International Convention for the Conservation of Atlantic Tunas (14 May 1966)

International Convention for the Conservation of Atlantic Tunas (14 May 1966) in United States

International Convention for the Conservation of Atlantic Tunas (14 May 1966)

INTERNATIONAL CONVENTION
FOR THE CONSERVATION OF ATLANTIC TUNAS
(14 May 1966)

Entry into Force: 21 Mar 1969

Preamble

The Governments whose duly authorized representatives have subscribed
hereto, considering their mutual interest in the populations of tuna and
tuna-like fishes found in the Atlantic Ocean, and desiring to co-operate
in maintaining the populations of these fishes at levels which will
permit the maximum sustainable catch for food and other purposes, resolve
to conclude a Convention for the conservation of the resources of tuna
and tuna-like fishes of the Atlantic Ocean, and to that end agree as
follows:

Article I

The area to which this Convention shall apply, hereinafter referred to as
the “Convention area”, shall be all waters of the Atlantic Ocean,
including the adjacent Seas.

Article II

Nothing in this Convention shall be considered as affecting the rights,
claims or views of any Contracting Party in regard to the limits of
territorial waters or the extent of jurisdiction over fisheries under
international law.

Article III

1. The Contracting Parties hereby agree to establish and maintain a
Commission to be known as the International Commission for the
Conservation of Atlantic Tunas, hereinafter referred to as “the
Commission”, which shall carry out the objectives set forth in this
Convention.

2. Each of the Contracting Parties shall be represented on the Commission
by not more than three Delegates. Such Delegates may be assisted by
experts and advisors.

3. Except as may otherwise be provided in this Convention, decisions of
the Commission shall be taken by a majority of the Contracting Parties,
each Contracting Party having one vote. Two-thirds of the Contracting
Parties shall constitute a quorum.

4. The Commission shall hold a regular meeting once every two years. A
special meeting may be called at any time at the request of a majority of
the Contracting Parties or by decision of the Council as constituted in
Article V.

5. At its first meeting, and thereafter at each regular meeting, the
Commission shall elect from among its Members a Chairman, a first Vice-
Chairman and a second Vice-Chairman who shall not be re-elected for more
than one term.

6. The meetings of the Commission and its subsidiary bodies shall be
public unless the Commission otherwise decides.

7. The official languages of the Commission shall be English, French and
Spanish.

8. The Commission shall have authority to adopt such rules of procedure
and financial regulations as are necessary to carry out its functions.

9. The Commission shall submit a report to the Contracting Parties every
two years on its work and findings and shall also inform any Contracting
Party, whenever requested, on any matter relating to the objectives of
the Convention.

Article IV

1. In order to carry out the objectives of this Convention the Commission
shall be responsible for the study of the populations of tuna and
tuna-like fishes (the Scombriformes with the exception of the families
Trichiuridae and Gempylidae and the genus Scomber) and such other species
of fishes exploited in tuna fishing in the Convention area as are not
under investigation by another international fishery organization. Such
study shall include research on the abundance, biometry and ecology of
the fishes; the oceanography of their environment; and the effects of
natural and human factors upon their abundance. The Commission, in
carrying out these responsibilities shall, insofar as feasible, utilise
the technical and scientific services of, and information from, official
agencies of the Contracting Parties and their political subdivisions and
may, when desirable, utilise the available services and information of
any public or private institution, organization or individual, and may
undertake within the limits of its budget independent research to
supplement the research work being done by governments, national
institutions or other international organizations.

2. The carrying out of the provisions in paragraph 1 of this Article
shall include:

(a) collecting and analysing statistical information relating to the
current conditions and trends of the tuna fishery resources of the
Convention area;

(b) studying and appraising information concerning measures and methods
to ensure maintenance of the populations of tuna and tuna-like
fishes in the Convention area at levels which will permit the
maximum sustainable catch and which will ensure the effective
exploitation of these fishes in a manner consistent with this
catch;

(c) recommending studies and investigations to the Contracting Parties;

(d) publishing and otherwise disseminating reports of its findings and
statistical, biological and other scientific information relative
to the tuna fisheries of the Convention area.

