Convention for the Establishment of an Inter-American Tuna Commission in United States

Convention for the Establishment of an Inter-American Tuna Commission

Washington, 31 May 1949

The United States of America and the Republic of Costa Rica
considering their mutual interest in maintaining the populations of
yellowfin and skipjack tuna and of other kinds of fish taken by tuna
fishing vessels in the eastern Pacific Ocean which by reason of
continued use have come to be of common concern and desiring to co-
operate in the gathering and interpretation of factual information to
facilitate maintaining the populations of these fishes at a level which
will permit maximum sustained catches year after year, have agreed to
conclude a Convention for these purposes and to that end have named as
their Plenipotentiaries:

who, having communicated to each other their full powers, found to be
in good and due form, have agreed as follows:

Article I

1. The High Contracting Parties agree to establish and operate a joint
Commission, to be known as the Inter-American Tropical Tuna Commission,
hereinafter referred to as the Commission, which shall carry out the
objectives of this Convention. The Commission shall be composed of
national sections, each consisting of from one to four members,
appointed by the Governments of the respective High Contracting
Parties.

2. The Commission shall submit annually to the Government of each High
Contracting Party a report on its investigations and findings, with
appropriate recommendations, and shall also inform such Governments,
whenever it is deemed advisable, on any matter relating to the
objectives of this Convention.

3. Each High Contracting Party shall determine and pay the expenses
incurred by its section. Joint expenses incurred by the Commission
shall be paid by the High Contracting Parties through contributions in
the form and proportion recommended by the Commission and approved by
the High Contracting Parties. The proportion of joint expenses to be
paid by each High Contracting Party shall be related to the proportion
of the total catch from the fisheries covered by this Convention
utilized by that High Contracting Party.

4. Both the general annual program of activities and the budget of
joint expenses shall be recommended by the Commission and submitted for
approval to the High Contracting Parties.

5. The Commission shall decide on the most convenient place or places
for its headquarters.

6. The Commission shall meet at least once each year, and at such other
times as may be requested by a national section. The date and place of
first meeting shall be determined by agreement between the High
Contracting Parties.

7. At its first meeting the Commission shall select a chairman and a
secretary from different national sections. The chairman and the
secretary shall hold office for a period of one year. During succeeding
years, selection of the chairman and the secretary from the national
section shall be in such a manner that the chairman and the secretary
will be of different nationalities, and as well provide each High
Contracting Party in turn, with an opportunity to be represented in
those offices.

8. Each national section shall have one vote. Decisions, resolutions,
recommendations, and publications of the Commission shall be made only
by a unanimous vote.

9. The Commission shall be entitled to adopt and to amend subsequently,
as occasion may require, by-laws or rules for the conduct of its
meetings.

10. The Commission shall be entitled to employ necessary personnel for
the performance of its functions and duties.

11. Each High Contracting Party shall be entitled to establish an
Advisory Committee for its section, to be composed of persons who shall
be well informed concerning tuna fishery problems of common concern.
Each such Advisory Committee shall be invited to attend the non-
executive sessions of the Commission.

12. The Commission may hold public hearings. Each national section also
may hold public hearings within its own country

13. The Commission shall designate a Director of Investigations who
shall be technically competent and who shall be responsible to the
Commission and may be freely removed by it. Subject to the instruction
of the Commission and with its approval, the Director of Investigations
shall have charge of:

a) the drafting of programs of investigations, and the preparation of
budget estimates for the Commission;

b) authorizing the disbursement of the funds for the joint expenses of
the Commission;

c) the accounting of the funds for the joint expenses of the
Commission;

d) the appointment and immediate direction of technical and other
personnel required for the functions of the Commission;

e) arrangements for the co-operation with other organizations or
individuals in accordance with paragraph 16 of this Article;

f) the co-ordination of the work of the Commission with that of
organizations and individuals whose co-operation has been arranged for;

g) the drafting of administrative, scientific and other reports for the
Commission;

h) the performance of such other duties as the Commission may require.

14. The official languages of the Commission shall be English and
Spanish, and members of the Commission may use either languages during
meetings. When requested, translation shall be made to the other
language. The minutes, official documents, and publications of the
Commission shall be in both languages, but official correspondence of
the Commission may be written, at the discretion of the secretary, in
either language.

