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RFMO Management Database

A list of the most recent measures [1] adopted by RFMOs for stock conservation, bycatch mitigation, and monitoring. Last updated March 2014
TUNA SPECIES: ALB Albacore | BET Bigeye | BFT Bluefin | SKJ Skipjack | YFT Yellowfin
OTHER SPECIES: TUR Sea Turtles | BRD Seabirds | SHA Sharks | OTH Others
MONITORING, CONTROL and SURVEILLANCE (MCS):
VES Vessels | MON Monitoring | ENF Enforcement | OTH Others
MISC: Miscellaneous measures
RFMO:
YEARS:
IMPLEMENTATION:
SCOPE:
STATUS:
SEARCH RESOLUTION TEXT:
Title number RFMO Implementation Scope Status PDF Year Tuna species Other species MCS MISC
ALB BET BFT SKJ YFT TUR BRD SHA OTH VES MON ENF OTH
IATTC-REC-C-09-02 IATTC Voluntary Tuna species Superseded From: Programa PanameÒo Observadores [mailto:programanacionalobservadores@gmail INTER-AMERICAN TROPICAL TUNA COMMISSION 80TH MEETING LA JOLLA, CALIFORNIA (USA) 8-12 JUNE 2009 RECOMMENDATION C-09-02 ON A MULTIANNUAL PROGRAM FOR THE CONSERVATION OF TUNA IN THE EASTERN PACIFIC OCEAN IN 2009-2011 The governments of Costa Rica, Ecuador, El Salvador, France, Guatemala, Japan, the Republic of Korea, Mexico, Nicaragua, Panama, Peru, Spain, the United States of America, Vanuatu, and Venezuela: Agree to apply the conservation and management measures for yellowfin and bigeye tuna set out below, and request that the staff of the IATTC monitor the fishing activities of their respective flag vessels relative to this commitment, and report on such activities at the next meeting of the Commission. Invite the Government of Colombia to withdraw its objection to these conservation and management measures and join this consensus. 1. This resolution is applicable in the years 2009-2011 to all purse-seine vessels of IATTC capacity classes 4 to 6 (more than 182 metric tons carrying capacity), and to all longline vessels over 24 meters length overall, that fish for yellowfin, bigeye and skipjack tunas in the EPO. 2. Pole-and-line, troll, and sportfishing vessels, and purse-seine vessels of IATTC capacity classes 1-3 (less than 182 metric tons carrying capacity) are not subject to this resolution. 3. All purse-seine vessels covered by this resolution must stop fishing in the EPO for a period of 59 days in 2009, 62 days in 2010, and 73 days in 2011. These closures shall be effected in one of two periods in each year as follows: 2009 – 1 August to 28 September, or from 21 November to 18 January 2010; 2010 – 29 July to 28 September, or from 18 November to 18 January 2011; 2011 – 18 July to 28 September, or from 7 November to 18 January 2012. In 2011 the results of the conservation measures adopted shall be evaluated, in the context of the results of the stock assessments for 2011 and, depending on the conclusions reached by the scientific staff of the Commission, the period of duration of the closure for that year shall be ratified or adjusted. 4. Notwithstanding the provisions of paragraph 3, purse-seine vessels of IATTC capacity class 4 (between 182 and 272 metric tons carrying capacity) will be able to make only one single fishing trip of up to 30 days duration during the specified closure periods, provided that any such vessel carries an observer of the On-Board Observer Program of the Agreement on the International Dolphin Conservation Program (AIDCP). 5. That the fishery for yellowfin, bigeye, and skipjack tuna by purse-seine vessels within the area of 96º and 110ºW and between 4°N and 3°S illustrated in Figure 1 be closed from 0000 hours on 29 September to 2400 hours on 29 October. 1 Figure 1. Closure area 6. In each one of the years covered by this resolution, and for each one of the two closure periods, each CPC shall notify the Director, by 15 July in 2009 and by 15 April in 2010-2011, the names of all the purse-seine vessels that will observe each closure period. Every vessel that fishes during 2009-2011, regardless of the flag under which it operates or whether it changes flag or the jurisdiction of CPC under which it fishes during the year, must observe the closure period to which it was committed. 7. Each CPC shall, for purse-seine fisheries: a. Before the date of entry into force of the closure, take the legal and administrative measures necessary to implement the closure; b. Inform all interested parties in its national tuna industry of the closure; c. Inform the Director that these steps have been taken; d. Ensure that at the time a closure period begins, and for the entire duration of that period, all the purse-seine vessels fishing for yellowfin, bigeye, or skipjack tunas that are committed to observing that closure period and that fly its flag, or operate under its jurisdiction, 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 in the EPO. 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 in the EPO. 8. Each CPC shall take the measures necessary to control the total annual catch of bigeye tuna in the EPO during 2009-2011 by longline tuna vessels fishing under its jurisdiction. 9. China, Japan, Korea, and Chinese Taipei shall take the measures necessary to ensure that their total annual longline catches of bigeye tuna in the EPO during 2009-2011 do not exceed the following levels: Metric tons 2009 2010 China 2,533 2,507 Japan 32,713 32,372 Korea 12,073 11,947 Chinese Taipei 7,635 7,555 10. For 2011, the total annual longline catches of bigeye tuna in the EPO shall be adjusted appropriately 2 11. Other CPCs shall take the measures necessary to ensure that their total annual longline catches of bigeye tuna in the EPO during 2009-2010 do not exceed the greater of 500 metric tons or their respective catches of bigeye tuna in 20011,2. CPCs whose annual catches have exceeded 500 metric tons shall provide monthly catch reports to the Director. For 2011, the limits in this paragraph shall remain in effect if the Commission maintains conservation measures for purse-seine vessels, as ratified or adjusted in accordance with paragraph 3 12. To prohibit landings and transshipments of tuna or tuna products that have been positively identified as originating from fishing activities that contravene this resolution. The Director shall provide relevant information to the Parties to assist them in this regard. 13. Each CPC shall notify the Director, by 15 July in 2009 and by 15 April in 2010-2011, of national actions taken to implement this resolution, including any controls it has imposed on its fleets and any monitoring, control, and compliance measures it has established to ensure compliance with such controls. 14. To evaluate progress towards the objectives of this resolution, in 2010 and 2011, the IATTC scientific staff will analyze the effects on the stocks of the implementation of this resolution, Resolution C-06- 02, Resolution C-04-09, and previous conservation and management measures, and will propose, if necessary, appropriate measures to be applied in future years. 15. To ask the Director to develop, in consultation with interested Parties a pilot program for research into, and gathering information on, the FADs used to aggregate tunas in the EPO. As an integral part of the program, initiate, in the first quarter of 2010, in Manta (Ecuador), a research and information- gathering program for FADs. The program shall include, inter alia, provisions for the marking of FADs, maintaining a record of the numbers of FADs on board each vessel at the beginning and end of each fishing trip, and recording the date, time, and position of deployment of each FAD. The Director shall report on the status of this effort at the next annual meeting of the IATTC. The information collected shall be held by the Commission staff, and shall be made available to CPCs, subject to any confidentiality rules or policies that the Commission may establish, which must be defined before the program begins. 16. Subject to the availability of the necessary funding, the Director shall continue the experiments with sorting grids for juvenile tunas and other species of non-target fish in the purse-seine nets of vessels that fish on FADs and on unassociated schools, by developing an experimental protocol, including parameters for the materials to be used for the sorting grids, and the methods for their construction, installation, and deployment. The Director shall also specify the methods and format for the collection of scientific data to be used for analysis of the performance of the sorting grids. The foregoing is without prejudice to each CPC carrying out its own experimental programs with sorting grids and presenting its results to the Director. 17. Renew, for 2010, the program to require all purse-seine vessels to first retain on board and then land all bigeye, skipjack, and yellowfin tuna caught, except fish considered unfit for human consumption for reasons other than size. A single exception shall be the final set of a trip, when there may be insufficient well space remaining to accommodate all the tuna caught in that set. At its annual meeting in 2010, the Commission shall review the results of the program, including compliance, and The Parties acknowledge that France, as a coastal State, is developing a tuna longline fleet on behalf of its overseas territories situated in the EPO. The Parties acknowledge that Peru, as a coastal State, will develop a tuna longline fleet, which will operate in strict compliance with the rules and provisions of the IATTC and in accordance with the resolutions of the Commission. 3 1 2 decide whether to continue it. 18. The Director shall continue efforts to promote compatibility between the conservation and management measures adopted by IATTC and WCPFC in their goals and effectiveness, including by frequent consultations with his counterpart in WCPFC, so that they can maintain, and inform their respective organizations of, a thorough understanding of conservation and management measures directed at bigeye, yellowfin, and other tunas, and the scientific bases and effectiveness of those measures. 4 2009 1 1 1
IATTC-REC-C-10-01 IATTC Voluntary Tuna species Superseded A UNIQUE VESSEL IDENTIFIER (UVI) FOR TUNA FISHING VESSELS INTER-AMERICAN TROPICAL TUNA COMMISSION 81ST MEETING ANTIGUA (GUATEMALA) 27 SEPTEMBER – 1 OCTOBER 2010 RECOMMENDATION C-10-01 RECOMMENDATION ON A MULTIANNUAL PROGRAM FOR THE CONSERVATION OF TUNA IN THE EASTERN PACIFIC OCEAN IN 2011-2013 The governments of Belize, Canada, Colombia, Costa Rica, Ecuador, El Salvador, the European Union, France, Guatemala, Japan, the Republic of Korea, Mexico, Nicaragua, Panama, Peru, Chinese Taipei, the United States of America, Vanuatu, and Venezuela (“the governments”), all members of the Inter- American Tropical Tuna Commission (IATTC): Aware that the IATTC is responsible for the scientific study of the tunas and tuna-like species in its Convention Area and for formulating recommendations to its members and cooperating non-members with regard to these resources; Recognizing that the potential production from the resource can be reduced if fishing effort is excessive; Aware that the capacity of the purse-seine fleets fishing for tunas in the eastern Pacific Ocean (EPO) continues to increase, Taking into account the best scientific information available, reflected in the IATTC staff’s recommendations, and the precautionary approach; Recognizing the importance of conservation measures taken by the Western and Central Pacific Fisheries Commission (WCPFC) for the tuna stocks in that region and the stocks of highly migratory tunas in the Pacific Ocean; Agree to apply in the EPO the conservation and management measures for yellowfin and bigeye tuna set out below, and request that the staff of the IATTC monitor the fishing activities of their respective flag vessels relative to this commitment, and report on such activities at the next meeting of the IATTC; 1. These measures are applicable in the years 2011-2013 to all their purse-seine vessels of IATTC capacity classes 4 to 6 (more than 182 metric tons carrying capacity), and to all their longline vessels over 24 meters length overall, that fish for yellowfin, bigeye and skipjack tunas in the eastern Pacific Ocean (EPO). 2. Pole-and-line, troll, and sportfishing vessels, and purse-seine vessels of IATTC capacity classes 1-3 (less than 182 metric tons carrying capacity) are not subject to these measures. 3. All purse-seine vessels covered by these measures must stop fishing in the EPO for a period of 62 days in 2011, 62 days in 2012, and 62 days in 2013. These closures shall be effected in one of two periods in each year as follows: 2011 – 29 July to 28 September, or from 18 November to 18 January 2012. 2012 – 29 July to 28 September, or from 18 November to 18 January 2013. 2013 – 29 July to 28 September, or from 18 November to 18 January 2014. 4. Notwithstanding the provisions of paragraph 3, purse-seine vessels of IATTC capacity class 4 (between 182 and 272 metric tons carrying capacity) will be able to make only one single fishing trip 1 of up to 30 days duration during the specified closure periods, provided that any such vessel carries an observer of the On-Board Observer Program of the Agreement on the International Dolphin Conservation Program (AIDCP). 5. The fishery for yellowfin, bigeye, and skipjack tuna by purse-seine vessels within the area of 96º and 110ºW and between 4°N and 3°S illustrated in Figure 1 shall be closed from 0000 hours on 29 September to 2400 hours on 29 October. Figure 1. Closure area 6. a. In each one of the years in which these measures are applicable, and for each one of the two closure periods, each government shall notify the Director, by 15 July, the names of all the purse- seine vessels that will observe each closure period; b. Every vessel that fishes during 2011-2013, regardless of the flag under which it operates or whether it changes flag or the jurisdiction of the government under which it fishes during the year, must observe the closure period to which it was committed. 7. Each government shall, for purse-seine fisheries: a. Before the date of entry into force of the closure, take the legal and administrative measures necessary to implement the closure; b. Inform all interested parties in its national tuna industry of the closure; c. Inform the Director that these steps have been taken; d. Ensure that at the time a closure period begins, and for the entire duration of that period, all the purse-seine vessels fishing for yellowfin, bigeye, or skipjack tunas that are committed to observing that closure period and that fly its flag, or operate under its jurisdiction, 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 in the EPO. 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 in the EPO. 8. China, Japan, Korea, and Chinese Taipei undertake to ensure that the total annual catches of bigeye tuna by their longline vessels in the EPO during 2011-2013 do not exceed the following levels: Metric tons 2011-2013 China 2,507 Japan 32,372 2 Korea 11,947 Chinese Taipei 7,555 9. For 2012 and 2013, the total annual longline catches of bigeye tuna in the EPO shall be adjusted appropriately based on any conservation measures that may be adopted for purse-seine vessels in those years, as ratified or adjusted in accordance with paragraph 18. 10. All other governments undertake to ensure that the total annual catches of bigeye tuna by their longline vessels in the EPO during 2011-2013 do not exceed the greater of 500 metric tons or their respective catches of bigeye tuna in 20011,2. Governments whose annual catches have exceeded 500 metric tons shall provide monthly catch reports to the Director. For 2012 and 2013, the limits in this paragraph shall remain in effect if the conservation measures for purse-seine vessels are maintained, as ratified or adjusted in accordance with paragraph 18. 11. Landings and transshipments of tuna or tuna products that have been positively identified as originating from fishing activities that contravene these measures are prohibited. The Director is requested to provide relevant information to IATTC members to assist them in this regard. 12. Each government shall notify the Director, by 15 July of each year, of national actions taken to implement these measures, including any controls it has imposed on its fleets and any monitoring, control, and compliance measures it has established to ensure compliance with such controls. 13. In order to evaluate progress towards the objectives of these measures, in 2012 and 2013 the IATTC scientific staff will analyze the effects on the stocks of the implementation of these measures, and previous conservation and management measures, and will propose, if necessary, appropriate measures to be applied in future years. 14. The Director is requested to develop, in consultation with interested governments, a pilot program for research into, and gathering information on, the FADs used to aggregate tunas in the EPO. The program shall include, inter alia, provisions for the marking of FADs, maintaining a record of the numbers of FADs on board each vessel at the beginning and end of each fishing trip, and recording the date, time, and position of deployment of each FAD. The Director is requested to report on the status of this effort at the next annual meeting of the IATTC. The information collected shall be held by the IATTC staff. 15. Subject to the availability of the necessary funding, the Director is requested to continue the experiments with sorting grids for juvenile tunas and other species of non-target fish in the purse- seine nets of vessels that fish on FADs and on unassociated schools, by developing an experimental protocol, including parameters for the materials to be used for the sorting grids, and the methods for their construction, installation, and deployment. The Director shall also specify the methods and format for the collection of scientific data to be used for analysis of the performance of the sorting grids. The foregoing is without prejudice to each government carrying out its own experimental programs with sorting grids and presenting its results to the Director. 16. For 2011, renew the program to require all purse-seine vessels to first retain on board and then land all bigeye, skipjack, and yellowfin tuna caught, except fish considered unfit for human consumption for reasons other than size. A single exception shall be the final set of a trip, when there may be insufficient well space remaining to accommodate all the tuna caught in that set. At its annual meeting in 2011, the IATTC will review the results of the program, including compliance, and decide 1 2 The governments acknowledge that France, as a coastal State, is developing a tuna longline fleet on behalf of its overseas territories situated in the EPO. The governments acknowledge that Peru, as a coastal State, will develop a tuna longline fleet, which will operate in strict compliance with the rules and provisions of the IATTC and in accordance with the resolutions of the Commission. 3 whether to continue it. 17. The IATTC should continue efforts to promote compatibility between the conservation and management measures adopted by IATTC and WCPFC in their goals and effectiveness, especially in the overlap area, including by frequent consultations with the WCPFC, in order to maintain, and inform their respective members of, a thorough understanding of conservation and management measures directed at bigeye, yellowfin, and other tunas, and the scientific bases and effectiveness of those measures. 18. a. In 2011 the results of these measures shall be evaluated in the context of the results of the stock assessments and, depending on the conclusions reached by the scientific staff of the IATTC, the duration of the closure for 2012 shall be ratified or adjusted; b. In 2012 the results of these measures shall be evaluated in the context of the results of the stock assessments and, depending on the conclusions reached by the scientific staff of the IATTC, the duration of the closure for 2013 shall be ratified or adjusted. 4 2010 1 1 1
IATTC-REC-C-10-02 IATTC Voluntary Non-target species In force A UNIQUE VESSEL IDENTIFIER (UVI) FOR TUNA FISHING VESSELS INTER-AMERICAN TROPICAL TUNA COMMISSION 81ST MEETING ANTIGUA (GUATEMALA) 27 SEPTEMBER – 1 OCTOBER 2010 RECOMMENDATION C-10-02 RECOMMENDATION TO MITIGATE THE IMPACT ON SEABIRDS OF FISHING FOR SPECIES COVERED BY THE IATTC The governments of Belize, Canada, Colombia, Costa Rica, Ecuador, El Salvador, the European Union, France, Guatemala, Japan, the Republic of Korea, Mexico, Nicaragua, Panama, Peru, Chinese Taipei, the United States of America, Vanuatu, and Venezuela (“the governments”), all members of the Inter- American Tropical Tuna Commission (IATTC): Recognizing that some threatened and endangered seabird populations are found in the eastern Pacific Ocean (EPO); Understanding that bycatches of seabirds are known to occur in the longline fisheries operating in some areas of the EPO; Noting that the Antigua Convention calls for the adoption of conservation and management measures and for the recommendations for species belonging to the same ecosystem and that are affected by fishing for the fish stocks; Reaffirming the importance of implementing the FAO International Plan of Action for Reducing the Incidental Catch of Seabirds in Longline Fisheries (“IPOA-Seabirds”); Recalling that tuna Regional Fisheries Management Organizations responsible for other ocean areas have adopted measures to mitigate the accidental bycatch of seabirds in longline fisheries; Believing that fisheries observer programs can greatly increase the understanding of the extent of interactions between seabirds and fisheries, and the evaluation of how seabird bycatch mitigation measures can be most effectively applied; Taking account of the work of the IATTC, including the IATTC Technical Meeting on Seabirds held on 11 May 2009, that has showed that combining different mitigation measures is more effective than using a single measure in reducing bycatch of seabirds; Noting that scientific research into mitigation of seabird bycatch in longline fisheries has shown that the effectiveness of measures depends on the type of vessel, the season, and the species of seabirds present; and Noting that effective mitigation measures can reduce the loss of bait and therefore increase catches; Agree to apply in the EPO the following measures to mitigate the impact on seabirds of fishing for species covered by the IATTC; 1. The governments shall report to the IATTC on their implementation of the IPOA-Seabirds, including, as appropriate, the status of their National Plans of Action for reducing incidental catches of seabirds in longline fisheries. 2. The governments shall require their longline vessels1 that fish for species covered by the IATTC in 1 Vessels propelled by outboard motors are not subject to this recommendation 1 the EPO north of 23°N (except in Mexican jurisdictional waters) and south of 30°S, plus the area bounded by the coastline at 2°N, west to 2°N-95°W, south to 15°S-95°W, east to 15°S-85°W, and south to 30°S (see Annex 1) to use at least two of the mitigation measures in Table 1, including at least one from Column A. Vessels shall not use the same measure from Column A and Column B. Table 1: Mitigation measures Column A Column B Side-setting with bird curtains and weighted branch lines Tori line Night setting with minimum deck lighting Weighted branch lines Tori line Blue-dyed bait Weighted branch lines Deep-setting line shooter Underwater setting chute Management of offal discharge 3. Members and cooperating non-members of the IATTC with longline vessels fishing in the EPO other than the area mentioned in paragraph 2 above, are encouraged to voluntarily employ at least one of the mitigation measures included in Table 1. 4. Minimum technical standards for measures are shown in Annex 2, subject to possible modifications based on research and evaluations mentioned in paragraphs 6 and 11. 5. The governments shall inform the IATTC, by 1 September 2011, and annually thereafter, of the mitigation measures that their flag vessels plan to employ in the implementation of this recommendation. 6. Members and cooperating non-members of the IATTC are encouraged to work, jointly and individually, to undertake research, especially on specifications for weighted branch lines, to further develop and refine methods for mitigating seabird bycatch, including measures for use during the process of hauling in longlines, and shall submit to the IATTC any information derived from such efforts. Preferably, research should be undertaken in the fisheries and areas in which the measures will be used. 7. The governments shall provide annually to the IATTC any available information regarding interactions with seabirds involving their flag vessels in the fishery, including bycatches of seabirds and details of seabird species and all relevant information available from observer or other monitoring programs. 8. Members and cooperating non-members of the IATTC are encouraged to establish national programs to place observers aboard longline vessels flying their flags or fishing in their waters, for the purpose of, inter alia, gathering information on the interactions of seabirds with the longline fisheries. 9. Members and cooperating non-members of the IATTC are encouraged to adopt measures aimed at ensuring that seabirds captured alive during longline fishing operations are released alive and in the best condition possible, and that, whenever possible, hooks are removed without jeopardizing the life of the seabird. 10. The governments shall begin implementation of this recommendation no later than 1 September 2011 for their longline vessels equal to or greater than 24 meters in length overall, and no later than 1 September 2012 for their longline vessels less than 24 meters in length overall. The technical specifications for measures most suitable for use by vessels less than 24 meters in length overall shall be considered by the Working Group on Bycatch, the Scientific Advisory Committee (SAC), and the IATTC scientific staff. 11. The effectiveness of this recommendation to reduce seabird bycatch in the EPO, including the mitigation measures in Table 1, the area of application, and the minimum technical specifications 2 adopted pursuant to this recommendation, shall be subject to review and possible modification, taking into account the scientific advice from the Working Group on Bycatch, the SAC, and the IATTC scientific staff.. 12. The Working Group on Bycatch, and the SAC will also consider the need to extend this recommendation to other fleets operating in the EPO. 13. This recommendation replaces IATTC Resolution C-05-01. Annex 1 Areas (shaded) within the EPO in which the use of at least two mitigation measures for reducing seabird bycatch is required: north of 23°N (except in Mexican jurisdictional waters) and south of 30°S, plus the area bounded by the coastline at 2°N, west to 20°N-95°W, south to 15°S-95°W, east to 15°S-85°W, and south to 30°S. 3 Annex 2 Specifications for Column A mitigation measures 1.a. Tori lines i. Minimum length: 100 m ii. Must be attached to the vessel such that it is suspended from a point a minimum of 5 m above the water at the stern on the windward side of the point where the hookline enters the water. iii. Must be attached so that the aerial extent is maintained over the sinking baited hooks. iv. Streamers must be less than 5m apart, be using swivels and long enough so that they are as close to the water as possible. v. If the tori line is less than 150 m in length, must have a towed object attached to the end so that the aerial extent is maintained over the sinking baited hooks. vi. If two (i.e. paired) tori lines are used, the two lines must be deployed on opposing sides of the main line. 1.b. Tori line (light streamer) i. Minimum length of tori line: 100 m or three times the total length of the vessel. ii. Must be attached to the vessel such that it is suspended from a point a minimum of 5 m above the water at the stern on the windward side of a point where the hookline enters the water. iii. Must be attached so that the aerial extent is maintained over the sinking baited hooks. iv. Streamers must be less than 1m apart and be 30 cm in minimum length. v. If two (i.e. paired) tori lines are used, the two lines must be deployed on opposing sides of the main line. 2. Side setting with bird curtain and weighted branch lines i. Mainline deployed from port or starboard side as far from stern as practicable (at least 1 m), and if mainline shooter is used, must be mounted at least 1m forward of the stern. ii. When seabirds are present the gear must ensure mainline is deployed slack so that baited hooks remain submerged. iii. Bird curtain must be employed: Pole aft of line shooter at least 3 m long; Minimum of 3 main streamers attached to upper 2 m of pole; Main streamer diameter minimum 20 mm; Branch streamers attached to end of each main streamer long enough to drag on water (no wind) – minimum diameter 10 mm. 3. Night setting i. No setting between local sunrise and one hour after local sunset. ii. Deck lighting to be kept to a minimum, noting requirements for safety and navigation. 4. Weighted branch lines i. Following minimum weight specifications are required: ii. Minimum weights attached to all branch lines is 45 g, with the following options: less than 60 g weight attached to within 1 m of the hook; or greater than 60 g and less than 98 g weight attached to within 3.5 ms of the hook; or greater than 98 g weight attached to within 4 m of the hook. Specifications for Column B mitigation measures 1. Weighted branch lines i. Following minimum weight specifications are required: ii. Minimum weights attached to all branch lines is 45 g, with the following options: 4 less than 60 g weight attached to within 1 m of the hook; or greater than 60 g and less than 98 g weight attached to within 3.5 m of the hook; or greater than 98 g weight attached to within 4 m of the hook. 2. Blue dyed bait i. The IATTC Secretariat shall distribute a standardized color placard. ii. All bait must be dyed to the shade shown in the placard. 3. Management of offal discharge i. Either: No offal discharge during setting or hauling; or Strategic offal discharge from the opposite side of the boat to setting/hauling to actively encourage birds away from baited hooks. 5 2010 1
IATTC-REC-C-10-03 IATTC Voluntary Misc In force A UNIQUE VESSEL IDENTIFIER (UVI) FOR TUNA FISHING VESSELS INTER-AMERICAN TROPICAL TUNA COMMISSION 81ST MEETING ANTIGUA (GUATEMALA) 27 SEPTEMBER – 1 OCTOBER 2010 RECOMMENDATION C-10-03 RECOMMENDATION PROHIBITING FISHING ON DATA BUOYS The governments of Belize, Canada, Colombia, Costa Rica, Ecuador, El Salvador, the European Union, France, Guatemala, Japan, the Republic of Korea, Mexico, Nicaragua, Panama, Peru, Chinese Taipei, the United States of America, Vanuatu, and Venezuela (“the governments”), all members of the Inter- American Tropical Tuna Commission (IATTC): Aware that many nations, including Members of the IATTC, operate and deploy data buoys throughout the eastern Pacific Ocean (EPO) and oceans worldwide to gather information used to improve weather and marine forecasts, provide assistance to fisheries by collecting data on sea surface and subsurface temperatures, provide assistance to search and rescue efforts at sea, and collect critical data used to conduct research on meteorological and oceanographic topics and climate prediction; Knowing that highly migratory species, in particular tunas, aggregate in the vicinity of data buoys; Recognizing that the World Meteorological Organization and the Intergovernmental Oceanographic Commission have determined that vandalism and damage to data buoys by fishing vessels are a significant problem in the Pacific Ocean and worldwide; Concerned that vandalism or damage to data buoys results in significant loss of data critical to weather forecasting, to the study of marine conditions, to tsunami warnings, to support search and rescue efforts at sea, and that Members of the IATTC expend considerable time and resources to locate, replace, and repair data buoys damaged or lost due to fishing activities or vandalism; Alarmed that the loss of data critical to the study of marine conditions from vandalism or damage to data buoys undermines analyses by IATTC scientists seeking better understanding of tuna habitat use and relationships between climate and tuna recruitment, and research by environmental scientists in general; Mindful that several data buoy programs publish information on the internet describing the type and location of such buoys; Noting that it is a function of the IATTC to promote, to the extent practicable, the development and use of environmentally safe fishing techniques and such other related activities, and to promote the application of the relevant provisions of the Code of Conduct for Responsible Fishing; and Further noting that it is also a function of the IATTC to adopt measures as may be necessary to achieve its objective, including non-discriminatory and transparent measures to prevent, deter and eliminate activities that undermine the effectiveness of the conservation and management measures adopted by the IATTC; Agree to apply in the EPO the following measures regarding fishing on data buoys: For the purpose of this Recommendation, data buoys are defined as floating devices, either drifting or anchored, that are deployed by governmental or recognized scientific organizations or entities for the purpose of electronically collecting environmental data, and not in support of fishing activities. 1. The governments shall: a. Prohibit their fishing vessels from fishing within one nautical mile of, or interacting with, a data 1 buoy in the EPO, which includes, but is not limited to, encircling the buoy with fishing gear, tying up to or attaching the vessel, or any fishing gear, part or portion of the vessel, to a data buoy, and, if the buoy is anchored, cutting its anchor line. b. Prohibit their fishing vessels from taking on board a data buoy, unless specifically authorized or requested to do so by a member or cooperating non-member of the IATTC or owner responsible for that buoy. c. Encourage their fishing vessels operating in the EPO to keep watch for data buoys at sea and to take all reasonable measures to avoid fishing gear entanglement or directly interacting in any way with those data buoys. d. Require their fishing vessels that become entangled with a data buoy to remove the entangled fishing gear with as little damage to the data buoy as possible. 2. Members and cooperating non-members of the IATTC are encouraged to require their fishing vessels to report to them all entanglements and provide the date, location, and nature of the entanglement, along with any identifying information on the data buoy. The governments shall notify the IATTC of all such reports. 3. Fishing activities inconsistent with paragraphs 1 and 2 above shall be deemed to undermine the effectiveness of the resolutions adopted by the IATTC in accordance with Article XVIII of the Antigua Convention, and shall, for purposes of paragraph (1)(e) of IATTC Resolution C-05-07, be considered the use of prohibited fishing gear. 4. Notwithstanding paragraph 1, scientific research programs notified to the IATTC may operate fishing vessels within one nautical mile of a data buoy, provided they do not interact with the data buoy, as described in paragraph 1. 2 2010 1
IATTC-RES-C-02-03 IATTC Binding MCS In force RESOLUTION ON THE CAPACITY OF THE TUNA FLEET OPERATING IN THE EASTERN PACIFIC OCEAN INTER-AMERICAN TROPICAL TUNA COMMISSION COMISIÓN INTERAMERICANA DEL ATÚN TROPICAL 69ª REUNION - 69TH MEETING MANZANILLO (MEXICO) 26-28 JUN 2002 RESOLUTION ON THE CAPACITY OF THE TUNA FLEET OPERATING IN THE EASTERN PACIFIC OCEAN (REVISED) The Parties to the Inter-American Tropical Tuna Commission (IATTC): Aware that the issue of excess fishing capacity is of concern worldwide and is the subject of an International Plan of Action developed by the United Nations Food and Agriculture Organization; Understanding that excess fishing capacity in a region makes it more difficult for governments to agree on and implement effective conservation and management measures for the fisheries of that region; Concerned that purse-seine fishing capacity in the eastern Pacific Ocean (EPO) has been increasing in recent years; Believing that it is important to limit fishing capacity in the EPO in order to help ensure that the tuna fisheries in the region are conducted at a sustainable level; Aware of the importance of tuna fishing to the economic development of the Parties; Committed to giving full effect to the relevant rules of international law, as reflected in the United Nations Law of the Sea Convention; Recalling the resolutions to limit the capacity of the tuna purse-seine fleet in the EPO approved by the IATTC at its 62nd Meeting in October 1998 and by correspondence on 19 August 2000; Seeking to address the problem of excess capacity in the tuna purse-seine fleet operating in the EPO by limiting such capacity to a level which, in harmony with other agreed management measures and projected and actual levels of catch, will ensure that tuna fisheries in the region are conducted at a sustainable level: Have agreed as follows: 1. For the purposes of this Resolution, the EPO is defined as the area bounded by the coastline of the American continents, the 40° North parallel, the 150° West meridian and the 40° South parallel. 2. For the purposes of this Resolution, and without setting any precedent, “participant” means Parties to the IATTC, and States and regional economic integration organizations (REIOs), and fishing entities that have applied for membership of the Commission or that cooperate with the management and conservation measures adopted by the Commission. The Commission shall determine which States, REIOs and fishing entities are considered to be cooperating with such management and conservation measures. 3. To finalize and adopt, as soon as possible, a plan for regional management of fishing capacity, as specified in the resolution on fleet capacity of 19 August 2000. Such a plan shall take into account the right of coastal States and other States with a longstanding and significant interest in the tuna fisheries of the EPO to develop and maintain their own tuna fishing industries. 4. To review on a regular basis, and modify if necessary, the methods for estimating fishing capacity and the target level of 158,000 m3, established in the resolution on fleet capacity of 19 August 2000, for the total capacity of the purse-seine fleet, taking into account the level of the stocks of tuna and other relevant factors. C-02-03 Capacity resolution Jun 2002 2 * 1 5. To use the Regional Vessel Register (“the Register”) established by the resolution of the 66th Meeting of the Commission, as of 28 June 2002, with any subsequent modifications that do not increase the total capacity of purse-seine vessels established in the Register, as the definitive list of purse-seine vessels authorized by the participants to fish for tunas in the EPO. Any purse- seine vessel fishing for tunas in the EPO that is not on the Register would be considered to be undermining IATTC management measures. The Register shall include only vessels flying the flags of participants. Each participant shall verify the existence and operational status of, and confirm the accuracy of the information on, its vessels, as required by that resolution, including the requirement to promptly notify the Director of the Commission (“the Director”) of any modifications to that information. For purse-seine vessels, the Register shall include only vessels that have fished in the EPO before 28 June 2002. A participant may remove any vessel flying its flag from the Register by notifying the Director. 6. The well volume of each purse-seine vessel, once confirmed by the relevant participant and verified by an independent survey supervised by the Director, shall be reflected in the Register. 7. To prohibit the entry of new vessels, defined as those not included in the Register, to the EPO purse-seine fleet, except to replace vessels removed from the Register, and provided that the total capacity of any replacement vessel or vessels does not exceed that of the vessel or vessels replaced. 8. To prohibit increasing the capacity of any existing purse-seine vessel unless a purse-seine vessel or vessels of equal or greater capacity is removed from the Register. 9. Notwithstanding paragraphs (7) and (8), above, by January 1 of each year, a participant may notify the Director of any purse-seine vessel operating under its jurisdiction and listed on the Register that will not fish in the EPO in that year. Any vessel identified pursuant to this paragraph shall remain on the Register as “inactive” and shall not fish in the EPO in that year. In such cases, the participant may substitute another purse-seine vessel or vessels on the Register, and those vessels shall be authorized to fish in the EPO provided that the total “active” capacity of purse-seine vessels flying the flag of that participant in any year does not exceed the capacity listed for such vessels on the Register as of 28 June 2002. 10. Subject to the provisions of this resolution: 10.1. Notwithstanding paragraphs (7) and (8), the following participants may add purse-seine vessels to the Register after 28 June 2002, within the following limits*: Costa Rica: 9364 m3 El Salvador: 861 m3 Nicaragua:1 5300m3 Peru: 3195 m3 10.2. Guatemala may increase its purse-seine fleet by 1700 m3 and commits to obtaining that capacity within a period of two years. 11. In the implementation of paragraph (10.1) above, a participant wishing to bring a new vessel into the EPO shall (1) so notify the other participants, through the Director, and (2) undertake efforts to find a suitable vessel from the Register for at least four months following such notification before bringing a new vessel into the EPO. Costa Rica, Colombia, and Peru maintain long-term capacity requests of up to 16,422 m3, 14,046 m3, and 14,046 m3, respectively. The Parties also acknowledge that France has expressed an interest in developing a tuna purse- seine fleet on behalf of its overseas territories in the EPO. 4038 m3 in the original resolution adopted in June; modified by consensus of the Parties, 3 November 2002 C-02-03 Capacity resolution Jun 2002 REV C-02-03 Capacity resolution Jun 2002 REV 3 2 12. Notwithstanding paragraphs (7) and (8), a limit of 32 United States vessels authorized and licensed to fish in other areas of the Pacific Ocean under an alternative international fisheries management regime, and that may occasionally fish to the east of 150° West, shall be authorized to fish in the EPO provided that: a) the fishing activity of any such vessels in the EPO is limited to a single trip not to exceed 90 days in one calendar year; b) the vessels do not possess a Dolphin Mortality Limit pursuant to the Agreement on the International Dolphin Conservation Program; and c) the vessels carry an approved observer. A similar exception shall be considered for vessels of other participants with a similar record of participation in the EPO tuna purse-seine fishery and that meet the criteria listed above. 13. Nothing in this resolution shall be interpreted to limit the rights and obligations of any participant to manage and develop the tuna fisheries under its jurisdiction or in which it maintains a longstanding and significant interest.2 14. To urge all non-Parties to provide the information required by this resolution and comply with its provisions. This paragraph was agreed ad referendum pending consultations among Costa Rica, El Salvador, Nicaragua, and Venezuela on a possible alternative. 2002 1
IATTC-RES-C-03-01 IATTC Binding MCS In force C-03-01 BET Statistical Doc Program.doc INTER-AMERICAN TROPICAL TUNA COMMISSION COMISIÓN INTERAMERICANA DEL ATÚN TROPICAL RESOLUTION C-03-01 RESOLUTION ON IATTC BIGEYE TUNA STATISTICAL DOCUMENT PROGRAM Approved by correspondence, 24 June 2003 The Inter-American Tropical Tuna Commission (IATTC): Recognizing the authority and responsibility of IATTC to manage bigeye tuna in the Eastern Pacific Ocean (EPO), at the international level, Recognizing also the nature of the international market for bigeye tuna, Recognizing also that there is uncertainty on the catch of bigeye tuna in EPO and that the availability of trade data would greatly assist in reducing such uncertainty, Recognizing also that bigeye tuna is the main target species of “flag of convenience” fishing operations and that most of the bigeye harvested by such fishing vessels are exported to Contracting Parties, especially to Japan, Recalling that the International Commission for the Conservation of Atlantic Tunas (ICCAT) has established its Bigeye Tuna Statistical Document Program, and that the Indian Ocean Tuna Commission (IOTC) has also established its Bigeye Tuna Statistical Document Program, Recognizing that the Statistical Document Program is an effective tool to assist the Commission’s effort for the elimination of illegal, unregulated and unreported (IUU) fishing operations, Recommends that, 1. Contracting Parties, by March 1, 2003 or as soon as possible thereafter, require that all bigeye tuna, when imported into the territory of a Contracting Party, be accompanied by an IATTC Bigeye Tuna Statistical Document which meets the requirements described in Annex 1 or an IATTC Bigeye Tuna Re-export Certificate which meets the requirements described in Annex 2. Bigeye tuna caught by purse seiners and baitboats and destined principally for canneries are not subject to this statistical document requirement. The Commission and the Contracting Parties importing bigeye tuna shall contact all the exporting countries to inform them of this Program in advance of the implementation of the Program. 2. (1) The IATTC Bigeye Tuna Statistical Document must be validated by a government official or other authorized individual or institution of the flag State of the vessel that harvested the tuna, or, if the vessel is operating under a charter arrangement, by a government official or other authorized individual of the exporting state, and; (2) The IATTC Bigeye Tuna Re-export Certificate must be validated by a government official or other authorized individual or institution of the state that re-exported the tuna. 3. Each Contracting Party shall provide to the Director sample forms of its statistical document and re- export certificate required with bigeye tuna imports and information on validation in the format specified in Annex 4, and inform him of any change in a timely fashion. 4. The Contracting Parties which export or import bigeye tuna shall compile data from the Program. 5. The Contracting Parties which import bigeye tuna shall report the data collected by the Program to 1 the Director each year by April 1 for the period of July 1 - December 31 of the preceding year and October 1 for the period of January 1 - June 30 of the current year, which shall be circulated to all the Contracting Parties by the Director. The formats of the report are attached as Annex 3. 6. The Contracting Parties which export bigeye tuna shall examine export data upon receiving the import data mentioned in paragraph 5 above from the Director, and report the results to the Commission annually. 7. The Contracting Parties should exchange copies of statistical documents and re-export certificates to facilitate the examination mentioned in paragraph 6, consistent with domestic laws and regulations. 8. The Commission shall request cooperating non-contracting parties to take the measures described in the above paragraphs. 9. The Director shall request information on validation from all the non-Contracting Parties/Entities/Fishing Entities fishing and exporting bigeye tuna to Contracting Parties, and request them to inform him in a timely fashion of any changes to the information provided. 10. The Director shall maintain and update information specified in paragraphs 3 and 9 and provide it to all the Contracting Parties, and promptly circulate any changes. 11. The Commission shall request the non-Contracting Parties which import bigeye tuna to cooperate with implementation of the Program and to provide to the Commission data obtained from such implementation. 12. Implementation of this Program shall be in conformity with relevant international obligations. 13. At the initial stage of the Program, the statistical documents and the re-export certificates will be required for frozen bigeye products. Prior to implementing this Program for fresh products, several practical problems need to be solved, such as guidelines to ensure procedures to handle fresh products at customs. 14. The statistical documents for bigeye tuna caught by fishing vessels flying the flag of a Member State of the European Community may be validated by the competent authorities of the Member State whose flag the vessel flies or by those of a different Member State where the products are landed, provided the corresponding quantities of bigeye tuna are exported outside the Community from the territory of the Member State of landing. 15. Notwithstanding the provisions of paragraph 1, the Contracting Parties shall implement this resolution by March 1, 2003 or as soon as possible thereafter in accordance with the regulatory procedures of each Contracting Party. 2 Annex 1 Requirements Concerning the IATTC Bigeye Tuna Statistical Document 1 The sample form of the IATTC Bigeye Tuna Statistical Document shall be as in the Appendix. 2 Customs or other appropriate government officials will request and inspect all import documentation including the IATTC Bigeye Tuna Statistical Document for all bigeye tuna in the shipment. Those officials may also inspect the content of each shipment to verify the information on the document. 3 Only complete and valid documents will guarantee that shipments of bigeye tuna will be allowed to enter the territory of Contracting Parties. 4 Shipments of bigeye tuna that are accompanied by improperly documented Bigeye Tuna Statistical Documents (i.e., improperly documented means that the Bigeye Tuna Statistical Document is either missing from the shipment, incomplete, invalid or falsified) will be considered illegitimate shipments of bigeye tuna, that are contrary to IATTC conservation efforts, and their entry will be suspended (PENDING RECEIPT OF A PROPERLY COMPLETED DOCUMENT) into the territory of a Contracting Party or subject to administrative or other sanction. 5 The import of fish parts other than the meat, i.e., head, eyes, roe, guts, tails may be allowed without the document. 3 NUMBER EXPORT SECTION 1.FLAG OF COUNTRY/ENTITY/FISHING ENTITY 2.NAME OF VESSEL AND REGISTRATION NUMBER (when available) 3.TRAPS (if applicable) 4.POINT OF EXPORT (City, State / Province, Country / Entity / Fishing Entity) 5.AREA OF CATCH (check one of the following) (a) EPO(East of 150ºW) (b) the rest of Pacific (c) Atlantic (d)Indian * In case of (b), (c) or (d) checked, the item 6 and 7 below do not need to be filled out. 6.DESCRIPTION OF FISH Product Type (*1) Gear Code(*2) Net Weight F/FR D/GG/DR/FL/OT (Kg) *1= F=Fresh, FR=Frozen, RD=Round, GG=Gilled and Gutted, DR=Dressed, FL=Fillet OT=Other, describe the type of product *2= When the Gear Code is OT, describe the type of gear, . 7.EXPORTER CERTIFICATION I certify that the above information is complete, true, and correct to the best of my knowledge and belief. Name Company name Address Signature Date License Number (if applicable) 8.GOVERNMENT VALIDATION I validate that information listed above is complete, true, and correct to the best of my knowledge and belief. Total weight of the shipment Kg Name & Title Signature Date Government Seal IMPORT SECTION: IMPORTER CERTIFICATION I certify that the above information is complete, true, and correct to the best of my knowledge and belief. Importer Certification (Intermediate Country / Entity / Fishing Entity) Name Address Signature Date License # (if applicable) Importer Certification (Intermediate Country / Entity / Fishing Entity) Name Address Signature Date License # (if applicable) Final Point of Import City State/Province Country / Entity / Fishing Entity NOTE: If a language other than English is used in completing this form. Please add the English translation on this document. 4 Appendix IATTC BIGEYE TUNA STATISTICAL DOCUMENT DOCUMENT INSTRUCTIONS DOCUMENT NUMBER: Block for the issuing Country to designate a country coded Document Number. (1) FLAG COUNTRY/ENTITIES/FISHING ENTITIES: Fill in the name of the country of the vessel that harvested the bigeye tuna in the shipment and issued this Document. According to the Resolution, only the flag state of the vessel that harvested the bigeye tuna in the shipment or, if the vessel is operating under a charter arrangement, the exporting state can issue this Document. (2) NAME OF VESSEL AND REGISTRATION NUMBER (when available): Fill in the name and registration number of the vessel that harvested the bigeye tuna in the shipment. (3) TRAPS (if applicable): Fill in the name of the trap that harvested the bigeye tuna in the shipment. (4) POINT OF EXPORT: Identify the City, State or Province, and Country from which the bigeye tuna was exported. (5) AREA OF CATCH: Check the area of catch. (If (b), (c) or (d) checked, items 6 and 7 below do not need to be filled out.) (6) DESCRIPTION OF FISH: The exporter must provide, to the highest degree of accuracy, the following information. NOTE: One row should describe one product type (1) Product Type: Identify the type of product being shipped as either FRESH or FROZEN, and in ROUND, GILLED AND GUTTED, DRESSED, FILLET or OTHER form. For OTHER, describe the type of products in the shipment. (2) Gear Code: Identify the gear type which was used to harvest the bigeye tuna using the list below. For OTHER TYPE, describe the type of gear, including farming. (3) Net product weight in kilograms. (7) EXPORTER CERTIFICATION: The person or company exporting the bigeye tuna shipment must provide his/her name, company name, address, signature, date the shipment was exported, and dealer license number (if applicable). (8) GOVERNMENT VALIDATION: Fill in the name and full title of the official signing the Document. The official must be employed by a competent authority of the flag state government of the vessel that harvested the bigeye tuna appearing on the Document or other individual or institution authorized by the flag state. When appropriate, this requirement is waived according validation of the document by a government official, or if the vessel is operating under a charter arrangement, by a government official or other authorized individual or institution of the exporting state. The total weight of the shipment shall also be specified in this block. (9) IMPORTER CERTIFICATION: The person or company that imports bigeye tuna must provide his/her name, address, signature, date the bigeye was imported, license number (if applicable), and final point of import. This includes imports into intermediate countries. For fresh and chilled products, the signature of the importer may be substituted by a person of a customs clearance company when the authority for signature is properly accredited to it by the importer. GEAR CODE: GEAR CODE GEAR TYPE, BB BAITBOAT GILL GILLNET HAND HANDLINE HARP HARPOON LL LONGLINE MWT MID-WATER TRAWL PS PURSE SEINE RR ROD AND REEL SPHL SPORT HANDLINE SPOR SPORT FISHERIES UNCLASSIFIED SURF SURFACE FISHERIES UNCLASSIFIED TL TENDED LINE TRAP TRAP TROL TROLL UNCL UNSPECIFIED METHODS OT OTHER TYPE RETURN A COPY OF COMPLETED DOCUMENT TO: (the name of the office of the competent authority of the flag state). 5 Annex 2 Requirements Concerning the IATTC Bigeye Tuna Re-export Certificate 1 The sample form of the IATTC Bigeye Tuna Re-export Certificate shall be as in the Appendix. 2 Customs or other appropriate government officials will request and inspect all import documentation including the IATTC Bigeye Tuna Re-export Certificate for all bigeye tuna in the shipment. Those officials may also inspect the content of each shipment to verify the information on the document. 3 Only complete and valid documents will guarantee that shipments of bigeye tuna will be allowed to enter the territory of Contracting Parties. 4 A Contracting Party shall be free to validate IATTC Bigeye Tuna Re-export Certificates for bigeye tuna imported by that Contracting Party, to which IATTC Bigeye Tuna Statistical Documents or IATTC Bigeye Tuna Re-export Certificates are attached. IATTC Bigeye Tuna Re-export Certificates shall be validated by government organizations or by recognized institutions which are accredited by a Contracting Party’s government to validate the IATTC Bigeye Tuna Statistical Document. A copy of the original Bigeye Tuna Statistical Document accompanying the imported bigeye tuna must be attached to an IATTC Bigeye Tuna Re-export Certificate. The copy of the original Bigeye Tuna Statistical Document so attached must be verified by that government organization or by that recognized institution accredited by a government which validated the IATTC Bigeye Tuna Statistical Document. When re-exported bigeye tuna is again re-exported, all copies of documents, including a verified copy of a Statistical Document and Re-export Certificate which accompanied that bigeye tuna upon importation, must be attached to a new Re-export Certificate to be validated by a re-exporting Contracting Party. All copies of the Documents to be attached to that new Re-export Certificate must be also be verified by a government organization or a recognized institution accredited by a government which validated the IATTC Bigeye Tuna Statistical Document. 5 Shipments of bigeye tuna that are accompanied by improperly documented Bigeye Tuna Re- export Certificate (i.e., improperly documented means that the Bigeye Tuna Re-export Certificate is either missing from the shipment, incomplete, invalid or falsified) will be considered illegitimate shipments of bigeye tuna, that are contrary to IATTC conservation efforts, and their entry will be suspended (PENDING RECEIPT OF A PROPERLY COMPLETED DOCUMENT) into the territory of a Contracting Party or subject to administrative or other sanction 6 IATTC Contracting Parties that validate Re-export Certificates in accordance with the procedure set forth in paragraph 4 shall require from the re-exporting bigeye dealer necessary documents (e.g. written sales contracts) which are to certify that the bigeye tuna to be re- exported corresponds to the imported bigeye tuna. Contracting Parties which validate Re-export Certificates shall provide flag states and importing states with evidence of this correspondence upon their request. 7 The import of fish parts other than the meat, i.e., head, eyes, roe, guts, tails may be allowed without the document. 6 1.RE-EXPORTING COUNTRY / ENTITY / FISHING ENTITY 2.POINT OF RE-EXPORT 3.DESCRIPTION OF IMPORTED FISH Product Type(*) Net Weight Flag country/ Date F/FR RD/GG/DR/FL/OT (Kg) Entity/Fishing Entity of Import 4.DESCRIPTION OF FISH FOR RE-EXPORT Product Type(*) Net Weight F/FR RD/GG/DR/FL/OT (Kg) * F=FRESH, FR=Frozen, RD=Round, GG=Gilled and Gutted, DR=Dressed, FL=Fillet OT=Other(Describe the type of product) 5.RE-EXPORTER CERTIFICATION: I certify that the above information is complete, true and correct to the best of my knowledge and belief. Name/Company Name Address Signature Date License Number (if applicable) 6.GOVERNMENT VALIDATION: I validate that the above information is complete, true and correct to the best of my knowledge and belief. Name & Title Signature Date Government Seal IMPORT SECTION: 7.IMPORTER CERTIFICATION: I certify that the above information is complete, true and correct to the best of my knowledge and belief. Importer Certification (Intermediate Country / Entity / Fishing Entity) Name Address Signature Date License # (if applicable) Importer Certification (Intermediate Country / Entity / Fishing Entity) Name Address Signature Date License # (if applicable) Importer Certification (Intermediate Country / Entity / Fishing Entity) Name Address Signature Date License # (if applicable) Final Point of Import City State/Province Country / Entity / Fishing Entity NOTE: If a language other than English is used in completing this form. Please add the English translation on this document. 7 Appendix IATTC BIGEYE TUNA RE-EXPORT CERTIFICATE DOCUMENT NUMBER RE-EXPORT SECTION: INSTRUCTIONS DOCUMENT NUMBER: Block for the issuing Country/Entity/Fishing Entity to designate a Country/Entity/Fishing Entity coded document number. (1) RE-EXPORTING COUNTRY/ENTITY/FISHING ENTITY Fill in the name of the Country/Entity/Fishing Entity which re-exports the bigeye tuna in the shipment and issued this Certificate. According to the Resolution, only the re-exporting Country/Entity/Fishing Entity can issue this Certificate. (2) POINT OF RE-EXPORT Identify the City/State Province and Country/Entity/Fishing Entity from which the bigeye tuna was re-exported. (3) DESCRIPTION OF IMPORTED FISH The exporter must provide, to the highest degree of accuracy, the following information: NOTE: One row should describe one product type. (1)Product type: Identify the type of product being shipped as either FRESH or FROZEN, and in ROUND, GILLED AND GUTTED, DRESSED, FILLET or OTHER form. For OTHER, describe the type of products in the shipment. (2) Net weight: Net product weight in kilograms. (3) Flag Country/Entity/Fishing Entity: the name of the Country/Entity/Fishing Entity of the vessel that harvested the bigeye tuna in the shipment. (4) Date of import: Imported date. (4) DESCRIPTION OF FISH FOR RE-EXPORT The exported must provide, to the highest degree of accuracy, the following information: NOTE: One row should describe one product type. (1) Product type: Identify the type of product being shipped as either FRESH or FROZEN, and in ROUND, GILLED AND GUTTED, DRESSED FILLET or OTHER form. For OTHER, describe the type of products in the shipment. (2) Net weight: Net product weight in kilograms. (5) RE-EXPORTER CERTIFICATION The person or company re-exporting the bigeye tuna shipment must provide his/her name, address, signature, date the shipment was re-exported, and re-exporter’s license number (if applicable). (6) GOVERNMENT VALIDATION Fill in the name and full title of the official signing the Certificate. The official must be employed by a competent government authority of the re-exporting Country/Entity/Fishing Entity appearing on the Certificate, or other individual or institution authorized to validate such certificates by the competent government authority. (7) IMPORTER CERTIFICATION The person or company that imports bigeye tuna must provide his/her name, address, signature, date the bigeye tuna was imported, license number (if applicable) and re-exported final point of import. This includes imports into intermediate Countries/Entities/Fishing Entities. For fresh and chilled products, the signature of the importer may be substituted by a person of a customs clearance company when the authority for signature is properly accredited to it by the importer. RETURN A COPY OF THE COMPLETED CERTIFICATE TO: (the name of the office of the competent authority of the re- exporting Country/Entity/Fishing Entity). 8 Annex 3 REPORT OF THE IATTC BIGEYE TUNA STATISTICAL DOCUMENT Period to , IMPORT COUNTRY/ENTITY/FISHING ENTITY Month Month Year Flag Area Gear Point of Product Type Product Country/Ent Code Code Export Wt.(Kg) ity/Fishing Entity F/FR RD/GG/DR/FL/ OT Gear Code Gear Type BB Baitboat GILL Gillnet HAND Handline HARP Harpoon LL Longline MWT Mid-water trawl PS Purse seine RR Rod & reel SPHL Sport Handline SPOR Sport fisheries unclassified SURF Surface fisheries unclassified TL Tended line TRAP Trap TROL Troll UNCL Unclassified methods OTH Other type (Indicate the type of gear): Product type F Fresh FR Frozen RD Round GG Gilled & gutted DR Dressed FL Fillet OT Other form, describe the type of products in the shipment Area Code EPO Eastern Pacific Ocean RPO Rest of Pacific Ocean AT Atlantic ID Indian Ocean 9 REPORT OF THE IATTC BIGEYE TUNA RE-EXPORT CERTIFICATE Period to , IMPORT COUNTRY/ENTITY/FISHING ENTITY Month Month Year Flag Re-export Point of Product Type Product Country/E Country/En Re-export Wt.(Kg) ntity/Fishi tity/Fishing ng Entity Entity F/FR RD/GG/DR/FL/OT Product type F Fresh FR Frozen RD Round GG Gilled & gutted DR Dressed FL Fillet OT Other form, describe the type of products in the shipment 10 Annex 4 INFORMATION ON VALIDATION OF IATTC STATISTICAL DOCUMENTS 1 Flag 2 Government/Authority Organization(s) accredited to validate Statistical Documents Organization Name Organization Address Sample Seal NOTE: For each organization, attach a list with the names, titles and addresses of the individuals authorized to validate Documents. 3 Other institutions accredited by the government/authority to validate Statistical Documents Organization Name Organization Address Sample Seal NOTE: For each organization, attach a list with the names, titles and addresses of the individuals authorized to validate Documents. Instructions Contracting Parties, non-Contracting Parties, Entities, Fishing Entities having vessels that harvest species whose international trade must be accompanied by Statistical Documents are requested to submit the information on this sheet to the Director of the IATTC*, and to ensure that any changes to the above are also transmitted to the Secretary on a timely fashion. *IATTC: 8604 La Jolla Shores Drive, La Jolla CA 92037-1508, USA 11 2003 1
IATTC-RES-C-03-04 IATTC Binding MCS In force C-03-04 At-sea reporting resolution.doc INTER-AMERICAN TROPICAL TUNA COMMISSION COMISIÓN INTERAMERICANA DEL ATÚN TROPICAL 70ª REUNION -- 70TH MEETING ANTIGUA (GUATEMALA) 24-27 JUN 2003 RESOLUTION C-03-04 RESOLUTION ON AT-SEA REPORTING The Inter-American Tropical Tuna Commission (IATTC), meeting in Antigua, Guatemala, on the occasion of its 70th Meeting: Believing that regular and timely reporting of fisheries information from vessels at sea is important in the implementation of conservation and management measures adopted by the Commission; Aware that the Parties to the AIDCP are already committed to providing agreed information on dolphin mortalities on a weekly basis through the AIDCP On-board Observer Program; Has agreed as follows: 1. To require all purse-seine vessels which carry an on-board observer to transmit to the Secretariat a weekly report by the observer, by fax, e-mail, or radio, as appropriate; 2. The report transmitted pursuant to paragraph 1 shall be prepared by the observer, using a format provided by the Director, and shall include the estimated catch of tuna, by species and set type, and the mortalities of dolphins by stock; 3. To encourage fishing companies to cooperate by providing to the Secretariat this same information with respect to purse-seine vessels which do not carry on-board observers. 4. All information must be handled pursuant to the Commission’s Rules of Confidentiality. 2003 1
IATTC-RES-C-03-05 IATTC Binding MCS In force C-03-05 Data provision resolution.doc INTER-AMERICAN TROPICAL TUNA COMMISSION COMISIÓN INTERAMERICANA DEL ATÚN TROPICAL 70ª REUNION - 70TH MEETING ANTIGUA (GUATEMALA) 24-27 JUN 2003 RESOLUTION C-03-05 RESOLUTION ON DATA PROVISION The Inter-American Tropical Tuna Commission (IATTC): Emphasizing the importance of obtaining comprehensive information on the catches, and related information, by all vessels fishing for species under the purview of the Commission; Understanding that all member nations of the Commission are obliged to provide information on catches by all of their vessels fishing for any species under the purview of the Commission; Aware of the long-standing and well-established practice of vessels fishing in the EPO providing catch information to the Director; Noting that nations not members of the Commission which are fishing in the region are obliged under international law to cooperate with the Commission, and that the provision of catch data is one aspect of such cooperation; Concerned that the Director is not receiving all pertinent catch information; Therefore recommends to the High Contracting Parties that: Through the appropriate government authorities and in collaboration with those authorities, they take the necessary steps to ensure that all pertinent catch information is provided to the Director on an annual basis, for all of their vessels fishing for species under the purview of the Commission. The data be provided, by species and fishing gear, where practical, via vessel logbooks and unloading records, and otherwise in aggregated form as in the following table, with Level 3 catch and effort data as a minimum requirement, and, whenever possible, Levels 2 and 1 catch and effort data and length- frequency data. Level 1 2 3 1 2 Resolution Set-by-set, logbook data with information on gear configuration and target species 1°x1°–month, with information on gear configuration and target species 5°x5°–month, with information on gear configuration and target species Set position, start or end of set Grid position, best possible spatial- temporal resolution of area of capture Data Total catch in numbers, and weight if available; fishing effort Length or weight of individual fish Category Catch and effort Length frequency The aggregated data referred to in paragraph 2 for each year shall be provided by 30 June of the following year. The technical aspects of the data to be supplied shall be established by the Director in collaboration with scientists of the members. The following exceptions shall apply to the immediate entry into force of this resolution: 1. 2. 3. 4. 5. a. For vessels of less than 24 meters in length overall, the requirements of this resolution shall not enter into force until 1 January 2007. However, each member shall make its best efforts to provide as much data as possible for these vessels. b. Catch data from artisanal vessels may be reported as total annual catches, without data on fishing effort. c. Catch data from recreational fishing vessels may be reported as total annual catches, without data on fishing effort. 6. The Director communicate with the governments of states not party the Commission whose flag vessels may be fishing in the region, to comply with the terms of this resolution. 7. The Director ensure that the catch information provided to the Commission is maintained in strict accordance with the Commission’s confidentiality rules and procedures. C-03-05 Data provision resolution 2003 1
IATTC-RES-C-03-07 IATTC Binding MCS Superseded C-03-07 Longline vessel list.doc INTER-AMERICAN TROPICAL TUNA COMMISSION COMISIÓN INTERAMERICANA DEL ATÚN TROPICAL 70ª REUNION - 70TH MEETING ANTIGUA (GUATEMALA) 24-27 JUN 2003 RESOLUTION C-03-07 RESOLUTION ON THE ESTABLISHMENT OF A LIST OF LONGLINE FISHING VESSELS OVER 24 METERS (LSTLFVs) AUTHORIZED TO OPERATE IN THE EASTERN PACIFIC OCEAN The Inter-American Tropical Tuna Commission (IATTC), meeting in Antigua, Guatemala, on the occasion of its 70th Meeting: Recalling that the FAO Council adopted, on June 23, 2001, an International Plan of Action (IPOA) aiming to prevent, deter and eliminate illegal, unreported and unregulated (IUU) fishing, that this plan stipulates that the regional fisheries management organization should take action to strengthen and develop innovative ways, in conformity with international law, to prevent, deter and eliminate IUU fishing, and in particular to establish records of vessels authorized to fish and of vessels engaged in or supporting IUU fishing, Noting that large-scale tuna longline fishing vessels (LSTLFVs) are highly mobile, and can easily change fishing grounds from one ocean to another, and thus have a high potential for operating in the Convention Area without timely registration with the Commission, Considering that the other regional fisheries management organizations have been taking measures in their areas of competence to prevent, deter and eliminate IUU fishing by LSTLFVs, Reaffirming the Resolutions on Fishing by Vessels of Non-Parties adopted in June 2000 and June 2001, and Reaffirming the Commission’s action to establish a Regional Vessel Register that contains, for all fishing vessels, including LSTLFVs, that are authorized to fish for tunas and tuna-like species in the Convention Area, the information specified in paragraph 2 of this resolution, Recognizing that this resolution will be implemented in conjunction with the Resolution on Criteria for Cooperating non Parties adopted at this meeting Noting that nothing in this Resolution will preclude the rights and obligations of Parties based on other international agreements, Has agreed, in accordance with Article 2, paragraph 5, of the Convention, subject to the international obligations of the Parties, that: 1. The Commission shall establish, by August 1, 2003, and thereafter maintain a list of longline fishing vessels larger than 24 meters overall length (“the LSTLFV List”). For the purposes of this resolution, LSTLFVs not included the LSTLFV Record are deemed not to be authorized to fish for, retain on board, transship or land tuna and tuna-like species in the eastern Pacific Ocean (EPO). 2. The initial LSTLFV List shall consist of the LSTLFVs of IATTC Parties, cooperating non-Parties, entities, fishing entit ies or regional economic integration organizations (collectively "CPCs") on the IATTC Regional Vessel Register. The LSTLFV List shall include the following information for each vessel: a. name of vessel, registration number, previous names (if known), and port of registry; b. a photograph of the vessel showing its registration number; c. previous flag (if known and if any); d. International Radio Call Sign (if any); e. name and address of registered owner or owners; f. where and when built; g. length, beam, and moulded depth; h. fish hold capacity in cubic meters, and carrying capacity in metric tons; i. name and address of operator (manager) or operators (if any); j. type of fishing method or methods; k. gross tonnage; l. power of main engine or engines. Each CPC shall notify the Director of any addition to, deletion from, and/or modification of its LSTLFVs on the Regional Vessel Register by July 31, 2003. Each CPC shall thereafter notify the Director of any changes affecting the LSTLFV List at any time they occur. 3. The Director shall maintain the LSTLFV List, and shall ensure publicity of the Record, including placing it on the IATTC website, in a manner consistent with the confidentiality requirements of the pertinent CPCs. 4. The flag CPCs of the vessels on the LSTLFV List shall: a. authorize their vessels on the LSTLFV List to operate in the EPO only if they are able to fulfill, in respect of these vessels, the requirements and responsibilities under the Convention and its conservation and management measures; b. take the measures necessary to ensure that their vessels on the LSTLFV List comply with all relevant IATTC conservation and management measures; c. take the measures necessary to ensure that their vessels on the LSTLFV List keep on board valid certificates of vessel registration and valid authorizations to fish and/or transship; d. ensure that their vessels on the LSTLFV List have no history of IUU fishing activities or, if any vessel does have such history, that the new owners have provided sufficient evidence demonstrating that the previous owners and operators have no legal, beneficial or financial interest in, or control over the vessel, or that, having taken into account all relevant information, the vessel is not engaged in, or associated with, IUU fishing; e. ensure, to the extent possible under domestic law, that the owners and operators of their vessels on the LSTLFV List are not engaged in, or associated with, tuna fishing activities conducted in the EPO by LSTLFV not included in the LSTLFV List. f. take measures necessary to ensure, to the extent possible under domestic law, that the owners of the vessels on the LSTLFV List are citizens or legal entities within the flag CPCs, so that any control or punitive actions can be effectively taken against them. 5. CPCs shall review their own internal actions and measures taken pursuant to paragraph 4, including punitive and sanction actions and, in a manner consistent with domestic law, report the results of the review to the Commission at its 2004 meeting and annually thereafter. In considering the results of such reviews, the Commission shall, if appropriate, request the flag CPCs of LSTLFVs on the LSTLFV List to take further actions to enhance compliance by their vessels with IATTC conservation and management measures. 6. With respect to LSTLFVs: a. CPCs shall take measures, under their applicable legislation, to prohibit fishing for, retaining on board, transshipment and landing of tuna and tuna-like species by LSTLFVs not included in the LSTLFV List. b. To ensure the effectiveness of IATTC conservation and management measures pertaining to species covered by Statistical Document Programs: i. Flag CPCs shall validate statistical documents only for vessels on the LSTLFV List, ii. CPCs shall require that species covered by Statistical Document Programs caught by C-03-07 Longline vessel list 2 LSTLFVs in the EPO, when imported into the territory of an IATTC Party, be accompanied by statistical documents validated for vessels on the LSTLFV List and, iii. CPCs importing species covered by Statistical Document Programs and the flag States of vessels shall cooperate to ensure the accuracy and legitimacy of statistical documents. 7. Each CPC shall notify the Director of any factual information indicating that LSTLFVs not on the LSTLFVs List are engaged in fishing for, and/or transshipment of, tuna and tuna-like species in the EPO. 8. a. If a vessel mentioned in paragraph 7 is flying the flag of a CPC, the Director shall ask that CPC to take the measures necessary to prevent the vessel from fishing for tuna and tuna-like species in the EPO. b. If the flag of a vessel mentioned in paragraph 7 cannot be determined or is of a non-cooperating non-Party, the Director shall report this to the Commission. 9. The Commission and the CPCs concerned shall communicate with each other, and make the best effort with FAO and other relevant regional fishery management bodies, to develop and implement appropriate measures, where feasible, including the establishment of records of a similar nature so as to avoid adverse effects upon tuna resources in other oceans. Such adverse effects might consist of excessive fishing pressure resulting from a shift of the IUU LSTLFVs from the EPO to other oceans. C-03-07 Longline vessel list 3 2003 1
IATTC-RES-C-04-03 IATTC Binding MCS In force Microsoft Word - C-04-03 Vessel sightings.doc INTER-AMERICAN TROPICAL TUNA COMMISSION COMISIÓN INTERAMERICANA DEL ATÚN TROPICAL 72ND MEETING LIMA (PERU) 14-18 JUNE 2004 RESOLUTION C-04-03 RESOLUTION ON A SYSTEM OF NOTIFICATION OF SIGHTING AND IDENTIFICATION OF VESSELS OPERATING IN THE CONVENTION AREA The Inter-American Tropical Tuna Commission (IATTC): Concerned that illegal, unreported and unregulated (IUU) fishing activities in the Convention area undermine the effectiveness of the IATTC conservation and management measures. Recognizing the importance of cooperating with respect to the sightings of vessels that may be fishing contrary to the IATTC conservation and management measures; Resolves as follows: 1. Encourages vessels of IATTC Parties, cooperating non-Parties, fishing entities or regional economic integration organizations (collectively "CPCs") to report informally to the Director, if possible in real time, any sightings of vessels that may be fishing contrary to the conservation and management measures of the IATTC; 2. Encourages vessels of CPCs to report to their responsible authorities any sightings of vessels that may be fishing contrary to the conservation and management measures of the IATTC on the form attached to this resolution. 3. The responsible authorities referred to in paragraph 2 shall communicate the information reported on these forms to the Director. Once the Director has verified, to the extent possible, that the vessel sighted was likely to have been fishing contrary to the conservation and management measures of the IATTC, he shall inform the other CPCs of the vessel’s activity, and shall also inform the government concerned and request that it rectify the vessel’s activities. Any CPC informed of a sighting of one of its vessels shall reply, informing the Director of the steps it has taken to investigate and, if necessary, rectify the situation. FECHA NOMBRE DEL BUQUE DD-MM-AA Incluya información parcial del nombre DATE VESSEL NAME DD-MM-YY Include any partial information of the name Comisión Interamericana del Atún Tropical--Inter-American Tropical Tuna Commission INFORMACIÓN DE AVISTAMIENTOS DE BUQUES VESSEL SIGHTING INFORMATION ACTIVIDAD DEL BUQUE AVISTADO ACTIVITY OF SIGHTED VESSEL POSICIÓN POSITION Pabellón Flag 2004 1
IATTC-RES-C-04-06 IATTC Binding MCS In force Microsoft Word - C-04-06 Vessel monitoring system.doc COMISIÓN INTERAMERICANA DEL ATÚN TROPICAL INTER-AMERICAN TROPICAL TUNA COMMISSION 72ª REUNIÓN LIMA (PERÚ) 14-18 DE JUNIO DE 2004 RESOLUTION C-04-06 RESOLUTION ON THE ESTABLISHMENT OF A VESSEL MONITORING SYSTEM (VMS) The Inter-American Tropical Tuna Commission (IATTC), meeting in Lima, Peru, on the occasion of its 72nd Meeting: Recognizing the value of satellite-based Vessel Monitoring Systems (VMS) for the Commission’s conservation and management programs, including compliance; Aware that many Parties have established VMS systems and programs for their fleets and that their experience may be very helpful in supporting the conservation and management programs of the Commission; Noting that such systems have been discussed at several meetings of the Commission, and are considered in the Resolution on Compliance of June 2000; Agree that: 1. Each Party with tuna-fishing vessels 24 meters or more in length operating in the eastern Pacific Ocean and harvesting species for which the Commission has established conservation and management measures shall, by January 1, 2005, or as soon as possible thereafter, establish a satellite-based vessel monitoring system (VMS); except that a Party that already has such a program in effect shall be deemed to have satisfied this requirement; 2. While specific operational details of Parties´ VMS requirements may vary, the Parties should seek to ensure that: a. The information collected by the VMS for each vessel will include the vessel’s identification and position (latitude and longitude) with an error of less than 500 meters at a confidence level of 99%, and the date and time and position information will be collected at least once every six hours. b. VMS equipment on vessels will, at a minimum, be tamper proof, fully automatic for position data reporting, operational at all times regardless of environmental conditions, and, if possible, capable of manual transmission of reports and messages. 3. If practicable, the VMS equipment may be usable to transmit to the Director the weekly data considered in the Resolution on At-Sea Reporting (C-03-04) of June 2003. 4. The Commission strongly encourages governments not party to the Commission whose flag vessels fish in the EPO to participate in the VMS program established by this resolution. 5. Each Party and cooperating non-Party shall provide to the Director by May 31, 2005, a progress report on its VMS consistent with this resolution. Based on these reports, the Commission will discuss how best to proceed with future consideration of VMS to support its conservation and management program at its annual meeting in June 2005. 6. The Director shall ensure that any information provided to the Director or the Commission pursuant to this resolution is maintained in strict accordance with the Commission’s rules and procedures on confidentiality. 2004 1
IATTC-RES-C-04-10 IATTC Binding MCS In force Microsoft Word - C-04-10 Catch reporting.doc INTER-AMERICAN TROPICAL TUNA COMMISSION COMISIÓN INTERAMERICANA DEL ATÚN TROPICAL 72ª REUNIÓN -- 72ND MEETING LIMA (PERU) 14-18 JUN 2004 RESOLUTION C-04-10 RESOLUTION ON CATCH REPORTING The Inter-American Tropical Tuna Commission (IATTC): Conscious of the importance of transparency in information on total catches for purposes of stock assessment and compliance with management measures, and Notwithstanding the confidentiality provisions of the Rules of Procedure, Agrees as follows: The Director will report annual catches of species covered by the Convention, by flag and gear, to the Parties before 1 June of the following year, except that categories containing two or less vessels or companies shall be pooled. C-04-10 Catch reporting 2004 1
IATTC-RES-C-05-01 IATTC Binding Non-target species Superseded BACKGROUND PAPER 3 INTER-AMERICAN TROPICAL TUNA COMMISSION COMISIÓN INTERAMERICANA DEL ATÚN TROPICAL 73RD MEETING LANZAROTE (SPAIN) 20-24 JUNE 2005 RESOLUTION C-05-01 RESOLUTION ON INCIDENTAL MORTALITY OF SEABIRDS The Inter-American Tropical Tuna Commission (IATTC): Taking into account the FAO International Plan of Action for Reducing the Incidental Catch of Seabirds in Longline Fisheries; Recognizing the need to evaluate the incidental mortality of seabirds during longline fishing operations for tunas and tuna-like species; Noting that fisheries other than longline fisheries targeting tuna and tuna-like species may also contribute to the incidental mortality of seabirds; Further noting that other factors, such as swallowing marine debris, are also responsible for seabird mortality. Recommends as follows: 1. Each IATTC Party, cooperating non-Party, fishing entity or regional economic integration organization (collectively “CPCs”) should inform, if appropriate, the Commission of the status of its National Plan of Action for Reducing Incidental Catches of Seabirds in Longline Fisheries. The Commission should urge CPCs to implement, if appropriate, the International Plan of Action for Reducing Incidental Catches of Seabirds in Longline Fisheries if they have not yet done so. 2. CPCs should be encouraged to collect and voluntarily provide the Commission with all available information on interactions with seabirds, including incidental catches in all fisheries under the purview of IATTC. 3. When feasible and appropriate, the Working Group on Stock Assessment should present to the Commission an assessment of the impact of incidental catch of seabirds resulting from the activities of all the vessels fishing for tunas and tuna-like species, in the eastern Pacific Ocean. This assessment should include an identification of the geographic areas where there could be interactions between longline fisheries and seabirds. C-05-01 Seabirds.doc 2005 1
IATTC-RES-C-05-02 IATTC Binding Tuna species In force BACKGROUND PAPER 3 INTER-AMERICAN TROPICAL TUNA COMMISSION COMISIÓN INTERAMERICANA DEL ATÚN TROPICAL 73RD MEETING LANZAROTE (SPAIN) 20-24 JUNE 2005 RESOLUTION C-05-02 RESOLUTION ON NORTHERN ALBACORE TUNA The Inter-American Tropical Tuna Commission (IATTC), having responsibility for the scientific study of tunas and tuna-like fishes of the eastern Pacific Ocean, and for the formulation of recommendations to the Contracting Parties, cooperating non-Parties, fishing entities and regional economic integration organizations (CPCs) with regard to the conservation and management of these resources, Observing that the best scientific evidence on North Pacific albacore tuna from the International Scientific Committee for Tuna and Tuna-like Species in the North Pacific Ocean indicates that the species is either fully exploited, or may be experiencing fishing mortality above levels that are sustainable in the long term, and Taking note that the IATTC staff has said that the stock assessment for Northern Pacific albacore tuna suggests a need for management measures to avoid increases in fishing mortality, and Recognizing the importance of working with the Commission for the Conservation and Management of Highly Migratory Fish Stocks in the Western and Central Pacific Ocean (WCPFC), as provided for in Article XXIV of the Antigua Convention, in order to manage North Pacific albacore tuna throughout its migratory range, and Recalling further Article 22(4) of the WCPFC Convention that provides for cooperation with the IATTC regarding fish stocks that occur in the convention areas of both organizations; The IATTC therefore resolves that: 1. The total level of fishing effort for North Pacific albacore tuna in the Eastern Pacific Ocean not be increased beyond current levels. 2. The CPCs shall take necessary measures to ensure that the level of fishing effort by their vessels fishing for North Pacific albacore tuna is not increased; 3. All CPCs shall report all catches of North Pacific albacore tuna by gear type to the IATTC every six months. 4. The Director shall, in coordination with other scientific bodies conducting scientific reviews of this stock, monitor the status of North Pacific albacore tuna and report on the status of the stock at each annual meeting; 5. The CPCs shall consider future actions with respect to North Pacific albacore tuna as may be warranted based on the results of such future analysis. 6. The CPCs call upon the members of the WCPFC to consider, at the earliest opportunity, taking such action as may be necessary to ensure the effective conservation and management of North Pacific albacore tuna throughout its range including, in particular, measures to ensure that fishing effort on the stock in the WCPFC area does not increase and, as necessary, measures to reduce fishing effort to levels commensurate with the long-term sustainability of the resource. 7. The Commission through the Director shall communicate with the WCPFC and request them to take similar measures. C-05-02 Northern albacore tuna.doc 8. The provisions of paragraph 2 shall not prejudice the rights and obligations under international law of those coastal CPCs in the EPO whose current fishing activity for northern Pacific albacore tuna is limited, but that have a real interest in, and history of, fishing for the species, that may wish to develop their own fisheries for northern Pacific albacore tuna in the future. C-05-02 Northern albacore tuna.doc 2 2005 1
IATTC-RES-C-05-03 IATTC Binding Non-target species In force BACKGROUND PAPER 3 INTER-AMERICAN TROPICAL TUNA COMMISSION COMISIÓN INTERAMERICANA DEL ATÚN TROPICAL 73RD MEETING LANZAROTE (SPAIN) 20-24 JUNE 2005 RESOLUTION C-05-03 RESOLUTION ON THE CONSERVATION OF SHARKS CAUGHT IN ASSOCIATION WITH FISHERIES IN THE EASTERN PACIFIC OCEAN The Inter-American Tropical Tuna Commission (IATTC): Recalling that the United Nations Food and Agriculture Organization (FAO) International Plan of Action for the Conservation and Management of Sharks calls on States, within the framework of their respective competencies and consistent with international law, to cooperate through regional fisheries organizations with a view to ensuring the sustainability of shark stocks as well as to adopt a National Plan of Action for the conservation and management of sharks; Considering that many sharks are part of pelagic ecosystems in the Convention area, and that sharks are captured in fisheries targeting tunas and tuna-like species; Recognizing the need to collect data on catch, effort, discards, and trade, as well as information on the biological parameters of many species, as part of shark conservation and management; Concerned that an extensive unregulated shark fishery is reported to be conducted in the eastern Pacific Ocean (EPO) by a large number of shark-fishing vessels, including some slightly smaller than 24 m length overall, about which the Commission has little information; Noting that the IATTC has adopted, in its Consolidated Resolution on Bycatch, a requirement for fishermen on purse-seine vessels to release unharmed non-target species, to the extent practicable, including sharks, and that governments with longline fleets also provide the required bycatch information as soon as possible; Believing that specific measures to be respected by vessels of all fishing gears are necessary for the conservation of sharks in the EPO; Resolves as follows: 1. Each Party and co-operating non-party, co-operating fishing entity or regional economic integration organization (collectively “CPCs”) should establish and implement a national plan of action for conservation and management of shark stocks, in accordance with the FAO International Plan of Action for the Conservation and Management of Sharks. 2. In 2006, the IATTC, in cooperation with scientists of CPCs and, if possible, the Western and Central Pacific Fisheries Commission, shall provide preliminary advice on the stock status of key shark species and propose a research plan for a comprehensive assessment of these stocks. 3. CPCs shall take the measures necessary to require that their fishers fully utilize any retained catches of sharks. Full utilization is defined as retention by the fishing vessel of all parts of the shark excepting head, guts, and skins, to the point of first landing. 4. CPCs shall require their vessels to have onboard fins that total no more than 5% of the weight of sharks onboard, up to the first point of landing. CPCs that currently do not require fins and carcasses to be offloaded together at the point of first landing shall take the necessary measures to ensure compliance with the 5% ratio through certification, monitoring by an observer, or other appropriate measures. C-05-03 Sharks.doc 5. The ratio of fin-to-body weight of sharks described in paragraph 4 shall be reviewed by the Working Group on Stock Assessment and reported back to the Commission in 2006 for revision, if necessary. 6. Fishing vessels are prohibited from retaining on board, transshipping, landing or trading in any fins harvested in contravention of this Resolution. 7. In fisheries for tunas and tuna-like species that are not directed at sharks, CPCs shall encourage the release of live sharks, especially juveniles, to the extent practicable, that are caught incidentally and are not used for food and/or subsistence. 8. CPCs shall, where possible, undertake research to identify ways to make fishing gears more selective. 9. CPCs are encouraged, where possible, to conduct research to identify shark nursery areas. 10. The Commission shall consider appropriate assistance to developing CPCs for the collection of data on shark catches. 11. Each CPC shall annually report data for catches, effort by gear type, landing and trade of sharks by species, where possible, in accordance with IATTC reporting procedures, including available historical data. CPCs shall send to the IATTC Secretariat, by May 1, at the latest, a comprehensive annual report of the implementation of this Resolution during the previous year. 12. Paragraphs 2-11 of this resolution apply only to sharks caught in association with fisheries managed by IATTC. C-05-03 Sharks.doc 2005 1
IATTC-RES-C-05-07 IATTC Binding MCS In force BACKGROUND PAPER 3 INTER-AMERICAN TROPICAL TUNA COMMISSION COMISIÓN INTERAMERICANA DEL ATÚN TROPICAL 73RD MEETING LANZAROTE (SPAIN) 20-24 JUNE 2005 RESOLUTION C-05-07 RESOLUTION TO ESTABLISH A LIST OF VESSELS PRESUMED TO HAVE CARRIED OUT ILLEGAL, UNREPORTED AND UNREGULATED FISHING ACTIVITIES IN THE EASTERN PACIFIC OCEAN The Inter-American Tropical Tuna Commission (IATTC): Recalling that the FAO Council adopted on 23 June 2001 an International Plan of Action to prevent, deter and eliminate illegal, unreported and unregulated fishing (IPOA-IUU). This plan stipulates that the identification of the vessels carrying out illegal, unreported and unregulated (IUU) fishing activities should follow agreed procedures and be applied in an equitable, transparent and non-discriminatory way. Concerned that IUU fishing activities in the Convention area undermine the effectiveness of the IATTC conservation and management measures. Further concerned that there is a possibility that vessel owners engaged in such fishing activities may have re-flagged their vessels to avoid compliance with IATTC management and conservation measures. Determined to address the challenge of an increase in IUU fishing activities by way of counter-measures to be applied in respect to vessels, without prejudice to further measures adopted in respect of flag States under the relevant IATTC instruments. Considering the action undertaken in other regional tuna fisheries organizations to address this issue; Conscious of the need to address, as a matter of priority, the issue of vessels conducting IUU fishing activities; and Noting that the situation must be addressed in the light of all relevant international fisheries instruments and in accordance with the relevant rights and obligations established in the World Trade Organization (WTO) Agreement; Resolves as follows: 1. For the purposes of this resolution, vessels fishing for species covered by the IATTC Convention are presumed to have carried out IUU fishing activities in the EPO, inter alia, when an IATTC Party, cooperating non-Party, fishing entity or regional economic integration organization (collectively "CPCs") presents evidence that such vessels: a. Harvest species covered by the IATTC Convention in the EPO and are not on the IATTC Regional Vessel Register, or b. Do not record or report their catches made in the EPO, or make false reports, or c. Take or land undersized fish in contravention of IATTC conservation measures, or d. Fish during closures in contravention of IATTC conservation measures, or e. Use prohibited fishing gear in contravention of IATTC conservation measures, or f. Transship with vessels included in the IATTC IUU Vessel List, established by this resolution, or g. Are without nationality and harvest species covered by the IATTC Convention in the EPO, or h. Engage in fishing activities contrary to any other IATTC conservation and management measures, or i. Are under the control of the owner of any vessel on the IATTC IUU Vessel List. 2. Each CPC shall transmit to the Director, before 1 February of every year, a list of any vessels presumed to have carried out IUU fishing activities in the EPO during the current and previous years, accompanied by the evidence supporting the presumption of IUU fishing activity. The IATTC IUU Vessel List shall be based on information collected by CPCs and from any other relevant sources. Information from CPCs should be provided in the format approved by the Parties. 3. On the basis of the information received pursuant to paragraph 2, the Director shall draw up a draft IATTC IUU Vessel List and shall transmit it, together with all the supporting evidence provided, to all CPCs, as well as to non-parties with vessels on the List, before 1 March of each year. CPCs and non-parties shall, before 15 April, transmit their comments to the Director, as appropriate, including evidence showing that the vessels neither have fished in contravention of IATTC conservation and management measures nor had the possibility of fishing for species covered by the IATTC Convention in the EPO. Upon receipt of the draft IATTC IUU Vessel List, CPCs shall closely monitor the vessels included in the draft List in order to determine their activities and possible changes of name, flag and/or registered owner. 4. On the basis of the information received pursuant to paragraph 3, the Director shall draw up a provisional IATTC IUU Vessel List, and transmit it, two weeks in advance of the Annual Meeting of the Commission, to the CPCs and the non-parties concerned, together with all the evidence provided. 5. CPCs may at any time submit to the Director any additional information which might be relevant for the establishment of the IATTC IUU Vessel List. The Director shall circulate the information, together with all the evidence provided, to the CPCs and to the non-parties concerned, at least two weeks before the Annual Meeting of the Commission. 6. The IATTC-AIDCP Joint Working Group on Fishing by Non-Parties (Joint Working Group) shall each year examine the provisional IATTC IUU Vessel List, as well as the information referred to in paragraphs 3 and 5. The results of this examination may, if necessary, be referred to the Permanent Working Group on Compliance. The Joint Working Group shall remove a vessel from the provisional IATTC IUU Vessel List if the vessel’s flag State demonstrates that: a. The vessel did not engage in any of the IUU fishing activities described in paragraph 1, or b. Effective action has been taken in response to the IUU fishing activities in question, including, inter alia, prosecution, and imposition of sanctions of adequate severity. 7. Following the examination referred to in paragraph 6, the Joint Working Group shall recommend that the Commission approve the provisional IATTC IUU Vessel List, as amended by the Joint Working Group. 8. Once the provisional IATTC IUU Vessel List is adopted by the Commission, the Commission shall ask non-parties with vessels on the IATTC IUU Vessel List to take all the necessary measures to eliminate these IUU fishing activities, including, if necessary, the withdrawal of the registration or the fishing licenses of these vessels, and to inform the Commission of the measures taken in this respect. 9. CPCs shall take all necessary measures, under their applicable legislation and pursuant to paragraphs 56 and 66 of the IPOA-IUU, to: C-05-07 IUU Vessel list.doc 2 a. ensure that vessels flying their flag do not transship with vessels on the IATTC IUU Vessel List; b. ensure that vessels on the IATTC IUU Vessel List that enter ports voluntarily are not authorized to land or transship therein; c. prohibit the chartering of a vessel on the IATTC IUU Vessel List; d. refuse to grant their flag to vessels on the IATTC IUU Vessel List, unless the vessel has changed owner, and the new owner has provided sufficient evidence demonstrating that the previous owner or operator has no further legal, beneficial or financial interest in, or control of, the vessel or, having taken into account all relevant facts, the flag CPC determines that granting the vessel its flag will not result in IUU fishing; e. prohibit commercial transactions, imports, landings and/or transshipment of species covered by the IATTC Convention from vessels on the IATTC IUU Vessel List; f. encourage traders, importers, transporters and others involved, to refrain from transactions in, and transshipment of, species covered by the IATTC Convention caught by vessels on the IATTC IUU Vessel List; g. collect, and exchange with other CPCs, any appropriate information with the aim of searching for, controlling and preventing false import/export certificates for species covered by the IATTC Convention from vessels on the IATTC IUU Vessel List. 10. The Director shall take any measure necessary to ensure publicity of the IATTC IUU Vessel List, in a manner consistent with any applicable confidentiality requirements, including placing it on the IATTC website. Furthermore, the Director shall transmit the IATTC IUU Vessel List to other regional fisheries organizations for the purposes of enhancing co-operation between the IATTC and these organizations aimed at preventing, deterring and eliminating IUU fishing. 11. This resolution shall apply to any fishing vessel greater than 24 meters overall length. 12. Without prejudice to the rights of CPCs and coastal states to take proper action, consistent with international law, the CPCs shall not take any unilateral trade measures or other sanctions against vessels on the draft or provisional IATTC IUU Vessel Lists, pursuant to paragraphs 3 or 4, or that have been removed from the IATTC IUU Vessel List, pursuant to paragraph 6, on the grounds that such vessels are involved in IUU fishing activities. 13. This resolution replaces Resolution C-04-04. C-05-07 IUU Vessel list.doc 3 2005 1
