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12956 Multilateral - Agreement on the International Dolphin Conservation Program


   
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TREATIES AND OTHER INTERNATIONAL ACTS SERIES 12956

 

 

FISHERIES

Dolphin Conservation Program

 

Agreement Between the
UNITED STATES OF AMERICA
and OTHER GOVERNMENTS
Done at Washington May 21, 1998

with

Annexes

 

 

 

 

 

 

 

 

 

 

 

NOTE BY THE DEPARTMENT OF STATE

Pursuant to Public Law 89—497, approved July 8, 1966
(80 Stat. 271; 1 U.S.C. 113)—

“. . .the Treaties and Other International Acts Series issued
under the authority of the Secretary of State shall be competent
evidence . . . of the treaties, international agreements other than
treaties, and proclamations by the President of such treaties and
international agreements other than treaties, as the case may be,
therein contained, in all the courts of law and equity and of maritime
jurisdiction, and in all the tribunals and public offices of the
United States, and of the several States, without any further proof
or authentication thereof.”

 

 

 

 

 

 

 

 

 

 

 

 



MULTILATERAL

Fisheries: Dolphin Conservation Program


Agreement done at Washington May 21, 1998;
Entered into force February 15, 1999.
With annexes.

AGREEMENT ON THE INTERNATIONAL DOLPHIN CONSERVATION PROGRAM
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PREAMBLE
The Parties to this Agreement,
Aware that, in accordance with the relevant provisions of international law, as reflected in the
United Nations Convention on the Law of the Sea (UNCLOS) of 1982, all States have the duty
to take, or to cooperate with other States in taking, such measures as may be necessary for the
conservation and management of living marine resources;
Inspired by the principles contained in the Rio Declaration on Environment and Development
of 1992, as well as the wish to implement the principles and standards of the Code of Conduct
for Responsible Fisheries adopted by the FAO Conference in 1995;
Stressing the political will of the international community to contribute to enhancing the
effectiveness of fisheries conservation and management measures, through the Agreement to
Promote Compliance with International Conservation and Management Measures by Fishing
Vessels on the High Seas, adopted by the FAO Conference in 1993;
Taking note that the 50th General Assembly of the United Nations, pursuant to resolution
A/RES/50/24, adopted the Agreement for the Implementation of the Provisions of the United
Nations Convention on the Law of the Sea of 10 December 1982 Relating to the Conservation
and Management of Straddling Stocks and Highly Migratory Fish Stocks ("the United Nations
Agreement on Straddling Fish Stocks and Highly Migratory Fish Stocks");
Reaffirming the commitments established in the La Jolla Agreement of 1992 and in the
Declaration of Panama of 1995;
Emphasizing the goals of eliminating dolphin mortality in the purse-seine tuna fishery in the
eastern Pacific Ocean and of seeking ecologically sound means of capturing large yellowfin
tunas not in association with dolphins;
Considering the importance of the tuna fishery as a source of food and income for the
populations of the Parties and that conservation and management measures must address those
needs and take into account the economic and social impacts of those measures;
Recognizing the dramatic reduction of incidental dolphin mortality achieved through the La
Jolla Agreement;
Convinced that scientific evidence demonstrates that the technique of fishing for tuna in
association with dolphins, in compliance with the regulations and procedures established under
the La Jolla Agreement and reflected in the Declaration of Panama, has provided an effective
method for the protection of dolphins and rational use of tuna resources in the eastern Pacific
Ocean;
Reaffirming that multilateral cooperation constitutes the most effective means for achieving
the objectives of conservation and sustainable use of living marine resources;
Committed to ensure the sustainability of tuna stocks in the eastern Pacific Ocean and to
progressively reduce the incidental dolphin mortalities in the tuna fishery of the eastern Pacific
Ocean to levels approaching zero; to avoid, reduce and minimize the incidental catch and the
discard of juvenile tuna and the incidental catch of non-target species, taking into consideration
the interrelationship among species in the ecosystem;
Have agreed as follows:
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ARTICLE I. DEFINITIONS
For the purposes of this Agreement:
1. "Tuna" means the species of the suborder Scombroidei (Klawe, 1980), with the exception
of the genus Scomber.
2. "Dolphins" means species of the family Delphinidae associated with the fishery for
yellowfin tuna in the Agreement Area.
3. "Vessel" means a vessel that fishes for tuna with a purse seine.
4. "Parties" means the States or regional economic integration organizations which have
consented to be bound by this Agreement and for which this Agreement is in force.
5. "Regional economic integration organization" means a regional economic integration
organization to which its member States have transferred competence over matters covered
by this Agreement, including the authority to make decisions binding on its member States
in respect of those matters;
6. "IATTC" means the Inter-American Tropical Tuna Commission.
7. "La Jolla Agreement" means the instrument adopted at the Intergovernmental Meeting held
in June, 1992.
8. "International Dolphin Conservation Program" means the international program
established pursuant to this Agreement based on the La Jolla Agreement, as formalized,
modified and enhanced in accordance with the Declaration of Panama.
9. "On-Board Observer Program" means the program defined in Annex II.
10. "Declaration of Panama" means the Declaration signed in Panama City, Republic of
Panama, on October 4, 1995.
11. "Director" means the Director of Investigations of the IATTC.
ARTICLE II. OBJECTIVES
The objectives of this Agreement are:
1. To progressively reduce incidental dolphin mortalities in the tuna purse-seine fishery in the
Agreement Area to levels approaching zero, through the setting of annual limits;
2. With the goal of eliminating dolphin mortality in this fishery, to seek ecologically sound
means of capturing large yellowfin tunas not in association with dolphins; and
3. To ensure the long-term sustainability of the tuna stocks in the Agreement Area, as well as
that of the living marine resources related to this fishery, taking into consideration the
interrelationship among species in the ecosystem, with special emphasis on, inter alia,
avoiding, reducing and minimizing bycatch and discards of juvenile tunas and non-target
species.
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ARTICLE III. AREA OF APPLICATION OF THE AGREEMENT
The area of application of this Agreement ("the Agreement Area") is defined in Annex I.
ARTICLE IV. GENERAL MEASURES
The Parties shall, within the framework of the IATTC:
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,
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.
ARTICLE V. INTERNATIONAL DOLPHIN CONSERVATION PROGRAM
Pursuant to the International Dolphin Conservation Program and in consideration of the
objective of this Agreement, the Parties shall, inter alia:
1. Limit total incidental dolphin mortality in the purse-seine tuna fishery in the Agreement
Area to no more than five thousand annually, through the adoption and implementation of
relevant measures, which shall include:
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;
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;
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;
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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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;
