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Paragraphs in "Agreement Creating The Eastern Pacific Tuna Fishing Organization" coded as SBF

Label Provision
Art.8 Article 8 Functions of the Governing Board
Art.8.0x The Governing Board shall have the following functions
Art.8.1 1. The drawing up of the Organization's general policy and the supervision of compliance with its objectives;
Art.8.2 2. Adoption of measures based on recommendations made by the Scientific Committee, for conserving species covered by this Agreement when so required, including:
Art.8.2.a A. Establishing a maximum permissible global annual quota of catch per species in the Agreement's area of application, which shall include the sum total of the national quotas fixed by each coastal State for the seas adjacent to and within 200 miles of its coastline.
Art.8.2.b B. Establishment of annual guidelines fixing open and closed fishing seasons for species requiring conservation measures, according to the best available scientific evidence; and
Art.8.2.c C. Determining the allowable incidental fishing levels.
Art.8.3 3. Establishment of specific guidelines for the Executive Secretary to issue Annual international Fishing Permits of Licences to vessels of Member States for fishing the high seas within the Agreement's area of application.
Art.8.4 4. Modification of the Agreement's area of application on the high seas, when so recommended by the Scientific Committee.
Art.8.5 5. Modification of the list of species contained in Attachment (2) when so recommended by the Scientific Committee.
Art.8.6 6. Endeavour to obtain the services and resources of competent national or International agencies or bodies for scientific and technical purposes, according to the present Agreement's objectives.
Art.8.7 7. Determination, for the effects of paragraph 3 of Article 3 and based on the best available information, as to when a species covered by the Agreement is being exploited at or close to the level of maximum sustainable yield, and the conservation of which may be endangered by the additional participation of new States in the fishing of same. In such case the Governing Board shall declare a fishing saturation point and members shall cooperate with the Organization to implement this declaration.
Art.8.8 8. Approval of the admission of new members to the Organization, respecting the principle of overfishing, according to the terms set out in paragraph 3 of Article 3 of the present Agreement.
Art.8.9 9. Designation and replacement of the Executive Secretary of the Organization.
Art.8.10 10. Designation and replacement of the Scientific Research Coordinator.
Art.8.11 11. Take decisions relating to the Organization's budget.
Art.8.12 12. Charge the Executive secretary with carrying out activities and functions considered relevant, as well as approval, should the need arise, of initiatives submitted by said official.
Art.8.13 13. Approval of its own rules of procedure, those of the Scientific Committee and those of the Secretariat; and
Art.8.14 14. Exercise any other powers granted to it under the present Agreement.
Art.11 Article 11 Functions of the Scientific Committee
Art.11.0x The Scientific Committee shall be charged with the following:
Art.11.1 1. Promote, coordinate and implement within the Agreements area of application, such studies and research of a scientific and technical nature an are needed to achieve the Organization's aims in compliance with the Governing Board's decisions. Said research activities within the area of ocean adjacent to its coasts up to 200 miles shall require prior express consent from the coastal state concerned, pursuant to its laws.
Art.11.2 2. Formulate recommendations regarding the conservation of the species, covered by the present Agreement, based on the best available scientific evidence and on the results of their research regarding the abundance, biology, biometry, ecology and dynamics of the numbers of said species.
Art.11.3 3. Foster and promote cooperation between the parties through duly accredited national research institutions in the field of scientific research in order to increase knowledge on the species covered by the Agreement.
Art.11.4 4. Evaluate and approve the results of the research and studies presented by the Research Coordinator.
Art.11.5 5. Through the Executive Secretary to request from members of the Organization the scientific and statistical information it requires, keeping confidential matter as such and as it is provided.
Art.11.6 6. Compile and maintain statistics and records, and to publish or divulge reports and material regarding species covered by the Agreement.
Art.11.7 7. Cooperate with other national and international organizations both public and private having similar aims.
Art.11.8 8. Propose approval by the Governing Board of the Organization's rules of procedure.
Art.11.9 9. Any other function entrusted to it by the Governing Board or set out in the present Agreement.
Art.13 Article 13 Scientific Research Coordinator
Art.13.1 1. The Scientific Research Coordinator shall be responsible both for the Scientific Committee's activities and for research according to the terms set out in Article 11, and shall be designated by the Governing Board for a period of three years, and may be re-elected for a similar period. In the event of withdrawal or removal, the Governing Board shall immediately proceed to elect a new Coordinator who shall carry out these functions for a new period.
Art.13.2 2. The Research Coordinator shall be a citizen of a coastal State member of the organization, but of different nationality from the Executive Secretary, and shall be professionally competent regarding problems of scientific research on tuna fishing, and shall hold the position of an International Officer.
Art.13.3 3. The Research Coordinator shall submit to the Executive Secretary the nomination of scientific personnel required to carry out properly the Organization's functions, as well as their replacement. To this end the Governing Board's standards and procedures will be taken into consideration and where possible an equitable geographical distribution will be applied.
Art.13.3.ax Furthermore, the Scientific Research Coordinator may propose to the Governing body, should he/she deem it advisable, the designation of an independent team of international scientists or hiring the services of an international scientific organization to carry out the work of the Scientific Committee.