IATTC-RES-C-07-02 IATTC Binding Misc In force Microsoft Word - C-07-02 Cooperating non-party status.doc Resolution C-07-02 1 INTER-AMERICAN TROPICAL TUNA COMMISSION 75TH MEETING CANCUN (MEXICO) 25-29 JUNE 2007 RESOLUTION C-07-02 CRITERIA FOR ATTAINING THE STATUS OF COOPERATING NON- PARTY OR FISHING ENTITY IN IATTC The Inter-American Tropical Tuna Commission (IATTC), meeting in Cancun, Mexico, on the occasion of its 75th Meeting: Recalling Resolution C-04-02 on Criteria for attaining the Status of Cooperating Non-Party or Cooperating Fishing Entity to AIDCP and IATTC; Recognizing the continuing need to encourage non-parties or fishing entities with vessels fishing for species covered by the IATTC Convention to implement the conservation and management measures of the IATTC; and Recognizing the need for clear criteria to enable non-parties or fishing entities whose vessels fish for species covered by the IATTC Convention to attain the status of Cooperating non-Party or Cooperating Fishing Entity; Resolves as follows: 1. Each year, the Director shall contact all non-parties and fishing entities with vessels known to be fishing for species covered by the IATTC Convention, to urge them to become a Party to the IATTC or to attain the status of a Cooperating Non-Party or Cooperating Fishing Entity to IATTC (Cooperating Status). In doing so, the Director shall provide copies of all relevant resolutions adopted by the Commission. 2. Any non-party or fishing entity that seeks to be accorded Cooperating Status shall apply to the Director requesting such status. Such requests must be received by the Director no later than ninety (90) days in advance of an annual meeting of the Commission in order to be considered at that meeting. 3. Non-parties and fishing entities requesting Cooperating Status shall fulfill the following requirements in order to have this status considered by the Commission: a. Information requirements: i. Communicate full data on its historical fisheries in the IATTC area, including nominal catches, number/type of vessels, name of fishing vessels, fishing effort and fishing areas; ii. Communicate annually catch and effort data and size-frequency distribution of the catches (when possible) in due time and appropriate format for scientific evaluation of the stocks; iii. Communicate details on current fishing presence in the area, number of vessels and vessel characteristics; iv. Communicate research programs it has conducted in the IATTC area and share the information and the results with the IATTC. b. Compliance requirements: Resolution C-07-02 2 i. Respect all conservation measures in force in IATTC; ii. Respect the capacity limits already in force in IATTC for tuna vessels; iii. Inform the IATTC of all the management and conservation measures it takes to ensure compliance by its vessels, including inter alia and as appropriate, observer programs, inspection at sea and in port, and Vessel Monitoring Systems (VMS); iv. Respond to alleged violations of IATTC measures by its vessels, as determined by the appropriate bodies, and communicate to IATTC the actions taken against the vessels. c. Participation: Participation at plenary and relevant subsidiary and scientific meetings, as an observer. 4. An applicant for Cooperating Status shall also: a. confirm its commitment to respect the Commission’s conservation and management measures; and b. inform the Commission of the measures it takes to ensure compliance by its vessels with the conservation and management measures of the IATTC. 5. The Joint Working Group on Fishing by non-Parties shall be responsible for reviewing requests for Cooperating Status and for recommending to the Commission whether an applicant should receive Cooperating Status. In granting Cooperating Status, caution shall be used to avoid excess fishing capacity or illegal, unreported and unregulated (IUU) fishing activities in the Convention area. 6. Cooperating Status shall be reviewed and conferred annually by the Commission, if the Cooperating Non-Party or Cooperating Fishing Entity has complied with the criteria for attaining such status established by this resolution. 7. Any Cooperating Non-Party or Cooperating Fishing Entity that has signed, ratified or acceded to the Antigua Convention or the Instrument for the Participation of Fishing Entities attached to Resolution C-03-02 on the Adoption of the Convention for the Strengthening of the Inter-American Tropical Tuna Commission Established by the 1949 Convention Between the United States of America and the Republic of Costa Rica, as appropriate, shall be exempted from submission of the annual application for Cooperating Status as required in paragraph 2 above, if cooperating status has been maintained consistently subsequent to the initial application. Such Cooperating Status shall be subject to annual review as prescribed in paragraph 5 above, and may be revoked by the Commission, if the Cooperating Non-Party or Cooperating Fishing Entity has not complied with the criteria for attaining such status established by this resolution. 8. This resolution replaces Resolution C-04-02 on Criteria for attaining the Status of Cooperating Non- Party or Cooperating Fishing Entity to AIDCP and IATTC. 2007 1
IATTC-RES-C-07-03 IATTC Binding Non-target species In force Microsoft Word - C-07-03 Sea turtles.doc C-07-03 Sea turtles 1 INTER-AMERICAN TROPICAL TUNA COMMISSION 75TH MEETING CANCUN (MEXICO) 25-29 JUNE 2007 RESOLUTION C-07-03 RESOLUTION TO MITIGATE THE IMPACT OF TUNA FISHING VESSELS ON SEA TURTLES The Inter-American Tropical Tuna Commission (IATTC): Considering the adverse effects of fishing for tunas and tuna-like species on the populations of sea turtles in the eastern Pacific Ocean (EPO) through capture and mortality; Recalling and reaffirming the Resolutions on Bycatch adopted at the 66th, 68th, 69th, 72nd, 73rd and 74th Meetings of the Commission in 2000, 2001, 2002, 2004, 2005, and 2006 respectively; Recalling and reaffirming the Resolution on a three-year program to mitigate the impact of tuna fishing on sea turtles adopted at the 72nd Meeting of the Commission in 2004 expires in 2007; Recognizing that the Minutes of the 4th Meeting of the Working Group on Bycatch include longline fisheries data that identify the incidental capture of thousands of sea turtles and their subsequent high mortality in the EPO; Recognizing that the United Nations Food and Agriculture Organization (FAO) adopted Guidelines to reduce sea turtle mortality in fishing operations at its Twenty-sixth Session of the Committee on Fisheries, held in March 2005, and recommended their implementation by regional fisheries bodies and management organizations; Noting that recent international scientific studies on circle hooks show a statistically significant decrease in sea turtle bycatch when such hooks are used in shallow set pelagic longline fishing, but that studies and trials continue in different geographic areas; Further noting that scientific studies indicate that, with the use of large circle hooks, the hooking location can lead to a decrease in the post-release mortality of incidentally caught sea turtles; and Agreeing that additional measures should be undertaken to reduce sea turtle bycatch and mortality in tuna fisheries; Has agreed as follows: ACTIONS BY GOVERNMENTS Contracting Parties, cooperating non-Parties, fishing entities and regional economic integration organizations (collectively “CPCs”) shall: 1. Implement the FAO Guidelines to reduce the bycatch, injury, and mortality of sea turtles in fishing operations and to ensure the safe handling of all captured sea turtles, in order to improve their survival. 2. Beginning in 2008, report to the IATTC annually by 30 June on the progress of implementation of the FAO Guidelines, including information collected on interactions with sea turtles in fisheries managed under the Convention. 3. Enhance the implementation of their respective sea turtle bycatch, injury, and mortality reduction C-07-03 Sea turtles 2 measures that are already in place (using best scientific information) and collaborate with other CPCs in the exchange of information in this area. 4. Implement observer programs for fisheries under the purview of the Commission that may have impacts on sea turtles and are not currently being observed, taking into consideration economic and practical feasibility. 5. Require fishermen on vessels targeting species covered by the Convention to bring aboard, if practicable, any comatose or inactive hard-shell sea turtle as soon as possible and foster recovery, including resuscitation, before returning it to the water. 6. CPCs with purse seine vessels fishing for target species covered by the Convention in the EPO shall: a. Avoid encirclement of sea turtles to the extent practicable. b. Take actions necessary to monitor Fish Aggregating Devices (FADs) for the entanglement of sea turtles, and provide the monitoring results to the Commission as part of the requirement of paragraph 2. c. Require fishermen to release all sea turtles observed entangled in FADs. d. Conduct research and development of modified FAD designs to reduce sea turtle entanglement. Take measures to encourage the use of designs found to be successful at such reduction. 7. CPCs with longline vessels fishing for target species covered by the Convention in the EPO shall: a. Require fishermen to carry and, when sea turtle interactions occur, employ the necessary equipment (e.g. de-hookers, line cutters, and scoop nets) for the prompt release of incidentally- caught sea turtles. b. Continue to improve techniques to further reduce sea turtle bycatch. c. Expeditiously undertake fishing trials to determine the feasibility and effectiveness of appropriate combinations of circle hooks and bait, depth, gear specifications, fishing practices, and other measures in reducing the bycatch, injury, and mortality of sea turtles, assess their effects on the catch of target and other bycatch species, and provide results to the IATTC. d. At future meetings of the Commission, consider measures related to the use of circle hooks and other gear modifications, taking into account the results of research and fishing trials. ACTIONS BY IATTC STAFF 8. The Commission staff shall review information submitted as part of paragraph 2 of this Resolution, results of research and fishing trials provided by CPCs (including the development of modified FADs and effectiveness of circle hook/bait combinations), and any new information available regarding proven techniques to reduce sea turtle bycatch, injury and mortality in fisheries targeting tuna and tuna-like species. Results of this review shall be made available to all CPCs and shall be presented at the next meeting of the IATTC Bycatch Working Group, with the view toward strengthening these resolutions as necessary. 2007 1
IATTC-RES-C-08-02 IATTC Binding MCS Superseded BACKGROUND PAPER 3 INTER-AMERICAN TROPICAL TUNA COMMISSION 78TH MEETING PANAMA CITY (PANAMA) 24-27 JUNE 2008 RESOLUTION C-08-02 RESOLUTION ON ESTABLISHING A PROGRAM FOR TRANSHIPMENTS BY LARGE-SCALE FISHING VESSELS The Inter-American Tropical Tuna Commission (IATTC): Taking account of the need to combat illegal, unregulated and unreported (IUU) fishing activities because they undermine the effectiveness of the conservation and management measures already adopted by the IATTC; Expressing grave concern that organized tuna laundering operations have been conducted, and a significant amount of catches by IUU tuna longline fishing vessels have been transhipped under the names of duly licensed fishing vessels; In view therefore of the need to ensure the monitoring of the transhipment activities by large-scale longline vessels in the Convention Area, including the control of their landings; Resolves as follows: SECTION 1. GENERAL RULES 1. Except under the special conditions outlined below in Section 2 for transhipment operations at sea, all transhipment operations of tuna and tuna-like species in the IATTC Convention Area must take place in port. 2. Each IATTC Party, Cooperating Non-party, fishing entity or regional economic integration organization (collectively “CPCs”) shall take the necessary measures to ensure that large-scale tuna fishing vessels1 (“LSTFVs”) flying its flag comply with the obligations set out in Annex 1 when transshipping in port. 3. This resolution does not apply to troll vessels, pole-and-line vessels or vessels engaged in the transhipment of fresh fish2 at sea. SECTION 2. PROGRAM TO MONITOR TRANSHIPMENTS AT SEA 4. The Commission hereby establishes a program to monitor transhipments at sea, which applies initially to large-scale tuna longline fishing vessels (“LSTLFVs”) and to carrier vessels authorized by their respective flag governments to receive transhipments from these vessels at sea. 5. Each CPC shall determine whether or not to authorize its LSTLFVs to tranship at sea. Any such transhipments must be conducted in accordance with the procedures defined in Sections 3, 4 and 5, and annexes 2 and 3 of this Resolution. SECTION 3. RECORD OF VESSELS AUTHORIZED TO RECEIVE TRANSHIPMENTS-AT- SEA IN THE CONVENTION AREA 6. The Commission shall establish and maintain a record of carrier vessels authorized by their 1 2 For the purposes of this Resolution, “large-scale tuna fishing vessels” are defined as all vessels fishing beyond areas of national jurisdiction and targeting tuna or tuna-like species. For the purposes of this Resolution, “fresh fish” means tuna or tuna-like species that are live, whole or dressed/gutted, but not further processed or frozen. 1 respective flag governments to receive tuna and tuna-like species at sea from LSTLFVs in the Convention Area (IATTC Record of Carrier Vessels). For the purposes of this Resolution, carrier vessels not on this Record are deemed not to be authorized to receive tuna and tuna-like species in at-sea transhipment operations. 7. By 1 July 2008, each CPC shall submit to the Director, in electronic format if possible, the list of the carrier vessels that it has authorized to receive at-sea transhipments from its LSTLFVs in the Convention Area. This list shall include the following information for each vessel: a. The flag of the vessel; b. Name of vessel, register number; c. Previous name (if any); d. Previous flag (if any); e. Details of previous deletion from other registries (if any); f. International radio call sign; g. Type of vessels, length, gross tonnage (GT) and carrying capacity; h. Name and address of owner(s) and operator(s) i. Time period authorized for transshipping 8. Each CPC shall promptly notify the Director, after the establishment of the initial IATTC Record, of any addition to, deletion from and/or modification of the IATTC Record, at the time such changes occur. 9. The Director shall maintain the IATTC Record and take measures to ensure publicity of the Record and through electronic means, including placing it on the IATTC website, in a manner consistent with confidentiality requirements notified by CPCs for their vessels. 10. Carrier vessels authorized for at-sea transhipment shall be required to install and operate a VMS in accordance with Resolution C-04-06 on the establishment of a Vessel Monitoring System (VMS). SECTION 4. AT-SEA TRANSHIPMENT 11. Transhipments by LSTLFVs in waters under the jurisdiction of the CPCs are subject to prior authorization from the Coastal State concerned. CPCs shall take the necessary measures to ensure that LSTLFVs flying their flag comply with the following conditions: Flag State Authorization 12. LSTLFVs are not authorized to tranship at sea unless they have obtained prior authorization from their Flag State. Notification obligations Fishing vessel: 13. To receive the prior authorization mentioned in paragraph 11 above, the master and/or owner of the LSTLFV must notify the following information to its Flag State authorities at least 24 hours in advance of an intended transhipment: a. the name of the LSTLFV and its number in the LSTLFV List, b. the name of the carrier vessel and its number in the IATTC Record of Carrier Vessels, and the product to be transhipped, c. the tonnage by product to be transhipped, d. the date and location of transhipment, e. the geographic location of the tuna catches. The LSTLFV concerned shall complete and transmit to its flag State, not later than 15 days after the 2 transhipment, the IATTC transhipment declaration, along with its number in the IATTC LSTLFV List, in accordance with the format set out in Annex 2. Receiving carrier vessel: 14. The master of the receiving carrier vessel shall complete and transmit the IATTC transhipment declaration to the Director and the flag CPC of the LSTLFV, along with its number in the IATTC Record of Carrier Vessels, within 24 hours of the completion of the transhipment. 15. The master of the receiving carrier vessel shall, 48 hours before landing, transmit an IATTC transshipment declaration, along with its number in the IATTC Record of Carrier Vessels, to the competent authorities of the State where the landing takes place. Regional Observer Program 16. Each CPC shall ensure that, no later than 1 January 2009, all its carrier vessels that tranship at sea have on board an IATTC observer, in accordance with the IATTC Regional Observer Program in Annex 3. The IATTC observer shall monitor compliance with this Resolution, and notably that the transshipped quantities are consistent with the catch reported in the IATTC transhipment declaration. 17. Vessels shall be prohibited from commencing or continuing at-sea transhipping in the Convention Area without an IATTC observer on board, except in cases of force majeure duly notified to the Director. SECTION 5. GENERAL PROVISIONS 18. To ensure the effectiveness of the IATTC conservation and management measures pertaining to species covered by Statistical Document Programs: a. In validating the Statistical Document, Flag CPCs of LSTLFVs shall ensure that transhipments are consistent with the reported catch amount by each LSTLFV. b. The Flag CPC of the LSTLFV shall validate the Statistical Documents for the transhipped fish, after confirming that the transhipment was conducted in accordance with this Resolution. This confirmation shall be based on the information obtained through the IATTC Observer Program. c. CPCs shall require that the catches of species covered by the Statistical Document Programs by LSTLFVs in the Convention Area, when imported into the territory of a CPC, be accompanied by validated statistical documents and a copy of the IATTC transhipment declaration. 19. Each CPC shall report annually before 15 September to the Director: a. The quantities by species transshipped during the previous year. b. The names of its vessels on the IATTC LSTLFV List which have transhipped during the previous year. c. A comprehensive report assessing the content and conclusions of the reports of the observers assigned to carrier vessels which have received transhipment from its LSTLFVs. 20. All tuna and tuna-like species landed in or imported into, the territory of a CPC, either unprocessed or after having been processed on board and which are transhipped, shall be accompanied by the IATTC transhipment declaration until the first sale has taken place. 21. Each year, the Director shall present a report on the implementation of this Resolution to the annual meeting of the Commission, which shall review compliance with this Resolution. 22. These provisions will be applicable from 1 July 2008. At its 2010 Annual Meeting, the Commission shall review and, as appropriate, revise this Resolution. 23. This Resolution replaces Resolution C-06-04. 3 ANNEX 1 CONDITIONS RELATING TO IN-PORT TRANSHIPMENT BY LSTFVS General 1. Transhipment operations in port may only be undertaken in accordance with the procedures detailed below. Notification obligations 2. Fishing vessel: 2.1. At least 48 hours prior to transhipping, the captain of the LSTFV must notify the following information to the Port State authorities: a. the name of the vessel and its number in the IATTC Regional Vessel Register, b. the name of the carrier vessel, and the product to be transhipped, c. the tonnage, by product, to be transhipped, d. the date and location of transhipment, e. the major fishing grounds of the tuna and tuna like species catches. 2.2. The captain of an LSTFV shall, at the time of the transhipment, inform the vessel’s Flag State of the following; a. the products and quantities involved, b. the date and place of the transhipment, c. the name, registration number and flag of the receiving carrier vessel, d. the geographic location of the tuna and tuna like species catches. 2.3. The captain of the LSTFV shall complete and transmit to the vessel’s flag State not more than 15 days after the transhipment, the IATTC transhipment declaration, along with the vessel’s number in the IATTC LSTFV List, in accordance with the format set out in Annex 2. Receiving vessel 3. Not later than 24 hours before the beginning and at the end of the transhipment, the master of the receiving carrier vessel shall inform the Port State authorities of the quantities of catches of tuna and tuna-like species transhipped to the carrier vessel, and complete and transmit to the competent authorities of the vessel’s flag CPC the IATTC transhipment declaration. Landing State 4. The master of the receiving carrier vessel shall, 48 hours before landing, complete an IATTC transhipment declaration, and transmit it to the competent authorities of the landing State where the landing is to take place. 5. The Port State and the landing State referred to in the above paragraphs shall take the appropriate measures to verify the accuracy of the information received, and shall cooperate with the flag CPC of the LSTFV to ensure that landings are consistent with the catches reported by the vessel. This verification shall be carried out so that the vessel suffers the minimum interference and inconvenience and that degradation of the fish is avoided. 6. Each flag CPC with LSTFVs shall report each year to the IATTC the details of the transhipments by its vessels. 4 ANNEX 2 IATTC TRANSHIPMENT DECLARATION 5 6 ANNEX 3 IATTC REGIONAL OBSERVER PROGRAM 1. Each CPC shall require carrier vessels included in the IATTC Record of Carrier Vessels which tranship at sea, to carry an IATTC observer during each transhipment operation in the Convention Area. 2. The Director shall appoint the observers, and shall place them on board the carrier vessels authorized to receive transhipments in the Convention Area from LSTLFVs flying the flag of Parties and of Cooperating non-Parties and fishing entities that implement the IATTC observer program established by this Resolution. Designation of the observers 3. The designated observers shall have the following qualifications to accomplish their tasks: a. sufficient experience to identify species and fishing gear; b. satisfactory knowledge of IATTC conservation and management measures; c. the ability to observe and record information accurately; d. a satisfactory knowledge of the language of the flag of the vessel observed. Obligations of the observer 4. Observers shall: a. not be , to the extent possible, nationals of the flag State of the receiving carrier vessel; b. be capable of performing the duties set forth in point 5 below; c. be included in the list of observers maintained by the Director; d. not be a crew member of an LSTLFV or an employee of an LSTLFV company. 5. The observer’s tasks shall be, in particular, to: 5.1. on the LSTFLV intending to tranship to a carrier vessel, and before the transhipment takes place: i. check the validity of the fishing vessel’s authorization or license to fish for tuna and tuna- like species in the Convention Area; ii. check and record the total quantity of catch on board, and the quantity to be transferred to the carrier vessel; iii. check that the VMS is functioning , and examine the logbook; iv. verify whether any of the catch on board resulted from transfers from other vessels, and check the documentation on such transfers; v. in the case of an indication that there are any violations involving the fishing vessel, immediately report the violations to the master of the carrier vessel. vi. record the results of these duties on the fishing vessel in the observer’s report. 5.2. on the carrier vessel: a. monitor the carrier vessel’s compliance with the relevant conservation and management measures adopted by the Commission. In particular the observers shall: i. record and report upon the transhipment activities carried out; ii. verify the position of the vessel when engaged in transhipping; iii. observe and estimate products transhipped; iv. verify and record the name of the LSTLFV concerned and its registration number; v. verify the data contained in the transhipment declaration; vi. certify the data contained in the transhipment declaration; vii. countersign the transhipment declaration; b. issue a daily report of the carrier vessel’s transhipping activities; c. establish general reports compiling the information collected in accordance with this paragraph and provide the captain the opportunity to include therein any relevant information. d. submit to the Director the aforementioned general report within 20 days from the end of the period of observation. e. exercise any other functions as defined by the Commission. 6. Observers shall treat as confidential all information with respect to the fishing operations of the LSTLFVs and of the LSTLFVs owners and accept this requirement in writing as a condition of appointment as an observer; 7. Observers shall comply with requirements established in the laws and regulations of the flag State which exercises jurisdiction over the vessel to which the observer is assigned. 8. Observers shall respect the hierarchy and general rules of behavior which apply to all vessel personnel, provided such rules do not interfere with the duties of the observer under this program, and with the obligations of vessel personnel set forth in paragraph 9 of this program. Obligations of the Flag States of carrier vessels 9. The responsibilities regarding observers of the flag States of the carrier vessels and their captains shall include the following, notably: a. Observers shall be allowed access to the vessel personnel and to the gear and equipment; b. Upon request, observers shall also be allowed access to the following equipment, if present on the vessels to which they are assigned, in order to facilitate the carrying out of their duties set forth in paragraph 5: i. satellite navigation equipment; ii. radar display viewing screens when in use; iii. electronic means of communication. c. Observers shall be provided accommodations, including lodging, food and adequate sanitary facilities, equal to those of officers; d. Observers shall be provided with adequate space on the bridge or pilot house for clerical work, as well as space on deck adequate for carrying out observer duties; and e. The flag States shall ensure that captains, crew and vessel owners do not obstruct, intimidate, interfere with, influence, bribe or attempt to bribe an observer in the performance of his/her duties. 10. The Director, in a manner consistent with any applicable confidentiality requirements, is requested to provide to the flag State of the carrier vessel under whose jurisdiction the vessel transhipped and to the Flag CPC of the LSTLFV, copies of all raw data, summaries, and reports pertaining to the trip. Obligations of LSTLFVs during transhipments 11. Observers shall be allowed to visit the fishing vessel, if weather conditions permit, and shall be granted access to personnel and areas of the vessel necessary to carry out their duties set forth in paragraph 5. 12. The Director shall submit the observer reports to the Compliance Working Group and to the Stock Assessment Review Meeting. 7 Observer fees 13. The costs of implementing this program shall be financed by the flag CPCs of LSTLFVs wishing to engage in transhipment operations. The fee shall be calculated on the basis of the total costs of the program. This fee shall be paid into a special account of the Director and the Director shall manage the account for implementing the program; 14. No observer shall be assigned to a vessel for which the fees, as required under paragraph 13, have not been paid. 8 2008 1
IATTC-RES-C-08-03 IATTC Binding MCS In force BACKGROUND PAPER 3 INTER-AMERICAN TROPICAL TUNA COMMISSION COMISIÓN INTERAMERICANA DEL ATÚN TROPICAL 78TH MEETING PANAMA CITY (PANAMA) 24-27 JUNE 2008 RESOLUTION C-08-03 IMPLEMENTATION PROCEDURES FOR THE OBSERVER PROGRAM FOR AT-SEA TRANSSHIPMENTS BY LARGE-SCALE TUNA LONGLINE FISHING VESSELS The Inter-American Tropical Tuna Commission (IATTC): Expressing the need to implement a Program for at-sea transshipments by large-scale tuna longline fishing vessels (LSTLFVs), in accordance with Resolution C-06-04; Resolves as follows; 1. An informal Ad Hoc Working Group shall be established, composed primarily of those CPCs that have experience in observer programs for at-sea transshipments by LSTLFVs. 2. The first meeting of the Working Group shall be held on the occasion of the Northern Committee of the WCPFC in Tokyo from 11 to 13 September 2008. 3. The Director shall evaluate the approximate costs of implementing the observer program for carrier vessels established in paragraph 16 of Resolution C-06-04, which is similar to that implemented in ICCAT, by means of a service contract with an external agency, and shall report the results to the first meeting of the Working Group. 4. The Working Group shall decide how the costs of the program shall be shared among the participating CPCs for the implementation of the program from 1 January 2009. 5. Each CPC that participates in the at-sea transshipment program shall submit to the Director, by 30 September of each year, the plans of transshipment, including the number of LSTFLVs that will participate in at-sea transshipment for the following year and the number of carrier vessel cruises, for the Director to calculate the accurate cost of the program and to arrange for observers and other associated matters. 6. The Director shall evaluate the costs of implementing the observer program for carrier vessels by expanding the IATTC observer program under the Agreement on the International Dolphin Conservation Program (AIDCP), i.e., the Director shall be in charge of the implementation of the observer program, including the hiring, training, dispatch, and management of the observers aboard carrier vessels. The Director shall submit the results of this evaluation to the members of the Working Group one month prior to the IATTC Annual Meeting in 2009. The Working Group shall examine the results of the evaluation and decide whether to recommend to the IATTC Annual Meeting in 2009 that the observer program be changed from the service contract with an external agency to the expanded IATTC observer program. 7. The IATTC Annual Meeting in 2009 shall consider a decision on that change. 1 2008 1
IATTC-RES-C-09-01 IATTC Binding Tuna species In force Microsoft Word - C-09-01 Tuna conservation 2009-2011.doc INTER-AMERICAN TROPICAL TUNA COMMISSION 80TH MEETING LA JOLLA, CALIFORNIA (USA) 8-12 JUNE 2009 RESOLUTION C-09-01 RESOLUTION ON A MULTIANNUAL PROGRAM FOR THE CONSERVATION OF TUNA IN THE EASTERN PACIFIC OCEAN IN 2009-2011 The Inter-American Tropical Tuna Commission (IATTC): Being responsible for the scientific study of the tunas and tuna-like species of the eastern Pacific Ocean (EPO) and for formulating recommendations to the High Contracting Parties, cooperating non-Parties, Cooperating Fishing Entity and Regional Economic Integration Organization (collectively “CPCs”) with regard to these resources, and having maintained, since 1950, a continuous scientific program dedicated to the study of these resources, Recognizes, based on past experience in the fishery, that the potential production from the resource can be reduced if fishing effort is excessive; Aware, that previous conservation and management measures adopted by the Commission, and although the catches of bigeye and yellowfin tunas have decreased, capacity continues to increase, Observes that the yellowfin tuna resource in the EPO supports one of the most important surface fisheries for tunas in the world; Taking into account the best scientific information available, reflected in the staff’s recommendations and in the report of the Working Group on Stock Assessments in May 2009; Considering that the studies of bigeye tuna presented show that the stock is below a level that would produce the maximum sustainable yield (MSY), and that the studies of yellowfin tuna indicate that the spawning stock will likely decline under current levels of fishing mortality; Considering that the population of bigeye is the same for all the Pacific Ocean, from east to west; Recognizing the importance of urging the Western and Central Pacific Fisheries Commission (WCPFC) to adopt parallel conservation measures for the tuna stocks in that region, and in particular, the shared stocks of highly migratory tunas in the Pacific Ocean; Resolves as follows: 1. This resolution is applicable in the years 2009-2011 to all purse-seine vessels of IATTC capacity classes 4 to 6 (more than 182 metric tons carrying capacity), and to all longline vessels over 24 meters length overall, that fish for yellowfin, bigeye and skipjack tunas in the EPO. 2. Pole-and-line, troll, and sportfishing vessels, and purse-seine vessels of IATTC capacity classes 1-3 (less than 182 metric tons carrying capacity) are not subject to this resolution. 3. All purse-seine vessels covered by this resolution must stop fishing in the EPO for a period of 59 days in 2009, 62 days in 2010, and 73 days in 2011. These closures shall be effected in one of two periods in each year as follows: 2009 – 1 August to 28 September, or from 21 November to 18 January 2010; 1 2010 – 29 July to 28 September, or from 18 November to 18 January 2011; 2011 – 18 July to 28 September, or from 7 November to 18 January 2012. In 2011 the results of the conservation measures adopted shall be evaluated, in the context of the results of the stock assessments for 2011 and, depending on the conclusions reached by the scientific staff of the Commission, the period of duration of the closure for that year shall be ratified or adjusted. 4. Notwithstanding the provisions of paragraph 3, purse-seine vessels of IATTC capacity class 4 (between 182 and 272 metric tons carrying capacity) will be able to make only one single fishing trip of up to 30 days duration during the specified closure periods, provided that any such vessel carries an observer of the On-Board Observer Program of the Agreement on the International Dolphin Conservation Program (AIDCP). 5. That the fishery for yellowfin, bigeye, and skipjack tuna by purse-seine vessels within the area of 96º and 110ºW and between 4°N and 3°S illustrated in Figure 1 be closed from 0000 hours on 29 September to 2400 hours on 29 October. Figure 1. Closure area 6. In each one of the years covered by this resolution, and for each one of the two closure periods, each CPC shall notify the Director, by 15 July in 2009 and by 15 April in 2010-2011, the names of all the purse-seine vessels that will observe each closure period. Every vessel that fishes during 2009-2011, regardless of the flag under which it operates or whether it changes flag or the jurisdiction of CPC under which it fishes during the year, must observe the closure period to which it was committed. 7. Each CPC shall, for purse-seine fisheries: a. Before the date of entry into force of the closure, take the legal and administrative measures necessary to implement the closure; b. Inform all interested parties in its national tuna industry of the closure; c. Inform the Director that these steps have been taken; d. Ensure that at the time a closure period begins, and for the entire duration of that period, all the purse-seine vessels fishing for yellowfin, bigeye, or skipjack tunas that are committed to observing that closure period and that fly its flag, or operate under its jurisdiction, in the EPO are in port, except that vessels carrying an observer from the AIDCP On-Board Observer Program 2 may remain at sea, provided they do not fish in the EPO. 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 in the EPO. 8. Each CPC shall take the measures necessary to control the total annual catch of bigeye tuna in the EPO during 2009-2011 by longline tuna vessels fishing under its jurisdiction. 9. China, Japan, Korea, and Chinese Taipei shall take the measures necessary to ensure that their total annual longline catches of bigeye tuna in the EPO during 2009-2011 do not exceed the following levels: Metric tons 2009 2010 China 2,533 2,507 Japan 32,713 32,372 Korea 12,073 11,947 Chinese Taipei 7,635 7,555 10. For 2011, the total annual longline catches of bigeye tuna in the EPO shall be adjusted appropriately based on the conservation measures adopted for purse-seine vessels in 2011, as ratified or adjusted in accordance with paragraph 3. 11. Other CPCs shall take the measures necessary to ensure that their total annual longline catches of bigeye tuna in the EPO during 2009-2010 do not exceed the greater of 500 metric tons or their respective catches of bigeye tuna in 20011,2. CPCs whose annual catches have exceeded 500 metric tons shall provide monthly catch reports to the Director. For 2011, the limits in this paragraph shall remain in effect if the Commission maintains conservation measures for purse-seine vessels, as ratified or adjusted in accordance with paragraph 3 12. To prohibit landings and transshipments of tuna or tuna products that have been positively identified as originating from fishing activities that contravene this resolution. The Director shall provide relevant information to the Parties to assist them in this regard. 13. Each CPC shall notify the Director, by 15 July in 2009 and by 15 April in 2010-2011, of national actions taken to implement this resolution, including any controls it has imposed on its fleets and any monitoring, control, and compliance measures it has established to ensure compliance with such controls. 14. To evaluate progress towards the objectives of this resolution, in 2010 and 2011, the IATTC scientific staff will analyze the effects on the stocks of the implementation of this resolution, Resolution C-06- 02, Resolution C-04-09, and previous conservation and management measures, and will propose, if necessary, appropriate measures to be applied in future years. 15. To authorize the Director to develop, in consultation with interested Parties a pilot program for research into, and gathering information on, the FADs used to aggregate tunas in the EPO. As an integral part of the program, initiate, in the first quarter of 2010, in Manta (Ecuador), a research and information-gathering program for FADs. The program shall include, inter alia, provisions for the marking of FADs, maintaining a record of the numbers of FADs on board each vessel at the beginning and end of each fishing trip, and recording the date, time, and position of deployment of each FAD. The Director shall report on the status of this effort at the next annual meeting of the IATTC. The information collected shall be held by the Commission staff, and shall be made available The Parties acknowledge that France, as a coastal State, is developing a tuna longline fleet on behalf of its overseas territories situated in the EPO. The Parties acknowledge that Peru, as a coastal State, will develop a tuna longline fleet, which will operate in strict compliance with the rules and provisions of the IATTC and in accordance with the resolutions of the Commission. 3 1 2 to CPCs, subject to any confidentiality rules or policies that the Commission may establish, which must be defined before the program begins.. 16. Subject to the availability of the necessary funding, the Director shall continue the experiments with sorting grids for juvenile tunas and other species of non-target fish in the purse-seine nets of vessels that fish on FADs and on unassociated schools, by developing an experimental protocol, including parameters for the materials to be used for the sorting grids, and the methods for their construction, installation, and deployment. The Director shall also specify the methods and format for the collection of scientific data to be used for analysis of the performance of the sorting grids. The foregoing is without prejudice to each CPC carrying out its own experimental programs with sorting grids and presenting its results to the Director. 17. Renew, for 2010, the program to require all purse-seine vessels to first retain on board and then land all bigeye, skipjack, and yellowfin tuna caught, except fish considered unfit for human consumption for reasons other than size. A single exception shall be the final set of a trip, when there may be insufficient well space remaining to accommodate all the tuna caught in that set. At its annual meeting in 2010, the Commission shall review the results of the program, including compliance, and decide whether to continue it. 18. The Director shall continue efforts to promote compatibility between the conservation and management measures adopted by IATTC and WCPFC in their goals and effectiveness, including by frequent consultations with his counterpart in WCPFC, so that they can maintain, and inform their respective organizations of, a thorough understanding of conservation and management measures directed at bigeye, yellowfin, and other tunas, and the scientific bases and effectiveness of those measures. 4 2009 1 1 1
ICCAT-REC-1993-04 ICCAT Binding Tuna species Superseded \\Jluis\disco g\Recom_Resol\COMPENDIUM_ENG\A_YFT-BET-TROP_SEP 2 93-4 YFT – RECOMMENDATION – SUPPLEMENTAL YFT MEASURES: LIMIT ON EFFORT TITLE: Recommendation by ICCAT on Supplemental Regulatory Measures for the Management of Atlantic Yellowfin Tuna (Entered into force: May 31, 1994) IN VIEW of the converging conclusions of the ICCAT Standing Committee on Research and Statistics (SCRS) concerning the state of the stock of Atlantic yellowfin tuna, THE INTERNATIONAL COMMISSION FOR THE CONSERVATION OF ATLANTIC TUNAS (ICCAT) RECOMMENDS: 1 That there be no increase in the level of effective fishing effort exerted on Atlantic yellowfin tuna, over the level observed in 1992. 2 That all countries whose vessels currently exploit Atlantic yellowfin tuna, or may do so in the future, irrespective of whether or not such vessels fly a flag of the Contracting Parties to the ICCAT Convention, implement the measure indicated in paragraph 1 above. 1993 1
ICCAT-REC-1997-01 ICCAT Binding MCS Partially \\Jluis\Disco G\Recom_Resol\COMPENDIUM_ENG\G_COMPLY_SEP 27.wpd 97-1 COMPLY –RECOMMENDATION – IMPROVE COMPLIANCE WITH MINIMUM SIZE REGULATIONS TITLE: Recommendation by ICCAT to Improve Compliance with Minimum Size Regulations (Entered into force: June 13, 1998) RECOGNIZING that some Contracting Parties are not complying with the minimum size regulations for ICCAT stocks; ACKNOWLEDGING that compliance with minimum size regulations would improve the state of ICCAT stocks; NOTING THAT to better assess all harvest of ICCAT stock, parties, entities or fishing entities should make every effort to submit timely and complete Task II information (catch and effort statistics in detailed time/area strata and size data by ICCAT sampling areas and quarterly periods). Therefore, THE INTERNATIONAL COMMISSION FOR THE CONSERVATION OF ATLANTIC TUNAS (ICCAT) RECOMMENDS: 1 That Contracting Parties immediately implement measures to ensure the monitoring and enforcement of the minimum size regulations for ICCAT stocks; 2 That at the 1998 Commission meeting, and each year thereafter, each Contracting Party who has harvested any bluefin tuna weighing less than 3.2 kg, or whose harvest of any ICCAT stock exceeds the specified minimum size tolerance level adopted by the Commission, explain to the Compliance Committee: a) The magnitude of the over-harvest; b) Domestic measures implemented to avoid further over-harvest; c) Monitoring of compliance with domestic measures; and d) Any other actions to be taken to prevent further over-harvest; 3 That beginning at the 2000 Commission Meeting, if any Contracting Party's actions pursuant to paragraph (2) have failed to prevent further over-harvest, the Commission may recommend measures to reduce harvest of undersized fish, which may include, but are not limited to, time and area closures, assignment of small fish quotas, and/or gear restrictions. 1997 1
ICCAT-REC-1997-10 ICCAT Binding MCS Superseded \\Jluis\Disco G\Recom_Resol\COMPENDIUM_ENG\G_COMPLY_SEP 27.wpd 97-10 COMPLY – RECOMMENDATION – REVISED ICCAT PORT INSPECTION SCHEME TITLE: Recommendation by ICCAT for a Revised ICCAT Port Inspection Scheme (Entered into force: June 13, 1998) RECOGNIZING that many parties currently have port inspection schemes in place; THE INTERNATIONAL COMMISSION FOR THE CONSERVATION OF ATLANTIC TUNAS (ICCAT) RECOMMENDS THAT: 1 Inspection shall be carried out by the appropriate authorities of the Contracting Parties, who will monitor compliance with the Commission's conservation measures for all ICCAT species, at their own ports, without discrimination. Inspectors shall produce identification as provided by the national government. 2 In the case of an apparent violation by a foreign fishing vessel, the inspector shall draw up a report of the inspection on a form standardized by the Commission, or on a form produced by the national government which collects the same quality of information. The inspector must sign the report in the presence of the master of the vessel, who shall be entitled to add or have added to the report any observations, and to add his own signature. The inspector should note in the vessel's logbook that an inspection was made. Copies of the form must be sent to the flag state of the vessel and to the ICCAT Secretariat within 10 days. In the case of a violation by a domestic vessel, domestic procedures will be followed for documentation, which must also provide the same quality of information as the standard ICCAT form. 3 An inspector may examine the fish, fishing gear, fish samples, and all relevant documents, including fishing logbooks and cargo manifest (in the case of a mother ship or carrier vessel), to verify compliance with ICCAT measures. The master of the vessel is required to cooperate with the inspector. Inspections shall be carried out so that the vessel suffers the minimum interference and inconvenience and that degradation of the quality of the fish is avoided. 4 Parties shall consider and act on reports of apparent violations by foreign inspectors on a similar basis as the reports of national inspectors in accordance with their national legislation. Contracting Parties shall collaborate, in accordance with their legislation, in order to facilitate judicial or other proceedings arising from reports of inspectors acting under these arrangements. 5 For cases in which an apparent violation has occurred, the vessel's flag state shall notify ICCAT of actions taken to address the violation. 6 All parties shall inform their vessel masters who are fishing on ICCAT species of the regulations. The masters shall also be instructed to cooperate with the inspectors in national as well as foreign ports. 7 Parties whose vessels enter, land, or tranship their catches in ports other than their own, can send their own inspectors to inspect their own vessels with respect to the observance of the Commission's regulations, having previously obtained an invitation from the port state in which the inspection shall be executed. In addition, parties are encouraged to enter into bilateral agreements/arrangements that allow for an inspector exchange program designed to promote cooperation, share information, and educate each party's inspectors on strategies and operations that promote compliance with ICCAT's management measures. The countries' national report should include a description of such programs. NB: The Commission agreed that most ICCAT recommendations can only be enforced during off-loading, and therefore this is the most fundamental and effective tool for monitoring and inspection. This recommendation would modify the existing ICCAT port inspection scheme to require national port inspection schemes and to provide minimum standards in conducting port inspection of foreign and domestic vessels during off-loading and transhipment operations of all ICCAT species. The purpose of the port inspection scheme is to ensure individual vessel compliance as well as to facilitate overall monitoring of each party's fisheries for ICCAT species. ICCAT hopes that the parties will actually exceed these minimum standards in order to effect timely and accurate monitoring of landings and transshipments, check compliance with ICCAT management measures, ensure quotas are not exceeded, and collect data and other information on landings and transshipments. 1997 1
ICCAT-REC-1997-11 ICCAT Binding MCS In force \\Jluis\Disco G\Recom_Resol\COMPENDIUM_ENG\G_COMPLY_SEP 27.wpd 97-11 COMPLY – RECOMMENDATION – TRANSSHIPMENTS & VESSEL SIGHTINGS TITLE: Recommendation by ICCAT on Transshipments and Vessel Sightings (Entered into force: June 13, 1998) RECOGNIZING the importance of ensuring that at-sea transshipments do not undermine ICCAT conservation measures; and ALSO RECOGNIZING the importance of cooperating with respect to the sightings of vessels which may be fishing contrary to ICCAT conservation measures; THE INTERNATIONAL COMMISSION FOR THE CONSERVATION OF ATLANTIC TUNAS (ICCAT) RECOMMENDS THAT: 1 Contracting Parties shall ensure that fishing vessels and mother vessels flying their flag only transfer or receive at-sea transshipment of ICCAT species from Contracting Parties and Cooperating [Parties, Entities, or Fishing Entities], as defined in the "Resolution on Becoming a Cooperating Party, Entity or Fishing Entity" adopted by the Commission in 1997. Such transshipment activities shall be reported annually to the Commission. 2 Any sightings of vessels that appear to be without nationality (stateless) that may be fishing for ICCAT species shall be reported immediately to the appropriate authorities of the Contracting Party whose vessel or aircraft made the sighting. Where there are reasonable grounds for suspecting that a fishing vessel targeting ICCAT species on the high seas is stateless, a Contracting Party may board and inspect the vessel. Where evidence so warrants, the Contracting Party may take such action as may be appropriate in accordance with international law. Any Contracting Party receiving a report of a sighting or conducting an action against a stateless fishing vessel shall immediately notify the ICCAT Secretariat, which, in turn, shall notify all other Contracting Parties. In addition, Contracting Parties are encouraged to establish points of contact to facilitate cooperation and other appropriate actions 3 Any observation by a Contracting Party vessel or aircraft of Contracting Parties' vessels that may be fishing contrary to ICCAT conservation measures shall be reported immediately to the appropriate authorities of the flag-State making the observation. That Contracting Party shall then immediately notify the appropriate authorities of the flag-State of the vessel fishing. Each Contracting Party making the observation and the Contracting Party whose fishing vessels were observed shall provide the pertinent information to the ICCAT Secretariat for review by the Compliance Committee. 4 Any observation by a Contracting Party vessel or aircraft of non-contracting party, entity or fishing entity vessels that may be fishing contrary to ICCAT conservation measures shall be reported immediately to the appropriate authorities of the flag-State making the observation. The Contracting Party shall then notify immediately the appropriate authorities of the flag-State of the vessel fishing. Each Contracting Party making the observation shall also immediately notify the ICCAT Secretariat, which, in turn, shall notify the other Contracting Parties. 1997 1
ICCAT-REC-1998-03 ICCAT Binding Tuna species Superseded \\Jluis\disco g\Recom_Resol\COMPENDIUM_ENG\A_YFT-BET-TROP_SEP 2 98-3 BET – RECOMMENDATION – ON FISHING VESSELS >24m LOA TITLE: Recommendation by ICCAT on the Bigeye Tuna Conservation Measures for Fishing Vessels Larger than 24 m Length Overall (LOA) (Entered into force: June 21, 1999) RECALLING that in 1997 the Commission urged parties to reduce catches of bigeye tuna to levels below MSY; RECOGNIZING that the Commission has requested that the Standing Committee on Research and Statistics (SCRS) study and present at its 1999 meeting a range of possible stock recovery scenarios; CONSIDERING the importance of establishing interim measures pending the development in 1999 by the Commission of a stock recovery plan; THE INTERNATIONAL COMMISSION FOR THE CONSERVATION OF ATLANTIC TUNAS (ICCAT) RECOMMENDS THAT: 1 Each Contracting Party or Cooperating non-Contracting Party, entity or fishing entity shall, in 1999 and thereafter, limit the number of their fishing vessels larger than 24 meters length overall (LOA), with the exclusion of recreational vessels, which will fish for bigeye tuna in the Convention area to the average number of its fishing vessels actually having fished for bigeye tuna in the Convention area for two years of 1991 and 1992. Such limitation of the vessel numbers shall be associated with a limitation of Gross Registered Tonnage (GRT) so as not to increase the total fishing capacity. 2 By August 31, 1999, each Contracting Party or Cooperating non-contracting party, entity or fishing entity shall report to the Commission the limit on the fishing vessel number established pursuant to paragraph 1.above and the basis for calculation. The Commission shall review the appropriateness of such limit and its calculation basis at the 1999 meeting. 3 That paragraphs 1 and 2 above do not apply to Contracting Parties or Cooperating non-contracting parties, entities or fishing entities that catch annually less than 2,000 MT of bigeye tuna on an average of the recent five years. When the annual catch of any of those Parties / entities or fishing entities exceeds 2000 MT before 2001, the Commission should consider and recommend, if appropriate, new conservation measures for bigeye tuna, applicable to them. 4 The Commission will consider in 1999 options of conservation measures to manage by-catch of bigeye tuna by other fisheries targeting tunas and tuna-like fishes. 5 That the Commission shall review, at the 2001 meeting, the effectiveness of this effort control in conjunction with the stock recovery plan. 6 Notwithstanding paragraph 1 above, the Commission shall request Chinese Taipei to limit in 1999 and thereafter catches of Atlantic bigeye tuna to 16,500 MT and the number of their fishing vessels fishing for Atlantic bigeye tuna to 125. Such limitation of the vessel number shall be associated with a limitation of Gross Registered Tonnage (GRT) so as not to increase the total fishing capacity. 7 Without prejudice to the full implementation of this Recommendation, parties should bear in mind the interest of all countries, entities and fishing entities concerned, in accordance with their rights and obligations under international law, particularly those of developing coastal countries in developing their own fisheries. In this regard, the parties recognize that further action may be required, consistent with the need to ensure the sustainability of the fishery resources. 1998 1
ICCAT-REC-1998-08 ICCAT Binding Tuna species In force \\Jluis\disco g\Recom_Resol\COMPENDIUM_ENG\C_ALB_SEP 27.wpd 98-8 ALB – RECOMMENDATION – LIMITATION OF FISHING CAPACITY ON N. ALBACORE TITLE: Recommendation by ICCAT Concerning the Limitation of Fishing Capacity on Northern Albacore (Entered into force: June 21, 1999) RECOGNIZING that the stock of northern albacore is considered by the Commission’s Standing Committee on Research and Statistics (SCRS) to be close to full exploitation; RECALLING that SCRS has recommended over the last years that fishing mortality on this stock should not be increased with regard to the current level; CONSIDERING that, in order to prevent a further increase in fishing mortality it is necessary to limit the fishing capacity at the level of recent years; THE INTERNATIONAL COMMISSION FOR THE CONSERVATION OF ATLANTIC TUNAS (ICCAT) RECOMMENDS THAT: 1 Contracting Parties, non-contracting parties, entities or fishing entities fishing for northern albacore shall limit the fishing capacity of their vessels, exclusive of recreational vessels, for this stock from 1999 onwards, through a limitation of the number vessels to the average number in the period 1993-1995. 2 In order to control the compliance with this recommendation, Contracting Parties, and non-contracting parties, entities or fishing entities shall submit, by 1 June 1999, a list of the vessels, exclusive of recreational vessels, participating in a directed fishery for northern albacore in the years referred to in paragraph 1 and, by 1 June and every year thereafter, the list of vessels which will participate in a directed fishery for this stock. 3 The provisions of paragraphs 1 and 2 will not apply to Contracting Parties, non-contracting parties, entities or fishing entities whose average catches are less than 200 MT. 4 Contracting Parties, non-contracting parties, entities and fishing entities referred to in paragraph 3 above shall limit their annual catches to 200 MT. 5 Contracting Parties, non-contracting parties, entities or fishing entities which have already met or will meet by the end of 1999 the requirements of paragraph 1 are not subject to the requirements of paragraphs 3 and 4 and are subject to the reporting requirements of paragraph 2. 6 Japan endeavor to limit its total catches of northern albacore to no more than 4% by weight of its total longline bigeye tuna catch in the Atlantic Ocean. 7 The Commission request SCRS to carry out an evaluation of the fishing capacity of the different fleets / gears that participate in this fishery with a view to establish fishing effort correspondence. 1998 1
ICCAT-REC-1998-11 ICCAT Binding MCS Partially \\Jluis\Disco G\Recom_Resol\COMPENDIUM_ENG\G_COMPLY_SEP 27.wpd 98-11 COMPLY – RECOMMENDATION – BAN ON LANDINGS & TRANSHIPMENTS TITLE: Recommendation by ICCAT Concerning the Ban on Landings and Transshipments of Vessels From Non-Contracting Parties Identified as Having Committee a Serious Infringement (Entered into force: June 21, 1999) RECOGNIZING the importance of ensuring compliance of vessels from non-contracting parties, entities or fishing entities with ICCAT rules; CONSIDERING that ICCAT adopted in November 1997 a Recommendation concerning the transhipments and vessel sightings and that, therefore, Contracting Parties of ICCAT have an obligation to report immediately the sightings of vessels from non-contracting parties, entities or fishing entities fishing in contravention to ICCAT rules; THE INTERNATIONAL COMMISSION FOR THE CONSERVATION OF ATLANTIC TUNAS (ICCAT) RECOMMENDS THAT: 1 A vessel flying the flag of a non-contracting party, entity or fishing entity, which has been sighted in the ICCAT Convention Area, in conformity with the conditions of paragraph 4 of the “Recommendation by ICCAT on Transshipment and Vessel Sightings”, adopted in November 1997, is presumed to be undermining ICCAT conservation measures. 2 When a vessel of a non-contracting party, entity or fishing entity referred to in paragraph 1 enters voluntarily a port of any Contracting Party, it shall be inspected by authorized Contracting Party officials knowledgeable of ICCAT measures and shall not be allowed to land or tranship any fish until this inspection has taken place. Such inspections shall include the vessel's documents, logbooks, fishing gear, catch on board and any other matter relating to the vessel's activities in the Convention Area. 3 Landings and transhipments of all fish from vessels of a non-contracting party, entity or fishing entity which have been inspected pursuant to paragraph 2, shall be prohibited in all Contracting Party ports if such inspection reveals that the vessel has onboard species subject to ICCAT conservation measures, unless the vessel establishes that the fish were caught outside the Convention Area or in compliance with the relevant ICCAT conservation measures and requirements under the Convention. 4 Information on the results of all inspections of vessels of non-contracting parties, entities or fishing entities, conducted in the ports of Contracting Parties, and any subsequent action, shall be transmitted immediately to the Commission. The Secretariat shall transmit this information to all Contracting Parties and to the relevant flag State(s). 1998 1
ICCAT-REC-1998-14 ICCAT Binding MCS Superseded \\Jluis\Disco G\Recom_Resol\COMPENDIUM_ENG\G_COMPLY_SEP 27.wpd 98-14 COMPLY – RECOMMENDATION – APPLICATION OF 3 COMPLIANCE RECOMMENDATIONS TITLE: Recommendation by ICCAT on Application of Three Compliance Recommendations (Entered into force: June 21, 1999) RECALLING the “Recommendation on Application of the Recommendation by ICCAT Regarding Compliance in the Bluefin Tuna and North Atlantic Swordfish” fisheries adopted at the 1996 Commission Meeting, the “Recommendation by ICCAT Regarding Compliance in the South Atlantic Swordfish Fishery”, adopted at the 1997 Commission meeting, and the “Recommendation by ICCAT to Improve Compliance with Minimum Size Regulations” adopted at the 1997 Commission Meeting; RECOGNIZING the need to establish procedures regarding the implementation of the three compliance recommendations; THE INTERNATIONAL COMMISSION FOR THE CONSERVATION OF ATLANTIC TUNAS (ICCAT) RECOMMENDS THAT: 1 Each Contracting Party shall include in its National Report a completed "ICCAT Reporting Table" (A model table for reporting 1997 catches is attached) for each of its applicable fisheries. The Tables shall be completed each year with the catch statistics submitted to the SCRS for the current reporting year and any revisions for previous years' data. 2 Consistent with paragraph 1 of the 1996 and 1997 Recommendations regarding compliance, and any other recommendations concerning compliance (so that it would apply to all future compliance recommendations) at each annual meeting of the Compliance Committee, each Contracting Party shall report the information presented in its ICCAT Reporting Tables, including a detailed explanation of any over-harvest of total catch and/or minimum size tolerance levels, the actions already taken, or to be taken, to prevent further over-harvest, and the dates by which such actions will be taken. 3 Annually after all Contracting Parties have reported, consistent with paragraph 2, the Committee, with the assistance of the ICCAT Secretariat, shall prepare and distribute to the Contracting Parties a “Compliance Annex” that includes: (1) all catch limits and minimum sizes/tolerances to which each Contracting Party is subject; (2) each Party's catch statistics submitted to the SCRS for the current reporting year, and any revisions to previous years' data; (3) any overages and underages; (4) all catch limit reductions that each Party must take pursuant to paragraph 2; and (5) the dates by when such reductions shall be taken. The Compliance Annex will be attached to the Compliance Committee Report. Catch Limit Catches Estimated catch over/ under Estimated Catch over 15% catch limit tolerance of fish below 3.2kg Model ICCAT Reporting Table Provide catch statistics submitted to the SCRS for the current reporting year and any revisions for previous years= data. Calendar year, unless otherwise indicated Panel 1 - bigeye, yellowfin and skipjack tunas: Species/Region Bigeye Yellowfin Skipjack In case of over-harvest, explain how the over-harvest occurred and the actions taken, or to be taken, to prevent further over-harvest: In case of harvest in excess of specified minimum size, explain domestic measures implemented to avoid further over-harvest, the monitoring of compliance with domestic measures, and any other actions to be taken to prevent over-harvest. Other comments: Panel 2 - North Atlantic bluefin tuna and albacore: Species/Region Catch limit Catch Estimated Catch of Estimated catch over 15% Estimated catch over 8% Catch over/ Age 0 tolerance of fish below tolerance of fish below 30kg or under catch 6.4kg 115cm limit Western BFT Eastern BFT N. Albacore In case of over-harvest, explain how the over-harvest occurred and the actions taken, or to be taken, to prevent further over-harvest: In case of harvest in excess of specified minimum size, explain domestic measures implemented to avoid further over-harvest, the monitoring of compliance with domestic measures, and any other actions to be taken to prevent over-harvest. Other comments: Panel 3 - South Atlantic albacore Species/Region Catch limit Catches Estimated catch over/ under catch limit S. Albacore In case of over-harvest, explain how the over-harvest occurred and the actions taken, or to be taken, to prevent further over-harvest. In case of harvest in excess of specified minimum size, explain domestic measures implemented to avoid further over-harvest, the monitoring of compliance with domestic measures, and any other actions to be taken to prevent over-harvest. Other comments: Panel 4 - swordfish and billfish: ..... Species/Region Catch limit Catches (SWO); Estimated SWO catch over / Estimated SWO catch less than (SWO); Landings (BIL) under catch limit 119 cm OR catch over 15% Landings (BIL) tolerance of fish less than 125 cm North Atlantic Swordfish South Atlantic Swordfish Atlantic white marlin Atlantic blue marlin In case of over-harvest, explain how the over-harvest occurred and the actions taken, or to be taken, to prevent further over-harvest: In case of harvest in excess of specified minimum size, explain domestic measures implemented to avoid further over-harvest, the monitoring of compliance with domestic measures, and any other actions to be taken to prevent over-harvest. Other comments: 1998 1
ICCAT-REC-2000-14 ICCAT Binding MCS Partially \\Jluis\Disco G\Recom_Resol\COMPENDIUM_ENG\G_COMPLY_SEP 27.wpd 00-14 COMPLY – RECOMMENDATION – COMPLIANCE WITH MEASURES THAT DEFINE QUOTAS AND/OR CATCH LIMITS TITLE: Recommendation by ICCAT Regarding Compliance with Management Measures Which Define Quotas and/or Catch Limits (Entered into force: June 26, 2001) RECOGNIZING that the Recommendation Regarding Compliance in the Bluefin Tuna and North Atlantic Swordfish Fisheries was adopted at the 1996 Commission meeting and it was extended to include compliance in the South Atlantic swordfish fishery at the 1997 Commission meeting; NOTING the treatment of overage and underage differs among the stocks and this complicates quota management and compliance; RECOGNIZING the need to simplify the rules by generalizing the treatment of overage and underage to avoid future confusion; THE INTERNATIONAL COMMISSION OF THE CONSERVATION OF ATLANTIC TUNAS (ICCAT) RECOMMENDS THAT: For any species under quota/catch limit management, underages/overages from one year may be added to/must be subtracted from the quota/catch limit of the management period immediately after or one year after that year, unless any recommendation on a stock specifically deals with overages/underages, in which case that recommendation will take precedence. 2000 1
ICCAT-REC-2000-22 ICCAT Binding MCS Partially \\Jluis\Disco G\Recom_Resol\COMPENDIUM_ENG\H_STAT DOC PPRGSM_SEP 27.wpd 00-22 STAT DOC PRGMS – RECOMMENDATION – ESTABLISH STAT. DOC. PROGRAMS: SWO, BET & OTHER SPECIES MANAGED BY ICCAT TITLE: Recommendation by ICCAT on Establishing Statistical Document Programs for Swordfish, Bigeye Tuna, and Other Species Managed by ICCAT (Entered into force: June 26, 2001) RECOGNIZING the authority and responsibility of ICCAT to manage populations of tuna and tuna-like species in the Atlantic Ocean and its adjacent seas, at the international level; RECOGNIZING the nature of the international market for Atlantic swordfish and bigeye tuna; AWARE that the SCRS has stated it is unable to estimate accurately the catch of Atlantic swordfish and bigeye tuna in the Convention Area and that the availability of trade data would greatly assist in making such estimates; REAFFIRMING the usefulness of the Bluefin Tuna Statistical Document (BTSD) Program in tracking the trade of Atlantic bluefin tuna, especially Not Elsewhere Included (NEI) catch that has not been reported to the SCRS; DESIRING to improve the quality and availability of data relating to trade in Atlantic swordfish, bigeye tuna and such other species for which ICCAT may adopt conservation and management measures; HAVING AS ITS PURPOSE to improve the ability of ICCAT to develop effective conservation and management recommendations for such species, and to control trade in such species as are harvested in violation of ICCAT’s conservation and management measures; THE INTERNATIONAL COMMISSION FOR THE CONSERVATION OF ATLANTIC TUNAS (ICCAT) RECOMMENDS THAT: 1 The Commission shall establish statistical document programs for swordfish and bigeye tuna, modeled, in principle, after the BTSD Program, with the aim of having the program or programs fully implemented by 1 January 2002, or as soon as possible thereafter. 2 The ICCAT Secretariat shall facilitate a meeting of technical experts prior to the 2001 meeting of the Commission to consider and resolve technical issues relating to the implementation of the program or programs. 3 Following the adoption of conservation and management measures for other species, the Commission should establish comparable statistical document programs for those species as well, as appropriate. 4 The Commission shall endeavor to harmonize all statistical document programs under its purview. 5 Pending the full implementation of the statistical program or programs for swordfish and bigeye tuna, Contracting Parties, Cooperating non-contracting Parties, Entities and Fishing Entities are encouraged to closely monitor imports and exports of swordfish and bigeye tuna, such as through the collection of import information relating to these species. 2000 1
ICCAT-REC-2001-21 ICCAT Binding MCS Partially 1-COVER_ACTIVE 2004_OCT 25.doc 01-21 SDP – RECOMMENDATION – ESTABLISHING BET STATISTICAL PROGRAM TITLE: Recommendation by ICCAT Concerning the ICCAT Bigeye Tuna Statistical Document Program (Entered into force: September 21, 2002) RECALLING the Recommendation by ICCAT on Establishing Statistical Document Progra ms for Swordfish, Bigeye Tuna and Other Species Managed by ICCAT adopted by the Commission in 2000 in which the full implementation of the program was required by 1 January 2002, or as soon as possible thereafter; AWARE that there is uncertainty of the catch of Atlantic bigeye tuna and that the availability of trade data would greatly assist in reducing such uncertainty; RECOGNIZING that Atlantic bigeye tuna is the main target species of IUU fishing operations and that most of the bigeye harvested by such IUU fishing vessels are exported to Contracting Parties, especially to Japan; RECALLING the Recommendation by ICCAT Regarding Belize, Cambodia, Honduras, and St. Vincent and the Grenadines Pursuant to the 1998 Resolution Concerning the Unreported and Unregulated Catches of Tuna by Large-scale Longline Vessels in the Convention Area and the Recommendation by ICCAT Regarding Equatorial Guinea Pursuant to the 1998 Resolution Concerning the Unreported and Unregulated Catches of Tuna by Large- scale Longline Vessels in the Convention Area adopted by the Commission in 2000; RECOGNIZING that the Statistical Document Program is an effective tool to assist the Commission’s effort for the elimination of IUU fishing operations; RECOGNIZING the nature of the international market for Atlantic bigeye tuna; THE INTERNATIONAL COMMISSION FOR THE CONSERVATION OF ATLANTIC TUNAS (ICCAT) RECOMMENDS THAT; 1 Contracting Parties, by July 1, 2002 or as soon as possible thereafter, require that all bigeye tuna, when imported into the territory of a Contracting Party, be accompanied by an ICCAT Bigeye Tuna Statistical Document which meets the requirements described in Annex 1 or an ICCAT Bigeye Tuna Re-export Certificate which meets the requirements described in Annex 2. Bigeye tuna caught by purse seiners and pole and line (bait) vessels and destined principally for the canneries in the Convention area are not subject to this statistical document requirement. The Commission and the Contracting Parties importing bigeye tuna shall contact all the exporting countries to inform them of this program, in advance of implementation of the program. 2 (1) The ICCAT Bigeye Tuna Statistical Document must be validated by a government official, or other authorized individual or institution, of the flag state of the vessel that harvested the tuna, or, if the vessel is operating under a charter arrangement, by a government official or other authorized individual of the exporting state; (2) The ICCAT Bigeye Tuna Re-export Certificate must be validated by a government official or other authorized individual of the state that re-exported the tuna; and (3) The substitutional measure described in paragraphs A-D of the Resolution by ICCAT Concerning Validation by a Government Official of the Bluefin Tuna Statistical Document, adopted by the Commission in 1993, may be applied to the above requirements for both validations in this Bigeye Statistical Document Program. The substitutional measure should also apply mutatis mutandis to chartering arrangements as provided in paragraph 2(1) above. 3 Each Contracting Party shall provide to the Executive Secretary sample forms of its statistical document and re- export certificate required with bigeye tuna imports and information on validation in the format specified in Annex 4 and inform him of any change in a timely fashion. 4 The Contracting Parties which export or import bigeye tuna shall compile data from the Program. 5 The Contracting Parties which import bigeye tuna shall report the data collected by the Program to the Executive Secretary each year by April 1 for the period of July 1-December 31 of the preceding year and October 1 for the period of January 1-June 30 of the current year, which shall be circulated to all the Contracting Parties by the Executive Secretary. The formats of the report are attached as Annex 3. 6 The Contracting Parties which export bigeye tuna shall examine export data upon receiving the import data mentioned in paragraph 5 above from the Executive Secretary, and report the results to the Commission in the national reports. 7 The Contracting Parties should exchange copies of statistical documents and re-export certificates to facilitate the examination mentioned in paragraph 6, consistent with domestic laws and regulations. 8 The Commission shall request Cooperating Non-Contracting Parties, Entities, Fishing Entities to take the measures described in the above paragraphs. 9 The Executive Secretary shall request information on validation from all the non-Contracting Part ies fishing and exporting bigeye tuna to Contracting Parties, and request them to inform him in a timely fashion of any changes to the information provided. 10 The Executive Secretary shall maintain and update information specified in paragraphs 3 and 9 and provide it to all the Contracting Parties, and promptly circulate any changes. 11 The Commission shall request the non-Contracting Parties which import bigeye tuna to cooperate with implementation of the Program and to provide to the Commission data obtained from such implementation. 12 Implementation of this Program shall be in conformity with relevant international obligations. 13 At the initial stage of the program, the statistical documents and the re-export certificates will be required for fro zen bigeye products. Prior to implementing this Program for fresh products, several practical problems need to be solved, such as guidelines to ensure procedures to handle fresh products at customs. 14 The provisions of the Recommendation by ICCAT on Validation of the Bluefin Tuna Statistical Documents by the European Community, adopted by the Commission in 1998, shall apply to the Bigeye Tuna Statistical Document Program for bigeye caught by vessels that fly the flag of a Member State of the European Community. 15 Notwithstanding the provisions of Article VIII, paragraph 2, of the Convention, the Contracting Parties shall implement this recommendation by July 1, 2002 or as soon as possible thereafter in accordance with the regulatory procedures of each Contacting Party. Note from the Secretariat: The ICCAT Bigeye Tuna Statistical Document and accompanying instructions were adopted under the Recommendation by ICCAT Concerning the Amendment of the Forms of the ICCAT Bluefin/Bigeye/Swordfish Statistical Documents [Ref. 03-19], and replace those originally adopted. Annex 1 Requirements Concerning the ICCAT Bigeye Tuna Statistical Document 1 The sample form of the ICCAT Bigeye Tuna Statistical Document shall be as in the Appendix. 2 Customs or other appropriate government officials will request and inspect all import documentation including the ICCAT Bigeye Tuna Statistical Document for all bigeye tuna in the shipment. Those officials may also inspect the content of each shipment to verify the information on the document. 3 Only complete and valid documents will guarantee that shipments of bigeye tuna will be allowed to enter the territory of Contracting Parties. 4 Shipments of bigeye tuna that are accompanied by improperly documented Bigeye Tuna Statistical Documents (i.e., improperly documented means that the Bigeye Tuna Statistical Document is either missing from the shipment, incomplete, invalid or falsified) will be considered illegitimate shipments of bigeye tuna, that are contrary to ICCAT conservation efforts, and their entry will be suspended (PENDING RECEIPT OF A PROPERLY COMPLETED DOCUMENT) into the territory of a Contracting Party or subject to administrative or other sanction. 5 The import of fish parts other than the meat, i.e., head, eyes, roe, guts, tails may be allowed without the document. Appendix ICCAT B IGEYE TUNA STATISTICAL DOCUMENT EXPORT SECTION: 1. FLAG COUNTRY/ENTITY/FISHING ENTITY 2. DESCRIPTION OF VESSEL (if applicable) Vessel Name Registration Number LOA (m) ICCAT Record No. (if applicable) 3. TRAPS (if applicable) 4. POINT OF EXPORT (City, State/Province, Country/Entity/Fishing Entity) 5. AREA OF CATCH (Check one of the following) (a) Atlantic (b) Pacific (c) Indian * In case of (b) or (c) is checked, the items 6 and 7 below do not need to be filled out. 6. DESCRIPTION OF FISH DOCUMENT NUMBER Product Type (*1) Time of Harvest F/FR RD/GG/DR/FL/OT (mm/yy) Net Weight (kg) Gear Code (*2) *1 F=Fresh, FR=Frozen, RD=Round, GG=Gilled & Gutted, DR=Dressed, FL=Fillet, OT=Others (Describe the type of product: ) *2 When the Gear Code is OT, describe the type of gear: ) 7. EXPORTER CERTIFICATION: I certify that the above information is complete, true and correct to the best of my knowledge and belief. Name Address Signature Date License # (if applicable) 8. GOVERNMENT VALIDATION: I validate that the above information is complete, true and correct to the best of my knowledge and belief. Total weight of the shipment: kg Name & Title Signature Date Government Seal IMPORT SECTION 9. IMPORTER CERTIFICATION: I certify that the above information is complete, true and correct to the best of my knowledge and belief. Importer Certification (Intermediate Country/Entity/Fishing Entity) Name Address Signature Date License # (if applicable) Importer Certification (Intermediate Country/Entity/Fishing Entity) Name Address Signature Date License # (if applicable) Importer Certification (Final Destination of Shipment) Name Address Signature Date License # (if applicable) Final Point of Import: City State/Province Country/Entity/Fishing Entity BETSD Form: 2003 NOTE: IF A LANGUAGE OTHER THAN ENGLISH IS USED IN COMPLETING THIS FORM, PLEASE ADD THE ENGLISH TRANSLATION ON THIS DOCUMENT. ICCAT BIGEYE TUNA STATISTICAL DOCUMENT INSTRUCTION SHEET DOCUMENT NUMBER: Block for the issuing Country/Entity/Fishing Entity to designate a country/entity/fishing entity encoded Document Number. (1) FLAG COUNTRY/ENTITY/FISHING ENTITY: Fill in the name of the country/entity/fishing entity of the vessel that harvested the bigeye tuna in the shipment and issued this Document. According to the ICCAT Recommendation, only the flag state of the vessel that harvested the bigeye tuna in the shipment or, if the vessel is operating under a charter arrangement, the exporting state, can issue this Document. (2) DESCRIPTION OF VESSEL (if applicable): Fill in the name, registration number, length overall (LOA) and ICCAT Record number of the vessel that harvested the bigeye tuna in the shipment. (3) TRAPS (if applicable): Fill in the name of the trap that harvested the bigeye tuna in the shipment. (4) POINT OF EXPORT: Identify the City, State or Province, and Country/Entity/Fishing Entity from which the bigeye tuna was exported. (5)AREA OF CATCH: Check the area of catch. (If (b) or (c) checked, items 6 and 7 below do not need to be filled out.) (6) DESCRIPTION OF FISH: The exporter must provide, to the highest degree of accuracy, the following information. NOTE: One row should describe one product type. (1) Product Type: Identify the type of product being shipped as either FRESH or FROZEN, and in ROUND, GILLED AND GUTTED, DRESSED, FILLET or OTHER form. For OTHER, describe the type of products in the shipment. (2) Tim e of Harvest: Fill in the time of harvest (in month and year) of the 0 tuna in the shipment. (3) Gear Code: Identify the gear type which was used to harvest the bigeye tuna using the list below. For OTHER TYPE, describe the type of gear, including farming. (4) Net product weight in kilograms. (7) EXPORTER CERTIFICATION: The person or company exporting the bigeye tuna shipment must provide his/her name, company name, address, signature, date the shipment was exported, and dealer license number (if applicable). (8) GOVERNMENT VALIDATION: Fill in the name and full title of the official signing the Document. The official must be employed by a competent authority of the flag state government of the vessel that harvested the bigeye tuna appearing on the Document or other individual or institution authorized by the flag state. When appropriate, this requirement is waived according validation of the document by a government official, or if the vessel is operating under a charter arrangement, by a government official or other authorized individual or institution of the exporting state. The total weight of the shipment shall also be specified in this block. The substitutional measure described in paragraphs A-D of the Resolution by ICCAT Concerning Validation by a Government Official of the Bluefin Tuna Statistical Document [93-2], adopted by the Commission in 1993, may be applied to the above requirements for the validations in this Bigeye Tuna Statistical Document Program. (9) IMPORTER CERTIFICATION: The person or company that imports bigeye tuna must provide his/her name, address, signature, date the bigeye was imported, license number (if applicable), and final point of import. This includes imports into intermediate countries, entities or fishing entities. For fresh and chilled products, the signature of the importer may be substituted by a person of a customs clearance company when the authority for signature is properly accredited to it by the importer. GEAR CODE: GEAR CODE GEAR TYPE, BB BAITBOAT GILL GILLNET HAND HANDLINE HARP HARPOON LL LONGLINE MWT MID-WATER TRAWL PS PURSE SEINE RR ROD AND REEL SPHL SPORT HANDLINE SPOR SPORT FISHERIES UNCLASSIFIED SURF SURFACE FISHERIES UNCLASSIFIED TL TENDED LINE TRAP TRAP TROL TROLL UNCL UNSPECIFIED METHODS OT OTHER TYPE RETURN A COPY OF COMPLETED DOCUMENT TO: (the name of the office of the competent authority of the flag state). Annex 2 Requirements Concerning the ICCAT Bigeye Tuna Re-export Certificate 1 The sample form of the ICCAT Bigeye Tuna Re-export Certificate shall be as in the Appendix. 2 Customs or other appropriate government officials will request and inspect all import documentation including the ICCAT Bigeye Tuna Re-export Certificate for all bigeye tuna in the shipment. Those officials may also inspect the content of each shipment to verify the information on the document. 3 Only complete and valid documents will guarantee that shipments of bigeye tuna will be allowed to enter the territory of Contracting Parties. 4 A Contracting Party shall be free to validate ICCAT Bigeye Tuna Re-export Certificates for bigeye tuna imported by that Contracting Party, to which ICCAT Bigeye Tuna Statistical Documents or ICCAT Bigeye Tuna Re-export Certificates are attached. ICCAT Bigeye Tuna Re-export Certificates shall be validated by government organizations or by recognized institutions which are accredited by a Contracting Party’s government to validate the ICCAT Bigeye Tuna Statistical Document. A copy of the original Bigeye Tuna Statistical Document accompanying the imported bigeye tuna must be attached to an ICCAT Bigeye Tuna Re-export Certificate. The copy of the original Bigeye Tuna Statistical Document so attached must be verified by that government organization or by that recognized institution accredited by a government which validated the ICCAT Bigeye Tuna Statistical Document. When re-exported bigeye tuna is again re- exported, all copies of documents, including a verified copy of a Statistical Document and Re-export Certificate which accompanied that bigeye tuna upon importation, must be attached to a new Re-export Certificate to be validated by a re-exporting Contracting Party. All copies of the Documents to be attached to that new Re-export Certificate must be also be verified by a government organization or a recognized institution accredited by a government which validated the ICCAT Bigeye Tuna Statistical Document. 5 Shipments of bigeye tuna that are accompanied by improperly documented Bigeye Tuna Re-export Certificate (i.e., improperly documented means that the Bigeye Tuna Re-export Certificate is either missing from the shipment, incomplete, invalid or falsified) will be considered illegitimate shipments of bigeye tuna, that are contrary to ICCAT conservation efforts, and their entry will be suspended (PENDING RECEIPT OF A PROPERLY COMPLETED DOCUMENT) i the territory of a Contracting Party or subject to administrative or other sanction. 6 ICCAT Contracting Parties that validate Re -export Certificates in accordance with the procedure set forth in paragraph 4 shall require from the re -exporting bigeye dealer necessary documents (e.g. written sales contracts) which are to certify that the bigeye tuna to be re-exported corresponds to the imported bigeye tuna. Contracting Parties which validate Re-export Certificates shall provide flag states and importing states with evidence of this correspondence upon their request. 7 The import of fish parts other than the meat, i.e., head, eyes, roe, guts, tails may be allowed without the document. nto Appendix DOCUMENT ICCAT BIGEYE TUNA RE- EXPORT CERTIFICATE NUMBER RE-EXPORT SECTION: 1. RE-EXPORTING COUNTRY / ENTITY / FISHING ENTITY 2. POINT OF RE-EXPORT 3. DESCRIPTION OF IMPORTED FISH Product Type(*) Net Weight Flag country/ Date F/FR RD/GG/DR/FL/OT (Kg) Entity/Fishing Entity of Import 4. DESCRIPTION OF FISH FOR RE-EXPORT Product Type(*) Net Weight F/FR RD/GG/DR/FL/OT (Kg) * F=FRESH, FR=Frozen, RD=Round, GG=Gilled and Gutted, DR=Dressed, FL=Fillet OT=Other(Describe the type of product) 5. RE-EXPORTER CERTIFICATION: I certify that the above information is complete, true and correct to the best of my knowledge and belief. Name/Company Name Address Signature Date License Number (if applicable) 6. GOVERNMENT VALIDATION: I validate that the above information is complete, true and correct to the best of my knowledge and belief. Name & Title Signature Date Government Seal IMPORT SECTION: 7. IMPORTER CERTIFICATION: I certify that the above information is complete, true and correct to the best of my knowledge and belief. Importer Certification (Intermediate Country / Entity / Fishing Entity) Name Address Signature Date License # (if applicable) Importer Certification (Intermediate Country / Entity / Fishing Entity) Name Address Signature Date License # (if applicable) Importer Certification (Intermediate Country / Entity / Fishing Entity) Name Address Signature Date License # (if applicable) Final Point of Import City State/Province Country / Entity / Fishing Entity BET Re-Export Certificate : 2001 NOTE: IF A LANGUAGE OTHER THAN ENGLISH IS USED IN COMPLETING THIS FORM. PLEASE ADD THE ENGLISH TRANSLATION ON THIS DOCUMENT. ICCAT BIGEYE TUNA RE- EXPORT CERTIFICATE INSTRUCTION SHEET DOCUMENT NUMBER: Block for the issuing Country/Entity/Fishing Entity to designate a Country/Entity/Fishing Entity coded document number. (1) RE-EXPORTING COUNTRY/ENTITY/FISHING ENTITY Fill in the name of the Country/Entity/Fishing Entity which re-exports the bigeye tuna in the shipment and issued this Certificate. According to the ICCAT Recommendation, only the re-exporting Country/Entity/Fishing Entity can issue this Certificate. (2) POINT OF RE-EXPORT Identify the City/State Province and Country/Entity/Fishing Entity from which the bigeye tuna was re-exported. (3) DESCRIPTION OF IMPORTED FISH The exporter must provide, to the highest degree of accuracy, the following information: NOTE: One row should describe one product type. (1)Product type: Identify the type of product being shipped as either FRESH or FROZEN, and in ROUND, GILLED AND GUTTED, DRESSED, FILLET or OTHER form. For OTHER, describe the type of products in the shipment. (2) Net weight: Net product weight in kilograms. (3) Flag Country/Entity/Fishing Entity: the name of the Country/Entity/Fishing Entity of the vessel that harvested the bigeye tuna in the shipment. (4) Date of import: Imported date. (4) DESCRIPTION OF FISH FOR RE-EXPORT The exported must provide, to the highest degree of accuracy, the following information: NOTE: One row should describe one product type. (1) Product type: Identify the type of product being shipped as either FRESH or FROZEN, and in ROUND, GILLED AND GUTTED, DRESSED FILLET or OTHER form. For OTHER, describe the type of products in the shipment. (2) Net weight: Net product weight in kilograms. (5) RE-EXPORTER CERTIFICATION The person or company re-exporting the bigeye tuna shipment must provide his/her name, address, signature, date the shipment was re- exported, and re-exporter’s license number (if applicable). (6) GOVERNMENT VALIDATION Fill in the name and full title of the official signing the Certificate. The official must be employed by a competent government authority of the re-exporting Country/Entity/Fishing Entity appearing on the Certificate, or a person or institution authorized to validate such certificates by the competent government authority. The substitutional measure described in paragraphs A-D of the Resolution by ICCAT Concerning Validation by a Government Official of the Bluefin Tuna Statistical Document, adopted by the Commission in 1993, may be applied to the above requirements for the validations in this Bigeye Statistical Document Program. (7) IMPORTER CERTIFICATION The person or company that imports bigeye tuna must provide his/her name, address, signature, date the bigeye tuna was imported, license number (if applicable) and re-exported final point of import. This includes imports into intermediate Countries/Entities/Fishing Entities. For fresh and chilled products, the signature of the importer may be substituted by a person of a customs clearance company when the authority for signature is properly accredited to it by the importer. RETURN A COPY OF THE COMPLETED CERTIFICATE TO: (the name of the office of the competent authority of the re-exporting Country/Entity/Fishing Entity). Annex 3 REPORT OF THE ICCAT BIGEYE TUNA STATISTICAL DOCUMENT Period to , IMPORT COUNTRY/ENTITY/FISHING ENTITY ______________ Month Month Year Flag Country/Entity/Fi shing Entity Area Code Gear Code Point of Export Product Type Product Wt.(Kg) F/FR RD/GG/DR/FL/OT BETSD Biannual Report Form: 2001 Gear Code Gear Type BB Baitboat GILL Gillnet HAND Handline HARP Harpoon LL Longline MWT Mid-water trawl PS Purse seine RR Rod & reel SPHL Sport handline SPOR Sport fisheries unclassified SURF Surface fisheries unclassified TL Tended line TRAP Trap TROL Troll UNCL Unclassified methods OTH Other type (Indicate the type of gear): Product type Area Code F Fresh AT Atlantic FR Frozen PA Pacific RD Round ID Indian Ocean GG Gilled & gutted DR Dressed FL Fillet OT Other form, describe the type of products in the shipment REPORT OF THE ICCAT BIGEYE TUNA RE-EXPORT CERTIFICATE Period to , IMPORT COUNTRY/ENTITY/FISHING ENTITY ______________ Month Month Year Flag Country/Entity/ Fishing Entity Re-export Country/ Entity/Fishing Entity Point of Re-export Product Type Product Wt.(Kg) F/FR RD/GG/DR/FL/OT BETSD Biannual Re-Export Certificate Report Form: 2001 Product type F Fresh FR Frozen RD Round GG Gilled & gutted DR Dressed FL Fillet OT Other form, describe the type of products in the shipment Annex 4 INFORMATION ON VALIDATION OF ICCAT STATISTICAL DOCUMENTS 1 Flag ___________________________________ 2 Statistical Document (Bluefin, Bigeye, Swordfish, All): ___________ 3 Government/Authority organization(s) accredited to validate Statistical Documents Organization Name Organization Address Sample Seal NOTE: For each organization, attach a list with the names, titles and addresses of the individuals authorized to validate Documents. 4 Other institutions accredited by the government/authority to validate Statistical Documents Organization Name Organization Address Sample Seal Validation Information Form: 2001 NOTE: For each organization, attach a list with the names, titles and addresses of the individuals authorized to validate Documents. Instructions: Contracting Parties, non-Contracting Parties, Entities, Fishing Entities having vessels that harvest species whose international trade must be accompanied by ICCAT Statistical Documents are requested to submit the information on this sheet to the Executive Secretary of ICCAT1, and to ensure that any changes to the above are also transmitted to the Executive Secretary on a timely fashion. 1. ICCAT: c/Corazón de María, 8 (6th floor), Madrid, Spain 28002. 2001 1
ICCAT-REC-2002-17 ICCAT Binding MCS Superseded Microsoft Word - 2-TEXTS_ACTIVE 2005_SEPT 22 05.doc 02-17 SANC RECOMMENDATION BY ICCAT REGARDING BOLIVIA PURSUANT TO THE 1998 RESOLUTION CONCERNING THE UNREPORTED AND UNREGULATED CATCHES OF TUNA BY LARGE-SCALE LONGLINE VESSELS IN THE CONVENTION AREA (Entered into force: June 3, 2003) RECOGNIZING the authority and responsibility of ICCAT to manage populations of tuna and tuna-like species in the Atlantic Ocean and its adjacent seas, at the international level; NOTING the need for all non-Contracting Parties, Entities or Fishing Entities fishing for such species in the Atlantic Ocean or its adjacent seas to join ICCAT or cooperate with ICCAT's conservation and management measures; EXPRESSING CONCERN with regard to the over-fished status of bigeye tuna in the Atlantic Ocean; RECOGNIZING that large-scale longline vessels registered in Bolivia are fishing in the Atlantic Ocean and have bigeye tuna as their primary target; RECALLING the adoption in 1998 of the Resolution by ICCAT Concerning the Unreported and Unregulated Catches of Tunas by Large-Scale Longline Vessels in the Convention Area (hereinafter referred to as the 1998 Resolution); RECALLING FURTHER that the 1998 Resolution establishes procedures by which: 1 The Commission may identify Contracting Parties and non-Contracting Parties, Entities or Fishing Entities whose large-scale longline vessels have been fishing for tuna and tuna-like species in a manner which diminishes the effectiveness of ICCAT conservation and management measures; 2 Identified Contracting Parties and non-Contracting Parties, Entities or Fishing Entities are notified and given the opportunity to rectify the situation; 3 The Commission shall identify those Contacting Parties and non-Contracting Parties, Entities or Fishing Entities referred to above, which have not effectively rectified this situation; and 4 The Commission will recommend effective measures, if necessary including non-discriminatory trade restrictive measures on the subject species (bigeye tuna), consistent with their international obligations, to prevent those longline vessels of identified Contracting Parties and non-Contracting Parties, Entities or Fishing Entities from continuing fishing operations for tunas and tuna-like species in a manner which diminishes the effectiveness of ICCAT conservation and management measures. NOTING that these procedures closely parallel the procedures established in the 1994 Resolution by ICCAT Concerning an Action Plan to Ensure the Effectiveness of the Conservation Program for Atlantic Bluefin Tuna and the 1995 Resolution by ICCAT Concerning an Action Plan to Ensure the Effectiveness of the Conservation Program for Atlantic Swordfish; CALLING ATTENTION to the 2001 decision by the Commission, based on trade and landing data as well as associated information submitted by Contracting Parties, Cooperating non-Contracting Parties, Entities or Fishing Entities to identify five countries, including Bolivia, pursuant to the 1998 Resolution and that the Commission duly notified such countries of the identifications; CAREFULLY REVIEWING the information regarding efforts by the Commission to obtain the cooperation of Bolivia since the 2001 meeting, including information that vessels of this country have taken insufficient action to rectify the situation and continued to operate in a manner that diminishes the effectiveness of ICCAT conservation and management measures by, inter alia, dramatically increasing exports of bigeye tuna in 2002; NOTING that this Recommendation does not prejudice the rights and obligations of Contracting Parties, Cooperating non-Contracting Parties, Entities or Fishing Entities based on other international agreements; Therefore, THE INTERNATIONAL COMMISSION FOR THE CONSERVATION OF ATLANTIC TUNAS (ICCAT) RECOMMENDS THAT: 1 Contracting Parties and Cooperating non-Contracting Parties, Entities or Fishing Entities take appropriate measures, consistent with provisions of the 1998 Resolution∗, to the effect that the import of Atlantic bigeye tuna and its products in any form from Bolivia be prohibited, effective from the time this Recommendation enters into force. 2 The Commission again requests Bolivia to cooperate with ICCAT by ensuring that the vessels in question fish in a manner consistent with ICCAT conservation and management measures and by providing catch statistics to ICCAT in accordance with ICCAT procedures. 3 The Commission continues to encourage participation by Bolivia in all ICCAT meetings. ∗ 6Contracting Parties and Cooperating non-Contracting Parties, Entities or Fishing Entities lift the import prohibitions adopted by this recommendation upon the decision of the Commission and receipt of notification from the ICCAT Executive Secretary that fishing practices of Bolivia have been brought into conformity with ICCAT measures. Note from the Secretariat: The 1998 Resolution refers to the Resolution by ICCAT Concerning the Unreported and Unregulated Catches of Tunas by Large-scale Longline Vessels in the Convention Area [Res. 98-18], which is replaced by the Resolution by ICCAT Concerning Trade Measures [Res. 03-15], adopted at the 18th Regular Meeting of the Commission in 2003. 2002 1
