The Agreement on the International Dolphin Conservation Program was signed in Washington on 15 May 1998 and entered into force on 15 February 1999, following ratification by four States, as required: Ecuador, Mexico, Panama, and the United States. To a large extent the agreement is simply a formalization of two earlier voluntary agreements (the La Jolla Agreement and the Panama Declaration) which established the International Dolphin Conservation Program (IDCP). However, the 1998 agreement developed, extended and formalized the earlier agreements.

The objectives of the Agreement, which are essentially those set out for the IDCP as originally established under the La Jolla Agreement, are threefold, namely: (1) to progressively reduce incidental dolphin mortalities in the tuna purse seine fishery to levels approaching zero, through the setting of annual limits; (2) to seek ecologically sound means of capturing large yellowfin tuna not in association with dolphins, with the goal of eliminating dolphin mortality; and (3) to ensure the long-term sustainability of the tuna stocks in the agreement area, as well as that of the living marine resources related to the fishery, taking into consideration the interrelationship among species in the ecosystem and with special emphasis on, inter alia, avoiding, reducing and minimizing bycatch and discards of juvenile tuna and non-target species. The Agreement applies to typical dolphins (family Delphinidae) associated with the yellowfin tuna fishery in the Eastern Pacific Ocean. In practice, the principal species concerned are spotted and, to a lesser extent, common and spinner dolphins, although other species, including striped and bottlenose dolphins, are also relevant.

Participation

The Agreement is open for accession by those States: with a coastline bordering the agreement area; or that are members of IATTC; or whose vessels fish for tuna in the agreement area; or that are otherwise invited to accede to the Agreement on the basis of a decision by the parties. The Agreement also provides for the participation of regional economic integration organizations such as the EC, which may accede if they meet any of the criteria.

Organizational structure

The main functions of the Meetings of the Parties, which are to be held at least once a year, in conjunction with an IATTC meeting, are to consider matters pertaining to the implementation of the agreement and to make all decisions relevant thereto. All decisions taken by the Meeting of the Parties are by consensus. Provision is made for the participation in the meetings of observers, including nongovernmental organizations with recognized experience.

Scientific Advisory Board

The Scientific Advisory Board, which is composed of technical experts, appointed subject to the approval of the parties, meets at least once a year with the objective of assisting IATTC in matters regarding research into modifying current purse seine technology to make it less likely to cause dolphin mortality and seeking alternative means of capturing large yellowfin tuna. To this end, the Scientific Board reviews plans, proposals, and research programs of IATTC; provides advice to IATTC concerning the design, facilitation, and guidance of relevant research; and assists IATTC in locating sources of funding to conduct such research.

National Scientific Advisory Councils

Scientific work is also to be carried out at the national level, through the National Scientific Advisory Councils which, inter alia, advise and recommend to their governments measures and actions that should be undertaken to conserve and manage stocks of living marine resources in the agreement area, make proposals regarding research needs and conduct scientific reviews and assessments regarding progress towards the 2001 mortality rate target. The parties are to ensure that the councils cooperate through regular and timely meetings to take place at least once a year in conjunction with an ordinary Meeting of the Parties.

International Review Panel

The International Review Panel (IRP), inter alia, compiles annual lists of the vessels that qualify for DMLs; analyzes reports submitted to it regarding all tuna-fishing trips made by vessels covered by the agreement; identifies possible infractions; recommends pertinent measures for achieving the objectives of the Agreement, in particular those related to the use of gear, equipment, and fishing techniques, as well as the adoption of appropriate incentives for captains and crews to meet the objectives of the agreement; recommends to the parties ways to progressively reduce incidental dolphin mortality; and performs other functions as assigned by the Meeting of the Parties. The IRP is composed of representatives of all the parties as well as a limited number of nongovernmental members, being representatives from environmental organizations and from the tuna industry, elected by the parties.

Main provisions and functions

Article IV of the Agreement lays down a number of general principles that the parties are required to implement within the framework of IATTC, namely: to ensure the conservation of ecosystems and the long-term sustainability of tuna stocks and associated stocks, based on the best scientific evidence available; to apply the precautionary approach; to take measures designed to maintain or restore the biomass of harvested and associated stocks at or above levels capable of producing maximum sustainable yield; to take measures, according to the capacities of the parties, to assess the catch and bycatch of juvenile yellowfin tuna and related stocks; and to establish measures, inter alia, to avoid, reduce and minimize the bycatch of juvenile yellowfin tuna and other non-target species in order to ensure long-term sustainability of all these species, taking into consideration the interrelationships among species in the ecosystem.

The principal means by which dolphin mortality is reduced under the agreement is through a system of dolphin mortality limits (DMLs). These work by setting a basic objective of limiting total incidental dolphin mortality in the purse seine tuna fishery to no more than 5,000 individuals annually and using the basic approach of allocating DMLs to vessels. The Agreement establishes per-stock per-year dolphin mortality caps with the objective of achieving a limit of 0.1% of the minimum estimated abundance of stocks (Nmin) from the year 2001 onwards (an objective which was achieved). The Agreement contains various provisions which require parties to manage their DMLs in a responsible manner and provides for the reallocation of DMLs that have either not been used or have been forfeited during a particular year because of irresponsible use.

In addition to the DML system, the Agreement includes provisions for the establishment of a system that provides incentives to vessel captains to continue to reduce incidental dolphin mortality, with the goal of eliminating mortality; the establishment and implementation of a system for the tracking and verification of tuna harvested with and without mortality or serious injury of dolphins; the exchange of scientific research data collected by the parties pursuant to the Agreement on a full and timely basis; and the conduct of research for the purpose of seeking ecologically sound means of capturing large yellowfin tuna not in association with dolphins.