[Senate Treaty Document 109-2]
[From the U.S. Government Publishing Office]



109th Congress 
 1st Session                     SENATE                     Treaty Doc.
                                                                  109-2
_______________________________________________________________________
 
      CONVENTION STRENGTHENING THE INTER-AMERICAN TUNA COMMISSION

                               __________

                                MESSAGE

                                  from

                   THE PRESIDENT OF THE UNITED STATES

                              transmitting

 CONVENTION FOR THE STRENGTHENING OF THE INTER-AMERICAN TROPICAL TUNA 
COMMISSION ESTABLISHED BY THE 1949 CONVENTION BETWEEN THE UNITED STATES 
OF AMERICA AND THE REPUBLIC OF COSTA RICA, WITH ANNEXES, (THE ``ANTIGUA 
     CONVENTION''), WHICH WAS ADOPTED ON JUNE 27, 2003, IN ANTIGUA 
  GUATEMALA, BY THE PARTIES TO THE 1949 CONVENTION. THE UNITED STATES 
           SIGNED THE ANTIGUA CONVENTION ON NOVEMBER 14, 2003




 May 16, 2005.--Convention was read the first time, and together with 
the accompanying papers, referred to the Committee on Foreign Relations 
          and ordered to be printed for the use of the Senate
                         LETTER OF TRANSMITTAL

                              ----------                              

                                     The White House, May 16, 2005.
To the Senate of the United States:
    With a view to receiving the advice and consent of the 
Senate to ratification, I transmit herewith the Convention for 
the Strengthening of the Inter-American Tropical Tuna 
Commission established by the 1949 Convention between the 
United States of America and the Republic of Costa Rica, with 
Annexes, (the ``Antigua Convention''), which was adopted on 
June 27, 2003, in Antigua, Guatemala, by the Parties to the 
1949 Convention. The United States signed the Antigua 
Convention on November 14, 2003. I also transmit, for the 
information of the Senate, the report of the Secretary of State 
with respect to the Antigua Convention, with an enclosure.
    The Antigua Convention sets forth the legal obligations and 
establishes the cooperative mechanisms necessary for the long-
term conservation and sustainable use of the highly migratory 
fish stocks (such as tuna and swordfish) of the Eastern Pacific 
Ocean that range across extensive areas of the high seas as 
well as through waters under the fisheries jurisdiction of 
numerous coastal States. Once in force, the Antigua Convention 
will replace the original 1949 Convention establishing the 
Inter-American Tropical Tuna Commission (IATTC). Revisions to 
the 1949 Convention will strengthen the mandate of the IATTC to 
reflect changes in the law governing living marine resources 
since the adoption of the original Convention more than 50 
years ago.
    The highly migratory fish stocks governed by the Antigua 
Convention constitute an important economic resource for the 
countries of the region and vital components of the marine 
ecosystem of the Eastern Pacific Ocean requiring careful 
conservation and management. Early entry into force and 
implementation of the Antigua Convention will offer the 
opportunity to strengthen conservation and management of these 
resources in important ways, including through enhanced efforts 
to ensure compliance and enforcement of agreed conservation and 
management measures.
    The Antigua Convention draws upon relevant provisions of 
the 1982 United Nations Convention on the Law of the Sea (the 
``LOS Convention'') and the 1995 United Nations Agreement on 
the Conservation and Management of Straddling Fish Stocks and 
Highly Migratory Fish Stocks (the ``U.N. Fish Stocks 
Agreement''). The Antigua Convention gives effect to the 
provisions of the LOS Convention and U.N. Fish Stocks Agreement 
that recognize as essential, and require cooperation to 
conserve highly migratory fish stocks through regional fishery 
management organizations, by those with direct interests in 
them--coastal States with authority to manage fishing in waters 
under their jurisdiction and those nations and entities whose 
vessels fish for these stocks.
    The United States, which played an instrumental role in 
negotiation of the revised Convention, has direct and important 
interests in the Antigua Convention and its early and effective 
implementation. United States fishing concerns, including the 
U.S. tuna industry, U.S. conservation organizations, and U.S. 
consumers, as well as those people who reside in those U.S. 
States bordering the Convention Area, have crucial stakes in 
the health of the oceans and their resources as promoted by the 
Antigua Convention.
    I recommend that the Senate give early and favorable 
consideration to the Antigua Convention and give its advice and 
consent to ratification.
                                                    George W. Bush.
                          LETTER OF SUBMITTAL

                              ----------                              

                                       Department of State,
                                 Washington, DC, September 8, 2004.
The President,
The White House.
    The President: I have the honor to submit to you the 
Convention for the Strengthening of the Inter-American Tropical 
Tuna Commission Established by the Convention between the 
United States of America and the Republic of Costa Rica, with 
Annexes, adopted on June 27, 2003, in Antigua, Guatemala (``the 
Antigua Convention''). The United States signed the Antigua 
Convention on November 14, 2003, the day it was opened for 
signature. I recommend that the Antigua Convention be 
transmitted to the Senate for its advice and consent to 
ratification.
    The objective of the Antigua Convention is to ensure the 
long-term conservation and sustainable use of highly migratory 
fish stocks in the Eastern Pacific Ocean (EPO). Highly 
migratory fish stocks are those species that migrate across 
extensive areas of the high seas as well as through the 200 
nautical mile exclusive economic zones (EEZs) of numerous 
coastal States. Examples of such species include tunas and 
swordfish, which are of considerable commercial value to the 
United States and other countries of the region. Effective 
management of these shared resources, and of the marine 
ecosystem that supports them, requires concerted international 
cooperation.
    The Antigua Convention updates and revises the Convention 
for the Establishment of an Inter-American Tropical Tuna 
Commission, done at Washington May 31, 1949 (``the 1949 
Convention''), as amended. In so doing, the Antigua Convention 
draws upon the 1982 United Nations Convention on the Law of the 
Sea (``the LOS Convention'') and the 1995 Agreement for the 
Implementation of the Provisions of the United Nations 
Convention on the Law of the Sea of December 10, 1982, Relating 
to the Conservation and Management of Straddling Fish Stocks 
and Highly Migratory Fish Stocks (``the UN Fish Stocks 
Agreement''). In addition, the substantive provisions of the 
Antigua Convention are fully consistent with other fisheries 
conservation and management agreements accepted by the United 
States, including the 1995 FAO Code of Conduct for Responsible 
Fisheries (``the Code of Conduct''), the 1993 Agreement to 
Promote Compliance with International Conservation and 
Management Measures by Fishing Vessels (``the Compliance 
Agreement''), and the 1998 Agreement on the International 
Dolphin Conservation Program (``the AIDCP'').
    The LOS Convention recognizes that effective conservation 
and management of highly migratory fish stocks requires 
cooperation among those with a direct interest in those stocks: 
the coastal States with authority to manage fishing in waters 
under their jurisdiction, as well as those States and non-state 
entities whose vessels fish for these stocks. It obligates, by 
virtue of the customary law as reflected in the LOS Convention, 
such States and non-state entities to cooperate directly or 
through appropriate international organizations to ensure 
conservation and promote sustainable utilization of such 
species throughout their range.
    The UN Fish Stocks Agreement elaborates and strengthens the 
provisions of the LOS Convention with respect to highly 
migratory species. The Agreement establishes important criteria 
for the conservation and management of highly migratory species 
including the application of the precautionary approach; 
focuses attention on non-target fish stocks and associated and 
dependent species (such as sea turtles and sea birds); and 
allows for mechanisms to promote effective compliance with and 
enforcement of agreed conservation and management measures.
    At a meeting of the Inter-American Tropical Tuna Commission 
(IATTC) in 1995, the Parties to the 1949 Convention committed 
themselves to strengthen the mandate of the IATTC better to 
ensure the long-term sustainability of tuna stocks and other 
living marine resources in the EPO. In particular, they decided 
to enhance the IATTC as a forum for the adoption of measures to 
reduce catches of juvenile tunas and measures to avoid, reduce 
and minimize the bycatch of juvenile tunas as well as the 
bycatch of non-target species, including both fish species and 
other species belonging to the same ecosystem.
    As the adoption and implementation of such measures 
exceeded the authority of the IATTC under the 1949 Convention, 
the Parties agreed to negotiate a revised Convention as the 
basis for implementing these commitments. In addition, 
negotiation of a revised Convention provided a vehicle for 
incorporating elements of the international legal regime 
governing living marine resources, which had evolved 
considerably since the negotiation of the original 1949 
Convention. As discussed above, this included elements 
established pursuant to the LOS Convention, the UN Fish Stocks 
Agreement, the Compliance Agreement, and other agreements. The 
negotiations to conclude the Antigua Convention successfully 
achieved all of these objectives.
    The Antigua Convention is a comprehensive agreement to 
promote the long-term economic and environmental sustainability 
of the living marine resources in the EPO. In addition to the 
elements cited above, the Convention improves on the original 
1949 Convention by providing for the full participation of non-
state actors, including the European Union (EU) and Taiwan, in 
the work of the IATTC. The EU is entitled to become a Party to 
the revised Convention in its capacity as a ``regional economic 
integration organization'' to which its Member States have 
transferred competence over matters governed by the Convention. 
Taiwan, though not eligible to become a Party, may participate 
as a ``Member of the Commission,'' in its capacity as a 
``fishing entity,'' under the name Chinese Taipei. 
Participation by these non-state actors provides important 
benefits by binding vessels operating under their respective 
jurisdictions to the conservation and management measures 
adopted by the IATTC.
    The Antigua Convention will also strengthen the ability of 
the IATTC to address the issue of illegal, unreported, and 
unregulated (IUD) fishing. The provisions of the Convention 
pertaining to compliance and enforcement, for example, provide 
authority for the organization to ensure adherence to the 
measures it will adopt.
    In addition, the Antigua Convention provides for enhanced 
science, data collection, and monitoring in support of 
management efforts. Among other things, it provides for a 
Scientific Advisory Committee consisting of scientists from 
Parties to the Convention, as well as a Scientific Staff 
working through the Secretariat. These bodies are to:
           improve research in areas such as by-catch 
        reduction;
           increase our knowledge of the 
        interdependence of many highly migratory species; and
           allow for the more efficient utilization of 
        this resource by analyzing the current and past 
        conditions and trends of the populations of the fish 
        stocks covered by the Convention.
    The enclosed article-by-article analysis describes the 
provisions of the Antigua Convention in more detail.
    The Antigua Convention contains provisions whose 
implementation will require amendments to domestic legislation 
before they can be fully implemented by the United States. The 
Administration will work with Congress to develop appropriate 
amendments to relevant statutes for this purpose.
    In view of the foregoing, I recommend that the Convention 
be transmitted to the Senate as soon as possible for its early 
and favorable advice and consent to ratification.
    Respectfully submitted.
                                                   Colin L. Powell.
    Enclosure: As stated.
Analysis of the Convention for the Strengthening of the Inter-American 
Tropical Tuna Commission Established by the 1949 Convention Between the 
United States of America and the Republic of Costa Rica (``The Antigua 
                             Convention'')