ICCAT-REC-2002-21 ICCAT Binding MCS Superseded Microsoft Word - 2-TEXTS_ACTIVE 2005_SEPT 22 05.doc 02-21 GEN RECOMMENDATION BY ICCAT ON VESSEL CHARTERING (Entered into force: June 3, 2003) RECOGNIZING that, under the ICCAT Convention, Contracting Parties shall cooperate in maintaining the populations of tuna and tuna-like fish at levels that will permit the maximum sustainable catch; RECALLING that, according to Article 92 of the United Nations Convention on the Law of the Sea, of 10 December 1982, ships shall sail under the flag of one State only and shall be subject to its exclusive jurisdiction on the high seas except as otherwise provided in relevant international instruments, ACKNOWLEDGING the needs and interests of all States to develop their fishing fleets so as to enable them to fully utilize the fishing opportunities available to them under relevant ICCAT recommendations; MINDFUL that the practice of charter arrangements, whereby fishing vessels do not change their flag, might seriously undermine the effectiveness of conservation and management measures established by ICCAT unless properly regulated; REALIZING that there is a need for ICCAT to regulate charter arrangements with due regard to all relevant factors; THE INTERNATIONAL COMMISSION FOR THE CONSERVATION OF ATLANTIC TUNAS (ICCAT) RECOMMENDS THAT: The chartering of fishing vessels, other than bareboat chartering, shall observe the following provisions: 1 Charter arrangements may be allowed, predominantly as an initial step in the fishery development of the chartering nation. The period of the chartering arrangement shall be consistent with the development schedule of the chartering nation. 2 Chartering nations shall be Contracting Parties to the ICCAT Convention. 3 Fishing vessels to be chartered shall be registered to responsible Contracting Parties, Cooperating non- Contracting Parties, Entities or Fishing Entities or by other responsible non-Contracting Parties, Entities or Fishing Entities, which explicitly agree to apply ICCAT conservation and management measures and enforce them on their vessels. All flag Contracting Parties or Cooperating non-Contracting Parties, Entities or Fishing Entities concerned shall effectively exercise their duty to control their fishing vessels to ensure compliance with ICCAT conservation and management measures. 4 Both the chartering Contracting Party and the flag Contracting Parties or Cooperating non-Contracting Parties, Entities or Fishing Entities shall ensure compliance by chartered vessels with relevant conservation and management measures established by ICCAT, in accordance with their rights, obligations and jurisdiction under international law. 5 Catches taken pursuant to the chartering arrangement of vessels that operate under these provisions shall be counted against the quota or fishing possibilities of the chartering Contracting Party. 6 All catches taken under the chartering arrangement shall be recorded by both the flag Contracting Parties or Cooperating non-Contracting Parties, Entities or Fishing Entities and the chartering Contracting Party separately from catches taken by other vessels. The chartering Contracting Party shall report to ICCAT catches and other information required by SCRS. 7 Vessel Monitoring Systems (VMS) and, as appropriate, tools for differentiation of fishing areas, such as fish tags or marks, shall be used, according to the relevant ICCAT measures, for effective fishery management. 8 There shall be observers on board at least 10% of the chartered vessels, or during 10% of the fishing time of the chartered vessels. 9 The chartered vessels shall have a fishing license issued by the chartering nation, and shall not be on the ICCAT IUU list as established by the Recommendation by ICCAT to Establish a List of Vessels Presumed to Have Carried Out Illegal, Unreported and Unregulated Fishing Activities in the ICCAT Convention Area [02-23]. 10 When operating under charter arrangements, the chartered vessels shall not, to the extent possible, be authorized to use the quota or entitlement of the flag Contracting Parties or Cooperating non-Contracting Parties, Entities or Fishing Entities. In no case, shall the vessel be authorized to fish under more than one chartering arrangement at the same time. 11 Unless specifically provided in the chartering arrangement, and consistent with relevant domestic law and regulation, the catches of the chartered vessels shall be unloaded exclusively in the Ports of the chartering Contracting Party or under its direct supervision in order to assure that the activities of the chartered vessels do not undermine ICCAT conservation and management measures. The chartering company must be legally established in the chartering Contracting Party. 12 Any transshipment at sea shall be consistent with the 1997 Recommendation by ICCAT on Transshipments and Vessel Sightings [97-11]. Any transshipment at sea shall also be previously and duly authorized by the chartering nation and shall occur only under the supervision of an observer on board. 13 a At the time the chartering arrangement is made, the chartering Contracting Party shall provide the following information to the Executive Secretary: i the name (in both native and Latin alphabets) and registration of the chartered vessel; ii the name and address of the owner(s) of the vessel; iii the description of the vessel, including the length, type of vessel and the type of fishing method(s); iv species of fish covered by the charter and quota allocated to the chartering Party; v the duration of the chartering arrangement; vi the consent of the flag Contracting Party or Cooperating non-Contracting Party, Entity or Fishing Entity; and vii the measures adopted to implement these provisions. b At the time the chartering arrangement is made, the flag Contracting Party or Cooperating non- Contracting Party, Entity or Fishing Entity shall provide the following information to the Executive Secretary: i its consent to the chartering arrangement; and ii the measures adopted to implement these provisions. iii its agreement to comply with ICCAT conservation and management measures. c Both the chartering Contracting Party and the flag Contracting Party or Cooperating non-Contracting Party, Entity or Fishing Entity shall inform the Executive Secretary of the termination of the charter; d The Executive Secretary of ICCAT shall circulate all the information without delay to all Contracting Parties. 14 The chartering Contracting Party shall report to the Executive Secretary of ICCAT by July 31 each year, and for the previous calendar year, the particulars of charter arrangements made and carried out under this recommendation, including information of catches taken and fishing effort deployed by the chartered vessels, in a manner consistent with confidentiality requirements. 15 Each year the Executive Secretary of ICCAT shall present a summary of all the chartering arrangements to the Commission which, at its annual meeting, shall review compliance with this recommendation. 16 Without prejudice to the annual review provided for in paragraph 15, the Commission, at its annual meeting in 2006, shall review and, as appropriate, revise this recommendation. 2002 1
ICCAT-REC-2002-28 ICCAT Binding MCS Superseded Microsoft Word - 2-TEXTS_ACTIVE 2005_SEPT 22 05.doc 02-28 TOR RECOMMENDATION BY ICCAT TO CHANGE THE TERMS OF REFERENCE OF THE PERMANENT WORKING GROUP FOR THE IMPROVEMENT OF ICCAT STATISTICS AND CONSERVATION MEASURES (PWG) (Entered into force: June 3, 2003) CONSIDERING the need to update the terms of reference for PWG: THE INTERNATIONAL COMMISSION FOR THE CONSERVATION OF ATLANTIC TUNAS RECOMMENDS THAT: The 1992 Resolution by ICCAT to Establish a Permanent Working Group for the Improvement of ICCAT Statistics and Conservation Measures and the Terms of Reference of the Working Group [92-2] be amended as follows: 1 To obtain, compile and review all available information on the fishing activities of non-Contracting Parties, for species under the purview of ICCAT, including details on the type, flag and name of vessels and reported or estimated catches by species and area; 2 To obtain, compile and review all available information on landings and transshipments of species under the purview of ICCAT caught by non-Contracting Parties, including details on the name and flag of the vessels, the quantities landed and transshipped, and the countries' landing ports through which the product was shipped; 3 To obtain, compile and review all available trade data regarding species under the purview of ICCAT and other related information to be obtained from trade statistics of the Contracting Parties and from implementation of the ICCAT Statistical Document Programs; 4 To consider the effectiveness and practical aspects of the implementation of the ICCAT Statistical Document Programs; 5 To review and make recommendations for improvement of ICCAT statistics regarding catches of species under the purview of ICCAT in light of trade data and related information mentioned in point 3 above; 6 To develop recommendations to control the transfer at sea of species under the purview of ICCAT between vessels from different countries; 7 To consider and outline measures to prevent the re-flagging of vessels of Contracting Parties for the purpose of avoiding fisheries management measures established by the Commission; and 8 To recommend measures to the Commission based upon the findings of the Working Group's activities. Parties will ensure that these measures conform to their trade obligations. 2002 1
ICCAT-REC-2003-12 ICCAT Binding MCS In force 03-12_REC DUTIES OF FLAG CPCs_DEC 17.doc [03-12] RECOMMENDATION BY ICCAT CONCERNING THE DUTIES OF CONTRACTING PARTIES AND COOPERATING NON-CONTRACTING PARTIES, ENTITIES, OR FISHING ENTITIES IN RELATION TO THEIR VESSELS FISHING IN THE ICCAT CONVENTION AREA IN ACCORDANCE WITH the Needs and Principles set forth in the General Outline of Integrated Monitoring Measures Adopted by ICCAT, adopted by the Commission in 2002 to ensure effective monitoring measures; CONSIDERING the deliberations of the ICCAT Working Group to Develop Integrated Monitoring Measures held in Madeira from 26 to 28 May 2003; THE INTERNATIONAL COMMISSION FOR THE CONSERVATION OF ATLANTIC TUNAS (ICCAT) RECOMMENDS THAT: 1. In order to control vessels entitled to fly their flags and authorized to fish species managed by ICCAT in the Convention area, flag Contracting Parties, Cooperating non-Contracting Parties, Entities or Fishing Entities (hereinafter referred to as CPCs) shall: a) adopt measures so that their vessels comply with and do not undermine ICCAT conservation and management measures; b) authorize their vessels to fish in the ICCAT Convention area by means of fishing authorizations, licenses, or permits; c) ensure they do not authorize their vessels to fish in the ICCAT Convention area unless they are able to effectively exercise their responsibilities in respect of such vessels, including monitoring and controlling their fishing activities; d) ensure that their vessels do not conduct unauthorized fishing within areas under the national jurisdiction of other States, through appropriate cooperation with coastal States concerned, and other relevant means available to the flag CPC; e) require their vessels fishing on the high seas to carry the license, authorization or permit on board at all times and to produce it on demand for inspection by a duly authorized person; f) investigate and follow-up on an alleged violation by a vessel and report the results of such investigation, as well as the actions taken whenever that violation has been confirmed. 2. Each flag CPC shall establish and maintain an up-to-date record of fishing vessels entitled to fly its flag and authorized to fish species managed by ICCAT in the Convention area, which should include vessels of other flags authorized under charter agreements. 3. Each flag CPC shall ensure that its fishing vessels authorized to fish species managed by ICCAT in the Convention area, as well as their fishing gears, are marked in such a way that they can be readily identified in accordance with generally accepted standards such as the FAO standard specification for the marking and the identification of fishing vessels. 2003 1
ICCAT-REC-2003-13 ICCAT Binding MCS In force 03-13_REC RECORDING OF CATCH_DEC 17.doc [03-13] RECOMMENDATION BY ICCAT CONCERNING THE RECORDING OF CATCH BY FISHING VESSELS IN THE ICCAT CONVENTION AREA IN ACCORDANCE WITH the Needs and Principles set forth in the General Outline of Integrated Monitoring Measures Adopted by ICCAT, adopted by the Commission in 2002 to ensure effective monitoring measures; CONSIDERING the deliberations of the ICCAT Working Group to Develop Integrated Monitoring Measures held in Madeira from 26 to 28 May 2003; THE INTERNATIONAL COMMISSION FOR THE CONSERVATION OF ATLANTIC TUNAS (ICCAT) RECOMMENDS THAT: Each flag Contracting Party, Cooperating non-Contracting Party, Entity or Fishing Entity shall ensure that all fishing vessels flying its flag and authorized to fish species managed by ICCAT in the Convention area be subject to a data recording system. All commercial fishing vessels over 24 m length overall shall keep a bound or electronic logbook recording the information required in the ICCAT Field Manual for Statistics and Sampling. In the case of sport fishing vessels, other comparable data-collection systems shall be acceptable. 2003 1
ICCAT-REC-2003-14 ICCAT Binding MCS In force Microsoft Word - ENG REC 03-14.doc 03-14 GEN RECOMMENDATION BY ICCAT CONCERNING MINIMUM STANDARDS FOR THE ESTABLISHMENT OF A VESSEL MONITORING SYSTEM IN THE ICCAT CONVENTION AREA (Entered into force: June 19, 2004) IN ACCORDANCE WITH the Needs and Principles set forth in the General Outline of Integrated Monitoring Measures Adopted by ICCAT, adopted by the Commission in 2002 to ensure effective monitoring measures; CONSIDERING the deliberations of the ICCAT Working Group to Develop Integrated Monitoring Measures held in Madeira from 26 to 28 May 2003; RECOGNIZING the developments in satellite-based vessel monitoring systems (VMS), and the possible utility within ICCAT; THE INTERNATIONAL COMMISSION FOR THE CONSERVATION OF ATLANTIC TUNAS (ICCAT) RECOMMENDS THAT: 1 Each flag Contracting Party, Cooperating non-Contracting Party, Entity or Fishing Entity (hereinafter referred to as CPC) shall implement no later than (1 November 2005) a Vessel Monitoring System (hereinafter referred to as VMS) for its commercial fishing vessels exceeding 20 meters between perpendiculars or 24 meters length overall and: a) require its fishing vessel to be equipped with an autonomous system able to automatically transmit a message to the land-based Fisheries Monitoring Center (hereinafter referred to as FMC) of the flag CPC allowing a continuous tracking of the position of a fishing vessel by the CPC of that fishing vessel. b) ensure that the satellite tracking device fitted on board the fishing vessels shall enable the vessel to continuously collect and transmit, at any time, to the FMC of the flag CPC the following data: i) the vessel’s identification; ii) the most recent geographical position of the vessel (longitude, latitude) with a margin of error lower than 500 metres, with a confidence interval of 99%; iii) the date and time of the fixing of the said position of the vessel. 2 Each CPC shall take the necessary measures to ensure that the FMC receives through the VMS the messages required in paragraph 1.b). 3 Each CPC shall ensure that the masters of fishing vessels flying its flag shall ensure that the satellite tracking devices are permanently operational and that the information identified in paragraph 1.b) is collected at least every 6 hours for transmission on, at least, a daily basis. In the event of a technical failure or non-operation of the satellite tracking device fitted on board a fishing vessel, the device shall be repaired or replaced within one month. After this period, the master of a fishing vessel is not authorized to commence a fishing trip with a defective satellite tracking device. Furthermore, when a device stops functioning or has a technical failure during a fishing trip lasting more than one month, the repair or the replacement has to take place as soon as the vessel enters a port; the fishing vessel shall not be authorized to commence a fishing trip without the satellite tracking device having been repaired or replaced. 4 Each CPC shall ensure that a fishing vessel with a defective satellite tracking device shall communicate, at least daily, reports containing the information in paragraph 1.b) to the FMC by other means of communication (radio, telefax or telex). 5 Until (1 November 2005) fishing vessels referred to in paragraph 1 which are not yet equipped with VMS shall report at least daily by radio, telefax or telex. Such reports must include, inter alia, information on the official numbers (radio call sign and registration number), the name of the fishing vessel, the date, the time (UTC) and the geographical position (latitude and longitude) when transmitting the report, to their competent authorities, as well as: a) the geographic position at the beginning of the fishing operation; b) the geographic position at the end of the fishing operation. 6 CPCs are encouraged to extend the application of this Recommendation to their fishing vessels of less than 20 meters between perpendiculars or 24 meters length overall if they consider this to be appropriate to ensure the effectiveness of ICCAT conservation and management measures. 2003 1
ICCAT-REC-2003-16 ICCAT Binding MCS In force 03-16_REC ADDIT MEASURE AGAINST IUUs_DEC 17.doc [03-16] RECOMMENDATION BY ICCAT TO ADOPT ADDITONAL MEASURES AGAINST ILLEGAL, UNREPORTED AND UNREGULATED (IUU) FISHING MINDFUL of the need to improve the control and management of quotas and catch limits fixed by ICCAT, CONCERNED by the fact that the activities of IUU fishing in the ICCAT Convention area continue, and that these activities undermine the effectiveness of the ICCAT conservation and management measures, NOTING that certain vessels catch, land, place in cages for farming, market and/or transship tuna and tuna-like species when their flag State has no quota, catch limit or effort allocation in accordance with ICCAT conservation and management measures, THE INTERNATIONAL COMMISSION FOR THE CONSERVATION OF ATLANTIC TUNAS (ICCAT) RECOMMENDS THAT: Consistent with their rights and obligations under international law, Contracting Parties and Cooperating non- Contracting Parties, Entities or Fishing Entities (hereafter referred to as CPCs) take the necessary measures to prohibit landings from fishing vessels, placing in cages for farming and/or the transshipment within their jurisdiction of tunas or tuna-like species caught by IUU fishing activities. 2003 1
ICCAT-REC-2003-18 ICCAT Binding MCS Superseded 03-18_REC GEORGIA BET TRADE SANCTIONS_DEC 17.doc [03-18] RECOMMENDATION BY ICCAT FOR BIGEYE TUNA TRADE RESTRICTIVE MEASURES ON GEORGIA RECOGNIZING the authority and responsibility of ICCAT to manage populations of tuna and tuna-like species in the Atlantic Ocean and adjacent seas, at the international level; NOTING the need for all non-Contracting Parties, Entities or Fishing Entities fishing for such species in the Atlantic Ocean or its adjacent seas to join ICCAT or to cooperate with ICCAT’s conservation and management measures; EXPRESSING CONCERN with regard to the overfished status of bigeye tuna in the Atlantic Ocean; RECOGNIZING that large-scale longline vessels registered in Georgia are fishing in the Atlantic Oceans and are harvesting bigeye tuna; RECALLING the adoption in 1998 of the Resolution by ICCAT Concerning the Unreported and Unregulated Catches of Tunas by Large-Scale Longline Vessels in the Convention Area [98-18]; CALLING ATTENTION to the 2002 decision by the Commission, based on data and associated information submitted by Contracting Parties, Cooperating non-Contracting Parties, Entities, or Fishing Entities to identify Georgia pursuant to Resolution [98-18] and that the Commission duly notified Georgia of the identification and requested that it rectify the situation; CAREFULLY REVIEWING the information regarding efforts by the Commission to obtain the cooperation of Georgia since the 2002 meeting, including information that Georgia has taken insufficient action to rectify the situation and continues to operate in a manner that diminishes the effectiveness of ICCAT conservation and management measures by, inter alia, increasing harvests of bigeye tuna and failing to control effectively the large-scale longline vessels that appear on Convention area and other areas. THE INTERNATIONAL COMMISSION FOR THE CONSERVATION OF ATLANTIC TUNAS (ICCAT) RECOMMENDS THAT: 1. Contracting Parties, Cooperating non-Contracting Parties, Entities, or Fishing Entities take appropriate measures consistent with the provisions of the Resolution [98-18] to the effect that the import of Atlantic bigeye tuna and its products in any form from Georgia be prohibited effective from the time this Recommendation enters into force. 2. Contracting Parties, Cooperating non-Contracting Parties, Entities or Fishing Entities lift the import prohibitions on Georgia upon the decision of the Commission and receipt of notification from the ICCAT Executive Secretary that fishing practices of Georgia have been brought into conformity with ICCAT measures. 3. The Commission again request Georgia to cooperate with ICCAT by ensuring that vessels entitled to fly its flag fish in a manner consistent with ICCAT conservation and management measures and by providing catch statistics in accordance with ICCAT procedures. 4. The Commission continue to encourage participation by Georgia in ICCAT meetings. the ICCAT list of vessels believed to engaged i n illegal, unreported, and unregulated fishing activities in the ICCAT 2003 1
ICCAT-REC-2003-19 ICCAT Binding MCS In force 03-19_REC AMEND 3 STAT DOC FORMS_DEC 17.doc [03-19] RECOMMENDATION BY ICCAT CONCERNING THE AMENDMENT OF THE FORMS OF THE ICCAT BLUEFIN/BIGEYE/SWORDFISH STATISTICAL DOCUMENTS NOTING that the Recommendation by ICCAT Concerning the Establishment of an ICCAT Record of Vessel Over 24 Meters Authorized to Operate in the Convention Area [02-22] prescribes that both exporting and importing Contracting Parties, Cooperating non-Contracting Parties, Entities or Fishing Entities (hereinafter referred to as CPCs) shall cooperate to ensure that the forgery of or misinformation in statistical documents is avoided; RECOGNIZING that additional information such as vessel length and time of harvest is necessary for better implementation of Commission’s conservation and management measures and for the smooth implementation of the Recommendation [02-22]; CONSIDERING that the Standing Committee on Research and Statistics (SCRS) and Ad Hoc Data Workshop are strongly concerned about the quality of the catch data including statistics related to bluefin farming; FURTHER RECOGNIZING the necessity of better data collection on farming tuna through the Statistical Document Program; THE INTERNATIONAL COMMISSION FOR THE CONSERVATION OF ATLANTIC TUNAS (ICCAT) RECOMMENDS THAT: 1. The sample forms of the statistical documents and the re-export certificate and instruction sheets in the following Recommendations and Resolution shall be replaced by the attached forms and instructions respectively. a) Resolution by ICCAT Concerning the Effective implementation of the ICCAT Bluefin Tuna Statistical Document Program [94-5] b) Recommendation by ICCAT Concerning the Implementation of the ICCAT Bluefin Tuna Statistical Document Program on Re-export [97-4] c) Recommendation by ICCAT Concerning the ICCAT Bigeye Tuna Statistical Document Program [01-21] d) Recommendation by ICCAT Establishing a Swordfish Statistical Document Program [01-22] 2. Related to the Recommendation by ICCAT on Bluefin Tuna Farming [03-09], the Contracting Parties, Cooperating non-Contracting Parties, Entities or Fishing Entities that export farmed bluefin tuna products shall ensure to mark the box “Farmed” in the first line of the ICCAT Bluefin Tuna Statistical Document or the box in item 5 of the ICCAT Bluefin Tuna Re-export Certificate. 3. The Commission shall communicate with other relevant regional fishery management bodies which established the statistical document programs and the authorized vessel records and request them to implement the similar reform. DOCUMENT NUMBER EXPORT SECTION: 1. FLAG COUNTRY/ENTITY/FISHING ENTITY 2. DESCRIPTION OF VESSEL (if applicable) Vessel Name Registration Number LOA (m) ICCAT Record No. (if applicable) 3. TRAPS OR FARMS (if applicable) Name and Address 4. POINT OF EXPORT (City, State/Province, Country/Entity/Fishing Entity) 5. DESCRIPTION OF FISH Product Type a Time of Harvest Gear Code b Area of Catch c Net Weight Tag Number F/FR RD/GG/DR/FL/OT (mm/yy) (kg) (if applicable) 6. EXPORTER CERTIFICATION: I certify that the above information is complete, true and correct to the best of my knowledge and belief. Name Address Signature Date License # (if applicable) 7. GOVERNMENT VALIDATION: I validate that the above information is complete, true and correct to the best of my knowledge and belief. Total weight of the shipment: kg Name & Title Signature Date Government Seal IMPORT SECTION 8. IMPORTER CERTIFICATION: I certify that the above information is complete, true and correct to the best of my knowledge and belief. Importer Certification (Intermediate Country/Entity/Fishing Entity) Name Address Signature Date License # (if applicable) Importer Certification (Intermediate Country/Entity/Fishing Entity) Name Address Signature Date License # (if applicable) Importer Certification (Final Destination of Shipment) Name Address Signature Date License # (if applicable) Final Point of Import: City State/Province Country/Entity/Fishing Entity NOTE: IF A LANGUAGE OTHER THAN ENGLISH IS USED IN COMPLETING THIS FORM, PLEASE ADD THE ENGLISH TRANSLATION ON THIS DOCUMENT. ICCAT BLUEFIN TUNA STATISTICAL DOCUMENT ? Capture ? Farmed ? ? a F=Fresh, FR=Frozen, RD=Round, GG=Gilled & Gutted, DR=Dressed, FL=Fillet, OT=Others (Describe the type of product: ) b c When the Gear Code is OT, describe the type of gear: ) Ocean area (e.g., east/west Atlantic, Mediterranean, Pacific) OT OTHER TYPE RETURN A COPY OF COMPLETED DOCUMENT TO: (the name of the office of the competent authority of the flag state). BLUEFIN TUNA STATISTICAL DOCUMENT INSTRUCTION SHEET Pursuant to the 1992 ICCAT Recommendations, bluefin tuna dealers who import bluefin tuna into the territory of an ICCAT Contracting Party or at the first entry into a regional economic organization will be required to complete the appropriate sections of the Document. Only complete and valid documents will guarantee that shipments of bluefin tuna will be allowed to enter the territory of Contracting Parties. Shipments of bluefin tuna that are accompanied by improperly documented Bluefin Tuna Statistical Documents (i.e., improperly documented means that the Bluefin Tuna Statistical Document is either missing from the shipment, incomplete, invalid or falsified) will be considered illegitimate shipments of bluefin tuna, that are contrary to ICCAT conservation efforts, and their entry will be suspended (PENDING RECEIPT OF A PROPERLY COMPLETED DOCUMENT) into the territory of a Contracting Party or subject to administrative or other sanction. Please use this Instruction Sheet as a guideline to complete that section of the Bluefin Tuna Statistical Document that applies to Exporters, Importers, and Government Validation. If a language other than English is used in completing the form, please add the English translation on the Document. NOTE: IF A BLUEFIN TUNA PRODUCT IS EXPORTED DIRECTLY TO JAPAN, WITHOUT FIRST GOING THROUGH AN INTERMEDIATE COUNTRY, ALL FISH CAN BE IDENTIFIED ON ONE DOCUMENT. HOWEVER, IF THE BLUEFIN TUNA PRODUCT IS EXPORTED THROUGH AN INTERMEDIATE COUNTRY (i.e. A COUNTRY OTHER THAN THE COUNTRY WHICH IS THE FINAL DESTINATION OF THE PRODUCT), SEPARATE DOCUMENTS MUST BE PREPARED FOR DIFFERENT FINAL DESTINATIONS OR EACH FISH MAY BE ACCOMPANIED BY A SEPARATE DOCUMENT TO IDENTIFY ANY POSSIBLE SEPARATION OF SHIPMENTS BY AN INTERMEDIATE COUNTRY. THE IMPORT OF FISH PARTS OTHER THAN THE MEAT, i.e., HEAD, EYES, ROE, GUTS, TAILS MAY BE ALLOWED WITHOUT THE DOCUMENT. INSTRUCTIONS DOCUMENT NUMBER: Block for the issuing Country to designate a country coded Document Number. 20 10 0 -10 -20 -30 -40 -50 TITLE: Check the appropriate box. (1) FLAG COUNTRY: Fill in the name of the country of the vessel that harvested the bluefin tuna in the shipment and issued this Document. According to the ICCAT Recommendation, only the flag state of the vessel that harvested the bluefin tuna in the shipment can issue this Document. (2) DESCRIPTION OF VESSEL (if applicable): Fill in the name, registration number, length overall (LOA) and ICCAT Record number of the vessel that harvested the bluefin tuna in the shipment. When tag numbers are provided in section 5 and the vessel harvested is smaller than 24 meters in LOA, this section need not be filled in. (3) TRAPS OR FARMS (if applicable): Fill in the name and address of the trap/farm that harvested or farmed the bluefin tuna in the shipment. (4) POINT OF EXPORT: Identify the City, State or Province, and Country from which the bluefin tuna was exported. (5) DESCRIPTION OF FISH: The exporter must provide, to the highest degree of accuracy, the following information. NOTE: One row should describe one product type. (1) Product Type: Identify the type of product being shipped as either FRESH or FROZEN, and in ROUND, GILLED AND GUTTED, DRESSED, FILLET or OTHER form. For OTHER, describe the type of products in the shipment. (2) Time of Harvest: Fill in the time of harvest (in month and year) of the bluefin tuna in the shipment. (3) Gear Code: Identify the gear type which was used to harvest the bluefin tuna using the list below. For OTHER TYPE, describe the type of gear. (4) Area of Catch: Identify the general area of the ocean in which the bluefin tuna product was harvested (i.e. east, west Atlantic, Mediterranean (see the map below), Pacific). (5) Net product weight in kilograms. (6) Country Coded Tag Number (if applicable). (6) EXPORTER CERTIFICATION: The person or company exporting the bluefin tuna shipment must provide his/her name, address, signature, date the shipment was exported, and dealer license number (if applicable). (7) GOVERNMENT VALIDATION: Fill in the name and full title of the official signing the Document. The official must be in the employment of the competent government authority of the flag state of the vessel that harvested the bluefin tuna appearing on the Document. This requirement may be waived according to the ICCAT RESOLUTION CONCERNING VALIDATION BY A GOVERNMENT OFFICIAL OF THE BLUEFIN TUNA STATISTICAL DOCUMENT. (8) IMPORTER CERTIFICATION: The person or company that imports bluefin tuna must provide his/her name, address, signature, date the bluefin was imported, license number (if applicable), and final point of import. This includes imports into intermediate countries. For fresh and chilled products, the signature of the importer may be substituted by a person of a customs clearance company when the authority for signature is properly accredited to it by the importer. GEAR CODE: GEAR CODE GEAR TYPE BB BAITBOAT GILL GILLNET HAND HANDLINE HARP HARPOON LL LONGLINE MWT MID-WATER TRAWL PS PURSE SEINE RR ROD AND REEL SPHL SPORT HANDLINE SPOR SPORT FISHERIES UNCLASSIFIED SURF SURFACE FISHERIES UNCLASSIFIED TL TENDED LINE TRAP TRAP TROL TROLL UNCL UNSPECIFIED METHODS 70 60 50 40 MED 30 At. WEST At. EAST BFT (T. t. tynnus) 4. DESCRIPTION OF IMPORTED FISH Product Type Net Weight Flag Country/ F/FR RD/GG/DR/FL/OT (kg) Entity/Fishing Entity 5. DESCRIPTION OF FISH FOR RE-EXPORT Product Type Net Weight F/FR RD/GG/DR/FL/OT (kg) ? ? ? F=Fresh, FR=Frozen, RD=Round, GG=Gilled & Gutted, DR=Dressed, FL=Fillet, OT=Others (Describe the type of product: 6. EXPORTER CERTIFICATION: DOCUMENT ICCAT BLUEFIN TUNA RE-EXPORT CERTIFICATE NUMBER RE-EXPORT SECTION: 1. RE-EXPORTING COUNTRY/ENTITY/FISHING ENTITY 2. POINT OF RE-EXPORT 3. FARMS (if applicable) I certify that the above information is complete, true and correct to the best of my knowledge and belief. Name Address Signature Date Date of import ) License # (if applicable) 7. GOVERNMENT VALIDATION: I validate that the above information is complete, true and correct to the best of my knowledge and belief. Total weight of the shipment: kg Name & Title Signature Date Government Seal IMPORT SECTION 8. IMPORTER CERTIFICATION: I certify that the above information is complete, true and correct to the best of my knowledge and belief. Importer Certification (Intermediate Country/Entity/Fishing Entity) Name Address Signature Date License # (if applicable) Importer Certification (Intermediate Country/Entity/Fishing Entity) Name Address Signature Date License # (if applicable) Importer Certification (Final Destination of Shipment) Name Address Signature Date License # (if applicable) Final Point of Import: City State/Province Country/Entity/Fishing Entity NOTE: IF A LANGUAGE OTHER THAN ENGLISH IS USED IN COMPLETING THIS FORM, PLEASE ADD THE ENGLISH TRANSLATION ON THIS DOCUMENT. ? ? ? Farmed Farmed Farmed nd .ICCAT BLUEFIN TUNA RE-EXPORT CERTIFICATE INSTRUCTION SHEET Under the framework of the ICCAT Bluefin Tuna Statistical document Program, a request for the establishment of a system enabling re-export was growing recently. In 1997, a Recommendation was adopted to implement the ICCAT Bluefin Tuna statistical Document Program for Re-export. Pursuant to this Recommendation, bluefin tuna dealers who import re-exported*1 bluefin tuna to Japan will be required to submit an ICCAT Bluefin Tuna Re-export Certificate*2 to be validated by a government official of the intermediate country or area*3, or by a recognized institution, such as a Chamber of Commerce a Industry, accredited by the government of the intermediate country or area. A copy of the original Bluefin Tuna Statistical Document (BFTSD) accompanying the bluefin tuna at the time of importation must be attached to the Re-export Certificate. The copy of the original BFTSD so attached must be verified by a government official of the intermediate country or area, or by a recognized institution, such as a Chamber of Commerce and Industry, accredited by the government of the intermediate country or area. When re-exported bluefin tuna are again re-exported*4, all copies of documents, including a verified copy of a BFTSD and Re-export Certificate which accompanied that bluefin tuna must be attached to a new Re-export Certificate to be validated by a government official of the last intermediate country or area, or by a recognized institution, such as a Chamber of Commerce and Industry, accredited by the government of the last intermediate country or area. Only bluefin tuna accompanied by a complete and valid Re-export Certificate will be allowed to enter Japan. Shipments of re-exported bluefin tuna accompanied by an improperly documented*5 Re-export Certificate will be considered illegitimate shipments of re-exported bluefin that are contrary to ICCAT conservation efforts, and their entry into Japan will be suspended pending receipt of a properly documented Re-export Certificate. NOTE: *1 “Re-export” means that bluefin tuna passes through a country or an area (tax-exempted areas are excluded) after being exported from the flagship country or the area (tax-exempted areas are excluded) of the fishing vessel which has caught that bluefin tuna. *2 Hereinafter called “Re-export Certificate”. *3 “An intermediate country or area” means a country or an area through which bluefin tuna pass after being exported from the flagship country or the area (tax-exempted areas are excluded) of the fishing vessel which has caught that bluefin tuna. *4 Re-export of bluefin tuna from one Member State of the European Union to another is exempted. *5 “Improperly documented” means that the Re-export Certificate is either missing from the shipment, incomplete, invalid, or falsified. Please use this instruction sheet as a guideline to complete that section of the Bluefin Tuna Re-export Certificate that applies to Exporters, Importers, and Government Validation. If a language other than English is used in completing the form, please add the English translation on the Certificate. NOTE: IF A BLUEFIN TUNA PRODUCT IS RE-EXPORTED DIRECTLY TO JAPAN, WITHOUT FIRST GOING THROUGH AN INTERMEDIATE COUNTRY/ENTITY/FISHING ENTITY, ALL FISH CAN BE IDENTIFIED ON ONE CERTIFICATE. HOWEVER, IF THE BLUEFIN TUNA PRODUCT IS RE-EXPORTED THROUGH AN INTERMEDIATE COUNTRY/ENTITY/FISHING ENTITY (i.e. A COUNTRY/ENTITY/FISHING ENTITY OTHER THAN THE COUNTRY/ENTITY/FISHING ENTITY WHICH IS THE FINAL DESTINATION OF THE PRODUCT), A SEPARATE CERTIFICATE MUST BE PREPARED FOR DIFFERENT FINAL DESTINATIONS OR EACH FISH MAY BE ACCOMPANIED BY A SEPARATE CERTIFICATE TO IDENTIFY ANY POSSIBLE SEPARATION OF SHIPMENTS BY AN INTERMEDIATE COUNTRY/ENTITY/FISHING ENTITY. THE IMPORT OF FISH PARTS OTHER THAN THE MEAT, i.e. HEADS, EYES, ROE, GUTS, TAILS MAY BE ALLOWED WITHOUT THE CERTIFICATE. INSTRUCTIONS DOCUMENT NUMBER: Block for the issuing Country/Entity/Fishing Entity to designate a Country/Entity/Fishing Entity coded document number. (1) RE-EXPORTING COUNTRY/ENTITY/FISHING ENTITY Fill in the name of the Country/Entity/Fishing Entity that re-exports the bluefin tuna in the shipment and issued this Certificate. According to the ICCAT Recommendation, only the re-exporting Country/Entity/Fishing Entity can issue this Certificate. (2) POINT OF RE-EXPORT Identify the City/State Province and Country/Entity/Fishing Entity from which the bluefin tuna was re-exported. (3) FARMS (if applicable) Fill in the name and address of the farm that farmed the bluefin tuna in the shipment. (4) DESCRIPTION OF IMPORTED FISH The exporter must provide, to the highest degree of accuracy, the following information: NOTE: One row should describe one product type. (1) Product type: Identify the type of product being shipped as either FRESH or FROZEN, and in ROUND, GILLED AND GUTTED, DRESSED, FILLET or OTHER form. For OTHER, describe the type of products in the shipment. (2) Net weight: Net product weight in kilograms. (3) Flag Country/Entity/Fishing Entity: the name of the Country/Entity/Fishing Entity of the vessel that harvested the bluefin tuna in the shipment. (4) Date of import: Imported date. (5) DESCRIPTION OF RE-EXPORTED FISH The exporter must provide, to the highest degree of accuracy, the following information: NOTE: One row should describe one product type. (1) Product type: Identify the type of product being shipped as either FRESH or FROZEN, and in ROUND, GILLED AND GUTTED, DRESSED FILLET or OTHER form. For OTHER, describe the type of products in the shipment. (2) Net weight: Net product weight in kilograms. (3) Mark the box “Farmed” if the bluefin tuna in the shipment was farmed at the re-exporting country/entity/fishing entity. (6) RE-EXPORTED CERTIFICATION The person or company re-exporting the bluefin tuna shipment must provide his/her name, address, signature, date the shipment was re-exported, and re-exporter’s license number (if applicable). (7) GOVERNMENT VALIDATION Fill in the name and full title of the official signing the Certificate. The official must be in the employment of the competent government authority of the re-exporting Country/Entity/Fishing Entity appearing on the Certificate. This requirement may be waived according the ICCAT RESOLUTION CONCERNING VALIDATION BY AN GOVERNMENT OFFICIAL OF THE BLUEFIN STATISTICAL DOCUMENT. (8) IMPORTER CERTIFICATION The person or company that imports bluefin tuna must provide his/her name, address, signature, date the bluefin tuna was imported, license number (if applicable) and re-exported final point of import. This includes imports into intermediate Countries/Entities/Fishing Entities. For fresh and chilled products, the signature of the importer may be substituted by a person of a customs clearance company when the authority for signature is properly accredited to it by the importer. RETURN A COPY OF THE COMPLETED CERTIFICATE TO: (the name of the office of the competent authority of the re-exporting Country/Entity/Fishing Entity). DOCUMENT ICCAT BIGEYE TUNA STATISTICAL DOCUMENT NUMBER EXPORT SECTION: 1. FLAG COUNTRY/ENTITY/FISHING ENTITY 2. DESCRIPTION OF VESSEL (if applicable) ICCAT Record No. (if applicable) Net Weight (kg) Vessel Name Registration Number LOA (m) 3. TRAPS (if applicable) 4. POINT OF EXPORT (City, State/Province, Country/Entity/Fishing Entity) 5. AREA OF CATCH (Check one of the following) (a) Atlantic (b) Pacific (c) Indian * In case of (b) or (c) is checked, the items 6 and 7 below do not need to be filled out. 6. DESCRIPTION OF FISH Gear Code (*2) Product Type (*1) Time of Harvest F/FR RD/GG/DR/FL/OT (mm/yy) *1 F=Fresh, FR=Frozen, RD=Round, GG=Gilled & Gutted, DR=Dressed, FL=Fillet, OT=Others (Describe the type of product: ) *2 When the Gear Code is OT, describe the type of gear: ) 6. EXPORTER CERTIFICATION: I certify that the above information is complete, true and correct to the best of my knowledge and belief. Name Address Signature Date License # (if applicable) 7. GOVERNMENT VALIDATION: I validate that the above information is complete, true and correct to the best of my knowledge and belief. Total weight of the shipment: kg Name & Title Signature Date Government Seal IMPORT SECTION 8. IMPORTER CERTIFICATION: I certify that the above information is complete, true and correct to the best of my knowledge and belief. Importer Certification (Intermediate Country/Entity/Fishing Entity) Name Address Signature Date License # (if applicable) Importer Certification (Intermediate Country/Entity/Fishing Entity) Name Address Signature Date License # (if applicable) Importer Certification (Final Destination of Shipment) Name Address Signature Date License # (if applicable) Final Point of Import: City State/Province Country/Entity/Fishing Entity NOTE: IF A LANGUAGE OTHER THAN ENGLISH IS USED IN COMPLETING THIS FORM, PLEASE ADD THE ENGLISH TRANSLATION ON THIS DOCUMENT. ICCAT BIGEYE TUNA STATISTICAL DOCUMENT INSTRUCTION SHEET DOCUMENT NUMBER: Block for the issuing Country/Entity/Fishing Entity to designate a country/entity/fishing entity encoded Document Number. (1) FLAG COUNTRY/ENTITY/FISHING ENTITY: Fill in the name of the country/entity/fishing entity of the vessel that harvested the bigeye tuna in the shipment and issued this Document. According to the ICCAT Recommendation, only the flag state of the vessel that harvested the bigeye tuna in the shipment or, if the vessel is operating under a charter arrangement, the exporting state, can issue this Document. (2) DESCRIPTION OF VESSEL (if applicable): Fill in the name, registration number, length overall (LOA) and ICCAT Record number of the vessel that harvested the bigeye tuna in the shipment. (3) TRAPS (if applicable): Fill in the name of the trap that harvested the bigeye tuna in the shipment. (4) POINT OF EXPORT: Identify the City, State or Province, and Country/Entity/Fishing Entity from which the bigeye tuna was exported. (5)AREA OF CATCH: Check the area of catch. (If (b) or (c) checked, items 6 and 7 below do not need to be filled out.) (6) DESCRIPTION OF FISH: The exporter must provide, to the highest degree of accuracy, the following information. NOTE: One row should describe one product type. (1) Product Type: Identify the type of product being shipped as either FRESH or FROZEN, and in ROUND, GILLED AND GUTTED, DRESSED, FILLET or OTHER form. For OTHER, describe the type of products in the shipment. (2) Time of Harvest: Fill in the time of harvest (in month and year) of the 0 tuna in the shipment. (3) Gear Code: Identify the gear type which was used to harvest the bigeye tuna using the list below. For OTHER TYPE, describe the type of gear, including farming. (4) Net product weight in kilograms. (7) EXPORTER CERTIFICATION: The person or company exporting the bigeye tuna shipment must provide his/her name, company name, address, signature, date the shipment was exported, and dealer license number (if applicable). (8) GOVERNMENT VALIDATION: Fill in the name and full title of the official signing the Document. The official must be employed by a competent authority of the flag state government of the vessel that harvested the bigeye tuna appearing on the Document or other individual or institution authorized by the flag state. When appropriate, this requirement is waived according validation of the document by a government official, or if the vessel is operating under a charter arrangement, by a government official or other authorized individual or institution of the exporting state. The total weight of the shipment shall also be specified in this block. The substitutional measure described in paragraphs A-D of the Resolution by ICCAT Concerning Validation by a Government Official of the Bluefin Tuna Statistical Document [93-2], adopted by the Commission in 1993, may be applied to the above requirements for the validations in this Bigeye Tuna Statistical Document Program. (9) IMPORTER CERTIFICATION: The person or company that imports bigeye tuna must provide his/her name, address, signature, date the bigeye was imported, license number (if applicable), and final point of import. This includes imports into intermediate countries, entities or fishing entities. For fresh and chilled products, the signature of the importer may be substituted by a person of a customs clearance company when the authority for signature is properly accredited to it by the importer. GEAR CODE: GEAR CODE GEAR TYPE, BB BAITBOAT GILL GILLNET HAND HANDLINE HARP HARPOON LL LONGLINE MWT MID-WATER TRAWL PS PURSE SEINE RR ROD AND REEL SPHL SPORT HANDLINE SPOR SPORT FISHERIES UNCLASSIFIED SURF SURFACE FISHERIES UNCLASSIFIED TL TENDED LINE TRAP TRAP TROL TROLL UNCL UNSPECIFIED METHODS OT OTHER TYPE RETURN A COPY OF COMPLETED DOCUMENT TO: (the name of the office of the competent authority of the flag state). DOCUMENT ICCAT SWORDFISH STATISTICAL DOCUMENT NUMBER EXPORT SECTION: 1. FLAG COUNTRY/ENTITY/FISHING ENTITY 2. DESCRIPTION OF VESSEL (if applicable) Vessel Name Registration Number LOA (m) ICCAT Record No. (if applicable) 3. POINT OF EXPORT: CITY, STATE OR PROVINCE COUNTRY/ENTITY/FISHING ENTITY 4. AREA OF CATCH (Check one of the following) (a) North Atlantic (b) South Atlantic (c) Mediterranean (d) Pacific (e) Indian * In case of (d) or (e) is checked, the items 5 and 6 below do not need to be filled out. 5. DESCRIPTION OF FISH Product Type a Time of Harvest F/FR RD/GG/DR/FL/OT (mm/yy) Net Weight (kg) Gear Code b When the Gear Code is OT, describe the type of gear: ) 6. EXPORTER CERTIFICATION: For export to countries that have adopted the ICCAT alternative minimum size for swordfish the exporter must certify that the listed Atlantic swordfish are greater than 15 kg(33lb.) or if pieces, the pieces were derived from a swordfish weighing >15kg. I certify that the above information is complete, true and correct to the best of my knowledge and belief. Name Address Signature Date License # (if applicable) 7. GOVERNMENT VALIDATION: I validate that the above information is complete, true and correct to the best of my knowledge and belief. Total weight of the shipment: kg Name & Title Signature Date Government Seal IMPORT SECTION 8. IMPORTER CERTIFICATION: I certify that the above information is complete, true and correct to the best of my knowledge and belief. Importer Certification (Intermediate Country/Entity/Fishing Entity) Name Address Signature Date License # (if applicable) Importer Certification (Intermediate Country/Entity/Fishing Entity) Name Address Signature Date License # (if applicable) Importer Certification (Final Destination of Shipment) Name Address Signature Date License # (if applicable) Final Point of Import: City State/Province Country/Entity/Fishing Entity NOTE: IF ALANGUAGE OTHER THAN ENGLISH IS USED IN COMPLETING THIS FORM, PLEASE ADD THE ENGLISH TRANSLATION ON THIS DOCUMENT. a F=Fresh, FR=Frozen, RD=Round, GG=Gilled & Gutted, DR=Dressed, FL=Fillet, ST=Steak, OT=Others (Describe the type of product: ) a ICCAT SWORDFISH STATISTICAL DOCUMENT INSTRUCTION SHEET Pursuant to the 2001 ICCAT recommendation, swordfish imported into the territory of a Contracting Party or upon first entry into a regional economic organization must be accompanied by an ICCAT Swordfish Statistical Document (SWD) beginning January 1, 2003. Swordfish dealers who export or import swordfish from all ocean areas will be required to complete the appropriate sections of the SWD. Only complete and valid documents will guarantee that shipments of swordfish will be allowed to enter the customs territory of Contracting Parties (e.g., Japan, Canada, U.S., Spain, etc.). Improperly documented swordfish shipments (i.e., the SWD is either missing from the shipment, incomplete, invalid or falsified) will be considered illegitimate and contrary to ICCAT conservation efforts. Entry of improperly documented swordfish will be suspended (PENDING RECEIPT OF A PROPERLY COMPLETED DOCUMENT) into the customs territory of a Contracting Party or subject to administrative or other sanctions. Please use the instructions below as a guide to complete the sections that apply to Exporters, Importers, and Government Validation. If a language other than English is used for description, please add an English translation either on the SWD or on a separate paper. Note: if a swordfish product is exported directly from the harvesting Country/Entity/Fishing Entity to a Contracting Party, without going through an intermediate Country/Entity/Fishing Entity, all fish can be identified on one document. However, if the swordfish product is exported through an intermediate Country/Entity/Fishing Entity (i.e., a Country/Entity/Fishing Entity other than the Country/Entity/Fishing Entity which is the final destination of the product), separate documents must be prepared for fish destined for different final destinations, or only one fish may be identified on a document to cope with any possible separation in an intermediate Country/Entity/Fishing Entity. Import of swordfish parts other than meat (i.e., heads, eyes, roe, guts, tails) may be allowed entry without an accompanying SWD. DOCUMENT NUMBER: This block is for the issuing Country/Entity/Fishing Entity to designate a country coded Document Number. (1) FLAG COUNTRY/ENTITY/FISHING ENTITY - Fill in the name of the Country/Entity/Fishing Entity of the vessel that harvested the swordfish in the shipment and issued this Document. According to the ICCAT Recommendation, only the flag state of the vessel that harvested the swordfish in the shipment, or, if the vessel is operating under a chartering arrangement, the exporting state, can issue this Document. (2) DESCRIPTION OF VESSEL (if applicable): Fill in the name, registration number, length overall (LOA) and ICCAT Record number of the vessel that harvested the swordfish in the shipment. (3) POINT OF EXPORT - Identify the City and State or Province, and country/entity/fishing ent ity from which the swordfish was exported. (4) AREA OF CATCH - Check the area of catch. (In case of (d) or (e) checked, items 4 and 5 need not be completed). (5) DESCRIPTION OF FISH - The exporter must provide, to the highest degree of accuracy, the following information. (NOTE: One row should describe one product type.) (1) Product type: Identify the type of product being shipped as either FRESH or FROZEN, and in ROUND, GILLED AND GUTTED, DRESSED, FILLET or OTHER form. For OTHER, describe the type of products in the shipment; (2) Time of Harvest: Fill in the time of harvest (month and year) of the swordfish in the shipment; (3) Gear Code: Identify the gear type which was used to harvest the swordfish using the listed codes; (5) Net weight: Net product weight in kilograms. (6) EXPORTER CERTIFICATION - The person or company exporting the swordfish shipment must provide his/her name, signature, address, date the shipment was exported, and dealer license number (if applicable). For countries that have adopted the ICCAT alternative minimum size for swordfish the exporter must certify that the listed Atlantic swordfish are greater than 15 kg (33 lb.) or if pieces, the pieces were derived from a swordfish weighing >15 kg. (7) GOVERNMENT VALIDATION - Fill in name and full title of the official signing the SWD. The official must be employed by a competent authority of the flag state government of the vessel that harvested the swordfish appearing on the SWD or other individual or institution authorized by the flag state or if the vessel is operating under a charter arrangement, by a government official or other authorized individual or institution of the exporting state. Net weight must also be certified and recorded The substitutional measure described in paragraphs A-D of the Resolution by ICCAT concerning Validation by aGovernment Official of the Bluefin Tuna Statistical Document [93-2], adopted by the Commission in 1993, may be applied to the above requirements for the validations in this Swordfish Statistical Document Program. (8) IMPORTER CERTIFICATION - The person or company that imports swordfish must provide their name, signature, address, date the swordfish was imported, license number (if applicable) and final point of import. This includes imports into intermediate countries, entities or fishing entities. For fresh and chilled products, signature of the importer may be substituted by person of a custom clearance company when the authority of signature is properly accredited to the company GEAR CODE GEAR TYPE BB Baitboat GILL Gillnet HAND Handline HARP Harpoon LL Longline MWT Mid-water trawl PS Purse seine RR Rod and reel SPHL Sport handline SPOR Sport fisheries, unclassified SURF Surface fisheries, unclassified TL Tended line TRAP Trap TROL Troll UNCL Unspecified methods OT Other type: Describe the type of gear Original completed document must accompany exported shipment. Retain a copy for your records. The original (imports) or a copy (exports) must be postmarked and mailed, or faxed, within 24 hours of import or export to: XXXX 2003 1
ICCAT-REC-2003-20 ICCAT Binding Misc In force 03-20_REC COOP STATUS_DEC 17.doc [03-20] RECOMMENDATION BY ICCAT ON CRITERIA FOR ATTAINING THE STATUS OF COOPERATING NON-CONRACTING PARTY, ENTITY OR FISHING ENTITY IN ICCAT RECALLING the Resolution by ICCAT on Coordination with Non-Contracting Parties [94-6] adopted at the Commission’s 9th Special Meeting in 1994 and the Resolution by ICCAT on Becoming a Cooperating Party, Entity or Fishing Entity [01-17] adopted at the 17th Regular Meeting in 2001; RECOGNIZING the continuing need to encourage non-Contracting Parties, Entities, or Fishing Entities with vessels fishing for ICCAT species in the Convention area to implement ICCAT conservation measures; RECOGNIZING the need for clear criteria to enable non-Contracting Parties, Entities or Fishing Entities whose vessels fish for ICCAT species in the ICCAT Convention area to attain the status of Cooperating non- Contracting Party, Entity or Fishing Entity; THE INTERNATIONAL COMMISSIONS FOR THE CONSERVATION OF ATLANTIC TUNAS (ICCAT) RECOMMENDS THAT: 1. Each year, the Executive Secretary of ICCAT shall contact all non-Contracting Parties, Entities, or Fishing Entities known to be fishing in the Convention area for species under ICCAT competence to urge them to become a Contracting Party to ICCAT or to attain the status of a Cooperating non-Contracting Party, Entity or Fishing Entity. In doing so, the Executive Secretary shall provide a copy of all relevant Recommendations and Resolutions adopted by the Commission. 2. Any non-Contracting Party, Entity, or Fishing Entity that seeks to be accorded the status of a Cooperating non- Contracting Party, Entity or Fishing Entity shall apply to the Executive Secretary. Requests must be received by the Executive Secretary no later than ninety (90) days in advance of an ICCAT annual meeting, to be considered at that meeting. 3. Non-Contracting Parties, Entities or Fishing Entities requesting the status of Cooperating non-Contracting Party, Entity or Fishing Entity shall provide the following information in order to have this status considered by the Commission: a) where available, data on its historical fisheries in the Convention area, including nominal catches, number/type of vessels, name of fishing vessels, fishing effort and fishing areas; b) all the data that Contracting Parties have to submit to ICCAT based on the Recommendations adopted by ICCAT; c) details on current fishing presence in the Convention area, number of vessels and vessel characteristics and; d) information on any research programs it may have conducted in the Convention area and the information and the results of this research. 4. An applicant for Cooperating non-Contracting Party, Entity or Fishing Entity Status shall also: a) confirm its commitment to respect the Commission’s conservation and management measures and; b) inform ICCAT of the measures it takes to ensure compliance by its vessels with ICCAT conservation and management measures . 5. The Commission's Permanent Working Group for the Improvement of ICCAT Statistics and Conservation Measures (hereinafter PWG) shall be responsible for reviewing requests for Cooperating Status and for recommending to the Commission whether or not an applicant should receive Cooperating Status. In this review, the PWG shall also consider information regarding the applicant available from other Regional Fisheries Management Organizations (RFMOs) as well as data submission of the applicant to the Commission. Caution shall be used so as not to introduce into the Convention area the excessive fishing capacity of other regions or IUU fishing activities in granting Cooperating Status to the applicant. 6. Cooperating non-Contracting Parties, Entities or Fishing Entity status shall be annually reviewed and renewed unless revoked by the Commission due to non-compliance with ICCAT conservation and management measures. 7. The Resolution by ICCAT on Becoming a Cooperating Party, Entity or Fishing Entity [01-17], adopted at the 2001 Commission meeting, is substituted by this Recommendation. 2003 1
ICCAT-REC-2004-01 ICCAT Binding Tuna species Superseded untitled 04-01 BET RECOMMENDATION BY ICCAT ON A MULTI-YEAR CONSERVATION AND MANAGEMENT PROGRAM FOR BIGEYE TUNA CONSIDERING the need to conserve and manage the bigeye tuna stocks, the Standing Committee for Research and Statistics (SCRS) recommends that the total catch not exceed 90,000 t; CONVINCED that the implementation of this advice would provide the foundations for a stable management strategy for these stocks in the medium term; MINDFUL of the 2001 ICCAT Criteria for the Allocation of Fishing Possibilities [01-25]; AWARE of the considerable efforts that have already been carried out by Contracting Parties involved in these fisheries; NOTING that the implementation of a closed area/season, to be applied by purse seine and baitboat fleets, significantly contributes to the reduction of the catches of juvenile bigeye tuna, CONCERNED at the increasing development of IUU activities and the consequent need to regulate strictly transshipment operations, RECOGNIZING that timely reporting of catch will assist greatly in the monitoring of the fisheries, CONSIDERING that the adoption of a multi-annual program for the medium-term will contribute to the conservation and sustainable development of the bigeye tuna stocks; THE INTERNATIONAL COMMISSION FOR THE CONSERVATION OF ATLANTIC TUNAS (ICCAT) RECOMMENDS THAT: 1 Contracting Parties and Cooperating Non-Contracting Parties, Entities or Fishing Entities (hereafter named CPCs) whose vessels fish bigeye tuna in the Atlantic shall implement a multi-annual management and conservation program for the period 2005 to 2008. Capacity limitation 2 A capacity limitation shall be maintained in accordance with the Recommendation by ICCAT on the Bigeye Tuna Conservation Measures for Vessels Larger Than 24 Meters Length Overall (LOA) [Rec. 98-03] limiting the number of fishing vessels to the average number of fishing vessels having fished bigeye tuna in the Convention area in 1991 and 1992. a) Each CPC which has been allocated a catch limit, in accordance with operative paragraph 4 below, shall restrict the number of its vessels fishing for bigeye tuna, by gear type, in 2005 and subsequent years, to the number of their bigeye vessels notified to ICCAT for 2005. In that regard, each of these CPCs shall notify by 30 June 2005, to the Commission the number of their bigeye vessels, by gear type. Each CPC shall adjust fishing effort commensurate with the available fishing opportunities. b) The following limits shall be applied to: Page 1 of 3 China ……………………. 45 longline vessels Philippines ………………. 8 longline vessels Chinese Taipei …….……… 98 longline vessels Panama …………………… 3 purse seine vessels These CPCs shall ensure that their presence in this fishery is commensurate with their fishing possibilities. c) Each CPC shall manage the inclusion and exclusion of its vessels in/from the ICCAT Record of Vessels. Vessels may be replaced on the Record by a vessel of equivalent capacity. TAC and Catch limits 3 The annual total allowable catch (TAC) is fixed at 90,000 t for each of the years 2005, 2006, 2007 and 2008. 4 a) The following catch limits shall be applied for the four year period until 2008, based on the average catch of Atlantic bigeye tuna in 1991 and 1992 and taking account of recent developments, for the following CPCs: CPC 2005 2006 2007 2008 China 5,400 5,700 5,900 5,900 European Community 25,000 24,500 24,000 24,000 Ghana 4,000 4,500 5,000 5,000 Japan 27,000 26,000 25,000 25,000 Panama 3,500 3,500 3,500 3,500 Chinese Taipei 16,500 16,500 16,500 16,500 b) All underages or overages of this catch limit of bigeye may be added or shall be deducted from the catch limit as follows: Year of catch Adjustment year 2005 2006 and/or 2007 2006 2007 and/or 2008 2007 2008 and/or 2009 However, the maximum underage that a CPC may transfer in any given year shall not exceed 30% of its annual catch limit. 5 The over-harvest of China in 2003 will result in a yearly deduction of 500 t from their annual catch limit in the period 2005-2009. The over-harvest of Chinese Taipei of 8,000 t in 2003 will result in a yearly deduction of 1,600 t from their annual catch limit in the period 2005-2009. 6 The TAC and catch limits for 2008 in operative paragraph 4 shall be reviewed and, if necessary, revised based upon the results of the stock assessments in 2007 by the SCRS. Should adjustments to the TAC for 2008 be required following this assessment, the relative shares of the CPCs for 2008 shall remain unchanged from those in operative paragraph 4.a of the current Recommendation. 7 The provisions of paragraphs 2 and 4 shall not apply to CPCs whose reported 1999 catch, as provided to the SCRS in 2000, was less than 2,100 t. Page 2 of 3 Area/Season closure 8 In order to protect the stock, in particular juvenile fish, fishing by purse seiners and baitboats flying a CPC flag, shall be prohibited during the period and in the area specified in paragraphs 9 and 10 below; 9 The area referred to in paragraph 8 is the following: – Southern limit: parallel 0° South latitude – Northern limit: parallel 5° North latitude – Western limit: meridian 20° West longitude – Eastern limit: meridian 10° West longitude. 10 The period covered by the prohibition of paragraph 8 will be from 1 November to 30 November of each year. 11 The SCRS shall examine in 2005 the impact on stocks of this measure, and shall recommend the necessary modifications that would improve its effectiveness and review possible modifications to be applied to the closure. CPCs shall establish internal procedures to sanction fleets flying their flag that do not comply with the closure. They will submit an annual report on their implementation to the Secretariat. The Executive Secretary shall make a report to the Commission. 12 CPCs shall use their Vessel Monitoring Systems to ensure enforcement of the area/season closure. Data collection 13 CPCs shall: ─ Increase or maintain appropriate systems of collection and processing of fisheries catch and effort data; ─ Respect the guidelines established for the transmission of annual Task I and Task II data. 14 CPCs shall adopt the necessary measures to ensure the reporting of their total landings and transshipments of bigeye tuna carried out by the vessels that fly their flag. 15 In order to obtain data on the composition of the catches, particularly those of spawners, relative to the fishing areas and seasons, there shall be observers on board at least 5% of longline vessels over 24 meters fishing for bigeye. General provisions 16 This recommendation replaces the Recommendation by ICCAT on a Bigeye Tuna Size Limit [Rec. 79-01] and the Recommendation by ICCAT on the Establishment of a Closed Area/Season for the Use of Fish- Aggregation Devices (FADs) [Rec. 99-01]. Page 3 of 3 2004 1
ICCAT-REC-2004-10 ICCAT Binding Non-target species In force untitled 04-10 BYC RECOMMENDATION BY ICCAT CONCERNING THE CONSERVATION OF SHARKS CAUGHT IN ASSOCIATION WITH FISHERIES MANAGED BY ICCAT RECALLING that the United Nations Food and Agriculture Organization (FAO) International Plan of Action for Sharks calls on States, within the framework of their respective competencies and consistent with international law, to cooperate through regional fisheries organizations with a view to ensuring the sustainability of shark stocks as well as to adopt a National Plan of Action for the conservation and management of sharks; CONSIDERING that many sharks are part of pelagic ecosystems in the Convention area, and that tunas and tuna-like species are captured in fisheries targeting sharks; RECOGNIZING the need to collect data on catch, effort, discards, and trade, as well as information on the biological parameters of many species, in order to conserve and manage sharks; THE INTERNATIONAL COMMISSION FOR THE CONSERVATION OF ATLANTIC TUNAS (ICCAT) RECOMMENDS THAT: 1 Contracting Parties, Cooperating non-Contracting Parties, Entities or Fishing Entities (CPCs) shall annually report Task I and Task II data for catches of sharks, in accordance with ICCAT data reporting procedures, including available historical data. 2 CPCs shall take the necessary measures to require that their fishermen fully utilize their entire catches of sharks. Full utilization is defined as retention by the fishing vessel of all parts of the shark excepting head, guts and skins, to the point of first landing. 3 CPCs shall require their vessels to not have onboard fins that total more than 5% of the weight of sharks onboard, up to the first point of landing. CPCs that currently do not require fins and carcasses to be offloaded together at the point of first landing shall take the necessary measures to ensure compliance with the 5% ratio through certification, monitoring by an observer, or other appropriate measures. 4 The ratio of fin-to-body weight of sharks described in paragraph 3 shall be reviewed by the SCRS and reported back to the Commission in 2005 for revision, if necessary. 5 Fishing vessels are prohibited from retaining on board, transshipping or landing any fins harvested in contravention of this Recommendation. 6 In fisheries that are not directed at sharks, CPCs shall encourage the release of live sharks, especially juveniles, to the extent possible, that are caught incidentally and are not used for food and/or subsistence. 7 In 2005, the SCRS shall review the assessment of shortfin mako sharks (Isurus oxyrinchus) and recommend management alternatives for consideration by the Commission, and reassess blue shark (Prionaca glauca) and shortfin mako no later than 2007. 8 CPCs shall, where possible, undertake research to identify ways to make fishing gears more selective. 9 CPCs shall, where possible, conduct research to identify shark nursery areas. 10 The Commission shall consider appropriate assistance to developing CPCs for the collection of data on their shark catches. 11 This recommendation applies only to sharks caught in association with fisheries managed by ICCAT. Page 1 of 1 2004 1
ICCAT-REC-2005-09 ICCAT Binding MCS In force 2005 1
ICCAT-REC-2006-01 ICCAT Binding Tuna species In force Microsoft Word - 06-01 REC RE CHINESE TAIPEI_DEC_13.doc 06-01 BET RECOMMENDATION BY ICCAT REGARDING CHINESE TAIPEI RECALLING the adoption in 2005 of the Recommendation by ICCAT Regarding Control of Chinese Taipei’s Atlantic Bigeye Tuna Fishery [Rec. 05-02]; FURTHER RECALLING the adoption in 2003 of the Resolution by ICCAT Concerning Trade Measures; MINDFUL that the alternate bigeye tuna catch limit for Chinese Taipei specified in Recommendation 05-02 applied for 2006 only; CAREFULLY REVIEWING the information regarding the information and reports submitted by Chinese Taipei in accordance with Recommendation 05-02 and its attachment, and all other relevant information available; ACKNOWLEDGING with satisfaction that Chinese Taipei has met the conditions set out in Recommendation 05-02 to cooperate with ICCAT in the conservation and management of tuna and tuna like species by carrying out such measures as extensive reduction in the number of its vessels and has made significant progress in rectifying the situation that Recommendation 05-02 was designed to address; THE INTERNATIONAL COMMISSION FOR THE CONSERVATION OF ATLANTIC TUNAS (ICCAT) RECOMMENDS THAT: 1. Notwithstanding the provisions of the Recommendation by ICCAT on a Multi-Year Conservation and Management Program for Bigeye Tuna [Rec. 04-01], Chinese Taipei shall limit the number of vessels under its registry authorized to conduct a directed fishery for bigeye tuna in the Convention area to no more than 64 in 2007, and 60 in 2008 and thereafter. In general, Chinese Taipei shall ensure that the number of vessels of any size registered to Chinese Taipei and authorized to fish for ICCAT species in the ICCAT Convention area is commensurate with the available fishing opportunities agreed by ICCAT. 2. For 2007, Chinese Taipei shall subject fishing vessels under its registry and authorized to conduct a directed fishery for bigeye tuna in the Convention Area to the following monitoring and enforcement measures: - The vessels shall submit daily catch reports to Chinese Taipei authorities, by VMS or radio; - These vessels shall only conduct fishing operations for bigeye tuna if they are in possession of available individual vessel quota. - Chinese Taipei authorities will send a preliminary catch report to ICCAT on a semi-annual basis; - Chinese Taipei shall ensure 10% observer coverage by vessel in the entire fishery. 3. Until the observer program established under the Recommendation by ICCAT Establishing a Program for Transshipment [Rec. 06-11], is implemented, no at-sea transshipment is permitted for the vessels in paragraph 2, and their catch must be transshipped or landed at two designated ports (Cape Town or Las Palmas). 4. For 2007, Chinese Taipei shall conduct an appropriate port inspection and sampling program to verify compliance by its fleet fishing for ICCAT species in the Convention area with quotas and other rules, as well as to sample catches, and report the findings of this program to ICCAT. 5. In order to control IUU fishing by vessels of any size that fish for ICCAT species in the ICCAT Convention area, Chinese Taipei shall, in cooperation with other CPCs continue to take effective steps to eliminate IUU fishing activities by Chinese Taipei residents and business entities and by vessels registered to Chinese Taipei, including implementing meaningful regulatory and enforcement measures to, at a minimum: Page 1 of 2 - Cut beneficial and financial relations with IUU operators; - Identify, investigate, and take effective measures to eliminate IUU fishing operations for ICCAT species in the Convention area, in particular by vessels less than 24 meters LOA owned by Chinese Taipei residents or business entities, including cooperation with flag States to control foreign-flagged vessels; and - Work with the respective flag States, to the extent practicable, to stop foreign flagged vessels owned by Chinese Taipei business interests from exporting under the name of Chinese Taipei. - Work with the respective flag State to ensure that foreign-flagged vessels owned by Chinese Taipei business interests comply with ICCAT conservation and management measures. 6. Chinese Taipei shall further investigate the past and current IUU fishing activities involving Chinese Taipei residents including illegal harvest of ICCAT species and submit a report on its findings to the 2007 annual meeting of the Commission. 7. Chinese Taipei shall submit to ICCAT an interim report by 1 July 2007 and a final report 30 days before the 2007 annual meeting of the Commission describing the steps it has taken to comply with all terms of this recommendation. ICCAT shall review these reports and any other available information at its 2007 annual meeting. 8. This Recommendation replaces the Recommendation by ICCAT Regarding Control of Chinese Taipei’s Atlantic Bigeye Tuna Fishery [Rec. 05-02]. Page 2 of 2 2006 1 1
ICCAT-REC-2006-04 ICCAT Binding Tuna species In force Microsoft Word - 06-01 REC RE CHINESE TAIPEI_DEC_13.doc 06-04 ALB SUPPLEMENTAL RECOMMENDATION BY ICCAT TO AMEND THE RECOMMENDATION BY ICCAT ON NORTH ATLANTIC ALBACORE CATCH LIMITS FOR THE PERIOD 2004-2006 THE INTERNATIONAL COMMISSION FOR THE CONSERVATION OF ATLANTIC TUNAS (ICCAT) RECOMMENDS THAT: 1. The terms of the 2003 Recommendation by ICCAT on North Atlantic Catch Limits for the Period 2004- 2006 [Rec. 03-06] are extended to 2007. 2. All underages or overages of the quota/annual catch limit of northern albacore may be added to or shall be deducted from the quota/catch limit as follows: Year of catch Adjustment year 2007 2009 and/or 2010 However, the maximum underage that a Party may transfer in any given year shall not exceed 50% of its initial catch quota. Page 1 of 1 2006 1
ICCAT-REC-2006-09 ICCAT Binding Non-target species In force Microsoft Word - 06-01 REC RE CHINESE TAIPEI_DEC_13.doc 06-09 BIL RECOMMENDATION BY ICCAT TO FURTHER STRENGTHEN THE PLAN TO REBUILD BLUE MARLIN AND WHITE MARLIN POPULATIONS RECALLING the 2000 Recommendation from ICCAT to rebuild Atlantic Blue Marlin and Atlantic White Marlin, FURTHER RECALLING that the objective of the Convention is to maintain populations at levels that will support maximum sustainable catch (usually referred to as MSY), CONSIDERING that the 2006 Standing Committee on Research and Statistics (SCRS) stock assessment recommends that the management measures currently in effect be continued, and that billfish mortality from artisanal fleets be regulated to control or reduce the fishing mortality generated by these fisheries; FINALLY NOTING that the next stock assessment for marlins will be conducted in 2010, THE INTERNATIONAL COMMISSION FOR THE CONSERVATION OF ATLANTIC TUNAS (ICCAT) RECOMMENDS THAT: Rebuilding Program 1. A two phase program shall be continued to rebuild blue marlin and white marlin populations to levels sufficient to support MSY. Phase 1 measures are to commence in 2001 and apply through 2010, with re- evaluation and adjustment in 2010 for the beginning of Phase 2. 2. All Contracting Parties, non-Contracting Parties, Entities, and Fishing Entities shall take steps aimed at reducing the uncertainty in the SCRS stock status evaluations by substantial investment into SCRS research on blue marlin and white marlin habitat requirements and further verification of the historical catch and effort data for these species from all fisheries. Phase 1 3. Through 2010, the annual amount of blue marlin that can be harvested and retained for landing by pelagic longline and purse seine vessels must be no more than 50% of the 1996 or 1999 landing levels, whichever is greater. During Phase 1, for white marlin, the annual amount of white marlin that can be harvested by pelagic longline and purse seine vessels and retained for landing must be no more than 33% of the 1996 or 1999 landing levels, whichever is greater. All blue marlin and white marlin brought to pelagic longline and purse seine vessels alive shall be released in a manner that maximizes their survival. The provisions of this paragraph shall not apply to marlin that are dead when brought along the side of the vessel and that are not sold or entered into commerce. 4. During Phase 1, Contracting Parties, Cooperating non-Contracting Parties, Entities or Fishing Entities are encouraged to conduct research on blue marlin and white marlin, as recommended by the SCRS, including, but not limited to: habitat requirements of white marlin, studies on post-release survival rates of released fish, further verification of historical fishery data and validation; life history characteristics of marlin, and development of models for abundance estimation and stock assessment. The Commission continues to be concerned about commercial exploitation as a result of the utilization of white marlin and blue marlin, and encourages Contracting Parties, Cooperating non-Contracting Parties, Entities or Fishing Entities to take actions as practicable to address this concern. 5. During Phase 1 a) All Contracting Parties, non-Contracting Parties, Entities, and Fishing Entities shall maintain daily records of live and dead releases of blue marlin and white marlin from longline and purse seine vessels, by area no greater than 5 degrees by 5 degrees; b) To improve information for future stock assessments of blue marlin and white marlin, all Contracting Parties, non-Contracting Parties, Entities, and Fishing Entities shall establish or maintain systems to Page 1 of 3 collect scientific information on total catch composition and disposition of released and discarded marlin by area and season through new or on-going observer programs for their industrial and recreational fleets. In that regard, the purse seine and longline fleets will aim to place observers on at least 5% by fishing vessels. c) The United States shall monitor the landings of billfish tournaments through scientific observer coverage of at least 5% that includes collection of data on marlin landings from each observed billfish tournament. The United States shall maintain 10% scientific observer coverage of billfish tournament landings. The United States shall limit its landings to 250 recreationally-caught Atlantic blue marlin and white marlin combined on an annual basis through the year 2010. d) All Contracting Parties, non-Contracting Parties, Entities and Fishing Entities other than the United States shall adopt domestic regulations that establish minimum sizes for landings of blue marlin and white marlin in their recreational fisheries, such as, for example, blue marlin not smaller than 251 cm LJFL and white marlin not smaller than 168 cm LJFL. e) All Contracting Parties, non-Contracting Parties, Entities and Fishing Entities shall be required to maintain records (in terms of weight or number) of landings of blue marlin and white marlin. Such countries, entities or fishing entities shall collect catch and effort data on all marlins landed, and size data on at least 50% of the landings. f) The SCRS shall present at the 2010 Commission meeting, work plans to achieve Phase 2. 6. Contracting Parties, non-Contracting Parties, Entities and Fishing Entities shall encourage the initiation of research programs on technological improvements in the various fishing gears which promote the maximum reduction in mortality of these species, for example, the use of circle hooks as a means of minimizing post- release mortality of marlins; Phase 2 7. The SCRS shall conduct stock assessments of Atlantic blue marlin and white marlin in 2010, with a data preparatory meeting one year in advance. 8. For blue marlin and white marlin, the SCRS shall, at the 2010 Commission meeting, present its evaluation of specific stock recovery scenarios that take into account the new stock assessments, any new information and any re-evaluation of the historical catch and effort time series. 9. Following the next assessments, the Commission shall, if necessary based on SCRS advice, develop and adopt programs to rebuild the Atlantic stocks of blue marlin and white marlin to levels that would support MSY. The rebuilding programs shall include a timetable for recovery to a scientifically derived goal consistent with the objectives of the Convention, with associated milestones and biological reference points. This objective could be reached through plans of monitoring of effort and/or time-area closures and/or other measures practical to apply by the various Contracting Parties and Cooperating non-Contracting Parties, Entities or Fishing Entities, taking the specific characteristics of their fisheries into account. Catch limits and quotas 10. All Contracting Parties and non-contracting parties, entities or fishing entities shall promote the voluntary release of live blue marlin and white marlin. 11. Contracting Parties, non-Contracting Parties, Entities and Fishing Entities with artisanal marlin fisheries shall submit to SCRS in 2007 documentation of the character and extent of such fisheries and shall implement beginning in 2007, if feasible but not later than 2008, domestic measures to cap artisanal marlin catches at 2006 levels. Scientific research and data reporting requirements 12. CPCs shall advise ICCAT annually of measures in place or to be taken that reduce landings of marlins or fishing effort in the commercial and recreational fisheries that interact with blue marlin and white marlin. Page 2 of 3 13. The Commission shall maintain a program to improve catch data for blue marlin and white marlin. 14. Contracting Parties, non-Contracting Parties, Entities and Fishing Entities shall monitor and report effort (including number of fishing vessels) and catches (landings and discards) of billfish by their artisanal marlin fishing fleets. Resolutions relating to billfish 15. The SCRS is requested to further improve research and study of these species, with particular attention to their growth and age; 16. The SCRS is requested to review and update historical catch and effort data for commercial and recreational fisheries for these species in the Convention area; 17. A scientific program is hereby continued under the ICCAT Enhanced Billfish Program, under which Contracting Parties will promote the voluntary release by their commercial and recreational fishermen of blue marlin, white marlin, sailfish, and spearfish taken alive in the Convention area and, where practicable, the tagging of these species under the program; 18. All Contracting Parties fishing for billfishes should make an effort to participate in the ICCAT scientific program for these species, and report annually to the SCRS results of the program referred to in paragraph 17 above; 19. ICCAT will, particularly with the cooperation of those Contracting Parties with interests in the billfish fisheries, continue a reward program for the tag and release of billfishes, and for the return of tags recovered from recaptured billfishes. 20. As recommended by the Third ICCAT Billfish Workshop (1996), Contracting Parties should promote the use of monofilament leaders (on hook gangions) to avoid hindering the live release of billfishes; 21. The SCRS should continue to improve catch statistics and information about post-release mortality of fish released live from commercial as well as recreational fisheries, in order to develop a recovery program for billfish; 22. This Recommendation consolidates and replaces the following Recommendations and Resolutions as they relate to billfish: [Rec. 97-09] Recommendation by ICCAT Regarding Atlantic Blue Marlin and Atlantic White Marlin [Rec. 00-13] Recommendation by ICCAT to Establish a Plan to Rebuild Blue Marlin and While Marlin Populations [Rec. 02-13] Recommendation by ICCAT to Amend the Plan to Rebuild Blue Marlin and White Marlin Populations [Rec. 04-09] Supplemental Recommendation by ICCAT Concerning the Rebuilding Plan for Blue Marlin and White Marlin [Res. 95-12] Resolution by ICCAT for the Enhancement of Research Programs for Billfishes [Res. 96-09] Resolution by ICCAT Regarding the Release of Live Billfish Caught by Longline Page 3 of 3 2006 1
ICCAT-REC-2006-10 ICCAT Binding Non-target species In force Microsoft Word - 06-01 REC RE CHINESE TAIPEI_DEC_13.doc 06-10 BYC SUPPLEMENTARY RECOMMENDATION BY ICCAT CONCERNING THE CONSERVATION OF SHARKS CAUGHT IN ASSOCIATION WITH FISHERIES MANAGED BY ICCAT NOTING that the SCRS has stated that previous reviews of the shark database resulted in recommendations to improve the data reporting for sharks and that a large improvement in the quantity and quality of the overall shark catch statistics has not yet resulted; and CONSIDERING that three years have elapsed since the last assessment, the limited improvement achieved in the provision of shark data to ICCAT since then, as well as the acute need to convene a data processing workshop prior to the next stock assessment. THE INTERNATIONAL COMMISSION FOR THE CONSERVATION OF ATLANTIC TUNAS (ICCAT) RECOMMENDS THAT: 1. Paragraph 7 of the Recommendation by ICCAT Concerning the Conservation of Sharks Caught in Association with Fisheries Managed by ICCAT [Rec. 04-10], is amended to read: “SCRS shall conduct stock assessments of, and recommend management alternatives for, shortfin mako (Isurus oxyrinchus) and blue sharks (Prionace glauca) in time for consideration at the 2008 annual meeting of the Commission. A data preparatory meeting will be held in 2007 to review all relevant data on biological parameters, catch, effort, discards, and trade, including historical data. Parties should submit all relevant data sufficiently in advance of the meeting to allow the SCRS adequate time to review and incorporate the data into the assessment.” Page 1 of 1 2006 1
ICCAT-REC-2006-11 ICCAT Binding MCS Superseded Microsoft Word - 06-01 REC RE CHINESE TAIPEI_DEC_13.doc 06-11 GEN RECOMMENDATION BY ICCAT ESTABLISHING A PROGRAMME FOR TRANSHIPMENT TAKING ACCOUNT of the need to combat illegal, unregulated and unreported (IUU) fishing activities because they undermine the effectiveness of the conservation and management measures already adopted by ICCAT; EXPRESSING GRAVE CONCERN that organized tuna laundering operations have been conducted and a significant amount of catches by IUU fishing vessels have been transshipped under the names of duly licensed fishing vessels; IN VIEW THEREFORE OF THE NEED to ensure the monitoring of the transshipment activities by large- scale longline vessels in the Convention area, including the control of their landings; TAKING ACCOUNT of the need to collect catch data of such large-scale longline tuna to improve the scientific assessments of those stocks; THE INTERNATIONAL COMMISSION FOR THE CONSERVATION OF ATLANTIC TUNAS (ICCAT) RECOMMENDS THAT: SECTION 1. GENERAL RULE 1. Except under the special conditions outlined below in Section 2 for transhipment operations at sea, all transhipment operations of tuna and tuna-like species in the ICCAT Convention area must take place in port.1 2. The flag Contracting Party, Cooperating non-Contracting Party, Entity or Fishing Entity (hereafter referred to as CPCs) shall take the necessary measures to ensure that large-scale tuna vessels (hereafter referred to as the “LSTVs”) flying their flag comply with the obligations set out in Annex 3 when transhipping in port. SECTION 2. PROGRAMME TO MONITOR TRANSHIPMENT AT SEA 3. The Commission shall establish a program of transshipment which applies initially to large-scale tuna longline fishing vessels (hereafter referred to as the “LSTLVs”) and to carrier vessels authorized to receive transshipment from these vessels. The Commission shall at its 2008 annual meeting, review and, as appropriate, revise this Recommendation. Pending this review, small-scale albacore longline vessels shall be exempt from the requirements of paragraph 4. 4. The flag CPCs of LSTLVs shall determine whether or not to authorize their LSTLVs which fish for tuna and tuna-like species to transship at sea. However, the flag CPC may authorize the at-sea transshipment by its flag LSTLVs on the condition that such transshipment is conducted in accordance with the procedures defined in Sections 3, 4 and 5, and Annexes 1 and 2 below. SECTION 3. RECORD OF VESSELS AUTHORISED TO RECEIVE TRANSHIPMENT IN THE ICCAT AREA 5. The Commission shall establish and maintain an ICCAT Record of Carrier Vessels authorized to receive tuna and tuna-like species in the Convention area from LSTLVs. For the purposes of this Recommendation, carrier vessels not entered on the record are deemed not to be authorized to receive tuna and tuna-like species in transshipment operations. 1 By derogation, this provision shall not apply until 31 December 2009 to four Russian vessels, the characteristics of which shall be notified to the ICCAT Secretariat. However, the extension to 2009 shall be subject to the results of the review process in 2008. Page 1 of 7 6. Each CPC shall submit, electronically where possible, to the ICCAT Executive Secretary by 1 July 2006 the list of the carrier vessels that are authorized to receive transshipments from its LSTLVs in the Convention area. This list shall include the following information: - The flag of the vessel - Name of vessel, register number - Previous name (if any) - Previous flag (if any) - Previous details of deletion from other registries (if any) - International radio call sign - Type of vessels, length, gross registered tonnage (GRT) and carrying capacity - Name and address of owner(s) and operator(s) - Time period authorized for transshipping 7. Each CPC shall promptly notify the ICCAT Executive Secretary, after the establishment of the initial ICCAT record, of any addition to, any deletion from and/or any modification of the ICCAT record, at any time such changes occur. 8. The ICCAT Executive Secretary shall maintain the ICCAT record and take measures to ensure publicity of the record and through electronic means, including placing it on the ICCAT website, in a manner consistent with confidentiality requirements notified by CPCs for their vessels. 9. Carrier vessels authorized for at-sea transshipment shall be required to install and operate a VMS in accordance with the 2003 Recommendation by ICCAT Concerning Minimum Standards for the Establishment of a Vessel Monitoring System in the ICCAT Convention Area [Rec. 03-14]. SECTION 4. AT-SEA TRANSHIPMENT 10. Transshipments by LSTLVs in waters under the jurisdiction of the CPCs are subject to prior authorization from the coastal State concerned. CPCs shall take the necessary measures to ensure that LSTLVs flying their flag comply with the following: Flag State authorization 11. LSTLVs are not authorized to transship at sea, unless they have obtained prior authorization from their flag State. Notification obligations Fishing vessel: 12. To receive the prior authorization mentioned in paragraph 11 above, the master and/or owner of the LSTLV must notify the following information to its flag State authorities at least 24 hours in advance of the intended transshipment: - the name of the LSTLV and its number in the ICCAT record of fishing vessels, - the name of the carrier vessel and its number in the ICCAT record of carrier vessels authorized to receive transshipments in the ICCAT area, and the product to be transshipped, - the tonnage by product to be transshipped, - the date and location of transshipment, - the geographic location of the tuna catches The LSTLV concerned shall complete and transmit to its flag State, not later than 15 days after the transshipment, the ICCAT transshipment declaration, along with its number in the ICCAT record of fishing vessels, in accordance with the format set out in Annex 1. Page 2 of 7 Receiving carrier vessel: 13. The master of the receiving carrier vessel shall complete and transmit the ICCAT transshipment declaration to the ICCAT Secretariat and the flag CPC of the LSTLV, along with its number in the ICCAT record of carrier vessels authorized to receive transshipment in the ICCAT area, within 24 hours of the completion of the transshipment. 14. The master of the receiving carrier vessel shall, 48 hours before landing, transmit an ICCAT transshipment declaration, along with its number in the ICCAT record of vessels authorized to receive transshipment in the ICCAT area, to the competent authorities of the State where the landing takes place. Regional Observer Program 15. Each CPC shall ensure that all carrier vessels transshipping at sea have on board an ICCAT observer, not later than 31 March 2007, in accordance with the ICCAT regional observer program in Annex 2. The ICCAT observer shall observe the respect of this Recommendation, and notably that the transshipped quantities are consistent with the reported catch in the ICCAT transshipment declaration. 16. Vessels shall be prohibited from commencing or continuing transshipping in the ICCAT area without an ICCAT regional observer on board, except in cases of force majeure duly notified to the ICCAT Secretariat. SECTION 5. GENERAL PROVISIONS 17. To ensure the effectiveness of the ICCAT conservation and management measures pertaining to species covered by Statistical Document Programs: a) In validating the Statistical Document, flag CPCs of LSTLVs shall ensure that transshipments are consistent with the reported catch amount by each LSTLV. b) The flag CPC of LSTLVs shall validate the Statistical Documents for the transshipped fish, after confirming that the transshipment was conducted in accordance with this Recommendation. This confirmation shall be based on the information obtained through the ICCAT Observer Program. c) CPCs shall require that the species covered by the Statistical Document Programs caught by LSTLVs in the Convention area, when imported into the territory of a Contracting Party, be accompanied by statistical documents validated for the vessels on the ICCAT record and a copy of the ICCAT transshipment declaration. 18. The CPCs shall report annually before 15 September to the Executive Secretary: - The quantities by species transshipped during the previous year. - The list of the LSTLVs registered in the ICCAT record of fishing vessels which have transshipped during the previous year. - A comprehensive report assessing the content and conclusions of the reports of the observers assigned to carrier vessels which have received transshipment from their LSTLVs. 19. All tuna and tuna-like species landed or imported into the CPCs either unprocessed or after having been processed on board and which are transshipped, shall be accompanied by the ICCAT transshipment declaration until the first sale has taken place. 20. Each year, the Executive Secretary of ICCAT shall present a report on the implementation of this Recommendation to the annual meeting of the Commission which shall review compliance with this Recommendation. 21. This Recommendation replaces the Recommendation by ICCAT Establishing a Programme for Transshipment by Large-scale Longline Fishing Vessels [Rec. 05-06]. Page 3 of 7 ANNEX 1 ICCAT TRANSHIPMENT DECLARATION Carrier vessel Fishing vessel Name of vessel and radio call sign Name of the vessel and radio call sign Flag Flag Flag State authorization number Flag State authorization number National Register Number National Register Number ICCAT Register Number, if available ICCAT Register Number, if available External identification Day Month Hour Year |2_|0_|__|__| Agent’s name: Master’s name of LSTLV: Master’s name of Carrier: Departure |__|__| |__|__| |__|__| from |__________| Return |__|__| |__|__| |__|__| to |__________| Signature: Signature: Signature: Transshipment |__|__| |__|__| |__|__| |__________| Indicate the weight in kilograms or the unit used (e.g. box, basket) and the landed weight in kilograms of this unit: |___| kilograms LOCATION OF TRANSHIPMENT……….. Species Port Sea Type of Type of Type of Type of Type of Type of Type of Type of Type of Type of Product Product Product Product Product Product Product Product Product Product Whole Gutted Head off Filleted If transshipment effected at sea, ICCAT Observer signature: Page 4 of 7 ANNEX 2 ICCAT REGIONAL OBSERVER PROGRAMME 1. Each CPC shall require carrier vessels included in the ICCAT record of vessels authorized to receive transshipments in the ICCAT area and which transship at sea, to carry an ICCAT observer during each transshipment operation in the Convention area. 2. The Secretariat of the Commission shall appoint the observers and shall place them on board the carrier vessels authorized to receive transshipments in the ICCAT area from LSTLVs flying the flag of Contracting Parties and of non-Contracting Cooperating Parties, Entities or Fishing Entities that implement the ICCAT observer program. Designation of the observers 3. The designated observers shall have the following qualifications to accomplish their tasks: - sufficient experience to identify species and fishing gear; - satisfactory knowledge of the ICCAT conservation and management measures; - the ability to observe and record accurately; - a satisfactory knowledge of the language of the flag of the vessel observed. Obligations of the observer 4. Observers shall: a) have completed the technical training required by the guidelines established by ICCAT; b) be nationals of one of the CPCs and, to the extent possible, not of the flag State of the receiving carrier vessel; c) be capable of performing the duties set forth in point 5 below; d) be included in the list of observers maintained by the Secretariat of the Commission; e) not be a crew member of an LSTLV or an employee of an LSTLV company. 5. The observer tasks shall be in particular to: a) monitor the carrier vessel’s compliance with the relevant conservation and management measures adopted by the Commission. In particular the observers shall: i) record and report upon the transshipment activities carried out; ii) verify the position of the vessel when engaged in transshipping; iii) observe and estimate products transshipped; iv) verify and record the name of the LSTLV concerned and its ICCAT number; v) verify the data contained in the transshipment declaration; vi) certify the data contained in the transshipment declaration; vii) countersign the transshipment declaration; b) issue a daily report of the carrier vessel’s transshipping activities; c) establish general reports compiling the information collected in accordance with this paragraph and provide the captain the opportunity to include therein any relevant information. d) submit to the Secretariat the aforementioned general report within 20 days from the end of the period of observation. e) exercise any other functions as defined by the Commission. 6. Observers shall treat as confidential all information with respect to the fishing operations of the LSTLVs and of the LSTLVs owners and accept this requirement in writing as a condition of appointment as an observer; 7. Observers shall comply with requirements established in the laws and regulations of the flag State which exercises jurisdiction over the vessel to which the observer is assigned. Page 5 of 7 8. Observers shall respect the hierarchy and general rules of behavior which apply to all vessel personnel, provided such rules do not interfere with the duties of the observer under this program, and with the obligations of vessel personnel set forth in paragraph 9 of this program. Obligations of the flag States of carrier vessels 9. The responsibilities regarding observers of the flag States of the carrier vessels and their captains shall include the following, notably: a) Observers shall be allowed access to the vessel personnel and to the gear and equipment; b) Upon request, observers shall also be allowed access to the following equipment, if present on the vessels to which they are assigned, in order to facilitate the carrying out of their duties set forth in paragraph 5: i) satellite navigation equipment; ii) radar display viewing screens when in use; iii) electronic means of communication; c) Observers shall be provided accommodations, including lodging, food and adequate sanitary facilities, equal to those of officers; d) Observers shall be provided with adequate space on the bridge or pilot house for clerical work, as well as space on deck adequate for carrying out observer duties; and e) The flag States shall ensure that captains, crew and vessel owners do not obstruct, intimidate, interfere with, influence, bribe or attempt to bribe an observer in the performance of his/her duties. The Secretariat, in a manner consistent with any applicable confidentiality requirements, is requested to provide to the flag State of the carrier vessel under whose jurisdiction the vessel transshipped and to the Flag CPC of the LSTLV, copies of all raw data, summaries, and reports pertaining to the trip. The Secretariat shall submit the observer reports to the Compliance Committee and to the SCRS. Observer fees a) The costs of implementing this program shall be financed by the flag CPCs of LSTLVs wishing to engage in transshipment operations. The fee shall be calculated on the basis of the total costs of the program. This fee shall be paid into a special account of the ICCAT Secretariat and the ICCAT Secretariat shall manage the account for implementing the program; b) No observer shall be assigned to a vessel for which the fees, as required under subparagraph a), have not been paid. Page 6 of 7 ANNEX 3 IN-PORT TRANSHIPMENT BY LSTVs 1. Transshipment operations in port may only be undertaken in accordance with paragraph 3 of the Introduction and the procedures detailed below: Notification obligations 2. Fishing vessel: 2.1 Prior to transshipping, the captain of the LSTV must notify the following information to the Port State authorities, at least 48 hours in advance: - the name of the LSTV and its number in the ICCAT record of fishing vessels, - the name of the carrier vessel, and the product to be transshipped, - the tonnage by product to be transshipped, - the date and location of transshipment, - the major fishing grounds of the tuna catches 2.2 The captain of a LSTV shall, at the time of the transshipment, inform its flag State of the following; - the products and quantities involved - the date and place of the transshipment - the name, registration number and flag of the receiving carrier vessel - the major fishing grounds of the tuna catches. The captain of the LSTV concerned shall complete and transmit to its flag State the ICCAT transshipment declaration, along with its number in the ICCAT record of fishing vessels, in accordance with the format set out in Annex 1 not later than 15 days after the transshipment. Receiving vessel: 3. Not later than 24 hours before the beginning and at the end of the transshipment, the master of the receiving carrier vessel shall inform the port State authorities of the quantities of catches of tuna and tuna-like species transshipped to his vessel, and complete and transmit the ICCAT transshipment declaration to the competent authorities within 24 hours. Landing State: 4. The master of the receiving carrier vessel shall, 48 hours before landing, complete and transmit an ICCAT transshipment declaration, to the competent authorities of the landing State where the landing takes place. 5. The port State and the landing State referred to in the above paragraphs shall take the appropriate measures to verify the accuracy of the information received and shall cooperate with the flag CPC of the LSTV to ensure that landings are consistent with the reported catches amount of each vessel. This verification shall be carried out so that the vessel suffers the minimum interference and inconvenience and that degradation of the fish is avoided. 6. Each flag CPC of the LSTV shall include in its Annual Report each year to ICCAT the details on the transshipments by its vessels. Page 7 of 7 2006 1