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;
g. The exchange of scientific research data collected by the Parties pursuant to this
Agreement on a full and timely basis; and
h. The conduct of research for the purpose of seeking ecologically sound means of
capturing large yellowfin tunas not in association with dolphins;
2. Establish per-stock per-year dolphin mortality caps, and review and assess the effects of
these caps, in accordance with Annex III; and
3. Review the measures at a Meeting of the Parties.
ARTICLE VI. SUSTAINABILITY OF LIVING MARINE RESOURCES
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:
1. Develop and implement a program for assessing, monitoring and minimizing bycatch of
juvenile tuna and non-target species in the Agreement Area;
2. To the maximum extent practicable, develop and require the use of selective,
environmentally safe and cost-effective fishing gear and techniques;
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
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.
ARTICLE VII. IMPLEMENTATION AT THE NATIONAL LEVEL
Each Party shall adopt, in accordance with its laws and procedures, the necessary measures to
ensure the implementation of and compliance with this Agreement including, as appropriate,
the adoption of relevant laws and regulations.
ARTICLE VIII. MEETING OF THE PARTIES
1. The Parties shall meet periodically to consider matters pertaining to the implementation of
this Agreement and to make all decisions relevant thereto.
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2. The ordinary Meeting of the Parties shall take place at least once a year, preferably in
conjunction with an IATTC meeting.
3. The Parties may also hold extraordinary meetings when deemed necessary. These meetings
shall be convened at the request of any Party, provided that such request is supported by a
majority of the Parties.
4. The Meeting of the Parties shall be held when a quorum is present. Quorum is reached
when a majority of the Parties are present. This rule shall also apply to meetings of
subsidiary organs established under this Agreement.
5. The meetings shall be held in Spanish and English, and the documents of the Meeting of the
Parties shall be produced in both these languages.
ARTICLE IX. DECISION MAKING
All decisions made by the Parties at meetings convened pursuant to Article VIII shall be by
consensus.
ARTICLE X. SCIENTIFIC ADVISORY BOARD
The functions of the Scientific Advisory Board, established pursuant to the La Jolla Agreement,
shall be those set forth in Annex V. The Scientific Advisory Board shall be composed and shall
operate in accordance with the provisions of Annex V.
ARTICLE XI. NATIONAL SCIENTIFIC ADVISORY COMMITTEES
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.
2. The functions of the NATSACs shall be, inter alia, those set forth in Annex VI.
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.
ARTICLE XII. INTERNATIONAL REVIEW PANEL
The functions of the International Review Panel (IRP), established pursuant to the La Jolla
Agreement, shall be those set forth in Annex VII. The IRP shall be composed and shall operate
in accordance with the provisions of Annex VII.
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ARTICLE XIII. ON-BOARD OBSERVER PROGRAM
The On-Board Observer Program established pursuant to the La Jolla Agreement shall operate
in accordance with Annex II.
ARTICLE XIV. ROLE OF THE IATTC
Envisioning that the IATTC shall have an integral role in coordinating the implementation of
this Agreement, the Parties shall, inter alia, request the IATTC to provide Secretariat support
and to perform such other functions as are set forth in this Agreement or are agreed upon
pursuant to this Agreement.
ARTICLE XV. FINANCING
The Parties shall contribute to the expenses necessary to achieve the objectives of this
Agreement, through the establishment and collection of vessel fees, the level of which shall be
determined by the Parties, without prejudice to other voluntary financial contributions.
ARTICLE XVI. COMPLIANCE
1. Each Party shall ensure with respect to vessels under its jurisdiction effective compliance
with the measures set forth in this Agreement or adopted pursuant thereto. In particular,
each Party shall ensure, through, inter alia, an annual certification and inspection program,
that vessels under its jurisdiction comply with:
a. the operational requirements established in Annex VIII; and
b. the on-board observer requirements established in Annex II.
2. In respect of violations, each Party, taking into consideration the recommendations of the
IRP, shall apply, consistent with its national laws, sanctions of sufficient gravity as to be
effective in securing compliance with the provisions of this Agreement and of measures
adopted pursuant thereto and to deprive offenders of the benefits accruing from their illegal
activities. Such sanctions shall, for serious offenses, include refusal, suspension or
withdrawal of the authorization to fish.
3. The Parties shall establish incentives for the captains and crews of vessels, with the view to
enhancing compliance with this Agreement and its objectives.
4. The Parties shall adopt cooperative measures to ensure compliance with this Agreement,
building on decisions that have been taken under the La Jolla Agreement.
5. Each Party shall promptly inform the IRP of enforcement actions it has taken pursuant to
this Agreement, and the results thereof.
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ARTICLE XVII. TRANSPARENCY
1. The Parties shall promote transparency in the implementation of this Agreement, including
through public participation, as appropriate.
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.
ARTICLE XVIII. CONFIDENTIALITY
1. The Meeting of the Parties shall establish rules of confidentiality for all bodies given
access to information pursuant to this Agreement.
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.
ARTICLE XIX. COOPERATION WITH OTHER ORGANIZATIONS OR ARRANGEMENTS
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.
ARTICLE XX. SETTLEMENT OF DISPUTES
1. The Parties shall cooperate in order to prevent disputes. Any Party may consult with one or
more other Parties about any dispute related to the interpretation or application of the
provisions of this Agreement to reach a solution satisfactory to all as quickly as possible.
2. If a dispute is not settled through such consultation within a reasonable period, the Parties
in question shall consult among themselves as soon as possible in order to settle the dispute
through any peaceful means they may decide upon in accordance with international law.
ARTICLE XXI. RIGHTS OF STATES
No provision of this Agreement may be interpreted in such a way as to prejudice or undermine
the sovereignty, sovereign rights or jurisdiction exercised by any State in accordance with
international law, as well as its position or views with regard to matters relating to the law of
the sea.
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ARTICLE XXII. NON-PARTIES
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.
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.
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.
ARTICLE XXIII. ANNEXES
The Annexes form an integral part of this Agreement and, unless expressly provided otherwise,
a reference to this Agreement includes a reference to the Annexes relating thereto.
ARTICLE XXIV. SIGNATURE
This Agreement is open for signature at Washington from May 21, 1998, until May 14, 1999
by States with a coastline bordering the Agreement Area and by States or regional economic
integration organizations which are members of the IATTC or whose vessels fish for tuna in the
Agreement Area while the Agreement is open for signature.
ARTICLE XXV. RATIFICATION, ACCEPTANCE OR APPROVAL
This Agreement is subject to ratification, acceptance or approval by the Signatories in
