only in accordance with approved budgets. It is not contemplated that any such investigations conducted by Commission personnel or equipment would include field operations. (2) The need for thorough consideration of the problems facing the Commission is paramount, and considerable time will be needed for assembling the material required for a determination of those problems. An informal interim committee of biologists might well be asked to assemble such material in advance of the coming into effect of the Convention, and the Government of Canada might take the initial measures to this end. 4. Statistics: It is important, for purposes of the Convention, that improved statistics of the commercial fisheries in the Convention area should be collected and the Commission should have responsibility for the compilation and distribution of the fishery statistics furnished by the Contracting Governments in such form and at such times as the Commission may require. IV The International Northwest Atlantic Fisheries Conference REQUESTS: That as soon as possible after entry into force of the International Convention for the Northwest Atlantic Fisheries the Depositary Government initiate steps for the holding of the first meeting of the International Commission for the Northwest Atlantic Fisheries at some place in North America, without prejudice, however, to the determination of the ultimate location of the seat of the Commission. V The International Northwest Atlantic Fisheries Conference RECEIVED: The following joint statement from the French and Spanish Delegations: "In the course of the Conference the French and Spanish Delegations have requested that the definition of coastal limits in the Convention area be put in said Convention. "The Conference did not meet their request, considering that any discussion on this subject would lead to a definition of territorial waters and this matter was formally declared by the Conference out of its competence. "The French and Spanish Delegations had to yield to the above decision. "Consequently they cannot agree to paragraph 2 of Article I which, in their innermost belief, is a meddling of the Conference in the aforesaid matter." VI The International Northwest Atlantic Fisheries Conference RECORDS: That, the Italian Delegation, not having received from its Government specific instructions on the text of paragraph 2 of Article I, as embodied in the Second Interim Draft of the Convention, abstained from voting on acceptance of that paragraph. IN WITNESS WHEREOF the following representatives have signed this Final Act. DONE in Washington this eighth day of February 1949 in the English language, the original of which shall be deposited with the Government of the United States of America. The Government of the United States of America shall transmit certified copies thereof to all the other Governments represented at the Conference. For Canada: STEWART BATES. A WH NEEDLER FREEMAN M TOVELL. FH WOODING For Denmark: B DINESEN Å VEDEL TÅNING F. H. KJOLSEN LAUR. THYGESEN For His Majesty's Government in the United Kingdom and the Government of Newfoundland in respect of Newfoundland: R GUSHUE W. TEMPLEMAN For Norway: KLAUS SUNNANAA GUNNAR ROLLEFSEN FINN BRYHNI. KNU VARTDAL For Portugal: MANUEL CARLOS QUINTÃO MEYRELLES For Spain: GERMÁN BARÁIBAR ALVARO GUITÁN J RUIZ MORALES PEDRO DE ESPADA Cap. frag. For the United Kingdom of Great Britain and Northern Ireland: A. T. A. DOBSON A. J. AGLEN For the United States of America: W. M. CHAPMAN WILLIAM E. S. FLORY HILARY J. DEASON FREDERICK L. ZIMMERMANN WAYNE D. HEYDECKER MILTON C JAMES PATRICK MCHUGH HAROLD C MOORE THOMAS A. FULHAM Observers: For the Food and Agriculture Organization of the United Nations: For the International Council for the Exploration of the Sea: A. T. A. DOBSON ALFREDO DE MAGALHÃES RAMALHO [SEAL] CLARKE L. WILLARD [Senate, Executive P, 81st Cong., 1st sess. MESSAGE FROM THE PRESIDENT OF THE UNITED STATES TRANSMITTING A CONVENTION BETWEEN THE UNITED STATES OF AMERICA AND COSTA RICA FOR THE ESTABLISHMENT OF AN INTER-AMERICAN TROPICAL TUNA COMMISSION, SIGNED AT WASHINGTON, MAY 31, 1949 To the Senate of the United States: THE WHITE HOUSE, June 22, 1949. With a view to receiving the advice and consent of the Senate to ratification, I transmit herewith a convention between the United States of America and Costa Rica for the establishment of an Inter-American Tropical Tuna Commission, signed at Washington, May 31, 1949. I transmit also, for the information of the Senate, the report which the Acting Secretary of State has addressed to me in regard to this convention. The purpose of this convention has my approval and I recommend the convention to the favorable consideration of the Senate. HARRY S. TRUMAN. (Enclosures: (1) Report by the Acting Secretary of State, (2) convention for the establishment of an Inter-American Tropical Tuna Commission, Washington, May 31, 1949.) The PRESIDENT, The White House: DEPARTMENT OF STATE, The undersigned, the Acting Secretary of State, has the honor to lay before the President, with a view to its transmission to the Senate to receive the advice and consent of that body to ratification, if his judgment approve thereof, a convention between the United States of America and Costa Rica for the establishment of an Inter-American Tropical Tuna Commission, signed at Washington May 31, 1949. The convention has for its purpose the making of a joint study and the gathering and interpretation of factual information with a view to maintaining the populations of the fishes covered by the convention at a level which will permit maximum