ICCAT-REC-2006-13 ICCAT Binding MCS In force Microsoft Word - 06-01 REC RE CHINESE TAIPEI_DEC_13.doc 06-13 GEN RECOMMENDATION BY ICCAT CONCERNING TRADE MEASURES NOTING that the objective of ICCAT is to maintain the populations of tuna and tuna-like species in the Atlantic at levels which will permit harvesting at maximum sustainable yield; CONSIDERING the need for action to ensure the effectiveness of the ICCAT objectives; CONSIDERING the obligation of all Contracting Parties and Cooperating non-Contracting Parties, Entities or Fishing Entities (hereinafter referred to as CPCs) to respect the ICCAT conservation and management measures; AWARE of the necessity for sustained efforts by CPCs to ensure the enforcement of ICCAT’s conservation and management measures, and the need to encourage non-Contracting Parties, Entities or Fishing Entities (hereinafter referred to as NCPs) to abide by these measures; NOTING that trade restrictive measures should be implemented only as a last resort, where other measures have proven unsuccessful to prevent, deter and eliminate any act or omission that diminishes the effectiveness of ICCAT conservation and management measures; ALSO NOTING that trade restrictive measures should be adopted and implemented in accordance with international law, including principles, rights and obligations established in World Trade Organization (WTO) Agreements, and be implemented in a fair, transparent and non-discriminatory manner. THE INTERNATIONAL COMMISSION FOR THE CONSERVATION OF ATLANTIC TUNAS (ICCAT) RECOMMENDS THAT: 1. CPCs that import tuna and tuna-like fish and/or fish products or in whose ports those products are landed, shall identify such products, collect and examine the relevant import, landing or associated data on such products, in order to submit the relevant information in a timely manner to the ICCAT Secretariat for distribution to the other CPCs to collect any additional element in order that the Commission can identify each year: a) vessels that caught and produced such tuna or tuna-like species products, i) name ii) flag iii) name and address of owners iv) registration number b) farming facilities i) name ii) location iii) name and address of owners iv) registration number c) species (of tuna and tuna-like species) of the products, d) areas of catch (Atlantic Ocean, Mediterranean Sea, or other area), e) product weight by product type, f) points of export, 2. a) The Commission, through the Conservation and Management Measures Compliance Committee (hereinafter Compliance Committee) or the Permanent Working Group for the Improvement of ICCAT Statistics and Conservation Measures (hereinafter PWG), shall identify each year: i) The CPCs that have failed to discharge their obligations under the ICCAT Convention in respect of ICCAT conservation and management measures, in particular, by not taking measures or exercising Page 1 of 3 effective control to ensure compliance with ICCAT conservation and management measures by the vessels flying their flag, or farming facilities subject to their jurisdiction; and/or ii) The NCPs that have failed to discharge their obligations under international law to co-operate with ICCAT in the conservation and management of tuna and tuna-like species, in particular, by not taking measures or exercising effective control to ensure that their vessels or their farming facilities do not engage in any activity that undermines the effectiveness of ICCAT conservation and management measures. b) These identifications should be based on a review of all information provided in accordance with paragraph 1 or, as appropriate, any other relevant information, such as: the catch data compiled by the Commission; trade information on these species obtained from national statistics; the ICCAT Bluefin Tuna Catch Documentation Programme, the ICCAT Bigeye Tuna and Swordfish Statistical Document Programmes; the list of the IUU vessels adopted by ICCAT, as well as any other relevant information. c) In deciding whether to make identification, the Compliance Committee or the PWG should consider all relevant matters including the history, and the nature, circumstances, extent, and gravity of the act or omission that may have diminished the effectiveness of ICCAT conservation and management measures. 3. The Commission should request CPCs and NCPs concerned to rectify the act or omission identified under paragraph 2 so as not to diminish the effectiveness of the ICCAT conservation and management measures. The Commission should notify identified CPCs and NCPs of the following: a) the reason(s) for the identification with all available supporting evidence; b) the opportunity to respond to the Commission in writing at least 30 days prior to the annual meeting of the Commission with regard to the identification decision and other relevant information, for example, evidence refuting the identification or, where appropriate, a plan of action for improvement and the steps they have taken to rectify the situation; and c) in the case of a NCP, an invitation to participate as an observer at the annual meeting where the issue will be considered. 4. CPCs are encouraged jointly and individually to request the CPC/NCPs concerned to rectify the act or omission identified under paragraph 2 so as not to diminish the effectiveness of the ICCAT conservation and management measures. 5. The Executive Secretary should, by more than one means of communication, within 10 working days following the approval of the report of the Compliance Committee or the PWG, transmit the Commission's request to the identified CPC or NCP. The Executive Secretary should seek to obtain confirmation from the CPC or the NCP that it received the notification. 6. The Compliance Committee or the PWG should evaluate the response of the CPCs or NCPs, together with any new information, and propose to the Commission to decide upon one of the following actions: a) the revocation of the identification; b) the continuation of the identification status of the CPC or NCP; or c) the adoption of non-discriminatory trade restrictive measures. Absence of response from the CPCs/NCPs concerned within the time limit shall not prevent action from the Commission. In the case of CPCs, actions such as the reduction of existing quotas or catch limits should be implemented to the extent possible before consideration is given to the application of trade restrictive measures. Trade measures should be considered only where such actions either have proven unsuccessful or would not be effective. Page 2 of 3 7. If the Commission decides upon the action described in paragraph 6 c), it should recommend to the Contracting Parties pursuant to Article VIII of the Convention to take non-discriminatory trade restrictive measures, consistent with their international obligations. The Commission shall notify the CPCs and NCPs concerned of the decision and the underlying reasons in accordance with the procedures specified in paragraph 5. 8. CPCs shall notify the Commission of any measures that they have taken for the implementation of the non discriminatory trade restrictive measures adopted in accordance with paragraph 7. 9. In order for the Commission to recommend the lifting of trade restrictive measures, the Compliance Committee or the PWG shall review each year all trade restrictive measures adopted in accordance with paragraph 7. Should this review show that the situation has been rectified, the Compliance Committee or PWG shall recommend to the Commission the lifting of the non-discriminatory trade restrictive measures. Such decisions should also take into consideration whether the CPCs and/or NCPs concerned have taken concrete measures capable of achieving lasting improvement of the situation. 10. Where exceptional circumstances so warrant or where available information clearly shows that, despite the lifting of trade-restrictive measures, the CPC or NCP concerned continues to diminish the effectiveness of ICCAT conservation and management measures, the Commission may immediately decide on action including, as appropriate, the imposition of trade-restrictive measures in accordance with paragraph 7. Before making such a decision, the Commission shall request the CPC or NCP concerned to discontinue its wrongful conduct and shall provide the CPC or NCP with a reasonable opportunity to respond. 11. The Commission shall establish annually a list of CPCs and NCPs that have been subject to a trade- restrictive measure pursuant to paragraph 7 and, with respect to NCPs, are considered as non-Cooperating non-Contracting Parties to ICCAT. 12. The Resolution by ICCAT Concerning Trade Measures [Res. 03-15] is repealed and replaced by the present Recommendation. For the purposes of this paragraph, CPCs and NCPs that are under sanction pursuant to Resolution 03-15 are deemed to be sanctioned under the present Recommendation, provided that this will not result in any greater level of sanction than that already imposed. Page 3 of 3 2006 1
ICCAT-REC-2006-14 ICCAT Binding MCS In force Microsoft Word - 06-01 REC RE CHINESE TAIPEI_DEC_13.doc 06-14 GEN RECOMMENDATION BY ICCAT TO PROMOTE COMPLIANCE BY NATIONALS OF CONTRACTING PARTIES, COOPERATING NON-CONTRACTING PARTIES, ENTITIES, OR FISHING ENTITIES WITH ICCAT CONSERVATION AND MANAGEMENT MEASURES CONVINCED that illegal, unreported and unregulated (IUU) fishing compromises the objectives of the Convention, CONCERNED that some flag States do not comply with their obligations regarding jurisdiction and control according to international law in respect of fishing vessels entitled to fly their flag that carry out their activities in the Convention area, and that as a result these vessels are not under the effective control of such flag States, AWARE that the lack of effective control facilitates fishing by these vessels in the Convention area in a manner that undermines the effectiveness of ICCAT conservation and management measures, and can lead to illegal, unreported and unregulated (IUU) catches of fish, CONCERNED that vessels that carry out activities in the Convention area which do not comply with the ICCAT conservation and management measures are benefiting from the support provided by persons subject to the jurisdiction of Contracting Parties, Cooperating non-Contracting Parties, Entities or Fishing Entities (CPCs), including, inter alia, through participation in transhipment, transport and trade of illegally harvested catches or engagement on board or in the management of these vessels, NOTING that the FAO International Plan of Action to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing calls on States to take measures to discourage nationals subject to their jurisdiction from supporting and engaging in any activity that undermines the effectiveness of international conservation and management measures, RECALLING that CPCs should cooperate in taking appropriate action to deter any activities which are not consistent with the objective of the Convention, THE INTERNATIONAL COMMISSION FOR THE CONSERVATION OF ATLANTIC TUNAS (ICCAT) RECOMMENDS THAT: 1. Without prejudice to the primacy of the responsibility of the flag State, the Contracting Parties shall take appropriate measures, subject to and in accordance with their applicable laws and regulations: (i) to investigate allegations and/or reports concerning the engagement of any natural or legal persons subject to their jurisdiction are engaged in the activities described, inter alia, in Recommendation 06-12, paragraph 1, Recommendation by ICCAT to Establish a List of Vessels Presumed to Have Carried Out Illegal, Unreported and Unregulated Fishing Activities in the ICCAT Convention Area. (ii) take appropriate action in response to any verified activities referred to in paragraph 1(i); and (iii) cooperate for the purpose of implementing the measures and actions referred to in paragraph 1(i). To this end, relevant agencies of CPCs should cooperate to implement ICCAT conservation and management measures and CPCs shall seek cooperation by industries within their jurisdiction. 2. To assist with the implementation of this recommendation, CPCs shall submit reports subject to the national laws of confidentiality to the ICCAT Secretariat and the CPCs on the actions and measures taken in accordance with paragraph 1, in a timely fashion. 3. These provisions shall be applicable from 1 July 2008. Contracting Parties may voluntarily decide to implement these provisions prior to this date. Page 1 of 1 2006 1
ICCAT-REC-2006-16 ICCAT Binding MCS In force Microsoft Word - 06-01 REC RE CHINESE TAIPEI_DEC_13.doc 06-16 SDP RECOMMENDATION BY ICCAT ON AN ELECTRONIC STATISTICAL DOCUMENT PILOT PROGRAM RECALLING that ICCAT’s Working Group to Review Statistical Monitoring Programs concluded that improved implementation of the statistical document programs is warranted, RECOGNIZING the developments in electronic information exchange and the benefits of rapid communication with regard to the processing and management of ICCAT’s statistical document programs, and NOTING that electronic systems could improve the ICCAT statistical document programs through expediting cargo handling, increasing the ability to detect fraud and deter IUU shipments, facilitating more efficient exchange of information between exporting and importing parties, and encouraging automated links between national catch reporting and customs processing systems, THE INTERNATIONAL COMMISSION FOR THE CONSERVATION OF ATLANTIC TUNAS (ICCAT) RECOMMENDS THAT: 1. Contracting Parties and Cooperating non-Contracting Parties, Entities and Fishing Entities (CPCs), to the extent they are able, should develop pilot projects to investigate the feasibility of electronic systems to improve the statistical document programs, consistent with their national laws. Pilot projects shall contain all of the information elements of the current paper systems and have the ability to produce paper copies upon request of national authorities from the exporting and importing parties. 2. CPCs implementing a pilot electronic system shall coordinate with importing and exporting partners prior to the proposed effective date of the pilot system to ensure that the electronic system meets the current requirements of the ICCAT statistical document programs, taking into consideration the respective national regulations of the importing and exporting parties and the need for electronic means of authenticating transactions and users of the system. The pilot electronic system should be flexible enough to accommodate any agreed changes to ICCAT’s programs in the future. 3. CPCs implementing a pilot electronic statistical document program shall continue to accept valid paper documents from exporting parties, and issue paper documents to importing parties, for all such parties unable to participate in the pilot program and for all participating parties upon notification of either party. 4. A description of the pilot electronic system and details of its implementation shall be provided to the Secretariat for distribution to all parties. Parties taking part in the pilot program shall report observations on the advantages and problems, if any, to the Commission. Page 1 of 1 2006 1
ICCAT-REC-2007-02 ICCAT Binding Tuna species In force Microsoft Word - REC-07-01_NOV_26.doc 07-02 ALB RECOMMENDATION BY ICCAT ON NORTH ATLANTIC ALBACORE CATCH LIMITS FOR THE PERIOD 2008-2009 NOTING the SCRS advice advocating reductions in current fishing levels to ensure sustainability of the stocks; AWARE that the system of carry-over of 50% of underages has substantially contributed to what the SCRS considered as overfishing; CONCIENTIOUS of the need therefore to respond to the SCRS advice on reduction of fishing levels it is necessary to adjust the system of carry-over of underages in this Multi-annual Plan; RECALLING the importance that all fleets participating in the northern albacore fishery, submit the required data (catch, effort and catch-at-size) on their fisheries for transmission to the SCRS; CONCIENTIOUS of the desirability of obtaining a new scientific advice in the short term; THE INTERNATIONAL COMMISSION FOR THE CONSERVATION OF ATLANTIC TUNAS (ICCAT) RECOMMENDS THAT: 1. The establishment of a Total Allowable Catch (TAC) of 30,200 t for 2008 and 2009. 2. This catch limit shall be allocated among the ICCAT Contracting Parties according to the following table: Party 2008 and 2009 Quota European Community 25,462 t United States 538 t TOTAL 26,000 t 3. With the exception of Venezuela, which is allocated a quota of 250 t, and Japan, Contracting Parties other than those mentioned in paragraph 2 shall limit their catches to 200 t. 4. Japan shall endeavour to limit its total northern albacore catches to a maximum of 4% in weight of its total bigeye tuna longline catch in the Atlantic Ocean. 5. For Chinese Taipei, the catch limit for 2008 and 2009 shall be 3,950 t1. 6. Any unused portion or excess of the annual quota/catch limit may be added to/shall be deducted from, according to the case, the respective quota/catch limit during or before the adjustment year, in the following way: Year of catch Adjustment year 2008 2010 and/or 2011 2009 2011 and/or 2012 However, the maximum underage that a Party may transfer in any given year shall not exceed 25% of its initial catch quota. 7. The 1998 Recommendation by ICCAT Concerning the Limitation of Fishing Capacity on Northern Albacore [Rec. 98-08] remains in force. 8. The SCRS shall conduct an assessment of this stock in 2009. 1 Chinese Taipei will each year transfer 100 t from its catch allocation to St. Vincent and the Grenadines. 1 2007 1
ICCAT-REC-2007-03 ICCAT Binding Tuna species Superseded Microsoft Word - REC-07-01_NOV_26.doc 07-03 ALB RECOMMENDATION BY ICCAT ON THE SOUTHERN ALBACORE CATCH LIMITS FOR 2008, 2009, 2010 AND 2011 NOTING that the current estimated MSY from the base case of the 2007 stock assessment is 29,900 t and that the replacement yield was estimated at 28,800 t which was a less optimistic view to that given in 2003; NOTING FURTHER the conclusions of the 2007 Albacore Assessment Meeting, and of the 2007 SCRS Report, that the southern albacore stock is considered to be overfished with the current best estimate of Bcurrent/ BMSY being 0.91 and the current best estimate of Fcurrent/ FMSY being 0.63; ACKNOWLEDGING that recent total annual catches have been considerably lower than MSY; RECOGNISING the need to implement measures to improve the southern albacore stock to MSY levels, this being the management objective of ICCAT; FURTHER RECOGNISING that additional work is needed before sharing arrangements for southern albacore based on the ICCAT Criteria for the Allocation of Fishing Possibilities [01-25] can be developed and agreed on; THE INTERNATIONAL COMMISSION FOR THE CONSERVATION OF ATLANTIC TUNAS (ICCAT) RECOMMENDS THAT: 1. The annual total catch limit for albacore caught in the Atlantic Ocean South of 5ºN shall be set at 29,900 t for 2008, 2009, 2010 and 2011, this being the current base lower estimate of the MSY of the stock. 2. Notwithstanding the provisions of paragraph 1, should the total reported albacore catches in 2008, as reported to the 2009 ICCAT meeting, exceed 29,900 t, the TAC for 2009 shall be reduced by the full amount of the 2008 catch in excess of 29,900 t. 3. Should the catches exceed 28,800 t (replacement yield) in any given year until 2011, then the conservation measure pertaining to the southern albacore stock should be reviewed in the year that the catches have been reported with the aim to develop proposals for a sharing arrangement based on the ICCAT Criteria for the Allocation of Fishing Possibilities [01-25] adopted in 2001. 4. Contracting Parties, Cooperating non-Contracting Parties, Entities or Fishing Entities not actively fishing for southern albacore and having caught, on average, less than 100 t of southern albacore per year during 1998- 2002 shall be subject to a catch limit of 100 t. 5. Contracting Parties, Cooperating non-Contracting Parties, Entities or Fishing Entities not actively fishing for southern albacore and having caught, on average, more than 100 t of southern albacore during 1992-1996, but excluding Japan, shall be subject to an annual catch limit or 110% of their respective average 1992-1996 catches of albacore in the Atlantic Ocean South of 5ºN. 6. Japan shall endeavour to limits its total catch of southern albacore to 4% by weight of its total longline bigeye tuna catch in the Atlantic Ocean South of 5ºN. 7. No provision shall be made for carry-over of under-harvests made under this sharing arrangement, with the exception of Belize and paragraph 5 countries which are allowed to carry-over a maximum of 150 tons of their underage in 2007 to 2008. Similarly underages in any given year of this conservation measure may be carried over to the following year with carry-overs being non-accumulative. 8. Those Contracting Parties, Cooperating non-Contracting Parties, Entities or Fishing Entities fishing actively for southern albacore shall improve their catch reporting systems to ensure the reporting of accurate and validated southern albacore catch and effort data to ICCAT in full accordance with the ICCAT requirements for provision of Task I and Task II catch, effort and size data. 1 9. All aspects of the southern albacore catch limit and sharing arrangement shall be reviewed and revised at the 2011 ICCAT Commission meeting, taking account of the results of the updated southern albacore stock assessment to be conducted in 2011. This review and revision shall also address any over-harvest made in excess of the 2010 TAC. 10. This Recommendation replaces, in its entirety, the 2004 Recommendation by ICCAT on the Southern Albacore Catch Limit for 2005, 2006 and 2007 [Rec. 04-04]. 2 2007 1
ICCAT-REC-2007-06 ICCAT Binding Non-target species In force Microsoft Word - REC-07-01_NOV_26.doc 07-06 BYC SUPPLEMENTAL RECOMMENDATION BY ICCAT CONCERNING SHARKS RECALLING that the Commission adopted the Resolution by ICCAT on Atlantic Sharks [Res. 01-11] and the Recommendation by ICCAT Concerning the Conservation of Sharks Caught in Association with Fisheries Managed by ICCAT [Rec. 04-10] and the Recommendation by ICCAT to Amend Recommendation 04-10 Concerning the Conservation of Sharks Caught in Association with Fisheries Managed by ICCAT [Rec. 05-05]; FURTHER RECALLING the United Nations Food and Agriculture Organization (FAO) International Plan of Action for Sharks; CONSIDERING that many shark species, including porbeagle, blue and shortfin mako sharks, are captured in ICCAT Convention area fisheries; NOTING that the SCRS has previously stated there is a need for improved data reporting on catch, effort, and discards of sharks and this data has, in many instances, not been forthcoming; NOTING that the 2007 SCRS presentation of the Report of the Shark Working Group Data Preparatory Meeting highlighted the porbeagle shark, among others, as a species of concern; FURTHER NOTING that in 2005 the SCRS recommended reducing fishing mortality for North Atlantic shortfin mako sharks; ACKNOWLEDGING that the SCRS will be conducting stock assessments on shortfin mako and blue sharks in 2008; RECOGNIZING the global interest in shark conservation, specifically the proposal to add porbeagle shark to Appendix II of the Convention on International Trade in Endangered Species of Wild Flora and Fauna (CITES); THE INTERNATIONAL COMMISSION FOR THE CONSERVATION OF ATLANTIC TUNAS (ICCAT) RECOMMENDS THAT: 1. Contracting Parties, Cooperating non-Contracting Parties, Entities and Fishing Entities (hereinafter referred to as CPCs), especially those directing fishing activities for sharks, shall submit Task I and II data for sharks, as required by ICCAT data reporting procedures (including estimates of dead discards and size frequencies) in advance of the next SCRS assessment; 2. Until such time as sustainable levels of harvest can be determined through peer reviewed stock assessments by SCRS or other organizations, CPCs shall take appropriate measures to reduce fishing mortality in fisheries targeting porbeagle (Lamna nasus) and North Atlantic shortfin mako sharks (Isurus oxyrinchus). 3. Notwithstanding paragraph 2, CPCs may conduct scientifically based research that is submitted to SCRS for these species in the Convention area. 4. CPCs shall, where possible, implement research on pelagic shark species caught in the Convention area in order to identify potential nursery areas. Based on this research, CPCs shall consider time and area closures and other measures, as appropriate. 5. The SCRS shall, as soon as possible but no later than 2009, conduct a stock assessment or a thorough review of available stock assessment information of, and recommend management advice for, porbeagle shark (Lamna nasus). 1 2007 1
ICCAT-REC-2007-07 ICCAT Binding Non-target species In force Microsoft Word - REC-07-01_NOV_26.doc 07-07 BYC RECOMMENDATION BY ICCAT ON REDUCING INCIDENTAL BY-CATCH OF SEABIRDS IN LONGLINE FISHERIES RECOGNISING the need to strengthen mechanisms to protect seabirds in the Atlantic Ocean; TAKING INTO ACCOUNT the United Nations Food and Agriculture Organisation (FAO) International Plan of Action for Reducing the Incidental Catch of Seabirds in Longline Fisheries (IPOA-Seabirds), and the IOTC Working Party on By-catch objectives; ACKNOWLEDGING that to date some Contracting Parties and Cooperating non-Contracting Parties, Entities, or Fishing Entities (hereinafter referred to as “CPCs”) have identified the need for, and have either completed or are near finalised, their National Plan of Action on Seabirds; RECOGNISING the concern that some species of seabirds, notably albatross and petrels, are threatened with extinction; NOTING that the Agreement on the Conservation of Albatrosses and Petrels, has entered into force; RECALLING the Resolution by ICCAT on Incidental Mortality of Seabirds [Res. 02-14]; CONSCIOUS that there are on-going scientific studies which may result in the identification of more effective mitigation measures and therefore that these current measures should be considered provisional; THE INTERNATIONAL COMMISSION FOR THE CONSERVATION OF ATLANTIC TUNAS (ICCAT) RECOMMENDS THAT: 1. The Commission shall develop mechanisms to enable CPCs to record data on seabird interactions, including regular reporting to the Commission, and seek agreement to implement such mechanisms as soon as possible thereafter. 2. CPCs shall collect and provide all available information to the Secretariat on interactions with seabirds, including incidental catches by their fishing vessels. 3. CPCs shall seek to achieve reductions in levels of seabird by-catch across all fishing areas, seasons and fisheries, through the use of effective mitigation measures. 4. All vessels fishing south of 20°S shall carry and use bird-scaring lines (tori poles): – Tori poles shall be used in consideration of the suggested tori pole design and deployment guidelines (provided for in Annex 1); – Tori lines are to be deployed prior to longlines entering the water at all times south of 20°S; – Where practical, vessels are encouraged to use a second tori pole and bird-scaring line at times of high bird abundance or activity; – Back-up tori lines shall be carried by all vessels and be ready for immediate use. 5. Longline vessels targeting swordfish using monofilament longline gear may be exempted from the requirements of paragraph 4 of this Recommendation, on condition that these vessels set their longlines during the night, with night being defined as the period between nautical dusk/dawn as referenced in the nautical dusk/dawn almanac for the geographical position fished. In addition, these vessels are required to use a minimum swivel weight of 60g placed not more than 3m from the hook to achieve optimum sink rates. 1 CPCs applying this derogation shall inform the SCRS of their scientific findings resulting from their observer coverage of these vessels. 6. The Commission shall, upon receipt of information from the SCRS, consider, and if necessary, refine, the area of application of the mitigation measures specified in paragraph 4. 7. This measure is a provisional measure which will be subject to review and adjustment in the light of future available scientific advice. 8. The Commission shall consider adopting additional measures for the mitigation of any incidental catch of seabirds at its annual meeting in 2008 based on the results of the ICCAT seabird assessment which is currently underway. 2 Annex 1 Suggested Guidelines for Design and Deployment of Tori Lines Preamble These guidelines are designed to assist in preparation and implementation of tori line regulations for longline vessels. While these guidelines are relatively explicit, improvement in tori line effectiveness through experimentation is encouraged. The guidelines take into account environmental and operational variables such as weather conditions, setting speed and ship size, all of which influence tori line performance and design in protecting baits from birds. Tori line design and use may change to take account of these variables provided that line performance is not compromised. On-going improvement in tori line design is envisaged and consequently review of these guidelines should be undertaken in the future. Tori line design 1. It is recommended that a tori line 150 m in length be used. The diameter of the section of the line in the water may be greater than that of the line above water. This increases drag and hence reduces the need for greater line length and takes account of setting speeds and length of time taken for baits to sink. The section above water should be a strong fine line (e.g. about 3 mm diameter) of a conspicuous colour such as red or orange. 2. The above water section of the line should be sufficiently light that its movement is unpredictable to avoid habituation by birds and sufficiently heavy to avoid deflection of the line by wind. 3. The line is best attached to the vessel with a robust barrel swivel to reduce tangling of the line. 4. The streamers should be made of material that is conspicuous and produces an unpredictable lively action (e.g. strong fine line sheathed in red polyurethane tubing) suspended from a robust three-way swivel (that again reduces tangles) attached to the tori line, and should hang just clear of the water. 5. There should be a maximum of 5-7 m between each streamer. Ideally each streamer should be paired. 6. Each streamer pair should be detachable by means of a clip so that line stowage is more efficient. 7. The number of streamers should be adjusted for the setting speed of the vessel, with more streamers necessary at slower setting speeds. Three pairs are appropriate for a setting speed of 10 knots. Deployment of tori lines 1. The line should be suspended from a pole affixed to the vessel. The tori pole should be set as high as possible so that the line protects bait a good distance astern of the vessel and will not tangle with fishing gear. Greater pole height provides greater bait protection. For example, a height of around 6 m above the water line can give about 100 m of bait protection. 2. The tori line should be set so that streamers pass over baited hooks in the water. 3. Deployment of multiple tori lines is encouraged to provide even greater protection of baits from birds. 4. Because there is the potential for line breakage and tangling, spare tori lines should be carried onboard to replace damaged lines and to ensure fishing operations can continue uninterrupted. 5. When fishers use a bait casting machine (BCM), they must ensure coordination of tori line and machine by: (i) ensuring the BCM throws directly under the tori line protection, and (ii) when using a BCM that allows throwing to port and starboard, ensure that two tori lines are used. 6. Fishers are encouraged to install manual, electric or hydraulic winches to improve ease of deployment and retrieval of tori lines. 3 2007 1
ICCAT-REC-2008-01 ICCAT Binding Tuna species Superseded Microsoft Word - 08-01_REC_AMEND REC. 04-01_DEC_15.doc 08-01 BET RECOMMENDATION BY ICCAT TO AMEND THE RECOMMENDATION BY ICCAT ON A MULTI-YEAR CONSERVATION AND MANAGEMENT PROGRAM FOR BIGEYE TUNA THE INTERNATIONAL COMMISSION FOR THE CONSERVATION OF ATLANTIC TUNAS (ICCAT) RECOMMENDS THAT: 1. The terms of the 2004 Recommendation by ICCAT on a Multi-Year Conservation and Management Program for Bigeye Tuna [Rec. 04-01] are extended through 2009. 2. All underages or overages of the annual catch limit of bigeye tuna may be added/to or shall be deducted from the annual catch limit as follows: Year of catch Adjustment Year 2008 2009 and/or 2010 2009 2010 and/or 2011 3. The 2,000 t transfer of bigeye tuna catch limit from Japan to China, to be applied in 2009 be authorized. 4. The Commission requests the SCRS to evaluate before the Regular meeting of 2009: - the existing port sampling programmes aimed at collecting fishery data for bigeye, yellowfin, and skipjack tuna that are caught by purse seine and baitboat fisheries in the Gulf of Guinea, - the closure contained in the proposal from Ghana and Côte d’Ivoire (Annex 1), and any alternative closure, taking into account the need to reduce the catch of juvenile fish. and make appropriate recommendations to improve the sampling programme and the closure so that they are implemented by 2010. 1 Annex 1 Reference Document Proposal by Ghana and Côte d’Ivoire Draft Supplemental Recommendation by ICCAT to Amend the Multi-Year Conservation and Management Program for Bigeye Tuna CONSIDERING the recent analysis by the Standing Committee on Research and Statistics (SCRS) which concluded that changes to the Gulf of Guinea time and area closure adopted in the 2004 Recommendation by ICCAT on a Multi-Year Conservation and Management Program for Bigeye Tuna [Rec. 04-01] are less effective at protecting small juvenile bigeye (BET) and yellowfin (YFT) tunas (<3.2 kg) than the previous closure specified in the 1999 Recommendation by ICCAT on the Establishment of a Closed Area/Season for the Use of Fish-Aggregating Devices (FADs) [Rec. 99-01]; CONCERNED that small juvenile bigeye tuna represent approximately 70 percent of bigeye catches, in number of fish, with a generally increasing trend (SCRS): NOTING that, in 2005, SCRS identified modifications that would improve the effectiveness of the area/season closure applied to purse seine vessels and baitboats flying a CPC flag; RECALLING the overfished status of Atlantic bigeye tuna and the 2007 and 2008 SCRS recommendations to reduce the total allowable catches of this species; OBSERVING the mixed composition of the surface fisheries occurring in the Gulf of Guinea and SCRS recommendations to reduce fishing mortality of small juvenile yellowfin tuna to increase long-term sustainable yield: RECOGNIZING the contribution that a reduction in the harvest of juvenile tunas in the Gulf of Guinea can contribute to the long-term sustainability of the stocks; INTENDING to implement measures to substantially reduce the expected catch of small juvenile bigeye and yellowfin tunas (<3.2 kg) from recent levels; THE INTERNATIONAL COMMISSION FOR THE CONSERVATION OF ATLANTIC TUNAS (ICCAT) RECOMMENDS THAT: 1. The terms of the 2004 Recommendation by ICCAT on a Multi-Year Conservation and Management Plan for Bigeye Tuna [Rec. 04-01] are extended through December 31, 2010, except as provided for below. 2. Paragraph 8 of the Recommendation by ICCAT on a Multiyear Conservation and Management Program for Bigeye Tuna [Rec. 04-01] is replaced by the following: Purse seine and baitboat vessels flying the flag of CPCs shall be prohibited from fishing around, under, or in association with floating objects, including fish-aggregating devices (FADs), during the time period and in the area specified in paragraph 3(b) of the Draft Supplemental Recommendation to Amend Recommendation 04-01. a) Vessels fishing in the area referenced in paragraph 3(b) of the Draft Supplemental Recommendation to Amend Recommendation 04-01 during the period referenced in paragraph 3(a) of the Draft Supplemental Recommendation to Amend Recommendation 04-01 shall retain and report all catches of Atlantic tunas to the Secretariat. b) CPCs shall establish domestic procedures to identify and sanction vessels flying their flags that do not comply with the area restrictions. CPCs shall report on their implementation of such procedures and compliance with the restrictions referenced in paragraphs 3(a) and 3(b) of the Draft Supplemental Recommendation to Amend Recommendation 04-01 to the Secretariat by August 1, each year. The Executive Secretary shall report to the Commission on compliance with the aforementioned restrictions in paragraphs 3(a) and 3(b) of the Draft Supplemental Recommendation to Amend Recommendation 04-01 during each annual meeting of the Commission. 2 3. Paragraph 9 of the Recommendation 04-01 is replaced by the following: The time period and area referred to in paragraph 8 of Recommendation 04-01 are the following: a) The time period is from 1 November of one year to 31 January of the following year. b) The area is defined as: – Southern limit: parallel 4° South latitude - Northern limit: parallel 5° North latitude - Western limit: meridian 20° West longitude – Eastern limit: the African Coast. c) The Commission requests that the SCRS analyze all relevant data and recommend for consideration by the Commission at the 2010 annual meeting, a more effective restricted area that would reduce the relative proportion of small juvenile bigeye tuna and yellowfin caught, prevent growth overfishing, and increase the long-term sustainable yield. 4. Paragraph 10 of Recommendation 04-01 is replaced by the following: The prohibition in paragraphs 8 and 9 of Recommendation 04-01 includes: – Prohibition on launching any floating objects, with or without buoys; – Prohibition on fishing around, under, or in association with artificial objects, including vessels; – Prohibition on fishing around, under, or in association with natural objects; – Prohibition on towing floating objects outside the area identified in paragraph 2 of Recommendation 04-01. 5. Paragraph 11 of Recommendation 04-01 is replaced by the following: The Commission requests the SCRS to analyze in 2011, the efficacy of the area restrictions in paragraphs 3(a) and 3(b) of the Draft Supplemental Recommendation to Amend Recommendation 04-01 in reducing catches of small juvenile bigeye and yellowfin fishes and the impacts of these area restrictions on these affected fish stocks. 6. Paragraph 15 of Recommendation 04-01 is revised as follows to add a new paragraph: CPCs shall ensure that all purse seine and longline vessels and not less than 50 percent of all baitboats affected by the measure have an observer on board vessels engaged in fishing activities on trips taking place during the period referred to in paragraph 3(b) of the Draft Supplemental Recommendation to Amend Recommendation 04- 01, who shall observe the respect of the measure. The biological data collected on the fleet as a whole by these observers shall be provided to the SCRS for the purpose of carrying out analyses identified in paragraph 4 of Recommendation 04-01. a) Observers shall undertake robust data collection on all aspects of the total catch (including by-catch such as sea turtles, marine mammals, seabirds, etc.), which, at a minimum, includes size, biological samples to determine age, and catch per unit of effort information by species. b) The observers should possess the following skills in order to discharge their duties: – Sufficient experience to identify species and gear – Knowledge of the ICCAT conservation measures – Ability to carry out elementary scientific tasks, e.g., collecting samples, as requested and observe and record accurately, – Knowledge of the language of the flag of the vessel observed. 7. Paragraph 16 of Recommendation 04-01 is replaced by the following: The Commission requests the SCRS to develop by 2010 a port sampling plan aimed at collecting fishery data for bigeye, yellowfin, and skipjack tunas that are caught in the vicinity of the restricted area referred to in paragraphs 3(a) and 3(b) of the Draft Supplemental Recommendation to Amend Recommendation 04-01. Beginning in 2011, the port sampling program shall be implemented in all ports receiving such catches from 3 fishing vessels. Data and information collected from the program shall be reported to the Secretariat each year beginning in 2012, describing, at a minimum, the following by country of landing and quarter: species composition, landings by species, length composition, and weights. Biological samples suitable for determining life history should be collected as practicable. 8. Paragraph 17 is added: The Commission requests the SCRS to conduct an assessment of bigeye tuna in the year 2010 and every four years thereafter. 9. This Recommendation amends Recommendation [04-01]. 4 2008 1
ICCAT-REC-2008-09 ICCAT Binding MCS In force Microsoft Word - 08-01_REC_AMEND REC. 04-01_DEC_15.doc 08-09 GEN RECOMMENDATION BY ICCAT TO ESTABLISH A PROCESS FOR THE REVIEW AND REPORTING OF COMPLIANCE INFORMATION RECOGNIZING the international obligations regarding flag state responsibilities to ensure compliance with management measures and to immediately and fully investigate allegations of non-compliance, ACKNOWLEDGING that effective monitoring and control is required to achieve compliance with agreed upon ICCAT management measures so that the goals of such management measures have a chance of being achievable, ACKNOWLEDGING that the Commission has historically suffered from a lack of information as well as data deficiencies thus resulting in an inability to identify relevant instances of non-compliance with management measures, NOTING that, in a responsible, open, transparent and non-discriminatory manner, the Commission should be made aware of any and all available information that may be relevant to the work of the Commission in identifying and holding accountable instances of non-compliance with management measures, FURTHER NOTING ICCAT’s Guidelines for the Dissemination of Information Submitted by Contracting Parties, Cooperating Non-Contracting Parties, Entities and Fishing Entities, RECOGNIZING that, the Compliance Officer position is authorized and financed by the members of the Commission to assist the Secretariat specifically with the Commission’s ongoing work to strengthen ICCAT; particularly in regards to overseeing, coordinating, and executing actions on compliance matters of relevance to the Commission, THE INTERNATIONAL COMMISSION FOR THE CONSERVATION OF THE ATLANTIC TUNAS (ICCAT) RECOMMENDS THAT: 1. Contracting Parties, Cooperating non-Contracting Parties, Entities or Fishing Entities (CPCs) should submit to the Secretariat documented information that indicates possible non-compliance with ICCAT Conservation and Management Measures at least 120 days before the annual meeting. 2. The Executive Secretary shall transmit this information to the CPCs involved in any reports of non- compliance at least 90 days before the annual meeting. 3. CPCs shall, consistent with domestic laws, provide the Executive Secretary with the findings of any investigation taken in relation to the allegations of non-compliance and any actions taken to address compliance concerns at least 30 days before the annual meeting. If such investigation is ongoing, CPCs shall advise the Executive Secretary of the expected length of the investigation and provide periodic updates in their progress until completed. 4. The Executive Secretary shall circulate to all CPCs, at least two weeks in advance of the annual meeting a summary report of information received, including responses by CPCs, which shall be considered by the Compliance Committee and the PWG, as appropriate in a responsible, open, transparent and non- discriminatory manner. 5. Non-governmental organizations may submit reports on non-compliance with ICCAT conservation and management measures to the Secretariat at least 120 days before the annual meeting for circulation to the CPCs. Organizations submitting reports may request to present such reports to the Compliance Committee and the Permanent Working Group. In adopting the Agendas for meetings of the respective bodies CPCs shall determine if such presentations can be accommodated. 1 2008 1
ICCAT-REC-2008-10 ICCAT Binding MCS In force Microsoft Word - 08-01_REC_AMEND REC. 04-01_DEC_15.doc 08-10 GEN RECOMMENDATION BY ICCAT TO HARMONIZE THE MEASUREMENT OF LENGTH OF THE VESSELS AUTHORIZED TO FISH IN THE AREA OF THE CONVENTION NOTING that several ICCAT recommendations and resolutions refer to the length of the vessels, ALSO NOTING that there exist different definitions of the length of the vessels in ICCAT recommendations and resolutions, WHEREAS it would be advisable to use identical rules for determining the length of the vessels, THE INTERNATIONAL COMMISSION FOR THE CONSERVATION OF THE ATLANTIC TUNAS (ICCAT) RECOMMENDS THAT: The length of a vessel referred in the recommendations and the resolutions adopted by ICCAT corresponds to the length overall, defined as the distance measured in a straight line between the foremost point of the bow and the aftermost point of the stern. 1 2008 1
ICCAT-REC-2008-11 ICCAT Binding MCS In force Microsoft Word - 08-01_REC_AMEND REC. 04-01_DEC_15.doc 08-11 SDP RECOMMENDATION BY ICCAT AMENDING TEN RECOMMENDATIONS AND THREE RESOLUTIONS RECOGNISING that the Recommendation by ICCAT on an ICCAT Bluefin Tuna Catch Documentation Program [Rec. 07-10] replaced the ICCAT Bluefin Tuna Statistical Document Program; NOTING that many previously adopted Recommendations and Resolutions make reference to the Bluefin Tuna Statistical Document and to Statistical Document Programs in general; CONSIDERING that the coverage of bluefin tuna is intended in references to Statistical Document Programs in general; FURTHER NOTING that the measures adopted for the previous bluefin tuna statistical document program pertained to the bigeye tuna and swordfish statistical document programs; THE INTERNATIONAL COMMISSION FOR THE CONSERVATION OF ATLANTIC TUNAS (ICCAT) RECOMMENDS THAT: 1. References to the ‘bluefin tuna statistical document program’ and ‘bluefin tuna statistical documents’ be replaced by ‘bluefin tuna catch document program’ and ‘bluefin tuna catch documents’ in the following provisions: i) Recommendation by ICCAT Concerning Unreported Catches of Bluefin Tuna, Including Catches Classified as Not Elsewhere Included [Rec. 97-03], paragraph 3; ii) Recommendation by ICCAT to Establish a Multi-annual Recovery Plan for Bluefin Tuna in the Eastern Atlantic and Mediterranean [Rec. 06-05], in ANNEX 1, paragraph 11 b); iii) Recommendation by ICCAT on Bluefin Tuna Farming [Rec. 06-07]: paragraphs 2b and 2f, paragraph 4, paragraph 8, paragraph 9f and the Caging Declaration contained in the Annex to the Recommendation; iv) Recommendation by ICCAT Concerning Trade Measures [Rec. 06-13], paragraph 2b. 2. The phrases ‘Statistical Document Programs’ and ‘Statistical Documents’ be replaced respectively by the phrases ‘Statistical or Catch Document Programs’ and ‘Statistical Documents or Catch Documents’ in the following Recommendations and Resolutions: i) Resolution by ICCAT on Compliance with the ICCAT Conservation and Management measures [Res. 94-09], paragraph 5 and paragraph 7; ii) Resolution by ICCAT Concerning a Management Standard for Large-Scale Tuna Longline Fishery [Res. 01-20], Attachment 1, paragraph 2)iii and Attachment 2, Section B; iii) Recommendation by ICCAT Concerning the Establishment of an ICCAT Record of Vessels over 24 meters Authorized to Operate in the Convention area [Rec. 02-22], paragraph 7b; iv) Resolution by ICCAT Concerning the Measures to Prevent the Laundering of Catches by Illegal, Unreported and Unregulated (IUU) Large-Scale Tuna Longline Fishing Vessels [Res. 02-25], paragraph 1 and 2; v) Recommendation by ICCAT to Change the Terms of Reference of the Permanent Working Group for the Improvement of ICCAT Statistics and Conservation Measures (PWG) [Rec. 02-28], paragraph 3 and paragraph 4; vi) Recommendation by ICCAT Establishing a Programme for Transhipment [Rec. 06-11], SECTION 5. GENERAL PROVISIONS, paragraph 17; vii) Recommendation by ICCAT on Additional Measures for Compliance of the ICCAT Conservation and Management Measures [Rec. 06-15], paragraph 1, paragraph 2 and paragraph 3. 1 3. The first sentence of paragraph 2(3) of the Recommendation by ICCAT Concerning the ICCAT Bigeye Tuna Statistical Document Program [Rec. 01-21] and the Recommendation by ICCAT Establishing a Swordfish Statistical Document Program [Rec. 01-22] be replaced, mutatis mutandis, by paragraphs A-D of the Resolution by ICCAT Concerning Validation by a Government Official of the Bluefin Tuna Statistical Document [Res. 93-02]. 4. Paragraph 14 of the Recommendation by ICCAT Concerning the ICCAT Bigeye Tuna Statistical Document Program [Rec. 01-21] and paragraph 13 of the Recommendation by ICCAT Establishing a Swordfish Statistical Document Program [Rec. 01-22] be replaced mutatis mutandis by the Recommendation by ICCAT on Validation of the Bluefin Tuna Statistical Document by the European Community [Rec. 98-12]. 5. Paragraph 2 of the Recommendation by ICCAT Amending the Recommendation by ICCAT to Establish a List of Vessels Presumed to have Carried Out Illegal, Unreported and Unregulated Fishing Activities in the ICCAT Convention Area [Rec. 06-12] be replaced by the following text: “Contracting Parties and Cooperating non-Contracting Parties, Entities or Fishing Entities shall transmit every year to the Executive Secretary at least 120 days before the annual meeting, the list of vessels flying the flag of a non-Contracting Party presumed to be carrying out IUU fishing activities in the Convention area during the current and previous year, accompanied by the supporting evidence concerning the presumption of IUU fishing activity. This list shall be based on the information collected by Contracting Parties and Cooperating non- Contracting Parties, Entities or Fishing Entities, inter alia, under: - 1994 Resolution by ICCAT on Compliance with the ICCAT Conservation and Management Measures [Res. 94-09]; - 1997 Recommendation by ICCAT on Transshipments and Vessel Sightings [Rec. 97-11]; - 1997 Recommendation by ICCAT for a Revised ICCAT Port Inspection Scheme [Rec. 97-10]; - 2002 Recommendation by ICCAT Concerning the Establishment of an ICCAT Record of Vessels over 24 meters Authorized to Operate in the Convention Area [Rec. 02-22]; - 2007 Recommendation by ICCAT ICCAT on an ICCAT Bluefin Tuna Catch Documentation Program [Rec. 07-10]; 2001 Recommendation by ICCAT Concerning the ICCAT Bigeye Tuna Statistical Document Program [Rec. 01-21]; and 2001 Recommendation by ICCAT Establishing a Swordfish Statistical Document Program [Rec. 01-22]; - 2006 Recommendation by ICCAT Concerning Trade Measures [Rec. 06-13].” 2 2008 1
ICCAT-REC-2009-01 ICCAT Binding Tuna species Superseded Microsoft Word - 09-05_MAY 25 2010 09-05 ALB RECOMMENDATION BY ICCAT TO ESTABLISH A REBUILDING PROGRAM ON NORTH ATLANTIC ALBACORE RECALLING the 1998 Recommendation by ICCAT Concerning the Limitation of Fishing Capacity on Northern Albacore [Rec. 98-08] and the Recommendation by ICCAT on North Atlantic Albacore Catch Limits for the Period 2008-2009 [Rec. 07-02]; NOTING that the objective of the Convention is to maintain populations at levels that will support maximum sustainable catch (usually referred to as MSY); CONSIDERING that the 2009 Standing Committee on Research and Statistics (SCRS) stock assessment concluded that the northern albacore stock is overfished and overfishing is occurring, and recommended a level of catch of no more than 28,000 t to meet the Convention management objective by 2020; RECALLING the importance that all fleets participating in the northern albacore fishery submit the required data (catch, effort and catch-at-size) on their fisheries for transmission to the SCRS; THE INTERNATIONAL COMMISSION FOR THE CONSERVATION OF ATLANTIC TUNAS (ICCAT) RECOMMENDS THAT: 1. The establishment of a Total Allowable Catch (TAC) of 28,000 t for 2010 and 2011. 2. This catch limit shall be allocated among the ICCAT Contracting Parties, Cooperating non-Contracting Parties, Entities or Fishing Entities (hereafter referred to as CPCs) according to the following: Party 2010 and 2011 Quota European Community 21,551.3 t Chinese Taipei 3,271.71 t United States 527 t Venezuela 250 t 3. With the exception of Japan, CPCs other than those mentioned in paragraph 2 shall limit their catches to 200 t. 4. Japan shall endeavour to limit its total northern albacore catches to a maximum of 4% in weight of its total bigeye tuna longline catch in the Atlantic Ocean. 5. Any unused portion or excess of a CPC’s annual quota/catch limit may be added to/shall be deducted from, according to the case, the respective quota/catch limit during or before the adjustment year, in the following way: Year of Catch Adjustment Year 2010 2012 and/or 2013 2011 2013 and/or 2014 1 However, the maximum underage that a Party may carry-over in any given year shall not exceed 25% of its initial catch quota. Chinese Taipei will each year transfer 100 t from its quota to St. Vincent and the Grenadines. 1 If, in any year, the combined landings of CPCs exceed the TAC of 28,000 t, the Commission will re-evaluate the northern albacore recommendation at its next Commission meeting and recommend further conservation measures, as appropriate. 6. The 1998 Recommendation by ICCAT Concerning the Limitation of Fishing Capacity on Northern Albacore [Rec. 98-08] remains in force. 7. The SCRS shall monitor the northern albacore stock and provide advice to the Commission on the appropriate management measures to achieve and maintain the Convention objectives. 8. This Recommendation replaces Recommendation by ICCAT on North Atlantic Albacore Catch Limits for the Period 2008-2009 [Rec. 07-02]; 2 2009 1
ICCAT-REC-2009-05 ICCAT Binding Tuna species Superseded Microsoft Word - 09-05_MAY 25 2010 09-05 ALB RECOMMENDATION BY ICCAT TO ESTABLISH A REBUILDING PROGRAM ON NORTH ATLANTIC ALBACORE RECALLING the 1998 Recommendation by ICCAT Concerning the Limitation of Fishing Capacity on Northern Albacore [Rec. 98-08] and the Recommendation by ICCAT on North Atlantic Albacore Catch Limits for the Period 2008-2009 [Rec. 07-02]; NOTING that the objective of the Convention is to maintain populations at levels that will support maximum sustainable catch (usually referred to as MSY); CONSIDERING that the 2009 Standing Committee on Research and Statistics (SCRS) stock assessment concluded that the northern albacore stock is overfished and overfishing is occurring, and recommended a level of catch of no more than 28,000 t to meet the Convention management objective by 2020; RECALLING the importance that all fleets participating in the northern albacore fishery submit the required data (catch, effort and catch-at-size) on their fisheries for transmission to the SCRS; THE INTERNATIONAL COMMISSION FOR THE CONSERVATION OF ATLANTIC TUNAS (ICCAT) RECOMMENDS THAT: 1. The establishment of a Total Allowable Catch (TAC) of 28,000 t for 2010 and 2011. 2. This catch limit shall be allocated among the ICCAT Contracting Parties, Cooperating non-Contracting Parties, Entities or Fishing Entities (hereafter referred to as CPCs) according to the following: Party 2010 and 2011 Quota European Community 21,551.3 t Chinese Taipei 3,271.71 t United States 527 t Venezuela 250 t 3. With the exception of Japan, CPCs other than those mentioned in paragraph 2 shall limit their catches to 200 t. 4. Japan shall endeavour to limit its total northern albacore catches to a maximum of 4% in weight of its total bigeye tuna longline catch in the Atlantic Ocean. 5. Any unused portion or excess of a CPC’s annual quota/catch limit may be added to/shall be deducted from, according to the case, the respective quota/catch limit during or before the adjustment year, in the following way: Year of Catch Adjustment Year 2010 2012 and/or 2013 2011 2013 and/or 2014 1 However, the maximum underage that a Party may carry-over in any given year shall not exceed 25% of its initial catch quota. Chinese Taipei will each year transfer 100 t from its quota to St. Vincent and the Grenadines. 1 If, in any year, the combined landings of CPCs exceed the TAC of 28,000 t, the Commission will re-evaluate the northern albacore recommendation at its next Commission meeting and recommend further conservation measures, as appropriate. 6. The 1998 Recommendation by ICCAT Concerning the Limitation of Fishing Capacity on Northern Albacore [Rec. 98-08] remains in force. 7. The SCRS shall monitor the northern albacore stock and provide advice to the Commission on the appropriate management measures to achieve and maintain the Convention objectives. 8. This Recommendation replaces Recommendation by ICCAT on North Atlantic Albacore Catch Limits for the Period 2008-2009 [Rec. 07-02]; 2 2009 1
ICCAT-REC-2009-07 ICCAT Binding Non-target species In force Microsoft Word - 09-07_MAY 25 2010 09-07 BYC RECOMMENDATION BY ICCAT ON THE CONSERVATION OF THRESHER SHARKS CAUGHT IN ASSOCIATION WITH FISHERIES IN THE ICCAT CONVENTION AREA RECALLING that the Commission adopted the Resolution by ICCAT on Atlantic Sharks [Res. 01-11], the Recommendation by ICCAT Concerning the Conservation of Sharks Caught in Association with Fisheries Managed by ICCAT [Rec. 04-10], the Recommendation by ICCAT to Amend the Recommendation 04-10 on the Conservation of Sharks Caught in Association with the Fisheries Managed by ICCAT [Rec. 05-05], the Supplemental Recommendation by ICCAT Concerning Sharks [Rec. 07-06] and the Recommendation by ICCAT on the Conservation of Bigeye Thresher Sharks (Alopias superciliosus) Caught in Association with Fisheries Managed by ICCAT [Rec. 08-07], CONSIDERING that thresher sharks of the family Alopiidae are caught as by-catch in the ICCAT Convention area, NOTING that at its 2009 Meeting the Standing Committee on Research and Statistics (SCRS) recommended that the Commission prohibit retention and landings of bigeye thresher shark (Alopias superciliosus), RECALLING the need to annually report Task I and Task II for catches of sharks in conformity with the Recommendation by ICCAT Concerning the Conservation of Sharks Caught in Association with Fisheries Managed by ICCAT [Rec. 04-10], THE INTERNATIONAL COMMISSION FOR THE CONSERVATION OF ATLANTIC TUNA (ICCAT) RECOMMENDS THAT: 1. Contracting Parties, and Cooperating non-Contracting Parties, Entities or Fishing Entities (hereafter referred to as CPCs) shall prohibit, retaining onboard, transshipping, landing, storing, selling, or offering for sale any part or whole carcass of bigeye thresher sharks (Alopias superciliosus) in any fishery with exception of a Mexican small-scale coastal fishery with a catch of less than 110 fish. 2. CPCs shall require vessels flying their flag to promptly release unharmed, to the extent practicable, bigeye thresher sharks when brought along side for taking on board the vessel. 3. CPCs should strongly endeavor to ensure that vessels flying their flag do not undertake a directed fishery for species of thresher sharks of the genus Alopias spp. 4. CPCs shall require the collection and submission of Task I and Task II data for Alopias spp other than A. superciliosus in accordance with ICCAT data reporting requirements. The number of discards and releases of A. superciliosus must be recorded with indication of status (dead or alive) and reported to ICCAT in accordance with ICCAT data reporting requirements. 5. CPCs shall, where possible, implement research on thresher sharks of the species Alopias spp in the Convention area in order to identify potential nursery areas. Based on this research, CPCs shall consider time and area closures and other measures, as appropriate. 6. Recommendation by ICCAT on the Conservation of Bigeye Thresher Sharks (Alopias superciliosus) Caught in Association with Fisheries Managed by ICCAT [Rec. 08-07] is superseded by this Recommendation. 1 2009 1
ICCAT-REC-2009-08 ICCAT Binding MCS Superseded Microsoft Word - 09-08_MAY 25 2010 09-08 GEN RECOMMENDATION BY ICCAT CONCERNING THE ESTABLISHMENT OF AN ICCAT RECORD OF VESSELS 20 METERS IN LENGTH OVERALL OR GREATER AUTHORIZED TO OPERATE IN THE CONVENTION AREA RECALLING that ICCAT adopted at its 2000 meeting a Recommendation by ICCAT Concerning Registration and Exchange of Information of Fishing Vessels Fishing for Tuna and Tuna-like Species in the Convention Area, FURTHER RECALLING that ICCAT adopted at its 1994 meeting a Resolution by ICCAT Regarding the Agreement to Promote Compliance with International Conservation and Management Measures by Fishing Vessels on the High Seas, FURTHER RECALLING that the Commission has been taking various measures to prevent, deter and eliminate the illegal, unreported and unregulated (IUU) fisheries conducted by large-scale tuna fishing vessels, NOTING that large-scale fishing vessels are highly mobile and easily change fishing grounds from one ocean to another, and have high potential of operating in the Convention area without timely registration with the Commission, RECALLING that the FAO Council adopted on June 23, 2001 an International Plan of Action (IPOA) aiming to prevent, to deter and to eliminate illegal, unreported and unregulated fishing, that this plan stipulates that the regional fisheries management organization should take action to strengthen and develop innovative ways, in conformity with international law, to prevent, deter and eliminate IUU fishing and in particular to establish records of vessels authorized and records of vessels engaged in IUU fishing, CONSIDERING the information Contracting Parties or Cooperating non-Contracting Parties, Entities or Fishing Entities (hereinafter referred to as CPCs), have provided in 2005 on the number and type of vessels between 15 and 24 meters, RECOGNIZING that an increasing number of vessels just below 24 meters length overall are being constructed and are operating in the ICCAT Convention area, CONCERNED that effort and catch by vessels below 24 meters warrants an increased level of monitoring and control. THE INTERNATIONAL COMMISSION FOR THE CONSERVATION OF THE ATLANTIC TUNA (ICCAT) RECOMMENDS THAT: 1. The Commission shall establish and maintain an ICCAT record of fishing vessels 20 meters in length overall or greater (hereinafter referred to as “large scale fishing vessels” or “LSFVs”) authorized to fish for tuna and tuna-like species in the Convention Area. For the purpose of this recommendation, LSFVs not entered into the record are deemed not to be authorized to fish for, retain on board, transship or land tuna and tuna-like species. 2. Each CPC shall submit, to the ICCAT Executive Secretary, the list of its LSFVs that are authorized to operate in the Convention area. Where possible, this shall be submitted electronically. This list shall include the following information: - Name of vessel, register number - Previous name (if any) - Previous flag (if any) - Previous details of deletion from other registries (if any) - International radio call sign (if any) - Type of vessels, length, gross registered tonnage (GRT), and, where possible, Gross Tonnage (GT) - Name and address of owner(s) and operator(s) - Gear used - Time period authorized for fishing and/or transshipping 1 The initial ICCAT record shall consist of all the lists submitted under this paragraph. 3. Each CPC shall promptly notify, after the establishment of the initial ICCAT record, the ICCAT Executive Secretary of any addition to, any deletion from and/or any modification of the ICCAT record at any time such changes occur. 4. The ICCAT Executive Secretary shall maintain the ICCAT record, and take any measure to ensure publicity of the record and through electronic means, including placing it on the ICCAT website, in a manner consistent with confidentiality requirements noted by CPCs. 5. The flag CPCs of the vessels on the record shall: a) Authorize their LSFVs to operate in the Convention area only if they are able to fulfill in respect of these vessels the requirements and responsibilities under the Convention and its conservation and management measures; b) Take necessary measures to ensure that their LSFVs comply with all the relevant ICCAT conservation and management measures; c) Take necessary measures to ensure that their LSFVs on the ICCAT record keep on board valid certificates of vessel registration and valid authorization to fish and/or transship; d) Ensure that their LSFVs on the ICCAT record have no history of IUU fishing activities or that, if those vessels have such history, the new owners have provided sufficient evidence demonstrating that the previous owners and operators have no legal, beneficial or financial interest in, or control over those vessels, or that having taken into account all relevant facts, their LSFVs are not engaged in or associated with IUU fishing; e) Ensure, to the extent possible under domestic law, that the owners and operators of their LSFVs on the ICCAT record are not engaged in or associated with tuna fishing activities conducted by LSFVs not entered into the ICCAT record in the Convention area; and f) Take necessary measures to ensure, to the extent possible under domestic law, that the owners of the LSFVs on the ICCAT record are citizens or legal entities within the flag CPCs so that any control or punitive actions can be effectively taken against them. 6. CPCs shall review their own internal actions and measures taken pursuant to paragraph 5, including punitive and sanction actions and in a manner consistent with domestic law as regards disclosure, report the results of the review to the Commission at its 2003 meeting and annually thereafter. In consideration of the results of such review, the Commission shall, if appropriate, request the flag CPCs of LSFVs on the ICCAT record to take further action to enhance compliance by those vessels to ICCAT conservation and management measures. 7. a) CPCs shall take measures, under their applicable legislation, to prohibit the fishing for, the retaining on board, the transshipment and landing of tuna and tuna-like species by the LSTVs which are not entered into the ICCAT record. b) To ensure the effectiveness of the ICCAT conservation and management measures pertaining to species covered by Statistical Document Programs: i) Flag CPCs or, if the vessel is under a charter arrangement, the exporting CPC shall validate statistical documents only for the LSFVs on the ICCAT record, ii) CPCs shall require that the species covered by Statistical Document Programs caught by LSFVs in the Convention area, when imported into the territory of a Contracting Party be accompanied by statistical documents validated for the vessels on the ICCAT record and, iii) CPCs importing species covered by Statistical Document Programs and the flag States of vessels shall cooperate to ensure that statistical documents are not forged or do not contain misinformation. 8. Each CPC shall notify the ICCAT Executive Secretary of any factual information showing that there are reasonable grounds for suspecting LSTVs not on the ICCAT record to be engaged in fishing for and/or transshipment of tuna and tuna-like species in the Convention area. 2 9. a) If a vessel mentioned in paragraph 8 is flying the flag of a CPC, the Executive Secretary shall request that CPC to take measures necessary to prevent the vessel from fishing for tuna and tuna-like species in the Convention area. b) If the flag of a vessel mentioned in paragraph 8 cannot be determined or is of a non-Contracting Party without cooperating status, the Executive Secretary shall compile such information for future consideration by the Commission. 10. The Commission and the CPCs concerned shall communicate with each other, and make the best effort with FAO and other relevant regional fishery management bodies to develop and implement appropriate measures, where feasible, including the establishment of records of a similar nature in a timely manner so as to avoid adverse effects upon tuna resources in other oceans. Such adverse effects might consist of excessive fishing pressure resulting from a shift of the IUU LSFVs from the Atlantic to other oceans. 11. The 2000 Recommendation by ICCAT Concerning Registration and Exchange of Information of fishing Vessels Fishing for Tuna and Tuna-like Species in the Convention Area [Rec. 00-17] is hereby repealed. 12. The Recommendation by ICCAT Concerning the Establishment of an ICCAT Record of Vessels over 24 Meters Authorized to Operate in the Convention Area [Rec. 02-22] is replaced by this recommendation. 3 2009 1
ICCAT-REC-2009-09 ICCAT Binding MCS In force Microsoft Word - 09-09_MAY 25 2010 09-09 GEN RECOMMENDATION BY ICCAT AMENDING THREE RECOMMENDATIONS IN CONFORMITY WITH THE 2009 RECOMMENDATION BY ICCAT CONCERNING THE ESTABLISHMENT OF AN ICCAT RECORD OF VESSELS 20 METERS IN LENGTH OVERALL OR GREATER AUTHORIZED TO OPERATE IN THE CONVENTION AREA RECOGNISING that the 2009 Recommendation by ICCAT Concerning the Establishment of an ICCAT Record of Vessels 20 Meters in Length Overall or Greater Authorized to Operate in the Convention Area [Rec. 09-08] replaces the 2002 Recommendation by ICCAT Concerning the Establishment of an ICCAT Record of Vessels Over 24 Meters Authorized to Operate in the Convention Area [Rec. 02-22]; NOTING three previously adopted Recommendations that make reference to Recommendation 02-22, in some cases adopting the conditions and procedures established in that Recommendation mutatis mutandis, THE INTERNATIONAL COMMISSION FOR THE CONSERVATION OF ATLANTIC TUNAS (ICCAT) RECOMMENDS THAT: 1. References to the 2002 “Recommendation by ICCAT Concerning the Establishment of an ICCAT Record of Vessels Over 24 Meters Authorized to Operate in the Convention Area [Rec. 02-22]” be replaced by “Recommendation by ICCAT Concerning the Establishment of an ICCAT Record of Vessels 20 Meters in Length Overall or Greater Authorized to Operate in the Convention Area” in the following provisions: i) Recommendation by ICCAT Concerning the Amendment of the Forms of the ICCAT Bluefin/Bigeye/Swordfish Statistical Documents [Rec. 03-19], in the first paragraph of the preamble; ii) Recommendation Amending the Recommendation by ICCAT to Establish a Multi-annual Recovery Plan for Bluefin Tuna in the Eastern Atlantic and Mediterranean [Rec. 08-05], in paragraph 56 and 58. iii) Recommendation by ICCAT Amending Ten Recommendations and Three Resolutions [Rec. 08-11] in Paragraph 2 (iii) and Paragraph 5. 2. References to “Recommendation [02-22]” be replaced by “Recommendation [09-08]” in the second paragraph of the preamble of the Recommendation by ICCAT Concerning the Amendment of the Forms of the ICCAT Bluefin/Bigeye/Swordfish Statistical Documents [Rec. 03-19]. 1 2009 1
ICCAT-REC-2009-10 ICCAT Binding MCS Superseded Microsoft Word - 09-10_MAY 25 2010 09-10 GEN RECOMMENDATION BY ICCAT FURTHER AMENDING THE RECOMMENDATION BY ICCAT TO ESTABLISH A LIST OF VESSELS PRESUMED TO HAVE CARRIED OUT ILLEGAL, UNREPORTED AND UNREGULATED FISHING ACTIVITIES IN THE ICCAT CONVENTION AREA RECALLING that the FAO Council adopted on 23 June 2001 an International Plan of Action to prevent, to deter and eliminate illegal, unreported and unregulated fishing (IPOA-IUU). This plan stipulates that the identification of the vessels carrying out Illegal Unregulated and Unreported (IUU) activities should follow agreed procedures and be applied in an equitable, transparent and non-discriminatory way. RECALLING that ICCAT has already adopted measures against IUU fishing activities and, in particular, against large-scale tuna longline vessels, CONCERNED by the fact that IUU fishing activities in the ICCAT area continue, and these activities diminish the effectiveness of ICCAT conservation and management measures, FURTHER CONCERNED that there is evidence of a large number of vessel owners engaged in such fishing activities which have re-flagged their vessels to avoid compliance with ICCAT management and conservation measures, and to evade the ICCAT-adopted non discriminatory trade measures, DETERMINED to address the challenge of an increase in IUU fishing activities by way of counter-measures to be applied in respect to the vessels, without prejudice to further measures adopted in respect of flag States under the relevant ICCAT instruments. CONSIDERING the results of the ICCAT Ad Hoc Working Group on Measures to Combat IUU Fishing, which was held in Tokyo from May 27 to 31, 2002, CONSCIOUS of the urgent need to address the issue of large-scale fishing vessels as well as other vessels conducting IUU fishing and fishing related activities in support of IUU fishing, NOTING that the situation must be addressed in the light of all relevant international fisheries instruments and in accordance with the relevant rights and obligations established in the World Trade Organization (WTO) Agreement. THE INTERNATIONAL COMMISSION FOR THE CONSERVATION OF THE ATLANTIC TUNAS (ICCAT) RECOMMENDS THAT: Definition of IUU Activities 1. For the purposes of this recommendation, the fishing vessels flying the flag of a non-Contracting Party, or a Cooperating non-Contracting Party, Entity or Fishing Entity, or a Contracting Party are presumed to have carried out illegal, unreported and unregulated fishing activities in the ICCAT Convention area, inter alia, when a Contracting Party or a Cooperating non-Contracting Party, Entity or Fishing Entity (hereafter referred to as CPC) presents evidence that such vessels: a) Harvest tunas and tuna-like species in the Convention area and are not registered on the ICCAT list of vessels authorized to fish for tuna and tuna-like species in the ICCAT Convention area; b) Harvest tuna and tuna-like species in the Convention area, whose flag State is without quotas, catch limit or effort allocation under relevant ICCAT conservation and management measures; c) Do not record or report their catches made in the ICCAT Convention area, or make false reports; d) Take or land undersized fish in contravention of ICCAT conservation measures; e) Fish during closed fishing periods or in closed areas in contravention of ICCAT conservation measures; f) Use prohibited fishing gear in contravention of ICCAT conservation measures; 1 g) Transship with, or participate in joint operations such as re-supply or re-fuelling vessels included in the IUU vessels list; h) Harvest tuna or tuna-like species in the waters under the national jurisdiction of the coastal States in the Convention area without authorization and/or infringes its laws and regulations, without prejudice to the sovereign rights of coastal States to take measures against such vessels, i) Are without nationality and harvest tunas or tuna-like species in the ICCAT Convention area, and/or j) Engage in fishing activities contrary to any other ICCAT conservation and management measures. Information on alleged IUU activities 2. CPCs shall transmit every year to the Executive Secretary at least 120 days before the annual meeting, the list of vessels flying the flag of a non-Contracting Party presumed to be carrying out IUU fishing activities in the Convention Area during the current and previous year, accompanied by the supporting evidence concerning the presumption of IUU fishing activity. This list shall be based on the information collected by CPCs, inter alia, under relevant ICCAT recommendations and resolutions. Draft IUU List 3. On the basis of the information received pursuant to paragraph 2, the ICCAT Executive Secretary shall draw up a Draft IUU List. This list shall be drawn up in conformity with Annex 1. The Secretary shall transmit it together with the current IUU List as well as all the evidence provided to CPCs, and to non-Contracting Parties whose vessels are included on these lists before at least 90 days before the annual meeting. CPCs and non-Contracting Parties, shall transmit their comments, as appropriate, including evidence showing that the listed vessels have neither fished in contravention to ICCAT conservation and management measures nor had the possibility of fishing tuna and tuna-like species in the Convention area, at least 30 days before the annual meeting of ICCAT. The Commission shall request the flag State to notify the owner of the vessels of its inclusion in the Draft IUU List and of the consequences that may result from their inclusion being confirmed in the IUU list adopted by the Commission. Upon receipt of the Draft IUU List, CPCs shall closely monitor these vessels included in the Draft IUU List in order to determine their activities and possible changes of name, flag and/or registered owner. Provisional IUU List 4. On the basis of the information received pursuant to paragraph 3, the Executive Secretary shall draw up a Provisional List which he will transmit two weeks in advance to the Commission meeting to the CPCs and to the non-Contracting Parties concerned, together with all the evidence provided. This list shall be drawn up in conformity with Annex 1. 5. CPCs may at any time submit to the ICCAT Executive Secretary any additional information, which might be relevant for the establishment of the IUU list. The ICCAT Executive Secretary shall circulate the information, at latest before the annual meeting, to the CPCs and to the non-Contracting Parties concerned, together with all the evidence provided. 6. The Permanent Working Group for the Improvement of ICCAT Statistics and Conservation Measures (PWG) shall examine, each year, the Provisional List, as well as the information referred to in paragraphs 3 and 5. The results of this examination may, if necessary, be referred to the Conservation and Management Measures Compliance Committee. The PWG shall remove a vessel from the Provisional List if the flag State demonstrates that: - The vessel did not take part in any IUU fishing activities described in paragraph 1, or - Effective action has been taken in response to the IUU fishing activities in question, including, inter alia, prosecution and imposition of sanctions of adequate severity. 2 7. Following the examination referred to in paragraph 6, at each ICCAT annual meeting, the PWG shall: i) Adopt a Provisional IUU Vessel List following consideration of the Draft IUU List and information and evidence circulated under paragraphs 3 and 5. The Provisional IUU Vessel List shall be submitted to the Commission for approval. ii) Recommend to the Commission which, if any, vessels should be removed from the IUU Vessel List adopted at the previous ICCAT annual meeting, following consideration of that List, of the information and evidence circulated under paragraph 5 and the information received in accordance with paragraph 14. IUU List 8. On adoption of the list, the Commission shall request non-Contracting Parties, whose vessels appear on the IUU List: - To notify the owner of the vessel identified on the IUU Vessels List of its inclusion on the list and the consequences which result from being included on the list, as referred to in paragraph 9. - To take all the necessary measures to eliminate these IUU fishing activities, including if necessary, the withdrawal of the registration or of the fishing licenses of these vessels, and to inform the Commission of the measures taken in this respect. 9. CPCs shall take all necessary measures, under their applicable legislation: - So that the fishing vessels, support vessels, refueling vessels, the mother-ships and the cargo vessels flying their flag do not assist in any way, engage in fishing processing operations or participate in any transhipment or joint fishing operations with vessels included on the IUU Vessels List; - So that IUU vessels are not authorized to land, tranship re-fuel, re-supply, or engage in other commercial transactions; - To prohibit the entry into their ports of vessels included on the IUU list, except in case of force majeure; - To prohibit the chartering of a vessel included on the IUU vessels list; - To refuse to grant their flag to vessels included in the IUU list, except if the vessel has changed owner and the new owner has provided sufficient evidence demonstrating the previous owner or operator has no further legal, beneficial or financial interest in, or control of, the vessel, or having taken into account all relevant facts, the flag CPC determines that granting the vessel its flag will not result in IUU fishing; - To prohibit the imports, or landing and/or transhipment, of tuna and tuna-like species from vessels included in the IUU list; - To encourage the importers, transporters and other sectors concerned, to refrain from transaction and transhipment of tuna and tuna-like species caught by vessels included in the IUU list; - To collect and exchange with other CPCs any appropriate information with the aim of searching for, controlling and preventing false import/export certificates regarding tunas and tuna-like species from vessels included in the IUU list. 10. The ICCAT Executive Secretary will take any necessary measure to ensure publicity of the IUU vessels list adopted by ICCAT pursuant to paragraph 7, in a manner consistent with any applicable confidentiality requirements, and through electronic means, by placing it on the ICCAT web site. Furthermore, the ICCAT Executive Secretary will transmit the IUU Vessels List to other regional fisheries organizations for the purposes of enhanced co-operation between ICCAT and these organizations in order to prevent, deter and eliminate illegal, unreported and unregulated fishing. 11. Upon receipt of the final IUU vessel list established by another regional fisheries management organization (RFMO) managing tuna or tuna-like species and supporting information considered by that RFMO, and any other information regarding the listing determination, the Executive Secretary shall circulate this information to the CPCs. Vessels that have been included on or deleted from the respective lists shall be included on or deleted from the ICCAT IUU Vessel List as appropriate, unless any Contracting Party 3 objects to the inclusion on the final ICCAT IUU list within 30 days of the date of transmittal by the Executive Secretary on the grounds that: i) there is satisfactory information to establish that: a) The vessel did not engage in the IUU fishing activities identified by the other RFMO, or b) That effective action has been taken in response to the IUU fishing activities in question, including, inter alia, prosecution, and imposition of sanctions of adequate severity, or ii) There is insufficient supporting information and other information regarding the listing determination to establish that none of the conditions in sub-paragraph i) above have been met. In the event of an objection to a vessel listed by another RFMO managing tuna or tuna-like species being included on the final ICCAT IUU Vessel List pursuant to this paragraph, such vessel shall be placed on the Draft IUU Vessel List and considered by the PWG pursuant to paragraph 6. 12. This recommendation shall apply to fishing vessels 20 meters or greater in length overall and, mutatis mutandis, fish processing vessels, tug and towing vessels, vessels engaged in transshipment, and support vessels. The Commission shall, at its annual meeting in 2011, review and, as appropriate, revise this recommendation with a view to its extension to other types of IUU fishing activities. 13. Without prejudice to the rights of flag States and coastal States to take proper action consistent with international law, CPCs shall not take any unilateral trade measures or other sanctions against vessels provisionally included in the Draft IUU List, pursuant to paragraph 4, or which have been already removed from the list, pursuant to paragraph 6, on the grounds that such vessels are involved in IUU fishing activities. Deletion from the IUU vessels list 14. A non-Contracting Party whose vessel appears on the IUU List may request the removal of this vessel from the list during the inter-sessional period by providing the following information: - It has adopted measures so that this vessel conforms with ICCAT conservation measures, - It is and will continue to assume effectively its responsibilities with respect to this vessel in particular as regards the monitoring and control of the fishing activities executed by this vessel in the ICCAT Convention area, - It has taken effective action in response to the IUU fishing activities in question including prosecution and imposition of sanctions of adequate severity; and/or - The vessel has changed ownership and that the new owner can establish the previous owner no longer has any legal, financial or real interests in the vessel or exercises control over it and that the new owner has not participated in IUU fishing. Inter-sessional modification of the IUU Vessels List 15. The non-Contracting Party shall send its request for the removal of a vessel from the IUU Vessels List to the ICCAT Executive Secretary accompanied by the supporting information referred to in paragraph 14. 16. On the basis of the information received in accordance with paragraph 14, the ICCAT Executive Secretary will transmit the removal request, with all the supporting information to the Contracting Parties within 15 days following the notification of the removal request. 17. The Contracting Parties will examine the request to remove the vessel and arrive at a conclusion on either the removal from, or the maintenance of the vessel on the IUU Vessels List by mail within 30 days following the notification by the Executive Secretary. The result of the examination of the request by mail 4 will be checked by the Executive Secretary at the end of the 30-day period following the date of the notification by the Executive Secretary referred to in paragraph 16. 18. The Executive Secretary will communicate the result of examination to all Contracting Parties. 19. If the result of the exercise indicates that there is a majority of the Contracting Parties in favor of removal of the vessel from the IUU List, the Chairperson of ICCAT, on behalf of ICCAT, will communicate the result to all the Contracting Parties and to the non-Contracting Party which requested the removal of its vessel from the IUU list. In the absence of a majority, the vessel will be maintained on the IUU List and the Executive Secretary will inform the non-Contracting Party accordingly. 20. The ICCAT Executive Secretary will take the necessary measures to remove the vessel concerned from the ICCAT IUU Vessels List, as published on the ICCAT web site. Moreover, the ICCAT Executive Secretary will forward the decision of removal of the vessel to other regional fishery organizations. General dispositions 21. This recommendation replaces the Recommendation by ICCAT Amending the Recommendation by ICCAT to Establish a List of Vessels Presumed to Have Carried Out Illegal, Unreported and Unregulated Fishing Activities in the ICCAT Convention Area [Rec. 06-12] and the Recommendation by ICCAT Amending ICCAT’s List of Fishing Vessels Presumed to be Engaged in Illegal, Unreported and Unregulated Fishing Activities in the ICCAT Convention Area and Other Areas [Rec. 07-09]. 22. This Recommendation shall apply mutatis mutandis to vessels referred to in paragraph 12 flying the flag of CPCs. Annex 1 Information to be included in all IUU Lists (Draft, Provisional and Final) The Draft IUU List, as well as the Provisional IUU List shall contain the following details, where available: i) Name of vessel and previous names; ii) Flag of vessel and previous flag; iii) Name and address of owner of vessel and previous owners, including beneficial owners, and owner’s place of registration; iv) Operator of vessel and previous operators; v) Call sign of vessel and previous call sign; vi) Lloyds/IMO number; vii) Photographs of the vessel; viii) Date vessel was first included on the IUU List; ix) Summary of activities which justify inclusion of the vessel on the List, together with references to all relevant documents informing of and evidencing those activities 5 2009 1
ICCAT-REC-2010-01 ICCAT Binding MCS Superseded Microsoft Word - REC. 10-01_DEC 14 10-01 BET RECOMMENDATION BY ICCAT TO AMEND THE RECOMMENDATION BY ICCAT ON A MULTI-YEAR CONSERVATION AND MANAGEMENT PROGRAM FOR BIGEYE TUNA THE INTERNATIONAL COMMISSION FOR THE CONSERVATION OF ATLANTIC TUNAS (ICCAT) RECOMMENDS THAT: 1. The terms of the 2004 Recommendation by ICCAT on a Multi-Year Conservation and Management Program for Bigeye Tuna [Rec. 04-01] shall be extended through 2011 except for: - The Total Allowable Catch (TAC) for 2011 is 85,000 t. - The following catch limits shall be applied for 2011: CPC Catch limit 2011 China 5,572 European Union 22,667 Ghana 4,722 Japan 23,611 Panama 3,306 Philippines 1,983 Korea 1,983 Chinese Taipei 15,583 - For developing coastal CPCs not shown in the above table, if the catch exceeds 3,500 t, in 2011, an appropriate catch limit shall be established for that CPC for the following years. - Notwithstanding the Recommendation by ICCAT on a Multi-year Conservation and Management Program for Bigeye Tuna [Rec. 04-01], the Recommendation by ICCAT Regarding Chinese Taipei [Rec. 06-01] and the Recommendation by ICCAT to Amend the Recommendation by ICCAT on a Multi-year Conservation and Management Program for Bigeye Tuna [Rec. 09-01], Chinese Taipei may allow 75 longline vessels, Philippines 10 vessels and Korea 16 vessels to fish for bigeye tuna in the Convention area in 2011. 2. All underages or overages of the annual catch limit of bigeye tuna in 2011 may be added to or shall be deducted from the annual catch limit in 2012 and/or 2013. 3. The 3000 t transfer of bigeye tuna catch limit from Japan to China in 2011 and the 800 t transfer of bigeye tuna catch limit from Japan to Korea in 2011 shall be authorized. 1 2010 1
ICCAT-REC-2010-06 ICCAT Binding Non-target species In force Microsoft Word - REC. 10-06_DEC 14 10-06 BYC RECOMMENDATION BY ICCAT ON ATLANTIC SHORTFIN MAKO SHARKS CAUGHT IN ASSOCIATION WITH ICCAT FISHERIES CONSIDERING that Atlantic shortfin mako sharks (Isurus oxyrinchus) are caught in association with fisheries managed by ICCAT; TAKING INTO ACCOUNT that the 2008 ICCAT Standing Committee on Research and Statistics (SCRS) stock assessment indicated North Atlantic shortfin mako stock was depleted to about 50 percent of biomass estimated for the 1950s, and some model outcomes indicated that the stock biomass was near or below the level that would support MSY and current harvest levels are above FMSY; RECALLING Recommendation by ICCAT Concerning the Conservation of Sharks Caught in Association with Fisheries Managed by ICCAT [Rec. 04-10], Recommendation by ICCAT to Amend Recommendation [Rec. 04-10] Concerning the Conservation of Sharks Caught in Association with Fisheries Managed by ICCAT [Rec. 05-05], and the Supplemental Recommendation by ICCAT Concerning Sharks [Rec. 07-06], including the obligation of CPCs to annually report Task I and Task II data for catches of sharks, in accordance with ICCAT data reporting procedures; ALSO RECALLING the need to improve species-specific Task I and Task II data for sharks, as recommended by SCRS; RECOGNIZING the continuing obligation to reduce mortality of North Atlantic shortfin mako sharks under Recommendations 05-05 and 07-06; NOTING that the 2008 ecological risk assessment conducted by the SCRS concluded that the shortfin mako shark has low biological productivity, making it susceptible to overfishing even at low levels of fishing mortality; THE INTERNATIONAL COMMISSION FOR THE CONSERVATION OF ATLANTIC TUNAS (ICCAT) RECOMMENDS THAT: 1. CPCs shall include information in their 2012 Annual Reports on actions taken to implement Recommendations 04-10, 05-05, and 07-06, in particular the steps taken to improve their Task I and Task II data collection for direct and incidental catches; 2. Actions taken by CPCs, as described in paragraph 1, shall be reviewed annually by ICCAT’s Compliance Committee, beginning in 2012; 3. CPCs that do not report Task I data for Atlantic shortfin mako sharks, in accordance with SCRS data reporting requirements, shall be prohibited from retaining this species, beginning in 2013 until such data have been received by the ICCAT Secretariat; 4. The SCRS shall conduct a stock assessment for shortfin mako sharks in 2012 and advise the Commission on: a) the annual catch levels of shortfin mako that would support MSY; b) other appropriate conservation measures for shortfin mako sharks, taking into account species identification difficulties; 5. The SCRS shall complete its shark identification guide and circulate it to CPCs before the 2011 Commission meeting. 1 2010 1
ICCAT-REC-2010-07 ICCAT Binding Non-target species In force Microsoft Word - REC. 10-07_DEC 14_rev 10-07 BYC RECOMMENDATION BY ICCAT ON THE CONSERVATION OF OCEANIC WHITETIP SHARK CAUGHT IN ASSOCIATION WITH FISHERIES IN THE ICCAT CONVENTION AREA CONSIDERING that oceanic whitetip sharks (Carcharhinus longimanus) are caught as by-catch in the ICCAT Convention area, TAKING INTO ACCOUNT that (a) the oceanic whitetip shark has been ranked as one of the five species with the highest degree of risk in an ecological risk assessment; (b) it has high at-vessel survival and constitutes a small portion of the shark catch; (c) it is one of the easiest shark species to identify; and (d) that a significant proportion of the species catch is composed of juveniles, FURTHER CONSIDERING that SCRS recommends adoption of a minimum size of 200 cm total length to protect juveniles, RECOGNIZING that such minimum size regulation may cause enforcement difficulties, THE INTERNATIONAL COMMISSION FOR THE CONSERVATION OF ATLANTIC TUNA (ICCAT) RECOMMENDS THAT: 1. Contracting Parties, and Cooperating non-Contracting Parties, Entities or Fishing Entities (hereafter referred to as CPCs) shall prohibit retaining onboard, transshipping, landing, storing, selling, or offering for sale any part or whole carcass of oceanic whitetip sharks in any fishery. 2. CPCs shall record through their observer programs the number of discards and releases of oceanic whitetip sharks with indication of status (dead or alive) and report it to ICCAT. 1 2010 1
ICCAT-REC-2010-08 ICCAT Binding Non-target species In force Microsoft Word - REC. 10-08_DEC 14 10-08 BYC RECOMMENDATION BY ICCAT ON HAMMERHEAD SHARKS (FAMILY SPHYRNIDAE) CAUGHT IN ASSOCIATION WITH FISHERIES MANAGED BY ICCAT RECALLING that the Commission adopted the Resolution by ICCAT on Atlantic Sharks [Res. 01-11], the Recommendation by ICCAT Concerning the Conservation of Sharks caught in Association with Fisheries Managed by ICCAT [Rec. 04-10], the Recommendation by ICCAT to Amend the Recommendation 04-10 on the Conservation of Sharks Caught in Association with the Fisheries Managed of ICCAT [Rec. 05-05] and the Supplemental Recommendation by ICCAT Concerning Sharks [Rec. 07-06]. NOTING that Sphyrna lewini and Sphyrna zygaena are among the shark species for which there are sustainability concerns. CONSIDERING that it is difficult to differentiate between the various species of hammerhead sharks except for the bonnethead (Sphyrna tiburo) without taking them on board and that such action might jeopardize the survival of the captured individuals. RECALLING the need to annually report Task I and Task II for catches of sharks in conformity with the Recommendation by ICCAT Concerning the Conservation of Sharks Caught in Association with Fisheries Managed by ICCAT [Rec. 04-10]; THE INTERNATIONAL COMMISSION FOR THE CONSERVATION OF ATLANTIC TUNAS (ICCAT) RECOMMENDS THAT: 1. Contracting Parties, and Cooperating non-Contracting Parties, Entities or Fishing Entities (hereafter referred to as CPCs) shall prohibit retaining onboard, transshipping, landing, storing, selling, or offering for sale any part or whole carcass of hammerhead sharks of the family Sphyrnidae (except for the Sphyrna tiburo), taken in the Convention area in association with ICCAT fisheries. 2. CPCs shall require vessels flying their flag, to promptly release unharmed, to the extent practicable, hammerhead sharks when brought alongside the vessel. 3. Hammerhead sharks that are caught by developing coastal CPCs for local consumption are exempted from the measures established in paragraphs 1 and 2, provided these CPCs submit Task I and, if possible, Task II data according to the reporting procedures established by the SCRS. If it is not possible to provide catch data by species, they shall be provided at least by genus Sphryna. Developing coastal CPCs exempted from this prohibition pursuant to this paragraph should endeavor not to increase their catches of hammerhead sharks. Such CPCs shall take necessary measures to ensure that hammerhead sharks of the family Sphyrnidae (except of Sphyrna tiburo) will not enter international trade and shall notify the Commission of such measures. 4. CPCs shall require that the number of discards and releases of hammerhead sharks are recorded with indication of status (dead or alive) and reported to ICCAT in accordance with ICCAT data reporting requirements. 5. CPCs shall, where possible, implement research on hammerhead sharks in the Convention area in order to identify potential nursery areas. Based on this research, CPCs shall consider time and area closures and other measures, as appropriate. 6. As appropriate, the Commission and its CPCs should, individually and collectively, engage in capacity building efforts and other cooperative activities to support the effective implementation of this Recommendation, including entering into cooperative arrangements with other appropriate international bodies. 1 2010 1