accordance with their domestic laws and procedures.
ARTICLE XXVI. ACCESSION
This Agreement shall remain open to accession by any State or regional economic integration
organization that meets the requirements in Article XXIV, or is otherwise invited to accede to
the Agreement on the basis of a decision by the Parties.
ARTICLE XXVII. ENTRY INTO FORCE
1. This Agreement shall enter into force upon deposit of the fourth instrument of ratification,
acceptance, approval or accession with the Depositary.
2. After the date referred to in paragraph 1, with respect to each state or regional economic
integration organization that meets the requirements of Article XXVI, the Agreement will
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enter into force for each state or regional economic integration organization upon deposit of
its instrument of ratification, acceptance, approval or accession.
ARTICLE XXVIII. RESERVATIONS
No reservations may be made to this Agreement.
ARTICLE XXIX. PROVISIONAL APPLICATION
This Agreement shall be applied provisionally by a State or regional economic integration
organization which consents to its provisional application by so notifying the Depositary in
writing. Such provisional application shall become effective from the date of receipt of the
notification.
2. Provisional application by a State or regional economic integration organization shall
terminate upon the entry into force of this Agreement for that State or regional economic
integration organization or upon notification by that State or regional economic integration
organization to the Depositary in writing of its intention to terminate provisional
application.
ARTICLE XXX. AMENDMENTS
1. Any Party may propose an amendment to this Agreement by providing to the Depositary
the text of a proposed amendment at least sixty days in advance of a Meeting of the Parties.
The Depositary shall provide a copy of this text to all other Parties.
2. Amendments to this Agreement that are adopted by consensus at a Meeting of the Parties
shall enter into force on the date on which all Parties have deposited instruments of
ratification, acceptance or approval with the Depositary.
3. Unless the Parties decide otherwise, the Annexes to this Agreement may be amended, by
consensus, at any Meeting of the Parties. Unless otherwise agreed, amendments to an
Annex shall enter into force for all Parties upon adoption.
ARTICLE XXXI. WITHDRAWAL
Any Party may withdraw at any time after twelve months from the date on which this
Agreement entered into force with respect to that Party by giving written notice of withdrawal
to the Depositary. The Depositary shall inform the other Parties of the withdrawal within 30
days of receipt of such notice. The withdrawal shall become effective six months after receipt
of such notice.
ARTICLE XXXII. DEPOSITARY
The original texts of this Agreement shall be deposited with the Government of the United
States of America, which shall send certified copies thereof to the Signatories and the Parties
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thereto, and to the Secretary General of the United Nations for registration and publication,
pursuant to Article 102 of the Charter of the United Nations.
IN WITNESS WHEREOF, the undersigned plenipotentiaries, having been duly authorized by
their respective Governments, have signed this Agreement.
DONE AT Washington, D.C., on this twenty first day of May, 1998, in English and Spanish,
both texts being equally authentic.
Annex I
AGREEMENT AREA
The Agreement Area comprises the area of the Pacific Ocean bounded by the coastline of
North, Central, and South America and by the following lines:
a. The 40°N parallel from the coast of North America to its intersection with the 150°W
meridian;
b. The 150°W meridian to its intersection with the 40°S parallel;
c. And the 40°S parallel to its intersection with the coast of South America.
Annex II
ON-BOARD OBSERVER PROGRAM
1. The Parties shall maintain an On-Board Observer Program in accordance with the
provisions of this Annex. As a component of this Program, each Party may also maintain
its own national observer program, in accordance with the provisions of this Annex.
2. Each Party shall require its vessels with a carrying capacity greater than 363 metric tons
(400 short tons) and that operate in the Agreement Area, to carry an observer during each
fishing trip in the Agreement Area. At least 50 percent of the observers on the vessels of
each Party shall be IATTC observers; the remainder may be from the Party's national
observer program, based on criteria set forth in this Annex as well as any other criteria
established by the Meeting of the Parties.
3.All observers must:
a. have completed the technical training required by the guidelines that the Parties
establish;
b. be a national of one of the Parties or a member of the scientific staff of the IATTC;
c. be capable of performing the duties set forth in paragraph 4 of this Annex; and
d. be included in a list of observers maintained by the IATTC or, if part of a national
observer program, by the Party maintaining such program.
4. The duties of the observers shall be, inter alia:
a. to gather all pertinent information on the fishing operations of the vessel to which the
observer is assigned as is necessary for implementation of this Agreement;
b. to make available to the captain of the vessel to which the observer is assigned all
measures established by the Parties pursuant to this Agreement;
c. to make available to the captain of the vessel to which the observer is assigned the
record of dolphin mortality of that vessel;
d. to prepare reports on information gathered in accordance with this paragraph, and
provide the vessel captain with the opportunity to include in such reports any
information the captain might deem to be relevant;
e. to provide such reports to the Director or the pertinent national program, to be used in
accordance with Annex VII, paragraph 1, of this Agreement; and
f. to perform such other functions as agreed by the Parties.
5. The observers shall:
a. except to the extent required under paragraphs 4(d) and 4(e) of this Annex, treat as
confidential all information with respect to the fishing operations of the vessels and of
the vessel owners, and accept this requirement in writing as a condition of appointment
as an observer;
b. comply with requirements established in the laws and regulations of the Party which
exercises jurisdiction over the vessel to which the observer is assigned, insofar as such
requirements are not incompatible with the provisions of this Annex;
c. refrain from issuing or endorsing any certificate or other documentation relating to the
fishing operations of the vessel, except as may be approved by the Parties; and
d. respect the hierarchy and general rules of behavior which apply to all vessel personnel,
provided such rules do not interfere with the duties of the observers described in this
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Annex and with the obligations of vessel personnel set forth in paragraph 6 of this
Annex.
6. The responsibilities of the Parties and vessel captains regarding observers shall include the
following, inter alia:
a. Observers shall be allowed access to vessel personnel and to the gear and equipment
specified in Annex VIII;
b. Upon request, observers shall also be allowed access to the following equipment, if
present on the vessel to which they are assigned, in order to facilitate the carrying out of
their duties set forth in paragraph 4:
i. satellite navigation equipment;
ii. radar display viewing screens when in use;
iii. high-powered binoculars including during the chase and encirclement of dolphins to
facilitate identification, except when in use by vessel personnel; and
iv. electronic means of communication;
c. Observers shall have access to the vessel working deck during net and fish retrieval and
to any specimen, alive or dead, that is brought aboard the vessel during a set in order to