    Most of the substantive provisions of the Antigua 
Convention are improvements upon the 1949 Convention, reflect 
current practice of the Commission, and are derived from, are 
fully consistent with, or implement instruments which the 
United States has accepted as governing fisheries conservation 
and management, including the 1995 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 (``1995 UN Fish Stocks 
Agreement''); the 1995 FAO Code of Conduct for Responsible 
Fisheries (``Code of Conduct''), the 1993 Agreement to Promote 
Compliance with International Conservation and Management 
Measures by Fishing Vessels (``Compliance Agreement''), as well 
as the 1982 Law of the Sea Convention (``LOS Convention''). The 
provisions of the Antigua Convention are also fully consistent 
with the 1998 Agreement on the International Dolphin 
Conservation Program (``AIDCP''), to which the United States is 
a party, and the 2000 Convention on the Conservation and 
Management of Highly Migratory Fish Stocks in the Western and 
Central Pacific Ocean (``Western and Central Pacific Fisheries 
Convention,'' or ``WCPFC''), which the United States has 
signed.


                       part i--general provisions


Article I, Definitions
    Article I defines fourteen terms for the purposes of the 
Antigua Convention. Although these definitions are generally 
self-explanatory, a few of them warrant brief discussion:
           Article I.1 defines ``fish stocks covered by 
        this Convention'' as stocks of tuna and tuna-like 
        species and other species of fish taken by vessels 
        fishing for tunas and tuna-like species in the 
        Convention Area. The term ``tunas and tuna-like 
        species,'' though not specifically defined in the 
        Convention, encompasses the major commercial tuna 
        species harvested in the Convention Area including, but 
        not limited to, yellowfin tuna, skipjack tuna, bigeye 
        tuna, albacore tuna and bluefin tuna, as well as a 
        number of other tuna species not targeted by commercial 
        fisheries. ``Tuna-like species'' is understood to cover 
        billfish species including swordfish, sailfish, marlins 
        and similar species. Moreover, the language ``and other 
        species of fish taken by vessels fishing for [such 
        species] in the Convention Area'' ensures the broadest 
        possible coverage under the Convention of affected fish 
        stocks and provides the basis for conservation and 
        management measures for any fish species taken in the 
        eastern Pacific tuna fisheries including, for example, 
        oceanic shark species. (The Convention Area is defined 
        in Article III.)
           Article I.5 defines ``consensus'' as the 
        adoption of a decision without voting and without the 
        expression of any stated objection. Under the Antigua 
        Convention, all decisions are to be taken by consensus. 
        The term appears in Article IX on decision-making; 
        Article X on the Committee for the Review of 
        Implementation of Measures Adopted by the Commission; 
        and Article XI on the Scientific Advisory Committee.
           Article I.6 defines ``Parties'' as the 
        States and regional economic integration organizations 
        (REIOs) that have consented to be bound by the Antigua 
        Convention and for whom the Convention is in force. 
        Article I.7 defines ``members of the Commission'' as 
        Parties and any fishing entity that has expressed its 
        formal commitment to abide by the terms of the Antigua 
        Convention and to comply with any conservation and 
        management measures adopted by the Commission. The 
        significance of these two definitions, and the 
        differences between them, is discussed below in 
        connection with Article IX on decision-making.
Article II, Objective
    Article II provides that the objective of the Antigua 
Convention is to ensure the long-term conservation and 
sustainable use of fish stocks covered by this Convention, in 
accordance with the relevant rules of international law. This 
provision is intended to give force to a similar provision that 
appears as Article 2 of the 1995 UN Fish Stocks Agreement.
Article III, Area of Application of the Convention
    Article III provides that the Antigua Convention's Area of 
Application comprises the area of the Pacific Ocean bounded by 
the coastline of North, Central, and South America and by the 
following lines:
           the 50+N parallel from the coast of North 
        America to its intersection with the 150+W meridian;
           the 150+W meridian to its intersection with 
        the 50+S parallel; and
           the 50+S parallel to its intersection with 
        the coast of South America.
    The area of application of the Agreement on the 
International Dolphin Conservation Program (AIDCP) is entirely 
within, but is not coterminous with, the area of application of 
the Antigua Convention. The AIDCP area of application lies 
between 40+N and 40+S, while the area of application of the 
Antigua Convention lies between 50+N and 50+S. The area of the 
Antigua Convention extends 10+ further north and south to 
ensure coverage of the full range of tuna species that occur in 
these temperate waters, but where there is no interaction 
between dolphins and the tuna purse seine fishery governed by 
the AIDCP. The western boundary of both agreements is 150+W.
    The area of application of the Convention on the 
Conservation and Management of Highly Migratory Fish Stocks in 
the Western and Central Pacific Ocean (WCPFC) overlaps the area 
of application of the Antigua Convention between 50+S and 4+S 
and between 150+W and 130+W.
    The areas of application and overlap of the Antigua 
Convention and the WCPFC are illustrated in Figure 1.
    In recognition of these relatively small overlapping areas 
of application, Article XXIV.3 of the Antigua Convention 
requires the Commission to cooperate with other regional 
fishery management organizations (RFMOs) in order to ensure 
that the objective of the Antigua Convention is reached and 
that there is harmonization and compatibility of the 
conservation and management measures adopted by such 
organizations, or to avoid taking measures in respect of 
species in or migrating through the area of overlap that are 
regulated by another RFMO. Article XXIV.4 requires the 
provisions of Article XXIV.3 to be applied, as appropriate, in 
the case of fish stocks that migrate through areas under the 
purview of the Commission and of another organization of 
organizations or arrangements.


    part ii--conservation and use of the fish stocks covered by the 
                               convention