utilization year after year without depletion. This will be done through the joint Commission, composed of a United States section and a Costa Rican section, provided for in article I. In these respects the present convention is similar to the convention between the United States and Mexico for the establishment of an international commission for the scientific investigation of tuna, signed at Mexico City January 25, 1949, and which is now pending before the Senate. In a number of other respects the present convention is quite different. It covers particularly certain tuna fisheries, namely yellowfin and skipjack tuna, in the tropical waters of the eastern Pacific Ocean, whereas the convention with Mexico has reference to tuna and the eastern Pacific Ocean, generally. Unlike the fisheries concerned in the convention with Mexico, the fisheries included in the present convention present problems of interest to a number of countries besides the signatories. Accordingly, a provision was inserted in the present convention for adherence by other governments whose nationals participate in the fisheries involved. Representatives of tuna fishing and processing interests and of the conservation departments of the States of California and Oregon were in Washington during the discussions and were in daily consultation with the United States delegation. Moreover, under the provisions of the convention (art. I, par. 11) each national section of the Commission may appoint its own advisers and it is contemplated that the United States section will accordingly have available to it the services of an advisory body qualified to assist not only in the technical aspects of the program, but in the industrial aspects as well. At a subsequent date the Congress will be requested to consider implementing legislation necessary for the United States to apply the provisions of this convention. Respectfully submitted. JAMES E. WEBB. (Enclosure: Convention for the establishment of an Inter-American Tropical Tuna Commission, Washington, May 31, 1949.) CONVENTION BETWEEN THE UNITED STATES OF AMERICA AND THE REPUBLIC OF COSTA RICA FOR THE ESTABLISHMENT OF AN INTER-AMERICAN TROPICAL TUNA COMMISSION The United States of America and the Republic of Costa Rica considering their mutual interest in maintaining the populations of yellowfin and skipjack tuna and of other kinds of fish taken by tuna fishing vessels in the eastern Pacific Ocean which by reason of continued use have come to be of common concern, and desiring to cooperate in the gathering and interpretation of factual information to facilitate maintaining the populations of these fishes at a level which will permit maximum sustained catches year after year, have agreed to conclude a Convention for these purposes and to that end have named as their Plenipotentiaries: The President of the United States of America: James E. Webb, Acting Secretary of State Wilbert M. Chapman, Special Assistant to the Under Secretary of The President of the Government of Costa Rica: Mario A. Esquivel, Ambassador Extraordinary and Plenipotentiary of Jorge Hazera, Counselor of the Embassy of Costa Rica who, having communicated to each other their full powers, found to be in good and due form, have agreed as follows: ARTICLE I 1. The High Contracting Parties agree to establish and operate a joint Commission, to be known as the Inter-American Tropical Tuna Commission, hereinafter referred to as the Commission, which shall carry out the objectives of this Convention. The Commission shall be composed of national sections, each consisting of from one to four members, appointed by the Governments of the respective High Contracting Parties. 2. The Commission shall submit annually to the Government of each High Contracting Party a report on its investigations and findings, with appropriate recommendations, and shall also inform such Governments, whenever it is deemed advisable, on any matter relating to the objectives of this Convention. 3. Each High Contracting Party shall determine and pay the expenses incurred by its section. Joint expenses incurred by the Commission shall be paid by the High Contracting Parties through contributions in the form and proportion recommended by the Commission and approved by the High Contracting Parties. The proportion of joint expenses to be paid by each High Contracting Party shall be related to the proportion of the total catch from the fisheries covered by this Convention utilized by that High Contracting Party. 4. Both the general annual program of activities and the budget of joint expenses shall be recommended by the Commission and submitted for approval to the High Contracting Parties. 5. The Commission shall decide on the most convenient place or places for its headquarters. 6. The Commission shall meet at least once each year, and at such other times as may be requested by a national section. The date and place of the first meeting shall be determined by agreement between the High Contracting Parties. 7. At its first meeting the Commission shall select a chairman and a secretary from different national sections. The chairman and the secretary shall hold office for a period of one year. During succeeding years, selection of the chairman and the secretary from the national sections shall be in such a manner that the chairman and the secretary will be of different nationalities, and as will provide each High Contracting Party, in turn, with an opportunity to be represented in those offices. 