Article V

1. There is established within the Commission a Council which shall
consist of the Chairman and the Vice-Chairmen of the Commission together
with the representatives of not less than four and not more than eight
Contracting Parties. The Contracting Parties represented on the Council
shall be elected at each regular meeting of the Commission. However, if
at any time the number of the Contracting Parties exceeds forty, the
Commission may elect an additional two Contracting Parties to be
represented on the Council. The Contracting Parties of which the Chairman
and Vice-Chairmen are nationals shall not be elected to the Council. In
elections to the Council the Commission shall give due consideration to
the geographic, tuna fishing and tuna processing interests of the
Contracting Parties, as well as to the equal right of the Contracting
Parties to be represented on the Council.

2. The Council shall perform such functions as are assigned to it by this
Convention or are designated by the Commission, and shall meet at least
once in the interim between regular meetings of the Commission. Between
meetings of the Commission the Council shall make necessary decisions on
the duties to be carried out by the staff and shall issue necessary
instructions to the Executive Secretary. Decisions of the Council shall
be made in accordance with rules to be established by the Commission.

Article VI

To carry out the objectives of this Convention the Commission may
establish Panels on the basis of species, group of species, or of
geographic areas. Each Panel in such case:

(a) shall be responsible for keeping under review the species, group of
species, or geographic area under its purview, and for collecting
scientific and other information relating thereto;

(b) may propose to the Commission, upon the basis of scientific
investigations, recommendations for joint action by the Contracting
Parties;

(c) may recommend to the Commission studies and investigations
necessary for obtaining information relating to its species, group
of species, or geographic area, as well as the co-ordination of
programmes of investigation by the Contracting Parties.

Article VII

The Commission shall appoint an Executive Secretary who shall serve at
the pleasure of the Commission. The Executive Secretary, subject to such
rules and procedures as may be determined by the Commission, shall have
authority with respect to the selection and administration of the staff
of the Commission. He shall also perform, inter alia, the following
functions as the Commission may prescribe:

(a) co-ordinating the programmes of investigation by the Contracting
Parties;

(b) preparing budget estimates for review by the Commission;

(c) authorising the disbursement of funds in accordance with the
Commission’s budget;

(d) accounting for the funds of the Commission;

(e) arranging for co-operation with the organizations referred to in
Article XI of this Convention;

(f) preparing the collection and analysis of data necessary to
accomplish the purposes of the Convention particularly those data
relating to the current and maximum sustainable catch of tuna
stocks;

(g) preparing for approval by the Commission scientific, administrative
and other reports of the Commission and its subsidiary bodies.

Article VIII

1. (a) The Commission may, on the basis of scientific evidence, make
recommendations designed to maintain the populations of tuna and
tuna-like fishes that may be taken in the Convention area at levels which
will permit the maximum sustainable catch. These recommendations shall be
applicable to the Contracting Parties under the conditions laid down in
paragraphs 2 and 3 of this Article.

(b) The recommendations referred to above shall be made:

(i) at the initiative of the Commission if an appropriate Panel has
not been established or with the approval of at least two-thirds
of all the Contracting Parties if an appropriate Panel has been
established;
(ii) on the proposal of an appropriate Panel if such a Panel has been
established;
(iii) on the proposal of the appropriate Panels if the recommendation
in question relates to more than one geographic area, species or
group of species.

2. Each recommendation made under paragraph 1 of this Article shall
become effective for all Contracting Parties six months after the date of
the notification from the Commission transmitting the recommendation to
the Contracting Parties, except as provided in paragraph 3 of this
Article.

3. (a) If any Contracting Party in the case of a recommendation made
under paragraph 1 (b) (i) above, or any Contracting Party member of a
Panel concerned in the case of a recommendation made under paragraph 1
(b) (ii) or (iii) above, presents to the Commission an objection to such
recommendation within the six months period provided for in paragraph 2
above the recommendation shall not become effective for an additional,
sixty days.

(b) Thereupon any other Contracting Party may present an objection
prior to the expiration of the additional sixty days period, or within
forty-five days of the date of the notification of an objection made by
another Contracting Party within such additional sixty days, whichever
date shall be the later.

(c) The recommendation shall become effective at the end of the
extended period or periods for objection, except for those Contracting
Parties that have presented an objection.

(d) However, if a recommendation has met with an objection presented by
only one or less than one-fourth of the Contracting, Parties, in
accordance with subparagraphs (a) and (b) above, the Commission shall
immediately notify the Contracting Party or Parties having presented such
objection that it is to be considered as having no effect.

(e) In the case referred to in subparagraph (d) above the Contracting
Party or Parties concerned shall have an additional period of sixty days
from the date of said notification in which to reaffirm their objection.
On the expiry of this period the recommendation shall become effective,
except with respect to any Contracting Party having presented an
objection and reaffirmed it within the delay provided for.