Art.13.4 4. In fulfilling their functions the Research Coordinator and the Organization's scientific personnel shall refrain from acting in any way whatsoever that may be incompatible with their position as international officers. Likewise, they may not have any financial interest whatever in the exploration, exploitation, marketing and other activities relating to the species covered by this Agreement. Finally, they shall, even after retirement from office, keep confidential all such information as came to their knowledge while in office.
Art.14 Article 14 The Secretariat
Art.14.1 1. The Secretariat shall provide the necessary services for carrying out the Organization's activities, and shall be comprised of officers and personnel designated by the Executive Secretary, based on the assigned personnel chart approved by the Governing Board.
Art.14.2 2. The Executive Secretary is the Organization's legal representative and is responsible for the Secretariat's compliance with its functions. Same shall be designated by the Governing Board for a period of three years and may be re-elected for one more similar period. In the event of resignation or removal the Governing Board shall immediately proceed to elect a new Executive Secretary, who shall carry out these functions for a new period.
Art.14.3 3. The Executive Secretary shall be a high level professional, citizen of an Eastern Pacific Coastal State Member of the Organization but of different nationality from the Scientific Research Coordinator and shall be well versed in the problems of tuna fishing and shall hold the post of International Officer.
Art.14.4 4. In fulfilment of their duties the Organization's Executive Secretary and staff shall refrain from acting in any way whatsoever which would be incompatible with their status an international officers. Likewise they shall not have any financial interest whatsoever in exploration, exploitation, marketing or other activities relating to the matters covered by this Agreement. Lastly they should maintain as confidential, even after their departure from office, all such confidential information as came to their knowledge, during their tenure.
Art.15 Article 15 The Executive Secretary’s Functions
Art.15.0x The Executive Secretary shall have the following duties:
Art.15.1 1. Implementation of decisions adopted by the Governing Board.
Art.15.2 2. Subject to the specific guidelines established by the Governing Board, issue international fishing permits and licences to vessels of member states to fish in the portion of the high seas falling within the Agreement's area of application, and shall be responsible for the handling of all matters relating to said permits and licences.
Art.15.3 3. Cooperation with Eastern Pacific Coastal States in order to simplify, facilitate, coordinate and, where possible, to standardize the prerequisites for granting national permits or licences for fishing the species covered by this Agreement.
Art.15.4 4. Keeping of records on vessels and catches.
Art.15.5 5. Submitting a proposal to the Governing Board regarding the Organization's budget and program of activities, bearing in mind the proposals made by States Parties thereto.
Art.15.6 6. Submitting a proposal of a draft agenda for Governing Board Meetings and convening same, bearing in mind the proposals of Member States.
Art.15.7 7. Provision of administrative and technical support for meetings of other bodies within the organization, acting as Secretary for these.
Art.15.8 8. Nomination and replacement of the Organization's administrative personnel according to the standards and procedures set by the Governing Board, as well as of scientific personnel, according to point 3 of Article 13.
Art.15.9 9. Representation of the Organization in legal matters.
Art.15.10 10. Proposal of rules of procedures to the Governing Board for their approval.
Art.15.11 11. Any other function which, pursuant to the present Agreement, is entrusted to him by other bodies within the Organization.
Art.16 Article 16 Granting of Permits or Licences
Art.16.1 1. It is the exclusive right of the coastal states to grant permits or licences for fishing the seas adjacent to and within 200 miles of their coasts.
Art.16.2 2. Such national permits or licences may indicate forms of action and other conditions established by the grantor state's laws and regulations. Similarly, said permits or licences may indicate the areas in which same apply, in order not to adversely affect the economic needs of coastal fishing communities and the coastal state's own development needs, without, however, impairing possible access of other member state's vessels to the surpluses of the grantor state, or its obligation not to affect the present.Agreement's objectives and purposes.
Art.16.3 3. The Executive Secretary shall issue to vessels of states Parties hereto, annual international permits or licences to fish the high seas within the Agreement's area of application.
Art.16.4 4. The granting of permits or licences shall be effected upon payment of a fee to be fixed annually by the Governing Board covering the portion of high seas within the Agreement's area of application. The Governing Board shall promote the necessary action with a view to sponsoring the establishment of a uniform system of payments to be set up by the coastal States, exercising their faculties to grant access to fishing in their adjacent waters.
Art.16.5 5. Based on the bent available scientific evidence and on recommendations supplied by the Scientific Committee, each coastal state shall annually determine and inform the Organization sixty (60) days before the Governing Board's Ordinary Meeting, of the volume of concentration of each species covered by the Agreement in the seas adjacent to and within 200 miles of its coastline, the national permissible fishing quota and the surpluses of said quota that may be made available giving priority to vessels of other States Parties hereto, under issue of the respective fishing permits, and only if said vessels cannot or do not wish to acquire said national permits may the respective coastal state negotiate its surplus to third party non-member states, issuing them national fishing permits.
Art.16.5.ax In the absence of such information within the indicated period, surpluses established for the previous fishing season shall remain in force.
