THE MARINE MAMMAL COMMISSION COMPENDIUM
MULTILATERAL / FISHERIES
First Update; pages 327-334
Done at Mahe 19 June 1991
Entered into force
Primary source citation: Copy of text provided by the U.S. Department of State
WESTERN INDIAN OCEAN TUNA ORGANISATION CONVENTION
Recognising their common interest in the conservation, management and optimum utilization of the living marine resources of the Western Indian Ocean region and in particular of the highly migratory tuna and tuna-like species;
Desiring to cooperate with a view to ensuring the conservation, management and optimum utilization of tuna and tuna-like species in the Western Indian Ocean;
Considering the United Nations Convention on the Law of the Sea opened for signature on 10th December 1982;
Desiring to promote regional cooperation and coordination in respect of fisheries policies;
Concerned to secure the maximum benefits from the tuna and tuna-like species of the region for their peoples;
HAVE AGREED AS FOLLOWS:
2. The Organisation shall consist of a Board, a Committee and a Secretariat.
3. The headquarters of the Organisation shall be in Seychelles.
(a) harmonization of policies with respect to fisheries;
(b) relations with distant water fishing nations;
(c) fisheries surveillance and enforcement according to arrangements which may be concluded;
(d) fisheries development, in particular development of fishing capacity of members and fish technology, processing and marketing;
(e) access to exclusive economic zones of Members, according to arrangements which may be concluded.
(a) any founding State described in Annex I;
(b) with unanimous approval of parties, any independent coastal State bordering the Western Indian Ocean whose territory is situated principally in the Western Indian Ocean region, having a common interest with parties in the conservation, management and optimum utilization of the highly migratory tuna and tuna-like species of the region occurring within and beyond its exclusive economic zone.
2. For the purposes of this Article, "Western Indian Ocean region" is the area described in Annex II.
2. The Board shall hold regular sessions at least once a year. A special session shall be held at any time at the request of a majority of Members.
3. The Board shall adopt such rules of procedure as it considers necessary.
4. The Board shall determine the policy of the Organisation and may direct the Committee on any matter pertaining to the policies and functions of the Organisation.
2. The Board shall appoint a Chairman and two Vice-Chairmen from among the Committee members on such conditions as it may determine.
3. The Committee shall meet as often as required and at least once a year.
4. The Committee shall endeavour to take decisions by consensus. In the absence of consensus, and unless otherwise provided in this Convention, a two-thirds majority of voting members shall be required for a decision.
5. The Committee shall adopt such rules of procedure and other internal administrative regulations as it considers necessary.
6. The Committee may establish such sub-committees, including technical and budget sub-committees, as it considers necessary.
7. The Committee shall act in an executive capacity and have the following functions and responsibilities, "inter alia, to:
(a) provide technical advice and guidance to the Board;
(b) provide a forum for Members to consult together on any matter of common concern in relation to fisheries;
(c) provide direction to the Secretariat with respect to its functions and responsibilities;
(d) carry out such other functions as may be required.
2. The Director may appoint such other staff in accordance with such rules and on such conditions as the Committee may determine.
3. The Secretariat shall, in accordance with the objects of the Organisation, have the following functions, "inter alia:
(a) collect, analyse, evaluate and distribute to Members relevant information on matters including:
(i) statistics on the living marine resources of the region and in particular tuna and tunalike species;
(ii) fisheries management plans and procedures, legislation and agreements;
(iii) prices, transport, processing and marketing of fish and fish products;
(iv) fishing patterns and technology;
(v) fisheries surveillance and enforcement;
(b) provide on request to any Member:
(i) technical advice and information;
(ii) assistance in any relevant matters;
(c) seek to establish working arrangements with relevant regional and international organisations;
(d) submit to the Committee an annual report, including audited financial statements, on the activities of the Organisation for the preceding year, and submit for approval a work programme and budget for the succeeding year;
(e) maintain effective relations with donor organisations;
(f) undertake such other functions as the Committee may direct.
