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

Label Provision
Art.1 Article 1 The Organization’s Name, Establishment, Seat and Legal status
Art.1.1 1. The States parties to this Agreement agree to establish and maintain an international body to be called the Eastern Pacific Tuna Fishing Organization.
Art.1.2 2. The seat of the Eastern Pacific Tuna Fishing Organization shall be in the City of Guayaquil. The Organization shall enter into and sign an Agreement with the Government of the Republic of Ecuador regarding the respective seat of the Organization, as well as corresponding Agreements with the Governments of other States Parties in whose territory offices or agencies are to be established.
Art.1.3 3. The Organization shall have its own status an a juridical entity and shall enjoy, in the course of its relations with other international organizations and within the territories of the States parties hereto, full legal powers necessary to carry out its functions and achieve its purposes. Likewise, in keeping with pertaining national legislation it shall be competent to enter into contracts, acquire and transfer chattels and real estate, as well as to file lawsuits in fulfilment of its functions.
Art.2 Article 2 The Organization's Objectives
Art.2.1 1. The aims of the Organization shall be, through international cooperation of its members, to help to achieve the conservation, protection and optimum utilization of the highly migratory species to which this Agreement refers, which move about within this Agreement's area of application. To these ends the Organization shall be competent in the following matters:
Art.2.1.a A. Studies on the biology, ecology, biometry and dynamics of the total count of species to which the present Agreement applies, in order to determine the possible effects of natural factors and human maritime activities on the volume of such species.
Art.2.1.b B. The measures necessary to ensure conservation of the number of fish to which the present Agreement applies and to maintain same at levels of abundance which permit their maximum sustainable yield by ensuring optimum utilization through rational exploitation.
Art.2.1.c C. When the studies and measures mentioned in paragraphs A and B of the present Article are to be carried out in the seas adjacent to the coasts and within 200 miles of coastal States, then the prior and express consent of same shall be required.
Art.2.1.d D. Measures to reduce to a minimum any incidental killing and/or serious injury to marine mammals associated with the species covered by the present Agreement, due to activities of vessels engaged in tuna fishing activities;
Art.2.2 2. Moreover, the Organization shall adopt measures for training of human resources and transfer of technology and developing fishing capacity and infrastructure for tuna harvesting processing and research by disadvantaged Latin American Eastern Pacific Coastal States members of the present Organization, which have not yet been able to achieve reasonable benefit from said resources.
Art.3 Article 3 Members
Art.3.1 1. The members of the Organization shall comprise Eastern Pacific Coastal Nations which sign and ratify the present Agreement.
Art.3.2 2. The present Agreement shall be open to adherence by other States whose vessels have fished the species listed in Attachment 2, and within the area of application.
Art.3.3 3. The Organization's Governing Board shall approve the admission of other members through adherence to the Agreement, respecting the principle of saturation fishing.
Art.4 Article 4 Areas of Application
Art.4.1 1. The area of application of the Agreement will be that in the Eastern Pacific Ocean through which the species specified in Attachment (2) roam both within the sea adjacent to and within 200 miles of the coasts of continental and island territories of the States Parties; the latter area understood to be those having coasts directly on the ocean as well as on the areas of high seas adjacent to such zones, up to the meridian 145o longitude West without detriment to the rights of sovereignty and jurisdiction enjoyed by the coastal State located in said 200 miles zones.
Art.4.1.ax In accordance with their legislation and other national regulations, the fundamental principles and the aim and purpose of this Agreement, the States Parties may establish exclusion zones in the area of application of this Agreement within the 200 miles adjacent to their continental and insular coastlines.
Art.4.2 2. The Eastern Pacific coastal States Parties to the present Agreement shall provide the Organization's Secretariat with the outer limits of the high seas adjacent to their coasts up to 200 miles from the continental or insular coastlines of said States.
Art.4.2.ax The provision of said information shall not be considered a recognition by Member States of said limits.
Art.4.3 3. The Governing Board may, at the recommendation of the Scientific Committee, modify this Agreement's area of application in the high seas.
Art.6 Article 6 Species covered by the present Agreement
Art.6.1 1. The present Agreement applies to the highly migratory species moving in the area covered by the present Agreement, and which are listed in Attachment (2) which forms part of the present Agreement, regardless of whether or not they require conservation measures.
Art.6.2 2. The Governing Board, based on appropriate scientific research, may modify the list of species contained in Attachment (2).
Art.7 Article 7 Organic Structure
Art.7.1 1. The Organization shall be made up of the following principal bodies:
Art.7.1.a A. The Governing Board is the Organization's supreme body, and is comprised of representatives from all the States Parties. Each Member State shall have one representative on the Governing Board with the right to one vote, and may also accredit the technical, scientific and auxiliary personnel it deems advisable, according to the respective rules of procedure.
Art.7.1.a.ix The Presidency of the Governing Board for each of the meetings shall be held for one year, by each State in turn, in alphabetical rotation. At the first Ordinary Meeting the Presidency shall be filled by the State in which the Organization's headquarters are located.
Art.7.1.a.iix The President shall remain in office until the next Ordinary Meeting and shall preside over all Extraordinary Meetings held during this period. While carrying out this office the President or substitute shall be replaced as his/her Government's Representative by a delegate nominated for this purpose.
Art.7.1.b B. The Scientific Committee which is the advisory body to the Governing Board and its Secretariat, is comprised of a representative named by each States Party, selected by its scientific community. This Committee shall be the responsibility of a Research Coordinator; and
Art.7.1.c C. The Secretariat, which is the Organization's executive organ, shall be the responsibility of an Executive Secretary.
Art.7.2 2. The Governing Board may establish such subsidiary organs as it deems necessary.
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.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.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.22 Article 22 Sanctions
Art.22.1 1. The Governing Board shall encourage member States to adopt a uniform system of sanctions and penalties for violations of the conservation measures agreed upon in this Agreement, applicable within their jurisdiction.
Art.22.2 2. The States Parties hereto shall in this respect apply legal measures and regulations established at domestic level for exercising their sovereign rights over the exploration, exploitation, conservation and management of species set out in Attachment (2) in the seas adjacent to and within 200 miles of coastal States pursuant to the international Law of the Seas.
Art.22.3 3. At the end of each year, Member States shall inform the Organization through its Secretariat of the number and nature of measures they have adopted within the Agreement's area of application.
Art.22.4 4. Should a vessel be detained or seized, this, together with its crew, shall be freed promptly upon compliance with each state's rulings applicable in such case.
Art.33 Article 33 Controversy
Art.33.1 1. Any and all controversy relating to the application of the present Agreement that is not resolved among the interested member states, shall be submitted at the petition of any party to the controversy, to an ad-hoc conciliation system established for this purpose by the Governing Board.
Art.33.2 2. Should the controversy not be resolved through the application of said procedure, recourse may be made to any other peaceful means foreseen in international law for resolving disputes.