15. Each national section shall be entitled to obtain certified copies
of any documents pertaining to the Commission except that the Comission
will adopt and may amend subsequently rules to ensure the confidential
character of records of statistics of individual catches and individual
company operations.

16. In the performance of its duties and functions the Commission may
request the technical and scientific services of, and information from,
official agencies of the High Contracting Parties, and any
international, public, or private institution or organization, or any
private individual.

Article II

The Commission shall perform the following functions and duties:

1. Make investigations concerning the abundance, biology, biometry, and
ecology of yellowfin (Neothunnus) and skipjack (Kaisuwonus) tuna in the
waters of the eastern Pacific Ocean fished by the nationals of the High
Contracting Parties, and the kinds of fishes commonly used as bait in
the tuna fisheries, especially the anchovetta, and of other kinds of
fish taken by tuna fishing vessels; and the effects of natural factors
and human activities on the abundance of the populations of fishes
supporting all these fisheries.

2. Collect and analyze information relating to current and past
conditions and trends of the populations of fishes covered by this
Convention.

3. Study and appraise information concerning methods and procedures for
maintaining and increasing the populations of fishes covered by this
Convention.

4. Conduct such fishing and other activities, on the high seas and in
waters which are under the jurisdiction of the High Contracting
Parties, as may be necessary to attain the end referred to in sub-
paragraphs 1, 2, and 3 of this Article.

5. Recommend from time to time, on the basis of scientific
investigations, proposals for joint action by the High Contracting
Parties designed to keep the populations of fishes covered by this
Convention at those levels of abundance which will permit the maximum
sustained catch.

6. Collect statistics and all kinds of reports concerning catches and
the operations of fishing boats, and other information concerning the
fishing for fishes covered by this Convention, from vessels or persons
engaged in these fisheries.

7. Publish or otherwise disseminate reports relative to the results of
its findings and such other reports as fall within the scope of this
Convention, as well as scientific, statistical, and other data relating
to the fisheries maintained by the nationals of the High Contracting
Parties for the fishes covered by this Convention.

Article III

The High Contracting Parties agree to enact such legislation as may
be necessary to carry out the purposes of this Convention.

Article IV

Nothing in this Convention shall be construed to modify any existing
treaty or convention with regard to the fisheries of the eastern
Pacific Ocean previously concluded by a High Contracting Party, nor to
preclude a High Contracting Party from entering into treaties or
conventions with other States regarding these fisheries, the terms of
which are not incompatible with the present Convention.

Article V

1. The present Convention shall be ratified and the instruments of
ratification shall be exchanged at Washington as soon as possible.

2. The present Convention shall enter into force on the date of
exchange of ratifications.

3. Any government, whose nationals participate in the fisheries covered
by this Convention, desiring to adhere to the present Convention, shall
address a communication to that effect to each of the High Contracting
Parties. Upon receiving the unanimous consent of the High Contracting
Parties to adherence, such government shall deposit with the Government
of the United States of America an instrument of adherence which shall
stipulate the effective date thereof. The Government of the United
States of America shall furnish a certified copy of the Convention to
each government desiring to adhere thereto. Each adhering government
shall have all the rights and obligations under the Convention as if
it had been an original signatory thereof.

4. At any time after the expiration of ten years from the date of entry
into force of this Convention any High Contracting Party may give
notice of its intention of denouncing the Convention. Such notification
shall become effective with respect to such notifying government one
year after its receipt by the Government of the United States of
America. After the expiration of the said one year period the
Convention shall be effective only with respect to the remaining High
Contracting Parties.

5. The Government of the United States of America shall inform the
other High Contracting Parties of all instruments of adherence and of
notifications of denunciation received.

In Witness Whereof the respective Plenipotentiaries have signed the
present Convention.

Done at Washington, in duplicate, in the English and Spanish
languages, both texts being equally authentic, this 31st day of May
1949.

