"Based on resolution C-04-09 regarding a multi-year program on the Conservation of tunas in the Eastern Pacific Ocean for 2004, 2005, and 2006. The Inter-American Tropical Tuna Commission (IATTC): Recognizes, based on previous if fishing effort is excessive: bearing in mind that the Resolution on the conservation of yellowfin and bigeye tunas in the Eastern Pacific Ocean approved by the IATTC at its 69th meeting in Manzanillo (Mexico), encourages states and fishing entities with large-scale tuna longline vessels (LSTLV) to undertake initiatives similar to that of Japan, that is, a 20% reduction of its fleet, in accordance with the FAO International Plan of Action, Aware with serious concern that, despite the aforementioned Resolution, the catch of bigeye by LSTLVs and their fishing capacity continue to grow in the Eastern Pacific Ocean (EPO), Taking into account the best scientific information available, reflected in the staff recommendations and in the report of the meeting of the Working Group on Stock Assessment in May 2004; and Considering that the studies of yellowfin and bigeye tunas presented at this meeting demonstrate that both stocks are below a level that would produce the average maximum sustainable yield (MSY).
Recognizing the importance of urging the Western and Central Pacific Fisheries Commission to adopt appropriate conservation measures for tuna stocks in that region; Resolves as follows:
1. That this resolution is applicable in 2004, 2005, and 2006 to purse-seine vessels fishing for yellowfin, bigeye, and skipjack tunas, and to longline vessels. 2. Baitboat and sport-fishing vessels are not subject to this resolution. 3. That fishing by purse-seine tuna vessels in the EPO, defined as the area between the coastline of the American continent and the meridian of 150°W from the parallel of 40°N to the parallel of 40°S, shall be closed for 2004, 2005, and 2006, either (1) from 0000 hours on 1 August to 2400 hours on 11 September; or (2) from 0000 hours on 20 November to 2400 hours on 31 December. 4. Each Party to the IATTC, cooperating non-contracting party, fishing entity, or regional economic integration organization (collectively "CPC") shall choose, for each year, which of the two specified periods shall be closed to purse-seine fishing for all its vessels, and shall notify the Director of its decision before 15 July. All vessels of a national fleet shall cease purse-seine fishing during the chosen period. 5. Each vessel that fishes during 2004, 2005, and 2006, regardless of the flag under which it operates or whether it changes flag during the year, must observe the closure period to which it was committed on 15 July of each year. 6. To prohibit landings, transshipments (transbordos), and commercial transactions of tuna or tuna products that have been positively identified as originating from fishing activities that contravene this resolution. The Director may provide pertinent information to the Parties to support them in this regard. The Commission shall develop transparent and non-discriminatory criteria and procedures for adopting restrictive trade measures consistent with international law and the provisions of the World Trade Organization to promote compliance in the EPO. 7. Each CPC, for the purse-seine fisheries:
7.1. No later than 45 days before the date of entry into force of a closure: 7.1.1. shall take the necessary legal and administrative measures to implement the closure; 7.1.2. shall inform all interested parties in its national tuna industry of the closure; 7.1.3. shall inform the Director that these steps have been taken. 7.2 In the case of the closures of 2004, 2005, and 2006, shall ensure that at the commencement of the closure, and for its entire duration, all purse-seine tuna vessels fishing for yellowfin, bigeye, and skipjack tunas and flying its flag in the EPO are in port, except that vessels carrying an observer from the AIDCP On-Board Observer Program may remain at sea, provided they do not fish. The only other exception to this provision shall be that vessels carrying an observer from the AIDCP On-Board Observer Program may leave port during the closure, provided they do not fish.
8. China, Japan, Korea, and Chinese Taipei shall take the necessary measures to ensure that their total annual longline catch of bigeye tuna in the EPO during 2004, 2005, and 2006 does not exceed the following catch levels:
| China | 2,639 metric tons |
|---|---|
| Japan | 34,076 metric tons |
| Korea | 12,576 metric tons |
| Chinese Taipei | 7,953 metric tons |
Other CPCs shall take the necessary measures to ensure that their total annual longline catch of bigeye tuna in the EPO during 2004, 2005, and 2006 does not exceed their respective 2001 catch levels. Each CPC with LSTLVs shall provide monthly catch reports to the Director. 9. The IATTC Scientific Working Group shall analyze, in 2005 and 2006, the effect of these measures on the stocks, and shall propose, if necessary, appropriate measures to the Commission in 2005 and 2006 for its consideration. 10. Every CPC shall comply with this resolution. 11. This resolution replaces Resolution C-03-12. Therefore, it is agreed:
1. To grant tuna fishing licenses with purse seine during the periods (1) from 00.00 hours on 1 August to 24.00 hours on 11 September; or (2) from 00.00 hours on 20 November to 24.00 hours on 31 December. The foregoing based on the official lists of vessels that the IATTC shall send for each period, as vessels authorized to fish. 2. Those vessels that hold a valid national purse-seine fishing license in a period during which they are not authorized to fish according to the official IATTC information are prohibited from conducting activities in the patrimonial waters of Costa Rica during said period. 3. The tuna processing plants established in Costa Rica, in order to carry out a tuna landing during any of the closure periods, are obliged to request prior authorization from the national authority of INCOPESCA before the IATTC. The national authority, via electronic mail, as soon as possible, shall send the request to the IATTC Director, noting the name of the tuna vessel, flag, tonnage of tuna estimated to be landed, and approximate date for the landing, in order to verify that the tuna in question was caught without violating the closure. In the event that the Director of the IATTC Secretariat communicates that the consulted shipment does not comply with the closure or there are fundamental doubts regarding compliance, the national authority shall communicate to the tuna industry and to the Vessel Agencies representing the vessel, the denial of landing the tuna in Costa Rican territory and also the denial of conducting any transshipment (trasbordo) operation in Costa Rican patrimonial waters. The national authority and the IATTC Secretariat are urged to process, as soon as possible, the consultations on the verification of compliance with the closure, so as not to hinder the operations of the Costa Rican tuna industries in time. 4. Internal communication by the National Authority must be carried out via facsimile. 5. This agreement must be officially communicated to the tuna processing companies and the vessel agencies representing foreign-flagged tuna vessels, and to the IATTC Director, Dr. Robin Allen."