ICCAT-REC-2010-09 ICCAT Binding Non-target species In force Microsoft Word - REC. 10-09_DEC 14 10-09 BYC RECOMMENDATION BY ICCAT ON THE BY-CATCH OF SEA TURTLES IN ICCAT FISHERIES RECOGNIZING that some fishing operations carried out in the Convention area can adversely affect sea turtles and there is a need to implement measures to mitigate these adverse effects; EMPHASIZING the need to improve the collection of scientific data regarding all sources of mortality for sea turtle populations, including but not limited to data from fisheries within the Convention area; CONSISTENT with the call for the minimization of waste, discards, catch of non-target species (both fish and non-fish species), and impacts on associated or dependent species, in particular endangered species, in the FAO Code of Conduct for Responsible Fisheries and U.N. Agreement on Straddling Fish Stocks and Highly Migratory Fish Stocks; GIVEN THAT the United Nations Food and Agriculture Organization (FAO) adopted the Guidelines to Reduce Sea Turtle Mortality in Fishing Operations at its Twenty-sixth Session of the Committee on Fisheries, held in March 2005, and recommended their implementation by regional fisheries bodies and management organizations; NOTING the importance of harmonizing conservation and management measures with other organizations responsible for managing international fisheries, in particular following through on the commitments that have been made throughout the Kobe meeting process; RECALLING the recommendation from the independent performance review in September 2008 that ICCAT “develop a stronger approach generally to by-catch and develop and adopt appropriate mitigation measures including reporting on the effectiveness of these measures throughout the fisheries”; FURTHER RECALLING the Resolution by the ICCAT on Sea Turtles [Res. 03-11] and the Resolution by ICCAT on Circle Hooks [Res. 05-08]; THE INTERNATIONAL COMMISSION FOR THE CONSERVATION OF ATLANTIC TUNAS (ICCAT) RECOMMENDS THAT: 1. Each CPC shall collect, and annually report to ICCAT no later than 2012 information on the interactions of its fleet with sea turtles in ICCAT fisheries by gear type, including catch rates that take into consideration gear characteristics, times and locations, target species, and disposition status (i.e., discarded dead or released alive). Data to be recorded and reported must also include a breakdown of interactions by sea turtle species, and, where possible, include the nature of the hooking or entanglement (including with Fish Aggregating Devices or FADs), bait type, hook size and type, and the size of the animal. CPCs are strongly encouraged to use observers to collect this information. 2. CPCs shall require that: a) purse seine vessels flagged to that CPC operating in the Convention area avoid encircling sea turtles to the extent practicable, release encircled or entangled sea turtles, including on FADs, when feasible, and report interactions between purse seines and/or FADs and sea turtles to their flag CPC so that this information is included in the CPC reporting requirements specified in paragraph 1; b) pelagic longline vessels flagged to that CPC operating in the Convention area carry on board safe- handling, disentanglement and release equipment capable of releasing sea turtles in a manner that maximizes the probability of their survival; c) fishermen on pelagic longline vessels flagged to that CPC operating under their flag use the equipment specified in item 2b above to maximize the probability of sea turtle survival and are trained in safe- handling and release techniques. 1 3. In advance of the 2011 SCRS meeting, if possible, and no later than 2012, the ICCAT Secretariat shall compile the data collected under paragraph 1 as well as available information from the scientific literature and other relevant sea turtle by-catch mitigation information, including that provided by CPCs and report it to the SCRS for its consideration. 4. SCRS shall also provide advice to the Commission on approaches for mitigating sea turtle by-catch in ICCAT fisheries, including reducing the number of interactions and/or the mortality associated with those interactions. Such advice should be provided, as appropriate, whether or not an assessment as envisioned in paragraph 5 has been conducted. 5. Based on the activities undertaken in paragraph 3, SCRS shall initiate an assessment of the impact of the incidental catch of sea turtles resulting from ICCAT fisheries as soon as possible and no later than 2013. After the initial assessment is complete and the results presented to the Commission, SCRS shall advise the Commission on the timing of future assessments. 6. Upon receipt of advice from the SCRS, the Commission shall consider additional measures to mitigate sea turtle by-catch in ICCAT fisheries, if necessary. 7. As appropriate, the Commission and its CPCs should, individually and collectively, engage in capacity building efforts and other cooperative activities to support the effective implementation of this recommendation, including entering into cooperative arrangements with other appropriate international bodies. 8. In their Annual Reports to ICCAT, CPCs shall report on the implementation of this Recommendation, focusing on paragraphs 1, 2, and 7. In addition, CPCs should report on other relevant actions taken to implement FAO’s Guidelines to Reduce Sea Turtle Mortality in Fishing Operations with respect to ICCAT fisheries in their Annual Reports. 9. This recommendation replaces the Resolution by ICCAT on Sea Turtles [Res. 03-11] in its entirety. 2 2010 1
IOTC-REC-01-01 IOTC Voluntary MCS In force Updated April 2010 RECOMMENDATION 01/01 CONCERNING THE NATIONAL OBSERVER PROGRAMMES FOR TUNA FISHING IN THE INDIAN OCEAN The Indian Ocean Tuna Commission (I O T C), TAKING NOTE of the conclusions of the intersessional meeting on the establishment of a control and inspection scheme which was held in Yaizu, Japan from the 27th to the 29th March 2001, and notably of paragraph 30 relating to the observer programmes, AWARE of the need to adopt and put into effect, prior to the adoption of an integrated programme of control and inspection, minimum control measures applicable to vessels flying the flag of a Contracting Party undertaking activities in the IOTC zone of competence, RECOMMENDS in accordance with the provisions of the Agreement Establishing the IOTC, that 1 The Contracting Parties, and non-Contracting Parties cooperating with the IOTC are encouraged to present, as appropriate, before the annual meeting to be held in 2002, the national observer programmes that have been put into effect in order to observe and follow the application and compliance with IOTC measures for the vessels of Contracting Parties, non- Contracting Cooperating Parties, and fishing entities in the area of competence of IOTC 2 This presentation may include the following elements: a) objectives of the programme (the IOTC measures concerned, the fisheries concerned) b) characteristics of the vessels concerned (overall length, tonnage (GT, GRT), presence of vessel monitoring equipment on board, type of fishing gear, species caught) c) coverage rate by fleet (number of observers on board compared with the number of vessels engaged in fishing, average duration of each trip for each vessel), d) observation reporting model; e) principal results of the observer programme 21 2001 1
IOTC-REC-02-06 IOTC Voluntary MCS In force Collection of Resolutions and Recommendations RECOMMENDATION 02/06 ON THE IMPLEMENTATION OF THE RESOLUTION CONCERNING THE IOTC RECORD OF VESSELS The Indian Ocean Tuna Commission (I O T C), RECOGNIZING that the Commission adopted Resolution 02/05 Concerning the Establishment of an IOTC Record of Vessels over 24 metres Authorized to Operate in the IOTC Area at its 2002 meeting, BEING CONCERNED that there remain a hundred large-scale tuna longline vessels (LSTLVs) that are believed to continue IUU fishing in the IOTC Area and other areas, FURTHER RECOGNIZING a need to take measures to prevent those IUU fishing vessels from being entered in the IOTC Record before the said Resolution has entered into force, REAFFIRMING the right of Contracting Parties and non-Contracting Parties Co-operating with IOTC to determine which fishing vessels over 24 metres will be included on their list of vessels, including new vessels or one to replace old vessels, RECOMMENDS, in accordance with Article IX of the IOTC Agreement, that: With respect to the LSTLVs, the Secretary should: 1. Compare the list which was submitted to him in accordance with paragraph 1 of the Resolution 01/02 Relating to Control of Fishing Activities (hereinafter referred to as “the LIST”) and the initial IOTC Record to be established by the Resolution 02/05 Concerning the Establishment of an IOTC Record of Vessels over 24 metres Authorized to operate in the IOTC Area adopted at the 2002 Commission meeting, 2. Identify the LSTLVs newly appeared on the initial IOTC Record (both net increase from the List and replacements of those previously on the List), and 3. Present a report on the results to the 2003 Commission meeting. 4. The Commission should scrutinize the information in paragraph 1 above to examine possible involvement of the remaining IUU LSTLVs on the IOTC Record 48 2002 1
IOTC-REC-02-07 IOTC Voluntary MCS In force Updated April 2010 RECOMMENDATION 02/07 CONCERNING MEASURES TO PREVENT THE LAUNDERING OF CATCHES BY IUU LARGE­SCALE TUNA LONGLINE FISHING VESSELS The Indian Ocean Tuna Commission (I O T C), TAKING INTO ACCOUNT the need to implement the “FAO International Plan of Action to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated (IUU) fishing”, which was adopted at the 24th session of the FAO Committee on Fisheries in 2001, TAKING INTO ACCOUNT that the Bigeye Tuna Statistical Document Programme is currently being implemented, EXPRESSING GRAVE CONCERN that a significant amount of catches by the IUU fishing vessels are believed to be transferred under the names of duly licensed fishing vessels, RECOMMENDS, in accordance with Article IX of the IOTC Agreement, that: 1. Contracting Parties, and Cooperating non-Contracting Parties (hereinafter referred to as the “CPCs”) should ensure that their duly licensed large-scale tuna longline fishing vessels have a prior authorization of at sea or in port transhipment and obtain the validated Statistical Document, whenever possible, prior to the transhipment of their tuna and tuna-like species subject to the Statistical Document Programme. They should also ensure that transhipments are consistent with the reported catch amount of each vessel in validating the Statistical Document and require the reporting of transhipment. 2. CPCs that import tuna and tuna-like species caught by large-scale tuna longline fishing vessels and subject to the Statistical Document Programme should require transporters (which include container vessels, mother vessels, and the like) that intend to land such species in their ports, to ensure that Statistical Documents are issued, whenever possible before the transhipment. Importing CPCs should obligate the transporters to submit necessary documents, including a copy of the validated Statistical Document and other documents, as required under domestic regulation, such as the receipt of transhipment, to the importing CPCs’ authorities immediately after the transhipment. 49 2002 1
IOTC-REC-05-07 IOTC Voluntary MCS In force Collection of Resolutions and Recommendations RECOMMENDATION 05/07 CONCERNING A MANAGEMENT STANDARD FOR THE TUNA FISHING VESSELS The Indian Ocean Tuna Commission (I O T C), RECALLING that the Commission has actively taken various measures and actions to eliminate illegal, unregulated and unreported (IUU) fishing activities by large-scale tuna longline vessels in the IOTC Area; FURTHER RECALLING that FAO has been taking initiatives to eliminate IUU fishing activities; RECOGNIZING that large-scale tuna vessels shift fishing grounds very easily from the IOTC Area to other Oceans and vice versa and that this highly mobile nature of this fishery makes control and management of this fishery difficult; FURTHER RECOGNIZING that their catches are transferred from the fishing grounds to the market directly without going through the flag countries; BEING AWARE that most of their bigeye and yellowfin tuna catches are exported to Contracting Parties and Cooperating non-Contracting Parties (hereinafter referred to as CPCs); NOTING, with grave concern, that many IUU large-scale tuna vessels still survive by shifting their flags from non-Contracting Parties to CPC’s with less management ability, and by changing their vessel names and nominal owners to evade international efforts to eliminate these vessels; FURTHER NOTING that the lack of a minimum management standard of the Commission allows such shifting to CPCs; and RECOGNIZING the urgent necessity of undertaking due measures so as not to use Contracting Parties as shelters of such vessels, RECOMMENDS, in accordance with paragraph 8 of Article IX of the IOTC Agreement, that: 1. Contracting Parties and Cooperating non-Contracting Parties (CPCs) should take measures to meet the minimum management standard (Attachment I) when they issue fishing licenses to their “authorised fishing vessels” (AFVs as defined in Resolution 05/02). 2. All CPCs should cooperate with those CPCs which issue licenses to their AFVs to meet the above standard. 3. The CPC flag states which issues licenses to their AFVs should report annually to the Commission all measures taken according to paragraph 1 using the format shown in Attachment II. 80 Updated April 2010 Attachment I I O T C Management Standard for the A F Vs The Contracting Parties and Cooperating non-Contracting Parties, should: Management in the fishing grounds i Monitor and inspect, where appropriate through patrol boats and maintain surveillance of the activities of its vessels in order to ensure compliance with IOTC’s conservation and management measures. ii Deploy if appropriate, scientific observers on-board the vessels according to the Commission’s Resolution ; iii Require the installation of satellite-based vessel monitoring systems on board the AFVs operating in the IOTC Area according to the Commission’s Resolution 02/02; iv Require a report of their entry/exit to and from the management areas and the IOTC Area, unless otherwise indicated through use of a vessel monitoring system. v Require a daily or periodical report of the vessel’s catches of species to which catch limits are applicable; Management of transhipment (from the fishing grounds to the landing ports) i Require a report of any transhipment of the vessel’s catches by species and by management area; ii Conduct port inspection according to the Commission’s Resolution 05/03; iii Implement statistical document programs according to the Commission’s Resolution’s 01/06 and 03/03; Management at landing ports i Collect landing and transhipment data to verify catch data, if appropriate, through cooperation with other Contracting Parties and Cooperating non-Contracting Parties. ii Require a report of landings of their catches by species and by management area. 81 Collection of Resolutions and Recommendations Attachment II Model format for annual reporting of implementation of the I O T C management standard for A F Vs a. Management in the fishing grounds Scientific Observer Satellite-based vessel Daily or required Entry/Exit report boarding monitoring system periodic catch report Yes, No Note % % or number of Method Method vessels b. M anagement of transhipment (from the fishing grounds to the landing ports) Transhipment report Port inspection Statistical document program Yes, No Note Method Method c. M anagement at landing ports Landing inspection Landing reporting Cooperation with other Parties Yes, No Note Method Method 82 2005 1
IOTC-REC-05-08 IOTC Voluntary Non-target species In force Updated April 2010 RECOMMENDATION 05/08 ON SEA TURTLES The Indian Ocean Tuna Commission (I O T C), NOTING the need to improve the collection of scientific data regarding all sources of mortality for sea turtle populations, including but not limited to, data from fisheries within the IOTC Area to enhance the proper conservation of sea turtles; RECOGNISING that at the 26th FAO-COFI Session in March 2005, the Guidelines to Reduce Sea Turtle Mortality in Fishing Operation (hereinafter referred to as “the Guidelines”) was adopted, ACKNOWLEDGING the activities undertaken to conserve marine turtles and the habitats on which they depend, within the framework of the Indian Ocean – South-East Asian Marine Turtle Memorandum of Understanding (IOSEA MoU); noting the decision of the 22 IOSEA Signatory States to establish a voluntary reporting mechanism to monitor implementation of the Guidelines; and noting further IOSEA MoU Resolution 3.1 regarding collaboration with IOTC on marine turtle by-catch issues; RECOMMENDS, in accordance with paragraph 8 of Article IX of the IOTC Agreement, that: 1. The Commission encourages Contracting Parties and Cooperating non-Contracting Parties (hereinafter referred to as “CPCs”) to implement the Guidelines, inter alia, the necessary measures for vessels fishing for tuna and tuna-like species in the IOTC Area to mitigate the impact of fishing operations on sea turtles: A. General i) Requirements for appropriate handling, including resuscitation or prompt release of all bycaught or incidentally caught (hooked or entangled) sea turtles. ii) Retention and use of necessary equipment for appropriate release of bycaught or incidentally caught sea turtles. B. Purse seine i) Avoid encirclement of sea turtles to the extent practical. ii) Develop and implement appropriate gear specifications to minimize bycatch of sea turtles. iii) If encircled or entangled, take all possible measures to safely release sea turtles. iv) For fish aggregating devices (FADs) that may entangle sea turtles, take necessary measures to monitor FADs and release entangled sea turtles, and recover these FADs when not in use. C. Longline i) Development and implementation of appropriate combinations of hook design, type of bait, depth, gear specifications and fishing practices in order to minimize bycatch or incidental catch and mortality of sea turtles. ii) Retention and use of necessary equipment for appropriate release of bycaught and incidentally caught sea turtles, including de-hooking, line cutting tools and scoop nets. 2. The Commission encourages CPCs to collect and voluntarily provide the Scientific Committee with all available information on interactions with sea turtles in fisheries targeting the species covered by the IOTC Agreement, including successful mitigation measures, incidental catches and other impacts on sea turtles in the IOTC Area, such as the deterioration of nesting sites and swallowing of marine debris. 3. Encourages CPCs to coordinate their respective IOTC and IOSEA implementation measures, where applicable; and urges the respective secretariats to intensify their collaboration and exchange of information in this area. 4. CPCs are encouraged to support developing countries in their implementing the Guidelines. 83 2005 1
IOTC-REC-05-09 IOTC Voluntary Non-target species In force Collection of Resolutions and Recommendations RECOMMENDATION 05/09 ON INCIDENTAL MORTALITY OF SEABIRDS The Indian Ocean Tuna Commission (I O T C), TAKING INTO ACCOUNT the FAO International Plan of Action for Reducing the Incidental Catch of Seabirds in Longline Fisheries; RECOGNISING the need to evaluate the incidental mortality of seabirds during longline fishing operations for tunas and tuna-like species; NOTING that fisheries other than longline fisheries targeting tuna and tuna-like species may also contribute to the incidental mortality of seabirds; FURTHER NOTING that other factors, such as swallowing marine debris, are also responsible for seabird mortality. RECOMMENDS, in accordance with paragraph 8 of Article IX of the Agreement, that: 1. Contracting Parties and Cooperating non-Contracting Parties (hereinafter referred to as “CPCs”) should inform the Scientific Committee, if appropriate, and the Commission of the status of their National Plans of Action for Reducing Incidental Catches of Seabirds in Longline Fisheries. The Commission should urge CPCs to implement, if appropriate, the International Plan of Action for Reducing Incidental Catches of Seabirds in Longline Fisheries if they have not yet done so. 2. CPCs should be encouraged to collect and voluntarily provide Scientific Committee with all available information on interactions with seabirds, including incidental catches in all fisheries under the purview of IOTC. 3. When feasible and appropriate, Scientific Committee should present to the Commission an assessment of the impact of incidental catch of seabirds resulting from the activities of all the vessels fishing for tunas and tuna-like species, in the IOTC Area. 4. CPCs are encouraged to support developing countries in their implementing the FAO International Plan of Action for Reducing the Incidental Catch of Seabirds in Longline Fisheries. 84 2005 1
IOTC-REC-10-13 IOTC Voluntary MCS Superseded Updated April 2010 RESOLUTION 98/02 DATA CONFIDENTIALITY POLICY AND PROCEDURES The Indian Ocean Tuna Commission (I O T C), RECOGNIZING the need for confidentiality at the commercial and organisational levels for data submitted to IOTC, the following policy and procedures on confidentiality of data will apply: DATA SUBMITTED TO THE SECRETARIAT 1. The policy for releasing catch-and-effort and length-frequency data will be as follows: 2. Catch-and-effort and length-frequency data grouped by 5° longitude by 5° latitude by month for longline and 1° longitude by 1° latitude by month for surface fisheries stratified by fishing nation are considered to be in the public domain, provided that the catch of no individual vessel can be identified within a time/area stratum. In cases when an individual vessel can be identified, the data will be aggregated by time, area or flag to preclude such identification, and will then be in the public domain. 3. Catch-and-effort and length-frequency data grouped at a finer level of time-area stratification will only be released with written authorisation from the sources of the data. Each data release will require the specific permission of the Secretary. 4. A Working Party will specify the reasons for which the data are required. 5. Individuals requesting the data are required to provide a description of the research project, including the objectives, methodology and intentions for publication. Prior to publication, the manuscript should be cleared by the Secretary. The data are released only for use in the specified research project and the data must be destroyed upon completion of the project. However, with authorisation from the sources of the data, catch-and-effort and length- frequency data may be released for long-term usage for research purposes, and in such cases the data need not be destroyed. 6. The identity of individual vessels will be hidden in fine-level data unless the individual requesting this information can justify its necessity. 7. Both Working Parties and individuals requesting data shall provide a report of the results of the research project to IOTC for subsequent forwarding to the sources of the data. PROCEDURES FOR THE SAFEGUARD OF RECORDS Procedures for safeguarding records and databases will be as follows: 1. Access to logbook-level information will be restricted to IOTC staff requiring these records for their official duties. Each staff member having access to these records will be required to sign an attestation recognising the restrictions on the use and disclosure of the information. 2. Logbook records will be kept locked, under the specific responsibility of the Data Manager. These sheets will only be released to authorised IOTC personnel for the purpose of data input, editing or verification. Copies of these records will be authorised only for legitimate purposes and will be subjected to the same restrictions on access and storage as the originals. 3. Databases will be encrypted to preclude access by unauthorised persons. Full access to the database will be restricted to the Data Manager and to senior IOTC staff requiring access to these data for official purposes, under the authority of the Secretary. Staff entrusted with data input, editing and verification will be provided with access to those functions and data sets required for their work. DATA SUBMITTED TO WORKING PARTIES Data submitted to Working Parties will be retained by the Secretariat or made available for other analyses only with the permission of the source. The above rules of confidentiality will apply to all members of Working Parties. 7 2010 1
IOTC-RES-00-01 IOTC Binding MCS In force Collection of Resolutions and Recommendations RESOLUTION 00/01 ON COMPLIANCE WITH MANDATORY STATISTICAL REQUIREMENTS FOR IOTC MEMBERS AND REQUESTING COOPERATION WITH NON­CONTRACTING PARTIES The Indian Ocean Tuna Commission, RECOGNIZING that fisheries information is essential for all scientific work including stock assessments and for proper fisheries management in IOTC, RECALLING that "Mandatory Statistical Requirements for IOTC Members" were introduced at the 3rd Session of IOTC in 1998, EXPRESSING CONCERN that many IOTC members fail to fully comply with such requirements, EXPRESSING FURTHER CONCERN that there are significant fishing activities carried out by non- Contracting Parties in the IOTC Area and that, in particular, 70% of data from longline operations are still not reported to the IOTC, RESOLVES that, 1. All Contracting Parties and Cooperating Non-Contracting Parties shall comply with the Resolution 98/01, "Mandatory Statistical Requirements for IOTC Members" adopted at the 3rd Session of IOTC in 1998. 2. The Secretary shall consider options to encourage the timely collection and provision of fisheries data to improve the compliance of data requirements and report them to the 2001 IOTC Scientific Committee and Commission meetings. 3. The Commission shall request Contracting and Non-Contracting Parties, to cooperate by submitting all required fisheries data before the beginning of the next Working Party. 18 2000 1
IOTC-RES-01-02 IOTC Binding MCS Superseded Collection of Resolutions and Recommendations RESOLUTION 01/02 RELATING TO CONTROL OF FISHING ACTIVITIES The Indian Ocean Tuna Commission (I O T C), TAKING NOTE of the results of the Intersessional Meeting on an Integrated Control and Inspection Scheme, held in Yaizu, Japan, from 27 to 29 March 2001. TAKING NOTE of the willingness to introduce, before the adoption of the integrated control and inspection scheme, minimum control measures applicable to the fishing vessels flying the flag of a Contracting party, and or, of a Cooperating non-Contracting Party, which carry out fishing activities in the area of the competence of the IOTC. TAKING INTO ACCOUNT that Contracting Parties have agreed that the implementation of an integrated control and inspection scheme should follow a phased approach. ADOPTS, in accordance with the provisions of Article IX of the Agreement establishing the IOTC, the following1: 1. Each Contracting Party and non-Contracting Party Co-operating with the IOTC shall: a) Authorise the use of fishing vessels flying its flag for fishing activities only where it is able to exercise effectively its responsibilities in respect of such vessels; b) Ensure that fishing vessels flying its flag comply with applicable resolutions adopted under the IOTC Agreement; c) Notify to the Secretariat on an annual basis by 31st January, or in any case before the vessel’s entry into the IOTC Area, all fishing vessels greater than 24 meters in overall length (or greater than 20 meters between perpendiculars) authorised to fish in the IOTC Area and notably whether the vessel is authorised to fish one or more regulated resource. This notification shall include for each vessel: I. Name of vessel, registration number; II. Previous flag (if any); III. International Radio Call Sign; IV. Vessel type, length and gross registered tonnage or gross tonnage; V. Name and address of owner and/or charter, and/or operator. Each Contracting Party and Non-Contracting Party co-operating with the IOTC shall notify to the Secretariat of any modifications including suspensions, withdrawals and limitations to this information without delay. The Secretary shall make available to all Contracting Parties and non-Contracting Parties Co-operating with the IOTC, the information notified under sub-paragraph (c). 2. Each Contracting Party and non-Contracting Party Co-operating with the IOTC shall: a) Ensure that each of its fishing vessels carry on board documents issued and certified by the competent authority of that Contracting Party or of that non-Contracting Party Co-operating with IOTC, including, at a minimum, the following: I. License, permit or authorisation to fish and terms and conditions attached to the licence, permit of authorisation; II. Vessel name; III. Port in which registered and the number(s) under which registered; IV. International call sign; V. Names and addresses of owner(s) and where relevant, the charter; VI. Overall length; VII Engine power, in KW/horsepower, where appropriate. 1 b) Verify above documents on a regular basis and at least every year; Paragraph 1 has been superseded by Resolutions 02/05, 05/02 and 07/02 22 Updated April 2010 c) Ensure that any modification to the documents and to the information referred to in 1.a) is certified by the competent authority of that Contracting Party or of that non-Contracting Party Co-operating with the IOTC 3. Each Contracting Party and non-Contracting Party Co-operating with the IOTC shall ensure that its fishing vessels authorised to fish in the IOTC area are marked in such a way that they can be really identified with generally accepted standards such as the FAO Standard Specification for the Marking and Identification of Fishing vessels. 4. a) Each Contracting Party and non-Contracting Party Co-operating with the IOTC shall ensure that gear used by its fishing vessels authorised to fish in the IOTC Area is marked appropriately, such as, the ends of nets, lines and gear in the sea, shall be fitted with flag or radar reflector buoys by day and light buoys by night sufficient to indicate their position and extent. b) Marker buoys and similar objects floating and on the surface, and intended to indicate the location of fixed fishing gear, shall be clearly marked at all time with the letter(s) and/or number(s) of the vessel to which they belong. c) Fish aggregating devices shall be clearly marked at all time with the letter(s) and / or number(s) of the vessel to which they belong. 5. Each Contracting Party and non-Contracting Party Co-operating with the IOTC shall ensure that all their respective fishing vessels greater than 24 m LOA, and authorized to fish in the IOTC Area keep a bound fishing national logbook with consecutively numbered pages. The original recordings contained in the fishing logbooks shall be kept on board the fishing for a period of at least 12 months. 23 2001 1
IOTC-RES-01-03 IOTC Binding MCS In force Collection of Resolutions and Recommendations RESOLUTION 01/03 ESTABLISHING A SCHEME TO PROMOTE COMPLIANCE BY NON­CONTRACTING PARTY VESSELS WITH RESOLUTIONS ESTABLISHED BY IOTC The Indian Ocean Tuna Commission (I O T C), TAKING NOTE of the results of the Intersessional Meeting on an Integrated Control and Inspection Scheme, held in Yaizu, Japan, from 27 to 29 March 2001. TAKING NOTE of the need to fight against illegal, unregulated and unreported fisheries (IUU). TAKING INTO ACCOUNT that Contracting Parties have agreed that the implementation of an integrated control and inspection scheme should follow a phased approach. ADOPTS, in accordance with the provisions of Article IX of the Agreement creating the IOTC, the following: 1. Any observation by a Contracting Party vessel or aircraft of non-Contracting Party, Entity or fishing Entity vessels, indicating that there are grounds for believing that these vessels are fishing contrary to IOTC conservation or management measures, shall be reported immediately to the appropriate authorities of the flag-State making the observation. The Contracting Party shall then notify immediately the appropriate authorities of the flag-State of the vessel fishing. Each Contracting Party making the observation shall also immediately notify the IOTC Secretariat, which, in turn, shall notify the other Contracting Parties. 2. A vessel flying the flag of a non-Contracting Party, Entity or fishing Entity, which has been sighted in the IOTC Area, in conformity with the conditions of paragraph 1, is presumed to be undermining IOTC conservation and management measures. 3. When a vessel of a non-Contracting Party, Entity or fishing Entity referred to in paragraph 2 enters voluntarily a port of any Contracting Party, it shall be inspected by authorised Contracting Party officials knowledgeable of IOTC measures and shall not be allowed to land or tranship any fish until this inspection has taken place. Such inspections shall include the vessel's documents, logbooks, fishing gear, catch on board and any other matter relating to the vessel's activities in the IOTC Area. 4. Landings and transhipments of all fish from vessels of a Non-Contracting Party, Entity or fishing Entity which have been inspected pursuant to paragraph 3 shall be prohibited in all Contracting Party ports if such inspection reveals that the vessel has onboard species subject to IOTC conservation or management measures, unless the vessel establishes that the fish were caught outside the IOTC Area or in compliance with the relevant IOTC conservation measures and requirements under the Agreement. 5. Information on the results of all inspections of vessels of non-Contracting Parties, Entities or fishing Entities, conducted in the ports of Contracting Parties, and any subsequent action, shall be transmitted immediately to the Commission. The Secretariat shall transmit this information to all Contracting Parties and to the relevant flag-State(s). 24 2001 1
IOTC-RES-01-04 IOTC Binding Tuna species In force Updated April 2010 RESOLUTION 01/04 ON LIMITATION OF FISHING EFFORT OF NON MEMBERS OF IOTC WHOSE VESSELS FISH BIGEYE TUNA The Indian Ocean Tuna Commission (I O T C), RECALLING that at the 4th Session of the Scientific Committee it was recommended that a reduction of the catching of Bigeye Tuna by all the fishing gears should be applied as soon as possible. CONSIDERING that some non-Members of the Agreement establishing the IOTC have increased in a substantial manner their catches and fishing effort on bigeye tuna during recent years and that, consequently, it is necessary for the effective conservation and management of the bigeye stock that these non-Members decrease their fishing effort. RECOMMENDS, in accordance with the provisions of Article IX of the Agreement on the establishment of the IOTC, the following: 1. Taking into account the urgent need to manage in a global and efficient way the fishing effort on bigeye tuna, the Commission requests non-Members of IOTC to reduce their fishing effort in 2002 in relation to 1999 levels. 2. They are urged to inform the Commission, before 30 June 2002, of the measures they have taken in order to ensure the implementation of this Resolution, including their 1999 fishing effort in terms of catch and effort data, and the number of vessels. 3. The Commission shall review at the 2002 Session the measures taken by non-Members to implement reductions described in paragraph 1 above. 4. The Chairman shall communicate this Resolution to the non-Members concerned. 25 2001 1
IOTC-RES-01-06 IOTC Binding MCS In force Updated April 2010 RESOLUTION 01/06 CONCERNING THE IOTC BIGEYE TUNA STATISTICAL DOCUMENT PROGRAMME The Indian Ocean Tuna Commission (I O T C), RECOGNIZING the authority and responsibility of IOTC to manage bigeye tuna in the IOTC area of competence (“Convention Area”), at the international level, RECOGNIZING ALSO the nature of the international market for bigeye tuna in the Convention Area, RECOGNIZING ALSO that there is uncertainty on the catch of bigeye tuna in the Convention Area and that the availability of trade data would greatly assist in reducing such uncertainty, RECOGNIZING ALSO that bigeye tuna is the main target species of “flag of convenience” fishing operations and that most of the bigeye harvested by such fishing vessels are exported to Contracting Parties, especially to Japan, RECALLING that the International Commission for the Conservation of Atlantic Tunas (ICCAT) has established its Bluefin Tuna, Bigeye Tuna and Swordfish Statistical Document Programs, and that the Commission for the Conservation of Southern Bluefin Tuna (CCSBT) has also established its Southern Bluefin Tuna Statistical Document Programme, RECOGNIZING that the Statistical Document Programme is an effective tool to assist the Commission’s effort for the elimination of IUU fishing operations, RECOMMENDS, in accordance with paragraph 1 of Article IX of the Agreement, that, 1 Contracting Parties, by July 1, 2002 or as soon as possible thereafter, require that all bigeye tuna, when imported into the territory of a Contracting Party, be accompanied by an IOTC Bigeye Tuna Statistical Document which meets the requirements described in Annex 1 or an IOTC Bigeye Tuna Re-export Certificate which meets the requirements described in Annex 2. Bigeye tuna caught by purse seiners and pole and line (bait) vessels and destined principally for the canneries in the Convention Area are not subject to this statistical document requirement. The Commission and the Contracting Parties importing bigeye tuna shall contact all the exporting countries to inform them of this Programme in advance of the implementation of the Programme. 2 (1) The IOTC Bigeye Tuna Statistical Document must be validated by a government official or other authorized individual or institution of the flag State of the vessel that harvested the tuna, or, if the vessel is operating under a charter arrangement, by a government official or other authorized individual of the exporting state, and; (2) The IOTC Bigeye Tuna Re-export Certificate must be validated by a government official or other authorized individual or institution of the state that re-exported the tuna. 3 Each Contracting Party shall provide to the Secretary sample forms of its statistical document and re-export certificate required with bigeye tuna imports and information on validation in the format specified in Annex 4, and inform him/her of any change in a timely fashion. 4 The Contracting Parties which export or import bigeye tuna shall compile data from the Programme. 5 The Contracting Parties which import bigeye tuna shall report the data collected by the Programme to the Secretary each year by April 1 for the period of July 1 - December 31 of the preceding year and October 1 for the period of January 1 - June 30 of the current year, which shall be circulated to all the Contracting Parties by the Secretary. The formats of the report are attached as Annex 3. 6 The Contracting Parties which export bigeye tuna shall examine export data upon receiving the import data mentioned in paragraph 5 above from the Secretary, and report the results to the Commission annually. 7 The Contracting Parties should exchange copies of statistical documents and re-export certificates to facilitate the examination mentioned in paragraph 6, consistent with domestic laws and regulations. 27 Collection of Resolutions and Recommendations 8 The Commission shall request Cooperating Non-Contracting Parties to take the measures described in the above paragraphs. 9 The Secretary shall request information on validation from all the non-Contracting Parties/Entities/Fishing Entities fishing and exporting bigeye tuna to Contracting Parties, and request them to inform him/her in a timely fashion of any changes to the information provided. 10 The Secretary shall maintain and update information specified in paragraphs 3 and 9 and provide it to all the Contracting Parties, and promptly circulate any changes. 11 The Commission shall request the non-Contracting Parties which import bigeye tuna to cooperate with implementation of the Programme and to provide to the Commission data obtained from such implementation. 12 Implementation of this Programme shall be in conformity with relevant international obligations. 13 At the initial stage of the programme, the statistical documents and the re-export certificates will be required for frozen bigeye products. Prior to implementing this Programme for fresh products, several practical problems need to be solved, such as guidelines to ensure procedures to handle fresh products at customs. 14 The statistical documents for bigeye tuna caught by fishing vessels flying the flag of a Member State of the European Community may be validated by the competent authorities of the Member State whose flag the vessel flies or by those of a different Member State where the products are landed, provided the corresponding quantities of bigeye tuna are exported outside the Community from the territory of the Member State of landing. 15 Notwithstanding the provisions of Article IX, paragraph 4, of the Agreement, the Contracting Parties shall implement this recommendation by July 1, 2002 or as soon as possible thereafter in accordance with the regulatory procedures of each Contacting Party. 28 Updated April 2010 Annex 1 Requirements Concerning the I O T C Bigeye Tuna Statistical Document 1 The sample form of the IOTC Bigeye Tuna Statistical Document shall be as in the Appendix. 2 Customs or other appropriate government officials will request and inspect all import documentation including the IOTC Bigeye Tuna Statistical Document for all bigeye tuna in the shipment. Those officials may also inspect the content of each shipment to verify the information on the document. 3 Only complete and valid documents will guarantee that shipments of bigeye tuna will be allowed to enter the territory of Contracting Parties. 4 Shipments of bigeye tuna that are accompanied by improperly documented Bigeye Tuna Statistical Documents (i.e., improperly documented means that the Bigeye Tuna Statistical Document is either missing from the shipment, incomplete, invalid or falsified) will be considered illegitimate shipments of bigeye tuna, that are contrary to IOTC conservation efforts, and their entry will be suspended (PENDING RECEIPT OF A PROPERLY COMPLETED DOCUMENT) into the territory of a Contracting Party or subject to administrative or other sanction. 5 The import of fish parts other than the meat, i.e., head, eyes, roe, guts, tails may be allowed without the document. 29 Collection of Resolutions and Recommendations 30 Appendix DOCUMENT NUMBER IOTC BIGEYE TUNA STATISTICAL DOCUMENT EXPORT SECTION 1.FLAG OF COUNTRY/ENTITY/FISHING ENTITY 2.NAME OF VESSEL AND REGISTRATION NUMBER (when available) 3.TRAPS (if applicable) 4.POINT OF EXPORT (City, State / Province, Country / Entity / Fishing Entity) 5.AREA OF CATCH (check one of the following) (a) Indian (b) Pacific (c) Atlantic * In case of (b) or (c) checked, the item 6 and 7 below do not need to be filled out. 6.DESCRIPTION OF FISH Product Type (*1) F/FR D/GG/DR/FL/OT Gear Code(*2) Net Weight (Kg) *1= F=Fresh, FR=Frozen, RD=Round, GG=Gilled and Gutted, DR=Dressed, FL=Fillet, OT=Other, describe the type of product *2= When the Gear Code is OT, describe the type of gear. 7.EXPORTER CERTIFICATION: I certify that the above information is complete, true, and correct to the best of my knowledge and belief. Name Company name Address Signature Date License Number (if applicable) 8.GOVERNMENT VALIDATION: I validate that information listed above is complete, true, and correct to the best of my knowledge and belief. Total weight of the shipment Kg Name & Title Signature Date Government Seal IMPORT SECTION: IMPORTER CERTIFICATION I certify that the above information is complete, true, and correct the best of my knowledge and belief. Importer Certification (Intermediate Country / Entity / Fishing Entity) Name Address Signature Date License # (if applicable) Importer Certification (Intermediate Country / Entity / Fishing Entity) Name Address Signature Date License # (if applicable) Final Point of Import City State Province Country Entity Fishing Entity NOTE: If a language other than English is used in completing this form. Please add the English translation on this document. Updated April 2010 INST RU C T I O NS D O C U M E N T NU M B E R: Block for the issuing Country to designate a country coded Document Number. (1) F L A G C O UN T R Y/E N T I T I ES/F ISH IN G E N T I T I ES: Fill in the name of the country of the vessel that harvested the bigeye tuna in the shipment and issued this Document. According to the Recommendation, only the flag state of the vessel that harvested the bigeye tuna in the shipment or, if the vessel is operating under a charter arrangement, the exporting state can issue this Document. (2) N A M E O F V ESSE L A ND R E G IST R A T I O N NU M B E R (when available): Fill in the name and registration number of the vessel that harvested the bigeye tuna in the shipment. (3) T R APS (if applicable): Fill in the name of the trap that harvested the bigeye tuna in the shipment. (4) PO IN T O F E XPO R T : Identify the City, State or Province, and Country from which the bigeye tuna was exported. (5)A R E A O F C A T C H: Check the area of catch. (If (c) or (d) checked, items 6 and 7 below do not need to be filled out.) (6) D ESC RIPT I O N O F F ISH : The exporter must provide, to the highest degree of accuracy, the following information. N O T E : One row should describe one product type (1) Product Type: Identify the type of product being shipped as either FRESH or FROZEN, and in ROUND, GILLED AND GUTTED, DRESSED, FILLET or OTHER form. For OTHER, describe the type of products in the shipment. (2) Gear Code: Identify the gear type which was used to harvest the bigeye tuna using the list below. For OTHER TYPE, describe the type of gear, including farming. (3) Net product weight in kilograms. (7) E XPO R T E R C E R T I F I C A T I O N: The person or company exporting the bigeye tuna shipment must provide his/her name, company name, address, signature, date the shipment was exported, and dealer license number (if applicable). (8) G O V E RN M E N T V A L ID A T I O N: Fill in the name and full title of the official signing the Document. The official must be employed by a competent authority of the flag state government of the vessel that harvested the bigeye tuna appearing on the Document or other individual or institution authorized by the flag state. When appropriate, this requirement is waived according validation of the document by a government official, or if the vessel is operating under a charter arrangement, by a government official or other authorized individual or institution of the exporting state. The total weight of the shipment shall also be specified in this block. (9) I M PO R T E R C E R T I F I C A T I O N: The person or company that imports bigeye tuna must provide his/her name, address, signature, date the bigeye was imported, license number (if applicable), and final point of import. This includes imports into intermediate countries. For fresh and chilled products, the signature of the importer may be substituted by a person of a customs clearance company when the authority for signature is properly accredited to it by the importer. G E A R C O D E : GEAR CODE GEAR TYPE, BB BAITBOAT GILL GILLNET HAND HANDLINE HARP HARPOON LL LONGLINE MWT MID-WATER TRAWL PS PURSE SEINE RR ROD AND REEL SPHL SPORT HANDLINE SPOR SPORT FISHERIES UNCLASSIFIED SURF SURFACE FISHERIES UNCLASSIFIED TL TENDED LINE TRAP TRAP TROL TROLL UNCL UNSPECIFIED METHODS OT OTHER TYPE R E T URN A C OPY O F C O M PL E T E D D O C U M E N T T O : (the name of the office of the competent authority of the flag state). 31 Collection of Resolutions and Recommendations Annex 2 Requirements Concerning the I O T C Bigeye Tuna Re-export Certificate 1 The sample form of the IOTC Bigeye Tuna Re-export Certificate shall be as in the Appendix. 2 Customs or other appropriate government officials will request and inspect all import documentation including the IOTC Bigeye Tuna Re-export Certificate for all bigeye tuna in the shipment. Those officials may also inspect the content of each shipment to verify the information on the document. 3 Only complete and valid documents will guarantee that shipments of bigeye tuna will be allowed to enter the territory of Contracting Parties. 4 A Contracting Party shall be free to validate IOTC Bigeye Tuna Re-export Certificates for bigeye tuna imported by that Contracting Party, to which IOTC Bigeye Tuna Statistical Documents or IOTC Bigeye Tuna Re-export Certificates are attached. IOTC Bigeye Tuna Re- export Certificates shall be validated by government organizations or by recognized institutions which are accredited by a Contracting Party’s government to validate the IOTC Bigeye Tuna Statistical Document. A copy of the original Bigeye Tuna Statistical Document accompanying the imported bigeye tuna must be attached to an IOTC Bigeye Tuna Re-export Certificate. The copy of the original Bigeye Tuna Statistical Document so attached must be verified by that government organization or by that recognized institution accredited by a government which validated the IOTC Bigeye Tuna Statistical Document. When re-exported bigeye tuna is again re-exported, all copies of documents, including a verified copy of a Statistical Document and Re-export Certificate which accompanied that bigeye tuna upon importation, must be attached to a new Re-export Certificate to be validated by a re-exporting Contracting Party. All copies of the Documents to be attached to that new Re-export Certificate must be also be verified by a government organization or a recognized institution accredited by a government which validated the IOTC Bigeye Tuna Statistical Document. 5 Shipments of bigeye tuna that are accompanied by improperly documented Bigeye Tuna Re- export Certificate (i.e., improperly documented means that the Bigeye Tuna Re-export Certificate is either missing from the shipment, incomplete, invalid or falsified) will be considered illegitimate shipments of bigeye tuna, that are contrary to IOTC conservation efforts, and their entry will be suspended (PENDING RECEIPT OF A PROPERLY COMPLETED DOCUMENT) into the territory of a Contracting Party or subject to administrative or other sanction. 6 IOTC Contracting Parties that validate Re-export Certificates in accordance with the procedure set forth in paragraph 4 shall require from the re-exporting bigeye dealer necessary documents (e.g. written sales contracts) which are to certify that the bigeye tuna to be re- exported corresponds to the imported bigeye tuna. Contracting Parties which validate Re- export Certificates shall provide flag states and importing states with evidence of this correspondence upon their request. 7 The import of fish parts other than the meat, i.e., head, eyes, roe, guts, tails may be allowed without the document. 32 Updated April 2010 DOCUMENT NUMBER Appendix IOTC BIGEYE TUNA RE-EXPORT CERTIFICATE RE-EXPORT SECTION: 1.RE-EXPORTING COUNTRY / ENTITY / FISHING ENTITY 2.POINT OF RE-EXPORT 3.DESCRIPTION OF IMPORTED FISH Product Type(*) Net Weight F/FR RD/GG/DR/FL/OT (Kg) Flag country/ Entity/Fishing Entity Date of Import 4.DESCRIPTION OF FISH FOR RE-EXPORT Product Type(*) Net Weight F/FR RD/GG/DR/FL/OT (Kg) * F=FRESH, FR=Frozen, RD=Round, GG=Gilled and Gutted, DR=Dressed, FL=Fillet OT=Other(Describe the type of product) 5.RE-EXPORTER CERTIFICATION: I certify that the above information is complete, true and correct to the best of my knowledge and belief. Name/Company Name Address Signature Date License Number (if applicable) 6.GOVERNMENT VALIDATION: I validate that the above information is complete, true and correct to the best of my knowledge and belief. Name & Title Signature Date Government Seal IMPORT SECTION: 7.IMPORTER CERTIFICATION: I certify that the above information is complete, true and correct to the best of my knowledge and belief. Importer Certification (Intermediate Country / Entity / Fishing Entity) Name Address Signature Date License # (if applicable) Importer Certification (Intermediate Country / Entity / Fishing Entity) Name Address Signature Date License # (if applicable) Importer Certification (Intermediate Country / Entity / Fishing Entity) Name Address Signature Date License # (if applicable) Final Point of Import City State/Province Country / Entity / Fishing Entity NOTE: If a language other than English is used in completing this form. Please add the English translation on this document. 33 Collection of Resolutions and Recommendations INST RU C T I O NS D O C U M E N T NU M B E R: Block for the issuing Country/Entity/Fishing Entity to designate a Country/Entity/Fishing Entity coded document number. (1) R E-E XPO R T IN G C O UN T R Y/E N T I T Y/F ISH IN G E N T I T Y Fill in the name of the Country/Entity/Fishing Entity which re-exports the bigeye tuna in the shipment and issued this Certificate. According to the Recommendation, only the re-exporting Country/Entity/Fishing Entity can issue this Certificate. (2) PO IN T O F R E-E XPO R T Identify the City/State Province and Country/Entity/Fishing Entity from which the bigeye tuna was re-exported. (3) D ESC RIPT I O N O F I M PO R T E D F ISH The exporter must provide, to the highest degree of accuracy, the following information: NOTE: One row should describe one product type. (1)Product type: Identify the type of product being shipped as either FRESH or FROZEN, and in ROUND, GILLED AND GUTTED, DRESSED, FILLET or OTHER form. For OTHER, describe the type of products in the shipment. (2) Net weight: Net product weight in kilograms. (3) Flag Country/Entity/Fishing Entity: the name of the Country/Entity/Fishing Entity of the vessel that harvested the bigeye tuna in the shipment. (4) Date of import: Imported date. (4) D ESC RIPT I O N O F F ISH F O R R E-E XPO R T The exported must provide, to the highest degree of accuracy, the following information: NOTE: One row should describe one product type. (1) Product type: Identify the type of product being shipped as either FRESH or FROZEN, and in ROUND, GILLED AND GUTTED, DRESSED FILLET or OTHER form. For OTHER, describe the type of products in the shipment. (2) Net weight: Net product weight in kilograms. (5) R E-E XPO R T E R C E R T I F I C A T I O N The person or company re-exporting the bigeye tuna shipment must provide his/her name, address, signature, date the shipment was re-exported, and re-exporter’s license number (if applicable). (6) G O V E RN M E N T V A L ID A T I O N Fill in the name and full title of the official signing the Certificate. The official must be employed by a competent government authority of the re-exporting Country/Entity/Fishing Entity appearing on the Certificate, or other individual or institution authorized to validate such certificates by the competent government authority. (7) I M PO R T E R C E R T I F I C A T I O N The person or company that imports bigeye tuna must provide his/her name, address, signature, date the bigeye tuna was imported, license number (if applicable) and re-exported final point of import. This includes imports into intermediate Countries/Entities/Fishing Entities. For fresh and chilled products, the signature of the importer may be substituted by a person of a customs clearance company when the authority for signature is properly accredited to it by the importer. R E T URN A C OPY O F T H E C O M PL E T E D C E R T I F I C A T E T O: (the name of the office of the competent authority of the re-exporting Country/Entity/Fishing Entity). 34 Updated April 2010 nex 3 R EPO R T O F T H E I O T C BI G E Y E T UN A ST A T IST I C A L D O C U M E N T Period _____________to ____________ IMPORT COUNTRY/ENTITY/FISHING ENTITY __________________ Month__________________ Month _______________Year ______________ Product Type F/FR RD/GG/DR/FL/OT Product type Area Code Flag Area Gear Point of Country/Entity/F Code Code Export ishing Entity Gear Code Gear Type BB Baitboat GILL Gillnet HAND Handline HARP Harpoon LL Longline MWT Mid-water trawl PS Purse seine RR Rod & reel SPHL Sport Handline SPOR Sport fisheries unclassified SURF Surface fisheries unclassified TL Tended line TRAP Trap TROL Troll UNCL Unclassified methods OTH Other type (Indicate the type of gear): 35 Fresh Frozen PA Round Product Wt.(Kg) Indian Ocean F FR RD GG DR FL OT ID Pacific AT Atlantic Gilled & gutted Dressed Fillet Other form, describe the type of products in the shipment Collection of Resolutions and Recommendations R EPO R T O F T H E I O T C B I G E Y E T UN A R E-E XPO R T C E R T I F I C A T E Period ________ to ___________, IMPORT COUNTRY/ENTITY/FISHING ENTITY ______________ Month _______________ Month _____________Year__________________ Flag Re-export Point of Product Type Product Country/Entit Country/Entity/ Re-export Wt.(Kg) y/Fishing Fishing Entity Entity F/FR RD/GG/DR/FL/OT Product type F Fresh FR Frozen RD Round GG Gilled & gutted DR Dressed FL Fillet OT Other form, describe the type of products in the shipment 36 Updated April 2010 Annex 4 IN F O R M A T I O N O N V A L ID A T I O N O F I O T C ST A T IST I C A L D O C U M E N TS 1 Flag 2 Government/Authority Organization(s) accredited to validate Statistical Documents Organization Name Organization Address Sample Seal NOTE: For each organization, attach a list with the names, titles and addresses of the individuals authorized to validate Documents. 3 Other institutions accredited by the government/authority to validate Statistical Documents Organization Name Organization Address Sample Seal NOTE: For each organization, attach a list with the names, titles and addresses of the individuals authorized to validate Documents. Instructions Contracting Parties, non-Contracting Parties having vessels that harvest species whose international trade must be accompanied by Statistical Documents are requested to submit the information on this sheet to the Secretary of IOTC*, and to ensure that any changes to the above are also transmitted to the Secretary on a timely fashion. *IOTC; P.O.BOX 1011, Fishing Port, Victoria, Seychelles 37 2001 1
IOTC-RES-01-07 IOTC Binding MCS In force Collection of Resolutions and Recommendations RESOLUTION 01/07 CONCERNING THE SUPPORT OF THE IPOA­IUU PLAN The Indian Ocean Tuna Commission (I O T C), RECALLING that the Committee of the Fisheries of FAO adopted on 2 March 2001 the International Plan of Action to prevent, deter and eliminate the illegal, unregulated and unreported fisheries, and that the Council of FAO adopted it on 23 June 2001. RECALLING that IOTC adopted measures aiming to fight against IUU fishing. DECIDES: 1. To support the International Plan of Action to prevent, deter and eliminate the illegal, unregulated and unreported fisheries, and to encourage its application. 2. That the identification of the vessels engaged in IUU activities should be made by IOTC through agreed procedures in a fair, transparent and non-discriminatory manner. 3. That the establishment of, and co-operation in, the exchange of information on vessels identified according to the above procedures as engaged in or supporting IUU fishing, including trade information, should be made by IOTC. 38 2001 1
IOTC-RES-02-03 IOTC Binding MCS In force Collection of Resolutions and Recommendations RESOLUTION 02/03 TERMS OF REFERENCE FOR THE IOTC COMPLIANCE COMMITTEE The Indian Ocean Tuna Commission (I O T C), ESTABLISHES, in accordance with Article XII(5) of the Agreement creating the IOTC, a Compliance Committee. The functions of the IOTC Compliance Committee shall be to: a) Review compliance with conservation and management measures adopted by the Commission and make such recommendations to the Commission as may be necessary to ensure their effectiveness; b) Review the implementation of measures for monitoring, control, surveillance and enforcement adopted by the Commission and make such recommendations to the Commission as may be necessary to ensure their effectiveness; c) Define, develop and make recommendations to the Commission concerning the phased development and implementation of the IOTC Control and Inspection Scheme; d) Monitor, review and analyze information pertaining to the activities of Non-Contracting Parties and their vessels which undermine the objectives of the Agreement including, in particular, IUU fishing, and recommend actions to be taken by the Commission to discourage such activities; e) Consider the effectiveness and practical aspects of the implementation of the IOTC Statistical Document Programme; f) Perform such other tasks as directed by the Commission; The Compliance Committee will meet during the annual Commission Session. 42 2002 1
IOTC-RES-03-01 IOTC Binding MCS In force Updated April 2010 RESOLUTION 03/01 ON THE LIMITATION OF FISHING CAPACITY OF CONTRACTING PARTIES AND COOPERATING NON­CONTRACTING PARTIES The Indian Ocean Tuna Commission(IOTC), RECALLING the adoption of FAO Agreement to Promote Compliance with International Conservation and Management Measures by Fishing Vessels on the High Seas, RECOGNISING that paragraph 1 of the Resolution 99/1: ‘On the Management of Fishing Capacity and on the Reduction of the Catch of Juvenile Bigeye Tuna by Vessels, including Flag of Convenience Vessels, Fishing for Tropical Tunas in the IOTC Area of Competence’, adopted at the 4th session of the Commission, stipulate that the 2000 IOTC Session would consider the limitation of the capacity of the fleet of large-scale tuna vessels (greater then 24 m LOA) to the appropriate level, RECALLING the adoption by IOTC on 2001 of the Resolution 01/04 on limitation of fishing effort of non-Members of IOTC whose vessels fish bigeye tuna, RECOGNISING that the Scientific Committee recommended that a reduction in catches of bigeye tuna from all gears should be implemented as soon as possible; that the stock of yellowfin tuna is being exploited close to, or possibly above MSY; and that the level of fishing effort of swordfish should not be increased, RECOGNISING that FAO International Plan of Action for the Management of the Fishing Capacity (IPOA) provides, in its Objectives and Principles that "States and Regional Fisheries Organisations confronted with an overcapacity problem, where capacity is undermining achievement of long-term sustainability outcomes, should endeavour initially to limit at present level and progressively reduce the fishing capacity applied to affected fisheries"; TAKING INTO ACCOUNT the need to have due regard for the interests of all Members concerned, in conformity with the rights and obligations of those Members under international law and in particular, to the rights and obligations of developing countries of the Indian Ocean rim with respect to entry into the high-seas fisheries in the IOTC area of competence. ADOPTS, in accordance with the provisions of Article IX, paragraph 1 of the Agreement establishing the IOTC, that: 1. Contracting Parties and Cooperating non-Contracting Parties (CPCs) which have more than 50 vessels on the 2003 IOTC Record of Vessels, shall limit in 2004 and following years, the number of their fishing vessels larger than 24 meters length overall (hereafter LSFVs) to the number of its fishing vessels registered in 2003 in the IOTC Record of Vessels1. 2. This limitation of number of vessels shall be commensurate with the corresponding overall tonnage expressed in GRT (Gross Registered Tonnage) or in GT (Gross Tonnage) and, where vessels are replaced, the overall tonnage shall not be exceeded. 3. Other CPCs which have the objective of developing their fleets above those authorizations currently foreseen under administrative processes, will draw up, a fleet development plan in accordance with the provisions of Resolution 02-05. This Plan shall be submitted to the Commission for information and record at the 2004/5 Sessions and should define, inter alia, the type, size and origin of the vessels and the programming of their introduction into the fisheries. 4. In relation to the foregoing, the Commission took note of the interests of the developing coastal States, in particular small island developing States and territories within the IOTC Convention Area whose economies depend largely on fisheries. 1 Including authorisations currently foreseen under administrative process 53 2003 1
IOTC-RES-03-02 IOTC Binding Misc In force Collection of Resolutions and Recommendations RESOLUTION 03/02 ON CRITERIA FOR ATTAINING THE STATUS OF CO­OPERATING NON­CONTRACTING PARTY The Indian Ocean Tuna Commission(IOTC), NOTING the imperative international responsibility concerning the conservation of the resources of tunas and tuna-like species in the Indian Ocean for the needs of present and future generations; NOTING that the sustainability can be ensured only if all the Parties which fish for these species cooperate with the Commission, which is the competent international body for the conservation and management of these species within its area of competence; BEARING IN MIND that the United Nations Conference on Straddling Stocks and Highly Migratory Fish Stocks has underlined the importance of ensuring the conservation and optimum utilisation of highly migratory species through the action of regional fishery bodies such as the IOTC; RECALLING the resolution of the Third Session of the IOTC concerning the registration and exchange of information on vessels, including those flying flags of convenience, which fish for tropical tunas in the area of competence; RECALLING ALSO the resolution of the Third Session of the IOTC on cooperation with non- Contracting Parties; ADOPTS, in conformity with the provisions of Article IX, paragraph 1, of the IOTC Agreement, that: 1. Each year, the Secretary shall contact all non-Contracting Parties known to be fishing in the IOTC Area for species under IOTC competence to urge them to become a Contracting Party to IOTC or attain the status of a Co-operating non-Contracting Party. In doing so, the Secretary shall provide a copy of all relevant Recommendations and Resolutions adopted by the Commission. 2. Any non-Contracting Party requesting the status of a co-operating non-Contracting Party shall apply to the Secretary. Requests must be received by the Executive Secretary no later than ninety (90) days in advance of an Annual Session of the Commission, to be considered at that meeting. 3. Non-Contracting Parties requesting the status of Co-operating non-Contracting Party shall provide the following information in order to have this status considered by the Commission: a) where available, data on its historical fisheries in the IOTC Area, including nominal catches, number/type of vessels, name of fishing vessels, fishing effort and fishing areas; b) all the data that Contracting Parties have to submit to IOTC based on the resolutions adopted by IOTC; c) details on current fishing presence in the IOTC Area, number of vessels and vessel characteristics and; d) information on any research programmes it may have conducted in the IOTC Area and the information and the results of this research. 4. An applicant for Co-operating non-Contracting Party shall also: a) confirm its commitment to respect the Commission’s conservation and management measures and; b) inform IOTC of the measures it takes to ensure compliance by its vessels of IOTC conservation and management measures 5. The Compliance Committee shall be responsible for reviewing requests for co-operating status and for recommending to the Commission whether or not an applicant should receive co-operating status. In this review, the Compliance Committee shall also consider information regarding the applicant available from other RFMOs as well as data submission of the applicant. Caution shall be used so as not to introduce into the IOTC Area the excessive fishing capacity of other regions or IUU fishing activities by granting cooperating status to the applicant. 6. Co-operating non-Contracting Parties status shall be annually reviewed and renewed unless revoked by the Commission due to non-compliance with IOTC conservation and management measures. 7. The Resolution 99/04 On the Status of Cooperating non-Contracting Parties, adopted at the 1999 Commission meeting, is substituted by this Resolution. 54 2003 1
IOTC-RES-03-03 IOTC Binding MCS In force Updated April 2010 RESOLUTION 03/03 CONCERNING THE AMENDMENT OF THE FORMS OF THE IOTC STATISTICAL DOCUMENTS The Indian Ocean Tuna Commission (IOTC), NOTING that the Resolution 02/05 “Concerning the Establishment of an IOTC Record of Vessels over 24 metres Authorised to Operate in the IOTC Area” prescribes that both exporting and importing CPC shall cooperate to ensure to avoid the forgery or misinformation of the statistical documents; RECOGNIZING that additional information such as vessel length is necessary for better implementation of Commission’s conservation and management measures and for the smooth implementation of the Resolution 02/05; ADOPTS, in accordance with paragraph 1 of Article IX of IOTC Agreement, that: The sample forms of the statistical documents and instruction sheets in the Resolution 01/06 “Recommendation by IOTC concerning the IOTC bigeye tuna statistical document programme” shall be replaced by the attached forms and instructions respectively. The Commission shall communicate with other relevant regional fishery management bodies which established the statistical document programs and the authorized vessel records and request them to implement the similar reform. 55 Collection of Resolutions and Recommendations APPENDIX 1: REQUIREMENTS CONCERNING THE IOTC BIGEYE TUNA STATISTICAL DOCUMENT 1. The sample form of the IOTC Bigeye Tuna Statistical Document shall be as in the Appendix. 2. Customs or other appropriate government officials will request and inspect all import documentation including the IOTC Bigeye Tuna Statistical Document for all bigeye tuna in the shipment. Those officials may also inspect the content of each shipment to verify the information on the document. 3. Only complete and valid documents will guarantee that shipments of bigeye tuna will be allowed to enter the territory of Contracting Parties. 4. Shipments of bigeye tuna that are accompanied by improperly documented Bigeye Tuna Statistical Documents (i.e., improperly documented means that the Bigeye Tuna Statistical Document is either missing from the shipment, incomplete, invalid or falsified) will be considered illegitimate shipments of bigeye tuna, that are contrary to IOTC conservation efforts, and their entry will be suspended (PENDING RECEIPT OF A PROPERLY COMPLETED DOCUMENT) into the territory of a Contracting Party or subject to administrative or other sanction. 5. The import of fish parts other than the meat, i.e., head, eyes, roe, guts, tails may be allowed without the document. 56 Updated April 2010 APPENDIX 1: DOCUMENT NUMBER IOTC BIGEYE TUNA STATISTICAL DOCUMENT EXPORT SECTION 1. FLAG OF COUNTRY/ENTITY/FISHING ENTITY 2. DESCRIPTION OF VESSEL AND REGISTRATION NUMBER (if applicable) Vessel Name Registration Number LOA (m) IOTC Record No. (if applicable) : 3. TRAPS (if applicable) 4. POINT OF EXPORT (City, State / Province, Country / Entity / Fishing Entity) 5. AREA OF CATCH (check one of the following) (a) Indian (b) Pacific (c) Atlantic * In case of (b) or (c) checked, the item 6 and 7 below do not need to be filled out. 6. DESCRIPTION OF FISH Product Type (*1) F/FR D/GG/DR/FL/OT Time of Harvest Gear Code (*2) (mm/yy) Net Weight (Kg) *1= F=Fresh, FR=Frozen, RD=Round, GG=Gilled and Gutted, DR=Dressed, FL=Fillet OT=Other, describe the type of product *2= When the Gear Code is OT, describe the type of gear, 7. EXPORTER CERTIFICATION I certify that the above information is complete, true, and correct to the best of my knowledge and belief. Name: Company name: Address: Signature: Date: License Number (if applicable): 8. GOVERNMENT VALIDATION I validate that information listed above is complete, true, and correct to the best of my knowledge and belief. Total weight of the shipment: Kg Name & Title: Signature: Date: Government Seal 57 Collection of Resolutions and Recommendations IMPORT SECTION: IMPORTER CERTIFICATION I certify that the above information is complete, true, and correct to the best of my knowledge and belief. Importer Certification (Intermediate Country / Entity / Fishing Entity) Name: Address: Signature: Date: License # (if applicable): Importer Certification (Intermediate Country / Entity / Fishing Entity) Name: Address: Signature: Date: License # (if applicable): Final Point of Import City: State/Province: Country / Entity / Fishing Entity: NOTE: If a language other than English or French is used in completing this form, please add an English translation of this document... 58 Updated April 2010 59 INSTRUCTIONS: D O C U M E N T NU M B E R: Block for the issuing Country to designate a country coded Document Number. (1) F L A G C O UN T R Y/E N T I T I ES/F ISH IN G E N T I T I ES: Fill in the name of the country of the vessel that harvested the bigeye tuna in the shipment and issued this Document. According to the Recommendation, only the flag state of the vessel that harvested the bigeye tuna in the shipment or, if the vessel is operating under a charter arrangement, the exporting state can issue this Document. (2) D ESC RIP T I O N O F V ESSE L (if applicable): Fill in the name and registration number, length overall(LOA) and IOTC Record number of the vessel that harvested the bigeye tuna in the shipment. (3) T R APS (if applicable): Fill in the name of the trap that harvested the bigeye tuna in the shipment. (4) PO IN T O F E XPO R T: Identify the City, State or Province, and Country from which the bigeye tuna was exported. (5)A R E A O F C A T C H : Check the area of catch. (If (c) or (d) checked, items 6 and 7 below do not need to be filled out.) (6) D ESC RIPT I O N O F F ISH : The exporter must provide, to the highest degree of accuracy, the following information. N O T E: One row should describe one product type (1) Product Type: Identify the type of product being shipped as either FRESH or FROZEN, and in ROUND, GILLED AND GUTTED, DRESSED, FILLET or OTHER form. For OTHER, describe the type of products in the shipment. (2) Time of Harvest: Fill in the time of harvest (in month and year) of the bigeye tuna in the shipment (3) Gear Code: Identify the gear type which was used to harvest the bigeye tuna using the list below. For OTHER TYPE, describe the type of gear, including farming. (4) Net product weight in kilograms. (5) E XPO R T E R C E R T I F I C A T I O N: The person or company exporting the bigeye tuna shipment must provide his/her name, company name, address, signature, date the shipment was exported, and dealer license number (if applicable). (6) G O V E RN M E N T V A L ID A T I O N: Fill in the name and full title of the official signing the Document. The official must be employed by a competent authority of the flag state government of the vessel that harvested the bigeye tuna appearing on the Document or other individual or institution authorized by the flag state. When appropriate, this requirement is waived according validation of the document by a government official, or if the vessel is operating under a charter arrangement, by a government official or other authorized individual or institution of the exporting state. The total weight of the shipment shall also be specified in this block. (7) I MPO R T E R C E R T I F I C A T I O N: The person or company that imports bigeye tuna must provide his/her name, address, signature, date the bigeye was imported, license number (if applicable), and final point of import. This includes imports into intermediate countries. For fresh and chilled products, the signature of the importer may be substituted by a person of a customs clearance company when the authority for signature is properly accredited to it by the importer. GEAR CODE: GEAR CODE GEAR TYPE, BB BAITBOAT GILL GILLNET HAND HANDLINE HARP HARPOON LL LONGLINE MWT MID-WATER TRAWL PS PURSE SEINE RR ROD AND REEL Collection of Resolutions and Recommendations SPHL SPORT HANDLINE SPOR SPORT FISHERIES UNCLASSIFIED SURF SURFACE FISHERIES UNCLASSIFIED TL TENDED LINE TRAP TRAP TROL TROLL UNCL UNSPECIFIED METHODS OT OTHER TYPE R E T URN A C OPY O F C O MPL E T E D D O C U M E N T T O : (the name of the office of the competent authority of the flag state). 60 Updated April 2010 APPENDIX 2: REQUIREMENTS CONCERNING THE IOTC BIGEYE TUNA RE­EXPORT CERTIFICATE 1. The sample form of the IOTC Bigeye Tuna Re-export Certificate shall be as in the Appendix. 2. Customs or other appropriate government officials will request and inspect all import documentation including the IOTC Bigeye Tuna Re-export Certificate for all bigeye tuna in the shipment. Those officials may also inspect the content of each shipment to verify the information on the document. 3. Only complete and valid documents will guarantee that shipments of bigeye tuna will be allowed to enter the territory of Contracting Parties. 4. A Contracting Party shall be free to validate IOTC Bigeye Tuna Re-export Certificates for bigeye tuna imported by that Contracting Party, to which IOTC Bigeye Tuna Statistical Documents or IOTC Bigeye Tuna Re-export Certificates are attached. IOTC Bigeye Tuna Re-export Certificates shall be validated by government organizations or by recognized institutions which are accredited by a Contracting Party's government to validate the IOTC Bigeye Tuna Statistical Document. A copy of the original Bigeye Tuna Statistical Document accompanying the imported bigeye tuna must be attached to an IOTC Bigeye Tuna Re-export Certificate. The copy of the original Bigeye Tuna Statistical Document so attached must be verified by that government organization or by that recognized institution accredited by a government which validated the IOTC Bigeye Tuna Statistical Document. When re-exported bigeye tuna is again re-exported, all copies of documents, including a verified copy of a Statistical Document and Re-export Certificate which accompanied that bigeye tuna upon importation, must be attached to a new Re-export Certificate to be validated by a re-exporting Contracting Party. All copies of the Documents to be attached to that new Re-export Certificate must be also be verified by a government organization or a recognized institution accredited by a government which validated the IOTC Bigeye Tuna Statistical Document. 5. Shipments of bigeye tuna that are accompanied by improperly documented Bigeye Tuna Re- export Certificate (i.e., improperly documented means that the Bigeye Tuna Re-export Certificate is either missing from the shipment, incomplete, invalid or falsified) will be considered illegitimate shipments of bigeye tuna, that are contrary to IOTC conservation efforts, and their entry will be suspended (PENDING RECEIPT OF A PROPERLY COMPLETED DOCUMENT) into the territory of a Contracting Party or subject to administrative or other sanction. 6. IOTC Contracting Parties that validate Re-export Certificates in accordance with the procedure set forth in paragraph 4 shall require from the re-exporting bigeye dealer necessary documents (e.g. written sales contracts) which are to certify that the bigeye tuna to be re-exported corresponds to the imported bigeye tuna. Contracting Parties which validate Re-export Certificates shall provide flag states and importing states with evidence of this correspondence upon their request. 7. The import of fish parts other than the meat, i.e., head, eyes, roe, guts, tails may be allowed without the document. 61 Collection of Resolutions and Recommendations APPENDIX 2: DOCUMENT NUMBER IOTC BIGEYE TUNA RE-EXPORT CERTIFICATE RE-EXPORT SECTION: 1.RE-EXPORTING COUNTRY / ENTITY / FISHING ENTITY 2.POINT OF RE-EXPORT 3.DESCRIPTION OF IMPORTED FISH Flag country/ Date of Import Entity/Fishing Entity Product Type(*) Net Weight F/FR RD/GG/DR/FL/OT (Kg) 4.DESCRIPTION OF FISH FOR RE-EXPORT Product Type(*) Net Weight F/FR RD/GG/DR/FL/OT (Kg) *F=FRESH, FR=Frozen, RD=Round, GG=Gilled and Gutted, DR=Dressed, FL=Fillet OT=Other(Describe the type of product) 5. RE-EXPORTER CERTIFICATION: I certify that the above information is complete, true and correct to the best of my knowledge and belief. Name/Company Name Address Signature Date License Number (if applicable) 6. GOVERNMENT VALIDATION: I validate that the above information is complete, true and correct to the best of my knowledge and belief. Name & Title Signature Date Government Seal IMPORT SECTION: 7. IMPORTER CERTIFICATION: I certify that the above information is complete, true and correct to the best of my knowledge and belief. Importer Certification (Intermediate Country / Entity / Fishing Entity) Name: Address: Signature: Date: License # (if applicable) Importer Certification (Intermediate Country / Entity / Fishing Entity) Name: Address: Signature: Date: License # (if applicable) Importer Certification (Intermediate Country / Entity / Fishing Entity) Name: Address: Signature: Date: License # (if applicable) Final Point of Import City: State/Province: Country / Entity / Fishing Entity: NOTE: If a language other than English or French is used in completing this form, please add the English translation of this document. 62 Updated April 2010 INSTRUCTIONS D O C U M E N T NU M B E R: Block for the issuing Country/Entity/Fishing Entity to designate a Country/Entity/Fishing Entity coded document number. (1) R E-E XPO R T IN G C O UN T R Y/E N T I T Y/F ISH IN G E N T I T Y Fill in the name of the Country/Entity/Fishing Entity which re-exports the bigeye tuna in the shipment and issued this Certificate. According to the Recommendation, only the re-exporting Country/Entity/Fishing Entity can issue this Certificate. (2) PO IN T O F R E-E XPO R T Identify the City/State Province and Country/Entity/Fishing Entity from which the bigeye tuna was re- exported. (3) D ESC RIPT I O N O F I MPO R T E D F ISH The exporter must provide, to the highest degree of accuracy, the following information: NOTE: One row should describe one product type. (1)Product type: Identify the type of product being shipped as either FRESH or FROZEN, and in ROUND, GILLED AND GUTTED, DRESSED, FILLET or OTHER form. For OTHER, describe the type of products in the shipment. (2) Net weight: Net product weight in kilograms. (3) Flag Country/Entity/Fishing Entity: the name of the Country/Entity/Fishing Entity of the vessel that harvested the bigeye tuna in the shipment. (4) Date of import: Imported date. (4) D ESC RIPT I O N O F F ISH F O R R E-E XPO R T The exported must provide, to the highest degree of accuracy, the following information: NOTE: One row should describe one product type. (1) Product type: Identify the type of product being shipped as either FRESH or FROZEN, and in ROUND, GILLED AND GUTTED, DRESSED FILLET or OTHER form. For OTHER, describe the type of products in the shipment. (2) Net weight: Net product weight in kilograms. (5) R E-E XPO R T E R C E R T I F I C A T I O N The person or company re-exporting the bigeye tuna shipment must provide his/her name, address, signature, date the shipment was re-exported, and re-exporter's license number (if applicable). (6) G O V E RN M E N T V A L ID A T I O N Fill in the name and full title of the official signing the Certificate. The official must be employed by a competent government authority of the re-exporting Country/Entity/Fishing Entity appearing on the Certificate, or other individual or institution authorized to validate such certificates by the competent government authority. (7) I MPO R T E R C E R T I F I C A T I O N The person or company that imports bigeye tuna must provide his/her name, address, signature, date the bigeye tuna was imported, license number (if applicable) and re-exported final point of import. This includes imports into intermediate Countries/Entities/Fishing Entities. For fresh and chilled products, the signature of the importer may be substituted by a person of a customs clearance company when the authority for signature is properly accredited to it by the importer. R E T URN A C OP Y O F T H E C O MPL E T E D C E R T I F I C A T E T O : (the name of the office of the competent authority of the re-exporting Country/Entity/Fishing Entity). 63 Collection of Resolutions and Recommendations APPENDIX 3: REPORT OF THE IOTC BIGEYE TUNA STATISTICAL DOCUMENT Period ________ to ________, ____ IMPORT COUNTRY/ENTITY/FISHING ENTITY _____________ Month Flag Country/Entity/ Fishing Entity Month Year A rea Gear Point of Export Product Type Product Code Code Wt.(Kg) F/FR RD/GG/DR/FL/OT Gear Code Gear Type BB Baitboat GILL Gillnet HAND Handline HARP Harpoon LL Longline MWT Mid-water trawl PS Purse seine RR Rod & reel SPHL Sport Handline SPOR Sport fisheries unclassified SURF Surface fisheries unclassified TL Tended line TRAP Trap TROL Troll UNCL Unclassified methods OTH Other type (Indicate the type of gear): Product type F Fresh FR Frozen RD Round AT Atlantic GG Gilled & gutted DR Dressed FL Fillet OT Other form, describe the type of products in the shipment Area Code ID Indian Ocean PA Pacific Ocean 64 Updated April 2010 REPORT OF THE IOTC BIGEYE TUNA RE­EXPORT CERTIFICATE Period ________ to ________, ____ IMPORT COUNTRY/ENTITY/FISHING ENTITY _____________ Month Month Year Point of Re- Product Type Product export Wt.(Kg) F/F R RD/G G/DR/F L/O T A rea Code ID Indian Ocean PA Pacific AT Atlantic Flag Country/Entity /Fishing Entity Product type F FR RD GG DR FL OT Re-export Country/Entity/F ishing Entity Fresh Frozen Round Gilled & gutted Dressed Fillet Other form, describe the type of products in the shipment 65 Collection of Resolutions and Recommendations APPENDIX 4: INFORMATION ON VALIDATION OF IOTC STATISTICAL DOCUMENTS 1. Flag 2. Government/Authority Organization(s) accredited to validate Statistical Documents O rganization Name O rganization Address Sample Seal NOTE: For each organization, attach a list with the names, titles and addresses of the individuals authorized to validate Documents. 3. Other institutions accredited by the government/authority to validate Statistical Documents O rganization Name O rganization Address Sample Seal NOTE: For each organization, attach a list with the names, titles and addresses of the individuals authorized to validate Documents. INSTRUCTIONS: Contracting Parties, non-Contracting Parties, Entities, Fishing Entities having vessels that harvest species whose international trade must be accompanied by Statistical Documents are requested to submit the information on this sheet to the Secretary of IOTC*, and to ensure that any changes to the above are also transmitted to the Secretary on a timely fashion. *IOTC; P.O.BOX 1011, Fishing Port, Victoria, Seychelles 66 2003 1
IOTC-REC-03-04 IOTC Voluntary MCS In force Collection of Resolutions and Recommendations RECOMMENDATION 03/04 CONCERNING ENHANCEMENT OF EFFECTIVENESS OF IOTC MEASURES TO ELIMINATE IUU ACTIVITIES IN THE IOTC AREA The Indian Ocean Tuna Commission (IOTC), RECALLING that the Commission adopted the Resolution 99/02 Calling for Actions against Fishing Activities by Large Scale Flag of Convenience Longline Vessels at its 4th Session; AWARE that further action was taken between Seychelles, Vanuatu and Japan to eliminate IUU large- scale tuna longline vessels (hereinafter referred to as “LSTLVs”); RECOMMENDS, in accordance with paragraph 8 of Article IX of the Agreement, that 1. The Commission endorses the cooperative management frameworks concluded between the flag States (Seychelles and Vanuatu) and Japan to legalize 69 IUU-LSTLVs reported by Japan as IOTC-S8- 03-13 (revised). 2. The Commission urges Seychelles, Vanuatu and Japan to implement the frameworks properly. 3. The Commission will be informed on an annual basis of the progress of the actions. 72 2003 A 1
IOTC-REC-03-05 IOTC Voluntary MCS In force Updated July 2011 RECOMMENDATION 03/05 CONCERNING TRADE MEASURES The Indian Ocean Tuna Commission (IOTC), RECALLING that the IOTC adopted Resolution 01/07 concerning its support of the IPOA-IUU Plan, CONSIDERING the need for action to ensure the effectiveness of the IOTC objectives; CONSIDERING the obligation of all Contracting Parties and Co-operating Non-contracting Parties (hereinafter CPCs) to respect the IOTC conservation and management measures; AWARE of the necessity for sustained efforts by CPCs to ensure the enforcement of IOTC‟s conservation and management measures, and the need to encourage non-Contracting Parties (hereinafter NCPs) to abide by these measures; NOTING that trade restrictive measures should be implemented only as last resort, where other measures have proven unsuccessful to prevent, deter and eliminate any act or omission that diminishes the effectiveness of IOTC conservation and management measures; ALSO NOTING that trade restrictive measures should be adopted and implemented in accordance with international law, including principles, rights and obligations established in WTO Agreements, and be implemented in a fair, transparent and non-discriminatory manner. RECOMMENDS, in accordance with the provisions of Article 9, paragraph 8 of the IOTC Agreement, that: 1. CPCs that import tuna and tuna-like fish products or in whose ports those products are landed, should collect and examine as much import or landing data and associated information as possible and submit the following information to the Commission each year: a) Names of the vessels that caught and produced such tuna or tuna-like species products, b) Flag States of those vessels, c) Species of tuna and tuna-like species of the products, d) Areas of catch (Indian Ocean, or other area), e) Product weight by product type, f) Points of export, g) Names and addresses of owners of the vessels, h) Registration 2. (a) The Commission, through the Compliance Committee should identify each year: (i) The CPCs who have failed to discharge their obligations under the IOTC Agreement in respect of IOTC conservation and management measures, in particular, by not taking measures or exercising effective control to ensure compliance with IOTC conservation and management measures by the vessels flying their flag; and/or (ii) The NCPs who have failed to discharge their obligations under international law to co-operate with IOTC in the conservation and management of tuna and tuna-like species, in particular, by not taking measures or exercising effective control to ensure that their vessels do not engage in any activity that undermines the effectiveness of IOTC conservation and management measures. 3. The Commission should request CPCs and NCPs concerned to rectify the act or omission identified under paragraph 2 so as not to diminish the effectiveness of the IOTC conservation and management measures. The Commission should notify identified CPCs and NCPs of the following: 73 Collection of Resolutions and Recommendations 4. CPCs are encouraged jointly and individually to request the CPC/NCPs concerned to rectify the act or omission identified under paragraph 2 so as not to diminish the effectiveness of the IOTC conservation and management measures 5. The Secretary should, by more than one means of communication, transmit the Commission's request to the identified CPC or NCP. The Secretary should seek to obtain confirmation from the CPC or the NCP that it received the notification. 6. The Compliance Committee should evaluate the response of the CPCs or NCPs, together with any new information, and propose to the Commission to decide upon one of the following actions: a) the revocation of the identification; b) the continuation of the identification status of the CPC or NCP; or c) the adoption of non-discriminatory trade restrictive measures. In the case of CPCs, actions such as the reduction of existing quotas or catch limits should be implemented to the extent possible before consideration is given to the application of trade restrictive measures. Trade measures should be considered only where such actions either have proven unsuccessful or would not be effective. 7. If the Commission decides upon the action described in paragraph 6 c), it should adopt, pursuant to Article IX paragraph 1 of the IOTC Agreement, to take non-discriminatory trade restrictive measures, consistent with their international obligations. The Commission should notify the CPCs and NCPs concerned of the decision and the underlying reasons in accordance with the procedures specified in paragraph 5. 8. CPCs should notify the Commission of any measures that they have taken for the implementation of the non-discriminatory trade restrictive measures adopted in accordance with paragraph 7. 9. In order for the Commission to adopt the lifting of trade restrictive measures, the Compliance Committee should review each year all trade restrictive measures adopted in accordance with paragraph 7. Should this review show that the situation has been rectified the Compliance Committee should recommend to the Commission the lifting of the non-discriminatory trade restrictive measures. Such decisions should also take into consideration whether the CPCs and/or NCPs concerned have taken concrete measures capable of achieving lasting improvements of the situation. 10. Where exceptional circumstances so warrant or where available information clearly shows that, despite the lifting of trade-restrictive measures, the CPC or NCP concerned continues to diminish the effectiveness of IOTC conservation and management measures, the Commission may immediately decide on action including, as appropriate, the imposition of trade-restrictive measures in accordance with paragraph 7. Before making such a decision, the Commission should request the CPC or NCP concerned to discontinue its wrongful conduct and should provide the CPC or NCP with a reasonable opportunity to respond. 11. The Commission should establish annually a list of CPCs and NCPs that have been subject to a trade restrictive measure pursuant to paragraph 7 and, with respect to NCPs, are considered as Non Co- operating Non Contracting Parties to IOTC. 74 2003 A 1
IOTC-RES-05-03 IOTC Binding MCS In force Collection of Resolutions and Recommendations RESOLUTION 05/05 CONCERNING THE CONSERVATION OF SHARKS CAUGHT IN ASSOCIATION WITH FISHERIES MANAGED BY IOTC The Indian Ocean Tuna Commission (I O T C), RECALLING that the United Nations Food and Agriculture Organisation (FAO) International Plan of Action of Sharks calls on States, within the framework of their respective competencies and consistent with international law, to cooperate through regional fisheries organisations with a view to ensuring the sustainability of shark stocks as well as to adopt a National Plan of Action for the conservation and management of sharks (defined as elasmobranchs); CONSIDERING that many sharks are part of pelagic ecosystems in the IOTC area, and that tunas and tuna-like species are captured in fisheries targeting sharks; RECOGNISING the need to collect data on catch, effort, discards and trade, as well as information on the biological parameters of many species, in order to conserve and manage sharks; ADOPTS, in accordance with paragraph 1 of Article IX of the IOTC Agreement that: 1. Contracting Parties, Cooperating non-Contracting Parties (CPCs) shall annually report data for catches of sharks, in accordance with IOTC data reporting procedures, including available historical data. 2. In 2006 the Scientific Committee (in collaboration with the Working Party on Bycatch) provide preliminary advice on the stock status of key shark species and propose a research plan and timeline for a comprehensive assessment of these stocks. 3. CPCs shall take the necessary measures to require that their fishermen fully utilise their entire catches of sharks. Full utilisation is defined as retention by the fishing vessel of all parts of the shark excepting head, guts and skins, to the point of first landing. 4. CPCs shall require their vessels to not have onboard fins that total more than 5 % of the weight of sharks onboard, up to the first point of landing. CPCs that currently do not require fins and carcasses to be offloaded together at the point of first landing shall take the necessary measures to ensure compliance with the 5 % ratio through certification, monitoring by an observer, or other appropriate measures. 5. The ratio of fin-to-body weight of sharks described in paragraph 4 shall be reviewed by the scientific committee and reported back to the Commission in 2006 for revision, if necessary. 6. Fishing vessels are prohibited from retaining on board, transhipping or landing any fins harvested in contravention of this Resolution. 7. In fisheries that are not directed at sharks, CPCs shall encourage the release of live sharks, especially juveniles and pregnant sharks, to the extent possible, that are caught incidentally and are not used for food and/or subsistence. 8. CPCs shall, where possible, undertake research to identify ways to make fishing gears more selective (such as the implications of avoiding the use of wire traces). 9. CPCs shall, where possible, conduct research to identify shark nursery areas. 10. The Commission shall consider appropriate assistance to developing CPCs for the collection of data on their shark catches. 11. This resolution applies only to sharks caught in association with fisheries managed by the IOTC. 12. This provision to apply without prejudice to many artisanal fisheries which traditionally do not discard carcasses. 78 2005 1
IOTC-RES-05-05 IOTC Binding Non-target species In force Collection of Resolutions and Recommendations RESOLUTION 05/05 CONCERNING THE CONSERVATION OF SHARKS CAUGHT IN ASSOCIATION WITH FISHERIES MANAGED BY IOTC The Indian Ocean Tuna Commission (I O T C), RECALLING that the United Nations Food and Agriculture Organisation (FAO) International Plan of Action of Sharks calls on States, within the framework of their respective competencies and consistent with international law, to cooperate through regional fisheries organisations with a view to ensuring the sustainability of shark stocks as well as to adopt a National Plan of Action for the conservation and management of sharks (defined as elasmobranchs); CONSIDERING that many sharks are part of pelagic ecosystems in the IOTC area, and that tunas and tuna-like species are captured in fisheries targeting sharks; RECOGNISING the need to collect data on catch, effort, discards and trade, as well as information on the biological parameters of many species, in order to conserve and manage sharks; ADOPTS, in accordance with paragraph 1 of Article IX of the IOTC Agreement that: 1. Contracting Parties, Cooperating non-Contracting Parties (CPCs) shall annually report data for catches of sharks, in accordance with IOTC data reporting procedures, including available historical data. 2. In 2006 the Scientific Committee (in collaboration with the Working Party on Bycatch) provide preliminary advice on the stock status of key shark species and propose a research plan and timeline for a comprehensive assessment of these stocks. 3. CPCs shall take the necessary measures to require that their fishermen fully utilise their entire catches of sharks. Full utilisation is defined as retention by the fishing vessel of all parts of the shark excepting head, guts and skins, to the point of first landing. 4. CPCs shall require their vessels to not have onboard fins that total more than 5 % of the weight of sharks onboard, up to the first point of landing. CPCs that currently do not require fins and carcasses to be offloaded together at the point of first landing shall take the necessary measures to ensure compliance with the 5 % ratio through certification, monitoring by an observer, or other appropriate measures. 5. The ratio of fin-to-body weight of sharks described in paragraph 4 shall be reviewed by the scientific committee and reported back to the Commission in 2006 for revision, if necessary. 6. Fishing vessels are prohibited from retaining on board, transhipping or landing any fins harvested in contravention of this Resolution. 7. In fisheries that are not directed at sharks, CPCs shall encourage the release of live sharks, especially juveniles and pregnant sharks, to the extent possible, that are caught incidentally and are not used for food and/or subsistence. 8. CPCs shall, where possible, undertake research to identify ways to make fishing gears more selective (such as the implications of avoiding the use of wire traces). 9. CPCs shall, where possible, conduct research to identify shark nursery areas. 10. The Commission shall consider appropriate assistance to developing CPCs for the collection of data on their shark catches. 11. This resolution applies only to sharks caught in association with fisheries managed by the IOTC. 12. This provision to apply without prejudice to many artisanal fisheries which traditionally do not discard carcasses. 78 2005 1