Article IV, Application of the Precautionary Approach
    Article IV.1 requires the members of the Commission, 
directly and through the Commission, to apply the 
``precautionary approach'' for the conservation, management and 
sustainable use of fish stocks covered by the Antigua 
Convention. Article IV.1 requires the ``precautionary 
approach'' to be used as described in the relevant provisions 
of the Code of Conduct for Responsible Fisheries and/or the 
1995 UN Fish Stocks Agreement.
    Article IV.2 of the Antigua Convention requires the members 
of the Commission to be more cautious when information is 
uncertain, unreliable or inadequate. The paragraph also 
provides that the absence of adequate scientific information is 
not to be used as a reason for postponing or failing to take 
conservation and management measures. An identical provision 
appears in article 6.2 of the 1995 UN Fish Stocks Agreement and 
a similar provision appears in article 7.5.1 of the Code of 
Conduct.
    (It should be noted that Article VII.1(m), which relates to 
the functions of the Commission, contains a cross-reference to 
Article IV. Specifically, in addition to requiring the 
Commission to apply the precautionary approach in accordance 
with Article IV, it specified that, in cases where measures are 
adopted by the Commission pursuant to the precautionary 
approach in the absence of adequate scientific information, the 
Commission is required, as soon as possible, to undertake to 
obtain the scientific information necessary to maintain or 
modify any such measures.)
    Article IV.3 requires the members of the Commission to 
subject target stocks and non-target or associated or dependent 
species that are of concern to enhanced monitoring in order to 
review their status and the efficacy of conservation and 
management measures. The members are required to revise those 
measures regularly in light of new scientific information that 
becomes available. A similar provision appears in article 6.5 
of the 1995 UN Fish Stocks Agreement.
Article V, Compatibility of Conservation and Management Measures
    Article V.1 provides that nothing in the Antigua Convention 
shall prejudice or undermine the sovereignty or sovereign 
rights of coastal States related to the exploration and 
exploitation, conservation and management of the living marine 
resources within areas under their sovereignty or national 
jurisdiction as provided for in the 1982 Law of the Sea 
Convention (LOS Convention, e.g., articles 2, 56, 61-67), or 
the right of all States for their nationals to engage in 
fishing on the high seas in accordance with LOS Convention 
(i.e., articles 116-120). A similar provision appears as the 
chapeau of article 7.1 of the 1995 UN Fish Stocks Agreement.
    Article V.2 takes into account that the fish stocks covered 
by the Antigua Convention live both in the high seas and in 
areas under national jurisdiction (i.e., the territorial sea 
and the EEZ). Accordingly, paragraph 2 requires that the 
conservation and management measures established for the high 
seas and those adopted for areas under national jurisdiction 
shall be compatible, in order to ensure the conservation and 
management of the fish stocks covered by the Antigua 
Convention. A similar provision appears in article 7.2 of the 
1995 UN Fish Stocks Agreement.


         part iii--the inter-american tropical tuna commission


Article VI, The Commission
    Article VI, along with paragraphs 4 and 5 of Article XXXI, 
are designed to ensure the continuity of the Commission upon 
entry into force of the Antigua Convention.
    Article VI.1 provides that the members of the Commission 
agree to maintain, with all its assets and liabilities, and to 
strengthen the Inter-American Tropical Tuna Commission 
established by the 1949 Convention.
    Article VI.2 provides that the Commission shall be composed 
of sections consisting of from one to four Commissioners 
appointed by each member, who may be accompanied by such 
experts and advisers as that member may deem advisable. This 
provision expands on Article 1.1 of the 1949 Convention in two 
ways: (1) they permit the Commissioners to be accompanied by 
experts and advisers; and (2) by reason of the definitions of 
``Parties'' and ``members of the Commission'' in Article 1.6 
and 1.7, they permit REIOs and fishing entities to participate 
fully in the work of the Commission. Appointment of U.S. 
Commissioners to IATTC is currently governed by 16 U.S.C. 
Sec. 952.
    Article VI.3 provides that the Commission shall have legal 
personality and necessary legal capacity, both with regard to 
its members and other international organizations, to perform 
its functions and achieve its objective, in accordance with 
international law. Although, the 1949 Convention has no similar 
provision, many recent treaties establishing international 
fisheries commissions do.
            Privileges and Immunities
    Article VI.3 further provides that the immunities and 
privileges that the Commission and its officers enjoy shall be 
subject to an agreement between the Commission and the relevant 
member, in this case the United States. There is no similar 
provision in the 1949 Convention.
    The Department has determined that implementation of this 
provision will not require the development of an agreement per 
se. Pursuant to Executive Order 11059, October 23, 1962, 3 CFR 
650-651 (1959-1960 Comp.), President Kennedy designated the 
IATTC as a ``public international organization'' entitled to 
enjoy the privileges, exemptions and immunities conferred by 
the International Organizations Immunities Act, 22 U.S.C. 
Sec. 288, except those conferred pursuant to Section 4(b), 4(e) 
and 5(a) of that Act. Under this authority, the United States 
has been providing, and will continue to provide, appropriate 
privileges and immunities to the IATTC.
            Headquarters
    Article VI.4 provides that the headquarters of the 
Commission shall remain at San Diego, California, where it has 
been since the Commission was first established in 1950. This 
provision memorializes Rule XI of the Commission's Rules of 
Procedure, adopted August 13, 1952 (available at http://
www.iattc.org/PDFFiles/Rules of ProceduresENG.pdf).
Article VII, Functions of the Commission
    Article VII.1 lists the functions to be performed by the 
Commission. In performing those functions, the Commission shall 
give priority to the conservation and management of tunas and 
tuna-like species. This provision was included to ensure that 
the Commission's expanded mandate with respect to other fish 
stocks, and associated and dependent species, does not result 
in less attention being paid to the conservation and management 
of the principal commercial fish stocks under the Commission's 
purview. While the enumerated functions broaden the mandate of 
the Commission relative to the mandate set out in Article II of 
the 1949 Convention, they reflect either the current practice 
of the Commission or are consistent with other recently 
established fisheries commissions with respect to non-target 
fish stocks and associated and dependent species and, in this 
regard, are fully consistent with the provisions of the 1995 UN 
Fish Stocks Agreement, the FAO Code of Conduct and other 
instruments.
    Article VII.2 contains both mandatory and recommendatory 
provisions. It requires the Commission to maintain a staff 
qualified in matters pertaining to the Antigua Convention, 
including administrative, scientific and technical areas, under 
the supervision of the Director. This paragraph also requires 
the Commission to ensure that its staff includes personnel 
needed for the efficient and effective application of the 
Convention. This paragraph encourages the Commission to seek 
the most qualified staff available and to give due 
consideration to the importance of recruiting staff on an 
equitable basis to promote broad representation and 
participation of the members of the Commission. While Article 
VII.2 goes beyond the simple authorization in Article I.10 of 
the 1949 Convention for the Commission to employ necessary 
personnel for performance of its functions and duties, it is 
consistent with current policies and practices of the 
Commission.
    Article VII.3 requires the Commission, in considering 
guidance for the program of work on scientific matters to be 
addressed by the scientific staff to consider, inter alia, the 
advice, recommendations and reports of the Scientific Advisory 
Committee established pursuant to Article XI of the Antigua 
Convention. The Scientific Advisory Committee is discussed 
below in connection with Article XI.
Article VIII, Meetings of the Commission
    Article VIII.1 requires the ordinary meetings of the 
Commission to take place at least once a year, in such location 
and on such date as the Commission agrees. This provision 
reflects Rule XII of the Commission's existing Rules of 
Procedure. A similar provision appears as Article I.10 of the 
1949 Convention.
    Article VIII.2 permits the Commission to hold extraordinary 
meetings when deemed necessary. Those meetings are required to 
be convened at the request of at least two of the members of 
the Commission, provided that a majority of the members support 
the request. This is a new provision, not appearing either in 
the 1949 Convention or in the Commission's Rules of Procedure.
    Article VIII.3 permits a meeting of the Commission to be 
held only when a quorum is present. A quorum is defined as the 
presence of two-thirds of the members of the Commission. This 
paragraph applies the same quorum rule to meetings of 
subsidiary bodies established by the Commission. Neither the 
1949 Convention nor the Commission's Rules of Procedure contain 
a quorum rule.
    Article VIII.4 requires the meetings to be held in English 
and Spanish, and the documents of the Commission to be produced 
in both of these languages. This requirement is also contained 
in Article I.14 of the 1949 Convention and Rule XIV of the 
Commission's Rules of Procedure.
    Article VIII.5 expands on the existing rules regarding 
election of the Commission's officers. This paragraph requires 
the Commission's members to elect a Chairman and Vice-Chairman 
from, unless otherwise decided, different Parties to the 
Antigua Convention. Under this provision a fishing entity is 
not entitled to be elected to either position. Both officials 
are to be elected for a one-year period and remain in office 
until their successors are elected. Article I.7 of the 1949 
Convention and Rule VI of the Commission's Rules of Procedure 
provide only for the election of a chairman and secretary, who 
serve for one year.
Article IX, Decision Making
    The Antigua Convention's provisions on decision-making 
reflect the differences in legal status between States and 
regional economic integration organizations (REIOs), on the one 
hand, and fishing entities, on the other, by defining the 
former as ``Parties'' and using the term ``members'' of the 
Commission to include both Parties and fishing entities. 
Specifically, as noted above, Article I.6 defines ``Parties'' 
as the States and REIOs that have consented to be bound by the 
Antigua Convention and for whom the Convention is in force. 
Article I.7 defines ``members of the Commission'' as Parties 
and any fishing entity that has expressed its formal commitment 
to abide by the terms of the Antigua Convention and to comply 
with any conservation and management measures adopted by the 
Commission.
    Article IX.1 provides that, unless provided otherwise, all 
of the Commission's decisions are to be by consensus of the 
members of the Commission (i.e., States, REIOs, and fishing 
entities) present at the meeting where the decision is taken. 
As noted above, consensus is defined in Article I.5 as the 
adoption of a decision without voting and without the 
expression of any stated objection.
    Article IX.2 provides otherwise with respect to decisions 
on adoption of amendments to the Convention and its annexes, as 
well as on invitations to accede to the Convention. Such 
decisions require the consensus of all Parties, which would not 
include fishing entities such as Taiwan (although their views 
are to be taken into account).
    Articles IX.4-.6 deal with situations involving absent 
members. Article IX.4 requires the Director to inform any 
member of the Commission that is absent of a decision taken 
pursuant to paragraphs 2 and 3 of that Article. The absent 
member then has 30 days in which to object; otherwise, it will 
be deemed to have joined the consensus. Article IX.5 provides 
that any such absent member that breaks consensus may not again 
break consensus if it is absent at the next meeting of the 
Commission when that item is on the agenda.
    Article IX.6 deals with the situation where a member of the 
Commission is unable to attend a meeting of the Commission due 
to extraordinary and unforeseen circumstances. The member is 
required to so notify the Director. The Director in turn is 
required to notify the absent member of all decisions taken at 
the meeting the member missed. The absent member has 30 days in 
which to object to one or more of the decisions. In such a 
case, and in contrast to situation described in paragraph 5 
above, the member can continue to block consensus until 
consensus is achieved.
    Under Article IX, it is therefore conceivable that a Party 
could miss the opportunity to block consensus on a substantive 
action of the Commission, including a proposed annex amendment, 
if it were to be absent from more than one relevant meeting and 
also not properly inform the Director of such absence. The 
Executive Branch will take the necessary steps under Article IX 
to be in a position to block consensus.
    Article IX.7 provides that all decisions of the Commission 
will be binding for all members 45 days after their 
notification, unless otherwise agreed. This is a change from 
the Commission's practice under the 1949 Convention of making 
recommendations that the members have 45 days to implement. The 
National Marine Fisheries Service (NMFS) advises that, as IATTC 
recommendations are routinely implemented within 45 days of 
notification, this change will have no practical impact on the 
procedures currently followed pursuant to 16 U.S.C. Sec. 955 
and 50 CFR Sec. 300.29, although the statute and regulation 
should be amended to track this change.
            Committees of the Commission
    The 1949 Convention makes no provision for committees of 
the Commission. The Commission established in 1999 a Permanent 
Working Group on Compliance. The Antigua Convention requires 
the Commission to establish two Committees.
Article X, Committee for the Review of Implementation of Measures 
        Adopted by the Commission
    Article X.1 requires the Commission to establish a 
Committee for the Review of Implementation of Measures Adopted 
by the Commission. This provision is intended to maintain, in 
its current form and under the same procedures (although under 
a different name), the Permanent Working Group on Compliance 
established by resolution of the Commission in June 1999. The 
Committee is to be composed of those representatives designated 
for this purpose by each member of the Commission. Each 
representative may be accompanied by such experts and advisers 
as that member may deem advisable.
    Article X.2 provides that the functions of this Committee 
are those established in Annex 3 of the Convention, which are 
fully consistent with the Commission's June 1999 Resolution.
    Article X.3 permits the Committee, where appropriate and 
with the approval of the Commission, to consult with any other 
fisheries management, technical or scientific organization with 
competence in the subject matter of such consultation. The 
Committee may also seek such expert advice as may be required 
in each case.
    Article X.4 requires the Committee to strive to adopt its 
reports and recommendations by consensus. It further provides 
that if every effort to achieve consensus has failed, the 
reports shall so indicate, and shall reflect the majority and 
minority views. At the request of any member of the Committee, 
the views of that member on all or any part of the reports are 
also to be reflected.
    Article X.5 requires the Committee to meet at least once a 
year, preferably on the occasion of the ordinary meeting of the 
Commission.
    Article X.6 permits the Committee to convene additional 
meetings at the request of at least two of the members of the 
Commission, provided that a majority of the members of the 
Commission support the request.
    Article X.7 requires the Committee to exercise its 
functions in accordance with such rules of procedure, 
guidelines and directives as the Commission may adopt. The 
Commission adopted Rules of Procedure for the Compliance 
Committee in June 2000. Additionally, the Commission adopted 
Resolutions related to the work of the Committee in June 2000 
and June 2002.
    Article X.8 requires the staff of the Commission, in 
support of the work of the Committee, to:
           collect the information necessary for the 
        work of the Committee and develop a data base, in 
        accordance with the procedures established by the 
        Commission
           provide such statistical analyses as the 
        Committee deems necessary for carrying out its 
        functions
           prepare the reports of the Committee
           distribute to the members of the Committee 
        all pertinent information, particularly that set out in 
        Article X.8(a).
    Paragraph 8 reflects current practice.