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EXCHANGE OF NOTES

The Costa Rican Appointed Ambassador to the Secretary of State
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EMBASSY OF COSTA RICA
WASHINGTON
No. 1579 3 March 1950

Excellency,

I have the honor to refer to the Convention between the Republic of
Costa Rica and the United States of America for the Establishment of
an InterAmerican Tropical Tuna Commission, signed at Washington, D.
C., on 31 May 1949, which entered into force this day, and to inform
Your Excellency of the desire of my Government to place on record the
understanding of our two Governments with respect to the manner in
which certain provisions of that Convention shall be applied.
Accordingly, I take pleasure in informing you that, without prejudice
to the provisions and purposes of the Convention under reference, the
understanding of my Government in regard to this matter is that which
I set forth to you as follows.

With respect to Article I, paragraph 3, of the Convention, which
establishes the proportion of joint expenses to be paid by each High
Contracting Party, it is understood that “the proportion of the total
catch from the fisheries covered by this Convention utilized by that
High Contracting Party” shall be the part of the total catch which is
used for domestic consumption in the territory of that High
Contracting Party or is the object of commercial transactions the
financial benefits of which accrue entirely or in their major portion
to individuals or firms whose proprietors or stockholders are
domiciled in the territory of that High Contracting Party. With
respect to Article II, paragraph 4, of the Convention, it is understood
that the InterAmerican Tropical Tuna Commission is authorized to engage
in fishing and other activities for scientific research exclusively
and that no commercial ventures by the Commission are contemplated.

It is further understood that, notwithstanding the specific powers
conferred upon the Commission, nothing in the Convention shall be
interpreted as a relinquishment of or a limitation upon the
sovereignty of a High Contracting Party over waters under its
jurisdiction.

My Government also desires to state that it recognizes as the
authentic Spanish text of the Convention that contained in the
Convention as signed, but at the same time recognizes that certain of
its provisions might have been worded more clearly in the following
form:

Article I, paragraph 1.

“The High Contracting Parties agree to establish and maintain a Joint
Commission to be known as the Inter-American Tropical Tuna Commission.
which will hereinafter be called the Commission, which shall carry
into effect the objectives of this Convention. The Commission shall
be made up of national sections, each of which shall include from one
to four members appointed by the Governments of the respective High
Contracting Parties.” Article I. paragraph 3.

“Each of the High Contracting Parties shall determine and pay the
expenses incurred by its respective section. The joint expenses
incurred by the Commission shall be covered by the High Contracting
Parties through contributions in such form and proportion as the
Commission may recommend and the High Contracting Parties may approve.
The proportion of the joint expenses to be paid by each of the High
Contracting Parties shall be in relation to the proportion of the
total catch from the fisheries covered by this Convention utilized by
that High Contracting Party.”
Article I, paragraph 8.

“Each national section shall have the right to one vote. The
decisions, resolutions, recommendations and publications of the
Commission must be approved by a unanimous vote.”
Article IV.

“Nothing in the Convention shall be interpreted as changing any
existing treaty or convention relating to the fisheries of the Eastern
Pacific previously signed by one of the High Contracting Parties, nor
as preventing a High Contracting Party from entering into treaties or
conventions with other States relating to such fisheries, provided
their terms are not incompatible with this Convention.”

I avail myself of this opportunity to express to Your Excellency my
highest consideration.

Mario Echandi

His Excellency Dean Acheson
Secretary of State
Washington, D.C.

The Secretary of State to the Costa Rican Appointed Ambassador
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DEPARTMENT OF STATE
WASHINGTON
March 3, 1950

Excellency,

I have the honor to refer to your note No. 1579 of March 3, 1950
regarding the Convention between the United States of America and the
Republic of Costa Rica for the Establishment of an InterAmerican
Tropical Tuna Commission, signed at Washington May 31 1949, which
entered into force this day, and the desire of your Government to
place on record the understanding of our Governments with respect to
the manner in which certain provisions of that Convention shall be
applied. Accordingly, I take pleasure in informing you that, without
prejudice to the provisions or purposes of the Convention under
reference, my Government concurs in the understanding set forth in
your note as follows: (See note I, second, third and fourth paragraphs)

My Government has also taken note of your statement that certain
provisions of the Spanish text might have been more clearly expressed
but that your Government recognizes that the authentic Spanish text of
the Convention is that contained in the Convention as signed. Accept,
Excellency, the renewed assurances of my highest consideration.

Dean Acheson

His Excellency Senor Don Mario Echandi
Appointed Ambassador of Costa Rica