IOTC-RES-06-03 IOTC Binding MCS In force Updated April 2010 RESOLUTION 06/03 ON ESTABLISHING A VESSEL MONITORING SYSTEM PROGRAMME The Indian Ocean Tuna Commission (IOTC), TAKING NOTE of the results of the Intersessional Meeting on an Integrated Control and inspection scheme, held in Yaizu, Japan, from 27 to 29 March, 2001, RECOGNIZING the value of satellite-based Vessel Monitoring Systems (VMS) for the Commission’s conservation and management programmes, including compliance, RECOGNIZING IOTC Resolution 02/02 which called for the adoption of a pilot satellite-based vessel monitoring system (VMS) by 1st January 2004, TAKING NOTE that the Resolution 02/02 has allowed the progressive incorporation of these systems to accommodate Contracting Parties that lack sufficient capacity for immediate implementation at a national level, RECOGNISING that this Resolution 02/02 provides a process for developing States of the region to build the capacity to implement this Resolution, AWARE that many Parties have established VMS systems and programmes for their fleets and that their experience may be very helpful in supporting the conservation and management programmes of the Commission; ADOPTS in accordance with the provisions of Article IX paragraph 1 of the IOTC Agreement, that: 1. Each Contracting Party and Cooperating Non Contracting Party (CPC) shall adopt a satellite- based vessel monitoring system (VMS) for all vessels greater than 15 metres in length overall registered on the IOTC Record of Vessels which operate in the IOTC Area and which fish on the high seas (outside the fisheries jurisdiction of any coastal state) for species covered by the IOTC Agreement by 1 July 2007. 2. The Commission may establish guidelines for the registration, implementation and operation of VMS in the IOTC Area with a view to standardizing VMS adopted by CPCs. 3. Information collected shall include: a. the vessel identification; b. the current geographical position of the vessel (longitude, latitude) with a position error which shall be less than 500 metres, at a confidence level of 99%; and c. the date and time (expressed in UTC) of the fixing of the said position of the vessel. 4. Each CPC shall take the necessary measures to ensure that their land-based national Fisheries Monitoring Center (FMC) receives through the VMS the information required in paragraph 3, and that the FMC is equipped with computer hardware and software enabling automatic data processing and electronic data transmission. Each CPC shall provide for backup and recovery procedures in case of system failures. 5. Each CPC shall ensure that the information in paragraph 3 is transmitted to the FMC at least once every 4 hours. Each CPC shall ensure the masters of fishing vessels flying its flag ensure that the satellite tracking device(s) are at all times fully operational. 6. Each CPC as a Flag State shall ensure that the vessel monitoring device(s) on board its vessels are tamper resistant, that is, are of a type and configuration that prevent the input or output of false positions, and that they are not capable of being over-ridden, whether manually, electronically or otherwise. To this end, the on-board satellite monitoring device must: a. be located within a sealed unit; and b. be protected by official seals (or mechanisms) of a type that will indicate whether the unit has been accessed or tampered with. 97 Collection of Resolutions and Recommendations 7. The responsibilities concerning the satellite-tracking devices and requirements in case of technical failure or non-functioning of the satellite-tracking devices are established in Annex I. 8. Until 1 July 2008, fishing vessels referred to in paragraph 1 which are not yet equipped with VMS shall report to their FMC at least daily by email, facsimile, telex, telephone message or radio. Such reports must include, inter alia, information required in paragraph 3 when transmitting the report, to their competent authorities, as well as: a. the geographic position at the beginning of the fishing operation; b. the geographic position at the end of the fishing operation. 9. CPCs that cannot fulfill the obligations as outlined in this resolution shall report to the IOTC Secretariat (i) the systems and infrastructure and capabilities existing with respect to the implementation this resolution, and (ii) the hindrances for implementation of such a system and (iii) requirements for implementation. 10. Each CPC shall provide to the IOTC Secretariat, by 30 June each year, a report on the progress and implementation of its VMS programme in accordance with this resolution. The Secretariat shall compile reports prior to the annual Session of the Commission and present a report to the Compliance Committee. Based on these reports, the Commission will discuss how best to proceed with future consideration of VMS to support its conservation and management measures. 11. CPCs are encouraged to extend the application of this Resolution to their fishing vessels not provided for in paragraph 1 if they consider this to be appropriate to ensure the effectiveness of IOTC conservation and management measures. 12. Resolution 02/02 Relating to the Establishment of a Vessel Monitoring System Pilot Programme is superseded by this Resolution. 98 Updated April 2010 RESOLUTION 06/03 ­ ANNEX 1 RESPONSIBILITIES CONCERNING THE SATELLITE­TRACKING DEVICES AND REQUIREMENTS IN CASE OF TECHNICAL FAILURE OR NON­FUNCTIONING OF THE SATELLITE­TRACKING DEVICES A) In the event that a CPC has information to suspect that on-board vessel monitoring device(s) do not meet the requirements of paragraph 2, or have been tampered with, it shall immediately notify the Secretary and the vessel’s Flag State. B) Masters and owners/licensees of fishing vessels subject to VMS shall ensure that the vessel monitoring device(s) on board their vessels within the IOTC Area are at all times fully operational. Masters and owners/licensees shall in particular ensure that: a) VMS reports and messages are not altered in any way; b) the antennae connected to the satellite monitoring device(s) are not obstructed in any way; c) the power supply of the satellite monitoring device(s) is not interrupted in any way; and d) the vessel monitoring device(s) are not removed from the vessel. C) A vessel monitoring device shall be active within the IOTC Area. It may, however, be switched off when the fishing vessel is in port for a period of more than one week, subject to prior notification to, and approval of, the Flag State, and if the Flag State so desires also to the Secretariat, provided that the first position report generated following the re-powering (activating) shows that the fishing vessel has not changed position compared to the last report. D) In the event of a technical failure or non-operation of the satellite tracking device fitted on board a fishing vessel, the device shall be repaired or replaced within one month. After this period, the master of a fishing vessel is not authorized to commence a fishing trip with a defective satellite tracking device. Furthermore, when a device stops functioning or has a technical failure during a fishing trip lasting more than one month, the repair or the replacement has to take place as soon as the vessel enters a port; the fishing vessel shall not be authorized to commence a fishing trip without the satellite tracking device having been repaired or replaced. E) In the event of a technical failure or non-functioning of the vessel monitoring device on board the fishing vessel, the master or the owner of the vessel, or their representative, shall communicate immediately to the FMC of the Flag State, and if the Flag State so desires also to the Secretariat, stating the time that the failure or the non-functioning was detected or notified in accordance with paragraph F of this Annex. In the event of a technical failure or non- functioning of the vessel monitoring device on board the fishing vessel, the master or the owner of the vessel, or their representative, shall also communicate to the FMC of the Flag State the information required in paragraph 3 of the Resolution every four hours, by email, facsimile, telex, telephone message or radio. F) When the Flag State has not received for 12 hours data transmissions referred to in paragraphs 5 of the Resolution and E of this Annex, or has reasons to doubt the correctness of the data transmissions under paragraphs 5 of the Resolution and E of this Annex, it shall as soon as possible notify the master or the owner or the representative thereof. If this situation occurs more than two times within a period of one year in respect of a particular vessel, the Flag State of the vessel shall investigate the matter, including having an authorised official check the device in question, in order to establish whether the equipment has been tampered with. The outcome of this investigation shall be forwarded to the IOTC Secretariat within 30 days of its completion. G) With regard to paragraphs E and F of this Annex, each CPC shall, as soon as possible but no later than two working days following detection or notification of technical failure or non- functioning of the vessel monitoring device on board the fishing vessel, forward the geographical positions of the vessel to the Secretariat, or shall ensure that these positions are forwarded to the Secretariat by the master or the owner of the vessel, or their representative. 99 2006 1
IOTC-RES-07-01 IOTC Binding MCS In force Updated April 2010 RESOLUTION 07/01 TO PROMOTE COMPLIANCE BY NATIONALS OF CONTRACTING PARTIES AND COOPERATING NON­CONTRACTING PARTIES WITH IOTC CONSERVATION AND MANAGEMENT MEASURES The Indian Ocean Tuna Commission (I O T C), CONVINCED that illegal, unreported and unregulated (IUU) fishing compromises the objectives of the Agreement for the Establishment of the IOTC, CONCERNED that some flag States do not comply with their obligations regarding jurisdiction and control according to international law in respect of fishing vessels entitled to fly their flag that carry out their activities in the IOTC Area of Competence, and that as a result these vessels are not under the effective control of such flag States, AWARE that the lack of effective control facilitates fishing by these vessels in the Area of Competence in a manner that undermines the effectiveness of IOTC conservation and management measures, and can lead to IUU fishing activities, CONCERNED that vessels that carry out activities in the Area of Competence which do not comply with the IOTC conservation and management measures are benefiting from the support provided by persons subject to the jurisdiction of Contracting Parties and Cooperating non-Contracting Parties (CPCs), including, inter alia, through participation in transhipment, transport and trade of illegally harvested catches or engagement on board or in the management of these vessels, NOTING that the FAO International Plan of Action to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing calls on States to take measures to discourage nationals subject to their jurisdiction from supporting and engaging in any activity that undermines the effectiveness of international conservation and management measures, RECALLING that CPCs should cooperate in taking appropriate action to deter any activities which are not consistent with the objective of the Agreement, DESIRING, as a first step, to enhance cooperation between CPCs through facilitating measures being taken against natural or legal persons, subject to their jurisdiction, that have engaged in IUU fishing activities; ADOPTS, in accordance with paragraph 1 of Article IX of the IOTC Agreement, that: 1. Without prejudice to the primacy of the responsibility of the flag State, the CPCs shall take appropriate measures, subject to and in accordance with their applicable laws and regulations: (i) to investigate allegations and/or reports concerning the engagement of any natural or legal persons subject to their jurisdiction in the activities described, inter alia, in paragraph 1 of the Resolution 06/01 on Establishing a List of Vessels Presumed to Have Carried Out Illegal, Unreported and Unregulated Fishing in the IOTC Area; (ii) to take actions in response to any verified activities referred to in paragraph 1(i); and (iii) to cooperate for the purpose of implementing the measures and actions referred to in paragraph 1(i). To this end, relevant agencies of CPCs should cooperate to implement IOTC conservation and management measures and CPCs shall seek the cooperation of the industries within their jurisdiction. 2. To assist with the implementation of this Resolution, CPCs shall submit reports subject to the national laws of confidentiality to the IOTC Secretariat and other CPCs on the actions and measures taken in accordance with paragraph 1, in a timely fashion. 3. These provisions shall be applicable from 1 July 2008. CPCs may voluntarily decide to implement these provisions prior to this date. 105 2007 1
IOTC-RES-07-02 IOTC Binding MCS In force Collection of Resolutions and Recommendations RESOLUTION 07/02 CONCERNING THE ESTABLISHMENT OF AN IOTC RECORD OF VESSELS AUTHORISED TO OPERATE IN THE IOTC AREA The Indian Ocean Tuna Commission (I O T C), RECALLING that IOTC has been taking various measures to prevent, deter and eliminate the IUU fisheries conducted by large-scale tuna fishing vessels, FURTHER RECALLING that IOTC adopted the Resolution 01/06. Recommendation Concerning the IOTC Bigeye Tuna Statistical Document Programme at its 2001 meeting, FURTHER RECALLING that IOTC adopted the Resolution 01/02 Relating to Control of Fishing Activities at its 2001 meeting, NOTING that large-scale fishing vessels are highly mobile and easily change fishing grounds from one ocean to another, and have high potential to operate in the IOTC Area without timely registration with the Commission, RECALLING that the FAO Council adopted on 23 June 2001 an International Plan of Action aiming to prevent, to deter and to eliminate illegal, unregulated and unreported fishing (IPOA), that this plan stipulates that the regional fisheries management organization should take action to strengthen and develop innovative ways, in conformity with international law, to prevent, deter and eliminate IUU fishing and in particular to establish records of vessels authorized and records of vessels engaged in IUU fishing, RECOGNIZING the need to take further measures to effectively eliminate the IUU large scale tuna fishing vessels; ADOPTS, in accordance with paragraph 1 of Article IX of the IOTC Agreement, that: 1. The Commission shall establish and maintain an IOTC Record of fishing vessels that are: a) larger than 24 metres in length overall, or b) in case of vessels less than 24m, those operating in waters outside the economic exclusive zone of the flag state, and that are authorised to fish for tuna and tuna-like species in the IOTC Area (hereinafter referred to as ‘authorized fishing vessels’, or AFVs). For the purpose of this Resolution, AFVs that are not entered into the Record are deemed not to be authorised to fish for, retain on board, tranship or land tuna and tuna-like species. 2. Each Contracting Party, and Cooperating non-Contracting Party (hereinafter referred to as "CPCs") shall submit electronically, where possible, to the Secretary by 1 July 2003 for those vessels referred to 1.a) and 1 July 2006 for those vessels referred to 1.b), the list of its AFVs that are authorised to operate in the IOTC Area. This list shall include the following information: - Name of vessel(s), register number(s); - IMO number if available - Previous name(s) (if any); - Previous flag(s) (if any); - Previous details of deletion from other registries (if any); - International radio call sign(s) (if any); - Operating port - Type of vessel(s), length and gross tonnage (GT); - Name and address of owner(s) and operator(s); - Gear(s) used; - Time period(s) authorised for fishing and/or transhipping. 106 Updated April 2010 CPCs shall indicate, when initially submitting their list of vessels according to this paragraph, which vessels are newly added or meant to replace vessels currently on their list submitted to IOTC pursuant to the Resolution 01/02 Relating to Control of Fishing Activities. The initial IOTC record shall consist of all the lists submitted under this paragraph. 3. Each CPC shall promptly notify, after the establishment of the initial IOTC Record, the IOTC Secretary of any addition to, any deletion from and/or any modification of the IOTC Record at any time such changes occur. 4. The IOTC Secretary shall maintain the IOTC Record, and take any measure to ensure publicity of the Record and through electronic means, including placing it on the IOTC website, in a manner consistent with confidentiality requirements noted by CPCs. 5. The flag CPCs of the vessels on the record shall: a) authorise their AFVs to operate in the IOTC Area only if they are able to fulfil in respect of these vessels the requirements and responsibilities under the IOTC Agreement and its conservation and management measures; b) take necessary measures to ensure that their AFVs comply with all the relevant IOTC conservation and management measures; c) take necessary measures to ensure that their AFVs on the IOTC Record keep on board valid certificates of vessel registration and valid authorisation to fish and/or tranship; d) ensure that their AFVs on the IOTC Record have no history of IUU fishing activities or that, if those vessels have such history, the new owners have provided sufficient evidence demonstrating that the previous owners and operators have no legal, beneficial or financial interest in, or control over those vessels, or that having taken into account all relevant facts, their AFVs are not engaged in or associated with IUU fishing; e) ensure, to the extent possible under domestic law, that the owners and operators of their AFVs on the IOTC Record are not engaged in or associated with tuna fishing activities conducted by AFVs not entered into the IOTC Record in the IOTC Area; f) take necessary measures to ensure, to the extent possible under domestic law, that the owners of the AFVs on the IOTC Record are citizens or legal entities within the flag CPCs so that any control or punitive actions can be effectively taken against them. 6. CPCs shall review their own internal actions and measures taken pursuant to paragraph 5, including punitive and sanction actions and in a manner consistent with domestic law as regards disclosure, report the results of the review to the Commission at its 2003 meeting and annually thereafter. In consideration of the results of such review, the Commission shall, if appropriate, request the flag CPCs of AFVS on the IOTC record to take further action to enhance compliance by those vessels to IOTC conservation and management measures. 7. a) CPCs shall take measures, under their applicable legislation, to prohibit the fishing for, the retaining on board, the transhipment and landing of tuna and tuna-like species by the AFVs which are not entered into the IOTC Record. b) To ensure the effectiveness of the IOTC conservation and management measures pertaining to species covered by Statistical Document Programs: i) Flag CPCs shall validate statistical documents only for the AFVs on the IOTC Record, ii) CPCs shall require that the species covered by Statistical Document Programs caught by AFVs in the IOTC Area, when imported into the territory of a Contracting Party be accompanied by statistical documents validated for the vessels on the IOTC Record and, 107 Collection of Resolutions and Recommendations iii) CPCs importing species covered by Statistical Document Programs and the flag States of vessels shall co-operate to ensure that statistical documents are not forged or do not contain misinformation. 8. Each CPC shall notify the Secretary of any factual information showing that there are reasonable grounds for suspecting AFVs not on the IOTC Record to be engaged in fishing for and/or transhipment of tuna and tuna-like species in the IOTC Area. 9. a) If a vessel mentioned in paragraph 8 is flying the flag of a CPC, the Secretary shall request that Party to take measures necessary to prevent the vessel from fishing for tuna and tuna-like species in the IOTC Area. b) If the flag of a vessel mentioned in paragraph 8 cannot be determined or is of a non- Contracting Party without cooperating status, the Secretary shall compile such information for future consideration by the Commission. 10. The Commission and the CPCs concerned shall communicate with each other, and make the best effort with FAO and other relevant regional fishery management bodies to develop and implement appropriate measures, where feasible, including the establishment of records of a similar nature in a timely manner so as to avoid adverse effects upon tuna resources in other oceans. Such adverse effects might consist of excessive fishing pressure resulting from a shift of the IUU AFVs from the Indian Ocean to other oceans. 11. Paragraph 1 of the Resolution 01/02 Relating to Control of Fishing Activities adopted at the 2001 Commission meeting is no more effective when this resolution is entered into force, while paragraph 2,3,4 and 5 of the said Resolution shall stand as they are. 12. Paragraph 1 b) shall apply initially to longline and purse seine fishing vessels. 13. Resolution 05/02 Concerning the establishment of an IOTC record of vessels authorised to operate in the IOTC area is superseded by this Resolution. 108 2007 1
IOTC-RES-08-02 IOTC Binding MCS Superseded Updated April 2010 RESOLUTION 08/02 ON ESTABLISHING A PROGRAMME FOR TRANSHIPMENT BY LARGE­SCALE FISHING VESSELS The Indian Ocean Tuna Commission, TAKING ACCOUNT of the need to combat illegal, unregulated and unreported (IUU) fishing activities because they undermine the effectiveness of the conservation and management measures already adopted by IOTC; EXPRESSING GRAVE CONCERN that organized tuna laundering operations have been conducted and a significant amount of catches by IUU fishing vessels have been transhipped under the names of duly licensed fishing vessels; IN VIEW THEREFORE OF THE NEED to ensure the monitoring of the transhipment activities by large-scale longline vessels in the Convention area, including the control of their landings; TAKING ACCOUNT of the need to collect catch data of such large scale long-line tuna to improve the scientific assessments of those stocks; ADOPTS, in accordance with paragraph 1 of Article IX of the IOTC Agreement, that: SE C T I O N 1. G E N E R A L RU L E 1. Except under the special conditions outlined below in Section 2 for transhipment operations at sea, all transhipment operations of tuna and tuna like species in the IOTC Area must take place in port. 2. The Flag Contracting Party, Cooperating non Contracting Party (CPCs) shall take the necessary measures to ensure that large scale tuna vessels (hereafter referred as the “LSTVs”) flying their flag comply with the obligations set out in Annex 1 when transhipping in port. SE C T I O N 2. PR O G R A M M E T O M O NI T O R T R A NSH IP M E N TS A T SE A 3. The Commission hereby establishes a programme to monitor transhipment at sea which applies initially to large-scale tuna longline fishing vessels (hereafter referred to as the “LSTLVs”) and to carrier vessels authorised to receive transhipments from these vessels at sea. The Commission shall at its 2010 Annual Meeting, review and, as appropriate, revise this Resolution. 4. The CPCs that flag LSTLVs shall determine whether or not to authorize their LSTLVs to tranship at sea. However, if the flag CPC authorizes the at-sea transhipment by its flag LSTLVs, such transhipment should be conducted in accordance with the procedures defined in Sections 3, 4 and 5, and annexes 2 and 3 below. SE C T I O N 3. R E C O RD O F V ESSE LS A U T H O RISE D T O R E C E I V E T R A NSH IPM E N TS- A T-SE A IN T H E I O T C A R E A 5. The Commission shall establish and maintain an IOTC Record of Carrier Vessels authorized to receive tuna and tuna-like species at sea in the IOTC Area from LSTLVs. For the purposes of this Resolution, carrier vessels not entered on the record are deemed not to be authorized to receive tuna and tuna-like species in at-sea transhipment operations. 6. Each CPC shall submit, electronically where possible, to the IOTC Secretary by 1 July 2008 the list of the carrier vessels that are authorized to receive at-sea transhipments from its LSTLVs in the IOTC Area. This list shall include the following information: i) The flag of the vessel ii) Name of vessel, register number iii) Previous name (if any) iv) Previous flag (if any) v) Previous details of deletion from other registries (if any) vi) International radio call sign 119 Collection of Resolutions and Recommendations vii) Type of vessels, length, gross tonnage (GT) and carrying capacity viii) Name and address of owner(s) and operator(s) ix) Time period authorised for transhipping 7. Each CPC shall promptly notify the IOTC Secretary, after the establishment of the initial IOTC Record, of any addition to, any deletion from and/or any modification of the IOTC Record, at any time such changes occur. 8. The IOTC Secretary shall maintain the IOTC Record and take measures to ensure publicity of the record and through electronic means, including placing it on the IOTC website, in a manner consistent with confidentiality requirements notified by CPCs for their vessels. 9. Carrier vessels authorized for at-sea transhipment shall be required to install and operate a Vessel Monitoring System (VMS). SE C T I O N 4. A T-SE A T R A NSH IPM E N T 10. Transhipments by LSTLVs in waters under the jurisdiction of the CPCs are subject to prior authorization from the Coastal State concerned. CPCs shall take the necessary measures to ensure that LSTLVs flying their flag comply with the following conditions: Flag State Authorization 11. LSTLVs are not authorized to tranship at sea, unless they have obtained prior authorization from their Flag State. Notification obligations F ishing vessel: 12. To receive the prior authorization mentioned in paragraph 11 above, the master and/or owner of the LSTLV must notify the following information to its Flag State authorities at least 24 hours in advance of an intended transhipment: a) The name of the LSTLV and its number in the IOTC Record of Vessels, b) The name of the carrier vessel and its number in the IOTC Record of Carrier Vessels authorized to receive transhipments in the IOTC area, and the product to be transhipped, c) The tonnage by product to be transhipped, d) The date and location of transhipment, e) The geographic location of the tuna catches 13. The LSTLV concerned shall complete and transmit to its flag State, not later than 15 days after the transhipment, the IOTC transhipment declaration, along with its number in the IOTC record of fishing vessels, in accordance with the format set out in Annex 2. Receiving carrier vessel: 14. The master of the receiving carrier vessel shall complete and transmit the IOTC transhipment declaration to the IOTC Secretariat and the flag CPC of the LSTLV, along with its number in the IOTC Record of Carrier Vessels authorized to receive transhipment in the IOTC area, within 24 hours of the completion of the transhipment. 15. The master of the receiving carrier vessel shall, 48 hours before landing, transmit an IOTC transhipment declaration, along with its number in the IOTC Record of Carrier Vessels authorized to receive transhipment in the IOTC area, to the competent authorities of the State where the landing takes place. Regional Observer Programme 16. Each CPC shall ensure that all carrier vessels transhipping at sea have on board an IOTC observer, not later than 1 January 2009, in accordance with the IOTC Regional Observer Programme in Annex 3. The IOTC observer shall observe the compliance with this 120 Updated April 2010 Resolution, and notably that the transhipped quantities are consistent with the reported catch in the IOTC transhipment declaration. 17. Vessels shall be prohibited from commencing or continuing at-sea transhipping in the IOTC area without an IOTC regional observer on board, except in cases of ‘force majeure’ duly notified to the IOTC Secretariat. SE C T I O N 5 G E N E R A L PR O V ISI O NS 18. To ensure the effectiveness of the IOTC conservation and management measures pertaining to species covered by Statistical Document Programs: a) In validating the Statistical Document, Flag CPCs of LSTLVs shall ensure that transhipments are consistent with the reported catch amount by each LSTLV. b) The Flag CPC of LSTLVs shall validate the Statistical Documents for the transhipped fish, after confirming that the transhipment was conducted in accordance with this Resolution. This confirmation shall be based on the information obtained through the IOTC Observer Programme. c) CPCs shall require that the species covered by the Statistical Document Programs caught by LSTLVs in the Convention area, when imported into the territory of a Contracting Party, be accompanied by statistical documents validated for the vessels on the IOTC record and a copy of the IOTC transhipment declaration. 19. The CPCs shall report annually before 15 September to the Secretary: a) The quantities by species transhipped during the previous year. b) The list of the LSTLVs registered in the IOTC Record of Fishing Vessels which have transhipped during the previous year. c) A comprehensive report assessing the content and conclusions of the reports of the observers assigned to carrier vessels which have received transhipment from their LSTLVs. 20. All tuna and tuna-like species landed or imported into the CPCs either unprocessed or after having been processed on board and which are transhipped, shall be accompanied by the IOTC transhipment declaration until the first sale has taken place. 21. Each year, the Secretary shall present a report on the implementation of this Resolution to the annual meeting of the Commission which shall review compliance with this Resolution. 22. These provisions will be applicable from July 1st, 2008. 23. Resolution 06/02 On establishing a programme for transhipment by large-scale fishing vessels is superseded by this Resolution. 121 Collection of Resolutions and Recommendations RESOLUTION 08/02 ­ ANNEX 1 CONDITIONS RELATING TO IN­PORT TRANSHIPMENT BY LSTVS General 1 Transhipment operations in port may only be undertaken in accordance with the procedures detailed below: Notification obligations 2 Fishing vessel: 2.1 Prior to transhipping, the Captain of the LSTV must notify the following information to the Port State authorities, at least 48 hours in advance: a) the name of the LSTV and its number in the IOTC record of fishing vessels, b) the name of the carrier vessel, and the product to be transhipped, c) the tonnage by product to be transhipped, d) the date and location of transhipment, e) the major fishing grounds of the tuna and tuna like species catches 2.2 The Captain of a LSTV shall, at the time of the transhipment, inform its Flag State of the following; a) The products and quantities involved b) the date and place of the transhipment c) the name, registration number and flag of the receiving carrier vessel d) the geographic location of the tuna and tuna like species catches. 2.3 The captain of the LSTV concerned shall complete and transmit to its Flag State the IOTC transhipment declaration, along with its number in the IOTC Record of Fishing Vessels, in accordance with the format set out in Annex 2 not later than 15 days after the transhipment. Receiving vessel: 3 Not later than 24 hours before the beginning and at the end of the transhipment, the master of the receiving carrier vessel shall inform the Port State authorities of the quantities of tuna and tuna- like species transhipped to his vessel, and complete and transmit the IOTC transhipment declaration, to the competent authorities within 24 hours. Landing State: 4 The master of the receiving carrier vessel shall, 48 hours before landing, complete and transmit an IOTC transhipment declaration, to the competent authorities of the Landing State where the landing takes place. 5 The Port State and the Landing State referred to in the above paragraphs shall take the appropriate measures to verify the accuracy of the information received and shall cooperate with the flag CPC of the LSTV to ensure that landings are consistent with the reported catches amount of each vessel. This verification shall be carried out so that the vessel suffers the minimum interference and inconvenience and that degradation of the fish is avoided. 6 Each flag CPC of the LSTV shall include in its annual report each year to IOTC the details on the transhipments by its vessels. 122 Updated April 2010 RESOLUTION 08/02 ­ A NN E X 2 I O T C T R A NSH IPM E N T D E C L A R A T I O N Carrier Vessel Fishing Vessel Name of the Vessel and Radio Call Sign: Name of the Vessel and Radio Call Sign: Flag: Flag: Flag state license number: Flag state license number: National Register Number, if available: National Register Number, if available: IOTC Register Number, if available: IOTC Register Number, if available: Day Month Hour Year 2_ 0_ __ __ Agent’s name: Master’s name of LSTV: Master’s name of Carrier: Departure __ __ __ __ __ __ from __________ Return __ __ __ __ __ __ to __________ Signature: Signature: Signature : Transhipment __ __ __ __ __ __ __________ Indicate the weight in kilograms or the unit used (e.g. box, basket) and the landed weight in kilograms of this unit: ____________ kilograms LOCATION OF TRANSHIPMENT Species Port Sea Type of product Whole Gutted Headed Filleted If transhipment effected at sea, IOTC Observer Name and Signature: 123 Collection of Resolutions and Recommendations RESOLUTION 08/02 ­ A NN E X 3 IOTC REGIONAL OBSERVER PROGRAMME 1 Each CPC shall require carrier vessels included in the IOTC Record of Carrier Vessels authorised to receive transhipments in the IOTC Area and which tranship at sea, to carry an IOTC observer during each transhipment operation in the Convention area. 2 The Secretary shall appoint the observers and shall place them on board the carrier vessels authorized to receive transhipments in the IOTC Area from LSTLVs flying the flag of Contracting Parties and of Cooperating non-Contracting Parties that implement the IOTC observer program. Designation of the observers 3 The designated observers shall have the following qualifications to accomplish their tasks: a) sufficient experience to identify species and fishing gear; b) satisfactory knowledge of the IOTC conservation and management measures; c) the ability to observe and record information accurately; d) a satisfactory knowledge of the language of the flag of the vessel observed. Obligations of the observer 4 Observers shall: a) have completed the technical training required by the guidelines established by IOTC; b) not be, to the extent possible, nationals of the flag State of the receiving carrier vessel; c) be capable of performing the duties set forth in point 5 below; d) be included in the list of observers maintained by the Secretariat of the Commission; e) not be a crew member of an LSTLV or an employee of an LSTLV company. 5 The observer tasks shall be in particular to: a) On the Fishing Vessel intending to tranship to the carrier vessel and before the transhipment takes place, the observer shall: i. check the validity of the fishing vessel’s authorisation or licence to fish tuna and tuna like species in the IOTC area; ii. check and note the total quantity of catch on board, and the quantity to be transferred to the carrier vessel; iii. check that the VMS is functioning and examine the logbook; iv. verify whether any of the catch on board resulted from transfers from other vessels, and check documentation on such transfers; v. in the case of an indication that there are any violations involving the fishing vessel, immediately report the violations to the carrier vessel master. vi. report the results of these duties on the fishing vessel in the observer’s report. b) On the Carrier Vessel: Monitor the carrier vessel’s compliance with the relevant conservation and management measures adopted by the Commission. In particular the observers shall: i. record and report upon the transhipment activities carried out; ii. verify the position of the vessel when engaged in transhipping; 124 Updated April 2010 iii. observe and estimate products transhipped; iv. verify and record the name of the LSTLV concerned and its IOTC number; v. verify the data contained in the transhipment declaration; vi. certify the data contained in the transhipment declaration; vii. countersign the transhipment declaration; viii. issue a daily report of the carrier vessel’s transhipping activities; ix. establish general reports compiling the information collected in accordance with this paragraph and provide the captain the opportunity to include therein any relevant information. x. submit to the Secretariat the aforementioned general report within 20 days from the end of the period of observation. xi. exercise any other functions as defined by the Commission. 6 Observers shall treat as confidential all information with respect to the fishing operations of the LSTLVs and of the LSTLVs owners and accept this requirement in writing as a condition of appointment as an observer; 7 Observers shall comply with requirements established in the laws and regulations of the flag State which exercises jurisdiction over the vessel to which the observer is assigned. 8 Observers shall respect the hierarchy and general rules of behavior which apply to all vessel personnel, provided such rules do not interfere with the duties of the observer under this program, and with the obligations of vessel personnel set forth in paragraph 9 of this program. Obligations of the Flag States of carrier vessels 9 The responsibilities regarding observers of the flag States of the carrier vessels and their captains shall include the following, notably: a) Observers shall be allowed access to the vessel personnel and to the gear and equipment; b) Upon request, observers shall also be allowed access to the following equipment, if present on the vessels to which they are assigned, in order to facilitate the carrying out of their duties set forth in paragraph 5: i. Satellite navigation equipment; ii. Radar display viewing screens when in use; iii. Electronic means of communication; c) Observers shall be provided accommodation, including lodging, food and adequate sanitary facilities, equal to those of officers; d) Observers shall be provided with adequate space on the bridge or pilot house for clerical work, as well as space on deck adequate for carrying out observer duties; and e) The flag States shall ensure that captains, crew and vessel owners do not obstruct, intimidate, interfere with, influence, bribe or attempt to bribe an observer in the performance of his/her duties. 10 The Secretary, in a manner consistent with any applicable confidentiality requirements, is requested to provide to the flag State of the carrier vessel under whose jurisdiction the vessel transhipped and to the Flag CPC of the LSTLV, copies of all raw data, summaries, and reports pertaining to the trip. Obligations of LST L V during transhipment 11 Observers shall be allowed to visit the fishing vessel, if weather conditions permit it, and access shall be granted to personnel and areas of the vessel necessary to carry out their duties set forth in paragraph 5. 12 The Secretary shall submit the observer reports to the Compliance Committee and to the Scientific Committee. 125 Collection of Resolutions and Recommendations Observer fees 13 The costs of implementing this program shall be financed by the flag CPCs of LSTLVs wishing to engage in transhipment operations. The fee shall be calculated on the basis of the total costs of the program. This fee shall be paid into a special account of the IOTC Secretariat and the IOTC Secretary shall manage the account for implementing the program; 14 No observer shall be assigned to a vessel for which the fees, as required under paragraph 13, have not been paid. 126 2008 1
IOTC-RES-08-04 IOTC Binding MCS In force Updated April 2010 RESOLUTION 08/04 CONCERNING THE RECORDING OF CATCH BY LONGLINE FISHING VESSELS IN THE IOTC AREA The Indian Ocean Tuna Commission (I O T C), TAKING NOTE of the results of the Inter-sessional Meeting on an Integrated Control and Inspection Scheme held in Yaizu, Japan from 27 to 29 March 2001; CONSIDERING the provisions set forth in Resolution 01/05 Mandatory Statistical Requirements for IOTC Members, and in particular the requirements set out for surface fisheries/purse-seine fleets adopted by the Commission in 2001; CONSIDERING the deliberations of the 9th Session of the IOTC Scientific Committee held in Victoria, Seychelles from 6 to 10 November 2006 where it agreed that a standardised logbook would be advantageous and agreed on the minimum data requirements for all purse-seine and bait boat fleets operating in the IOTC Area of Competence, in order to harmonize data gathering and provide a common basis for scientific analysis for all IOTC Contracting Parties and Cooperating non- Contracting Parties (CPCs); CONSIDERING the IOTC Resolution 07/03 Concerning the Recording of Catch by Fishing Vessels in the IOTC Area, and in particular its paragraph 3, whereby the CPCs committed themselves to adopt at 2008 annual session a minimum standard for logbooks for all longline vessels over 24 metres and those under 24 metres if they fish outside the EEZ of their flag State; FURTHER CONSIDERING the works of the small task force created by the IOTC Scientific Committee during its 10th Session held in Seychelles in November 2007, in order to harmonise the various forms currently used by the fleets and the IOTC Scientific Committee agreement on the minimum standard requirements for all longline fleets as well as the produced logbook template; ADOPTS, in accordance with paragraph 1 of Article IX of the IOTC Agreement, that 1. Each flag CPC shall ensure that all long line fishing vessels flying its flag and authorized to fish species managed by IOTC be subject to a data recording system. Within the IOTC Area of Competence, all long line vessels over 24 metres length and those under 24 metres if they fish outside the EEZs of their flag States shall keep a bound or electronic logbook to provide data for use by Working Parties and the Scientific Committee that includes, as a minimum requirement, the information and data in the logbook set forth in Annex I and II. Annex III provides a logbook template for illustrative purposes only. 2. This logbook format consists of two parts, Annex I and Annex II. Annex I includes information on vessel, trip and gear configuration, and should be written once for each trip. Annex II, which contains information of longline operation and catch, should be filled for each set. 3. The logbook data shall be provided by the fishing masters to the flag State administration, as well as to the coastal State administration where the vessel has fished in that coastal State's EEZ. The flag State and the States which receive this information shall provide all the data for any given year to the IOTC Secretariat and the Scientific Committee by June 30th of the following year on an aggregated basis. The confidentiality rules set out in Resolution 98/02 Data Confidentiality Policy and Procedures for fine-scale data shall apply. 131 Collection of Resolutions and Recommendations A NN E X I Record once in one cruise 1-1 IN F O R M A T I O N O F R EPO R T 1) Date of the submission of logbook. 2) Name of reporting person 1-2 V ESSE L IN F O R M A T I O N 1) Vessel name 2) Call sign: If call sign is not available, other identical code as registration number should be used. 3) Vessel size: Gross tonnage (in MT) and/or overall length (in m) 1-3 C RUISE IN F O R M A T I O N 1) Departure date and port 2) Arrival date and port 1-4 G E A R C O N F I G UR A T I O N 1) Average Branch line length (m): Straight length in meter between snap and hook. See Figure 1. 2) Average Float line length (m): Straight length in meter from the float to the snap 3) Average Length between branch (m): Straight length of main line in meter between successive branch lines. 4) Main line material classified into four categories, Thick rope (Cremona rope), Thin rope (PE or other materials), Nylon braided and Nylon monofilament. 132 Updated April 2010 A NN E X II Record one record for each set 2-1 OP E R A T I O N 1) Date of set (YYYY/MM/DD). 2) Position in latitude and longitude: either at noon (local time) position or position of start of gear setting, area code of operation (e.g.. Seychelles EEZ, High Seas, etc.) may be used optionally; 3) Local Time (24hr) of starting setting gear; 4) Sea surface temperature at noon with one decimal point, if available (XX.X °C); 5) The number of hooks between floats: If different hooks between floats were used in a single set, record the most representative one; 6) The number of hooks used in the set; 7) Number of lighsticks used in the set; 8) Type of bait used in the set 2-2 C A T C H / C AP T UR ES 1) Catch in number and weight by species per set for each of the species and form of processing in section 2-3 2-3 SPE C I ES / ESPÈ C ES 1) Southern bluefin, 2) Albacore, 3) Bigeye, 4) Yellowfin, 5) Skipjack 6) Swordfish 7) Marlins 8) Shortbill spearfish 9) Sailfish 10) Blue shark 11) Porbeagle 12) Mako shark 13) Other sharks 14) Other fishes 2-4 R E M A R KS / R E M A R Q U ES 1) Discard of tuna, tuna-like fish and sharks should be recorded in the remarks. 2) Other information is also written in the remarks. Note a: These species included in the logbook is regarded as minimum requirement. Optionally other shark and/or fish species should be added. Maybe, other shark and fish species caught frequently would be different by area and fishery. 133 Collection of Resolutions and Recommendations Figure 1. Schematic diagram of longline gear / Diagramme schématique d’une palangre. 134 Updated April 2010 A NN E X III - I L L UST R A T I V E PURPOSES O N L Y L O G B O O K T E MPL A T E: Tuna Longliners / M O D È L E D E F I C H E D E PÊ C H E : palangriers thoniers In each set, catch should be given both in number and weight (in kg) in upper and lower row, respectively Pour chaque calée, les captures doivent être indiquées en nombre et poids (kg) respectivement dans les lignes supérieure et inférieure. Date Position Tunas / thons Billfishes / Portes­ˇpˇe Sharks / requins Remarks (discard or other information) / remarques (rejets ou autres informations) southern bluefin / albacore / bigeye / yellowfin / skipjack / Swordfish / Stripped marlin / blue marlin / black marlin Sailfish / Shortbill Blue shark / Porbeagle / Mako / Other / thon rouge germon patudo albacore listao espadon marlin rayˇ marlin bleu / marlin noir voilier spearfish / Peau bleue requin taupe petite autres marlin rostre taupe court Latitude Longitude Degree / NS Degree / EW Degrˇs ą Degrˇs ą N S E W N S E W N S E W N S E W for dates, use the YYYY/MM/DD format / pour les dates, utiliser le format AAAA/MM/JJ ** for SST, use a value with one decimal point / pour la SST, utiliser une valeur une dˇcimale 135 2008 1
IOTC-RES-09-01 IOTC Binding Misc In force Updated April 2010 RESOLUTION 09/01 ON THE PERFORMANCE REVIEW FOLLOW­UP The Indian Ocean Tuna Commission, CONSIDERING the course of action agreed at the meeting of the five Tuna Regional Fisheries Management Organizations (RFMOs) held in Kobe in January 2007, and in particular the commitment to undertake Performance Reviews of each Tuna RFMOs in order to strengthen the effectiveness of the Organizations; TAKING NOTE of the decision taken by the IOTC at its 11th Plenary session in May 2007 to undertake an IOTC Performance Review; CONSIDERING the report of the IOTC Performance Review Panel (PRP) as analyzed by the Commission at its 13th Plenary session held in Bali (Indonesia) in March/April 2009; RECOGNISING that a number of the recommendations arising from the PRP report can be progressed by individual Members, including through proposing draft resolutions for consideration by the Commission, while other initiatives may benefit from consideration by relevant committees of the Commission; RESOLVES: 1. That all deficiencies in the IOTC Agreement inhibiting the Commission’s ability to perform its mandate consistent with internationally-agreed principles of fisheries conservation and management must be addressed, in accordance with international law. 2. In considering options to address all deficiencies in the current Agreement, all avenues recommended by the PRP in its report should be explored by IOTC Members in order to achieve the objective determined in paragraph 1. 3. With respect to the list of recommendations arising from the PRP report and annexed to this Resolution, Members are encouraged to bring forward draft resolutions for the consideration by the Commission at its session in 2010. 4. That the Scientific Committee (SC), the Compliance Committee (CoC) and the Standing Committee on Administration and Finance (SCAF) be tasked with producing a work plan, including identifying priorities and a timetable, in accordance with Annex I. 5. The three Committees shall provide their respective work plans to the Commission for consideration at its session in 2011. 6. If necessary, in order to consider some specific issues, IOTC Heads of Delegation meetings could be convened. 7. IOTC Members can undertake inter-sessional consultations on issues of common interest related to the IOTC Performance Review. 137 Collection of Resolutions and Recommendations APPE NDI X I O N T H E I O T C A G R E E M E N T – A L E G A L A N A L YSIS 1. The final conclusion of the Panel is that the Agreement is outdated and there are many areas for improvement. Commission and Members The weaknesses and gaps identified are, or have a potential to be, major impediments to the effective and efficient functioning of the Commission and its ability to adopt and implement measures aimed at long-term conservation and sustainable exploitation of stocks, according to model fisheries management instruments. More fundamentally, these deficiencies are likely to prevent the Commission from achieving its basic objectives. Commission and Members Scientific Committee Compliance Committee Scientific Committee Scientific Committee Compliance Committee Compliance Committee 2. Consequently, the Panel recommends that the IOTC Agreement either be amended or replaced by a new instrument. The decision on whether to amend the Agreement or replace it should be made taking into account the full suite of the deficiencies identified. O N C O NSE R V A T I O N A ND M A N A G E M E N T Data collection and sharing The Panel identified a poor level of compliance by many IOTC Members. with their obligations, notably those related to the statistical requirements on artisanal fisheries and sharks, and recommends that: 3. The timing of data reporting be modified to ensure that the most recent data are available to the working parties and the Scientific Committee. 4. The deadline to provide data on active vessels be modified to a reasonable time in advance of the meeting of the Compliance Committee. This deadline is to be defined by the Compliance Committee. 5. The scheduling of meetings of the working parties and Scientific Committee be investigated based on the experience of other RFMOs. This should bear in mind the optimal delivery of scientific advice to the Commission. 6. The Commission task the Scientific Committee with exploring alternative means of communicating data to improve timeliness of data provision. 7. Non-compliance be adequately monitored and identified at individual Member level, including data reporting. 8. The causes of non-compliance be identified in cooperation with the Member concerned. 138 Compliance Committee Scientific Committee Standing Committee on Administration and Finance and Finance Scientific Committee Commission Commission and Members Standing Committee on Administration and Finance via Scientific Committee Commission Scientific Committee Compliance Committee Updated April 2010 9. When the causes of non-compliance are identified and all reasonable efforts to improve the situation are exhausted, any Member or non-Member continuing to not -comply be adequately sanctioned (such as market related measures). 10. There is a need to improve the quality and quantity of the data collected and reported by the Members, including the information necessary for implementing the ecosystem approach. The most immediate emphasis should be placed on catch, effort and size frequency. The Panel also recommends that: 11. Support for capacity building be provided to developing States - the Commission should enhance funding mechanisms to build developing country CPCs’ capacity for data collection, processing and reporting infrastructures, in accordance with the Commission requirements. 12. A regional scientific observer programme to enhance data collection (also for non-target species) and ensure a unified approach be established, building on the experience of other RFMOs, Regional standards on data collection, data exchanged and training should be developed. 13. Actions be taken so that fishing fleets, especially Maldives, Taiwan, Province of China and Yemen participate in data collection and reporting. 14. A relationship with Taiwan, Province of China be developed in order to have data access when needed, to all its fleet data as well as historical series, and address the problems deriving from the current legal framework. 15. The Secretariat’s capacity for data dissemination and quality assurance be enhanced, including through the employment of a fisheries statistician. 16. A statistical working party be established to provide a more efficient way to identify and solve the technical statistical questions. 17. The obligation incumbent to a flag State to report data for its vessels be included in a separate Resolution from the obligation incumbent on Members to report data on the vessels of third countries they licence to fish in their exclusive economic zones (EEZs). 139 In relation to non-target species, the panel recommends that: 18. The list of shark species for which data collection is required in Recommendation 08/04 be expanded to include the five species identified by the Scientific Committee (blue shark, shortfin mako, silky shark, scalloped hammerhead, oceanic whitetip), and apply to all gear types. 19. The Secretariat’s capacity to provide support to developing States’ Members should be enhanced. 20. Cooperative capacity building efforts amongst Members and, as appropriate external organizations, should be encouraged. 21. Innovative or alternative means of data collection (e.g. port sampling) should be explored and, as appropriate, implemented. Collection of Resolutions and Recommendations Commission Commission and Standing Committee on Administration and Finance Members and Secretariat Scientific Committee 22. Avenues to collect data from non-Members should be explored. Secretariat Scientific Committee Compliance Committee Scientific Committee Standing Committee on Administration and Finance on advice from Committees and the Commission Quality and provision of scientific advice 23. For species with little data available, the Scientific Committee should be tasked with making use of more qualitative scientific methods that are less data intensive. 24. More emphasis should be given to adherence to data collection requirements. 25. Confidentiality provisions and issues of accessibility to data by the scientists concerned needs to be clearly delineated, and/or amended, so that analysis can be replicated. 26. The resources of the IOTC Secretariat should be increased. Even though some progress will be made with recruitment of the stock analysis expert, some additional professional staffing is required. 140 Scientific Committee Secretariat Scientific Committee Scientific Committee Standing Committee on Administration and Finance Commission Commission Commission Scientific Committee and Commission Commission Commission and Members Commission Updated April 2010 27. To enhance the quality of scientific advice and the technical soundness of the papers being considered by the Scientific Committee and its working parties, and to encourage publication of IOTC scientific papers in relevant journals, future consideration should be given to the establishment of a scientific editorial board within the Scientific Committee 28. An online IOTC Data Summary should be established 29. Ongoing peer review by external experts should be incorporated as standard business practice of working parties and the Scientific Committee. 30. New guidelines for the presentation of more user friendly scientific reports in terms of stock assessments should be developed. In this respect, Kobe plots are considered to be the most desirable method of graphical presentation, especially to non-technical audience. 31. A special fund to support the participation of scientists from developing States should be established. 32. The Commission should renew efforts to convene meetings of the Working Party on Neritic Tunas Adoption of conservation and management measures 33. As the IOTC has faced the management of the main targeted stock under its purview only through a regulation of the fishing effort; other approaches should be explored, such as those envisioned in Resolution 05/01, including catch limits, total allowable catch (TAC) or total allowable effort (TAE). 34. Within the system of the freezing of fishing effort in terms of number of vessels and correspondent capacity in gross tonnage, a deadline should be agreed for the implementation of fleet development plans. 35. IOTC should consider developing a framework to take action in the face of uncertainty in scientific advice. 36. IOTC should use the full range of decision making processes available to it under the Agreement. 37. The IOTC Agreement needs to be amended or replaced in order to incorporate modern fisheries management principles, such as the precautionary approach. 38. Pending the amendment or replacement of the Agreement, the Commission should implement the precautionary approach as set forth in the UNFSA. 141 Collection of Resolutions and Recommendations Commission Commission and Members Commission and Members Working Party on Fishing Capacity Scientific Committee Commission Working Party on Fishing Capacity Commission Commission 39. Measures to regulate shark fisheries should be considered by the Commission. 40. There is a need to develop and take into account modern principles for fisheries management, including ecosystem based approach, protection of marine biodiversity and reducing the harmful impacts of fishing on marine environment. 41. These concepts should be integrated in the IOTC Agreement. Capacity management 42. IOTC should establish a stronger policy on fishing capacity to prevent or eliminate excess fishing capacity. 43. Loopholes in the current systems of fishing capacity limitation, such as the establishment of fleet development plans and exemptions for vessels less than 24 meters, should be closed. 44. IOTC should endorse the recommendation of the Scientific Committee to create a Working Group on Fishing Secretariat Commission Capacity. Compatibility of management measures 45. IOTC Members should be invited to promptly implement IOTC conservation and management measures through their national legislation. Fishing allocations and opportunities. 46. IOTC should explore the advantages and disadvantages of implementing an allocation system of fishing quota, Commission expressed as TAC or TAE system. Such an investigation should include consideration of how significant catches by current non-Members would be accounted for. 142 Updated April 2010 O N C O MPL I A N C E A ND E N F O R C E M E N T Flag State duties 47. Any amendment to or replacement of the IOTC Agreement should include specific provisions on Member's duties Commission and Members as flag States, drawing on the relevant provisions of the UNFSA. Port State measures 48. Any amendment to or replacement of the IOTC Agreement should include specific provisions on Member's duties Commission and Members as port States. 49. IOTC should explore the possible implementation of the FAO Model Scheme on Port State Measures. Commission 50. The IOTC should duly note the outcome of the current process for establishment of a globally binding agreement Commission on port State measures. Monitoring, Control and Surveillance 51. IOTC should develop a comprehensive monitoring, control and surveillance (MCS) system through the Compliance Committee implementation of the measures already in force, and through the adoption of new measures and tools such a possible on- board regional observers’ scheme, a possible catch documentation scheme as well as a possible system on boarding and inspection. Follow-up on infringements 52. The current IUU resolution should be amended to allow the inclusion of vessels flagged to Members. Commission 53. IOTC should explore options concerning the possible lack of follow-up on infringements by CPCs. Compliance Committee 54. IOTC should establish a sanction mechanism for non-compliance, and task the Compliance Committee to develop Compliance Committee a structured approach for cases of infringement. 55. Provisions for follow-up on infringement should be included in any amended/replaced Agreement. Commission and Members 143 Collection of Resolutions and Recommendations Cooperative mechanisms to detect and deter non-compliance 56. A structured, integrated approach to evaluate the compliance of each of the Members against the IOTC Compliance Committee Resolutions in force should be developed by the Compliance Committee. 57. CPCs should be reminded of their duty to implement in their national legislations the conservation and Compliance Committee management measures adopted by IOTC. 58. The requirement to present national reports on the implementation of IOTC measures should be reinforced. Compliance Committee 59. The sense of accountability within IOTC seems to be very low; therefore more accountability is required. There is Compliance Committee probably a need for an assessment of the performance of CPCs. 60. Establishment of formal mechanisms of MCS (e.g. observers programmes) should be considered Compliance Committee Market related measures 61. As IOTC action in terms of measures relating to the exercise of rights and duties of its Members as market States Commission are very weak, the non-binding market related measure should be transformed into a binding measure. 62. -The bigeye statistical document programme should be applied to all bigeye products (fresh and frozen). Catch Commission documentation schemes for target species of high commercial value should be considered. Alternatively, expanding the scope of the current statistical document programme to address current loopholes should be considered. O N DE C ISI O N M A K IN G A ND DISPU T E SE T T L E M E N T Decision making 63. In order to improve the IOTC practices of decision making and adoption of measures, when every effort to Commission achieve consensus has been exhausted, invoking the procedure of voting should be explored 64. Amending the objection procedure so that it is more rigorous, and in line with other RFMO Conventions, Commission and Members featuring restricted grounds for the bases to object is recommended. Dispute settlement 65. A provision on dispute settlement should be amended in line with the requirements of UNFSA. Commission and Members 144 Updated April 2010 O N IN T E RN A T I O N A L C O OPE R A T I O N T ransparency 66. The active vessels list should be made available on the IOTC website. Commission Secretariat 67. The Commission, in consultation with the Scientific Committee, should review the availability of critical data sets Commission used in development of scientific advice and take steps to assure that these data are held at the Secretariat and available for validation of analyses, subject to the appropriate confidentiality requirements. Relationship to cooperating non Members 68. The legal framework of the IOTC Agreement should be amended or replaced in order to enable fishing players Commission and Members active in the area to discharge their obligations in line with the UNFSA. Relationship to non cooperating non Members 69. Although the IOTC has strengthened its action towards non-Members in order to have all important fishing Commission players included under its remit, diplomatic approaches should be made by IOTC Members to non-Members with active vessels in the area. 70. When non-cooperation is identified and all reasonable efforts to improve the situation are exhausted, any non- Compliance Committee Members continuing not to not cooperate should be adequately sanctioned by, for example, market related measures. Cooperation with other R F M Os 71. IOTC should establish mechanisms for a mutual recognition of IUU lists with other RFMOs. Commission 72. IOTC should develop cooperative mechanisms, such as MoUs, to work in a coordinated manner on issues of Commission common interest, in particular non-target species and an ecosystem approach with other RFMOs especially with SIOFA. 73. IOTC should annually agree on a Member attending other tuna RFMO meetings as an observer on its behalf and Commission reporting back to the Commission on matters of interest Special requirements of developing States 74. A specific fund to assist capacity building should be put in place. Standing Committee on Administration and Finance 145 Collection of Resolutions and Recommendations 75. Members, that are Parties of UNFSA, should make use of the part VII Fund, established under UNFSA. Members Participation 76. Financial support, in particular for attendance in the scientific activities to developing States, is needed. Standing Committee on Administration and Finance 77. The legal framework of the IOTC should be amended or replaced in order to enable fishing players active in the Commission and Members area to discharge their obligations in line with the UNFSA. O N F IN A N C I A L A ND A D M INIST R A T I V E ISSU ES Availability of resources for R F M O activities -efficiency and cost-effectiveness Standing Committee on Administration and Finance Commission and Members 78. The IOTC Agreement as well as financial management rules should be amended or replaced in order to increase Members’ as well as Secretariat’s control of all the budget elements, including staff costs of the budget. This would also improve transparency. 79. Prior to the Commission assuming full control of the budget, the Commission meeting at which the budget is Commission considered should be held as close as possible to the commencement of the financial year to which this budget relates and if possible in advance of that year. 80. A fee system should be considered as a possible funding mechanism for possible new activities. Commission 81. The agreed external financial audit should be implemented as soon as possible, and should include a focus on Standing Committee on Administration and whether IOTC is efficiently and effectively managing its human and financial resources, including those of the Secretariat. Finance Commission 146 2009 1
IOTC-RES-09-02 IOTC Binding Tuna species Superseded Updated April 2010 RESOLUTION 09/02 ON THE IMPLEMENTATION OF A LIMITATION OF FISHING CAPACITY OF CONTRACTING PARTIES AND COOPERATING NON­CONTRACTING PARTIES The Indian Ocean Tuna Commission (I O T C), NOTING that the IOTC Scientific Committee during its Eleventh Session agreed that the total overcapacity is a major concern in all Oceans; RECALLING the adoption by IOTC in 2003 of the Resolution 03/01 on the limitation of fishing capacity of IOTC Contracting Parties and Cooperating Non Contracting Parties; the adoption in 2006 of the Resolutions of the Resolution 06/05 on limitation of fishing capacity, in terms of number of vessels, of IOTC Contracting Parties and Cooperating Non Contracting Parties, and the adoption in 2007 of the Resolution 07/05 on limitation of fishing capacity of IOTC Contracting Parties and Cooperating Non Contracting Parties in terms of number of vessels targeting swordfish and Albacore; RECOGNISING that FAO International Plan of Action for the Management of the Fishing Capacity (IPOA) provides, in its Objectives and Principles that "States and Regional Fisheries Organisations confronted with an overcapacity problem, where capacity is undermining achievement of long-term sustainability outcomes, should endeavour initially to limit at present level and progressively reduce the fishing capacity applied to affected fisheries"; TAKING INTO ACCOUNT the need to have due regard for the interests of all Members concerned, in conformity with the rights and obligations of those Members under international law and in particular, to the rights and obligations of developing countries of the Indian Ocean rim with respect to entry into the high-seas fisheries in the IOTC area of competence; RECOGNISING the need to ensure the proper implementation of the Resolutions 03/01, 06/05 and 07/05, in order to allow the stabilisation of the level of fishing capacity active on the stocks of high commercial value under the IOTC responsibility, and to facilitate the work of the Scientific Committee to be able to provide the Commission with sound scientific advice; ADOPTS in accordance with paragraph 1 of Article IX of the IOTC Agreement, that: 1. Contracting Parties and Cooperating non-Contracting Parties (CPCs) shall notify to the IOTC Secretariat, by 31 December 2009, the lists of vessels, by gear type, over 24 meters overall length and over, and under 24 meters if the fished outside their EEZs, and corresponding overall capacity in GT, which have actively fished in accordance with the provision of IOTC Resolution 07/04: - for tropical tunas during the year 20061 - for swordfish and albacore during the year 2007 Both lists shall include the vessel at that time considered under administrative process of construction. 2. In notifying their vessels fishing for tropical tunas in the area in 2006, and for swordfish and albacore in 2007, the CPCs shall confirm that they have verified the effective presence and fishing activities of their vessels in the IOTC area in 2006 and in 2007, through their VMS records, catch reports, port calls, or other means. The IOTC Secretariat shall have access to such information upon request. 1 Acknowledging that the catch levels and vessels presence in 2006 of certain Members is not representative of their historical presence, and consequently that these Members may increase the number of vessels present during the period of application of the Resolution to a maximum level operating in a season or year since 2000. These Members shall provide the Commission the identified number of vessels and corresponding capacity in GT by 31 December 2009. 147 Collection of Resolutions and Recommendations 3. This provision does not apply to those vessels included in the lists, but considered under administrative process of construction in 2006 and in 2007. 4. Within the period of application of this Resolution, CPCs may change the number of their vessels, by gear type, provided that they can either demonstrate to the Commission, under the advice of the Scientific Committee that the change in the number of vessels, by gear type, does not lead to an increase of fishing effort on the fish stocks involved or where they are directly limiting catches using individual transferable quotas under a comprehensive national management plan which has been provided to the Commission. 5. CPCs shall ensure that where there is a proposed transfer of capacity to their fleet that the vessels to be transferred are on the IOTC Record of Vessels or on the Record of Vessels of other tuna Regional Fisheries Management Organizations. No vessels on the List of IUU Vessels of any Regional Fisheries Management Organization may be transferred. 6. The other CPCs which had the objective of developing their fleets following the provisions of IOTC Resolution 03/01, through the introduction to the IOTC of a fleet development plan, shall confirm, by 31 December 2009, inter alia, the type, size, gear and origin of the vessels included in the Fleet Development Plans and the programming (precise calendar for the forthcoming 10 years) of their introduction into the fisheries). All future fishing efforts shall be in accordance with such development Plans of the concerned CPCs. 7. The CPCs which have introduced a Fleet Development Plan, and have confirmed the information on the vessels included in those plans according to the provision of paragraph 3, shall implement their Plans according to their programming. Regarding CPCs which fail to introduce vessels in accordance with their Fleet Development Plans, the IOTC Compliance Committee and the IOTC Commission will give annual consideration to the problems related to the implementation of Fleet Development Plans. 8. The IOTC Compliance Committee shall verify, at any IOTC Plenary Session, the compliance of CPCs with the provisions of this Resolution, including the implementation, according to the notified programming, of the Fleet Development Plans. 9. In relation to the foregoing, the Commission will give due consideration to the interests of the developing coastal States, in particular small islands developing States and territories within the IOTC Convention Area. 10. The IOTC Resolution 06/05 on limitation of fishing capacity, in terms of number of vessels, of IOTC Contracting Parties and Cooperating Non Contracting Parties, and the Resolution 07/05 on limitation of fishing capacity of IOTC Contracting Parties and Cooperating Non Contracting Parties in terms of number of vessels targeting swordfish and Albacore are superseded by this Resolution. 11. This Resolution is applicable during the years 2010 and 2011. The Commission shall review its implementation at the 2012 IOTC Session. 148 2009 1 1 1 1
IOTC-RES-09-03 IOTC Binding MCS Superseded Updated April 2010 RESOLUTION 09/03 ON ESTABLISHING A LIST OF VESSELS PRESUMED TO HAVE CARRIED OUT ILLEGAL, UNREGULATED AND UNREPORTED FISHING IN THE IOTC AREA The Indian Ocean Tuna Commission (I O T C), RECALLING that the FAO Council adopted on 23 June 2001 an International Plan of Action to prevent, to deter and eliminate illegal, unregulated and unreported fishing (IPOA-IUU). This plan stipulates that the identification of the vessels carrying out IUU activities should follow agreed procedures and be applied in an equitable, transparent and non discriminatory way; RECALLING that the IOTC adopted Resolution 01/07 concerning its support of the IPOA-IUU; RECALLING that IOTC has already adopted measures against IUU fishing activities and, in particular, against large-scale tuna longline vessels engaged in IUU fishing; RECALLING that the IOTC adopted Resolution 07/01 to promote compliance by nationals of Contracting Parties and Cooperating Non-contracting Parties with IOTC conservation and management measures; RECALLING ALSO that the IOTC adopted Resolution 07/02 to enhance the implementation of IOTC conservation and management measures through establishing a Record of fishing vessels authorised to operate in the IOTC Area; CONCERNED by the fact that IUU fishing activities in the IOTC area continue, and these activities diminish the effectiveness of IOTC conservation and management measures; FURTHER CONCERNED that there is evidence of a large number of vessel owners engaged in such fishing activities who have re-flagged their vessels to avoid compliance with IOTC management and conservation measures; DETERMINED to address the challenge of an increase in IUU fishing activities by way of countermeasures to be applied in respect of the vessels engaged in IUU fishing, without prejudice to further measures adopted in respect of flag States under the relevant IOTC instruments; CONSCIOUS of the need to address, as a matter of priority, the issue of large-scale fishing vessels conducting IUU fishing activities, NOTING that the situation must be addressed in the light of all relevant international fisheries instruments and in accordance with the relevant rights and obligations established in the World Trade Organisation (WTO) Agreement; ADOPTS in accordance with paragraph 1 of Article IX of the IOTC Agreement, that: Definition of IUU Fishing Activities 1. For the purposes of this resolution, fishing vessels are presumed to have carried out illegal, unreported and unregulated fishing activities in the IOTC Area, inter alia, when a Contracting Party or Co-operating non-Contracting Party (hereinafter referred to as “CPC’s”) presents evidence that such vessels: (a) Harvest tuna or tuna-like species in the IOTC Area and are not registered on the IOTC Record of Vessels authorised to fish for tuna and tuna-like species in the IOTC area, in accordance with Resolution 07/02, or (b) Harvest tuna or tuna-like species in the IOTC Area, when their flag state is without sufficient quotas, catch limit or effort allocation under IOTC conservation and management measures where applicable, or (c) Do not record or report their catches made in the IOTC Area in accordance with IOTC reporting requirements, or make false reports, or 149 Collection of Resolutions and Recommendations (d) Take or land undersized fish in contravention of IOTC conservation measures, or (e) Fish during closed fishing periods or in closed areas in contravention of IOTC conservation measures, or (f) Use prohibited fishing gear in contravention of IOTC conservation measures, or (g) Tranship with, or participate in joint operations such as re-supplying or re-fuelling, vessels included in the IUU Vessels List, or (h) Harvest tuna or tuna-like species in the waters under the national jurisdiction of a coastal State in the IOTC Area without authorisation and/or infringe the coastal state’s laws and regulations, (this is without prejudice to the sovereign rights of coastal States to take measures against such vessels), or (i) Are without nationality and harvest tuna or tuna-like species in the IOTC Area, or (j) Engage in fishing, including transhipping, re-supplying or re-fuelling, contrary to any other IOTC conservation and management measures. Information on Alleged IUU F ishing Activities 2. CPCs shall transmit every year to the Secretary at least 120 days before the Annual Meeting, a list of the vessels presumed to have been carrying out IUU fishing activities in the IOTC Area during the current and previous year, accompanied by evidence supporting the presumption of IUU fishing activity. The IOTC Reporting Form for Illegal Activity (Annex I) shall be used. 3. This list and evidence shall be based on information collected by CPCs from all relevant sources including but not limited to: (a) Relevant resolutions of the IOTC, as adopted and amended from time to time; (b) Reports from CPCs Parties relating to IOTC conservation and management measures in force; (c) Trade information obtained on the basis of relevant trade statistics such as Food and Agriculture Organization of the United Nations (FAO) data, statistical documents and other national or international verifiable statistics; and (d) Any other information obtained from port States and/or gathered from the fishing grounds that is suitably documented. Draft IUU Vessels List 4. On the basis of the information received pursuant to paragraph 2, the Secretary shall draw up a Draft IUU Vessels List. This list shall be drawn up in conformity with Annex II. The Secretary shall transmit it together with the current IUU Vessels List as well as all the evidence provided to CPCs and to non-Contracting Parties whose vessels are included on these lists at least 90 days before the Annual Meeting. CPCs and non-Contracting Parties will transmit any comments to the Secretary at least 30 days before the Annual Meeting of the IOTC, including evidence showing that the listed vessels have neither fished in contravention to IOTC conservation and management measures nor had the possibility of fishing tuna and tuna-like species in the IOTC Area. 5. The Flag State shall notify the owner of the vessels of their inclusion in the Draft IUU Vessels List and of the consequences that may result from their inclusion being confirmed in the IUU Vessels List adopted by the Commission. 6. Upon receipt of the Draft IUU Vessels list, CPCs shall closely monitor the vessels included in the Draft IUU Vessels List in order to determine their activities and possible changes of name, flag and or registered owner. Provisional IUU Vessels List 150 Updated April 2010 7. On the basis of the information received pursuant to paragraph 2, the Secretary shall draw up a Provisional IUU Vessels List and transmit it two weeks in advance to the Commission Meeting to the CPCs and to the non-Contracting Parties concerned together with all the evidence and any comments provided. This list shall be drawn up in conformity with Annex II. 8. CPCs and non-Contracting Parties may at any time submit to the Secretary any additional information, which might be relevant to the establishment of the IUU Vessels List. The Secretariat shall circulate the information before the annual meeting to CPCs concerned, together with all the evidence provided. 9. The Compliance Committee shall examine each year the Provisional IUU Vessels List, as well as the information referred to in paragraphs 2, 3, 4, 7 and 8. 10. The Compliance Committee shall remove a vessel from the Provisional IUU Vessels List if the Flag State demonstrates that: (a) The vessel did not take part in any IUU fishing activities described in paragraph 1, or (b) It has taken effective action in response to the IUU fishing activities in question, including, inter alia, prosecution and imposition of sanctions of adequate severity. CPCs will report any actions and measures they have taken in accordance with Resolution 07/01, in order to promote compliance by vessels of CPCs with IOTC conservation and management measures. 11. Following the examination referred to in paragraph 9, at each IOTC Annual meeting, the IOTC Compliance Committee shall: a) Adopt a Provisional IUU Vessels List following consideration of the Draft IUU Vessels List and information and evidence circulated under paragraphs 4, 7 and 8. The Provisional IUU Vessels List shall be submitted to the Commission for approval; b) Recommend to the Commission which, if any, vessels should be removed from the IUU Vessels List adopted at the previous IOTC Annual meeting, following consideration of that List, of the information and evidence circulated under paragraph 8 and the information supplied by Flag States in accordance with paragraph 16. IUU Vessels List 12. On adoption of the IOTC IUU Vessels List, the Commission shall request CPCs, whose vessels appear on the list: a) To notify the owner of the vessel identified on the IUU Vessels List of its inclusion on the list and the consequences which result from being included on the list, as referred to in paragraph 13; b) To take all the necessary measures to eliminate these IUU fishing activities, including if necessary, the withdrawal of the registration or of the fishing licences of these vessels, and to inform the Commission of the measures taken in this respect. 13. CPCs shall take all necessary measures, under their applicable legislation: a) So that the fishing vessels, the mother-ships and the cargo vessels flying their flag do not participate in any transhipment with vessels on the IUU Vessels list; b) So that IUU vessels that enter ports voluntarily are not authorized to land, tranship, refuel, re-supply, or engage in other commercial transactions; c) to prohibit the chartering of a vessel included on the IUU Vessels List; d) To refuse to grant their flag to vessels included in the IUU Vessels List, except if the vessel has changed owner and the new owner has provided sufficient evidence demonstrating the previous owner or operator has no further legal, beneficial or financial interest in, or control of, the vessel; or having taken into account all relevant facts, the Flag State determines that granting the vessel its flag will not result in IUU fishing; 151 Collection of Resolutions and Recommendations e) To prohibit the imports, landing or transhipment, of tuna and tuna-like species from vessels included in the IUU Vessels List; f) To encourage the importers, transporters and other sectors concerned, to refrain from transaction and transhipment of tuna and tuna-like species caught by vessels included in the IUU Vessels List; g) To collect and exchange with other Contracting Parties or Co-operating non-Contracting Parties any appropriate information with the aim of detecting, controlling and preventing false import/export certificates for tunas and tuna-like species from vessels included in the IUU Vessels List. 14. The Secretary will take any necessary measure to ensure publicity of the IUU Vessels List adopted by IOTC pursuant to paragraph 11, in a manner consistent with any applicable confidentiality requirements, and through electronic means, including placing it on the IOTC website. Furthermore, the Secretary will transmit the IUU Vessels List to other regional fisheries management organisations for the purposes of enhanced co-operation between IOTC and these organisations in order to prevent, deter and eliminate illegal, unreported and unregulated fishing. 15. Without prejudice to the rights of Flag States and coastal states to take proper action consistent with international law, the CPCs should not take any unilateral trade measures or other sanctions against vessels provisionally included in the Draft IUU Vessels List, pursuant to paragraph 4, or which have been already removed from the IUU Vessels List, pursuant to paragraph 10, on the grounds that such vessels are involved in IUU fishing activities. Deletion from the IUU Vessels List 16. A CPC whose vessel appears on the IUU Vessels List may request the removal of this vessel from the list during the inter-sessional period by providing the following information and supporting evidence: a) It has adopted measures such that the vessel conforms with all IOTC conservation measures; b) It is and will continue to assume effectively its responsibilities with respect to this vessel in particular as regards the monitoring and control of the fishing activities executed by this vessel in the IOTC Area; c) It has taken effective action in response to the IUU fishing activities in question including prosecution and imposition of sanctions of adequate severity; d) The vessel has changed ownership and that the new owner can establish the previous owner no longer has any legal, financial or real interests in the vessel or exercises control over it and that the new owner has not participated in IUU fishing. Inter Sessional Modification of the IUU Vessels List 17. The CPC shall send its request for the removal of a vessel from the IUU Vessels List to the IOTC Secretary accompanied by the supporting information referred to in paragraph 16. 18. On the basis of the information received in accordance with paragraph 16, the Secretary will transmit the removal request, with all the supporting information to the Contracting Parties within 15 days following the notification of the removal request. 19. The Contracting Parties will examine the request to remove the vessel and notify the Secretary of their conclusion to either remove the vessel from, or keep the vessel on, the IUU Vessels List, by mail within 30 days following the notification by the Secretary. The result of this examination will be checked by the Secretary at the end of the 30-day period following the date of the notification by the Secretary referred to in paragraph 18. 152 Updated April 2010 20. The Secretary will communicate the result of the examination to all CPCs and any non- Contracting Party that may have an interest. 21. If the result of the exercise indicates that there is a two-thirds majority of the Contracting Parties in favour of removing a vessel from the IUU Vessels List, the Secretary of the IOTC will communicate the result to any CPC Party which requested the removal of its vessel from the IUU Vessels List. In the absence of a two-thirds majority, the vessel will be maintained on the IUU Vessels List and the Secretary will inform the CPC accordingly. 22. Where the Commission decides to remove a vessel from the IUU Vessels list pursuant to paragraph 21, the Secretary will take the necessary measures to remove the vessel concerned from the IOTC IUU Vessels List, as published on the IOTC website. Moreover, the Secretary will forward the decision of removal of the vessel to other regional fishery management organisations. 23 Resolution 06/01 On Establishing A List Of Vessels Presumed To Have Carried Out Illegal, Unregulated And Unreported Fishing In The IOTC Area is superseded by this Resolution. 153 Collection of Resolutions and Recommendations ANNEX I IOTC REPORTING FORM FOR ILLEGAL ACTIVITY Recalling IOTC Resolution 2009/03 On establishing a list of vessels presumed to have carried out illegal, unregulated and unreported fishing in the IOTC area, attached are details of illegal activity recorded in .......................... A. Details of Vessel (Please detail the incidents(s) in the format below) Item Definition Indicate a Current Name of Vessel (Previous name/s, if any) b Current Flag (previous flag/s, if any) c Date first included on IOTC IUU Vessel List (if applicable) d Lloyds IMO Number, if available e Photo f Call Sign (previous call sign, if any) g Owner / Beneficial Owner/s (previous owner/s, if any) h Operator (previous operator/s, if any) and Master/Fishing i Date of alleged IUU fishing Activities j Position of alleged IUU fishing Activities k Summary of alleged IUU Activities (see section B for more l Summary of any Actions known to have been Taken in m Outcome of Actions Taken 154 Updated April 2010 B. Details of I O T C Resolution Elements Contravened (Indicate with a “X” the individual elements of IOTC Resolution 2009/03 contravened, and provide relevant details including date, location, source of information. Extra information can be provided in an attachment if necessary.) Item Definition Indicate a Harvest tuna or tuna-like species in the IOTC Area and are not registered on the IOTC Record of Vessels authorised to fish for tuna and tuna-like species in the IOTC Area b Harvest tuna or tuna-like species in the IOTC Area, when their flag state is without sufficient quotas, catch limit or effort allocation under IOTC conservation and management measures where applicable c Do not record or report their catches made in the IOTC Area in accordance with IOTC reporting requirements,, or make false reports d Take or land undersized fish in contravention of IOTC conservation measures e Fish during closed fishing periods or in closed areas in contravention of IOTC conservation measures, f Use prohibited fishing gear in contravention of IOTC conservation measures g Tranship with, or participate in joint operations such as re- supplying or re-fuelling, vessels included in the IUU Vessels List, h Harvest tuna or tuna-like species in the waters under the national jurisdiction of a coastal State in the IOTC Area without authorisation and/or infringes the coastal state’s laws and regulations, i Are without nationality and harvest tuna or tuna-like species in the IOTC Area j Engage in fishing or fishing related activities contrary to any other IOTC conservation and management measures C. Associated Documents (List here the associated documents that are appended e.g. boarding reports, court proceedings, photographs) D. Recommended Actions Recommended Actions Indicate Notification to IOTC Secretariat only. No further action is recommended. Notification of illegal activity to IOTC Secretariat. Recommend notification of activity to flag state. Recommended for inclusion on IOTC IUU list 155 a b c Collection of Resolutions and Recommendations ANNEX II INFORMATION TO BE INCLUDED IN ALL IOTC IUU VESSELS LISTS The Draft, Provisional and Final IUU Vessels Lists shall contain the following details: name of the vessel and previous name/s, if any; flag of the vessel and previous flag/s, if any; owner of the vessel and previous owner/s, including beneficial owners, if any; operator of the vessel and previous operator/s, if any; call sign of the vessel and previous call sign/s, if any; Lloyds/IMO number, if available; photographs of the vessel, where available; date the vessel was first included on the IOTC IUU Vessels List; summary of the activities which justify inclusion of the vessel on the List, together with references to all relevant supporting documents and evidence RESOLUTION 09/04 ON A REGIONAL OBSERVER SCHEME (SUPERSEDED BY RESOLUTION 10/04) The Indian Ocean Tuna Commission (I O T C), TAKING INTO ACCOUNT the need to increase the scientific information, in particular to provide the IOTC Scientific Committee working material in order to improve the management of the tuna and tuna-like species fished in the Indian Ocean; REITERATING the responsibilities of flag States to ensure that their vessels conduct their fishing activities in a responsible manner, fully respecting IOTC conservation and management measures; CONSIDERING the need for action to ensure the effectiveness of the IOTC objectives; CONSIDERING the obligation of all Contracting Parties and Co-operating Non-contracting Parties (hereinafter CPCs) to fully comply with the IOTC conservation and management measures; AWARE of the necessity for sustained efforts by CPCs to ensure the enforcement of IOTC's conservation and management measures, and the need to encourage non-Contracting Parties (NCPs) to abide by these measures; UNDERLINING that the adoption of this measure is intended to help support the implementation of conservation and management measures as well as scientific research for tuna and tuna-like species; ADOPTS in accordance with paragraph 1 of Article IX of the IOTC Agreement, that: Objective 1. The objective of the IOTC observer scheme shall be to collect verified catch data and other scientific data related to the fisheries for tuna and tuna-like species in the IOTC area. Observer Scheme 2. In order to improve the collection of scientific data, at least 5 % of the number of operations/sets for each gear type by the fleet of each CPC while fishing in the IOTC Area of 24 meters overall length and over, and under 24 meters if they fish outside their EEZs shall be covered by this 156 2009 1
IOTC-RES-09-05 IOTC Binding MCS Superseded Updated April 2010 RESOLUTION 09/05 TO PROHIBIT THE USE OF LARGE­SCALE DRIFTNETS ON THE HIGH SEAS IN THE IOTC AREA The Indian Ocean Tuna Commission (I O T C), RECALLING that the United Nations General Assembly (UNGA) Resolution 46/215 calls for a global moratorium on large-scale high seas driftnet fishing; NOTING that a number of vessels continue to engage in large-scale high seas driftnet fishing in the Indian Ocean area (Convention Area); MINDFUL that any vessel fishing with large-scale driftnets on the high seas in the Convention Area, or configured to conduct large-scale high seas driftnet operations, has the capacity to take species of concern to the IOTC and is likely to undermine the effectiveness of IOTC conservation and management measures; NOTING with concern that recent information indicates that such vessels are interacting more frequently with highly migratory species, such as tunas, swordfish, sharks, and other species covered by the Convention; and that associated “ghost fishing” by lost or discarded driftnets have serious detrimental effects on these species of concern and the marine environment; ADOPTS in accordance with paragraph 1 of Article IX of the IOTC Agreement, that: 1. The use of large-scale driftnets1 on the high seas within the Convention Area shall be prohibited. 2. Each Contracting Party and Cooperating Non-Contracting party (hereinafter referred to as CPCs) shall take all measures necessary to prohibit their fishing vessels from using large-scale driftnets while on the high seas in the Convention Area. 3. A CPC-flagged fishing vessel will be presumed to have used large-scale driftnets on the high seas in the Convention Area if it is found operating on the high seas in the Convention Area and is configured2 to use large-scale driftnets. 4. Paragraph 3 shall not apply to a CPC-flagged vessel duly authorized to use large-scale driftnets in their EEZs. While on the high seas in the Convention Area all of such driftnets and related fishing equipment shall be stowed or secured in such a manner that they are not readily available to be used for fishing. 5. CPCs shall include in their Annual Reports a summary of monitoring, control, and surveillance actions related to large-scale driftnet fishing on the high seas in the Convention Area. 6. The IOTC shall periodically assess whether additional measures should be adopted and implemented to ensure that large-scale driftnets are not used on the high seas in the Convention Area. The first such assessment shall take place in 2012. 7. Nothing in this measure shall prevent CPCs from applying more stringent measures to regulate the use of large-scale driftnets. 1 “Large-scale driftnets” are defined as gillnets or other nets or a combination of nets that are more than 2.5 kilometers in length whose purpose is to enmesh, entrap, or entangle fish by drifting on the surface of, or in, the water column. 2 “Configured” to use large-scale drift-nets means having on board assembled gear that collectively would allow the vessel to deploy and retrieve large-scale driftnets. 159 2009 1
IOTC-RES-09-06 IOTC Binding Non-target species Superseded Collection of Resolutions and Recommendations RESOLUTION 09/06 ON MARINE TURTLES The Indian Ocean Tuna Commission (I O T C), RECALLING Recommendation 05/08 On Sea Turtles; AWARE that the populations of the six species of marine turtles under the Memorandum of Understanding on the Conservation and Management of Marine Turtles and their Habitats of the Indian Ocean and South-East Asia (IOSEA MoU) are listed as vulnerable, endangered or critically endangered on the IUCN - The World Conservation Union Red List of Threatened Species; RECOGNISING that the 26th FAO-COFI Session in March 2005 adopted the Guidelines to Reduce Sea Turtle Mortality in Fishing Operation (hereinafter referred to as “the FAO Guidelines”) and recommended their implementation by regional fisheries bodies and management organizations; RECOGNISING that some fishing operations carried out in the Indian Ocean can adversely impact marine turtles and the need to implement measures to manage the adverse effects of fishing in the Indian Ocean on marine turtles; ACKNOWLEDGING the activities undertaken to conserve marine turtles and the habitats on which they depend within the framework of the IOSEA MoU in particular its Resolution to Promote the Use of Marine Turtle Bycatch Reduction Measures by IOSEA Signatory States adopted by the Fifth Meeting of the Signatory States. NOTING the Scientific Committee’s concern that the expansion of gillnet fishing from traditional fishing grounds into high seas might increase the interaction with marine turtles and lead to increased mortality; FURTHER NOTING the Scientific Committee’s adoption of a status report on marine turtles at its eleventh session and its finding that there is an urgent need to quantify the effects of Indian Ocean fisheries on non-target (bycatch) species and to develop mitigation measures to reduce adverse effects on these species; ADOPTS in accordance with paragraph 1 of Article IX of the IOTC Agreement, that: 1. Contracting Parties and Cooperating non-Contracting Parties (hereinafter referred to as “CPCs”) will implement, as appropriate, the FAO Guidelines. 2. CPCs shall collect (including through logbooks and observer programs) and provide to the Scientific Committee all data on their vessels’ interactions with marine turtles in fisheries targeting the species covered by the IOTC Agreement. CPC shall also furnish available information to the Scientific Committee on successful mitigation measures and other impacts on marine turtles in the IOTC Area, such as the deterioration of nesting sites and swallowing of marine debris. 3. CPCs shall report to the Commission, in accordance with Article X of the IOTC Agreement, their progress of implementation of the FAO Guidelines and this Resolution. 4. CPCs shall require fishermen on vessels targeting species covered by the IOTC Agreement to bring aboard, if practicable, any captured hard shelled turtle that is comatose or inactive as soon as possible and foster its recovery, including aiding in its resuscitation, before safely returning it to the water. CPCs shall ensure that fishermen are aware of and use proper mitigation and handling techniques and keep on board all necessary equipment for the release of turtles, in accordance with guidelines to be adopted by the IOTC. 5. CPCs with gillnet vessels that fish for species covered by the IOTC Agreement shall: 160 Updated April 2010 (a) Require that operators of such vessels record all incidents involving marine turtles during fishing operations in their logbooks1 and report such incidents to the appropriate authorities of the CPC; (b) Provide the results of the reporting under paragraph 5(a) to the Commission as part of the reporting requirement of paragraph 2. 6. CPCs with longline vessels that fish for species covered by the IOTC Agreement shall: (a) Ensure that the operators of all longline vessels carry line cutters and de-hookers in order to facilitate the appropriate handling and prompt release of marine turtles caught or entangled, and that they do so in accordance with IOTC Guidelines to be developed. CPCs shall also ensure that operators of such vessels are required to carry and use, where appropriate, dip-nets, in accordance with guidelines to be adopted by the IOTC; (b) Encourage the use of whole finfish bait where appropriate; (c) Require that operators of such vessels record all incidents involving marine turtles during fishing operations in their logbooks2 and report such incidents to the appropriate authorities of the CPC; (d) Provide the results of the reporting under paragraph 6(c) to the Commission as part of the reporting requirement of paragraph 2. 7. CPCs with purse seine vessels that fish for species covered by the IOTC Agreement shall: (a) Ensure that operators of such vessels, while fishing in the IOTC Area: (i) To the extent practicable, avoid encirclement of marine turtles, and if a marine turtle is encircled or entangled, take practicable measures to safely release the turtle. (ii) To the extent practicable, release all marine turtles observed entangled in fish aggregating devices (FADs) or other fishing gear. (iii) If a marine turtle is entangled in the net, stop net roll as soon as the turtle comes out of the water; disentangle the turtle without injuring it before resuming the net roll; and to the extent practicable, assist the recovery of the turtle before returning it to the water. (iv) Carry and employ dip nets, when appropriate, to handle turtles. (b) Encourage such vessel to adopt FAD designs which reduce the incidence of entanglement of turtles; (c) Require that operators of such vessels record all incidents involving marine turtles during fishing operations in their logbooks3 and report such incidents to the appropriate authorities of the CPC; (d) Provide the results of the reporting under paragraph 7(c) to the Commission as part of the reporting requirement of paragraph 2. 8. All CPCs are requested to: (a) Where appropriate undertake research trials of circle hooks, use of whole finfish for bait, alternative FAD designs, alternative handling techniques, gillnet design and fishing practices and other mitigation methods which may improve the mitigation of adverse effects on turtles; 1 This information should include, where possible, details on species, location of capture, conditions, actions taken on board and location of release 2 This information should include, where possible, details on species, location of capture, conditions, actions taken on board and location of release 3 This information should include, where possible, details on species, location of capture, conditions, actions taken on board and location of release 161 Collection of Resolutions and Recommendations (b) Report the results of these trials to the Scientific Committee (SC), at least (60 days) in advance of the annual meetings of the SC. 9. The Scientific Committee shall request the Working Party on Ecosystems and Bycatch to: (a) Develop recommendations on appropriate mitigation measures for gillnet, longline and purse-seine fisheries in the IOTC Area; (b) Develop guidelines for the appropriate handling and release of marine turtles that are impacted by fisheries under the purview of the IOTC; (c) Develop regional standards covering data collection, data exchange and training; (d) Produce a marine turtle identification guide for the Indian Ocean. The recommendations of the Working Party on Ecosystems and Bycatch shall be provided to the Scientific Committee for consideration at its annual session in 2010. In developing its recommendations, the Working Party on Ecosystems and Bycatch shall examine and take into account the information provided by CPCs in accordance with paragraph 8 of this measure, other research available on the effectiveness of various mitigation methods in the IOTC area, mitigation measures and guidelines adopted by other relevant organizations and, in particular, those of the Western and Central Pacific Fisheries Commission. The Working Party on Ecosystems and Bycatch will specifically consider the effects of circle hooks on target species catch rates, marine turtle mortalities and other bycatch species. 10. At its annual session in 2011 the Commission shall consider the recommendations of the Scientific Committee, together with socio-economic considerations, with a view to adopting further measures to mitigate interactions with marine turtles in fisheries covered by the IOTC Agreement. 11. CPCs should continue to undertake research and development to improve the mitigation of adverse affects on marine turtles and provide research outcomes to the Scientific Committee. 12. In researching new mitigation methods, consideration should be given to ensuring that methods do not cause greater harm than they prevent and do not adversely impact other species (particularly threatened species) and/or the environment. 13. CPCs are encouraged to collaborate with the IOSEA and take into account the IOSEA MoU including the provisions of the Conservation and Management Plan in the implementation of bycatch mitigation measures for marine turtles. 14. The IOTC and IOSEA secretariats are encouraged to intensify their collaboration and exchange of information on marine turtle issues in accordance with the protocols agreed by the Commission. 15. CPCs are encouraged to support developing countries in their implementation of the FAO Guidelines and this Resolution. 16. The Scientific Committee shall annually review the information reported by CPCs pursuant to this measure and, as necessary, provide recommendations to the Commission on ways to strengthen efforts to reduce marine turtle interactions with IOTC fisheries. 162 2009 1