Article XI, Scientific Advisory Committee

    Article XI.1 of the Antigua Convention provides for the 
establishment of a Scientific Advisory Committee. This 
provision is intended primarily to formalize the current 
practice of the Commission, through the Working Group on Stock 
Assessment, to provide substantive input from the members of 
the Commission into the scientific work and analysis of the 
IATTC staff. Article XI.1 provides that the Scientific Advisory 
Committee is to be composed of a representative designated by 
each member of the Commission. Each representative is required 
to have appropriate qualifications or relevant experience in 
the area of the competence of the Committee and may be 
accompanied by such experts or advisers as that member may deem 
advisable.
    Article XI.2 authorizes the Commission to invite to 
participate in the work of the Committee organizations or 
persons with recognized scientific experience in matters 
related to the work of the Commission.
    Article XI.3 provides that the functions of the Committee 
are those established in Annex 4 of the Convention.
    Article XI.4 requires the Commission to meet at least once 
a year, preferably prior to a meeting of the Commission. This 
is consistent with existing practice, where the current Working 
Group meets each May, prior to the June Annual Meeting.
    Article XI.5 permits the Committee to convene additional 
meetings at the request of at least two members of the 
Commission, provided that a majority of the members of the 
Commission support the request.
    Article XI.6 provides that the Director serves as Chairman 
of the Committee and permits the Director to delegate the 
exercise of this function, subject to the approval of the 
Commission.
    Article XI.7 requires the Committee to strive to adopt its 
reports and recommendations by consensus. It further provides 
that if every effort to achieve consensus has failed, the 
reports shall so indicate, and shall reflect the majority and 
minority views. At the request of any member of the Committee, 
the views of that member on all or any part of the reports are 
also to be reflected.

Article XII, Administration

    Article XII modernizes the provisions on administration of 
the Commission that are set out in Article I.13 of the 1949 
Convention. For example, the position of Director of 
Investigations under the 1949 Convention is replaced with the 
position of Director under the Antigua Convention.
    Article XII.1 requires the Commission to appoint, in 
accordance with the adopted rules of procedure and taking into 
account any criteria established therein, a Director, whose 
competence in the field of the Commission is established and 
generally recognized, in particular in its scientific, 
technical and administrative aspects. There is no requirement 
that the Director be a national of one of the members of the 
Commission. Under Article I.13 of the 1949 Convention, a 
Director of Investigations is designated by the Commission and 
is merely required to be technically competent.
    The Director is responsible to the Commission and may be 
removed by the Commission at its discretion. This is similar to 
Article I.13 of the 1949 Convention, which provides that the 
Director of Investigations is responsible to the Commission and 
may be freely removed by it.
    The Antigua Convention sets the term of the Director at 
four years. The Director may be reappointed as many times as 
the Commission decides. Currently there is no limit set for the 
duration of the Director's term. Neither the 1949 Convention 
nor the Commission's Rules of Procedure address this issue.
    In 13 subparagraphs, Article XII.2 identifies the duties of 
the Director. These provisions expand upon the Director's 
responsibilities set out in Article I.13 of the 1949 
Convention. These duties reflect both current practice and the 
requirements of the Commission.
    Article XII.3 requires the Director and staff of the 
Commission, in the performance of their duties, not to act in 
any manner that could be incompatible with their status or with 
the objective and provisions of the Antigua Convention. They 
are not permitted to have any financial interests in activities 
under the purview of the Commission (such as investigation and 
research, exploration, exploitation, processing and marketing 
of the fish stock covered by the Convention). They are also 
required to maintain as confidential, while they are employed 
by the Commission and thereafter, any confidential information 
they obtained or to which they had access during their 
employment. See Article XXII below on confidentiality.

Article XIII, Scientific Staff

    Article XIII provides that the Scientific Staff operates 
under the supervision of the Director, and of the Coordinator 
of Scientific Research if appointed in accordance with Article 
XII.2( d) and (e). The Scientific Staff is given ten specified 
functions, giving priority to tunas and tuna-like species. 
While largely reflecting current practice, these functions are 
enumerated here to distinguish them from the functions of the 
Scientific Advisory Committee and, in particular, to clarify 
that the scientific staff retains the primary responsibility 
for the scientific research and analysis considered by the 
Commission when considering recommendations for conservation 
and management measures.