collect biological samples in accordance with the On-Board Observer Program or as
otherwise required by competent national authorities as part of a national observer
program;
d. Observers shall be provided accommodations, including lodging, food, and adequate
sanitary facilities equal to those of the crew;
e. Observers shall be provided with adequate space on the bridge or pilothouse for clerical
work, as well as space on deck adequate for carrying out observer duties; and
f. The Parties shall ensure that captains, crew, and vessel owners do not obstruct,
intimidate, interfere with, influence, bribe, or attempt to bribe an observer in the
performance of his or her duties.
7. The Parties shall:
a. ensure that any observers from their respective national programs collect information in
the same manner as is required for IATTC observers; and
b. provide to the Director copies of all raw data collected by observers from their
respective national programs in a timely manner upon the conclusion of the trip during
which the data were collected, along with summaries and reports comparable to those
provided by IATTC observers.
8. In a timely manner after each trip observed by an IATTC observer, the Director, in a manner
consistent with any applicable confidentiality requirements, is requested to provide to the
Party under whose jurisdiction the vessel fished, copies of all raw data, summaries, and
reports pertaining to the trip.
9. Notwithstanding other provisions of this Annex, if the Director determines that the
placement of an observer from the On-Board Observer Program is not practical, a vessel
subject to the jurisdiction of a Party that fishes in the Agreement Area without setting on
dolphins may use a trained observer from another international program, provided such
program is approved by the Parties, to collect pertinent information for the On-Board
Observer Program, and to confirm to the Director that such vessel does not set on dolphins.
10. Observers from the On-Board Observer Program may be assigned to vessels of non-Parties
at the discretion of the Director, provided the vessel and the vessel captain comply with all
the requirements of this Annex, and all other applicable requirements of this Agreement.
The Director is requested to inform the Parties of any such assignment in a timely manner.
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11. Fees
a. The Parties shall establish the amount of the annual vessel fees to cover the costs of the
On-Board Observer Program. The fees shall be calculated on the basis of the carrying
capacity of each vessel or any other standard specified by the Parties.
b. At the time a Party submits to the Director the list of vessels under Annex IV to this
Agreement, it shall also submit payment, in U.S. dollars, for the fees established under
paragraph 11(a) of this Annex, specifying which vessels the payment covers.
c. No observer shall be assigned to a vessel for which the fees, as required under paragraph
11(b) of this Annex, have not been paid.
Annex III
PER-STOCK, PER-YEAR DOLPHIN MORTALITY CAPS
1. The Parties shall establish, at a meeting convened pursuant to Article VIII of this
Agreement, a per-stock, per-year dolphin mortality cap for each stock of dolphins,
determined by the Meeting of the Parties, based on the best available scientific evidence, of
between 0.2 percent and 0.1 percent of the Minimum Estimated Abundance (Nmin) as
calculated by the U.S. National Marine Fisheries Service or equivalent calculation standard
as might be developed or recommended by the Scientific Advisory Board but in no event
shall the total annual incidental dolphin mortality exceed five thousand, consistent with the
provisions of this Agreement. In the year 2001 and thereafter, the per-stock, per-year cap
shall be 0.1 percent of Nmin.
2. The Parties shall conduct in 1998, or as soon as possible thereafter, a scientific review and
assessment of progress toward the year 2001 objective, and consider recommendations as
appropriate. Up to the year 2001, in the event that annual mortality of 0.2 percent of Nmin
is exceeded for any stock of dolphins, all sets on that stock and on any mixed schools
containing members of that stock shall cease for that year. Beginning in the year 2001, in
the event that annual mortality of 0.1 percent of Nmin is exceeded for any stock of
dolphins, all sets on that stock and on any mixed schools containing members of that stock
shall cease for that year. In the event that annual mortality of 0.1 percent of Nmin is
exceeded for either eastern spinner or northeastern spotted dolphin stocks, the Parties shall
conduct a scientific review and assessment and consider further recommendations.
3. For purposes of this Agreement, the Parties shall use the current estimate of absolute
abundance for the dolphin stocks of the eastern Pacific Ocean presented by Wade and
Gerrodette to the International Whaling Commission in 1992, based on U.S. National
Marine Fisheries Service research vessel data for the period 1986-1990, until the Parties
agree on an updated set of figures. Such updates could result from the analysis of data
from future research cruises and indices of abundance and other relevant scientific data
from the Parties, the IATTC and other scientific organizations.
4. The Parties shall establish a system, based on real-time observer reporting, to ensure
effective implementation and compliance with the per-stock, per-year dolphin mortality
cap.
5. Within six months of the entry into force of this Agreement, the Parties shall establish a
system for the allocation of the per-stock per-year dolphin mortality cap for each stock for
the ensuing year and years thereafter. This system shall provide for the distribution of the
mortality limits in Paragraph 1 of this Annex among vessels of the Parties which are
eligible for Dolphin Mortality Limits, in accordance with Annex IV. When establishing
this system, the Parties shall consider the best available scientific evidence on the
distribution and abundance of the stocks in question, and other variables which the
Meeting of the Parties shall define at a later date.
Annex IV
DOLPHIN MORTALITY LIMITS (DMLs)
I. Assignment of DMLs
1. Each Party shall provide to the Meeting of the Parties, through the Director, prior to
October 1 of each year, a list of vessels under its jurisdiction of carrying capacity greater
than 363 metric tons (400 short tons) that have requested a full-year DML for the following
year, indicating those other vessels that are likely to be operating in the Agreement Area in
the following year, and vessels that have requested a second-semester DML for the
following year.
2. The IRP shall, by November 1 of each year, or later if agreed by the IRP, provide to the
Meeting of the Parties a list of qualified applicant vessels eligible to receive a DML. For
purposes of this Agreement, a vessel shall be considered qualified if:
a. it has been certified by the relevant national authorities to be in possession of all of the
dolphin safety gear and equipment required in Annex VIII;
b. its captain and crew have received approved training in dolphin release and rescue
techniques comparable to a standard established by the Meeting of the Parties;
c. it is over 363 metric tons (400 short tons) carrying capacity in size;
d. it has a captain considered qualified due to his or her prior record of performance; and
e. the vessel is not deemed to be disqualified under Section II of this Annex.
3. A vessel shall not be considered qualified under paragraph 2 if, on the date of the request
pursuant to paragraph 1 of this Annex, the vessel is operating under the jurisdiction of a
Party whose applicable laws and regulations prohibit vessels under its jurisdiction from
fishing for tuna in association with dolphins; nor shall DMLs be assigned to any Party in
order to provide permits for fishing in the Agreement Area to vessels flying the flag of
