Bill 206.

Summary.

The bill proposes to approve in full the Protocol to Amend the International Convention for the Conservation of Atlantic Tunas, done in Rio de Janeiro. The Protocol was done in Palma de Mallorca, Spain, and refers to ICCAT Recommendation [Rec. 12-10], ICCAT Resolution [Res. 19-13] and ICCAT Recommendation [Rec. 19-01]. Its revised preamble covers oceanic, pelagic and highly migratory elasmobranchs alongside tunas and tuna-like species, with aims of long-term conservation and sustainable use. It also requires the Convention to be interpreted consistently with international law, without prejudicing states’ rights, jurisdiction or obligations.

The text revises the membership and operation of the International Commission for the Conservation of Atlantic Tunas (Comisión Internacional para la Conservación del Atún del Atlántico). Each contracting party would be a member represented by no more than three delegates. The Commission would generally decide by consensus and, where consensus is unavailable, by a two-thirds majority of members present casting an affirmative or negative vote, unless a special rule applies. It governs quorum, meetings, election of officers, public sessions, official languages, rules and reports. It adds duties to apply precautionary and ecosystem approaches, use the best available scientific evidence, protect biodiversity, ensure fairness and transparency, and recognize the needs of developing members.

Through renumbering and amendment of Convention articles, the Commission would study ICCAT species and other species caught while fishing for them, gather statistical and scientific information, and publish its findings. The Protocol governs the Council, subcommissions and Executive Secretary, including their research, budget, staffing and reporting functions. The Commission could make science-based recommendations to conserve stocks and associated species. The text sets out how recommendations are proposed and when they take effect: ordinarily four months after notification and never in less than three months. Members could object within the applicable period through a written explanation based on specified grounds and could later withdraw an objection. The Executive Secretary would circulate objections and withdrawals and notify members when recommendations take effect.

A new article provides for consultations to resolve disputes, an ad hoc expert panel for technical questions and, on a joint request, final and binding arbitration. These mechanisms would apply to acts, facts or situations arising after that article enters into force, while allowing procedures under other applicable treaties. Members would adopt measures to comply with the Convention, report periodically to the Commission and provide available scientific data. The text also provides for voluntary collection of information from private companies and fishers and for an international enforcement system outside waters subject to a state’s fisheries jurisdiction.

The Protocol governs the biennial budget, annual contributions, arrears, possible suspension of voting rights, a Working Capital Fund and independent audits. It provides for working relations with the Food and Agriculture Organization of the United Nations (Organización de las Naciones Unidas para la Alimentación y la Agricultura), cooperation with other fisheries commissions and scientific organizations, and observers connected with the United Nations (Naciones Unidas). It amends the rules for withdrawal from the Convention and for future amendments, including those imposing new obligations. It makes the annexes integral to the Convention and updates provisions on signature, accession, economic integration organizations, notifications and deposit of the original text.

Annex 1 develops the rules for forming an arbitral tribunal and the final and binding nature of its decisions. Annex 2 governs the written undertaking, participation, rights, obligations and disputes of the fishing entity covered by Resolution 19-13, while excluding entities that obtain cooperating status later from equivalent treatment. The Protocol sets out its deposit, signature in Palma de Mallorca and Rome, and entry into force according to the required acceptances; it also allows provisional implementation by other contracting parties. The bill’s final article provides that the proposed law would take effect upon promulgation. Its subject matter concerns the National Assembly (Asamblea Nacional), the Commission, ICCAT, the Food and Agriculture Organization of the United Nations and the United Nations, as well as tuna fishing, tuna processing, fishing companies and marine research.