Article XIV, Budget

    Article XIV expands upon the provisions of Article 1.3 and 
1.4 of the 1949 Convention but generally reflects the current 
practice of the Commission.
    Article XIV.1 requires the Commission to adopt each year 
its budget for the following year, in accordance with the 
special provision on decision-making contained in Article IX.3. 
Article XIV.1 provides that, in determining the size of the 
budget, the Commission is to give due consideration to the 
principle of cost effectiveness.
    Article XIV.2 requires the Director to submit to the 
Commission for consideration a detailed draft annual budget 
that will identify the disbursements to be made from assessed 
contributions referred to in Article XV.1 and the voluntary 
contributions referred to in Article XV.3 of the Convention.
    Article XIV.3 requires the Commission, consistent with 
current practice, to maintain separate accounts for the 
activities carried out under the Antigua Convention and under 
the AIDCP. This paragraph requires the services to be provided 
to the AIDCP and the corresponding estimated costs to be 
specified in the Commission's budget. This paragraph also 
requires the Director to provide to the Meeting of the Parties 
to the AIDCP for its approval, and prior to the year in which 
the services are to be provided, estimates of services and 
their costs corresponding to the tasks to be carried out 
pursuant to that Agreement.
    Article XIVA requires the accounts of the Commission to be 
subjected to an annual independent financial audit.

Article XV, Contributions

    Article XV.1 provides that the amount of the contribution 
of each member of the Commission to the budget is to be 
determined in accordance with the scheme which the Commission 
is required to adopt, and amend, as required, in accordance 
with the special rule on decision making contained in Article 
IX.3 of the Convention. The Commission intends to adopt the 
scheme before the Antigua Convention enters into force.
    The scheme adopted by the Commission is required to be 
transparent and equitable for all members and to be set out in 
the financial regulations of the Commission. The Commission's 
financial regulations were adopted in 1982 and may be found, as 
amended, at http://www.iattc.org/PDFFiles2/IATTC%20 
Financial%20regulations%20Jun%202003%20ENG.pdf.
    The Commission is working to adopt such a scheme for 
contributions under the 1949 Convention. See IATTC Resolution 
C-03-06, which may be viewed at http://wvvw.iattc.org/
PDFFiles2/C-03-06%20Resolution%200n%20financing.pdf.
    Article XV.2 provides that the contributions agreed 
pursuant to the preceding paragraph will enable the operation 
of the Commission and cover in a timely manner the annual 
budget adopted in accordance with Article XIV.1 of the 
Convention.
    Article XV.3 requires the Commission to establish a fund to 
receive voluntary contributions for research on and 
conservation of fish stocks covered by the Convention and, as 
appropriate, associated or dependent species, and for the 
conservation of the marine environment. Under current practice, 
the Commission has received such voluntary contributions and 
has accounted for these separately from assessed contributions. 
However, such contributions have not been formally designated 
as part of any special ``fund.''
    Article XV.4 provides that, notwithstanding the provisions 
of Article IX on decision-making, unless the Commission decides 
otherwise, if a member of the Commission is in arrears in the 
payment of its contributions by an amount equal to or greater 
than the total of the contributions due from it for the 
preceding 24 months, that member shall not have the right to 
participate in decision-making in the Commission until it has 
fulfilled its obligations pursuant to this Article.
    Article XV.5 provides that each member of the Commission is 
to meet its own expenses arising from attendance at meetings of 
the Commission and of its subsidiary bodies. This continues the 
Title set out in Article 1.3, first sentence, of the 1949 
Convention.

Article XVI, Transparency

    Article XVI and Annex 2 provide that representatives of 
non-Parties, relevant intergovernmental organizations (IGOs), 
and non-governmental organizations (NGOs) are to be afforded 
the opportunity to take part in the meetings of the Commission 
and its subsidiary bodies as observers ``or otherwise, as 
appropriate''. While the 1949 Convention does not contain 
provisions on transparency or participation by observers, such 
provisions are contained in Rule XIII of the Commission's Rules 
of Procedure (adopted in September 1990). The Antigua 
Convention advances the attendance and participation of 
nongovernmental organizations in meetings of the Commission in 
important ways. Most notably, current rules provide that any 
member of the Commission may block attendance by a non-
governmental observer by expressing an objection to the 
Director in writing sixty days in advance of the meeting in 
question. Under the Antigua Convention, Annex 2, paragraph 7, 
non-governmental observers may participate unless one-third of 
the members of the Commission object for cause. In addition, 
the phrase ``or otherwise, as appropriate'' is intended to 
permit these organizations to participate in technical work 
(e.g., such as participating in technical workshops related to 
the Commission's work). However, such IGOs and NGOs would not 
be eligible to become Parties to the Convention. Annex 2 
provides the principles and criteria for the participation of 
observers at meetings of the Commission.

     PART III--RIGHTS AND OBLIGATIONS OF MEMBERS OF THE COMMISSION

Article XVII, Rights of States

    Article XVII provides that no provision of the Antigua 
Convention 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. This provision complements Article V.1 
on compatibility of conservation and management measures. An 
identical provision appears as Article XXI, Rights of States, 
of the AIDCP.

Article XVIII, Implementation, Compliance and Enforcement by Parties

            Implementation and Compliance
    Article XVIII.1 requires each Party to take the measures 
necessary to ensure the implementation of and compliance with 
the Antigua Convention and any conservation and management 
measures adopted pursuant thereto, including the adoption of 
the necessary laws and regulations. For the United States, new 
legislation will be required to update and modernize Chapter 
16, Tuna Conventions, of Title 16 U.S. Code and repeal Chapter 
16B, Eastern Pacific Tuna Fishing (as the Convention this 
chapter was intended to implement will not enter into force). 
Conforming amendments will be necessary to 50 CFR Subpart C--
Pacific Tuna Fisheries, sec. 300.20-300.29.
    Article XVIII.2 requires each Party to provide to the 
Commission:
           all the information that may be required for 
        the fulfillment of the objective of the Convention, 
        including statistical and biological information and 
        information concerning its fishing activities in the 
        Convention Area, and
           information regarding actions taken to 
        implement the measures adopted in accordance with the 
        Convention, whenever required by the Commission and as 
        appropriate, subject to the provisions of Article XXII 
        of the Convention on confidentiality and in accordance 
        with the rules of procedure to be developed and adopted 
        by the Commission.
    These rules of procedure have not yet been developed. The 
Commission's resolution on the provision of data may be found 
at http://www.iattc.org/PDFFiles2/C.;03-05%20Data%20provi- 
sion%20resolution.pdf.
    Article XVIII.3 requires each Party promptly, through the 
Director, to inform the Committee for the Review of 
Implementation of Measures Adopted by the Commission 
established pursuant to the provisions of Article X of the 
Convention of:
          (a) legal and administrative provisions, including 
        those regarding infractions and sanctions, applicable 
        to compliance with conservation and management measures 
        adopted by the Commission; and
          (b) actions taken to ensure compliance with 
        conservation and management measures adopted by the 
        Commission, including, if appropriate, an analysis of 
        individual cases and the final decision taken.
    Article XVIII.4 requires each Party to:
          (a) authorize the use and release, subject to any 
        applicable rules of confidentiality, of pertinent 
        information recorded by on-board observers of the 
        Commission or a national program;
          (b) ensure that vessel owners and/or captains allow 
        the Commission, in accordance the rules of procedure 
        adopted by the Commission in this respect, to collect 
        and analyze information necessary for carrying out the 
        functions of the Committee for the Review of 
        Implementation of Measures Adopted by the Commission; 
        and
          (c) provide to the Commission every six months a 
        report on the activities of its tuna-fishing vessels 
        and any other information necessary for the work of the 
        Committee for the Review of Implementation of Measures 
        Adopted by the Commission.
    Article XVIII.5 requires each Party to take measures to 
ensure that vessels operating in waters under its national 
jurisdiction comply with the Convention and the measures 
adopted pursuant thereto.
            Enforcement
    Article XVIII.6 requires each Party, where it has 
reasonable grounds to believe that a vessel flying the flag of 
another State has engaged in any activity that undermines the 
effectiveness of conservation and management measures adopted 
by the Commission for the Convention Area, to draw this to the 
attention of the flag State concerned. Paragraph 6 permits each 
such Party, as appropriate, to draw the matter to the attention 
of the Commission.
    Paragraph 6 requires the Party in question to provide the 
flag State with full supporting evidence and permits that Party 
to provide the Commission with a summary of such evidence.
    Paragraph 6 prohibits the Commission from circulating such 
information until such time as the flag State has had an 
opportunity to comment, within a reasonable time, on the 
allegation and evidence submitted for its consideration, or to 
object, as the case may be.
    Article XVIII.7 requires each Party, at the request of the 
Commission or any other Party, when provided with relevant 
information that a vessel under its jurisdiction has carried 
out activities which contravene the measures adopted pursuant 
to the Convention, to (1) carry out a thorough investigation 
and, if appropriate, (2) proceed in accordance with its 
national legislation and inform as soon as possible, the 
Commission and, if applicable, the other party, of the results 
of its investigation and the actions taken.
    Article XVIII.8 requires each Party to apply, in accordance 
with its national laws and in a manner consistent with 
international law, sanctions of sufficient gravity as to be 
effective in securing compliance with the provisions of the 
Convention and of measures adopted pursuant thereto, and to 
deprive offenders of the benefits accruing from their illegal 
activities, including, as appropriate, refusal, suspension or 
withdrawal of the authorization to fish. Similar provisions 
appear in Article 19.2 of the 1995 UN Fish Stocks Agreement, 
Article XVI.2 of the AIDCP and Article III.8 of the Compliance 
Agreement.
    Article XVIII.9 requires Parties whose coasts border the 
Convention Area or whose vessels fish for fish stocks covered 
by the Convention or in whose territory the catch is landed and 
processed to cooperate with a view to ensuring compliance with 
the Convention and with a view to ensuring the application of 
the conservation and management measures adopted by the 
Commission, including through the adoption of cooperative 
measures and schemes, as appropriate.
    Article XVIII.10 provides that if the Commission determines 
that vessels fishing in the Convention Area have engaged in 
activities which undermine the effectiveness of or otherwise 
violate the conservation and management measures adopted by the 
Commission, the Parties may take action, following the 
recommendations adopted by the Commission and in accordance 
with the Convention and international law, to deter such 
vessels from such activities until such time as appropriate 
action is taken by the flag State to ensure that such vessels 
do not continue those activities.

