THE MARINE MAMMAL COMMISSION COMPENDIUM
Protocol to the Eastern Pacific Ocean Tuna Fishing Agreement, San Jose, 1983
Done at San Jose 15 March 1983
Not in force
Primary source citation: Copy of text provided by the U.S. Department of State
PROTOCOL TO THE EASTERN PACIFIC OCEAN TUNA FISHING AGREEMENT
(A) 1. If the Agreement enters into force with five Contracting Parties, the fee for a fishing license shall be U.S. $60.00 (sixty dollars) per net registered ton of the vessel requesting the license.
2. For each additional Contracting Party which is also a Coastal State, the Council shall adjust the license fee up to a maximum of U.S. $100.00 (one hundred dollars) per net registered ton. For this purpose, the Council shall take into account, inter alia, the amount of tuna taken within 200 nautical miles from the baselines from which the breadth of the territorial sea of the Coastal State ratifying or adhering to this Agreement is measured.
The minimum increase in the fee for each additional Coastal State ratifying or adhering, after the sixth, shall be U.S. $10.00 (ten dollars) per net registered ton. The minimum increase for the sixth Coastal State may be more than, or less than, U.S. $10 (ten dollars) per net registered ton, also as determined by the Council.
3. Upon withdrawal by any Coastal State, the license fee shall be decreased, taking into account, inter alia, the amount of tuna taken within 200 nautical miles of the aforementioned baselines of the Coastal State withdrawing from the Agreement. However, in no case shall the fee be less than U.S. $60 (sixty dollars) per net registered ton.
(B) Licenses may be purchased at any time upon full payment of the established fee. Licenses shall be valid until December 31 of each year and allow access to fishing in the Agreement Area.
(C) Any Contracting Party's vessel with a net registered tonnage of 200 tons or less may obtain licenses on a semi-annual rather than on an annual basis. The fee for a semi-annual license shall be one-half the annual fee.
(D) Licenses shall not be required of vessels with a net registered tonnage of 200 tons or less which fish exclusively within 200 nautical miles of the aforementioned baselines of their flag State. However, the flag State shall notify the director of the names, registrations, tonnages and catches of such vessels.
(E) For the purpose of this Agreement and this Protocol, the term ‘tons’ refers to short tons.
(F) After deducting an appropriate percentage of the total fees collected for administrative costs, but in no case more than ten percent of the annual total, the Council shall disburse annually the balance of all fees to the Coastal States in proportion to the amount of tuna taken within 200 nautical miles of each Coastal State, measured from the aforementioned baselines, during the year in which the licenses are issued. For the purposes of such disbursement, the Council, in accordance with paragraph (G) of this Protocol, may request, in addition, data from any competent international agency or organization.
(G) 1. All licensed vessels shall provide written reports on the size of the catches taken in the Agreement Area, making specific mention of the coordinates of where the catches were made. These data shall be entered in the logbook of each vessel.
2. These data shall be confidential and shall not be used for any purpose other than as specifically provided by the Agreement and this Protocol.
3. The Director shall transmit to the Council aggregate data by area and size of catch.
4. The Council shall determine the mechanisms of collection and analysis of these data.
5. In accordance with Article VI (B) of the Agreement, each Contracting Party shall establish and enforce appropriate penalties for failure of its vessels to comply with their obligations set forth in this Protocol.
(H) The Contracting Parties will consult, as appropriate, with other States with a view to agreeing on the conditions of participation in this Agreement.