another State whose applicable laws and regulations prohibit vessels under its jurisdiction
from fishing for tuna in association with dolphins.
4. 98 percent, or such other unreserved portion as the Parties might determine, of the overall
dolphin mortality limit for the fishery (five thousand, or such other lower limit as the
Parties might determine) shall be used to calculate into an average individual vessel DML
(ADML) and distributed among the Parties for the succeeding year, as set forth in paragraph
5 of this Section.
5. The ADML shall be calculated by dividing the unreserved portion of the overall DML for
the fishery established under paragraph 4 by the total number of qualified vessels requesting
full-year DMLs. The distribution of DMLs among Parties shall be determined by
multiplying the ADML by the number of qualified vessels requesting full-year DMLs and
operating under the jurisdiction of each Party.
6. The remaining two percent, or such other portion as the Parties might determine, of the
overall DML for the fishery shall be maintained as a separate Reserve DML Allocation
(RDA), to be managed at the discretion of the Director. Any Party may request that the
Director assign DMLs from such RDA to vessels fishing under its jurisdiction which do not
normally fish for tuna in the Agreement Area but which may, from time to time, desire to
participate in the fishery in the Agreement Area on a limited basis, provided that such
vessels and their captains and crews meet the operational and training requirements set forth
in Annex VIII of this Agreement and that the requirements set forth in paragraphs 2 and 3,
2
of this Section are met. Any accidental mortalities caused by vessels operating in the
Agreement Area under the jurisdiction of any of the Parties that have not requested DMLs
for their fleet shall also be deducted from this RDA.
7. No DML shall be assigned to a vessel which has been determined by the Parties to have
engaged in a pattern of violations, as confirmed through enforcement actions taken against
such vessel by the Party under whose jurisdiction it operates, which diminish the
effectiveness of the International Dolphin Conservation Program.
8. The individual Parties with qualified vessels that will be fishing for tuna in association with
dolphins shall manage their DMLs in a responsible manner, provided that no individual
vessel shall receive a total annual DML in excess of the DML established for 1997 by the
IRP, and reported in the Minutes of the 14th Meeting of the IRP, held on February 19-20,
1997, under the La Jolla Agreement. No Party shall allocate to the total of its qualified
vessels a greater number of DMLs than those that such Party has been allocated under
Sections I and III of this Annex. No initial assignment of DMLs may result in any vessel
receiving a DML in excess of the ADML unless its performance in reducing dolphin
mortalities, as measured by the IRP based upon the previous two years' data, is better than
the average performance of the international fleet as a whole. No initial assignment of
DMLs may result in any vessel receiving a DML in excess of the ADML if, during the
previous year, it has committed any of the infractions identified in Section III, paragraph 4
of this Annex, subject to the conditions established pursuant to that paragraph.
9. Should the total mortalities of the fleet of any Party meet or exceed the total amount of
DML distributed to it pursuant to this Annex, fishing for tuna in association with dolphins
shall cease for all vessels operating under the jurisdiction of that Party.
10. Each Party shall, no later than February 1 of each year, notify the Director of the initial
allocation of its distributed DML among its fleet. No vessel may begin fishing for tunas
associated with dolphins until the Director receives such notification.
II. Utilization of DMLs
1. Any vessel which is assigned a full-year DML and does not set on dolphins prior to April 1
of that year, or which is assigned a second-semester DML and does not set on dolphins by
December 31 of that year, or which is assigned a per-trip DML from the RDA and does not
set on dolphins during that trip, unless as a result of force majeure or extraordinary
circumstances, as agreed by the IRP, shall lose its DML and may not set on dolphins for the
remainder of that year. Any such vessel that loses its DML on two consecutive occasions
shall not be eligible to receive a DML for the following year.
2. Within six months following entry into force of this Agreement, the IRP, in cooperation
with the scientific staff of the IATTC, shall develop and recommend a system by which to
measure DML utilization in order to deter frivolous requests for DMLs. Such
recommended system shall be presented for consideration by the Meeting of the Parties.
III. Use of forfeited or unutilized DMLs
1. After April 1 of each year, any DMLs which the Director determines will not be utilized
pursuant to Section Il or which have otherwise been forfeited shall be reallocated to the
Parties consistent with this Section.
2. On the first working day in April of each year, the full-year DMLs assigned to those vessels
that have not utilized them, pursuant to Section II, or have otherwise forfeited them, shall be
redistributed among the Parties by the Director, consistent with the formula established
pursuant to Section I, paragraph 5, but after first adjusting such formula as set forth in
subparagraphs (a), (b) and (c) below. Such additional DMLs may be reallocated by the
3
individual Parties among qualified vessels under the jurisdiction of such Party, subject to
limitations and conditions set forth in paragraphs 3, 4, 5, 6 and 7 of this Section.
a. In performing the reallocation, any vessels that may have lost or otherwise forfeited
DMLs under this paragraph, and any vessels requesting second-semester DMLs after
the deadline set forth in Section I, paragraph 1, shall not be considered.
b. Prior to establishing the number of DMLs available for reallocation under this Section,
adjustment shall be made by subtracting from such number any observed dolphin
mortalities caused by those vessels that lost their DMLs under Section II, paragraph 1.
c. Prior to establishing the number of DMLs available for reallocation under this Section,
the Director shall deduct one third of the ADML calculated pursuant to Section I,
paragraph 5, for allocation to each vessel requesting a second-semester DML prior to the
deadline established pursuant to Section I, paragraph 1. Such second-semester DMLs
shall be allocated by the Director to the Parties proportionately, based upon the
jurisdiction of respective Parties over vessels covered under this subparagraph. The
second-semester DMLs assigned to such vessels by the Parties under whose jurisdiction
they operate shall not exceed one-third of the ADML calculated pursuant to Section I,
paragraph 5. Such vessels may not begin setting on dolphins before July 1 of that year.
3. Any Party may adjust the DMLs of its qualified vessels which meet the criteria set forth in
Section I, paragraph 2, of this Annex either upward or downward, provided that no vessel is
assigned an adjusted DML in excess of 50 percent above its initial DML, unless its
performance in successfully reducing dolphin mortalities, as measured by the IRP, is in the
upper 60 percent of the performance of the international fleet as a whole, as determined by
the IRP, based upon the prior year's data. A Party making such an adjustment shall so
notify the Director no later than May 1, and no such adjustment shall take effect until the
Director has been notified.
4. No vessel may have its initial DML adjusted upward by any Party if the IRP had
determined, and the Party with jurisdiction over the vessel concurs, that during that year or
the previous year:
a. the vessel fished without an observer;
b. the vessel set on dolphins without a DML;