Article XIX, Implementation, Compliance and Enforcement by Fishing 
        Entities

    Article XIX provides that Article XVIII of the Antigua 
Convention applies, mutatis mutandis, to fishing entities that 
are members of the Commission. The phrase ``mutatis mutandis'', 
which also appears in Articles XXI, XXXVI.2 and Annex 1 
paragraph 5, means substitute ``fishing entity'' for ``Party'' 
when applying articles XVIII, XX, XXXVI.1 and Annex 1, 
paragraphs 1-4, respectively, to a fishing entity.

Article XX, Duties of Flag States

    Article XX.1 requires each Party, in accordance with 
international law, to take such measures as may be necessary to 
ensure that vessels flying its flag comply with the provisions 
of the Antigua Convention and the conservation and management 
measures adopted pursuant thereto, and that such vessels do not 
engage in any activity which undermines the effectiveness of 
such measures. A substantively identical provision appears as 
Article 18.1 of the 1995 UN Fish Stocks Agreement and Article 
III.1(a) of the Compliance Agreement.
    Article XX.2 provides that no Party shall allow any vessel 
entitled to fly its flag to be used for fishing for fish stocks 
covered by the Antigua Convention unless it has been authorized 
to do so by the appropriate authority or authorities of that 
Party. A similar provision appears as Article III.2 of the 
Compliance Agreement. Article 18.3 of the 1995 UN Fish Stocks 
Agreement sets out more extensive requirements in this regard.
    Paragraph 2 also provides that a Party is permitted to 
authorize the use of vessels flying its flag for fishing in the 
Convention Area only where it is able to exercise effectively 
its responsibilities in respect of such vessels under this 
Convention. A substantively identical provision appears as 
Article 18.2 of the 1995 UN Fish Stocks Agreement. A similar 
provision appears as Article III.3 of the Compliance Agreement.
    Article XX.3 provides an additional obligation on each 
Party to take such measures as may be necessary to ensure that 
vessels flying its flag do not fish in areas under the 
sovereignty or national jurisdiction of any other State in the 
Convention Area without the corresponding license, permit or 
authorization issued by the competent authorities of that 
State. A similar provision appears as Article 18.3(b)(iv) of 
the 1995 UN Fish Stocks Agreement.

Article XXI, Duties of Fishing Entities

    Article XXI provides that Article XX of the Antigua 
Convention applies, mutatis mutandis, to fishing entities that 
are members of the Commission.

                        PART V--CONFIDENTIALITY

Article XXII, Confidentiality

    Article XXII.1 requires the Commission to establish rules 
of confidentiality for all bodies and individuals given access 
to information pursuant to the Antigua Convention. The 
Commission is expected to establish these rules in due course. 
A similar requirement appears in article XVIII.1 of the AIDCP. 
It may be noted that the Parties to the AIDCP have adopted such 
rules, and it is likely that any IATTC rules would track them 
closely.
    Article I.15 of the 1949 Convention requires the Commission 
to adopt rules to ensure the confidential character of records 
of statistics of individual catches and individual company 
operations.
    Notwithstanding any confidentiality rules adopted pursuant 
to paragraph 1, Article XXII.2 permits any person with access 
to such confidential information to disclose it in connection 
with legal or administrative proceedings if requested by the 
competent authority concerned. A similar exception appears in 
article XVIII.2 of the AIDCP. No similar provision appears in 
the 1949 Convention.

                          PART VI--COOPERATION

Article XXIII, Cooperation and Assistance

    Article XXIII implements the requirements of Article 28, 
Forms of cooperation with developing States, of the 1995 UN 
Fish Stocks Agreement.
    Article XXIII.1 requires the Commission to seek to adopt 
measures relating to:
           technical assistance, technology transfer, 
        training and other forms of cooperation, and
           to assist developing countries that are 
        members of the Commission to fulfill their obligations 
        under the Antigua Convention.
    Article XXIII.1 also requires the Commission to seek to 
enhance the ability of developing countries that are members of 
the Commission to develop fisheries under their respective 
national jurisdictions and to participate in high seas 
fisheries on a sustainable basis.
    Article XXIII.2 requires the members of the Commission to 
facilitate and promote such cooperation, especially financial 
and technical, and the transfer of technology, as may be 
necessary for the effective implementation of Article XXIII.1.

Article XXIV, Cooperation with other Organizations or Arrangements

    Article XXIV.1 requires the Commission to cooperate with 
subregional, regional and global fishery organizations and 
arrangements and, as appropriate, to establish relevant 
institutional arrangements such as consultative committees, in 
agreement with such organizations or arrangements. The goal of 
such cooperation is to promote the achievement of the objective 
of the Antigua Convention, obtain the best available scientific 
information, and avoid duplication with respect to their work. 
A substantively identical provision appears as Article XIX of 
the AIDCP.
    Article XXIV.2 requires the Commission, in cooperation with 
the relevant organizations or arrangements, to adopt the rules 
of operation for the institutional arrangements established in 
accordance with paragraph 1 above. It is anticipated that the 
Commission will adopt these rules in due course.
    Article XXIV.3 and Article XXIV.4 are discussed above in 
connection with Article III.

                    PART VII--SETTLEMENT OF DISPUTES

Article XXV, Settlement of Disputes

    Article XXV.1 requires the members of the Commission to 
cooperate to prevent disputes. Any member is permitted to 
consult with one or more members about any dispute related to 
the interpretation or application of the provisions of the 
Convention to reach a solution satisfactory to all as quickly 
as possible. A similar provision appears as Article XX.1 of the 
AIDCP and Article IX.1 of the Compliance Agreement.
    Article XXV.2 provides that, if a dispute is not settled 
through such consultation within a reasonable period, the 
members in question shall consult among themselves as soon as 
possible in order to settle the dispute through any peaceful 
means they may agree upon, in accordance with international 
law. A similar provision appears as Article XX.2 of the AIDCP 
and Article IX.2 of the Compliance Agreement.
    Article XXV.3 provides that, when two or more members of 
the Commission agree that they have a dispute of a technical 
nature, and they are unable to resolve the dispute themselves, 
they may refer the dispute, by mutual consent, to a non-binding 
ad hoc expert panel constituted within the framework of the 
Commission in accordance with the procedures adopted for this 
purpose by the Commission. No such procedures have as yet been 
adopted by the Commission.
    The Panel is required to confer with the members concerned 
and to endeavor to resolve the dispute expeditiously without 
recourse to binding procedures for the settlement of disputes.
    No provision similar to paragraph 3 appears in the AIDCP, 
the Compliance Agreement, or the 1995 UN Fish Stocks Agreement.
    It should be noted that the Antigua Convention does not 
provide for compulsory and binding dispute settlement. At the 
same time, it does not negate the compulsory dispute settlement 
provisions of other agreements (e.g., LOS Convention and UN 
Fish Stocks Agreement) as between parties to those agreements.