IOTC-RES-10-01 IOTC Binding Tuna species Superseded Collection of Resolutions and Recommendations RESOLUTION 10/01 FOR THE CONSERVATION AND MANAGEMENT OF TROPICAL TUNAS STOCKS IN THE IOTC AREA OF COMPETENCE The Indian Ocean Tuna Commission (I O T C), RECOGNISING that based on past experience in the fishery, the potential production from the resource can be negatively impacted by excessive fishing effort; TAKING INTO ACCOUNT the available scientific information and advice, in particular the IOTC Scientific Committee conclusions whereby the yellowfin and bigeye tuna stocks might have been over or fully exploited in recent years; RECOGNISING that during the 12th IOTC scientific meeting held in Seychelles from 30 November to 04 December 2009, the Scientific Committee recommended that yellowfin and bigeye tuna catches should not exceed the MSY levels which have been estimated at 300,000 tonnes for yellowfin and at 110,000 tonnes for bigeye tuna; ACKNOWLEDGING that the implementation of a TAC without a quota allocation would result in an inequitable distribution of the catches and fishing opportunities among the IOTC Members and Cooperating non-Contracting Parties (CPCs) and non CPCs; FURTHER RECOGNISING that the tuna artisanal fisheries sector needs strengthening in terms of catch statistics reporting in order to more closely follow the catch situations and notwithstanding improvement in the industrial fishery catch statistics reporting requirements; NOTING the importance of applying the precautionary approach for the management of the tropical tuna and swordfish stock, in particular yellowfin and bigeye tuna in the Indian Ocean; ADOPTS, in accordance with the provisions of Article IX, paragraph 1 of the IOTC Agreement, the following: 1. This resolution is applicable in 2011 and 2012 to all vessels of 24 meters overall length and over, and under 24 meters if they fish outside their EEZ, fishing within the IOTC area of competence. 2. With the view to decreasing the pressure on the main targeted stocks and in particular on the yellowfin tuna and bigeye tuna in the IOTC area of competence for the years 2011 and 2012, the area defined by the following coordinates (Annex1) will be closed for longline vessels in each year from 0000 hours on 1 February to 2400 hours on 1 March, and for purse-seine vessels in each year from 0000 hours on 1 November to 2400 hours on 1 December: 0 ° - 10° North 40° and 60° East 3. All vessels fishing within the IOTC area of competence in 2011 and 2012, regardless of the flag under which they operate or whether they change flag during the year, shall observe the area and period closure. 4. CPCs flag states shall monitor the compliance of their vessels with this Resolution, notably through VMS, and will provide a summary of VMS records related to their fleet operation in the previous year for the consideration of the Compliance Committee. 164 Updated April 2010 5. Fishing vessels that do not comply with IOTC Resolution 06/03 "On establishing a vessel monitoring system programme" are not allowed to be active in the IOTC area of competence. 6. Landings, transhipments and commercial transactions of all species, and their products, that have been positively identified as originating from fishing activities that contravene this resolution, are prohibited. 7. Each CPC shall no later than 45 days before the date of entry into force of a closure: a) take the necessary legal and administrative measures to implement the closure; b) inform all interested parties and their national tuna and tuna-like species industries of the closure, c) inform the IOTC Secretary that these steps have been taken. 8. In order to have a more extensive knowledge of the exploitation rate of these species and also the assessment of the feasibility of near real time reporting, the IOTC CPCs agree to implement as soon as possible a pilot project within the framework of the port sampling programme under Resolution 09/04, with a view to enhancing the gathering of catch data related to the activities of the artisanal fishery sector and to establishing a catch reporting system. The pilot project shall be implemented for a 12 months period by the IOTC Secretariat in collaboration with the CPCs concerned. The pilot project will contribute relevant information to the work of the Scientific Committee in future revision of stock estimates and in the assessment of the reporting requirements in respect of catch quota reporting, particularly in the artisanal fisheries. The Scientific Committee will examine the results of the pilot project at its 2011 meeting and provide management advice to the Commission. 9. The Scientific Committee will provide at its 2010 plenary Session any appropriate management options based on the Kobe II matrix (Annex 2) for the consideration of the Commission. 10. The Scientific Committee will provide at its 2011 Plenary session: a) an evaluation of the closure area, specifying in its advice if a modification is necessary, its basic scientific rationale with an assessment of the impact of such a closure on the tropical tuna stocks, notably yellowfin and bigeye; b) an evaluation of the closure time periods, specifying in its advice if a modification is necessary, its basic scientific rationale with an assessment of the impact of such a closure on the tropical tuna stocks, notably yellowfin and bigeye; c) an evaluation of the impact on yellowfin and bigeye tuna stocks by catching juveniles and spawners taken by all fisheries. The Scientific Committee shall also recommend measures to mitigate the impacts on juvenile and spawners; d) any other advice on possible different management measures based on the Kobe II matrix, on the main targeted species under the IOTC competence. 11. CPCs shall implement the following action plan: 165 Collection of Resolutions and Recommendations 1. establishment of an allocation system (Quota) or any other relevant measures based on the Scientific Committee recommendations for the main targeted species under the IOTC competence; 2. advice on the best reporting requirement of the artisanal tuna fisheries and implementation of an appropriate data collection system; 3. the pilot project as specified in paragraph 8. 12. A technical committee meeting shall be held prior to the Commission Plenary session in 2011 to discuss on allocation criteria for the management of the tuna resources of the Indian Ocean and recommend an allocation quota system or any other relevant measures. CPCs are encouraged to submit proposals one month prior to the meeting. 13. The Commission shall adopt an allocation quota system or any other relevant measure for the yellowfin and bigeye tunas at its plenary session in 2012. 166 Updated April 2010 Annex 1 167 Collection of Resolutions and Recommendations Annex 2 168 2010 1 1 1
IOTC-RES-10-02 IOTC Binding MCS In force RESOLUTION 10/02 MANDATORY STATISTICAL REQUIREMENTS FOR IOTC MEMBERS AND COOPERATING NON- CONTRACTING PARTIES (CPC’S) The Indian Ocean Tuna Commission (I O T C) GIVEN that the Agreement for the implementation of the Provisions of the United Nations Convention on the Law of the Sea relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks (UNFSA) encourages coastal States and fishing States on the high seas to collect and share, in a timely manner, complete and accurate data concerning fishing activities on, inter alia, vessel position, catch of target and non-target species and fishing effort. NOTING that the United Nations Food and Agricultural Organisation (FAO) Code of Conduct for Responsible Fishing provides that States should compile fishery-related and other supporting scientific data relating to fish stocks covered by subregional or regional fisheries management organizations and provide them in a timely manner to the organization. RECALLING the commitment made by members under Article V of the IOTC Agreement to keep under review the conditions and trends of the stocks and to gather, analyse and disseminate scientific information, catch and effort statistics and other data relevant to the conservation and management of the stocks and to fisheries based on the stocks covered by the Agreement. COGNISANT that the above commitment can only be achieved when members meet the requirements of Article XI of the IOTC Agreement i.e. to provide statistical and other data and information to minimum specifications and in a timely manner. ACKNOWLEDGING that the IOTC Scientific Committee has repeatedly stressed the importance of the timeliness of data submissions. GIVEN that the activities of supply vessels and the use of Fish Aggregating Devices (FAD) are an integral part of the fishing effort exerted by the purse seine fleet. CONSIDERING the provisions set forth in Resolution 08/01 on mandatory statistical requirements for IOTC Members and Cooperating non-Contracting parties (CPCs), adopted by the Commission in 2008; CONSIDERING the deliberations of the 12th Session of the IOTC Scientific Committee held in Victoria, Seychelles from 30 November to 4 December 2009 ADOPTS, in accordance with the provisions of Article IX, paragraph 1 of the IOTC Agreement, the following: 1. CPC’s shall provide the following information to the IOTC Secretariat according to the timelines specified in paragraph 6: 2. Nominal catch data: Estimates of the total annual catch by species and gear for all species under the IOTC mandate. 3. Catch and effort data: a) For surface fisheries: catch weight by species and fishing effort shall be provided by 1° grid area and month strata. Purse seine fishery data shall be stratified by fishing mode (e.g. free swimming schools or schools in association with floating objects). The data shall be extrapolated to the total national monthly catches for each gear. Documents describing the extrapolation procedures (including raising factors corresponding to the logbook coverage) shall also be submitted routinely. b) Longline fisheries: catch by species, in numbers or weight, and effort as the number of hooks deployed shall be provided by 5° grid area and month strata. Documents describing the extrapolation procedures (including raising factors corresponding to the logbook coverage) shall also be submitted 169 Collection of Resolutions and Recommendations routinely. For the work of relevant working parties under the IOTC Scientific Committee, longline data should be of a resolution of 1° grid area and month or finer. These data would be for the exclusive use of IOTC scientists, subject to the approval of the data owners and IOTC Resolution 98/02 Data confidentiality policy and procedures, and should be provided for scientific use in a timely fashion. c) For coastal fisheries: available catch by species, fishing gear and fishing effort shall be submitted frequently and may be provided using an alternative geographical area if it better represents the fishery concerned. These provisions, applicable to tuna and tuna-like species, shall also be applicable to the most commonly caught shark species and, where possible, to the less common shark species. CPC’s are also encouraged to record and provide data on species other than sharks and tunas taken as bycatch. 4. Size data: Size data shall be provided for all gears and for all species covered by the IOTC mandate according to the guidelines set out by the IOTC Scientific Committee. Size sampling shall be run under strict and well described random sampling schemes which are necessary to provide unbiased figures of the sizes taken. Sampling coverage shall be set to at least one fish measured by ton caught, by species and type of fishery, with samples being representative of all the periods and areas fished. Alternatively, size data for longline fleets may be provided as part of the Regional Observer Scheme where such fleets have at least 5% observer coverage of all fishing operations. Length data by species, including the total number of fish measured, shall be submitted by a 5° grid area by month, by gear and fishing mode (e.g. free swimming schools or schools in association with floating objects for the purse seiners). Documents covering sampling and raising procedures shall also be provided, by species and type of fishery. 5. Given that the activities of supply vessels and the use of Fish Aggregating Devices (FAD) are an integral part of the fishing effort exerted by the purse seine fleet, the following data shall be provided: a) The number and characteristics of supply vessels: (i) operating under their flag, (ii) assisting purse seine vessels operating under their flag, or (iii) licensed to operate in their exclusive economic zones, and that have been present in the IOTC Area. b) Number of days at sea by supply vessels by 1° grid area and month to be reported by the flag state of the supply vessel. c) The total number and type of FADs set by the supply vessel and purse seine fleet per quarter. Types of FADs are defined as 1) drifting log or debris, 2) drifting raft or fad with a net, 3) drifting raft or fad without a net, 4) other (e.g. Payao, dead animal etc). All types monitored by a tracking system. These data would be for the exclusive use of IOTC scientists, subject to the approval of the data owners and Resolution 98/02 Data confidentiality policy and procedures, and should be provided in a timely fashion. 6. Timeliness of data submission to the I O T C Secretariat: (a) Longline fleets operating in the high seas shall provide provisional data for the previous year no later than 30 June. Final data shall be submitted no later than 30 December. (b) All other fleets (including supply vessels) shall submit their final data for the previous year no later than 30 June. (c) In case where the final statistics cannot be submitted by that date, at least preliminary statistics should be provided. Beyond a delay of two years, all revisions of historical data should be formally reported and duly justified. These reports should be made on forms provided by the Secretariat and reviewed by the Scientific Committee. The Scientific Committee will advise the Secretariat if revisions are then accepted for scientific use. 7. This Resolution supersedes Resolution 08/01 on Mandatory statistical requirements for IOTC Members and Cooperating non-Contracting parties (CPCs) 170 2010 1
IOTC-RES-10-03 IOTC Binding MCS In force RESOLUTION 10/03 CONCERNING THE RECORDING OF CATCH BY FISHING VESSELS IN THE IOTC AREA The Indian Ocean Tuna Commission (I O T C), TAKING NOTE of the results of the Inter-sessional Meeting on an Integrated Control and Inspection Scheme held in Yaizu, Japan from 27 to 29 March 2001; CONSIDERING the provisions set forth in Mandatory Statistical Requirements For IOTC Members and Cooperating non-Contracting Parties (CPCs) , and in particular the requirements set out for surface fisheries/purse-seine fleets adopted by the Commission in 2001; CONSIDERING the deliberations of the 9th Session of the IOTC Scientific Committee held in Victoria, Seychelles from 6 to 10 November 2006 where it agreed that a standardised logbook would be advantageous and agreed on the minimum data requirements for all purse-seine and bait boat fleets operating in the IOTC Area of Competence, in order to harmonize data gathering and provide a common basis for scientific analysis for all IOTC Members and Cooperating non-Contracting Parties (CPCs); CONSIDERING the provisions set forth in Resolution 07/03 concerning the recording of catch by fishing vessels in the IOTC area, adopted by the Commission in 2007; CONSIDERING the deliberations of the 12th Session of the IOTC Scientific Committee held in Victoria, Seychelles from 30 November to 4 December 2009 ADOPTS, in accordance with the provisions of Article IX, paragraph 1 of the IOTC Agreement, the following: 1. Each flag CPC shall ensure that all purse-seine vessels flying its flag and authorized to fish species managed by IOTC be subject to a data recording system. Within the IOTC Area of Competence, all purse-seine vessels 24 metres length overall or greater and those under 24 metres if they fish outside the EEZs of their flag States shall keep a bound or electronic logbook to provide data for use by Working Parties and the Scientific Committee that includes, as a minimum requirement, the information and data in the logbook set forth, for illustrative purposes, in Annex I. 2. The logbook data shall be provided by the fishing masters to the flag State administration, as well as to the coastal State administration where the vessel has fished in that coastal State’s EEZ. The flag State and the States which receive this information shall provide all the data for any given year to the IOTC Secretariat and the Scientific Committee by June 30th of the following year on an aggregated basis. The confidentiality rules set out in Resolution 98/02 Data Confidentiality Policy and Procedures for fine-scale data shall apply. 3. This Resolution supersedes Resolution 07/03 concerning the recording of catch by fishing vessels in the IOTC area 171 AUTRE ESPECE préciser le/les nom(s) OTRA ESPECIE dar el/los nombre(s) OTHER SPECIES give name(s) ARRIVEE / LLEGADA / ARRIVAL PORT / PUERTO / PORT DATE / FECHA / DATE HEURE / HORA / HOUR LOCH / CORREDERA / LOCH CAPTURE ESTIMEE ESTIMACION DE LA CAPTURA ESTIMATED CATCH 2 3 LISTAO PATUDO LISTADO PATUDO SKIPJACK BIGEYE PATRON / PATRON / MASTER COMMENTAIRES OBSERVATIONES COMMENTS Route/Recherche, problèmes divers, type d'épave (naturelle/artificielle, balisée, bateau), prise accessoire, taille du banc, autres associations, … Ruta/Busca, problemas varios, tipo de objeto (natural/artificial, con baliza, barco), captura accesoria, talla del banco, otras asociaciones, … Steaming/Searching, miscellaneous problems, log type (natural/artificial, with radio beacon, vessel), by catch, school size, other associations, … (chaque calée ou midi) POSICION (cada lance o mediadia) POSITION (each set or midday) NAVIRE / BARCO / VESSEL ASSOCIATION ASSOCIACION ASSOCIATION REJETS préciser le/les nom(s) DESCARTES dar el/los nombre(s) DISCARDS give name(s) DATE FECHA DATE 1 FEUILLE HOJA / SHEET N° COURANT CORRIENTE CURRENT ALBACORE RABIL YELLOWFIN Collection of Resolutions and Recommendations L O G B O O K T E MP L A T E/ / Annexe I.M O D È L E D E F I C H ES D E PÊ C H E Taille Capture Taille Capture Taille Capture Nom Taille Capture Nom Taille Capture Talla Captura Talla Captura Talla Captura Nombre Talla Captura Nombre Talla Captura Size Catch Size Catch Size Catch Name Size Catch Name Size Catch Une calée par ligne / Uno lance cada línea / One set by line 172 Annex I. DEPART / SALIDA / DEPARTURE PORT / PUERTO / PORT DATE / FECHA / DATE HEURE / HORA / HOUR LOCH / CORREDERA / LOCH CALEE LANCE SET POSITION Instructions for filling the logbook form (E U purse seine and baitboats template) Notice explicative pour utiliser la fiche de pêche (senneurs et canneurs, modèle U E) E N-T Ê T E / C AB E C E R A / H E A DIN G D EPA R T / SA L ID A / DEPA R T URE  Port / Puerto / Port  Date / Fecha / Date  Heure / Hora / Hour  Loch / Corredera / Loch A RRI V E E / L L E G A D A / A RRI V A L  Port / Puerto / Port  Date / Fecha / Date  Heure / Hora / Hour  Loch / Corredera / Loch N A V IR E / B A R C O / V ESSE L PA T R O N / PA T R O N / M AST E R F E UI L L E / H OJA / SH E E T N° Remplir l’information correspondante au départ et au retour. Le loch au départ et au retour permettent d’estimer la distance parcourue par le navire pendant sa marée, et donc indirectement la surface prospectée. Les feuilles seront numérotées de 1 à n pour chaque marée. Fill in the corresponding information at departure and arrival of the boat. Loch at departure and arrival allows to estimate the distance run during the trip, and indirectly the prospected surface. Sheets will be numbered from 1 and following for each trip. D O NN É ES SUR L A PÊ C H E / D A T OS SO BR E L A PESC A / F ISH IN G D A T A Toute les informations concernant les activités, captures, incidents, … qui se sont produits pendant la marée doivent être reportées aussi précisément que possible. All information regarding activities, catches, incidents, …which occurred during the trip should be reported as precisely as possible. D A T E/F E C H A/D A T E Remplir au moins une ligne par jour, même s’il n’y a pas eu d’activité de pêche (cape, avarie, …). Fill in at least one line by day, even in case of no fishing activities. POSI T I O N (chaque calée ou midi)/POSI C I O N (cada lance o mediadia)/POSI T I O N (each set or midday) Utiliser une ligne différente pour chaque calée (y compris les calées nulles), ou chaque DCP déployé, et noter leur position. S’il n’y a pas eu de pêche et qu’aucun DCP n’a été déployé au cours de la journée, noter la position aux environs de midi. Si nécessaire, les informations sur la calée peuvent utiliser plusieurs lignes sans changer les informations générales (date, position, …). Use one line for each set (including negative ones), or each FAD deployed, and note its position. If no set have been made and FADs have not been deployed during the day, note the position around midday. If necessary, information for one set can use several lines, without changing the general information (date and position). C A L E E /L A N C E/SE T ou/o/or D EPL O I E M E N T D E D CP/PL A N T A ND O D E OBJE T O/DEPL O Y M E N T O F F A D  Portant / Positivo / Successful  Nul / Nulo / Nil Cocher la case correspondante selon que le coup est nul ou portant. Tick the corresponding column according that the set was positive or not.  Heure / Hora / Time : Préciser / Especificar / Specify (TU+ ?) Mettre l’heure de début de la calée ou de déploiement de DCP ; préciser le cas échéant l’heure utilisée par le bord (TU+ ??). Indicate the time at the beginning of the set or at the time the FAD was deployed; if necessary, precise the time used on board (TU + ??).  N° Cuve / Cuba / Well Indiquer le numéro de la/les cuve(s) où la capture sera stockée. Indicates the well number where the catch will be stored. C APT UR E EST I M E E / EST I M A CI O N D E L A C APT UR A / EST I M A T E D C A T C H  ALBACORE / RABIL / YELLOWFIN Taille / Talla / Size Capture / Captura / Catch  LISTAO / LISTADO / SKIPJACK Taille / Talla / Size Capture / Captura / Catch  PATUDO / PATUDO / BIGEYE Taille / Talla / Size Capture / Captura / Catch Pour chacune des principales espèces de thons mentionnées, indiquer la capture estimée ainsi que la taille/poids moyen ou la gamme de taille/poids des poissons (par exemple 5-15 kg, 10kg, >30 kg, …). Si la distinction entre espèces n’est pas connue, remplir à cheval sur les 3 colonnes. For each of the main tuna species indicated, note the estimated catch as well as the average size/weight or size/weight range (for example, 173 Collection of Resolutions and Recommendations 174 5-15 kg, 10 kg, > 30 kg, …). In case you cannot separate species, fill in on the 3 columns.  AUTRE ESPECE (préciser le/les nom(s))//OTRA ESPECIE (dar el/los nombre(s))/OTHER SPECIES (give name(s)) Nom / Nombre / Name Taille / Talla / Size Capture / Captura / Catch Remplir comme pour les espèces de thons, en précisant en plus le/les nom(s) de/des espèce(s) pêchées. Fill in as for tuna species, indicating also the name(s) of the fished species.  REJETS (préciser le/les nom(s))/DESCARTES (dar el/los nombre(s))/DISCARDS (give name(s)) Nom / Nombre / Name Taille / Talla / Size Capture / Captura / Catch Remplir comme pour les espèces de thons, en précisant en plus le/les nom(s) de/des espèce(s) rejetées. Fill in as for tuna species, indicating also the name(s) of the discarded species. ASSO C I A T I O N / ASSO C I A C I O N / ASSO C I A T I O N  Banc libre/Banco libre/Free school  Epave / Objeto / Log : N (naturelle/natural), A (artificielle/artificial)  Bateau d'assistance / Barco de appoyo / Supply  Balise / Baliza / Beacon  Requin Baleine / Tiburon Ballena / Shark Wale  Baleine / Ballena / Whale Cocher la colonne correspondant au type d’association observé. Pour une pêche sur épave ou pour le déploiement d’un DCP, préciser si elle est naturelle (N) ou artificielle (A), ainsi que si elle a ou non une balise. Indiquer également si si la calée a été réalisée après l’appel d’un bateau d’assistance. Plusieurs associations sont bien sur possibles, et on peut signaler d’autres associations dans la rubrique « Commentaires ».. Tick the case corresponding to the association type observed. For log sets or deployment of FADs indicate if the log is natural (N) or artificial (A), as well as if there bear or not a beacon. Indicates also if fishing set was done after the call of a supply vessel. Of course, several associations are possible, and others than indicated may be mentioned in the “Comments” field. C O M M E N T A IR ES / O BSE R V A T IO N ES / C O M M E NTS Route/Recherche, problèmes divers, type d'épave (naturelle ou artificielle, balisée, bateau), prise accessoire, taille du banc, autres associations, Steaming/Searching, miscellaneous problems, log type (natural or artificial, with radio beacon, vessel), by catch, school size, other associations, T° Mer / Mar / Sea Indiquer la température de la mer (au 1/10 de degré) si elle est disponible. Indicates the sea surface temperature (1/10 degree) if known. C O UR A N T / C O RRI E NT E / C URR E N T Direction / Direccion / Direction (Degrés / Grados / Degree) Vitesse / Velocidad / Speed (Nœuds / Nudos / Knots) Indiquer la vitesse et la direction du courant si disponible. Indicates the current speed and direction if known. 2010 1
IOTC-RES-10-04 IOTC Binding MCS Superseded RESOLUTION 10/04 ON A REGIONAL OBSERVER SCHEME The Indian Ocean Tuna Commission (I O T C), TAKING INTO ACCOUNT the need to increase the scientific information, in particular to provide the IOTC Scientific Committee working material in order to improve the management of the tuna and tuna-like species fished in the Indian Ocean; REITERATING the responsibilities of flag States to ensure that their vessels conduct their fishing activities in a responsible manner, fully respecting IOTC conservation and management measures; CONSIDERING the need for action to ensure the effectiveness of the IOTC objectives; CONSIDERING the obligation of all IOTC Members and Co-operating Non-contracting Parties (hereinafter CPCs) to fully comply with the IOTC conservation and management measures; AWARE of the necessity for sustained efforts by CPCs to ensure the enforcement of IOTC's conservation and management measures, and the need to encourage non-Contracting Parties (NCPs) to abide by these measures; UNDERLINING that the adoption of this measure is intended to help support the implementation of conservation and management measures as well as scientific research for tuna and tuna-like species; CONSIDERING the provisions set forth in Resolution 09/04 on a Regional Observer Scheme, adopted by the Commission in 2009; CONSIDERING the deliberations of the 12th Session of the IOTC Scientific Committee held in Victoria, Seychelles from 30 November to 4 December 2009 ADOPTS, in accordance with the provisions of Article IX, paragraph 1 of the IOTC Agreement, the following: Objective 1. The objective of the IOTC observer scheme shall be to collect verified catch data and other scientific data related to the fisheries for tuna and tuna-like species in the IOTC area. Observer Scheme 2. In order to improve the collection of scientific data, at least 5 % of the number of operations/sets for each gear type by the fleet of each CPC while fishing in the IOTC Area of 24 meters overall length and over, and under 24 meters if they fish outside their EEZs shall be covered by this observer scheme. For vessels under 24 meters if they fish outside their EEZ, the above mentioned coverage should be achieved progressively by January 2013. 3. When purse seiners are carrying an observer1 as stated in paragraph 1, this observer shall also monitor the catches at unloading to identify the composition of bigeye catches. The requirement for the observer to monitor catches at unloading is not applicable to CPCs already having a sampling scheme, with at least the coverage set out in paragraph 2. 4. The number of the artisanal fishing vessels landings shall also be monitored at the landing place by field samplers2. The indicative level of the coverage of the artisanal fishing vessels should progressively increase towards 5% of the total levels of vessel activity (i.e. total number of vessel trips or total number of vessels active). 5. CPCs shall: 1 Observer: a person that collects information on board fishing vessels. Observer programmes can be used for quantifying species composition of target species, bycatch, by-products and dead discards, collecting tag returns, etc. 2 Field sampler: a person that collects information on land during the unloading of fishing vessels. Field sampling programmes can be used for quantifying catch, retained bycatch, collecting tag returns, etc. 175 Collection of Resolutions and Recommendations a) Have the primary responsibility to obtain qualified observers. Each CPC may choose to use either deployed national or non-national of the flag State of the vessel on which they are deployed; b) Endeavour that the minimum level of coverage is met and that the observed vessels are a representative sample of the gear types active in their fleet; c) Take all necessary measures to ensure that observers are able to carry out their duties in a competent and safe manner; d) Endeavour to ensure that the observers alternate vessels between their assignments. Observers are not to perform duties, other than those described in paragraphs 10 and 11 below; e) Ensure that the vessel on which an observer is placed shall provide suitable food and lodging during the observer's deployment at the same level as the officers, where possible. Vessel masters shall ensure that all necessary co-operation is extended to observers in order for them to carry out their duties safely including providing access, as required, to the retained catch, and catch which is intended to be discarded. 6. The cost of the observer scheme in paragraph 2 and 3 shall be met by each CPC. 7. The sampling scheme referred in paragraph 4 will be covered by the Commission's accumulated funds and voluntary contribution on a provisional basis. The Commission will consider at its 14th Annual meeting an alternative for the financing of this scheme. 8. If the coverage referred in paragraphs 2 and 3 is not met by a CPC, any other CPC may, subject to the consent of the CPC who has not met its coverage, place an observer to fulfil the tasks defined in the paragraphs 1 and 2 until that CPC provides a replacement or the target coverage level is met. 9. CPCs shall provide to the Executive Secretary and the Scientific Committee annually a report of the number of vessels monitored and the coverage achieved by gear type in accordance with the provisions of this Resolution. 10. Observers shall: a) Record and report fishing activities, verify positions of the vessel; b) Observe and estimate catches as far as possible with a view to identifying catch composition and monitoring discards, by-catches and size frequency; c) Record the gear type, mesh size and attachments employed by the master; d) Collect information to enable the cross-checking entries made to the logbooks (species composition and quantities, live and processed weight and location, where available); and e) Carry out such scientific work (for example, collecting samples), as requested by the IOTC Scientific Committee. 11. The observer shall, within 30 days of completion of each trip, provide a report to the CPCs of the vessel. The CPCs shall send within 90 days the report, which is recommended to be provided with 1°x1° format to the Executive Secretary, who shall make the report available to the Scientific Committee upon request. In a case where the vessel is fishing in the EEZ of a coastal state, the report shall equally be submitted to that Coastal State. 12. The confidentiality rules set out in the resolution 98/02 Data confidentiality policy and procedures for fine-scale data shall apply. 13. Field samplers shall monitor catches at the landing place with a view to estimating catch-at-size by type of boat, gear and species, or carry out such scientific work as requested by the IOTC Scientific Committee. 14. The funds available from the IOTC balance of funds may be used to support the implementation of this programme in developing States, notably the training of observers and field samplers. 15. The entry into force of this Resolution is 1 July 2010. 176 16. The elements of the Observer Scheme, notably those regarding its coverage, are subject to review and revision, as appropriate, for application in 2012 and subsequent years. Basing on the experience of other Tuna RFMOs, the Scientific Committee will elaborate an observer working manual, a template to be used for reporting (including minimum data fields) and a training program at its 2009 session. 17. This Resolution supersedes Resolution 09/04 on a Regional Observer Scheme. 177 2010 1
IOTC-RES-10-06 IOTC Binding Non-target species Superseded Collection of Resolutions and Recommendations RESOLUTION 10/06 ON REDUCING THE INCIDENTAL BYCATCH OF SEABIRDS IN LONGLINE FISHERIES The Indian Ocean Tuna Commission (I O T C), RECALLING Resolution 08/03 On reducing Incidental Bycatch of Seabirds in longline fisheries, and in particular, its paragraph 8; RECOGNISING the need to strengthen mechanisms to protect seabirds in the Indian Ocean; TAKING INTO ACCOUNT the United Nations Food and Agriculture Organization (FAO) International Plan of Action for Reducing the Incidental Catch of Seabirds in Longline Fisheries (IPOA-Seabirds); NOTING the recommendations of the IOTC Working Party on Ecosystems and Bycatch (WPEB) on measures to mitigate seabird interactions as outlined in their 2007 and 2009 Reports; ACKNOWLEDGING that to date some IOTC Members and Cooperating non-Contracting Parties (hereinafter referred to as “CPCs”) have identified the need for, and have either completed or are near finalizing, their National Plan of Action on Seabirds; RECOGNISING the concern that some species of seabirds, notably albatross and petrels, are threatened with global extinction; NOTING that the Agreement on the Conservation of Albatrosses and Petrels, which opened for signatures at Canberra on 19 June 2001, has entered into force; NOTING that the ultimate aim of the IOTC and the CPCs is to achieve a zero bycatch of seabirds for fisheries under the purview of the IOTC, especially threatened albatrosses and petrel species in longline fisheries; ADOPTS, in accordance with the provisions of Article IX, paragraph 1 of the IOTC Agreement, the following: 1. CPCs shall seek to achieve reductions in levels of seabird bycatch across all fishing areas, seasons, and fisheries through the use of effective mitigation measures. 2. Fishing operations shall be conducted in such a way that hooklines1 sink beyond the reach of seabirds as soon as possible after they are put in the water. 3. CPCs shall as soon as possible and, at the latest before 1 November 2010, ensure that all longline vessels fishing south of 25°S use at least two of the mitigation measures in Table 1 below, including at least one from Column A. Vessels shall not use the same measure from Column A and Column B. Until 31 October 2010, CPCs shall ensure that all longline vessels fishing south of 30°S use at least two of the mitigation measures in Table 1 below, including at least one from Column A. Vessels shall not use the same measure from Column A and Column B. 4. In all other areas, CPCs may require that longline vessels use at least one of the measures in Table 1. 5. Mitigation measures used shall conform to the minimum technical standards for the measures as shown in Annex 1. 6. The design and deployment for bird scaring lines shall meet the specifications provided in Annex 2. 7. CPCs shall provide to the Commission, as part of their annual reports, information on how they are implementing this measure and all available information on interactions with seabirds, including bycatch by fishing vessels carrying their flag or authorised to fish by them. 1 Hookline is defined as the groundline or mainline to which the baited hooks are attached by snoods. 180 This is to including details of species where available to enable the Scientific Committee to annually estimate seabird mortality in all fisheries within the IOTC area of competence. 8. The Scientific Committee, based notably on the work of the WPEB and information from CPCs, will analyse the impact of this Resolution on seabird bycatch no later than for the 2011 meeting of the Commission. It shall advise the Commission on any modifications that are required, based on experience to date of the operation of the Resolution and/or further international studies or research on the issue, in order to make the Resolution more effective. 9. Resolution 08/03. On Reducing Incidental Bycatch of Seabirds in Longline Fisheries is superseded by this Resolution. Table 1: Seabird mitigation measures Column A Column B Night setting with minimum deck lighting Night setting with minimum deck lighting Bird-scaring lines (Tori Lines) Bird-scaring lines (Tori Lines) Weighted branch lines Weighted branch lines Blue-dyed squid bait Offal discharge control Line shooting device 181 Mitigation Measure Night setting with minimum deck lighting Bird-scaring lines (tori lines) Weighted branch lines Blue-dyed squid bait Management of offal discharge Line-setter or line-shooter Collection of Resolutions and Recommendations A NN E X I Specification Nautical dusk and nautical dawn are defined as set out in the Nautical Almanac tables for relevant latitude, local time and date. Minimum deck lighting should not breach minimum standards for safety and navigation. Design and deployment for bird-scaring lines are provided in Annex 2 of this Resolution. minimum of 45 grams weight attached to all branch lines; less than 60 grams weight must be within 1 metre of the hook; 60 grams or greater and less than 98 grams must be within 3. 5 metres of the hook; and 98 grams or greater must be within 4 metres of the hook The standardized colour shall be equivalent to bait dyed using “Brilliant Blue” food dye (Colour Index 42090, also known as Food Additive Number E133) mixed at 0.5% for a minimum of 20 minutes. No offal discharge during setting. Offal discharge during hauling should be avoided if possible. If offal discharge is essential during hauling, it must be from the opposite side of the boat to hauling activity. Position line-setter as close to the water line as feasible. Ensure mainline is pulled at a constant speed and slightly faster than the speed of vessel during line- setting, to ensure lines are set slack to aid sinking rate. Avoid setting into propwash. 182 Description No setting between nautical dawn and before nautical dusk. Deck lighting to be kept to a minimum A bird-scaring line shall be deployed during longline setting to deter birds from approaching the branch line. Weights must be attached to all branch lines in accordance with specifications provided All bait must be dyed to the colour and shade shown in the placard provided by the IOTC Secretariat. No offal discharge during setting. Strategic offal discharge may occur during hauling. Permits a mainline to be set slack (no tension astern) A NN E X II D ESI G N A ND D EP L O Y M E N T O F BIRD SC A RIN G L IN ES (T O RI L IN ES) Bird-Scaring Line Design 1. The bird-scaring line shall be a minimum of 100 m in length and if less than 150 m in length will include an object towed at the seaward end to create tension to maximise aerial coverage. The section above water shall be a strong fine line of a conspicuous colour such as red or orange. 2. The above water section of the line shall be sufficiently light that its movement is unpredictable to avoid habituation by birds and sufficiently heavy to avoid deflection of the line by wind. 3. Streamers for the bird-scaring line shall be made of material that is conspicuous and produces an unpredictable lively action (e.g. strong fine line sheathed in red polyurethane tubing) and shall be suspended in pairs from a robust three-way swivel attached to the bird scaring line and shall hang just clear of the water. 4. There shall be a maximum of 5 m between each streamer pair. 5. The number of streamers shall be adjusted for the setting speed of the vessel, with more streamers necessary at slower setting speeds. Deployment of Bird scaring Lines 1. The line shall be deployed before longlines enter into the water. 2. The line should have an aerial coverage of at least 100 metres. To achieve this coverage the line shall be suspended from a point a minimum of 5 metres above the water at the stern on the windward side of the point where the branch line enters the water. 3. The bird scaring line shall be set so that streamers pass over baited hooks in the water. The position of the object towed shall be maintained so as to ensure, even during crosswinds, that the aerial extent of the bird-scaring line is over the branch line as far astern of the vessel as possible. 4. Because there is the potential for line breakage and tangling, spare bird scaring lines shall be carried onboard to replace damaged lines and to ensure fishing operations can continue uninterrupted. F igure 1. Diagram of Bird-scaring Streamer Line. 183 2010 1
IOTC-RES-10-08 IOTC Binding MCS In force Collection of Resolutions and Recommendations RESOLUTION 10/08 CONCERNING A RECORD OF ACTIVE VESSELS FISHING FOR TUNAS AND SWORDFISH IN THE IOTC AREA The Indian Ocean Tuna Commission (I O T C): CONSCIOUS of the duties of every State to exercise effectively its jurisdiction and control over vessels flying its flag; RECALLING the responsibilities incumbent on States whose vessels fish for highly migratory fish stocks on the high seas; NOTING that the information about the size of active fleets for implementing the limitation of fishing capacity as set forth in Resolution 09/02 On the implementation of a limitation of fishing capacity of Contracting Parties and Cooperating non-Contracting Parties; MINDFUL of the recommendation 17 of the Performance Review Panel, as listed in Resolution 09/01 On the performance review follow-up, that the obligation incumbent to a flag State to report data for its vessels be included in a separate Resolution from the obligation incumbent on Members to report data on the vessels of third countries they licence to fish in their exclusive economic zones (EEZs). ADOPTS, in accordance with the provisions of Article IX, paragraph 1 of the IOTC Agreement, the following: 1. All IOTC Members and Cooperating non-Contracting Parties (CPCs) with vessels fishing for tunas and swordfish in the IOTC Area of Competence (hereinafter referred to as “the Area”), shall submit to the Secretary by 15 February every year a list of their respective vessels that were active in the Area during the previous year and that are: a. larger than 24 metres in length overall, or b. in case of vessels less than 24m, those operating in waters outside the economic exclusive zone of the flag state, 2. These lists shall contain the following information for each vessel: The IOTC number; Name and registration number; IMO number, if available; Previous flag (if any); International radio call sign (if any); Vessel type, length, and gross tonnage (GT); Name and address of owner, and/or charterer, and/or operator; Main target species, Period of authorisation 3. The Secretary shall maintain the IOTC Record of Active Vessels, and take any measure to ensure publicity of the Record and through electronic means, including placing it on the IOTC website, in a manner consistent with confidentiality requirements noted by CPCs. 4. The Secretary shall compile, for consideration by the Compliance Committee, a report on the information submitted by CPCs. 5. The objective of the report shall be to provide the Compliance Committee with an independent evaluation of the level of compliance to this resolution, and other pertinent IOTC resolution(s), by the concerned CPCs. 6. The Compliance Committee shall after its evaluation of the Secretary’s report, make appropriate recommendations to the Commission on actions that should be pursued against the non- complying CPCs. These should include, inter alia, taking actions under Resolution 10/10. 186 7. IOTC Resolution 07/04 Concerning registration and exchange of information on vessels fishing for tunas and swordfish in the IOTC Area is superseded by this Resolution. 187 2010 1
IOTC-RES-10-09 IOTC Binding MCS In force Collection of Resolutions and Recommendations RESOLUTION 10/09 CONCERNING THE FUNCTIONS OF THE COMPLIANCE COMMITTEE The Indian Ocean Tuna Commission (I O T C), CONCERNED that in general the level of compliance within the Commission need to be improved in order to insure the sustainability and a sound management of the IOTC fishing resources. CONCERNED that the performance Review Panel concluded that there is a poor record of compliance and limited tools for addressing non-compliance. RECALLING that the Commission expressed its concern about some specific matters and urged all IOTC Members and Cooperating non-Contracting Parties (CPCs) to take the necessary steps to meet IOTC fisheries data requirements: RECALLING, that the Performance Review Panel found that it is imperative to strengthen the ability of the Compliance Committee to monitor non-compliance and advise the Commission on actions which might be taken in response to non-compliance and sanction mechanisms for non-compliance and provisions for follow-up on infringements should be developed. AFFIRMING the urgent need that all CPCs ensure the proper implementation of the IOTC legislation. ADOPTS, in accordance with the provisions of Article IX, paragraph 1 of the IOTC Agreement, the following Terms of reference for the Compliance Committee: 1. Meetings of the Compliance Committee The meetings of the Compliance Committee shall be held for a period of at least Two (2) days in the week preceding the meeting of the Commission, to assess individual IOTC Members and Co-operating non-Contracting Parties' (hereinafter referred to as “CPCs”) compliance and enforcement with their obligations as Members and Cooperating non Members of IOTC. Compliance Committee sessions might also be held, if necessary, during the days of the plenary sessions. 2. Mandate and Objectives of the Compliance Committee 2.1. The Compliance Committee shall be responsible for reviewing all aspects of CPCs individual compliance with IOTC conservation and management resolutions in the IOTC Area. 2.2. The Compliance Committee shall report directly to the Commission on its deliberations and recommendations. 2.3. The Compliance Committee shall cooperate closely with other IOTC subsidiary bodies in order to remain informed on all issues concerning compliance with IOTC conservation and management resolutions. 2.4. The work of the Compliance Committee shall be guided by the following overall objectives: 2.4.1. To provide a structured forum for discussion of all problems related to effective implementation of, and compliance with, IOTC conservation and management resolutions in the IOTC Area; 2.4.2. To gather and review information relevant to compliance with IOTC conservation and management resolutions from IOTC subsidiary bodies, and from Reports of Implementation submitted by CPCs, 2.4.3. To identify and discuss problems related to the implementation of, and compliance with, IOTC conservation and management resolutions, and to make recommendations to the Commission on how to address these problems. 188 3. The terms of reference of the Compliance Committee shall be to: 3.1 Review each individual CPC's compliance with conservation and management resolutions adopted by the Commission and make such recommendations to the Commission as may be necessary to ensure their effectiveness, notably in relation to: i) The mandatory statistical requirements and all issues related to obligatory reporting and data providing, including non targeted species; ii) The level of CPC's conformity with conservation resolutions; iii) The CPC's conformity with the resolutions concerning the limitation of the fishing capacity; iv) The status of implementation of resolutions for monitoring, control, surveillance and enforcement adopted by the Commission (Port inspections, VMS, follow-up on infringements and market related measures); v) The reporting on authorised as well as active vessels in IOTC area of competence, in particular in relation to the fishing effort limitation IOTC Resolutions; 3.2 The Compliance Committee shall also be tasked to: i) Compile reports, with the help of the IOTC Secretariat, based on information submitted by CPCs in accordance to the various Resolutions adopted by the Commission and, which will form the basis for the compliance examination process; ii) Develop a structured, integrated approach to evaluate the compliance of each of the Members against the IOTC Resolutions in force. The Chairman of the Compliance Committee, assisted by the IOTC Secretariat, will identify, select and transmit the significant non compliance issues to each CPC and submit them for discussion at the Compliance Committee meeting; iii) Issue its opinion on the compliance status of each CPC at the end of the meeting. Non compliance with the IOTC conservation and management resolutions will lead to a declaration of non compliance by the Compliance Committee and recommend suitable actions for consideration of the Commission; iv) Develop a scheme of incentives and sanctions and a mechanism for their application to encourage compliance by all CPCs, v) Perform such other tasks as directed by the Commission. 4. Compliance Committee preparatory works: 4.1 In preparation for the meeting of the Compliance Committee the IOTC Secretariat will: i) send each CPC, 4 months prior to the annual meeting, a standard questionnaire on compliance with the various IOTC resolutions governing conservation and management for receiving comments and answers from the concerned CPCs within 45 days; ii) circulate to all CPCs, 2 months prior the annual meeting, the comments and answers provided by each CPC in response to the questionnaire and invite comments and possible questions from all other CPCs; iii) compile CPCs' initial replies to the questionnaire and comments and questions provided by other CPCs in the form of tables that will form the basis for the compliance examination process. These tables will be distributed to CPCs for discussion during the Compliance Committee session. 4.2 The Chairman of the Compliance Committee, assisted by the Secretariat of IOTC, will identify, select and transmit the significant non compliance issues to each concerned CPC and submit them for discussion in the Compliance Committee meeting at least 30 days in advance. 5. Opinion of the Compliance Committee At the end of the meeting the Compliance Committee shall issue its opinion on the compliance status of each CPC. 189 Collection of Resolutions and Recommendations 6. IOTC Resolution 02/03 concerning Terms of Reference for the IOTC Compliance Committee is superseded by this Resolution. 190 2010 1
IOTC-RES-10-10 IOTC Binding MCS In force RESOLUTION 10/10 CONCERNING MARKET RELATED MEASURES The Indian Ocean Tuna Commission (I O T C), RECALLING that the IOTC adopted Resolution 01/07 concerning its support of the IPOA-IUU Plan, RECALLING the IOTC Recommendation 03/05 concerning Trade Related Measures and its non- binding nature; CONSIDERING the calls of the United Nation General Assembly, included in particular in the UNGA Resolutions on Sustainable Fisheries N° 61/105 of 6 December 2006 and N° 62/177 of 18 December 2007, urging States, individually and through Regional Fisheries Management Organisation to adopt and implement trade measures in accordance with international law, including principles, rights and obligations established in World Trade Agreements; CONSIDERING the need for action to ensure the effectiveness of the IOTC objectives; CONSIDERING the obligation of all IOTC Members and Co-operating Non-contracting Parties (hereinafter CPCs) to respect the IOTC conservation and management measures; AWARE of the necessity for sustained efforts by CPCs to ensure the enforcement of IOTC's conservation and management measures, and the need to encourage non-Contracting Parties (NCPs) to abide by these measures; NOTING that market related measures should be implemented only as last resort, where other measures have proven unsuccessful to prevent, deter and eliminate any act or omission that diminishes the effectiveness of IOTC conservation and management measures; ALSO NOTING that market related measures should be adopted and implemented in accordance with international law, including principles, rights and obligations established in WTO Agreements, and be implemented in a fair, transparent and non-discriminatory manner. ADOPTS, in accordance with the provisions of Article IX, paragraph 1 of the IOTC Agreement, the following: Identification 1. CPCs that import tuna and tuna-like fish products, from the IOTC Area of competence, or in whose ports those products are landed or transhipped, should, as much as possible, collect and examine all relevant data on import, landing or transhipment and associated information and submit the following information to the Commission each year at least 60 days prior to the annual meeting of the Commission: i. Names of the vessels that caught, landed and/or transhipped such tuna or tuna-like species products, ii. Flag States of those vessels, iii. Species of tuna and tuna-like species of the products, iv. Areas of catch (Indian Ocean, or other area), v. Product weight by product type, 191 Collection of Resolutions and Recommendations vi. Points of export, vii. Names and addresses of owners of the vessels, viii. Registration number. 2. (a) The Commission, through the Compliance Committee should identify each year: i) The CPCs who have repeatedly failed, as stated by the Commission in its annual Plenary, to discharge their obligations under the IOTC Agreement in respect of IOTC conservation and management measures, in particular, by not taking measures or exercising effective control to ensure compliance with IOTC conservation and management measures by the vessels flying their flag; and/or ii) The NCPs who have failed to discharge their obligations under international law to co- operate with IOTC in the conservation and management of tuna and tuna-like species, in particular, by not taking measures or exercising effective control to ensure that their vessels do not engage in any activity that undermines the effectiveness of IOTC conservation and management measures. (b) These identifications should be based on a review of all information provided in accordance with paragraph 1 or, as appropriate, any other relevant information, such as: the catch data compiled by the Commission; trade information on these species obtained from National Statistics; the IOTC statistical document programme; the list of the IUU vessels adopted by the IOTC, as well as any other information obtained in the ports and on the fishing grounds. (c) In deciding whether to make identification, the Compliance Committee should consider all relevant matters including the history, and the nature, circumstances, extent, and gravity of the act or omission that may have diminished the effectiveness of IOTC conservation and management measures. Notification 3. The Commission should request CPCs and NCPs concerned to rectify the act or omission identified under paragraph 2 so as not to diminish the effectiveness of the IOTC conservation and management measures. The Commission should notify identified CPCs and NCPs of the following: a) the reason(s) for the identification with all available supporting evidence; b) the opportunity to respond to the Commission in writing at least 30 days prior to the annual meeting of the Commission with regard to the identification decision and other relevant information, for example, evidence refuting the identification or, where appropriate, a plan of action for improvement and the steps they have taken to rectify the situation; and c) in the case of a NCP, an invitation to participate as an observer at the annual meeting where the issue will be considered. 4. The Secretariat should transmit without delay the Commission's request referred to in paragraph 3 to the identified CPC or NCP. The Secretary should seek to obtain confirmation from the CPC or the NCP that it received the notification. Absence of response from the CPC or NCP concerned within the time limit shall not prevent action from the Commission. Evaluation and possible actions 192 5. The Compliance Committee should evaluate the response of the CPCs or NCPs referred to in paragraph 3 b), together with any new information, and propose to the Commission to decide upon one of the following actions: a) the revocation of the identification; b) the continuation of the identification status of the CPC or NCP; or c) the adoption of non-discriminatory WTO-consistent market related measuresin accordance with Article IX paragraph 1 of the IOTC Agreement. In the case of CPCs, actions such as the reduction of existing quotas or catch limits should be implemented to the extent possible before consideration is given to the application of market related measures referred to in subparagraph c). Market related measures should be considered only where such actions either have proven unsuccessful or would not be effective. 6. The Commission, through the Secretariat, should notify the CPCs and NCPs concerned of its decision and the underlying reasons in accordance with the procedures specified in paragraph 4. 7. CPCs should notify the Commission of any measures that they have taken for the enforcement of the non-discriminatory market related measures adopted in accordance with paragraph 5. 8. The Commission should establish annually a list of CPCs and NCPs that have been subject to a non-discriminatory market-related measure pursuant to paragraph 5 and, with respect to NCPs, are considered as Non Co-operating Non Contracting Parties to IOTC. Review of market related measures 9. In order for the Commission to adopt the possible lifting of market related measures, the Compliance Committee should review each year all non-discriminatory market related measures adopted in accordance with paragraph 5. Should this review show that the situation has been rectified the Compliance Committee should recommend to the Commission the lifting of the non-discriminatory market related measures. Such decisions should in particular take into consideration whether the CPCs and/or NCPs concerned have demonstrated by submitting the necessary evidence that the conditions that led to the adoption of non-discriminatory market related measures are no longer met. 10. Where exceptional circumstances so warrant or where available information clearly shows that, despite the lifting of non-discriminatory market related measures adopted in accordance with paragraph 9, the CPC or NCP concerned continues to diminish the effectiveness of IOTC conservation and management measures, the Commission may immediately decide on action including, as appropriate, the imposition of non-discriminatory market related measures in accordance with paragraph 5. Before making such a decision, the Commission should request the CPC or NCP concerned to discontinue its wrongful conduct and, after verification through the Secretariat that the CPC or NCP concerned has received such communication, should provide the CPC or NCP with an opportunity to respond within 10 working days. Absence of response from the CPC or NCP concerned within the time limit shall not prevent action from the Commission. 193 2010 1
IOTC-RES-10-11 IOTC Binding MCS In force Collection of Resolutions and Recommendations RESOLUTION 10/11 ON PORT STATE MEASURES TO PREVENT, DETER AND ELIMINATE ILLEGAL, UNREPORTED AND UNREGULATED FISHING The Indian Ocean Tuna Commission (I O T C): DEEPLY CONCERNED about the continuation of illegal, unreported and unregulated fishing in the IOTC Area and its detrimental effect upon fish stocks, marine ecosystems and the livelihoods of legitimate fishers in particular in Small Island Developing States, and the increasing need for food security in the region, CONSCIOUS of the role of the port State in the adoption of effective measures to promote the sustainable use and the long-term conservation of living marine resources, RECOGNIZING that measures to combat illegal, unreported and unregulated fishing should build on the primary responsibility of flag States and use all available jurisdiction in accordance with international law, including port State measures, coastal State measures, market related measures and measures to ensure that nationals do not support or engage in illegal, unreported and unregulated fishing, RECOGNIZING that port State measures provide a powerful and cost-effective means of preventing, deterring and eliminating illegal, unreported and unregulated fishing, AWARE of the need for increasing coordination at the regional and interregional levels to combat illegal, unreported and unregulated fishing through port State measures, RECOGNIZING the need for assistance to developing countries, in particular Small Island Developing States to adopt and implement port State measures, TAKING NOTE OF the binding Agreement on port State measures to combat IUU fishing which was adopted and opened for signature within the framework of FAO in November 2009, and desiring to implement this Agreement in an efficient manner in the IOTC Area, , BEARING IN MIND that, in the exercise of their sovereignty over ports located in their territory, IOTC Members and Cooperating non-Contracting Parties (CPCs) may adopt more stringent measures, in accordance with international law, RECALLING the relevant provisions of the United Nations Convention on the Law of the Sea of 10 December 1982, hereinafter referred to as the Convention, RECALLING the Agreement for the Implementation of the Provisions of the United Nations Convention on the Law of the Sea of 10 December 1982 relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks of 4 December 1995, the Agreement to Promote Compliance with International Conservation and Management Resolutions by Fishing Vessels on the High Seas of 24 November 1993 and the 1995 FAO Code of Conduct for Responsible Fisheries, ADOPTS, in accordance with the provisions of Article IX, paragraph 1 of the IOTC Agreement, the following: 194 PA R T 1 G E N E R A L PR O V ISI O NS 1. Use of terms For the purposes of this Resolution: (a) “fish” means all species of highly migratory fish stocks covered by the IOTC Agreement; (b) “fishing” means searching for, attracting, locating, catching, taking or harvesting fish or any activity which can reasonably be expected to result in the attracting, locating, catching, taking or harvesting of fish; (c) “fishing related activities” means any operation in support of, or in preparation for, fishing, including the landing, packaging, processing, transshipping or transporting of fish that have not been previously landed at a port, as well as the provisioning of personnel, fuel, gear and other supplies at sea; (d) “illegal, unreported and unregulated fishing” refers to the activities set out in paragraph 1 of the Resolution 2009/03; (e) “port” includes offshore terminals and other installations for landing, transshipping, packaging, processing, refueling or resupplying; and (f) “vessel” means any vessel, ship of another type or boat used for, equipped to be used for, or intended to be used for, fishing or fishing related activities. 2. Objective The objective of this Resolution is to prevent, deter and eliminate IUU fishing through the implementation of effective port State measures to control the harvest of fish caught in the IOTC Area, and thereby to ensure the long-term conservation and sustainable use of these resources and marine ecosystems. 3. Application 3.1 Each CPC shall, in its capacity as a port State, apply this Resolution in respect of vessels not entitled to fly its flag that are seeking entry to its ports or are in one of its ports, except for: (a) vessels of a neighbouring State that are engaged in artisanal fishing for subsistence, provided that the port State and the flag State cooperate to ensure that such vessels do not engage in IUU fishing or fishing related activities in support of such fishing ; and (b) container vessels that are not carrying fish or, if carrying fish, only fish that have been previously landed, provided that there are no clear grounds for suspecting that such vessels have engaged in fishing related activities in support of IUU fishing. 3.2 This Resolution shall be applied in a fair, transparent and non-discriminatory manner, consistent with international law. 4. Integration and coordination at the national level Each CPC shall, to the greatest extent possible: (a) integrate or coordinate fisheries related port State measures with the broader system of port State controls; (b) integrate port State measures with other measures to prevent, deter and eliminate IUU fishing and fishing related activities in support of such fishing, taking into account as appropriate the 2001 FAO International Plan of Action to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing; and 195 Collection of Resolutions and Recommendations (c) take measures to exchange information among relevant national agencies and to coordinate the activities of such agencies in the implementation of this Conservation and Management Resolution. PA R T 2 E N T R Y IN T O PO R T 5. Designation of ports 5.1 Each CPC shall designate and publicize the ports to which vessels may request entry pursuant to this Resolution. Each CPC shall provide a list of its designated ports to IOTC Secretariat before 31 December 2010, which shall give it due publicity on the IOTC website. 5.2 ach CPC shall, to the greatest extent possible, ensure that every port designated and publicized in accordance with point 5.1 has sufficient capacity to conduct inspections pursuant to this Resolution. 6. Advance request for port entry 6.1 Each CPC shall require the information requested in Annex 1 to be provided before granting entry to a vessel to its port. 6.2 Each CPC shall require the information referred to in point 6.1 to be provided at least 24 hours before entering into port or immediately after the end of the fishing operations, if the time distance to the port is less than 24 hours. For the latter, the port State must have enough time to examine the above mentioned information. 7. Port entry, authorization or denial 7.1 After receiving the relevant information required pursuant to section 6, as well as such other information as it may require to determine whether the vessel requesting entry into its port has engaged in IUU fishing or fishing related activities in support of such fishing, each CPC shall decide whether to authorize or deny the entry of the vessel into its port and shall communicate this decision to the vessel or to its representative. 7.2 In the case of authorization of entry, the master of the vessel or the vessel’s representative shall be required to present the authorization for entry to the competent authorities of the CPC upon the vessel’s arrival at port. 7.3 In the case of denial of entry, each CPC shall communicate its decision taken pursuant to point 7.1, to the flag State of the vessel and, as appropriate and to the extent possible, relevant coastal States and IOTC secreteriat. The IOTC Secretariat may, if deemed appropriate to combat IUU fishing at global level, communicate this decision to Secretariats of other RFMO's. 7.4 Without prejudice to point 7.1, when a CPC has sufficient proof that a vessel seeking entry into its port has engaged in IUU fishing or fishing related activities in support of such fishing, in particular the inclusion of a vessel on a list of vessels having engaged in such fishing or fishing related activities adopted by a regional fisheries management organization in accordance with the rules and procedures of such organization and in conformity with international law, the CPC shall deny that vessel entry into its ports. 7.5 Notwithstanding points 7.3 and7.44, a CPC may allow entry into its ports of a vessel referred to in those points exclusively for the purpose of inspecting it and taking other appropriate actions in conformity with international law which are at least as effective as denial of port entry in preventing, deterring and eliminating IUU fishing and fishing related activities in support of such fishing. 7.6 Where a vessel referred to in points 7.4 or 7.5 is in port for any reason, a CPC shall deny such vessel the use of its ports for landing, transshipping, packaging, and processing of fish and for other port services including, inter alia, refueling and resupplying, maintenance and drydocking. Points 9.2 and 9.3 of section 9 apply mutatis mutandis in such cases. Denial of such use of ports shall be in conformity with international law. 196 8. Force majeure or distress Nothing in this Resolution affects the entry of vessels to port in accordance with international law for reasons of force majeure or distress, or prevents a port State from permitting entry into port to a vessel exclusively for the purpose of rendering assistance to persons, ships or aircraft in danger or distress. PA R T 3 USE O F P O R TS 9. Use of ports 9.1 Where a vessel has entered one of its ports, a CPC shall deny, pursuant to its laws and regulations and consistent with international law, including this Conservation and management resolution, that vessel the use of the port for landing, transshipping, packaging and processing of fish that have not been previously landed and for other port services, including, inter alia, refueling and resupplying, maintenance and drydocking, if: a) the CPC finds that the vessel does not have a valid and applicable authorization to engage in fishing or fishing related activities required by its flag State; b) the CPC finds that the vessel does not have a valid and applicable authorization to engage in fishing or fishing related activities required by a coastal State in respect of areas under the national jurisdiction of that State; c) the CPC receives clear evidence that the fish on board was taken in contravention of applicable requirements of a coastal State in respect of areas under the national jurisdiction of that State; d) the flag State does not confirm within a reasonable period of time, on the request of the port State, that the fish on board was taken in accordance with applicable requirements of a relevant regional fisheries management organization; or e) the CPC has reasonable grounds to believe that the vessel was otherwise engaged in IUU fishing or fishing related activities in support of such fishing, including in support of a vessel referred to in point 7.4, unless the vessel can establish: i. that it was acting in a manner consistent with relevant IOTC resolutions; or ii. in the case of provision of personnel, fuel, gear and other supplies at sea, that the vessel that was provisioned was not, at the time of provisioning, a vessel referred to in point 4 of paragraph 7. 9.2 Notwithstanding point 9.1, a CPC shall not deny a vessel referred to in that point the use of port services: a) essential to the safety or health of the crew or the safety of the vessel, provided these needs are duly proven, or b) where appropriate, for the scrapping of the vessel. 9.3 Where a CPC has denied the use of its port in accordance with this paragraph, it shall promptly notify the flag State and, as appropriate, relevant coastal States, IOTC or other regional fisheries management organizations and other relevant international organizations of its decision. 9.4 A CPC shall withdraw its denial of the use of its port pursuant to point 9.1 in respect of a vessel only if there is sufficient proof that the grounds on which use was denied were inadequate or erroneous or that such grounds no longer apply. 9.5 Where a CPC has withdrawn its denial pursuant to point 9.4, it shall promptly notify those to whom a notification was issued pursuant to point 9.3. PA R T 4 INSPE C T I O NS A ND F O L L O W-UP A C T I O NS 10. Levels and priorities for inspection 197 Collection of Resolutions and Recommendations 198 10.1 Each CPC shall carry out inspections of at least 5% of landings or transhipments in its ports during each reporting year. 10.2 Inspections shall involve the monitoring of the entire discharge or transhipment and include a cross-check between the quantities by species recorded in the prior notice of landing and the quantities by species landed or transhipped. When the landing or transhipment is completed, the inspector shall verify and note the quantities by species of fish remaining on board. 10.3 National inspectors shall make all possible efforts to avoid unduly delaying a vessel and ensure that the vessel suffers the minimum interference and inconvenience and that degradation of the quality of the fish is avoided. 10.4 The port CPC may invite inspectors of other CPC to accompany their own inspectors and observe the inspection of landings or transhipment operations of fishery resources caught by fishing vessels flying the flag of another CPC. 11. Conduct of inspections 11.1 Each CPC shall ensure that its inspectors carry out the functions set forth in Annex 2 as a minimum standard. 11.2 Each CPC shall, in carrying out inspections in its ports: a) ensure that inspections are carried out by properly qualified inspectors authorized for that purpose, having regard in particular to section 14; b) ensure that, prior to an inspection, inspectors are required to present to the master of the vessel an appropriate document identifying the inspectors as such; c) ensure that inspectors examine all relevant areas of the vessel, the fish on board, the nets and any other gear, equipment, and any document or record on board that is relevant to verifying compliance with relevant conservation and management resolutions; d) require the master of the vessel to give inspectors all necessary assistance and information, and to present relevant material and documents as may be required, or certified copies thereof; e) in case of appropriate arrangements with the flag State of the vessel, invite the flag State to participate in the inspection; f) make all possible efforts to avoid unduly delaying the vessel to minimize interference and inconvenience, including any unnecessary presence of inspectors on board, and to avoid action that would adversely affect the quality of the fish on board; g) make all possible efforts to facilitate communication with the master or senior crew members of the vessel, including where possible and where needed that the inspector is accompanied by an interpreter; h) ensure that inspections are conducted in a fair, transparent and non- discriminatory manner and would not constitute harassment of any vessel; and i) not interfere with the master’s ability, in conformity with international law, to communicate with the authorities of the flag State. 12. Results of inspections Each CPC shall, as a minimum standard, include the information set out in Annex 3 in the written report of the results of each inspection. 13. Transmittal of inspection results 13.1 The port State CPC shall, within three full working days of the completion of the inspection, transmit by electronic means a copy of the inspection report and, upon request, an original or a certified copy thereof, to the master of the inspected vessel, to the flag State, to the IOTC Secretariat and, as appropriate, to: a) the flag State of any vessel that transhipped catch to the inspected vessel; b) the relevant CPCs and States, including those States for which there is evidence through inspection that the vessel has engaged in IUU fishing, or fishing related activities in support of such fishing, within waters under their national jurisdiction; and c) the State of which the vessel’s master is a national. 13.2 The IOTC Secretariat shall without delay transmit the inspection reports to the relevant regional fisheries management organizations, and post the inspection report on the IOTC website. 14. Training of inspectors Each CPC shall ensure that its inspectors are properly trained taking into account the guidelines for the training of inspectors in Annex 5. CPC shall seek to cooperate in this regard. 15. Port State actions following inspection 15.1 Where, following an inspection, there are clear grounds for believing that a vessel has engaged IUU fishing or fishing related activities in support of such fishing, the inspecting CPC shall: a) promptly notify the flag State, the IOTC Secretariat and, as appropriate, relevant coastal States, and other regional fisheries management organizations, and the State of which the vessel’s master is a national of its findings; and b) deny the vessel the use of its port for landing, transshipping, packaging and processing of fish that have not been previously landed and for other port services, including, inter alia, refueling and resupplying, maintenance and drydocking, if these actions have not already been taken in respect of the vessel, in a manner consistent with this Conservation and Management Resolution. 15.2 Notwithstanding point 15.1, a CPC shall not deny a vessel referred to in that point the use of port services essential for the safety or health of the crew or the safety of the vessel. 15.3 Nothing in this Resolution prevents a CPC from taking measures that are in conformity with international law in addition to those specified in points 15.1 and 15.2, including such measures as the flag State of the vessel has expressly requested or to which it has consented. 16. Information on recourse in the port State 16.1 A CPC shall maintain the relevant information available to the public and provide such information, upon written request, to the owner, operator, master or representative of a vessel with regard to any recourse established in accordance with its national laws and regulations concerning port State measures taken by that CPC pursuant to sections 7, 9, 11 or 15, including information pertaining to the public services or judicial institutions available for this purpose, as well as information on whether there is any right to seek compensation in accordance with its national laws and regulations in the event of any loss or damage suffered as a consequence of any alleged unlawful action by the CPC. 16.2 The CPC shall inform the flag State, the owner, operator, master or representative, as appropriate, of the outcome of any such recourse. Where other Parties, States or international organizations have been informed of the prior decision pursuant to sections 7, 9, 11 or 15, the CPC shall inform them of any change in its decision. PA R T 5 R O L E O F F L A G ST A T ES 17. Role of CPCs flag States 199 Collection of Resolutions and Recommendations 17.1 Each CPCs shall require the vessels entitled to fly its flag to cooperate with the port State in inspections carried out pursuant to this Resolution. 17.2 When a CPC has clear grounds to believe that a vessel entitled to fly its flag has engaged in IUU fishing or fishing related activities in support of such fishing and is seeking entry to or is in the port of another State, it shall, as appropriate, request that State to inspect the vessel or to take other measures consistent with this Resolution. 17.3 Each CPC shall encourage vessels entitled to fly its flag to land, transship, package and process fish, and use other port services, in ports of States that are acting in accordance with, or in a manner consistent with this Resolution. CPCs are encouraged to develop fair, transparent and non-discriminatory procedures for identifying any State that may not be acting in accordance with, or in a manner consistent with, this Resolution. 17.4 Where, following port State inspection, a flag State CPC receives an inspection report indicating that there are clear grounds to believe that a vessel entitled to fly its flag has engaged in IUU fishing or fishing related activities in support of such fishing, it shall immediately and fully investigate the matter and shall, upon sufficient evidence, take enforcement action without delay in accordance with its laws and regulations. 17.5 Each CPC shall, in its capacity as a flag State, report to other CPCs, relevant port States and, as appropriate, other relevant States, regional fisheries management organizations and FAO on actions it has taken in respect of vessels entitled to fly its flag that, as a result of port State measures taken pursuant to this Resolution, have been determined to have engaged in IUU fishing or fishing related activities in support of such fishing. 17.6 Each CPC shall ensure that measures applied to vessels entitled to fly its flag are at least as effective in preventing, deterring, and eliminating IUU fishing and fishing related activities in support of such fishing as measures applied to vessels referred to in point 3.1. PA R T 6 R E Q UIR E M E N TS O F D E V E L OPIN G ST A T ES 18. Requirements of developing States 18.1 CPCs shall give full recognition to the special requirements of CPCs developing States in relation to the implementation of this Resolution. To this end, IOTC should provide assistance to CPCs developing States in order to, inter alia: a) enhance their ability, in particular the least-developed among them and small island developing States, to develop a legal basis and capacity for the implementation of effective port State measures; b) facilitate their participation in any international organizations that promote the effective development and implementation of port State measures; and c) facilitate technical assistance to strengthen the development and implementation of port State measures by them, in coordination with relevant international mechanisms. 18.2 18.2 IOTC shall give due regard to the special requirements of developing CPCs port States, in particular the least-developed among them and small island developing States, to ensure that a disproportionate burden resulting from the implementation of this Resolution is not transferred directly or indirectly to them. In cases where the transfer of a disproportionate burden has been demonstrated, CPCs shall cooperate to facilitate the implementation by the relevant CPCs developing States of specific obligations under this Resolution. 18.3 IOTC shall assess the special requirements of CPCs developing States concerning the implementation of this Resolution. 200 18.4 IOTC CPCs shall cooperate to establish appropriate funding mechanisms to assist CPCs developing States in the implementation of this Resolution. These mechanisms shall, inter alia, be directed specifically towards: a) developing and enhancing capacity, including for monitoring, control and surveillance and for training at the national and regional levels of port managers, inspectors, and enforcement and legal personnel; b) monitoring, control, surveillance and compliance activities relevant to port State measures, including access to technology and equipment; and c) listing CPCs developing States with the costs involved in any proceedings for the settlement of disputes that result from actions they have taken pursuant to this Resolution. PA R T 7 DU T I ES O F T H E I O T C SE C R E T A RI A T 19. Duties of the IOTC Secretariat 19.1 The IOTC Secretariat shall without delay post on the IOTC website: a) the list of designated ports, b) the prior notification periods established by each CPC, c) the information about the designated competent authority in each port State CPC, d) the blank copy of the IOTC Port inspection report form. 19.2 The IOTC Secretariat shall without delay post on the secure part of the IOTC website copies of all Port inspection reports transmitted by port State CPCs. 19.3 All forms related to a specific landing or transhipment shall be posted together. 19.4 The IOTC Secretariat shall without delay transmit the inspection reports to the relevant regional fisheries management organizations. 20. This Resolution enters into force the 01 March 2011 and shall be applied to CPCs’ ports within the IOTC area of competence. The CPCs situated outside the IOTC area of competence shall endeavour to apply this Resolution. 201 Collection of Resolutions and Recommendations 202 A NN E X 1 Information to be provided in advance by vessels requesting port entry 1. Intended port of call 2. Port State 3. Estimated date and time of arrival 4. Purpose(s) 5. Port and date of last port call 6. Name of the vessel 7. Flag State 8. Type of vessel 9. International Radio Call Sign 10. Vessel contact information 11. Vessel owner(s) 12. Certificate of registry ID 13. I M O ship ID, if available 14. External ID, if available 15. I O T C ID 16. V MS No Yes: National Yes: RFMO(s) Type: 17. Vessel dimensions Length Beam Draft 18. Vessel master name and nationality 19. Relevant fishing authorization(s) Identifier Issued by Validity Fishing area(s) Species Gear 20. Relevant transshipment authorization(s) Identifier Issued by Validity Identifier Issued by Validity 21. T ransshipment information concerning donor vessels Date Location Name Flag State ID Species Product Catch area Quantity 22. Total catch onboard 23. Catch to be offloaded Species Product form Catch area Quantity Quantity A NN E X 2 Port State inspection procedures Inspectors shall: a) verify, to the extent possible, that the vessel identification documentation onboard and information relating to the owner of the vessel is true, complete and correct, including through appropriate contacts with the flag State or international records of vessels if necessary; b) verify that the vessel’s flag and markings (e.g. name, external registration number, International Maritime Organization (IMO) ship identification number, international radio call sign and other markings, main dimensions) are consistent with information contained in the documentation; c) verify, to the extent possible, that the authorizations for fishing and fishing related activities are true, complete, correct and consistent with the information provided in accordance with Annex 1; d) review all other relevant documentation and records held onboard, including, to the extent possible, those in electronic format and vessel monitoring system (VMS) data from the flag State or IOTC Secretariat or other relevant regional fisheries management organizations (RFMOs). Relevant documentation may include logbooks, catch, transshipment and trade documents, crew lists, stowage plans and drawings, descriptions of fish holds, and documents required pursuant to the Convention on International Trade in Endangered Species of Wild Fauna and Flora; e) examine, to the extent possible, all relevant fishing gear onboard, including any gear stowed out of sight as well as related devices, and to the extent possible, verify that they are in conformity with the conditions of the authorizations. The fishing gear shall, to the extent possible, also be checked to ensure that features such as the mesh and twine size, devices and attachments, dimensions and configuration of nets, pots, dredges, hook sizes and numbers are in conformity with applicable regulations and that the markings correspond to those authorized for the vessel; f) determine, to the extent possible, whether the fish on board was harvested in accordance with the applicable authorizations; g) examine the fish, including by sampling, to determine its quantity and composition. In doing so, inspectors may open containers where the fish has been pre-packed and move the catch or containers to ascertain the integrity of fish holds. Such examination may include inspections of product type and determination of nominal weight; h) evaluate whether there is clear evidence for believing that a vessel has engaged in IUU fishing or fishing related activities in support of such fishing; i) provide the master of the vessel with the report containing the result of the inspection, including possible measures that could be taken, to be signed by the inspector and the master. The master’s signature on the report shall serve only as acknowledgment of the receipt of a copy of the report. The master shall be given the opportunity to add any comments or objection to the report, and, as appropriate, to contact the relevant authorities of the flag State in particular where the master has serious difficulties in understanding the content of the report. A copy of the report shall be provided to the master; and j) arrange, where necessary and possible, for translation of relevant documentation. 203 Collection of Resolutions and Recommendations 204 A NN E X 3 I O T C Port inspection report form 1. Inspection report no 2. Port State 3. Inspecting authority 4. Name of principal inspector ID 5. Port of inspection 6. Commencement of inspection YYYY MM DD HH 7. Completion of inspection YYYY MM DD HH 8. Advanced notification received Yes No 9. Purpose(s) LAN TRX PRO OTH (specify) 10. Port and State and date of YYYY MM DD 11. Vessel name 12. Flag State 13. Type of vessel 14. International Radio Call Sign 15. Certificate of registry ID 16. IMO ship ID, if available 17. External ID , if available 18. Port of registry 19. Vessel owner(s) 20. Vessel beneficial owner(s), if 21. Vessel operator(s), if different 22. Vessel master name and nationality 23. Fishing master name and nationality 24. Vessel agent 25. VMS No Yes: National Yes: RFMOs Type: 26. Status in IOTC, including any IUU vessel listing Vessel RFMO Flag State Vessel on authorized Vessel on IUU vessel list 205 27. Relevant fishing authorization(s) Identifier Issued by Validity Fishing area(s) Species Gear 28. Relevant transshipment authorization(s) Identifier Issued by Validity Identifier Issued by Validity 29. T ransshipment information concerning donor vessels Name Flag State ID no Species Product form Catch area(s) Quantity 30. Evaluation of offloaded catch (quantity) Species Produc t form Catch area(s) Quantity declared Quantity offloaded Difference between quantity declared and quantity determined, if any 31. Catch retained onboard (quantity) Species Produc t form Catch area(s) Quantity declared Quantity retained Difference between quantity declared and quantity determined, if any 32. Examination of logbook(s) and Yes other documentation No Comments 33. Compliance with applicable catch Yes documentation scheme(s) No Comments 34. Compliance with applicable trade Yes information scheme(s) No Comments 35. Type of gear used 36. Gear examined in accordance with paragraph e) of Annex 2 Yes No Comments 37. Findings by inspector(s) 38. Apparent infringement(s) noted including reference to relevant legal instrument(s) 39. Comments by the master 40. Action taken 41. Master’s signature 42. Inspector’s signature Collection of Resolutions and Recommendations A NN E X 4 Information systems on port State measures In implementing this Conservation and Management Resolution, each CPC shall: a) seek to establish computerized communication; b) establish, to the extent possible, websites to publicize the list of ports designated in accordance with point 5.1 and the actions taken in accordance with the relevant provisions of this Conservation and Management Resolution; c) identify, to the greatest extent possible, each inspection report by a unique reference number starting with 3-alpha code of the port State and identification of the issuing agency; d) utilize, to the extent possible, the international coding system below in Annexes 1 and 3 and translate any other coding system into the international system. countries/territories: ISO-3166 3-alpha Country Code species: ASFIS 3-alpha code (known as FAO 3-alpha code) vessel types: ISSCFV code (known as FAO alpha code) gear types: ISSCFG code (known as FAO alpha code) 206 A NN E X 5 Guidelines for the training of inspectors Elements of a training programme for port State inspectors should include at least the following areas: 1. Ethics; 2. Health, safety and security issues; 3. Applicable national laws and regulations, areas of competence and conservation and management resolutions of the IOTC, and applicable international law; 4. Collection, evaluation and preservation of evidence; 5. General inspection procedures such as report writing and interview techniques; 6. Analysis of information, such as logbooks, electronic documentation and vessel history (name, ownership and flag State), required for the validation of information given by the master of the vessel; 7. Vessel boarding and inspection, including hold inspections and calculation of vessel hold volumes; 8. Verification and validation of information related to landings, transshipments, processing and fish remaining onboard, including utilizing conversion factors for the various species and products; 9. Identification of fish species, and the measurement of length and other biological parameters; 10. Identification of vessels and gear, and techniques for the inspection and measurement of gear; 11. Equipment and operation of VMS and other electronic tracking systems; and 12. Actions to be taken following an inspection. 207 2010 1
IOTC-RES-10-12 IOTC Binding Non-target species Superseded Collection of Resolutions and Recommendations RESOLUTION 10/12 O N T H E C O NSE R V A T I O N O F T H R ESH E R SH A R KS (F A M I L Y A L OPIID A E) C A U G H T IN ASSO C I A T I O N W I T H F ISH E RI ES IN T H E I O T C A R E A O F C O MPE T E N C E The Indian Ocean Tuna Commission (I O T C), RECALLING that the IOTC Resolution 05/05 concerning the conservation of sharks caught in association with fisheries managed by IOTC; CONSIDERING that thresher sharks of the family Alopiidae are caught as by-catch in the IOTC Agreement area; NOTING that at its 2009 Meeting of the Working Party on Ecosystem and Bycatch recognized that full stock assessments on sharks may not be possible because of data limitations and that it is essential that some stock assessment evaluation should be carried out; NOTING that the international scientific community points out that the bigeye thresher shark (Alopias superciliosus) is particularly endangered and vulnerable; CONSIDERING that it is difficult to differentiate between the various species of thresher sharks without taking them on board and that such action might jeopardize the survival of the captured individuals; ADOPTS, in accordance with the provisions of Article IX, paragraph 1 of the IOTC Agreement, the following: 1. This measure shall apply to all fishing vessels on the IOTC Record of authorised Vessels. 2. Fishing Vessels flying the flag of an IOTC Member and Cooperating non-Contracting Parties (CPCs) are prohibited from retaining on board, transshipping, landing, storing, selling or offering for sale any part or whole carcass of thresher sharks of all the species of the family Alopiidae. 3. CPCs shall require vessels flying their flag to promptly release unharmed, to the extent practicable, thresher sharks when brought along side for taking on board the vessel. 4. CPCs shall encourage their fishermen to record incidental catches as well as live releases. These data will be then kept at the IOTC secretariat. 5. Recreational and sport fishing shall release alive all caught animals of thresher sharks of all the species of the family Alopiidae. In no circumstances specimen shall be retained on board, transshipped, landed, stored, sold or offered for sale. The CPCs shall ensure that both recreational and sport fishermen carrying out fishing with high risk of catching thresher sharks are equipped with instruments suitable to release alive the animals. 6. CPCs shall, where possible, implement research on sharks of the species Alopias spp, in the Convention area in order to identify potential nursery areas. Based on this research, CPCs shall consider time and area closures and other measures, as appropriate. 7. The Contracting Parties, Co-operating non-Contracting Parties, especially those directing fishing activities for sharks, shall submit data for sharks, as required by IOTC data reporting procedures (including estimates of dead discard and size frequencies), in advance of the 2011 Scientific Committee meeting. 208 2010 1
IOTC-RES-98-02 IOTC Binding Misc In force Updated April 2010 RESOLUTION 98/02 DATA CONFIDENTIALITY POLICY AND PROCEDURES The Indian Ocean Tuna Commission (I O T C), RECOGNIZING the need for confidentiality at the commercial and organisational levels for data submitted to IOTC, the following policy and procedures on confidentiality of data will apply: DATA SUBMITTED TO THE SECRETARIAT 1. The policy for releasing catch-and-effort and length-frequency data will be as follows: 2. Catch-and-effort and length-frequency data grouped by 5° longitude by 5° latitude by month for longline and 1° longitude by 1° latitude by month for surface fisheries stratified by fishing nation are considered to be in the public domain, provided that the catch of no individual vessel can be identified within a time/area stratum. In cases when an individual vessel can be identified, the data will be aggregated by time, area or flag to preclude such identification, and will then be in the public domain. 3. Catch-and-effort and length-frequency data grouped at a finer level of time-area stratification will only be released with written authorisation from the sources of the data. Each data release will require the specific permission of the Secretary. 4. A Working Party will specify the reasons for which the data are required. 5. Individuals requesting the data are required to provide a description of the research project, including the objectives, methodology and intentions for publication. Prior to publication, the manuscript should be cleared by the Secretary. The data are released only for use in the specified research project and the data must be destroyed upon completion of the project. However, with authorisation from the sources of the data, catch-and-effort and length- frequency data may be released for long-term usage for research purposes, and in such cases the data need not be destroyed. 6. The identity of individual vessels will be hidden in fine-level data unless the individual requesting this information can justify its necessity. 7. Both Working Parties and individuals requesting data shall provide a report of the results of the research project to IOTC for subsequent forwarding to the sources of the data. PROCEDURES FOR THE SAFEGUARD OF RECORDS Procedures for safeguarding records and databases will be as follows: 1. Access to logbook-level information will be restricted to IOTC staff requiring these records for their official duties. Each staff member having access to these records will be required to sign an attestation recognising the restrictions on the use and disclosure of the information. 2. Logbook records will be kept locked, under the specific responsibility of the Data Manager. These sheets will only be released to authorised IOTC personnel for the purpose of data input, editing or verification. Copies of these records will be authorised only for legitimate purposes and will be subjected to the same restrictions on access and storage as the originals. 3. Databases will be encrypted to preclude access by unauthorised persons. Full access to the database will be restricted to the Data Manager and to senior IOTC staff requiring access to these data for official purposes, under the authority of the Secretary. Staff entrusted with data input, editing and verification will be provided with access to those functions and data sets required for their work. DATA SUBMITTED TO WORKING PARTIES Data submitted to Working Parties will be retained by the Secretariat or made available for other analyses only with the permission of the source. The above rules of confidentiality will apply to all members of Working Parties. 7 1998 1