Art.16.6 6. Those wishing to apply to a State Party for a national permit or licence may do so directly or through the Executive Secretary of the Organization who will pass on the request to the corresponding coastal state.
Art.16.7 7. The coastal states shall inform the Executive,Secretary of the fishing permits or licences granted to domestic as well as foreign vessels, through national official channels and in accordance with their domestic laws.
Art.16.8 8. The Secretariat shall disseminate ample information on the availability of such surpluses among the fishing enterprises o f the member states who may be interested in this catch and, before the fishing season opens, shall sponsor arrangements to facilitate the granting of the appropriate permits or licences by the coastal state in question.
Art.16.9 9. A coastal State not having sufficient available scientific research or extraction capacity may, on its own authority, according to domestic needs, and based on scientific evidence such as that which may be provided to them by the Scientific Committee, annually determine its permissible domestic quota, as well as its own fishing capacity and the surpluses that may be made available to State Parties hereto, upon issue of national permits or licences.
Art.16.9.ax Within the framework of contents of Article 2, point 2, the States Parties shall adopt said measures as soon as possible in favour of such States as request same.
Art.16.9.bx States Parties hereto not having sufficient infrastructure to fish their domestic permissible catch, may temporarily, until December 31 of the fifth year after the present Agreement comes into force, fish said resource under various manners of participation by vessels flying foreign flags of non-party States.
Art.16.9.cx States Parties to this Agreement, with the support of the General Secretariat or directly, shall promote actions to foster joint operations or fishing activities under other conditions with companies from member coastal countries not having at their disposal sufficient infrastructure.
Art.16.9.dx Bearing in mind the resolutions of the coastal states referred to in points 5 and 8 of the present Article and based on the best available scientific evidence, the Governing Board, at the recommendation of the Scientific Committee, shall establish the volume of abundance of each species covered by the Agreement, in the high seas covered by its area of application, in order to determine the permissible global quota of annual catch within said area, should the species in question require such conservation measures.
Art.17 Article 17 Fishing Access Records
Art.17.1 1. Domestic or international permits or licences granted pursuant to paragraphs 1, 2, 3 and 5 of Article 16, shall be registered in a fishing access record form to be provided by the Executive Secretary to such vessels as set out on fishing activities within the Agreement's area of application, in portions of which said permits or licences are applicable. Said records shall be annual and should be used for each open fishing season.
Art.17.2 2. The fishing access records mentioned in the preceding paragraph shall not be applicable to domestic vessels fishing exclusively in the seas adjacent to and within 200 miles of their own coastal state.
Art.18 Article 18 Fixing Fishing Season Dates
Art.18.1 1. The Scientific Committee, following the Governing Board's guidelines, shall establish the opening and closing of the fishing season for the Agreement's total area of application, in order that the maximum permissible total catch be respected for species which require said methods of conservation.
Art.18.1.ax Should an Eastern Pacific Coastal Member State, based on its scientific evidence, believe that the closing date established by the Scientific Committee should be modified, the Executive Secretary shall convene the Governing Board immediately in order to hold the corresponding Extraordinary Meeting.
Art.18.1.bx The Executive Secretary shall notify Member States of the opening and closing dates of each fishing season.
Art.18.2 2. In accordance with the terms of the previous point, when fixing the opening and closing dates for each season, priority consideration shall be given to ensure that each Coastal Member State has sufficient time to fish in the seas adjacent to and within 200 miles of its coastline.
Art.18.2.0x Following shall be the effects of closing the fishing season.
Art.18.2.a A. On the closing date the fleets of non-coastal States Parties shall cease to fish in the Agreement's area of application; and
Art.18.2.b B. As from the closing date the fleets of coastal states parties hereto may continue fishing only in the seas adjacent to and within 200 miles of their own coastline.
Art.21 Article 21 Enforcement
Art.21.1 1. The Executive Secretary shall promptly inform each State Party hereto, of the names of the vessels to which fishing access record forms have been issued, as well as the seas within 200 miles of the coastlines of coastal States Parties in which said permits are valid.
Art.21.2 2. Each coastal member State shall enforce the application measures set out in the present Agreement, in the seas adjacent to and within 200 miles of its coastline, according to its own domestic laws.
Art.21.3 3. Supervision and control of any vessel within the present Agreement's area of application and corresponding to the high seas, shall be the responsibility of the State under whose flag the vessel operates.
Art.21.4 4. When carrying out supervisory responsibilities of conservation measures with respect to vessels of another Member State, on account of violations of sea rights within 200 miles of their coastlines, the coastal state shall adopt the following measures:
Art.21.4.a A. As soon as any enforcement or supervision measure be taken, immediately notify the State under whose flag the vessel operates, through diplomatic channels, as well as the Executive Secretary.
Art.21.4.b B. Withdraw fish, but only in ports, from the holds of vessels of other member States.
Art.21.5 5. Inspections on board shall be carried out expeditiously with a minimum of interference in fishing operations and involving the least possible risk to vessel and crew.
Art.21.6 6. The Member States shall adopt the necessary internal legislative measures for complying with their supervisory responsibilities under this Agreement, and shall cooperate in establishing a uniform system of sanctions and other penalties.