                         PART VIII--NON-MEMBERS

Article XXVI, Non-Members

    Article XXVI addresses an issue not covered by the 1949 
Convention. It implements Article 33 of the 1995 UN Fish Stocks 
Agreement and is consistent with that Agreement and with 
Article XXII of the AIDCP.
    Article XXVI.1 requires the Commission and its members to 
encourage all States and REIOs and, as appropriate, fishing 
entities, that are not members of the Commission to become 
members of the Commission or to adopt laws and regulations 
consistent with the Antigua Convention. A substantively 
identical provision appears as Article XXII.1 of the AIDCP.
    Article XXVI.2 requires the members of the Commission to 
exchange information among themselves, either directly or 
through the Commission, with respect to activities of vessels 
of non-members that undermine the effectiveness of the Antigua 
Convention. A substantively identical provision appears as 
Article XXII.3 of the AIDCP.
    Article XXVI.3 requires the Commission and its members to 
cooperate, consistent with the Convention and international 
law, to jointly deter vessels of non-members from carrying out 
activities that undermine the effectiveness of the Antigua 
Convention. To that end, members are required, inter alia, to 
call to the attention of non-members such activities by their 
vessels. A substantively identical provision appears as Article 
XXII.2 of the AIDCP.

                       PART IX--FINAL PROVISIONS

Article XXVII, Signature

    Article XXVII.1 provides that the Convention is open for 
signature from November 14, 2003 through December 31, 2004.
    Article XXVII.1 also identifies the four categories of 
those eligible to sign the new Convention:
           States Parties to the 1949 Convention, i.e., 
        Costa Rica, Ecuador, E1 Salvador, France (on behalf of 
        Clipperton Island and French Polynesia), Guatemala, 
        Mexico, Nicaragua, Japan, Panama, Peru, United States, 
        Vanuatu and Venezuela.
           States not party to the 1949 Convention with 
        a coastline in the Convention Area, i.e., Canada, 
        Chile, Colombia, and Honduras. It should be noted that 
        El Salvador denies that Honduras has a coastline in the 
        Convention Area, notwithstanding the contrary decision 
        of the Chamber of the International Court of Justice in 
        the Case Concerning the Land, Island and Maritime 
        Frontier Dispute (El Salvador v. Honduras; Nicaragua 
        intervening), 1992 ICJ Rep. 351, 617.
           States and regional economic integration 
        organizations (REIOs) not party to the 1949 Convention 
        whose vessels have fished for fish stocks covered by 
        the Convention at any time during the four years 
        preceding adoption of the Convention on June 27, 2003, 
        and that participated in the negotiation of the Antigua 
        Convention, i.e., China, Korea, and the EU on behalf of 
        Spain.
           Other States not party to the 1949 
        Convention whose vessels have fished for fish stocks 
        covered by the Convention at any time during the four 
        years preceding adoption of the Convention on June 27, 
        2003, following consultation with the Parties to the 
        1949 Convention, i.e. Belize, Bolivia, and Honduras. 
        This latter provision was added at the insistence of EI 
        Salvador in light of its territorial dispute with 
        Honduras. The nature and scope of the required 
        consultations is undefined. However, no State can block 
        the signature of a State that meets these conditions.
    Of the 22 States and REIO eligible to sign the Antigua 
Convention, five States signed the Convention when it opened 
for signature on November 14, 2003: Costa Rica, France, Mexico, 
Peru and the United States. Since then, six more States have 
signed the Convention: Nicaragua (on November 21, 2003), 
Guatemala (on January 6, 2004), China (on March 3, 2004), 
Ecuador (on April 14, 2004), Venezuela (on May 12, 2004), El 
Salvador (May 13, 2004).
    Article XXVII.2 limits the ability of a member State of a 
regional economic integration organization referred to in 
paragraph 1 above to sign the Convention unless it represents a 
territory that lies outside the scope of the treaty 
establishing the organization and provided that such member 
State's participation is limited to representing only the 
interests of that territory. At the present time, this 
provision permits France (as a member of the EU) to sign the 
Convention and represent only the interests of Clipperton 
Island and French Polynesia; no other member State of the ED 
has territory in the Convention Area.

Article XXVIII, Fishing Entities

    Article XXVIII provides the procedures for a fishing 
entity, such as Taiwan, to join the Antigua Convention.
    Article XXVIII.1 permits any fishing entity whose vessels 
have fished for fish stocks covered by the Antigua Convention 
at any time during the four years preceding the adoption of the 
Convention to express its firm commitment to abide by the terms 
of the Convention and comply with any conservation and 
management measures adopted pursuant thereto. The mechanism for 
doing so is to sign, during the period the Convention is open 
for signature (as set out in Article XXVII.1), an instrument 
drafted to this effect in accordance with a resolution adopted 
by the Commission under the 1949 Convention, and/or during or 
after this period, provide a written communication to the 
Depositary in accordance with a resolution adopted by the 
Commission under the 1949 Convention. As noted below regarding 
Article XXXVII, the Depositary is required to promptly provide 
a copy of this communication to all signatories and Parties.
    On June 27, 2003, the 70th meeting of the IATTC adopted 
Resolution C-03-02 on the adoption of the Antigua Convention 
that, inter alia, called upon the fishing entities referred to 
in Article XXVIII to sign the instrument referred to in that 
article drafted in accordance with the text attached to this 
resolution as Annex A. At the same time, the IA TTC adopted 
Resolution C-03-09 inviting Taiwan to sign that instrument in 
its character as a fishing entity under the name Chinese 
Taipei. These resolutions are available at http://
www.iattc.org/ResolutionsENG.htm.
    On November 14, 2003, Taiwan signed the instrument (as 
Chinese Taipei) in the form attached as Annex A to IA TTC 
Resolution C-03-02 adopting the Convention. In that instrument, 
Taipei declared its firm commitment to abide by the terms of 
the Antigua Convention and to comply with any conservation and 
management measures adopted pursuant thereto and to fulfill its 
obligations as a member of the Commission in accordance with 
the provisions of the Antigua Convention, subject to 
confirmation.
    Article XXVIII.2 provides that the commitment expressed 
pursuant to paragraph 1 above is effective from the date of 
entry into force of the Convention pursuant to Article XXXI.1, 
or on the date of the written communication referred to in 
paragraph 1 above, whichever is later.
    Article XXVIII.3 permits any fishing entity to express its 
firm commitment to abide by the terms of the Convention as it 
may be amended pursuant to. Articles XXXIV or XXXV, by 
providing a written communication to this effect to the 
Depositary in accordance with the resolution referred to in 
paragraph 1 above.
    Article XXVIII.4 provides that the commitment expressed 
pursuant to paragraph 3 above is effective from the dates 
referred to in Article XXXIV.3 and Article XXXV.4 or on the 
date of the written communication referred to in paragraph 3 
above, whichever is later.

Article XXIX, Ratification, Acceptance or Approval

    Article XXIX provides that signature is subject to 
ratification, acceptance or approval in accordance with the 
domestic laws and procedures of the signatories.

Article XXX, Accession

    Article XXX provides that the Convention ``remains'' open 
for accession. As this article does not expressly state that it 
is not open for accession until after the period for signature 
has expired, it appears that the Conventions open for accession 
from the date on which it is open for signature.
    Those eligible to accede are States and REIOs:
           eligible to sign the Convention under 
        Article XXVII;
           whose vessels fish for fish stocks covered 
        by the Convention, following consultation with the 
        Parties. In contrast to Article XXVII.2, there is no 
        specific time period mentioned. ``Parties'' here refers 
        to Parties to the Antigua Convention. The nature and 
        scope of the required consultations is undefined. 
        However, no State can block the accession of a State 
        that meets these conditions.
           otherwise invited to accede on the basis of 
        a decision by the Parties taken by consensus of all 
        Parties pursuant to Article IX.2. Members of the 
        Commission that are not Parties (i.e., fishing 
        entities) may express their views on this decision 
        which the Parties are required to take into account in 
        reaching the final decision. Thus El Salvador but not 
        Taiwan, for example, is empowered to block an 
        invitation to another State or REIO to join the 
        Convention under Article IX.2

