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

Label Provision
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.20 Article 20 Register of Catch
Art.20.1 1. The Secretariat shall keep a fisheries catch register. To this end, the States Parties hereto shall make quarterly reports to the Secretariat of the appropriate data concerning tuna fishing activities carried out in this Agreement's area of application, including information regarding species caught, place and volume of catch. Likewise, the Coastal Member States shall report on fishing permits or licences granted for fishing surpluses.
Art.20.2 2. The Secretariat, through competent international bodies and in collaboration with States Parties hereto shall endeavour to obtain the most complete and reliable information possible on volumes and amounts of fish of the species regulated by the present Agreement, in its area of application as well as in other fishing areas.
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.
Art.31 Article 31 Amendments
Art.31.1 1. Any State Party hereto may propose amendments to the present Agreement. For consideration of same it is necessary for at least four (4) States Parties hereto to request the convening of a special meeting open to the participation by all member states. Approval of amendments shall be subject to the terms of Article 10 according to the subject matter thereof.
Art.31.2 2. The Organization's Secretariat shall remit to the member states the proposed amendments which have been presented, and shall convene the special meeting referred to in the preceding paragraph.
Art.31.3 3. Approved amendments shall be subject to ratification and shall enter into force in accordance with the prerequisites fixed by the Governing Board for same.