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Art.4 |
Article IV General Measures |
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Art.4.0x |
The Parties shall, within the framework of the IATTC: |
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Art.4.1 |
1. Take measures to ensure the conservation of ecosystems as well as conservation and management measures to ensure the long-term sustainability of tuna stocks and other stocks of living marine resources associated with the tuna purse-seine fishery in the Agreement Area, based on the best scientific evidence available, and apply the precautionary approach, consistent with the relevant provisions of the FAO Code of Conduct for Responsible Fisheries and the United Nations Agreement on Straddling Fish Stocks and Highly Migratory Fish Stocks. Such measures shall be designed to maintain or restore the biomass of harvested stocks at or above levels capable of producing maximum sustainable yield, and with the goal of maintaining or restoring the biomass of associated stocks at or above levels capable of producing maximum sustainable yield; and |
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Art.4.2 |
2. Take measures, according to their capacities, to assess the catch and bycatch of juvenile yellowfin tuna and other stocks of living marine resources related to the purse-seine tuna fishery in the Agreement Area and establish measures in accordance with Article VI to, inter alia, avoid, reduce and minimize the bycatch of juvenile yellowfin tuna and bycatch of non-target species, in order to ensure long-term sustainability of all these species, taking into consideration the interrelationships among species in the ecosystem. |
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Art.5 |
Article V International Dolphin Conservation Program |
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Art.5.0x |
Pursuant to the International Dolphin Conservation Program and in consideration of the objective of this Agreement, the Parties shall, inter alia: |
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Art.5.1 |
1. Limit total incidental dolphin mortality in the purse-seine tuna fishery in the Agreement Area to no more than 5,000 annually, through the adoption and implementation of relevant measures, which shall include: |
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Art.5.1.a |
a. The establishment of a system that provides incentives to vessel captains to continue to reduce incidental dolphin mortality, with the goal of eliminating dolphin mortality in this fishery; |
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Art.5.1.b |
b. The establishment within the framework of the IATTC of a system of technical training and certification for fishing captains and crews on the gear and its use, as well as the techniques for the rescue and safety of dolphins; |
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Art.5.1.c |
c. Within the framework of the IATTC, the promotion and support of research to improve gear, equipment, and fishing techniques, including those used in the fishery for tunas associated with dolphins; |
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Art.5.1.d |
d. The establishment of an equitable system for the assignment of dolphin mortality limits (DMLs), consistent with the per-year dolphin mortality caps, in accordance with Annexes III and IV; |
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Art.5.1.e |
e. Requiring their respective vessels that have been assigned a DML, or that otherwise operate in the Agreement Area, to comply with the operational requirements set forth in Annex VIII; |
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Art.5.1.f |
f. The establishment of a system for the tracking and verification of tuna harvested with and without mortality or serious injury of dolphins, based on the elements set forth in Annex IX; |
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Art.5.1.g |
g. The exchange of scientific research data collected by the Parties pursuant to this Agreement on a full and timely basis; and |
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Art.5.1.h |
h. The conduct of research for the purpose of seeking ecologically sound means of capturing large yellowfin tunas not in association with dolphins; |
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Art.5.2 |
2. Establish per-stock per-year dolphin mortality caps, and review and assess the effects of these caps, in accordance with Annex III; and |
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Art.5.3 |
3.Review the measures at a Meeting of the Parties. |
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Art.6 |
Article VI Sustainability of Living Marine Resources |
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Art.6.0x |
Pursuant to Article IV, the Parties commit to develop and implement, within the framework of the IATTC, measures to ensure the long-term sustainability of living marine resources associated with the purse-seine tuna fishery in the Agreement Area, taking into consideration the interrelationships among species in the ecosystem. To this end, the Parties shall, inter alia: |
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Art.6.1 |
1. Develop and implement a program for assessing, monitoring and minimizing bycatch of juvenile tuna and non-target species in the Agreement Area; |
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Art.6.2 |
2. To the maximum extent practicable, develop and require the use of selective, environmentally safe and cost-effective fishing gear and techniques; |
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Art.6.3 |
3. Require that their vessels operating in the Agreement Area release alive incidentally caught sea turtles and other threatened or endangered species, to the maximum extent practicable; and |
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Art.6.4 |
4. Request the IATTC to initiate investigations to assess whether the fishing capacity of vessels fishing in the Agreement Area poses a threat to the sustainability of tuna stocks and other living marine resources associated with the fishery and, if so, examine possible measures and recommend their adoption whenever appropriate. |
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Art.11 |
Article XI National Scientific Advisory Committees |
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Art.11.1 |
1. Each Party shall, in accordance with its laws and procedures, establish a National Scientific Advisory Committee (NATSAC) of qualified experts, operating in their individual capacities, from the public and private sectors, and from non-governmental organizations including, inter alia, qualified scientists. |
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Art.11.2 |
2. The functions of the NATSACs shall be, inter alia, those set forth in Annex VI. |
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Art.11.3 |
3. The Parties shall ensure that the NATSACs shall cooperate through regular and timely meetings in the review of data and the status of stocks, and in the development of advice for achieving the objectives of this Agreement. Such meetings shall take place at least once a year in conjunction with an ordinary Meeting of the Parties. |
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Art.17 |
Article XVII Transparency |
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Art.17.1 |
1. The Parties shall promote transparency in the implementation of this Agreement, including through public participation, as appropriate. |
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Art.17.2 |
2. Representatives from intergovernmental organizations and representatives from non-governmental organizations concerned with matters relevant to the implementation of this Agreement shall be afforded the opportunity to take part in meetings of the Parties convened pursuant to Article VIII as observers or otherwise, as appropriate, in accordance with the guidelines and criteria set forth in Annex X. Such intergovernmental organizations and non-governmental organizations shall have timely access to relevant information, subject to procedural rules on access to such information that the Parties may adopt. |
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Art.18 |
Article XVIII Confidentiality |
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Art.18.1 |
1. The Meeting of the Parties shall establish rules of confidentiality for all bodies given access to information pursuant to this Agreement. |
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Art.18.2 |
2. Notwithstanding any confidentiality rules which may be adopted in accordance with paragraph 1 above, any persons with access to such confidential information may disclose such information in connection with legal or administrative proceedings, if requested by a competent authority of the Party concerned. |
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Art.19 |
Article XIX Cooperation with other Organizations or Arrangements |
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Art.19.1x |
The Parties shall cooperate with subregional, regional and global fishery conservation and management organizations and arrangements with the goal of promoting the achievement of the objectives of this Agreement. |
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Art.22 |
Article XXII Non-Parties |
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Art.22.1 |
1. The Parties shall encourage all States and regional economic integration organizations referred to in Article XXIV of this Agreement that are not Parties to become Parties to this Agreement or to adopt laws and regulations consistent with it. |
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Art.22.2 |
2. The Parties shall cooperate, in accordance with this Agreement and international law, to deter vessels flying the flags of States that are not Parties from carrying out activities that undermine the effectiveness of this Agreement. To this end, the Parties shall, inter alia, call to the attention of non-Parties such activities by their vessels. |
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Art.22.3 |
3. The Parties shall exchange information among themselves, either directly or through the Director, with respect to activities of vessels flying the flags of non-Parties that undermine the effectiveness of this Agreement. |