Article XXXI, Entry into Force

    Article XXXI.1 provides the Antigua Convention will enter 
into force 15 months after deposit with the Depository of the 
seventh instrument of ratification, acceptance, approval or 
accession of the Parties to the 1949 Convention. The thirteen 
Parties to the 1949 Convention on November 14, 2003, were Costa 
Rica, Ecuador, El Salvador, France, Guatemala, Japan, Mexico, 
Nicaragua, Panama, Peru, United States, Vanuatu and Venezuela. 
This provision significantly improves the likelihood that the 
new Convention will enter into force in a timely manner. The 
original proposal would have required ratification by all 
Parties to the 1949 Convention, as does the 1999 Protocol. 
Deposit of instruments consenting to be bound from States not 
Party to the 1949 Convention at the time of adoption of the new 
Convention does not count toward the required seven 
instruments.
    Article XXXI.2 provides that, after the entry into force of 
the Convention, with respect to each State or regional economic 
integration organization that meets the requirements of Article 
XXVII or Article XXX, the Convention enters into force 30 days 
following the deposit of its instrument of ratification, 
acceptance, approval or accession.
    Article XXXI.3 provides that upon entry into force of the 
Antigua Convention, it shall prevail, as between Parties to it 
and the 1949 Convention, over the 1949 Convention.
    Paragraphs 4 and 5 of Article XXXI, along with Article VI, 
are designed to ensure the continuity of the Commission upon 
entry into force of the Antigua Convention.
    Article XXXI.4 provides that upon entry into force of the 
Antigua Convention, conservation and management measures and 
other arrangements adopted by the Commission under the 1949 
Convention remain in force until such time as they expire, are 
terminated by a decision of the Commission, or are replaced by 
other measures or arrangements adopted pursuant to the Antigua 
Convention.
    Article XXXI.5 provides that upon the entry into force of 
the Antigua Convention, a Party to the 1949 Convention that has 
not yet consented to be bound by the Antigua Convention is 
deemed to remain a member of the Commission unless such Party 
elects not to remain a member of the Commission by so notifying 
the Depository in,writing prior to entry into force of the 
Antigua Convention.
            Termination of 1949 Convention
    Article XXXI.6 provides that the 1949 Convention will 
terminate upon entry into force of the new Convention for all 
Parties to the 1949 Convention. To prevent any new party to the 
1949 Convention from preventing termination of that Convention, 
the United States intends to condition its approval for such a 
new party to join the 1949 Convention on contemporary accession 
to the Antigua Convention.

Article XXXII, Provisional Application

    Article XXXII of the new Convention provides that a State 
may apply the new Convention provisionally during the period 
between entry into force of the new Convention and entry into 
farce of the new Convention for that State.
    A similar provision appears as Article 41 of the 1995 UN 
Fish Stocks Agreement and article XXIX of the AIDCP.

Article XXXIII, Reservations

    Article XXXIII provides that no reservations may be made to 
the Antigua Convention. The provision was considered necessary 
to maintain the ability of the IATTC to adopt conservation and 
management measures that, having been adopted by consensus, 
would be applicable to all members of the Commission. The 1995 
UN Fish Stocks Agreement (Article 42) and the AIDCP (Article 
XXVIII) both have a similar provision prohibiting reservations.

Article XXXIV, Amendments

    Article XXXIV regulates amendments to the Convention. 
Article XXXV (below) pertains to amendments to Annexes to the 
Convention.
    Article XXXIV.1 permits any member of the Commission to 
propose an amendment to the Convention by providing to the 
IATTC Director the text of a proposed amendment at least 60 
days in advance of a meeting of the Commission. The Director is 
required to provide a copy of this text to all other members 
promptly.
    Article XXXIV.2 provides that amendments to the Convention 
are to be adapted in accordance with Article IX.2 of the 
Convention, i.e., by consensus of all Parties to the 
Convention.
    Article XXXIV.3 provides that amendments to the Convention 
enter into force 90 days after all Parties to the Convention at 
the time the amendments were approved have deposited their 
instruments of ratification, acceptance or approval of the 
amendments with the Depositary. It is anticipated that any 
amendments to the Convention would be submitted to the Senate 
for its advice and consent.
    Article XXXIV.4 provides that States or regional economic 
integration organizations that become Parties to the Convention 
after the entry into force of amendments to the Convention or 
its annexes are considered to be Party to the Convention as 
amended.

Article XXXV, Annexes

    Article XXXV.1 provides that the Annexes to the Convention 
form an integral part thereof and, unless expressly provided 
otherwise, a reference to the Convention includes a reference 
to the Annexes.
    Paragraphs 2-4 of this article provide the procedures for 
amending the Annexes.
    Article XXXV.2 provides that, as with amendments to the 
Convention, any member of the Commission may propose an 
amendment to an Annex by providing to the Director the text of 
a proposed amendment at least 60 days in advance of a meeting 
of the Commission. The Director is required to provide a copy 
of this text to all other members promptly.
    Article XXXV.3 provides that, as with amendments to the 
Convention, amendments to the Annexes are to be adopted in 
accordance with Article IX.2 of the Convention, i.e., by 
consensus of all Parties to the Convention.
    Article XXXV.4 provides that, in contrast to amendments to 
the Convention, unless otherwise agreed, amendments to an Annex 
enter into force for all members of the Commission 90 days 
after their adoption pursuant to paragraph 3 of this Article.
    The annexes to the Convention relate to provisions in the 
body of the Convention concerning various institutions, as well 
as information related to Parties' national records of flag 
State vessels. In the event that an annex amendment were 
proposed (presumably in conjunction with an amendment to the 
body of the Convention) that was of such a nature that it 
needed to be sent to the Senate for advice and consent in order 
for the United States constitutionally to be bound by it, the 
Executive Branch would take the necessary steps to ensure that 
such an amendment did not enter into force for the United 
States absent such advice and consent (e.g., by preventing the 
adoption of such an amendment, or by linking its entry into 
force pursuant to Article XXXV.4 to the entry into force of the 
corresponding amendment to the body of the Convention).

Article XXXVI, Withdrawal

    Article XXXVI.1 provides that any Party may withdraw at any 
time after twelve months from the date on which the Antigua 
Convention entered into force with respect to that Party by 
giving written notice of withdrawal to the Depositary. As noted 
below, the Depositary is required to inform the other Parties 
of the withdrawal within 30 days of receipt of such notice. 
This paragraph provides that the withdrawal becomes effective 
six months after receipt of the notice by the Depositary.
    Article XXXVI.2 provides that this article applies, mutatis 
mutandis, to any fishing entity with respect to its commitment 
under Article XXVIII of the Convention.

Article XXXVII, Depositary

    As the United States is the depositary of the 1949 
Convention, Article XXXVII provides that the United States will 
serve as Depositary of the new Convention. As such, the Treaty 
Office of the Department of State will be required to fulfill 
the normal functions of a depositary as reflected in Article 77 
of the Vienna Convention on the Law of Treaties. Some of these 
functions are expressly mentioned in Articles XXVIII.1(b) 
(Fishing Entities), XXXI (Entry into Force), XXXII (Provisional 
Application), XXXIV.3 (Amendments), XXXVI (Withdrawal), and 
XXXVII (Depositary) of the Antigua Convention. IATTC Resolution 
C-03-02, on the adoption of the Antigua Convention, calls upon 
the Depositary to inform the Parties to the 1949 Convention 
when the conditions for entry into force of the Antigua 
Convention have been met and to remind them of the relevant 
provisions of that resolution.

                                ANNEXES

    The Convention has four Annexes.

Annex 1, Guidelines and Criteria for the Establishment of Records of 
        Vessels

    In applying Article XII.2(k), Administration, paragraph 1 
requires each Party to maintain a record of vessels entitled to 
fly its flag and authorized to fish in the Convention Area for 
fish stocks covered by the Convention. Paragraph 1 details the 
information for all such vessels to be entered in that record. 
The requirements of Annex 1 track precisely the requirements of 
a June 2000 IATTC Resolution for the establishment of a such a 
Regional Vessel Register.
    Paragraph 2 permits the Commission to exempt vessels from 
these requirements on the basis of their length or other 
characteristic.
    Paragraph 3 requires each Party to provide the IATTC 
Director, in accordance with the procedures established by the 
Commission, the information referred to in paragraph 1 above, 
and to promptly notify the Director of any modification to such 
information.
    Paragraph 4 requires each Party to inform the Director of 
additions and deletions to the record and the reasons for the 
deletion of any vessel.
    Paragraph 5 provides that Annex 1 applies, mutatis 
mutandis, to fishing entities that are members of the 
Commission.

Annex 2, Principles and Criteria for the Participation of Observers at 
        Meetings of the Commission

    Annex 2 sets out the principles and criteria for the 
participation of observers at meetings of the Commission.

Annex 3, Committee for the Review of Implementation of Measures Adopted 
        by the Commission

    Annex 3 prescribes the functions of the Committee for the 
Review of Implementation Measures Adopted by the Commission 
established under Article X of the Convention. As noted 
earlier, these functions correspond in all substantive ways to 
the existing functions of the Permanent Working Group on 
Compliance established by the IATTC through a resolution 
adopted at the Commission's June 1999 Annual Meeting.

Annex 4, Scientific Advisory Committee

    Annex 4 prescribes the functions of the Scientific Advisory 
Committee established under Article XI of the Convention. As 
noted earlier, the provisions of the Annex and Article XI of 
the Convention are intended primarily to codify the existing 
practice for Parties to have input in the scientific work and 
analysis conducted by the IATTC staff through what is currently 
called the Working Group on Stock Assessment. The new 
provisions may, in fact, provide more opportunity for 
scientists from member countries, including the United States, 
and fishing entities to have input in such scientific work of 
the Commission. 


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