8. Each national section shall have one vote. Decisions, resolutions, recommendations, and publications of the Commission shall be made only by a unanimous vote. 9. The Commission shall be entitled to adopt and to amend subsequently, as occasion may require, by-laws or rules for the conduct of its meetings. 10. The Commission shall be entitled to employ necessary personnel for the performance of its functions and duties. 11. Each High Contracting Party shall be entitled to establish an Advisory Committee for its section, to be composed of persons who shall be well informed concerning tuna fishery problems of common concern. Each such Advisory Committee shall be invited to attend the non-executive sessions of the Commission. 12. The Commission may hold public hearings. Each national section also may hold public hearings within its own country. 13. The Commission shall designate a Director of Investigations who shall be technically competent and who shall be responsible to the Commission and may be freely removed by it. Subject to the instruction of the Commission and with its approval, the Director of Investigations shall have charge of: (a) the drafting of programs of investigations, and the preparation of budget estimates for the Commission; (b) authorizing the disbursement of the funds for the joint expenses of the Commission; (c) the accounting of the funds for the joint expenses of the Commission; (d) the appointment and immediate direction of technical and other personnel required for the functions of the Commission; (e) arrangements for the cooperation with other organizations or individuals in accordance with paragraph 16 of this Article; 3 (f) the coordination of the work of the Commission with that of organizations and individuals whose cooperation has been arranged for; (g) the drafting of administrative, scientific and other reports for the Commission; (h) the performance of such other duties as the Commission may require. 14. The official languages of the Commission shall be English and Spanish, and members of the Commission may use either language during meetings. When requested, translation shall be made to the other language. The minutes, official documents, and publications of the Commission shall be in both languages, but official correspondence of the Commission may be written, at the discretion of the secretary, in either language. 15. Each national section shall be entitled to obtain certified copies of any documents pertaining to the Commission except that the Commission will adopt and may amend subsequently rules to ensure the confidential character of records of statistics of individual catches and individual company operations. 16. In the performance of its duties and functions the Commission may request the technical and scientific services of, and information from, official agencies of the High Contracting Parties, and any international, public, or private institution or organization, or any private individual. ARTICLE II The Commission shall perform the following functions and duties: 1. Make investigations concerning the abundance, biology, biometry, and ecology of yellowfin (Neothunnus) and skipjack (Katsuwonus) tuna in the waters of the eastern Pacific Ocean fished by the nationals of the High Contracting Parties, and the kinds of fishes commonly used as bait in the tuna fisheries, especially the anchovetta, and of other kinds of fish taken by tuna fishing vessels; and the effects of natural factors and human activities on the abundance of the populations of fishes supporting all these fisheries. 2. Collect and analyze information relating to current and past conditions and trends of the populations of fishes covered by this Convention. 3. Study and appraise information concerning methods and procedures for maintaining and increasing the populations of fishes covered by this Convention. 4. Conduct such fishing and other activities, on the high seas and in waters which are under the jurisdiction of the High Contracting Parties, as may be necessary to attain the ends referred to in subparagraphs 1, 2, and 3 of this Article. 5. Recommend from time to time, on the basis of scientific investigations, proposals for joint action by the High Contracting Parties designed to keep the populations of fishes covered by this Convention at those levels of abundance which will permit the maximum sustained catch. 6. Collect statistics and all kinds of reports concerning catches and the operations of fishing boats, and other information concerning the fishing for fishes covered by this Convention, from vessels or persons engaged in these fisheries. 7. Publish or otherwise disseminate reports relative to the results of its findings and such other reports as fall within the scope of this Convention, as well as scientific, statistical, and other data relating to the fisheries maintained by the nationals of the High Contracting Parties for the fishes covered by this Convention. ARTICLE III The High Contracting Parties agree to enact such legislation as may be necessary to carry out the purposes of this Convention. ARTICLE IV Nothing in this Convention shall be construed to modify any existing treaty or convention with regard to the fisheries of the eastern Pacific Ocean previously concluded by a High Contracting Party, nor to preclude a High Contracting Party from entering treaties or conventions with other States regarding these fisheries, the terms of which are not incompatible with the present Convention. ARTICLE V 1. The present Convention shall be ratified and the instruments of ratification shall be exchanged at Washington as soon as possible. 2. The present Convention shall enter into force on the date of exchange of ratifications. |