(f) If a recommendation has met with objection from more than one-
fourth but less than the majority of the Contracting Parties, in
accordance with subparagraphs (a) and (b) above, the recommendation shall
become effective for the Contracting Parties that have not presented an
objection thereto.

(g) If objections have been presented by a majority of the Contracting
Parties the recommendation shall not become effective.

4. Any Contracting Party objecting to a recommendation may at any time
withdraw that objection, and the recommendation shall become effective
with respect to such Contracting Party immediately if the recommendation
is already in effect, or at such time as it may become effective under
the terms of this Article.

5. The Commission shall notify each Contracting Party immediately upon
receipt of each objection and of each withdrawal of an objection, and of
the entry into force of any recommendation.

Article IX

1. The Contracting Parties agree to take all action necessary to ensure
the enforcement of this Convention. Each Contracting Party shall transmit
to the Commission, biennially or at such other times as may be required
by the Commission, a statement of the action taken by it for these
purposes.

2. The Contracting Parties agree:

(a) to furnish, on the request of the Commission, any available
statistical, biological and other scientific information the
Commission may need for the purposes of this Convention;

(b) when their official agencies are unable to obtain and furnish
the said information, to allow the Commission, through the
Contracting Parties, to obtain it on a voluntary basis direct
from companies and individual fishermen.

3. The Contracting Parties undertake to collaborate with each other with
a view to the adoption of suitable effective measures to ensure the
application of the provisions of this Convention and in particular to set
up a system of international enforcement to be applied to the Convention
area except the territorial sea and other waters, if any, in which a
State is entitled under international law to exercise jurisdiction over
fisheries.

Article X

1. The Commission shall adopt a budget for the joint expenses of the
Commission for the biennium following each regular meeting.

2. Each Contracting Party shall contribute annually to the budget of the
Commission an amount equal to:

(a) U.S. $ 1,000 (one thousand United States dollars) for Commission
membership.
(b) U.S. $ 1,000 (one thousand United States dollars) for each Panel
membership.
(c) If the proposed budget for joint expenses for any biennium
should exceed the whole amount of contributions to be made by
the Contracting Parties under (a) and (b) of this paragraph,
one-third of the amount of such excess shall be contributed by
the Contracting Parties in proportion to their contributions
made under (a) and (b) of this paragraph. For the remaining
two-thirds the Commission shall determine on the basis of the
latest available information:

(i) the total of the round weight of catch of Atlantic tuna and
tuna-like fishes and the net weight of canned products of such
fishes for each Contracting Party;
(ii) the total of (i) for all Contracting Parties.

Each Contracting Party shall contribute its share of the remaining
two-thirds in the same ratio that its total in (i) bears to the total in
(ii). That part of the budget referred to in this subparagraph shall be
set by agreement of all the Contracting Parties present and voting.

3. The Council shall review the second half of the biennial budget at its
regular meeting between Commission meetings and, on the basis of current
and anticipated developments, may authorise reapportionment of amounts in
the Commission budget for the second year within the total budget
approved by the Commission.

4. The Executive Secretary of the Commission shall notify each
Contracting Party of its yearly assessment. The contributions shall be
payable on January first of the year for which the assessment was levied.
Contributions not received before January first of the succeeding year
shall be considered as in arrears.

5. Contributions to the biennial budget shall be payable in such
currencies as the Commission may decide.

6. At its first meeting the Commission shall approve a budget for the
balance of the first year the Commission functions and for the following
biennium. It shall immediately transmit to the Contracting Parties copies
of these budgets together with notices of the respective assessments for
the first annual contribution.

7. Thereafter, within a period not less than sixty days before the
regular meeting of the Commission which precedes the biennium, the
Executive Secretary shall submit to each Contracting Party a draft
biennial budget together with a schedule of proposed assessments.

8. The Commission may suspend the voting rights of any Contracting Party
when its arrears of contributions equal or exceed the amount due from it
for the two preceding years.

9. The Commission shall establish a Working Capital Fund to finance
operations of the Commission prior to receiving annual contributions, and
for such other purposes as the Commission may determine. The Commission
shall determine the level of the Fund, assess advances necessary for its
establishment, and adopt regulations governing the use of the Fund.

10. The Commission shall arrange an annual independent audit of the
Commission’s accounts. The reports of such audits shall be reviewed and
approved by the Commission, or by the Council in years when there is no
regular Commission meeting.

