Agreement as amended in 2000, 2001, 2002 and 2003.

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 50^th 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:

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.

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 5,000 annually, through the adoption and implementation of relevant measures, which shall include:    

1. 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;
2. 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;
3. 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;
4. 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;
5. 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;
6. 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;
7. The exchange of scientific research data collected by the Parties pursuant to this Agreement on a full and timely basis; and
8. 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.
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.

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:    

1. the operational requirements established in Annex VIII; and
2. 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.

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.

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 15, 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 XXIV, the Agreement will enter into force for said state 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

1. 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 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, on this fifteenth 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: 

1. The 40°N parallel from the coast of North America to its intersection with the 150°W meridian;
2. The 150°W meridian to its intersection with the 40°S parallel;
3. And the 40°S parallel to its intersection with the coast of South America.

Annex II

On-Board Observer Program

 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 (N_min) 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 5,000, 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 N_min.
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 N_min 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 N_min 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 N_min 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)

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

1. modify current purse-seine technology to make it less likely to cause dolphin mortality and
2. seek alternative means of capturing large yellowfin tuna.

2. The functions and responsibilities of the Board shall be to: 

1. Meet at least once each year;
2. Review plans, proposals, and research programs of the IATTC to seek to meet the objectives set forth in paragraph 1 above;
3. Provide advice to the Director concerning the design, facilitation, and guidance of research to achieve the objectives set forth in paragraph 1 above; and
4. 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:

1. Receive and review relevant data, including data provided to national authorities by the Director;
2. 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;
3. 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;
4. 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 N_min, 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;
5. 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;
6. 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
7. 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:

1. Exchange information;
2. Review IATTC research to achieve the objectives of this Agreement; and
3. 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:

1. Each year compile a list of the vessels that qualify for DMLs as agreed in Annex IV;
2. Analyze the reports submitted to the IRP, regarding all tuna-fishing trips made by vessels covered by this Agreement;
3. Identify possible infractions, based on the list of possible infractions approved by the Meeting of the Parties;
4. 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;
5. 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;
6. 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;
7. 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;
8. Recommend to the Parties ways to progressively reduce dolphin mortality incidental at the fishery in the Agreement Area; and
9. 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:

1. 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.
2. 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.
3. 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).
4. 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:

1. There shall be no restrictions on the number of persons a Party can include in its delegation to an IRP meeting.
2. Any IATTC member State or Signatory to this Agreement may be represented by an observer.
3. 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.
4. 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.
5. In any cases referred to in (c) and (d) above, the Director shall not disclose the identity of the objecting Party.
6. Each observer is limited to two delegates, but may bring more with the approval of two-thirds of the governmental members of the IRP.

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:

1. 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;
2. 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
3. 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:

1. Assisting in the convening and organization of IRP meetings;
2. 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;
3. Preparing minutes of all meetings and draft special reports and documents dealing with the activities of the IRP;
4. Providing to each Party, for its consideration, recommendations and information concerning possible infractions identified by the IRP for vessels under its jurisdiction;
5. Distributing to the IRP information received from Parties on the actions taken on possible infractions identified by the IRP;
6. 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;
7. Presenting to the members of the IRP information received from the Parties referred to in Paragraph 1(e) of this Annex; and
8. 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

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:

1. the use of weight calculation for the purposes of tracking tuna caught, landed, processed and exported;
2. additional measures to enhance current observer coverage, including the establishment of criteria for training and for improving monitoring and reporting capabilities and procedures;
3. the designation of well location, procedures for sealing holds, procedures for monitoring and certifying both above and below deck, or through equally effective methods;
4. the reporting, receipt, and database storage of radio and facsimile transmittals from vessels containing information related to the tracking and verification of such tuna;
5. 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 ;
6. the use of periodic audits and spot checks for caught, landed, and processed tuna products; and
7. 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 Parties

1. 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:    

1. attend meetings, subject to paragraph 2 of this Annex, but not vote;
2. make oral statements during the meetings upon the invitation of the chairman;
3. distribute documents at the meeting, with the approval of the chairman; and
4. 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.

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