INTERNATIONAL CONVENTION FOR THE CONSERVATION OF ATLANTIC TUNAS
Rio de Janeiro, 14 May 1966
The Government 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 coservation 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 view 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, utilize 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-Chairman 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-Chairman 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
Commissions 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 Contracing 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 sub-paragraph
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 authorize
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 establsih 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 establsihment, and adopt
regulations governing the use of the Fund.
10. The Commission shall arrange an annual independent audit of
the Commissions 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 Commision
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 Organizations
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 Commissions 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. The 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.
Annex II
RESOLUTION ON THE COLLECTION OF STATISTICS ON THE ATLANTIC TUNA
FISHERIES
THE CONFERENCE
Taking note of documents FID: AT/66/4, Annex 6, and FID:
AT/66/1NF-5 relating to the collection and publication of
statistics on Atlantic tuna fisheries; and
Agreeing that it is essential that all countries fishing these
Atlantic tuna resources should collect adequate statistics on
catch and fishing effort and the necessary biological data, and
make available for publication the statistical and related
economic data with a view to enabling the International Commission
for the Conservation of Atlantic Tunas to fulfil its functions
adequately as soon as it is established;
Urges all countries to take steps without delay to create, where
they do not already exist, offices within their fisheries
administrations suitably staffed and having appropriate financial
and legislative support to undertake the collection and the
processing of the data to be used by the Commission; and
Suggests that all countries faced with the task of establishing
and operating such offices, give priority to requests for
assistance in this connection through the United Nations
Development Programme and through the regular programme of the
Food and Agriculture Organization of the United Nations.
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