c. the vessel set on dolphins after reaching its DML;
d. the vessel knowingly set on a banned dolphin stock;
e. the captain, crew, or the vessel owner committed any of the actions described in Annex
II, Paragraph 6(f) of this Agreement;
f. the vessel made a sanctionable night set; or
g. the vessel used explosives during any phase of a fishing operation involving dolphins.
For infractions described in (a), (b), (c), (d), (f), and (g), a Party will be deemed to have
provided such concurrence if it does not object to the IRP within six months of a referral of
a possible violation from the IRP. For the infraction described in (e), a Party will be
deemed to have provided such concurrence if it does not object to the IRP within 12 months
of such referral.
5. No vessel may be eligible to receive an additional allocation of DML by a Party unless it
has on board all of the required dolphin safety gear and equipment throughout the year; and
no such upward allocation may be made for a vessel which has exceeded its initial DML
prior to April 1, unless due to force majeure or extraordinary circumstances, as agreed by
the Meeting of the Parties, in consultation with the IRP.
4
6. For any vessel exceeding its DML, as it may be adjusted pursuant to this Annex, during a
given year, the amount of such excess, plus an additional 50 percent of that amount, unless
the IRP recommends otherwise, shall be deducted from DMLs assigned to that vessel by a
Party under whose jurisdiction the vessel operates over subsequent years in a manner
prescribed by the IRP.
7. If at any time a vessel meets or exceeds its DML, as it may be adjusted pursuant to this
Annex, that vessel shall immediately cease all fishing for tuna in association with dolphins.
IV. Implementation
1. The Parties shall ensure that in the implementation of the DML system established by this
Annex, the per-stock, per-year dolphin mortality caps, as specified in Annex III, are not
exceeded.
2. In cases involving unusual or extraordinary circumstances not foreseen in this Annex, the
Parties, as recommended by the IRP, may take such measures as are necessary, consistent
with the provisions of this Annex, in order to implement the DML system.
3. If the mortality in any given year increases above levels which the IRP considers to be
significant, the IRP shall recommend that the Parties hold a meeting to review and identify
the causes of mortality and formulate options to address such causes.
Annex V
SCIENTIFIC ADVISORY BOARD
1. The Parties shall maintain the Scientific Advisory Board of technical specialists established
pursuant to the La Jolla Agreement to assist the Director in matters regarding research to
a. modify current purse-seine technology to make it less likely to cause dolphin mortality
and
b. seek alternative means of capturing large yellowfin tuna.
2. The functions and responsibilities of the Board shall be to:
a. Meet at least once each year;
b. Review plans, proposals, and research programs of the IATTC to seek to meet the
objectives set forth in paragraph 1 above;
c. Provide advice to the Director concerning the design, facilitation, and guidance of
research to achieve the objectives set forth in paragraph 1 above; and
d. Assist the Director in locating sources of funding to conduct such research.
3. The Board will consist of no more than 10 members, no more than two of whom shall be
from any one country, selected from the international community of scientists, fishing gear
experts, the fishing industry, and environmentalists. The members will be proposed by the
Director on the basis of their technical expertise, and each one will be subject to approval
by the Parties.
Annex VI
NATIONAL SCIENTIFIC ADVISORY COMMITTEES
1. The functions of the National Scientific Advisory Committees (NATSACs), established in
accordance with Article XI of this Agreement, shall be, inter alia, to:
a. Receive and review relevant data, including data provided to national authorities by the
Director;
b. Advise and recommend to their governments measures and actions that should be
undertaken to conserve and manage stocks of living marine resources in the Agreement
Area;
c. Make recommendations to their governments regarding research needs, including
research concerning ecosystems, the effects of climatic, environmental and
socioeconomic factors, the effects of fishing as well as on measures contemplated in this
Agreement, fishing techniques and practices, and gear technology research, including
the development and use of selective environmentally safe and cost-effective fishing
gear; and the coordination and facilitation of such research;
d. Conduct scientific reviews and assessments by the year 1998 or as soon as possible
thereafter, regarding progress toward the year 2001 objective of achieving a per-stock,
per-year cap of 0.1 percent Nmin, and make appropriate recommendations to their
governments concerning these reviews and assessments, as well as additional
assessments in the year 2001 consistent with this Agreement;
e. Ensure the regular and timely full exchange of data among the Parties and the
NATSACs on catch of tuna and associated species and bycatch, including dolphin
mortality data, for the purposes of developing conservation and management
recommendations to their governments as well as recommendations for enforcement
and scientific research while not violating the confidentiality of business confidential
data;
f. Consult with other experts as necessary for the purpose of gathering as much
information as possible that might be useful for achieving the objectives of this
Agreement; and
g. Perform such other functions as their respective governments might assign to them.
2. Reports of the NATSACs, including of their cooperative meetings, shall be made available
to the Parties and the public, in a manner consistent with any applicable confidentiality
requirements.
3. The Director may convene, in addition to the meetings pursuant to Article XI, paragraph 3,
meetings with the purpose of facilitating consultation among the NATSACs.
4. The functions of the meetings of the NATSACs shall be to:
a. Exchange information;
b. Review IATTC research to achieve the objectives of this Agreement; and
c. Make recommendations to the Director concerning the future research program to
achieve the objectives of this Agreement.
5. The NATSAC members from any Party who attend the meeting shall be designated by that
Party.
Annex VII
INTERNATIONAL REVIEW PANEL
1. In compliance with Article XII of this Agreement, the International Review Panel (IRP)
shall have the following functions:
a. Each year compile a list of the vessels that qualify for DMLs as agreed in Annex IV;
b. Analyze the reports submitted to the IRP, regarding all tuna-fishing trips made by
vessels covered by this Agreement;
c. Identify possible infractions, based on the list of possible infractions approved by the
Meeting of the Parties;
d. Inform each Party, through the Director, of possible infractions committed by vessels
flying its flag or operating under its jurisdiction, and receive from that Party information
on the actions taken;
e. Maintain an updated report on the actions taken by the Parties to provide adequate
training for fishing captains, and maintain a list of those fishing captains determined to
be complying with established performance requirements, based on the information
provided by each of the Parties;
f. Recommend to the Meeting of the Parties pertinent measures for achieving the
objectives of this Agreement, in particular those related to the use of gear, equipment
and fishing techniques, considering improvements in technologies, as well as the
adoption of appropriate incentives for captains and crews to meet the objectives of this
Agreement;
g. Prepare and provide the Meeting of the Parties an annual report on those aspects of the
operation of the fleet relating to the implementation of this Agreement, including a