11. The Commission may accept contributions, other than provided for in
paragraph 2 of this Article, for the prosecution of its work.

Article XI

1. The Contracting Parties agree that there should be a working
relationship between the Commission and the Food and Agriculture
Organization of the United Nations. To this end the Commission shall
enter into negotiations with the Food and Agriculture Organization of the
United Nations with a view to concluding an agreement pursuant to Article
XIII of the Organization’s Constitution. Such agreement should provide,
inter alia, for the Director-General of the Food and Agriculture
Organization of the United Nations to appoint a Representative who would
participate in all meetings of the Commission and its subsidiary bodies,
but without the right to vote.

2. The Contracting Parties agree that there should be co-operation
between the Commission and other international fisheries commissions and
scientific organizations which might contribute to the work of the
Commission. The Commission may enter into agreements with such
commissions and organizations .

3. The Commission may invite any appropriate international organization
and any Government which is a Member of the United Nations or of any
Specialized Agency of the United Nations and which is not a member of the
Commission, to send observers to meetings of the Commission and its
subsidiary bodies.

Article XII

1. This Convention shall remain in force for ten years and thereafter
until a majority of Contracting Parties agree to terminate it.

2. At any time after ten years from the date of entry into force of this
Convention, any Contracting Party may withdraw from the Convention on
December thirty-first of any year including the tenth year by written
notification of withdrawal given on or before December thirty-first of
the preceding year to the Director-General of the Food and Agriculture
Organization of the United Nations.

3. Any other Contracting Party may thereupon withdraw from this
Convention with effect from the same December thirty-first by giving
written notification of withdrawal to the Director-General of the Food
and Agriculture Organization of the United Nations not later than one
month from the date of receipt of information from the Director-General
of the Food and Agriculture Organization of the United Nations concerning
any withdrawal, but not later than April first of that year.

Article XIII

1. Any Contracting Party or the Commission may propose amendments to this
Convention. The Director-General of the Food and Agriculture Organization
of the United Nations shall transmit a certified copy of the text of any
proposed amendment to all the Contracting Parties. Any amendment not
involving new obligations shall take effect for all Contracting Parties
on the thirtieth day after its acceptance by three-fourths of the
Contracting Parties. Any amendment involving new obligations shall take
effect for each Contracting Party accepting the amendment on the
ninetieth day after its acceptance by three-fourths of the Contracting
Parties and thereafter for each remaining Contracting Party upon
acceptance by it. Any amendment considered by one or more Contracting
Parties to involve new obligations shall be deemed to involve new
obligations and shall take effect accordingly. A government which becomes
a Contracting Party after an amendment to this Convention has been opened
for acceptance pursuant to the provisions of this Article shall be bound
by the Convention as amended when the said amendment comes into force.

2. Proposed amendments shall be deposited with the Director-General of
the Food and Agriculture Organization of the United Nations.
Notifications of acceptance of amendments shall be deposited with the
Director-General of the Food and Agriculture Organization of the United
Nations.

Article XIV

1. This Convention shall be open for signature by any Government which is
a Member of the United Nations or of any Specialized Agency of the United
Nations. Any such Government which does not sign this Convention may
adhere to it at any time.

2. This Convention shall be subject to ratification or approval by
signatory countries in accordance with their constitutions. Instruments
of ratification, approval, or adherence shall be deposited with the
Director-General of the Food and Agriculture Organization of the United
Nations.

3. This Convention shall enter into force upon the deposit of instruments
of ratification, approval, or adherence by seven Governments and shall
enter into force with respect to each Government which subsequently
deposits an instrument of ratification, approval or adherence on the date
of such deposit.

Article XV

The Director-General of the Food and Agriculture Organization of the
United Nations shall inform all Governments referred to in paragraph 1 of
Article XIV of deposits of instruments of ratification, approval or
adherence, the entry into force of this Convention, proposals for
amendments, notifications of acceptance of amendments, entry into force
of amendments, and notifications of withdrawal.

Article XVI

The original of this Convention shall be deposited with the Director-
General of the Food and Agriculture Organization of the United Nations
who shall send certified copies to the Governments referred to in
paragraph 1 of Article XIV.

IN WITNESS WHEREOF the representatives duly authorized by their
respective Governments have signed the present Convention. Done at Rio de
Janeiro this fourteenth day of May 1966 in a single copy in the English,
French and Spanish languages, each version being equally authoritative.


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