(a) contributions from Members;
(b) other sources, including grants, donations and other forms of assistance,
as may be from time to time agreed by the Board.
LEGAL STATUS, PRIVILEGES AND IMMUNITIES
2. Subject to approval by the Board, an agreement shall promptly be concluded between the Organisation and the Government of Seychelles providing for such privileges and immunities as may be necessary for the proper discharge of the functions of the Organisation.
(a) copies of all relevant laws, regulations and administrative instructions, including those relating to the conservation and management of species covered by this Convention, and any amendment or repeal thereof;
(b) details on action taken with respect to decisions of the Committee.
2. All information, data and reports submitted to the Organisation by the Members shall be treated as confidential and utilised solely for the official purposes of the Organisation.
SIGNATURE, ACCEPTANCE AND ENTRY INTO FORCE
3. This Convention shall enter into force on receipt of the third such instrument of acceptance.
2. Accession will be effective upon receipt of the instrument of acceptance by the Depositary.
2. Amendments shall be effective upon receipt by the Depositary of instruments of acceptance from two-thirds of the Members of the Organisation.
2. A withdrawal shall be in writing and addressed to the Depositary, which shall promptly notify all Members of the Organisation.
3. Such withdrawal shall become effective sixty days after receipt by the Depositary.
2. The tribunal shall be composed of three persons:
(a) one person appointed by each party to the dispute;
(b) an independent chairman, appointed by the Board in consultation with the parties to the dispute.
3. In the event the Board determines that arrangements under paragraph 2 are impracticable, it shall appoint an independent person to establish the tribunal.
4. (a) Unless the parties otherwise agree, the arbitration shall take place in a member country not party to the dispute.
(b) The applicable rules of procedure for the tribunal shall be those in force in the member country where the arbitration takes place.
5. The decision of the tribunal shall be final and binding upon the parties to the dispute.
DONE in MAHE, SEYCHELLES, in English and French, each text being equally authentic, this 19 day of June 1991.
In accordance with Article 3, the following are founding States for the purposes of this Convention:
Comores India Kenya Madagasacar Maldives Mauritius Mozambique Seychelles Sri Lanka Tanzania
In accordance with Article 3, the area of the Western Indian Ocean region is as follows:
Starting along latitude 11°00'N from the Eastern Coast of India and through the following coordinates:
Lat. 11°00'N and long. 85°00'E Lat. 3°00'N and long. 85°00'E Lat. 3°00'N and long. 80°00'E Lat. 45°00'S and long. 80°00'E Lat. 45°00'S and long. 30°00'E
In accordance with Article 10, following are the tuna and tuna-like species for the purposes of this Convention.
TUNAAND TUNA-LIKE SPECIES
1. Yellowfin tuna Albacore Thunnus albacares
2. Skipjack tuna Listao Katsuwonus pelamis
3. Bigeye tuna Thon Obese Thunnus obesus
4. Albacore tuna Germon Thunnus alalunga
5. Southern bluefin tuna Thon rouge du Sud Thunnus maccoyii
6. Longtail tuna Thon mignon Thunnus tonggol
7. Frigate tuna Auxide Auxis thazard
8. Bullet tuna Bonite Auxis rochei
9. Kawakawa Thonine oriental Euthynus affinis
10. Narrow-barred Spanish mackerel Thazard raye (Indo-Pacifique) Scomberomorus commerson
11. Indo-Pacific King mackerel Thazard ponctue (Indo-Pacifique) Scomberomorus guttatus
12. Indo-Pacific blue marlin Makaire bleu (Indo-Pacifique) Makaira mazara
13. Black marlin Makaire noir Makaira indica
14. Striped marlin Makaire rouge Tetrapturus audax
15. Indo-Pacific sailfish Voilier (Indo-Pacifique) Istiophorus platypterus
16. Swordfish Espadon Xiphias gladius