summary of possible infractions identified and the actions taken by the Parties;
h. Recommend to the Parties ways to progressively reduce dolphin mortality incidental at
the fishery in the Agreement Area; and
i. Perform other functions as assigned by the Meeting of the Parties.
2. The IRP shall be made up of representatives of the Parties ("governmental members"), three
representatives of non-governmental environmental organizations with recognized
experience in matters pertaining to this Agreement and with offices in the territory of a
Party, and three representatives from the tuna industry that operates under the jurisdiction
of any of the Parties in the Agreement Area ("non-governmental members").
3. The non-governmental members shall have a two-year term of membership, starting at the
first meeting of the IRP immediately after their election.
4. The non-governmental members will be elected in accordance with the following
procedure:
a. Prior to the expiration of the term of a non-governmental member, the relevant non-
governmental organizations may present candidates' nominations 60 days before the
expiration of the term to the Director. A curriculum vitae should accompany each
nomination. The current non-governmental members may be nominated for additional
periods.
b. Once the nominations are received, the Director shall transmit them in writing to the
Parties within 10 days. The Parties should send their votes to the Director within 20
days of the transmittal of the nominations by the Director. In this election, the three
nominees from each non-governmental sector who receive the most votes shall be
elected; the nominee who receives the fourth largest number of votes shall be designated
the alternate member. In the case of a tie, the Director should solicit a new vote from
the Parties to determine the member and the alternate.
c. If a non-governmental position becomes permanently vacant, because of death,
resignation, or failure to participate in three consecutive meetings of the IRP, the
alternate shall fill the position for the remainder of that position's term. The candidate
who received the fifth largest number of votes in the elections referred to in paragraphs
(a) and (b) shall be designated the alternate member. If additional vacancies occur, the
Director shall inform the relevant non-governmental organizations so that new
candidates may be submitted for an election process consistent with that described in
paragraphs (a) and (b).
d. Each alternate may attend the meetings of the IRP, but shall have no speaking rights if
all the members of his/her respective sector are present.
5. The IRP shall hold at least three meetings a year, one of which will preferably be held on
the occasion of the ordinary Meeting of the Parties.
6. The IRP may convene additional meetings at the request of at least two of the Parties,
provided that a majority of the Parties support the request.
7. The IRP meetings shall be chaired by a Presider elected by the governmental members at
the beginning of each meeting, who shall decide on matters of order. Any member shall
have the right to ask that any decision made by the Presider be decided as specified in
Paragraph 9 of this Annex.
8. The meetings shall be in Spanish and English, and IRP documents shall also be produced in
both languages.
9. The decisions at the meetings of the IRP shall be adopted by consensus among the
governmental members.
10. The following criteria shall be applied to attendance at IRP meetings:
a. There shall be no restrictions on the number of persons a Party can include in its
delegation to an IRP meeting.
b. Any IATTC member or Signatory to this Agreement may be represented by an observer.
c. Any State not a member of the IATTC and any State or regional economic integration
organization not a signatory to this Agreement may be represented by an observer, with
prior notification to IRP governmental members, unless any governmental member of
the IRP objects in writing.
d. The Director may invite representatives of intergovernmental organizations as
observers, with prior notification to IRP members, unless any governmental member of
the IRP objects in writing.
e. In any cases referred to in (c) and (d) above, the Director shall not disclose the identity
of the objecting Party.
f. Each observer is limited to two delegates. but may bring more with the approval of two-
thirds of the governmental members of the IRP.
3
11. In cases of urgency, and without prejudice to the provisions of paragraph 9 of this Annex,
the IRP may take decisions by correspondence through a vote of the governmental
members, under the following procedures:
a. The proposal shall be circulated to all members of the IRP, in writing, with all pertinent
documentation, at least fourteen days before the proposed effective date of the
resolution, action, or measure; the votes shall be transmitted to the Director no less than
seven days before the proposed effective date;
b. The proposal shall be considered urgent unless a simple majority of the governmental
members objects in writing; the proposal shall be accepted unless any governmental
member objects in writing; and
c. The Director shall circulate the proposal as well as the accompanying documentation,
receive and count the votes, and inform the IRP members of the results of a vote as soon
as the voting closes.
12. The Director will carry out the functions of the Secretary, which shall include:
a. Assisting in the convening and organization of IRP meetings;
b. Presenting information required by the IRP for carrying out its functions and
responsibilities, including observer IRP forms and field data forms providing
information on the activities of the vessels, dolphin mortality, and the presence,
condition, and use of the dolphin safety equipment and gear;
c. Preparing minutes of all meetings and draft special reports and documents dealing with
the activities of the IRP;
d. Providing to each Party, for its consideration, recommendations and information
concerning possible infractions identified by the IRP for vessels under its jurisdiction;
e. Distributing to the IRP information received from Parties on the actions taken on
possible infractions identified by the IRP;
f. Publishing the Annual Report of the IRP and making it available to the public, in
accordance with the instructions given by the Meeting of the Parties;
g. Presenting to the members of the IRP information received from the Parties referred to
in Paragraph 1(e) of this Annex; and
h. Carrying out other tasks necessary for the accomplishment of the IRP's functions, as
assigned by the Parties.
13. The rules of procedure of the IRP may be modified by the Meeting of the Parties.
Modifications may be recommended by the IRP.
14. The members of the IRP and any other participants invited to attend IRP meetings as
observers shall treat all the information presented at such meetings in accordance with the
provisions of confidentiality set forth in Article XVIII of this Agreement.
Annex VIII
OPERATIONAL REQUIREMENTS FOR VESSELS
1. For the purposes of this Annex:
a. "Strip" means a section of net that is approximately 6 fathoms deep.
b. "Backdown" means the procedure for releasing captured dolphins by shifting the
vessel's engine(s) into reverse during net retrieval, causing the net remaining in the water
to form a channel, and the corkline at the apex of the channel to submerge.
c. "Bunch" means a length of corkline gathered together.
d. "Sack-up" means that part of the fishing process when the catch is concentrated near the
surface for loading aboard the vessel.
2. Dolphin Safety Gear and Equipment Requirements
A vessel with a carrying capacity of more than 363 metric tons (400 short tons) operating in
the Agreement Area shall:
a. Have a purse seine equipped with a dolphin safety panel (DSP) with the following
characteristics:
i. A minimum length of 180 fathoms (as measured before installation), except that the
