The original texts of this Convention shall be deposited with the Government of the United States of America, which shall send certified copies thereof to the signatories and to the Parties, and to the Secretary-General of the United Nations for registration and publication, in accordance with Article 102 of the Charter of the United Nations.
IN WITNESS WHEREOF, the undersigned Plenipotentiaries, duly authorized by their respective Governments, have signed this Convention.
DONE at Washington, on November 14, 2003, in the Spanish, English, and French languages, all three texts being equally authentic.
1. In the application of Article XII, paragraph 2, subparagraph (k), of this Convention, each Party shall maintain a record of vessels entitled to fly its flag and authorized to fish for fish stocks covered by this Convention in the Convention Area, and shall ensure that, for all fishing vessels with these characteristics, the record contains the following information:
(a) Name of the vessel, registration number, previous names (if known), and port of registry; (b) A photograph of the vessel showing its registration number; (c) Name and address of owner or owners; (d) Name and address of operator(s) and/or manager(s), if applicable; (e) Previous flag (if known and where applicable); (f) International radio call sign (if applicable); (g) Place and date of construction; (h) Type of vessel; (i) Type of fishing method(s); (j) Length overall, beam, and moulded depth; (k) Gross tonnage; (l) Power of main engine or engines; (m) Nature of the authorization to fish granted by the flag State; (n) Type of freezing plant, freezing plant capacity, and number and capacity of fish holds.
2. The Commission may decide to exempt vessels from the requirements of paragraph 1 of this Annex, due to their length or other characteristic.
3. Each Party shall provide the Director, in accordance with the procedures established by the Commission, the information referred to in paragraph 1 of this Annex and shall notify the Director, as soon as possible, of any modification to this information.
4. Each Party shall also inform the Director as soon as possible of:
(a) any addition to the record; (b) any deletion made from the record due to:
i. the voluntary relinquishment or non-renewal of the fishing authorization by the owner or operator of the vessel; ii. the withdrawal of the fishing authorization issued to the vessel in accordance with Article XX, paragraph 2, of this Convention; iii. the fact that the vessel is no longer entitled to fly its flag; iv. the scrapping, retirement, or loss of the vessel; and v. any other reason, specifying which of the reasons listed above are applicable.
5. This Annex shall apply mutatis mutandis to the fishing entities that are members of the Commission.
1. The Director shall invite to meetings of the Commission, convened in accordance with Article VIII of this Convention, intergovernmental organizations whose work is relevant to the implementation of this Convention, as well as non-Party States interested in the conservation and sustainable use of fish stocks covered by this Convention that so request.
2. The non-governmental organizations (NGOs) contemplated in Article XVI, paragraph 2, of this Convention shall have the right to participate as observers in all meetings of the Commission and its subsidiary bodies convened in accordance with Article VIII of this Convention, with the exception of meetings held in executive session and meetings of Heads of Delegation.
3. Any NGO wishing to participate as an observer in a meeting of the Commission must request it from the Director at least fifty (50) days before the meeting. The Director shall notify the members of the Commission of the names of such NGOs, together with the information referred to in paragraph 6 of this Annex, at least forty-five (45) days before the start of the meeting.
4. If a meeting of the Commission is held for which notice of less than fifty (50) days is given, the Director shall have greater flexibility with respect to the time limits established in paragraph 3 of this Annex.
5. An NGO wishing to participate in the meetings of the Commission and its subsidiary bodies may be authorized to do so on an annual basis, subject to the provisions of paragraph 7 of this Annex.
6. The participation requests contemplated in paragraphs 3, 4, and 5 of this Annex shall include the name of the NGO and the address of its offices, and a description of its mission and how it and its activities relate to the work of the Commission. Such information, if necessary, shall be updated.
7. An NGO wishing to participate as an observer may do so except when at least one-third of the members of the Commission present a written, justified objection to said participation.
8. Any observer admitted to a meeting of the Commission shall be sent, or otherwise provided with, the same documentation generally available to the members of the Commission, except documents containing confidential business data.
9. Any observer admitted to a meeting of the Commission may:
(a) attend the meetings, subject to the provisions of paragraph 2 of this Annex, but may not vote; (b) make oral statements during the meetings, at the invitation of the President; (c) distribute documents at the meetings, with the authorization of the President; and (d) carry out other activities, as appropriate and with the approval of the President.
10. The Director may require observers from non-Party States and from NGOs to pay reasonable fees, and to cover the expenses attributable to their attendance.
11. Any observer admitted to a meeting of the Commission shall comply with all rules and procedures applicable to other participants in the meeting.
12. Any NGO that does not comply with the requirements of paragraph 11 of this Annex may not participate in future meetings, unless the Commission decides otherwise.
The functions of the Committee for the Review of Implementation of Measures Adopted by the Commission, established in accordance with Article X of this Convention, shall be as follows:
(a) to examine and monitor compliance with the conservation and management measures adopted by the Commission, as well as the cooperation measures referred to in Article XVIII, paragraph 9, of this Convention; (b) to analyze information by flag or, when flag-specific information is not applicable to the case in question, by vessel, as well as any other information necessary to carry out its functions; (c) to provide the Commission with information, technical advice, and recommendations regarding the implementation and enforcement of conservation and management measures; (d) to recommend to the Commission ways to promote the compatibility of the fishery management measures of the members of the Commission; (e) to recommend to the Commission ways to promote the effective application of Article XVIII, paragraph 10, of this Convention; (f) in consultation with the Scientific Advisory Committee, to recommend to the Commission the priorities and objectives of the data collection and monitoring program established in Article VII, paragraph 1, subparagraph (i), of this Convention, and to analyze and evaluate the results thereof; (g) to carry out such other functions as the Commission may assign.
The functions of the Scientific Advisory Committee, established in accordance with Article XI of this Convention, shall be as follows:
(a) to examine the research plans, proposals, and programs of the Commission, and to provide the Commission with such advice as it deems appropriate; (b) to examine the assessments, analyses, research, or other pertinent work, as well as the recommendations prepared for the Commission by its scientific staff, prior to their consideration by the Commission, and to provide additional information, advice, and comments to the Commission on these subjects, as appropriate; (c) to recommend to the Commission specific topics and subjects to be studied by the scientific staff as part of their future work; (d) in consultation with the Committee for the Review of Implementation of Measures Adopted by the Commission, to recommend to the Commission the priorities and objectives of the data collection and monitoring program established in Article VII, paragraph 1, subparagraph (i), of this Convention, and to analyze and evaluate the results thereof; (e) to assist the Commission and the Director in seeking sources of funding to carry out research undertaken within the framework of this Convention; (f) to encourage and promote cooperation among the members of the Commission, through their research institutions, in order to expand knowledge and understanding of the fish stocks covered by this Convention; (g) to promote and facilitate, as appropriate, the cooperation of the Commission with other public or private organizations, national or international, having similar objectives; (h) to consider any matter submitted to it by the Commission; and (i) to perform such other functions and tasks as may be requested or assigned by the Commission.
Takes effect upon its publication.
Done at the Presidency of the Republic.—San José, on the thirteenth day of February, two thousand nine.