minimum length of the DSP in nets deeper than 18 strips must be determined in a
ratio of 10 fathoms in length for each strip of net depth. The DSP must be installed
so as to cover the backdown channel along the corkline, beginning at the outboard
end of the last bow bunch pulled and continuing to at least two-thirds the distance
from the apex of the backdown channel to the point where the net is secured at the
stern. The DSP shall consist of small-mesh webbing not to exceed 1 '/4 inches (3.2
cm) stretched mesh, extending downward from the corkline to a minimum depth of
two strips.
ii. Each end shall be identified with a highly visible marker.
iii. Any space between the corks or the corkline and the small mesh shall not exceed 1
3/8 inches (3.5 cm) in diameter.
b. Have at least three operable speedboats. All operable speedboats shall be equipped with
towing bridles or posts, and tow lines;
c. Have an operable raft suitable for the observation and rescue of dolphins;
d. Have at least two operable facemasks suitable for underwater observation; and
e. Have an operable long-range floodlight with a minimum output of 140,000 lumens.
3. Dolphin Protection and Release Requirements and Prohibitions
A vessel with a carrying capacity of more than 363 metric tons (400 short tons) operating
in the Agreement Area shall:
a. Perform backdown during every set in which dolphins are captured, until it is no longer
possible to remove live dolphins from the net by this procedure. At least one crewman
shall be deployed during backdown to aid in the release of dolphins;
b. Continue efforts to release any live dolphins remaining in the net after backdown, so
that all live dolphins are released prior to the initiation of the sack-up procedure;
c. Not sack-up or brail live dolphins;
2
d. Avoid injuring or killing dolphins captured in the course of fishing operations;
e. Complete backdown no later than thirty minutes after sunset, as determined by an
accurate and reliable source approved by the Parties. A set that does not meet this
requirement is termed a "night set";
f. Not use any type of explosive during any phase of a fishing operation involving
dolphins (underwater flares are not considered to be explosives);
g. Cease setting on dolphins when its DML has been reached;
h. Not intentionally set on dolphins if the vessel does not have a DML; and
i. Perform a periodic net alignment to ensure the proper location of the dolphin safety
panel during the backdown procedure, based on criteria established by the IRP.
It is emphasized that the above requirements should not lead to crewmen being placed in
situations that present unnecessary risks to their personal safety.
4. Exceptions
a. A vessel without a DML is exempt from the requirements of Paragraph 2 of this Annex
and from the obligation of carrying out the backdown maneuver mentioned in Paragraph
3 of this Annex unless the Party with jurisdiction over that vessel determines otherwise.
b. Any such vessel that captures dolphins accidentally shall attempt to release the
dolphins, using every means at its disposal, including aborting the set, and taking into
consideration the requirements set forth in paragraph 3 of this Annex.
5. Treatment of Observers
Captains, crew, and other personnel shall comply with their responsibilities regarding the
presence of observers aboard their vessels, as specified in Annex II, paragraph 6.
6. Vessels under 363 metric tons (400 short tons)
No vessel with a carrying capacity of 363 metric tons (400 short tons) or less may
intentionally set on dolphins.
Annex IX
ELEMENTS OF A TUNA TRACKING AND VERIFICATION PROGRAM
1. Pursuant to Article V, paragraph 1(f), the Parties shall establish a program to track and
verify tuna harvested by vessels in the Agreement Area, based on the following elements:
a. the use of weight calculation for the purposes of tracking tuna caught, landed, processed
and exported;
b. additional measures to enhance current observer coverage, including the establishment
of criteria for training and for improving monitoring and reporting capabilities and
procedures;
c. the designation of well location, procedures for sealing holds, procedures for monitoring
and certifying both above and below deck, or through equally effective methods;
d. the reporting, receipt, and database storage of radio and facsimile transmittals from
vessels containing information related to the tracking and verification of such tuna;
e. the shore-based verification and tracking of such tuna throughout the fishing,
transshipment, and canning process by means of On-board Observer Program trip
records;
f. the use of periodic audits and spot checks for caught, landed, and processed tuna
products; and
g. the provision of timely access to relevant data.
2. Each Party shall implement this program in its respective territory, on vessels subject to its
jurisdiction and in marine areas with respect to which it exercises sovereignty or sovereign
rights and jurisdiction.
Annex X
GUIDELINES AND CRITERIA FOR THE PARTICIPATION OF OBSERVERS AT MEETINGS OF THE
PARTIES1.
The Director shall invite to Meetings of the Parties convened pursuant to Article VIII
intergovernmental organizations whose work is relevant to the implementation of this
Agreement, as well as non-Parties whose participation may promote implementation of this
Agreement.
2. Non-governmental organizations (NGOs) with recognized experience in matters pertaining
to this Agreement shall be eligible to participate as observers in all Meetings of the Parties
convened pursuant to Article VIII except meetings held in executive session or meetings of
Heads of Delegation.
3.Any NGO desiring to participate as an observer in a Meeting of the Parties shall notify the
Director of its desire to participate at least 50 days in advance of the Meeting. The
Director shall notify the Parties of the names of such NGOs at least 45 days prior to the
beginning of the Meeting.
4. If a Meeting of the Parties is held with less than 50 days notice, the Director shall have
greater flexibility concerning the timing of the sending of the invitations.
5. An NGO desiring to participate as an observer may do so unless a majority of the Parties
formally objects for cause in writing at least 30 days prior to the beginning of the meeting
in question.
6. Any participating observer may:
a. attend meetings, subject to paragraph 2 of this Annex, but not vote;
b. make oral statements during the meetings upon the invitation of the chairman;
c. distribute documents at the meeting, with the approval of the chairman; and
d. engage in other activities, as appropriate and as approved by the chairman.
7. The Director may require NGO observers to pay reasonable fees, and to cover costs
attributable to their attendance (e.g. copying expenses).
8. All observers admitted to a Meeting of the Parties shall be sent or otherwise provided the
same documentation generally available to Parties, except documentation containing
business-confidential data.
9. All observers admitted to a Meeting of the Parties shall comply with all rules and
procedures applicable to other participants in the meeting.
I CERTIFY THAT the foregoing is a true copy of the
Agreement On the International Dolphin Conservation Program
opened for signature at Washington on May 21, 1998, in the
English and Spanish languages, both texts being equally
authentic, the signed original of which is deposited in the
archives of the Government of the United States of America.
IN TESTIMONY WHEREOF, I, MADELEINE K. ALBRIGHT,
Secretary of State of the United States of America, have
hereunto caused the seal of the Department of State to be
affixed and my name subscribed by the Assistant
Authentication Officer of the said Department, at the city
of Washington, in the District of Columbia, this twenty-
first day of May, 1998.
Secretary of State

Assistant Authentication Officer
Department of State



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