IOTC-RES-98-05 IOTC Binding Misc In force Collection of Resolutions and Recommendations RESOLUTION 98/05 ON COOPERATION WITH NON-CONTRACTING PARTIES The Indian Ocean Tuna Commission (I O T C), RECOGNIZING that the international community has an important responsibility to conserve the tuna and tuna-like resources of the Indian Ocean for present and future generations; RECOGNIZING that the problem of ensuring such sustainability cannot be resolved properly unless all nations fishing these species work together cooperating through the Commission; RECALLING that the United Nations Conference on Straddling Fish Stocks and Highly Migratory Fish Stocks has emphasized the importance of ensuring the conservation of highly migratory species through international fisheries organizations such as the Commission; Therefore DECIDES to: Instruct the Chairman of IOTC to send the attached letter to all non-Contracting Parties known to have vessels fishing in the Area for species covered by the Agreement to urge them to become Contracting Parties. Instruct the Secretary to provide to non-Contracting Parties referred to in paragraph 1 above copies of all relevant Resolutions adopted by IOTC at its Third Session. DR A F T L E T T E R (Courtesy formula) The Indian Ocean Tuna Commission (IOTC) is a regional fisheries organization, created in 1996, which to date includes 16 States and one Organization for regional economic integration. The principal objective of the IOTC is to promote the conservation and management of the migratory species covered by the Agreement establishing the IOTC (hereinafter referred to as ‘the Agreement’). The contracting parties of the IOTC have decided to cooperate among themselves to implement this objective. In order to achieve this goal, the IOTC has, inter alia, the responsibility of constantly monitoring the status of and changes in the stocks covered by the Agreement and to collect, analyse and disseminate scientific information, statistics of catches and fishing effort and other data useful for the conservation and management of these stocks. This function can be implemented only if non-Contracting Parties of the IOTC cooperate with the Commission and exchange information on fishing activities relating to the stocks covered by the Agreement. The Chairman of the IOTC draws the attention of the Authorities of …………… whose vessels exploit the stocks covered by the Agreement in its area of competence, to the need to cooperate for the purposes of conservation and management of these stocks. With this need in mind, the Chairman of the Commission invites the Authorities of .……….... to become party to the Agreement establishing the IOTC by sending to the Director-General of FAO an instrument of acceptance, or at least to cooperate with the Commission, through the exchange of information and statistical data on fishing activities on the stocks falling within the remit of the Commission. (Courtesy formula) 10 1998 1
IOTC-RES-99-01 IOTC Binding Tuna species In force Collection of Resolutions and Recommendations RESOLUTION 99/01 ON THE MANAGEMENT OF FISHING CAPACITY AND ON THE REDUCTION OF THE CATCH OF JUVENILE BIGEYE TUNA BY VESSELS, INCLUDING FLAG OF CONVENIENCE VESSELS, FISHING FOR TROPICAL TUNAS IN THE IOTC AREA OF COMPETENCE The Indian Ocean Tuna Commission (I O T C), NOTING that the FAO Code of Conduct for Responsible Fishing provides that States should take measures to prevent or eliminate excessive fishing capacity, CONCERNED that the fleets fishing for tropical tunas in the IOTC area of competence continue to increase rapidly, and that current capacity may exceed the level of fishing effort appropriate for sustainable use of the high value tuna resources of the Indian Ocean, FURTHER CONCERNED that, for example, the biomass of adult bigeye in the Indian Ocean has shown a continual and severe decrease, as reported by the Scientific Committee, as a result of increasing catches by both longliners and purse seiners, FURTHER CONCERNED that currently about 70% by number of the total bigeye catch is taken by the purse-seine fleet, and consists mainly of juvenile fish, and that 80% of the catch in weight is taken by the longline fleet, and consists mainly of adult fish, RECALLING that in February 1999 the FAO Committee on Fisheries adopted the International Plan of Action for the Management of Fishing Capacity (in application of the Code of Conduct), calling for immediate action to reduce fishing capacity in major international fisheries, FURTHER RECALLING that the Rome Declaration on the Implementation of the Code, adopted by the FAO Ministerial Meeting on Fisheries in March 1999, underlines the important role of regional fishery management organizations in respect of the implementation of the Code of Conduct, NOTING that the Scientific Committee has considered that, on the basis of certain indicators, if the catches continue at high levels, the stock of bigeye tuna is likely to become overexploited and, taking account of the precautionary approach, there is a need for immediate management action, FURTHER NOTING that the Scientific Committee has recommended that the increase in catches of the stock of bigeye tuna by all gears should be halted immediately, and that the increase in catches of small bigeye tuna associated with floating objects should also be halted, RECOGNIZING Japan's initiative to implement the FAO Plan of Action by a reduction in the number of long-distance longline vessels by 20% (132 vessels), and the need for possible, concerted and appropriate actions by other States or fishing entities, CONSIDERING that the Scientific Committee concluded that establishing area and seasonal closures of fishing grounds to fishing on floating objects would appear to be the best option to reduce the catches of juvenile bigeye tuna by purse seiners, RECALLING the Resolution of the Third Session of IOTC concerning registration and exchange of information on vessels, including flag of convenience vessels, fishing for tropical tunas in the IOTC area of competence, VERY CONCERNED that illegal, unregulated and unreported (IUU) fishing activities by large-scale tuna vessels in the IOTC area of competence have continued to increase, severely diminishing the potential effectiveness of conservation and management measures adopted by IOTC and impeding adequate stock assessment by the Scientific Committee: 1. UNDERTAKES TO ADOPT concerted actions to limit the fishing capacity of the fleet of large- scale vessels fishing for tropical tunas in the IOTC area of competence, to ensure the long-term sustainable exploitation of tuna stocks. As a first step, at its Session in 2000 IOTC will consider, on the basis of the scientific advice referred to in paragraph 3 below, the limitation of the capacity of the fleet of large-scale tuna vessels to the appropriate level. 2. ENGAGES TO ADOPT, at its Session in 2000, a season and area closure of the use of floating objects in the IOTC area of competence, on the basis of the scientific advice referred to in paragraph 3 below. 12 Updated April 2010 3. ASKS the Scientific Committee to present, at the Session of IOTC in 2000, recommendations on: The best estimate, on the basis of existing data and analyses, of the optimum fishing capacity of the fishing fleet which will permit the sustainable exploitation of tropical tunas. Precise areas, periods and conditions for a moratorium on the use of floating objects that would bring about a reduction of the fishing mortality of juvenile bigeye. The Scientific Committee should present various options, with estimates of their likely effects on the catch rates of the three species of tropical tunas. 4. URGES Contracting Parties and non-contracting Parties cooperating with IOTC to fulfil their obligations concerning the transmission of the list of vessels fishing for tropical tunas according to the Resolution of the Third Session. 5. REGARDLESS of the full application of this resolution, Contracting Parties will have due regard to the interests of all countries concerned, in conformity with the rights and obligations of those countries under international law and, in particular, to the rights and obligations of developing countries of the Indian Ocean rim with respect to their entry into the high seas fisheries in the IOTC area of competence. 13 1999 1
IOTC-RES-99-02 IOTC Binding MCS In force Collection of Resolutions and Recommendations RESOLUTION 99/02 CALLING FOR ACTIONS AGAINST FISHING ACTIVITIES BY LARGE SCALE FLAG OF CONVENIENCE LONGLINE VESSELS The Indian Ocean Tuna Commission (I O T C), RECALLING that IOTC adopted at its 1998 meeting the Recommendation Concerning Registration and Exchange of Information on Vessels, including Flag of Convenience Vessels, Fishing for Tropical Tunas in the IOTC Area of Competence, CONCERNED that fishing activities by large scale flag of convenience (FOC) tuna longline fishing vessels in the IOTC Areas have continued and increased, and that such activities diminish the effectiveness of IOTC conservation and management measures, RECOGNIZING that there is evidence to indicate that many owners of vessels engaged in such fishing activities have reflagged their vessels to avoid compliance with IOTC conservation and management measures, AWARE that most of these vessels are owned and operated by Taiwan Province of China (TPC) entities while almost all of their products are being exported to Japan, WELCOMING the work now underway in FAO to develop an international Plan of Action to combat illegal, unregulated and unreported (IUU) fishing including FOC, DETERMINED that further action must be taken to deter FOC fishing activities, RESOLVES as follows: 1. The Contracting Parties and non-Contracting Parties Cooperating with the IOTC shall ensure that large-scale tuna longline vessels under their registry do not engage in IUU fishing activities (e.g. by means of denying such vessels a license to fish). 2. The Contracting Parties and non-Contracting Parties Cooperating with the IOTC shall refuse landing and transhipment by FOC vessels which are engaged in fishing activities diminishing the effectiveness of measures adopted by IOTC. 3. The Contracting Parties and non-Contracting Parties Cooperating with the IOTC shall take every possible action, consistent with their relevant laws, to urge their importers, transporters and other concerned business people to refrain from transacting in and transhipping tunas and tuna-like species caught by vessels carrying out FOC fishing activities to inform their general public of FOC fishing activities by tuna longline vessels which diminish the effectiveness of IOTC conservation and management measures and urge them not to purchase fish harvested by such vessels, and to urge their manufacturers and other concerned business people to prevent their vessels and equipment/devices from being used for FOC longline fishing operations. 4. The Commission urges all non-contracting parties, entities or fishing entities not referred to above to act in conformity with operative paragraphs 1, 2 and 3 of this Resolution. 5. The Commission encourages monitoring and exchange of information concerning FOC fishing activities including the port sampling activity conducted by the Secretariat, 6. The Commission urges States and fishing entities whose FOC fishing vessels are engaged in fishing activities diminishing the effectiveness of measures adopted by IOTC, to repatriate or scrap such vessels. The Commission also urges Japan, in cooperation with such states and fishing entities, to scrap Japan-built vessels engaged in FOC fishing activities. 7. The Commission instructs the Secretariat to prepare possible measures including trade restrictive measures to prevent or eliminate FOC fishing activities. 8. The legal joint venture operation of vessels by Contracting Parties should not be construed as FOC fishing as long as it does not diminish the effectiveness of measures adopted by IOTC. 9. Due consideration shall be given to the interests of coastal nations. 14 1999 1
IOTC-RES-99-03 IOTC Binding MCS In force Updated April 2010 RESOLUTION 99/03 ON THE ELABORATION OF A CONTROL AND INSPECTION SCHEME FOR IOTC The Indian Ocean Tuna Commission (I O T C), CONSIDERING that the control and effective implementation of the management measures constitutes an essential element for the success of these measures; NOTING that IOTC does not have at present a control and inspection scheme adapted to the characteristics of tuna fisheries in the region; REALIZING that international law is evolving, especially as far as international control and inspection are concerned, and that IOTC must take the necessary steps to adapt itself to this evolution; CONSIDERING that such a future control and inspection scheme should take into account the characteristics of the fisheries, the particularities of the different geographical zones within the IOTC area of competence, and the characteristics of the conservation and management measures to be adopted, with due regard to the cost effectiveness of the scheme; CONCERNED that the activity of “flag of convenience” vessels will undermine every effort on stock conservation taken by IOTC Parties; RECOGNIZING that this is a complex task that should be started as soon as possible, to ensure that the system is in place by the time IOTC adopts management measures: The Commission will engage in the elaboration of a control and inspection scheme containing all the necessary elements to ensure adequate control and enforcement of management measures for both Contracting and non-Contracting Parties. For this purpose, the Commission establishes the following schedule of activities: - Prior to the IOTC Session in 2000, Contracting Parties will submit to the Secretariat their proposals and suggestions for such a scheme. The Secretariat will circulate these proposals to other Contracting Parties. - At the Session in 2000, a discussion will take place on the elements that could constitute the package of control measures. - If necessary, during 2001 an intersessional meeting will be held to advance in the definition of the scheme. - At the Session in 2001, the Commission will consider the adoption of the scheme. 15 1999 1
WCPFC-CMM-2004-03 WCPFC Binding MCS In force INAUGURAL SESSION 9-10 December 2004 Pohnpei, Federated States of Micronesia Specifications for the Marking and Identification of Fishing Vessels1 Conservation and Management Measure – 2004 – 03 1. GENERAL PROVISIONS 1.1 Purpose, basis and scope 1.1.1 These specifications are intended to implement the FAO Standard Specifications for the Marking and Identification of Fishing Vessels for the Commission for the Conservation and Management of Highly Migratory Fish Stocks in the Western and Central Pacific Ocean (WCPFC). 1.1.2 These specifications shall apply to the operation of all fishing vessels of members of the Commission authorized to fish in the Convention Area beyond areas of national jurisdiction. 1.1.3 These specifications shall be interpreted and applied in the context of and in a manner consistent with the Convention for the Conservation and Management of Highly Migratory Fish Stocks in the Western and Central Pacific Ocean. 1.2 Definitions For the purpose of these Specifications: “Convention” means the Convention on the Conservation and Management of Highly Migratory Fish Stocks in the Western and Central Pacific Ocean. “deck” means any surface lying in the horizontal plane, including the top of the wheelhouse; “FAO Standard Specifications for the Marking and Identification of Fishing Vessels” means the Standard Specifications and Guidelines approved by the FAO Committee on Fisheries (COFI) at its 18th Session, Rome, 10-14 April 1989; 1 As proposed in the Final Report of Working Group III [WCPFC/PrepCon/47] “vessel” means any fishing vessel, as defined in Article 1, paragraph (e) of the Convention and authorized by a member of the Commission to fish in the Convention area beyond areas of the member’s national jurisdiction, and includes a boat, skiff or craft (including aircraft) carried on board the fishing vessel and required for fishing operations; “operator” means any person who is in charge of or directs or controls a vessel, or for whose direct economic or financial benefit the vessel is being used, including the master, owner, and charterer. 2. REQUIREMENTS AND APPLICATION 2.1 General requirements 2.1.1 Each member of the Commission shall ensure that operators of vessels: (a) are required to mark the vessels for their identification with their International Telecommunication Union Radio Call Signs (IRCS); (b) are required to mark vessels to which an IRCS has not been assigned, with the characters allocated by the International Telecommunication Union (ITU) to the member of the Commission concerned or such other characters of national identification as may be required under bilateral fishery agreements and followed by, as appropriate, the fishing authorization or vessel registration number assigned to the vessel by the member of the Commission concerned. In such cases, a hyphen shall be placed between the nationality identification characters and the licence or registration number identifying the vessel. 2.1.2 Whichever system is used from 2.1.1. (a) or (b) above, that identifier shall, hereinafter be called the WCPFC Identification Number (WIN). 2.1.3 The members of the Commission shall ensure that: (a) apart from the vessel’s name or identification mark and the port of registry as may be required by international practice or national legislation, the WIN as specified shall be the only other vessel identification mark consisting of letters and numbers to be painted on the hull or superstructure; (b) the requirement for the marking of fishing vessels with the WIN is a condition for authorization to fish in the Convention Area beyond areas of national jurisdiction; (c) the following are offences under national legislation: (i) non-compliance with these specifications; (ii) non-marking or wrongful marking of vessel; (iii) deliberate removal or obstruction of the WIN; (iv) the use of the WIN allocated to another operator or to another vessel; and (d) offences listed in paragraph 2.1.3.(c) above may be grounds for refusing authorization to fish. 2.2 Markings and other technical specifications 2 2.2.1 Each member of the Commission shall ensure that the operator displays the WIN in the English language prominently at all times: (a) on the vessel's hull or superstructure, port and starboard. Operators may place fixtures that are inclined at an angle to the vessel's side or superstructure provided that the angle of inclination would not prevent sighting of the sign from another vessel or from the air; (b) on a deck, except as provided for in paragraph 2.2.4 below. Should an awning or other temporary cover be placed so as to obscure the mark on a deck, the awning or cover shall also be marked. These marks should be placed athwartships with the top of the numbers or letters towards the bow. 2.2.2 Each member of the Commission shall ensure that that the Operator places the WIN: (a) as high as possible above the waterline on both sides of the vessel and that such parts of the hull as the flare of the bow and the stern are avoided; (b) in a manner that does not allow the marks to be obscured by the fishing gear whether it is stowed or in use; (c) so that they are clear of flow from scuppers or overboard discharges including areas which might be prone to damage or discolouration from the catch of certain types of species; and, (d) so that they do not extend below the waterline. 2.2.3 Undecked vessels shall not be required to display the WIN on a horizontal surface. However, operators should be encouraged by the member of the Commission, where practical, to fit a board on which the WIN is placed so that it may be clearly seen from the air. 2.2.4 Boats, skiffs and craft carried by the vessel for fishing operations shall bear the same WIN as the vessel concerned. 2.2.5 The members of the Commission shall ensure that operators of vessels comply with the following in placing the WIN on the vessel: (a) that block lettering and numbering is used throughout; (b) that the width of the letters and numbers is in proportion to the height; (c) the height (h) of the letters and numbers is in proportion to the size of the vessel shall be in accordance with the following: (i) for the WIN to be placed on the hull, superstructure and/or inclined surfaces: Length of vessel overall (LOA) in Height of letters and numbers in metres (m) metres (m) is not less than: 25 m and over 1.0 m 20 m but less than 25 m 0.8 m 3 15 m but less than 20 m 0.6 m 12 m but less than 15 m 0.4 m 5 m but less than 12 m 0.3 m Under 5 m 0.1 m (ii) for the WIN to be placed on deck: the height is not less than 0.3 m for all classes of vessels of 5 m and over; (d) the length of the hyphen is half the height of the letters and numbers; (e) the width of the stroke for all letters, numbers and the hyphen is h/6; (f) the space between letters and/or numbers does not exceed h/4 nor be less than h/6; (g) the space between adjacent letters having sloping sides does not exceed h/8 nor be less than h/10 ; for example A V. (h) the WIN is white on a black background, or black on a white background; (i) the background shall extend to provide a border around the WIN of not less than h/6; (j) good quality marine paint is used throughout; (k) the WIN meets the requirements of these Specifications where retro-reflective or heat generating substances are used; and, (l) the WIN and the background are maintained in good condition at all times. 3. RECORD OF WCPFC IDENTIFICATION NUMBER (WIN) 3.1 The members of the Commission shall enter the WIN into the Record of Fishing Vessels required to be maintained under article 24, paragraph 4 of the Convention. 4. REVIEW AND AMENDMENT OF SPECIFICATION 4.1 The Commission shall keep these specifications under review and may amend them as appropriate. – – – 4 2004 1
WCPFC-CMM-2005-02 WCPFC Binding Tuna species Superseded South Pacific Albacore Attachment E CONSERVATION AND MANAGEMENT MEASURE FOR SOUTH PACIFC ALBACORE Conservation and Management Measure-2005-02 The Commission For The Conservation And Management Of Highly Migratory Fish Stocks In The Western And Central Pacific Ocean In accordance with the Convention on the Conservation and Management of Highly Migratory Fish Stocks in the Western and Central Pacific Ocean: Recalling that the Scientific Committee notes that there are critical biological uncertainties for South Pacific albacore; Noting that while current catch levels from the South Pacific albacore stock appear to be sustainable, given the age-specific mortality of the longline fleets, any significant increase in effort would reduce CPUE to low levels with only moderate increases in yields. CPUE reductions may be more severe in areas of locally concentrated fishing effort. Further noting that while future increases in albacore catch are likely to be sustainable, estimates of MSY are highly uncertain because of the extrapolation of catch and effort well beyond any historical levels. Projections demonstrated that longline exploitable biomass, and hence CPUE, would fall sharply if catch and effort were increased to MSY levels. Therefore, the economic consequences of any such increases should be carefully assessed beforehand. Adopts, in accordance with the Article 10 of the WCPFC Convention that: 1. Commission Members, Cooperating Non-Members, and participating Territories (CCMs) shall not increase the number of their fishing vessels actively fishing for South Pacific albacore in the Convention Area south of 200S above current (2005) levels or recent historical (2000-2004) levels. 2. The provisions of paragraph 1 shall not prejudice the legitimate rights and obligations under international law of small island developing State and Territory CCMs in the Convention Area for whom South Pacific albacore is an important component of the domestic tuna fishery in waters under their national jurisdiction, and who may wish to pursue a responsible level of development of their fisheries for South Pacific albacore. 3. CCMs that actively fish for South Pacific albacore in the Convention Area south of the equator shall cooperate to ensure the long-term sustainability and economic viability of the fishery for South Pacific albacore, including cooperation and collaboration on research to reduce uncertainty with regard to the status of this stock. 4. This measure will be reviewed in 2006 on the basis of advice from the Scientific Committee on South Pacific albacore. 2005 1
WCPFC-CMM-2005-03 WCPFC Binding Tuna species In force North Pacific Albacore Attachment F CONSERVATION AND MANAGEMENT MEASURE FOR NORTH PACIFIC ALBACORE Conservation and Management Measure-2005-03 The Western and Central Pacific Fisheries Commission (WCPFC), Observing that the best scientific evidence on North Pacific albacore from the International Scientific Committee for Tuna and Tuna-like Species in the North Pacific Ocean indicates that the species is either fully exploited, or may be experiencing fishing mortality above levels that are sustainable in the long term, and Recalling further Article 22(4) of the WCPFC Convention that provides for cooperation with the IATTC regarding fish stocks that occur in the Convention Areas of both organizations and Recognizing that the Inter-American Tropical Tuna Commission (IATTC) adopted, at its 73rd meeting, conservation and management measures on North Pacific albacore; Adopts, in accordance with the Article 10 of the WCPFC Convention that: 1. The total level of fishing effort for North Pacific albacore in the Convention Area north of the equator shall not be increased beyond current levels. 2. The Members, Cooperating Non-Members and participating Territories (hereinafter referred to as CCMs) shall take necessary measures to ensure that the level of fishing effort by their vessels fishing for North Pacific albacore in the WCPF Convention Area is not increased beyond current levels; 3. All CCMs shall report all catches of North Pacific albacore to the WCPFC every six months, except for small coastal fisheries which shall be reported on an annual basis. Such data shall be reported to the Commission as soon as possible and no later than one year after the end of the period covered. 4. All CCMs shall report annually to the WCPFC Commission all catches of albacore north of the equator and all fishing effort north of the equator in fisheries directed at albacore. The reports for both catch and fishing effort shall be made by gear type. Catches shall be reported in terms of weight. Fishing effort shall be reported in terms of the most relevant measures for a given gear type, including at a minimum for all gear types, the number of vessel-days fished1. 1 The first such report shall be due on April 30th, 2006 and shall cover calendar year 2004. Small Island Developing States will make their best efforts to comply with this first reporting deadline. 5. The Northern Committee shall, in coordination with International Scientific Committee for Tuna and Tuna-like Species in the North Pacific Ocean and other scientific bodies conducting scientific reviews of this stock, including the WCPFC Scientific Committee, monitor the status of North Pacific albacore and report to the Commission on the status of the stock at each annual meeting, and make such recommendations to the Commission as may be necessary for their effective conservation. 6. The Commission shall consider future actions with respect to North Pacific albacore based on recommendations of the Northern Committee. 7. The CCMs shall work to maintain, and as necessary reduce, the level of fishing effort on North Pacific albacore within the Convention Area commensurate with the long-term sustainability of the stock. 8. The WCPFC Executive Director shall communicate this resolution to the IATTC and request that the two Commissions engage in consultations with a view to reaching agreement on a consistent set of conservation and management measures for North Pacific albacore, and specifically, to propose that both Commissions adopt as soon as practicable uniform conservation and management measures and any reporting or other measures needed to ensure compliance with agreed measures. 9. The provisions of paragraph 2 shall not prejudice the legitimate rights and obligations under international law of those small island developing State Members and participating territories in the Convention Area whose current fishing activity for North Pacific albacore is limited, but that have a real interest in, and history of, fishing for the species, that may wish to develop their own fisheries for North Pacific albacore in the future. 10. The provisions of paragraph 9 shall not provide a basis for an increase in fishing effort by fishing vessels owned or operated by interests outside such small island developing State Members or participating territories, unless such fishing is conducted in support of efforts by such Members and territories to develop their own domestic fisheries. 2 2005 1
WCPFC-CMM-2006-04 WCPFC Binding Non-target species In force Microsoft Word - WCPFC3-2006 Attachment I [CMM 2006-04 Striped Marlin].doc THIRD REGULAR SESSION Apia, Samoa 11-15 December 2006 CONSERVATION AND MANAGEMENT MEASURE FOR STRIPED MARLIN IN THE SOUTHWEST PACIFIC Conservation and Management Measure 2006-04 The Commission for the Conservation and Management of Highly Migratory Fish Stocks in the Western and Central Pacific Ocean In accordance with the Convention on the Conservation and Management of Highly Migratory Fish Stocks in the Western and Central Pacific Ocean and the provisions of UNCLOS: Noting that the first regional assessment undertaken for striped marlin in the Southwestern Pacific region has indicated consistent declines in stock abundance; Further noting that the Scientific Committee has recommended as a precautionary measure that there be no increases in fishing mortality on this stock until estimates of stock status are more certain, as increases in fishing mortality are likely to move the stock towards an overfished state; Adopts, in accordance with the Article 10 of the WCPFC Convention that: 1. Commission Members, Cooperating Non-Members, and participating Territories (CCMs) shall limit the number of their fishing vessels fishing for striped marlin in the Convention Area south of 150S, to the number in any one year between the period 2000 – 2004. 2. Paragraph 1 shall not prejudice the legitimate rights and obligations under international law of small island developing State and Territory CCMs, in the Convention Area who may wish to pursue a responsible level of development of their own fisheries for striped marlin in the Convention Area south of 150S from 2000 - 2004 levels, and the legitimate rights and obligations of coastal states who may wish to pursue a responsible level of development within their fisheries waters. 3. CCMs shall cooperate to protect the long-term sustainability and economic viability of the fisheries for striped marlin in the Southwest Pacific, and in particular shall cooperate on research to reduce uncertainty with regard to the status of striped marlin stocks. 4. In accordance with paragraph 1, CCMs shall provide information to the Commission, by 1 July 2007, on the number of their vessels that have fished for striped marlin in the Convention area south of 150S, during the period 2000 – 2004, and in doing so, nominate the maximum number of vessels that shall continue to be permitted to fish for striped marlin in the area south of 150S. CCMs shall report annually to the Commission the catch levels of their fishing vessels that have taken striped marlin as a bycatch as well as the number and catch levels of vessels fishing for striped marlin in the Convention Area south of 15°S. 5. Paragraphs 1-4 do not apply to those coastal states CCMs south of 15 degrees south in the Convention Area who have already taken, and continue to take, significant steps to address concerns over the status of striped marlin in the Southwestern Pacific region, through the establishment of a commercial moratorium on the landing of striped marlin caught within waters under their national jurisdiction. 6. The Executive Director shall compile and disseminate the information provided to the Commission by CCMs in accordance with para 4. The Technical and Compliance Committee shall monitor and review compliance with this measure and make recommendations to the Commission as may be necessary. 2006 1
WCPFC-CMM-2006-08 WCPFC Binding MCS In force Microsoft Word - WCPFC3-2006 Attachment O [ CMM 2006-08 HSBI Procedures].doc THIRD REGULAR SESSION Apia, Samoa 11-15 December 2006 WESTERN AND CENTRAL PACIFIC FISHERIES COMMISSION BOARDING AND INSPECTION PROCEDURES Conservation and Management Measure 2006-08 1. There are hereby adopted, pursuant to Article 26 of the Convention, the following Western and Central Pacific Fisheries Commission (WCPFC) boarding and inspection procedures. DEFINITIONS 2. For the purposes of interpreting and implementing these procedures, the following definitions shall apply: a. “Convention” means the Convention on the Conservation and Management of the Highly Migratory Fish Stocks in the Western and Central Pacific Ocean, adopted September 5, 2000 in Honolulu, Hawaii; b. “Commission” means the Commission established by Article 9 of the Convention, commonly known as the Western and Central Pacific Fisheries Commission (WCPFC); c. “Authorities of the Inspection Vessel” means the authorities of the Contracting Party of the Commission under whose jurisdiction the inspection vessel is operating; d. “Authorities of the Fishing Vessel” means the authorities of the Member of the Commission under whose jurisdiction the fishing vessel is operating; e. “Authorized inspection vessel” means any vessel included in the Commission register of vessels as authorized to engage in boarding and inspection activities pursuant to these procedures; f. “Authorized inspector” means inspectors employed by the authorities responsible for boarding and inspection included in the Commission Register and authorized to conduct boarding and inspection activities pursuant to these procedures. PURPOSE 3. Boarding and inspection and related activities conducted pursuant to these procedures shall be for the purpose of ensuring compliance with the provisions of the Convention and conservation and management measures adopted by the Commission and in force. 1 AREA OF APPLICATION 4. These procedures shall apply on the high seas within the Convention Area. GENERAL RIGHTS AND OBLIGATIONS 5. Each Contracting Party may, subject to the provisions of these procedures, carry out boarding and inspection on the high seas of fishing vessels engaged in or reported to have engaged in a fishery regulated pursuant to the Convention. 6. Unless otherwise decided by the Commission, these procedures shall also apply in their entirety as between a Contracting Party and a Fishing Entity, subject to a notification to that effect to the Commission from the Contracting Party concerned. 7. Each Member of the Commission shall ensure that vessels flying its flag accept boarding and inspection by authorized inspectors in accordance with these procedures. Such authorized inspectors shall comply with these procedures in the conduct of any such activities. GENERAL PRINCIPLES 8. These procedures are intended to implement and give effect to Article 26 and Annex III, Article 6(2), of the Convention and are to be read consistently with those provisions. 9. These procedures shall be implemented in a transparent and non-discriminatory manner, taking into account, inter alia: a. such factors as the presence of observers on board a vessel and the frequency and results of past inspections; and b. the full range of measures to monitor compliance with the provisions of the Convention and agreed conservation and management measures, including inspection activities carried out by the authorities of Members of the Commission in respect of their own flag vessels. 10. While not limiting efforts to ensure compliance by all vessels, priority for boarding and inspection efforts pursuant to these procedures may be given to: a. fishing vessels that are not on the WCPFC Record of Fishing Vessels and are flagged to Members of the Commission; b. fishing vessels reasonably believed to engage or to have been engaged in any activity in contravention of the Convention or any conservation and management measure adopted thereunder; 2 c. fishing vessels whose flag Member does not dispatch patrol vessels to the area of application to monitor its own fishing vessels; d. fishing vessels without observers on board; e. large-scale tuna fishing vessels; f. fishing vessels with a known history of violating conservation and management measures adopted by international agreement or any country’s national laws and regulations. 11. The Commission shall keep the implementation of these procedures under review. PARTICIPATION 12. The Commission shall maintain a register of all authorized inspection vessels and authorities or inspectors. Only vessels and authorities or inspectors listed on the Commission’s register are authorized under these procedures to board and inspect foreign flagged fishing vessels on the high seas within the Convention Area. 13. Each Contracting Party that intends to carry out boarding and inspection activities pursuant to these procedures shall so notify the Commission, through the Executive Director, and shall provide the following: a. with respect to each inspection vessel it assigns to boarding and inspection activities under these procedures: i) details of the vessel (name, description, photograph, registration number, port of registry (and, if different from the port of registry, port marked on the vessel hull), international radio call sign and communication capability); ii) notification that the inspection vessel is clearly marked and identifiable as being on government service; iii) notification that the crew has received and completed training in carrying out boarding and inspection activities at sea in accordance with any standards and procedures as may be adopted by the Commission. b. with respect to inspectors it assigns pursuant to these procedures: i) the names of the authorities responsible for boarding and inspection; 3 ii) notification that such authorities’ inspectors are fully familiar with the fishing activities to be inspected and the provisions of the Convention and conservation and management measures in force; and iii) notification that such authorities’ inspectors have received and completed training in carrying out boarding and inspection activities at sea in accordance with any standards and procedures as may be adopted by the Commission. 14. Where military vessels are used as a platform for the conduct of boarding and inspection, the authorities of the inspection vessel shall ensure that the boarding and inspection is carried out by inspectors fully trained in fisheries enforcement procedures, or duly authorized for this purpose under national laws, and that such inspectors meet the requirements established in these procedures. 15. Authorized inspection vessels and inspectors notified by Contracting Parties pursuant to paragraph 13 shall be included on the Commission register once the Executive Director confirms that they meet the requirements of that paragraph. 16. To enhance the effectiveness of the Commission’s boarding and inspection procedures, and to maximize the use of trained inspectors, Contracting Parties may identify opportunities to place authorized inspectors on inspection vessels of another Contracting Party. Where appropriate, Contracting Parties should seek to conclude bilateral arrangements to this end or otherwise facilitate communication and coordination between them for the purpose of implementing these procedures. 17. The Executive Director shall ensure that the register of authorized inspection vessels and authorities or inspectors is at all times available to all Members of the Commission and shall immediately circulate any changes therein. Update lists shall be posted on the Commission website. Each Member of the Commission shall take necessary measures to ensure that these lists are circulated to each of its fishing vessels operating in the Convention Area. PROCEDURES 18. Authorized inspection vessels shall fly, in clearly visible fashion, the WCPFC inspection flag as designed by the Commission. 19. Authorized inspectors shall carry an approved identity card identifying the inspector as authorized to carry out boarding and inspection procedures under the auspices of the Commission and in accordance with these procedures. 20. An authorized inspection vessel that intends to board and inspect a fishing vessel on the high seas that is engaged in or reported to have engaged in a fishery regulated pursuant to the Convention shall, prior to initiating the boarding and inspection: 4 a. make best efforts to establish contact with the fishing vessel by radio, by the appropriate International Code of Signals or by other accepted means of alerting the vessel; b. provide the information to identify itself as an authorized inspection vessel - name, registration number, international radio call sign and contact frequency; c. communicate to the master of the vessel its intention to board and inspect the vessel under the authority of the Commission and pursuant to these procedures; and d. initiate notice through the authorities of the inspection vessel of the boarding and inspection to the authorities of the fishing vessel. 21. In carrying out boarding and inspection pursuant to these procedures, the authorized inspection vessel and authorized inspectors shall make their best efforts to communicate with the master of the fishing vessels in a language that the master can understand. If necessary to facilitate communications between the inspectors and the master of the vessel, the inspectors shall use the relevant part of the standardized multi-language questionnaire to be prepared by the Secretariat and circulated to all Contracting Parties with authorized inspection vessels. 22. Authorized inspectors shall have the authority to inspect the vessel, its license, gear, equipment, records, facilities, fish and fish products and any relevant documents necessary to verify compliance with the conservation and management measures in force pursuant to the Convention. 23. Boarding and inspection pursuant to these procedures shall: a. be carried out in accordance with internationally accepted principles of good seamanship so as to avoid risks to the safety of fishing vessels and crews; b. be conducted as much as possible in a manner so as not to interfere unduly with the lawful operation of the fishing vessel; c. take reasonable care to avoid action that would adversely affect the quality of the catch; and d. not be conducted in such manner as to constitute harassment of a fishing vessel, its officers or crew. 24. In the conduct of a boarding and inspection, the authorized inspectors shall: 5 a. present their identity card to the master of the vessel and a copy of the text of the relevant measures in force pursuant to the Convention in the relevant area of the high seas; b. not interfere with the master’s ability to communicate with the authorities of the fishing vessel; c. complete the inspection of the vessel within 4 (four) hours unless evidence of a serious violation is found; d. collect and clearly document any evidence they believe indicates a violation of measures in force pursuant to the Convention; e. provide to the master prior to leaving the vessel a copy of an interim report on the boarding and inspection including any objection or statement which the master wishes to include in the report; f. promptly leave the vessel following completion of the inspection; and g. provide a full report on the boarding and inspection to the authorities of the fishing vessel, pursuant to paragraph 30, which shall also include any master’s statement. 25. During the conduct of a boarding and inspection, the master of the fishing vessel shall: a. follow internationally accepted principles of good seamanship so as to avoid risks to the safety of authorized inspection vessels and inspectors; b. accept and facilitate prompt and safe boarding by the authorized inspectors; c. cooperate with and assist in the inspection of the vessel pursuant to these procedures; d. not assault, resist, intimidate, interfere with, or unduly obstruct or delay the inspectors in the performance of their duties; e. allow the inspectors to communicate with the crew of the inspection vessel, the authorities of the inspection vessel, as well as with the authorities of the fishing vessel being inspected; f. provide them with reasonable facilities, including, where appropriate, food and accommodation; and g. facilitate safe disembarkation by the inspectors. 6 26. If the master of a fishing vessel refuses to allow an authorized inspector to carry out a boarding and inspection in accordance with these procedures, such master shall offer an explanation of the reason for such refusal. The authorities of the inspection vessel shall immediately notify the authorities of the fishing vessel, as well as the Commission, of the master’s refusal and any explanation. 27. The authorities of the fishing vessel, unless generally accepted international regulations, procedures and practices relating to safety at sea make it necessary to delay the boarding and inspection, shall direct the master to accept the boarding and inspection. If the master does not comply with such direction, the Member shall suspend the vessel’s authorization to fish and order the vessel to return immediately to port. The Member shall immediately notify the authorities of the inspection vessel and the Commission of the action it has taken in these circumstances. USE OF FORCE 28. The use of force shall be avoided except when and to the degree necessary to ensure the safety of the inspectors and where the inspectors are obstructed in the execution of their duties. The degree of force used shall not exceed that reasonably required in the circumstances. 29. Any incident involving the use of force shall be immediately reported to the authorities of the fishing vessel, as well as to the Commission. INSPECTION REPORTS 30. Authorized inspectors shall prepare a full report on each boarding and inspection they carry out pursuant to these procedures in accordance with a format that may be specified by the Commission. The authorities of the inspection vessel from which the boarding and inspection was carried out shall transmit a copy of the boarding and inspection report to the authorities of the fishing vessel being inspected, as well as the Commission, within 3 (three) full working days of the completion of the boarding and inspection. Where it is not possible for the authorities of the inspection vessel to provide such report to the authorities of the fishing vessel within this timeframe, the authorities of the inspection vessel shall inform the authorities of the fishing vessel and shall specify the time period within which the report will be provided. 31. Such report shall include the names and authority of the inspectors and clearly identify any observed activity or condition that the authorized inspectors believe to be a violation of the Convention or conservation and management measures in force and indicate the nature of specific factual evidence of such violation. SERIOUS VIOLATIONS 32. In the case of any boarding and inspection of a fishing vessel during which the authorized inspectors observe an activity or condition that would constitute a serious violation, as defined in paragraph 37, the authorities of the inspection vessels shall 7 immediately notify the authorities of the fishing vessel, directly as well as through the Commission. 33. Upon receipt of a notification under paragraph 32, the authorities of the fishing vessels shall without delay: a. assume their obligation to investigate and, if the evidence warrants, take enforcement action against the fishing vessel in question and so notify the authorities of the inspection vessel, as well as the Commission; or b. authorize the authorities of the inspection vessel to complete investigation of the possible violation and so notify the Commission. 34. In the case of 33(a) above, the authorities of the inspection vessel shall provide, as soon as practicable, the specific evidence collected by the authorized inspectors to the authorities of the fishing vessel. 35. In the case of 33(b) above, the authorities of the inspection vessel shall provide the specific evidence collected by the authorized inspectors, along with the results of their investigation, to the authorities of the fishing vessel immediately upon completion of the investigation. 36. Upon receipt of a notification pursuant to paragraph 32, the authorities of the fishing vessel shall make best effort to respond without delay and in any case no later than within 3 (three) full working days. 37. For the purposes of these procedures, a serious violation means the following violations of the provisions of the Convention or conservation and management measures adopted by the Commission: a. fishing without a license, permit or authorization issued by the flag Member, in accordance with Article 24 of the Convention; b. failure to maintain sufficient records of catch and catch-related data in accordance with the Commission’s reporting requirements or significant misreporting of such catch and/or catch-related data; c. fishing in a closed area; d. fishing during a closed season; e. intentional taking or retention of species in contravention of any applicable conservation and management measure adopted by the Commission; f. significant violation of catch limits or quotas in force pursuant to the Convention; 8 g. using prohibited fishing gear; h. falsifying or intentionally concealing the markings, identity or registration of a fishing vessel; i. concealing, tampering with or disposing of evidence relating to investigation of a violation; j. multiple violations which taken together constitute a serious disregard of measures in force pursuant to the Commission; k. refusal to accept a boarding and inspection, other than as provided in paragraphs 26 and 27; l. assault, resist, intimidate, sexually harass, interfere with, or unduly obstruct or delay an authorized inspector; and m. intentionally tampering with or disabling the vessel monitoring system; n. such other violations as may be determined by the Commission, once these are included and circulated in a revised version of these procedures. ENFORCEMENT 38. Any evidence obtained as a result of a boarding and inspection pursuant to these procedures with respect to violation by a fishing vessel of the Convention or conservation and management measures adopted by the Commission and in force shall be referred to the authorities of the fishing vessel for action in accordance with Article 25 of the Convention. 39. For the purposes of these procedures, the authorities of the fishing vessels shall regard interference by their fishing vessels, captains or crew with an authorized inspector or an authorized inspection vessel in the same manner as any such interference occurring within its exclusive jurisdiction. ANNUAL REPORTS 40. Contracting Parties that authorize inspection vessels to operate under these procedures shall report annually to the Commission on the boarding and inspections carried out by its authorized inspection vessels, as well as upon possible violations observed. 41. Members of the Commission shall include in their annual statement of compliance within their Annual Report to the Commission under Article 25(8) of the Convention action that they have taken in response to boarding and inspections of their fishing 9 vessels that resulted in observation of alleged violations, including any proceedings instituted and sanctions applied. OTHER PROVISIONS 42. Authorized inspection vessels, while carrying out activities to implement these procedures, shall engage in surveillance aimed at identifying fishing vessels of non- Members undertaking fishing activities on the high seas in the Convention area. Any such vessels identified shall be immediately reported to the Commission. 43. The authorized inspection vessel shall attempt to inform any fishing vessel identified pursuant to paragraph 42 that has been sighted or identified as engaging in fishing activities that are undermining the effectiveness of Convention and that this information will be distributed to the Members of the Commission and the flag state of the vessel in question. 44. If warranted, the authorized inspectors may request permission from the fishing vessel and/or the flag state of the vessel to board a vessel identified pursuant to paragraph 42. If the vessel master or the vessel’s flag state consents to a boarding, the findings of any subsequent inspection shall be transmitted to the Executive Director. The Executive Director shall distribute this information to all Commission Members as well as to the flag State of the fishing vessel. 45. Contracting Parties shall be liable for damage or loss attributable to their action in implementing these procedures when such action is unlawful or exceeds that reasonably required in the light of available information. COMMISSION COORDINATION AND OVERSIGHT 46. Authorized inspection vessels in the same operational area should seek to establish regular contact for the purpose of sharing information on areas in which they are patrolling, on sightings and on boarding and inspections they have carried out, as well as other operational information relevant to carrying out their responsibilities under these procedures. 47. The Commission shall keep under continuous review the implementation and operation of these procedures, including review of annual reports relating to these procedures provided by Members. In applying these procedures, Contracting Parties may seek to promote optimum use of the authorized inspection vessels and authorized inspectors by: a. identifying priorities by area and/or by fishery for boarding and inspections pursuant to these procedures; 10 b. ensuring that boarding and inspection on the high seas is fully integrated with the other monitoring, compliance and surveillance tools available pursuant to the Convention; c. ensuring non-discriminatory distribution of boarding and inspections on the high seas among fishing vessels of Members of the Commission without compromising the opportunity of Contracting Parties to investigate possible serious violations; and d. taking into account high seas enforcement resources assigned by Members of the Commission to monitor and ensure compliance by their own fishing vessels, particularly for small boat fisheries whose operations extend onto the high seas in areas adjacent to waters under their jurisdiction. SETTLEMENT OF DISAGREEMENTS 48. In the event of a disagreement concerning the interpretation, application or implementation of these procedures, the parties concerned shall consult in an attempt to resolve the disagreement. 49. If the disagreement remains unresolved following the consultations, the Executive Director of the Commission shall, at the request of the parties concerned, and with the consent of Commission, refer the disagreement to the Technical and Compliance Committee (TCC). The TCC shall establish a panel of five representatives, acceptable to the parties to the disagreement, to consider the matter. 50. A report on the disagreement shall be drawn up by the panel and forwarded through the TCC Chair to the Commission within two months of the TCC meeting at which the case is reviewed. 51. Upon receipt of such report, the Commission may provide appropriate advice with respect to any such disagreement for the consideration of the Members concerned. 52. Application of these provisions for the settlement of disagreements shall be non- binding. These provisions shall not prejudice the rights of any Member to use the dispute settlement procedures provided in the Convention. 11 2006 1
WCPFC-CMM-2007-01 WCPFC Binding MCS In force Microsoft Word - CMM-2007-01 [Regional Observer Programme].doc Fourth Regular Session Tumon, Guam, USA 2–7 December 2007 CONSERVATION AND MANAGEMENT MEASURE FOR THE REGIONAL OBSERVER PROGRAMME Conservation and Management Measure 2007-01 The Commission for the Conservation and Management of Highly Migratory Fish Stocks in the Western and Central Pacific Ocean; Recalling Article 28(1) of the Convention on the Conservation and Management of Highly Migratory Fish Stocks in the Western and Central Pacific Ocean (WCPF Convention), which requires the Commission to develop a Regional Observer Programme to, among other things, collect verified catch data, and to monitor the implementation of the conservation and management measures adopted by the Commission; Further recalling Article 28(7) of the WCPF Convention, which requires the Commission to develop procedures and guidelines for the operation of the Regional Observer Programme; Cognizant of Conservation and Management Measure 2006-07, which established the procedures to develop the WCPFC Regional Observer Programme; Adopts, in accordance with Article 10 of the WCPFC Convention the following Conservation and Management Measure for the establishment of the WCPFC Regional Observer Programme (Commission ROP). Establishment of the Commission ROP 1. There is hereby established the Commission ROP, which shall be coordinated by the Secretariat of the Commission. 2. The ROP shall be implemented on a phased basis. The implementation schedule is attached as Annex C. 3. The Secretariat of the Commission shall provide an annual report to the Commission with regard to the Commission ROP and on other matters relevant to the efficient operation of the programme. Objectives of the Commission ROP 4. The objectives of the Commission ROP shall be to collect verified catch data, other scientific data, and additional information related to the fishery from the Convention Area and to monitor the implementation of the conservation and management measures adopted by the Commission. Scope of the Commission ROP 5. The Commission ROP shall apply to the following categories of fishing vessels authorized to fish in the Convention Area in accordance with the Commission’s Conservation and Management Measures 2004-01: i) vessels fishing exclusively on the high seas in the Convention Area, and ii) vessels fishing on the high seas and in waters under the jurisdiction of one or more coastal States and vessels fishing in the waters under the national jurisdiction of two or more coastal States. Functions of observers 6. The functions of observers operating under the Commission ROP shall include collecting catch data and other scientific data, monitoring the implementation of the conservation and management measures adopted by the Commission and any additional information related to the fishery that may be approved by the Commission. When a vessel is operating on the same fishing trip both in waters under the national jurisdiction of its flag State and in the adjacent high seas, an observer placed under the Commission ROP shall not undertake any of these functions in waters under national jurisdiction of the flag State without the consent of the flag State. Obligations of CCMs of the Commission 7. Each CCM of the Commission shall ensure that fishing vessels fishing in the Convention Area, except for vessels that operate exclusively within waters under the national jurisdiction of the flag State, are prepared to accept an observer from the Commission ROP if required by the Commission. 8. Each CCM of the Commission shall be responsible for meeting the level of observer coverage as set by the Commission. 9. CCMs shall source observers for their vessels as determined by the Commission. 10. CCMs shall explain to the vessel captain, observer duties relevant to appropriate measures adopted by the Commission. Role of the Commission and its subsidiary bodies 11. The Commission shall, through its subsidiary bodies within their respective mandates, monitor and supervise the implementation of the ROP, develop the priorities 2 and objectives of the ROP, and assess the results of the ROP. The Commission may provide further direction concerning the operation of the ROP, as necessary. The Commission shall ensure the administration and coordination of the ROP is adequately resourced. The Commission may enter into contracts for the provision of the ROP. Role of the Secretariat 12. Consistent with Article 15(4), the role of the Secretariat will be to: a) coordinate ROP activities, including, inter alia: i) maintaining the ROP Manual and the ROP Observer Workbook; ii) so that existing national programmes and sub-regional programmes participating in the ROP maintain standards as adopted by the Commission; iii) receiving communications and providing reports on the ROP’s operation to the Commission (and its subsidiary bodies); including target and achieved coverage levels; iv) coordinating ROP activities with other RFMOs as directed and appropriate; v) facilitating the use of authorized observers in the ROP; vi) monitoring observer trainers and observer training courses for ROP observers to promote the maintenance of standards adopted by the Commission; vii) that the ROP addresses the data and monitoring requirements of the Commission’s CMMs; viii) that appropriate information and data for the monitoring of the implementation of CMMs as adopted by the Commission are collected, compiled, stored and disseminated by the ROP in accordance with procedures adopted by the Commission; ix) managing and administering observers for special situations as directed by the Commission; and x) support staff necessary to effectively administer the ROP. b) authorize observer providers to the ROP. Role of coastal States 13. Each CCM shall nominate a WCPFC National Observer Coordinator, who shall be the contact point on matters related to the ROP. Guiding principles for operation of the Commission ROP 14. The Commission ROP shall operate in accordance with the following principles: i) The Commission ROP shall consist of independent and impartial observers qualified in accordance with criteria approved by the Commission; 3 ii) Vessels that operate principally in coastal waters, but occasionally venture on to the adjacent high seas or into the waters under the jurisdiction of a neighboring State, if they so agree, may carry observers of their own nationality provided those observers have been authorized by the Secretariat;1 iii) The Commission ROP shall be organized in a flexible manner that takes into account the nature of the fishery from the Convention Area and any other relevant factors the Commission may consider appropriate; iv) To ensure cost effectiveness and to avoid duplication, the Commission’s ROP shall be coordinated, to the maximum extent possible, with other regional, sub- regional and national observer programmes; and to this extent the Commission may enter into contracts or appropriate arrangements for the provision of the ROP. v) The Commission ROP shall provide a sufficient level of coverage as approved by the Commission to ensure that the Commission receives appropriate data and information on catch levels and any additional information related to the fisheries within the Convention Area, taking into account the characteristics of the fisheries; vi) Observers shall not unduly interfere with the lawful operations of the vessel and in carrying out their duties shall give due consideration to the operational requirements of the vessel and to the extent practicable minimize disruption to the operation of vessels fishing in the Convention Area; Observers shall comply with the Guidelines in Annex A — Guidelines for the Rights and Responsibilities of Observers. vii) The Commission ROP shall be operated to ensure that observers shall not be unduly obstructed in the discharge of their duties. To this extent, CCMs of the Commission shall ensure that vessel operators comply with the Guidelines in Annex B — Guidelines for the Rights and Responsibilities of Vessel Operators, Captains and Crew. viii) The Commission ROP shall ensure the security and confidentiality of non- aggregated data and other information which the Commission deems to be of a confidential nature; the release of data and other information collected by the Commission ROP shall be in accordance with guidelines set out in the Commission’s Rules and Procedures for Access to, and Dissemination of, Data Compiled by the Commission. 1 See TCC2 Summary Report, para 54ii: “the need to integrate existing national and regional observer programmes into the Commission programme and “to allow CCMs to continue to deploy national observers on vessels that principally operate in coastal waters and that occasionally extend their fishing operations on to the high seas.” 4 Attachment K, Annex A Guidelines on the Rights and Responsibilities of Observers In accordance with Annex III Article 3, and article 28 of the Convention for the Conservation and Management of Highly Migratory Fish Stocks in the Western and Central Pacific. The following guidelines for the Rights and Responsibilities of Observers shall apply to observers placed on a vessel under the Commission ROP. 1. The rights of observers shall include: a) Full access to and use of all facilities and equipment of the vessel which the observer may determine is necessary to carry out his or her duties, including full access to the bridge, fish on board, and areas which may be used to hold, process, weigh, and store fish. b) Full access to the vessel’s records including its logs and documentation for the purpose of records inspection and copying, reasonable access to navigational equipment, charts and radios, and reasonable access to other information relating to fishing. c) Access to and use of communications equipment and personnel, upon request, for entry, transmission, and receipt of work related data or information. d) Access to additional equipment, if present, to facilitate the work of the observer while on board the vessel, such as high powered binoculars, electronic means of communication, etc. e) Access to the working deck during net or line retrieval and to specimens (alive or dead) in order to collect and remove samples. f) Notice by the vessel captain of at least fifteen (15) minutes before hauling or setting procedures, unless the observer specifically requests not to be notified. g) Access to food, accommodations, medical facilities, and sanitary facilities of a reasonable standard equivalent to those normally available to an officer on board the vessel. h) The provision of adequate space on the bridge or other designated area for clerical work and adequate space on the deck for observer duties. i) Freedom to carry out their duties without being assaulted, obstructed, resisted, delayed, intimidated or interfered with in the performance of their duties. 2. The responsibilities of observers shall include: a) Being capable of performing the duties set out by the Commission. b) Acceptance and compliance with agreed upon confidentiality rules and procedures with respect to the fishing operations of the vessels and of the vessel owners. c) Maintenance of independence and impartiality at all times while on duty in the ROP. 5 d) Compliance with the ROP protocols for observers carrying out ROP duties on board a vessel. e) Compliance with the laws and regulations of the CCM that exercises jurisdiction over the vessel. f) Respecting the hierarchy and general rules of behavior that apply to all vessel personnel. g) Performance of duties in a manner that does not unduly interfere with the lawful operations of the vessel and in carrying out their functions they shall give due consideration to the operational requirements of the vessel and shall communicate regularly with the captain or master of the vessel. h) Familiarity with the emergency procedures aboard the vessel, including the locations of life rafts, fire extinguishers, and first aid kits. i) Communicating regularly with the vessel captain on relevant observer issues and duties. j) Observance of ethnic traditions of the crew and customs of the flag State of the vessel. k) Adherence to the ROP Code of Conduct for observers. l) Promptly writing and submitting reports to the Commission or national programme in accordance with procedures adopted by the Commission. 6 Attachment K, Annex B Guidelines on the Rights and Responsibilities of Vessel Operators, Captain and Crew In accordance with Annex III, Article 3, and Article 28 of the Convention for the Conservation and Management of Highly Migratory Fish Stocks in the Western and Central Pacific. The following Guidelines on the Rights and Responsibilities of Vessel Operators, Captain and Crew shall apply when an observer is placed under the Commission ROP. Rights and responsibilities of vessel operators and captains 1. The rights of vessel operators and captains shall include: a) Expectation that a reasonable period of prior notice of the placement of an ROP observer shall be given. b) Expectation that the observer will comply with the general rules of behavior, hierarchy, and laws and regulations of the CCM of the Commission that exercises jurisdiction over the vessel. c) Timely notification from the observer provider on completion of the observer’s trip of any comments regarding the vessel operations. The captain shall have the opportunity to review and comment on the observer’s report, and shall have the right to include additional information deemed relevant or a personal statement. d) Ability to conduct lawful operations of the vessel without undue interference due to the observer’s presence and performance of necessary duties. e) Ability to assign, at his or her discretion, a vessel crew member to accompany the observer when the observer is carrying out duties in hazardous areas. 2. The responsibilities of vessel operators and captains shall include: a) Accepting onboard the vessel any person identified as an observer under the ROP when required by the Commission. b) Informing the crew of the timing of the ROP observer boarding as well as their rights and responsibilities when an ROP observer boards the vessel. c) Assisting the ROP observer to safely embark and disembark the vessel at an agreed upon place and time. d) Giving notice to the ROP observer at least fifteen (15) minutes before the start of a set or haul onboard, unless the observer specifically requests not to be notified. e) Allow and assist the ROP observer to carry out all duties safely. f) Allowing ROP observer full access to the vessel’s records including vessel logs and documentation for the purpose of records inspection and copying. g) Allowing reasonable access to navigational equipment, charts and radios, and reasonable access to other information relating to fishing. h) Permitting access to additional equipment, if present, to facilitate the work of the ROP observer while onboard the vessel, such as high powered binoculars, electronic means of communication, etc. 7 i) Allow and assist the ROP observer to remove and store samples from the catch. j) The provision to the ROP observer, while onboard the vessel, at no expense to the observer or the ROP observer’s provider or government, with food, accommodation, adequate sanitary amenities, and medical facilities of a reasonable standard equivalent to those normally available to an officer onboard the vessel. k) The provision to the ROP observer, while onboard the vessel, insurance coverage for the duration of the observer’s time onboard the vessel. j) Allow and assist full access to and use of all facilities and equipment of the vessel that the observer may determine is necessary to carry out his or her duties, including full access to the bridge, fish onboard, and areas which may be used to hold, process, weigh, and store fish. m) Ensuring the ROP observer is not assaulted, obstructed, resisted, delayed, intimidated, interfered with, influenced, bribed or is attempted to be bribed in the performance of their duties. Rights and responsibilities of vessel crew 3. The rights of vessel crew shall include: a) Expectation that the ROP observer will comply with the general rules of behavior, hierarchy, and laws and regulations of the CCM that exercises jurisdiction over the vessel. b) Expectation that a reasonable period of prior notice of the placement of a ROP observer shall be given by the Captain. c) Reasonable expectation of privacy in crew personal areas. d) Ability to carry out duties associated with normal fishing operations without undue interference due to the ROP observer‘s presence and performance of their necessary duties. 4. The responsibilities of the vessel crew shall include: a) Not assaulting, obstructing, resisting, intimidating, influencing, or interfering with the ROP observer or impeding or delaying observer duties. b) Compliance with regulations and procedures established under the Convention and other guidelines, regulations, or conditions established by the CCM that exercises jurisdiction over the vessel. c) Allowing and assisting full access to and use of all facilities and equipment of the vessel which the observer may determine is necessary to carry out his or her duties, including full access to the bridge, fish onboard, and areas that may be used to hold, process, weigh, and store fish. d) Allow and assist the ROP observer to carry out all duties safely. e) Allow and assist the ROP observer to remove and store samples from the catch. f) Compliance with directions given by the vessel captain with respect to the ROP observers duties. 8 Attachment K, Annex C Implementation programme for the Regional Observer Programme 1. When the measure enters into force, CCMs shall commence implementation of the ROP, in accordance with the measure adopted at WCPFC4, by using the sub-regional and national programmes already operational in the region. CCMs are encouraged to submit data from such programmes as soon as possible. 2. At the direction of the Commission, the IWG-ROP shall continue to develop the framework and important elements of the ROP (e.g. determination of minimum vessel size for observer coverage, training and accreditation of observers, roles and responsibilities of observers, data requirements, cost issues, and appropriate effort units for expressing coverage levels). 3. Arrangements in 2008 do not preclude future development of the ROP by the Commission. 4. No later than 31 December 2008: Existing sub-regional programmes and national programmes shall be regarded as a part of the ROP, and shall continue unless otherwise determined by the Commission. Data obtained through these observer programmes shall be submitted to the Commission and shall be considered Commission data. 5. During the period 1 January 2009–31 December 2010: The Commission shall review the recommendations from the IWG-ROP, SC, and TCC and further develop, and refine as necessary, the ROP, including application of the ROP. 6. No later than 30 June 2012, CCMs shall achieve 5% coverage of the effort in each fishery under the jurisdiction of the Commission (except for vessels provided for in paras 9 and 10). In order to facilitate the placement of observers the logistics may dictate that this be done on the basis of trips. 7. At the 2012 annual sessions of the SC and TCC, the data generated by the ROP shall be reviewed and those subsidiary bodies shall make appropriate recommendations to the Commission. Based on the advice and recommendations of the SC and TCC, the Commission shall annually review the ROP and make adjustments as necessary. Among the elements of the ROP to be reviewed are the provisions of para 10 on vessels initially deferred from application of the ROP. 8. CCMs shall also be expected to meet any additional ROP observer obligations that may be included in any measure adopted by WCPFC, such as provisions of a catch retention measure, a FAD management measure or a transhipment measure. Such measures may include observer requirements for freezer longliners, purse seiners and/or carriers. 9 Special circumstances 9. Fishing vessels used exclusively to fish for fresh fish2 in the area north of 20 degrees north shall be accorded the following considerations: i) At its 2008 annual session, the Northern Committee shall consider the implementation of the ROP adopted by the Commission by vessels fishing for fresh fish in the area north of 20 degrees north. ii) At its 2010 annual session, the Northern Committee shall make recommendations to the Commission on the implementation of the ROP by fishing vessels fishing for fresh fish in the area north of 20 degrees north. iii) The recommendations of the Northern Committee shall provide a date for implementation of the ROP by vessels fishing for fresh fish in the area north of 20 degrees north no later than 31 December 2014. 10. The implementation schedule for the following vessels shall be deferred: i) small vessels, the minimum size of which shall be considered by the IWG-ROP for recommendation to the Commission in 2008. 2 ii) troll and pole-and-line vessels used for fishing for skipjack tuna or albacore (to be scheduled for review by the IWG-ROP). For the purpose of this measure, “fresh fish” means highly migratory fish stocks that are live, whole or dressed/gutted, but not further processed or frozen. 10 2007 1
WCPFC-CMM-2007-02 WCPFC Binding MCS Superseded Microsoft Word - CMM-2007-02 [Commission Vessel Monitoring System].doc Fourth Regular Session Tumon, Guam, USA 2–7 December 2007 COMMISSION VESSEL MONITORING SYSTEM1 Conservation and Management Measure 2007-02 The Western and Central Pacific Fisheries Commission (WCPFC), Recalling the relevant provisions of the Convention, in particular Articles 3 and 24 (8), (9) and (10); Noting the importance of the vessel monitoring system as a tool to effectively support the principles and measures for the conservation and management of highly migratory species within the Convention Area; Mindful of the rights and obligations of Commission Members, Cooperating Non- Members and Participating Territories (CCMs) in promoting the effective implementation of conservation and management measures adopted by the Commission; Further mindful of the key principles upon which the vessel monitoring system is based, including the confidentiality and security of information handled by the system, and its efficiency, cost-effectiveness and flexibility. Adopts, in accordance with Article 10 of the WCPFC Convention the following process relating to the implementation of the WCPFC Vessel Monitoring System (Commission VMS): 1. A Commission VMS. 2. The system shall commence, to be activated 1 January 2008, in the area of the Convention Area south of 20°N, and east of 175°E in the area of the Convention Area north of 20°N. 3. With respect to the area north of 20°N and west of 175°E, the system will be activated at a date to be determined by the Commission. 4. Any fishing vessels fishing for highly migratory fish stocks on the high seas within the areas of the Convention Area described in para 2 above that move into the area north of 20°N and west of 175°E shall keep their ALCs activated and continue to report to the Commission in accordance with this Conservation and Management Measure. 5. Definitions (a) Automatic location communicator (ALC) means a near real-time satellite position fixing transmitter; 1 By adoption of this CMM (CMM-2007-02) the Commission rescinds CMM-2006-06 which has been revised and replaced. (b) FFA Secretariat means the Secretariat of the Pacific Islands Forum Fisheries Agency based at Honiara, Solomon Islands; (c) FFA VMS means the vessel monitoring system developed, managed and operated by the FFA Secretariat and members of the Pacific Islands Forum Fisheries Agency; 6. Applicability (a) The Commission VMS shall apply to all fishing vessels that fish for highly migratory fish stocks on the high seas within the Convention Area. (b) It shall apply to all vessels in excess of 24 metres in length with an activation date of 1 January 2008, and it shall apply to all vessels 24 metres in length or less with an activation date of 1 January 2009. (c) Any CCM may request, for the Commission’s consideration and approval, that waters under its national jurisdiction be included within the area covered by the Commission VMS. Necessary expenses incurred in the inclusion of such area into the Commission VMS shall be borne by the CCM which made the request. 7. Nature and specification of the Commission VMS (a) The Commission VMS shall be a stand-alone system: • developed in and administered by the Secretariat of WCPFC under the guidance of the Commission, which receives data directly from fishing vessels operating on the high seas in the Convention Area; and • with the added capability that it can accept VMS data forwarded from the FFA VMS, so that the fishing vessels operating on the high seas in the Convention Area will have the option to report data via the FFA VMS. (b) The Commission shall develop rules and procedures for the operation of the Commission VMS, including, inter alia: • vessel reporting, including the specifications of the data required, its format and reporting frequencies; • rules on polling; • ALC failure alternates; • cost recovery; • cost sharing; • measures to prevent tampering; and • obligations and roles of fishing vessels, CCMs, the FFA Secretariat and the Commission Secretariat. (c) Security standards of the Commission VMS data shall be developed by the Commission, consistent with the WCPFC Information Security Policy. (d) All CCM fishing vessels required to report to the Commission VMS shall use a functioning ALC that complies with the Commission’s minimum standards for ALCs. (e) The minimum standards for ALCs used in the Commission VMS are appended at Annex 1. 8. In establishing such standards, specifications and procedures, the Commission shall take into account the characteristics of traditional fishing vessels from developing States. 9. Obligation of CCMs (a) Each flag CCM shall ensure that fishing vessels on the high seas in the Convention Area comply with the requirements established by the Commission for the purposes of the Commission VMS and are equipped with ALCs that shall communicate such data as determined by the Commission. (b) CCMs shall cooperate to ensure compatibility between national and high seas VMSs. 10. Review After two years of implementation, the Commission shall conduct a review of the implementation of this Conservation and Management Measure and consider further improvements to the system as required. Attachment L, Annex 1 Draft Minimum Standards for Automatic Location Communicators (ALCs) used in the Commission Vessel Monitoring System Pursuant to Article 24 (8) of the Convention on the Conservation and Management of Highly Migratory Fish Stocks in the Western and Central Pacific Ocean (Convention), the Commission hereby establishes the following minimum standards for ALCs: 1. The ALC shall automatically and independently of any intervention on the vessel communicate the following data: (i) ALC static unique identifier; (ii) the current geographical position (latitude and longitude) of the vessel; and (iii) the date and time (expressed in Universal Time Constant [UTC]) of the fixing of the position of the vessel in para 1 (ii) above. 2. The data referred to in paras 1 (ii) and 1 (iii) shall be obtained from a satellite-based positioning system. 3. ALCs fitted to fishing vessels must be capable of transmitting data referred to in para 1, hourly. 4. The data referred to para 1 shall be received by the Commission within 90 minutes of being generated by the ALC, under normal operating conditions. 5. ALCs fitted to fishing vessels must be protected so as to preserve the security and integrity of data referred to in para 1. 6. Storage of information within the ALC must be safe, secure and integrated under normal operating conditions. 7. It must not be reasonably possible for anyone other than the monitoring authority to alter any of that authority’s data stored in the ALC, including the frequency of position reporting to that authority. 8. Any features built into the ALC or terminal software to assist with servicing shall not allow unauthorized access to any areas of the ALC that could potentially compromise the operation of the VMS. 9. ALCs shall be installed on vessels in accordance with their manufacturer’s specifications and applicable standards. 10. Under normal satellite navigation operating conditions, positions derived from the data forwarded must be accurate to within 100 square metres Distance Root Mean Squared (DRMS), (i.e. 98% of the positions must be within this range). 11. The ALC and/or forwarding service provider must be able to support the ability for data to be sent to multiple independent destinations. 12. The satellite navigation decoder and transmitter shall be fully integrated and housed in the same tamper-proof physical enclosure. 13. In the case that the antenna is mounted separately from the physical enclosure, a single common antenna shall be used for both satellite navigation decoder and transmitter, and the physical enclosure shall be connected using a single length of unbroken cable to the antenna. 2007 1
WCPFC-CMM-2007-04 WCPFC Binding Non-target species Superseded Microsoft Word - CMM-2007-04 [Mitigation of the Impact of Fishing on Seabirds].doc Fourth Regular Session Tumon, Guam, USA 2–7 December 2007 CONSERVATION AND MANAGEMENT MEASURE TO MITIGATE THE IMPACT OF FISHING FOR HIGHLY MIGRATORY FISH STOCKS ON SEABIRDS1 Conservation and Management Measure 2007-04 The Commission for the Conservation and Management of Highly Migratory Fish Stocks in the Western and Central Pacific Ocean Concerned that some seabird species, notably albatrosses and petrels, are threatened with global extinction. Noting advice from the Commission for the Conservation of Antarctic Marine Living Resources that together with illegal, unreported and unregulated fishing, the greatest threat to Southern Ocean seabirds is mortality in longline fisheries in waters adjacent to its Convention Area. Noting scientific research into mitigation of seabird bycatch in surface longline fisheries has showed that the effectiveness of various measures varies greatly depending on the vessel type, season, and seabird species assemblage present. Noting the advice of the Scientific Committee that combinations of mitigation measures are essential for effective reduction of seabird bycatch. Resolves as follows: 1. Commission Members, Cooperating Non-members and participating Territories (CCMs) shall, to the extent possible, implement the International Plan of Action for Reducing Incidental Catches of Seabirds in Longline Fisheries (IPOA-Seabirds) if they have not already done so. 2. CCMs shall report to the Commission on their implementation of the IPOA-Seabirds, including, as appropriate, the status of their National Plans of Action for Reducing Incidental Catches of Seabirds in Longline Fisheries. 1 By adoption of this CMM (CMM-2007-04) the Commission rescinds CMM-2006-02 which has been revised and replaced. 1 Adopts, in accordance with Article 5 (e) and 10( i)(c ) of the Convention on the Conservation and Management of Highly Migratory Fish Stocks in the Western and Central Pacific Ocean the Commission the following measure to address seabird bycatch: 1. CCMs shall require their longline vessels to use at least two of the mitigation measures in Table 1, including at least one from Column A in areas south of 30 degrees South and north of 23 degrees North. Table 1: Mitigation measures Column A Column B Side setting with a bird curtain and Tori line3 weighted branch lines2 Night setting with minimum deck lighting Weighted branch lines Tori line Blue-dyed bait Weighted branch lines Deep setting line shooter Underwater setting chute Management of offal discharge 2. In other areas, where necessary, CCMs are encouraged to employ one or more of the seabird mitigation measures listed in Table 1. 3. Minimum technical specifications for measures in Table 1 are provided in Annex 1. 4. For research and reporting purposes, each CCM with longline vessels that fish in the Convention Area south of 30°S or north of 23°N shall submit to the Commission in part 2 of its annual report for 2007 (due in 2008) information describing which of the mitigation measures in Table 1 they require or will require their vessels to use, as well as the technical specifications for each of those mitigation measures. Each such CCM shall also include in its annual reports for subsequent years any changes it has made to its required mitigation measures or technical specifications for those measures. 5. CCMs are encouraged to undertake research to further develop and refine measures to mitigate seabird bycatch including mitigation measures for use during the hauling process and should submit to the Secretariat for the use by the SC and the TCC any information derived from such efforts. Research should be undertaken in the fisheries and areas to which the measure will be used. 6. The SC and TCC will annually review any new information on new or existing mitigation measures or on seabird interactions from observer or other monitoring programmes. Where necessary, an updated suite of mitigation measures, specifications for mitigation measures, or recommendations for areas of application will then be provided to the Commission for its consideration and review as appropriate. 2 This measure can only be applied in the area north of 23 degrees north until research establishes the utility of this measure in waters south of 30 degrees south. If using side setting with a bird curtain and weighted branch lines from column A this will be counted as two mitigation measures. 3 If tori line is selected from both Column A and Column B this equates to simultaneously using two (i.e. paired) tori lines. 7. CCMs are encouraged to adopt measures aimed at ensuring that seabirds captured alive during longlining are released alive and in as good condition as possible and that wherever possible hooks are removed without jeopardizing the life of the seabird concerned. 8. The intersessional working group for the regional observer programme (IWG-ROP) will take into account the need to obtain detailed information on seabird interactions to allow analysis of the effects of fisheries on seabirds and evaluation of the effectiveness of by-catch mitigation measures. 9. CCMs shall annually provide to the Commission, in part 1 of their annual reports, all available information on interactions with seabirds, including bycatches and details of species, to enable the Scientific Committee to estimate seabird mortality in all fisheries to which the WCPF Convention applies. 10. Paragraph 1 of this Conservation and Management Measure shall be implemented by CCMs in the following manner: - In areas south of 30 degrees South, no later than 1 January 2008 in relation to large-scale longline vessels of 24 meters or more in overall length, and no later than 31 January 2009 in relation to smaller longline vessels of less than 24 meters in overall length. - In areas north of 23 degrees North, and in relation to large-scale longline vessels of 24 meters or more in overall length, no later than 30 June 2008. 11. CCMs shall as of 1 January 2007 initiate a process to ensure that vessels flying their flag will be able to comply with the provisions of para 1 within the deadlines referred to in para 10. 12. This Conservation and Management measure replaces Resolution 2005-01, which is hereby repealed. Attachment O, Annex 1 As the methods below have not all been given due consideration by the SC and TCC all are subject to review and are considered to be provisional. Recognizing that the SC and the TCC will annually review any new information on new or existing mitigation measures or on seabird interactions that indicate their effectiveness in reducing seabird bycatch for that measure, CCMs with longline vessels that fish in the Convention Area shall submit to the Commission detailed information describing the minimum technical specifications being used in fulfillment of this measure as well as any data resulting from research undertaken and/or monitoring measures to further develop and refine measures to mitigate seabird bycatch. Specifications for Column A mitigation measures 1a) Tori Lines i. Minimum length: 100 m ii. Must be attached to the vessel such that it is suspended from a point a minimum of 5 m above the water at the stern on the windward side of the point where the hookline enters the water. iii. Must be attached so that the aerial extent is maintained over the sinking baited hooks. iv. Streamers must be less than 5m apart, be using swivels and long enough so that they are as close to the water as possible. v. If the tori line is less than 150 m in length, must have a towed object attached to the end so that the aerial extent is maintained over the sinking baited hooks. vi. If two (i.e. paired) tori lines are used, the two lines must be deployed on opposing sides of the main line. 1b) Tori Line (light streamer) i. Minimum length of tori line: 100 m or three times the total length of the vessel. ii. Must be attached to the vessel such that it is suspended from a point a minimum of 5 m above the water at the stern on the windward side of a point where the hookline enters the water. iii. Must be attached so that the aerial extent is maintained over the sinking baited hooks. iv. Streamers must be less than 1m apart and be 30 cm in minimum length. v. If two (i.e. paired) tori lines are used, the two lines must be deployed on opposing sides of the main line. 2. Side setting with bird curtain and weighted branch lines i. Mainline deployed from port or starboard side as far from stern as practicable (at least 1 m), and if mainline shooter is used, must be mounted at least 1m forward of the stern. ii. When seabirds are present the gear must ensure mainline is deployed slack so that baited hooks remain submerged. iii. Bird curtain must be employed: • Pole aft of line shooter at least 3 m long; • Minimum of 3 main streamers attached to upper 2 m of pole; • Main streamer diameter minimum 20 mm; • Branch streamers attached to end of each main streamer long enough to drag on water (no wind) – minimum diameter 10 mm. 3. Night setting i. No setting between local sunrise and one hour after local sunset. ii. Deck lighting to be kept to a minimum, noting requirements for safety and navigation. 4. Weighted branch lines i. Following minimum weight specifications are required: ii. Minimum weights attached to all branch lines is 45 g, with the following options: • less than 60 g weight attached to within 1 m of the hook or; • greater than 60 g and less than 98 g weight attached to within 3.5 ms of the hook or; • greater than 98 g weight attached to within 4 m of the hook. Specifications for Column B mitigation measures 1. Weighted branch lines i. Following minimum weight specifications are required: ii. Minimum weights attached to all branch lines is 45 g, with the following options: • less than 60 g weight attached to within 1 m of the hook; or • greater than 60 g and less than 98 g weight attached to within 3.5 m of the hook; or • greater than 98 g weight attached to within 4 m of the hook. 2. Blue dyed bait i. The Commission Secretariat shall distribute a standardized color placard. ii. All bait must be dyed to the shade shown in the placard. 3. Management of offal discharge i. Either: • No offal discharge during setting or hauling; or • Strategic offal discharge from the opposite side of the boat to setting/hauling to actively encourage birds away from baited hooks. 7 2007 1
WCPFC-CMM-2008-01 WCPFC Binding Tuna species Superseded Microsoft Word - 08-01_REC_AMEND REC. 04-01_DEC_15.doc 08-01 BET RECOMMENDATION BY ICCAT TO AMEND THE RECOMMENDATION BY ICCAT ON A MULTI-YEAR CONSERVATION AND MANAGEMENT PROGRAM FOR BIGEYE TUNA THE INTERNATIONAL COMMISSION FOR THE CONSERVATION OF ATLANTIC TUNAS (ICCAT) RECOMMENDS THAT: 1. The terms of the 2004 Recommendation by ICCAT on a Multi-Year Conservation and Management Program for Bigeye Tuna [Rec. 04-01] are extended through 2009. 2. All underages or overages of the annual catch limit of bigeye tuna may be added/to or shall be deducted from the annual catch limit as follows: Year of catch Adjustment Year 2008 2009 and/or 2010 2009 2010 and/or 2011 3. The 2,000 t transfer of bigeye tuna catch limit from Japan to China, to be applied in 2009 be authorized. 4. The Commission requests the SCRS to evaluate before the Regular meeting of 2009: - the existing port sampling programmes aimed at collecting fishery data for bigeye, yellowfin, and skipjack tuna that are caught by purse seine and baitboat fisheries in the Gulf of Guinea, - the closure contained in the proposal from Ghana and Côte d’Ivoire (Annex 1), and any alternative closure, taking into account the need to reduce the catch of juvenile fish. and make appropriate recommendations to improve the sampling programme and the closure so that they are implemented by 2010. 1 Annex 1 Reference Document Proposal by Ghana and Côte d’Ivoire Draft Supplemental Recommendation by ICCAT to Amend the Multi-Year Conservation and Management Program for Bigeye Tuna CONSIDERING the recent analysis by the Standing Committee on Research and Statistics (SCRS) which concluded that changes to the Gulf of Guinea time and area closure adopted in the 2004 Recommendation by ICCAT on a Multi-Year Conservation and Management Program for Bigeye Tuna [Rec. 04-01] are less effective at protecting small juvenile bigeye (BET) and yellowfin (YFT) tunas (<3.2 kg) than the previous closure specified in the 1999 Recommendation by ICCAT on the Establishment of a Closed Area/Season for the Use of Fish-Aggregating Devices (FADs) [Rec. 99-01]; CONCERNED that small juvenile bigeye tuna represent approximately 70 percent of bigeye catches, in number of fish, with a generally increasing trend (SCRS): NOTING that, in 2005, SCRS identified modifications that would improve the effectiveness of the area/season closure applied to purse seine vessels and baitboats flying a CPC flag; RECALLING the overfished status of Atlantic bigeye tuna and the 2007 and 2008 SCRS recommendations to reduce the total allowable catches of this species; OBSERVING the mixed composition of the surface fisheries occurring in the Gulf of Guinea and SCRS recommendations to reduce fishing mortality of small juvenile yellowfin tuna to increase long-term sustainable yield: RECOGNIZING the contribution that a reduction in the harvest of juvenile tunas in the Gulf of Guinea can contribute to the long-term sustainability of the stocks; INTENDING to implement measures to substantially reduce the expected catch of small juvenile bigeye and yellowfin tunas (<3.2 kg) from recent levels; THE INTERNATIONAL COMMISSION FOR THE CONSERVATION OF ATLANTIC TUNAS (ICCAT) RECOMMENDS THAT: 1. The terms of the 2004 Recommendation by ICCAT on a Multi-Year Conservation and Management Plan for Bigeye Tuna [Rec. 04-01] are extended through December 31, 2010, except as provided for below. 2. Paragraph 8 of the Recommendation by ICCAT on a Multiyear Conservation and Management Program for Bigeye Tuna [Rec. 04-01] is replaced by the following: Purse seine and baitboat vessels flying the flag of CPCs shall be prohibited from fishing around, under, or in association with floating objects, including fish-aggregating devices (FADs), during the time period and in the area specified in paragraph 3(b) of the Draft Supplemental Recommendation to Amend Recommendation 04-01. a) Vessels fishing in the area referenced in paragraph 3(b) of the Draft Supplemental Recommendation to Amend Recommendation 04-01 during the period referenced in paragraph 3(a) of the Draft Supplemental Recommendation to Amend Recommendation 04-01 shall retain and report all catches of Atlantic tunas to the Secretariat. b) CPCs shall establish domestic procedures to identify and sanction vessels flying their flags that do not comply with the area restrictions. CPCs shall report on their implementation of such procedures and compliance with the restrictions referenced in paragraphs 3(a) and 3(b) of the Draft Supplemental Recommendation to Amend Recommendation 04-01 to the Secretariat by August 1, each year. The Executive Secretary shall report to the Commission on compliance with the aforementioned restrictions in paragraphs 3(a) and 3(b) of the Draft Supplemental Recommendation to Amend Recommendation 04-01 during each annual meeting of the Commission. 2 3. Paragraph 9 of the Recommendation 04-01 is replaced by the following: The time period and area referred to in paragraph 8 of Recommendation 04-01 are the following: a) The time period is from 1 November of one year to 31 January of the following year. b) The area is defined as: – Southern limit: parallel 4° South latitude - Northern limit: parallel 5° North latitude - Western limit: meridian 20° West longitude – Eastern limit: the African Coast. c) The Commission requests that the SCRS analyze all relevant data and recommend for consideration by the Commission at the 2010 annual meeting, a more effective restricted area that would reduce the relative proportion of small juvenile bigeye tuna and yellowfin caught, prevent growth overfishing, and increase the long-term sustainable yield. 4. Paragraph 10 of Recommendation 04-01 is replaced by the following: The prohibition in paragraphs 8 and 9 of Recommendation 04-01 includes: – Prohibition on launching any floating objects, with or without buoys; – Prohibition on fishing around, under, or in association with artificial objects, including vessels; – Prohibition on fishing around, under, or in association with natural objects; – Prohibition on towing floating objects outside the area identified in paragraph 2 of Recommendation 04-01. 5. Paragraph 11 of Recommendation 04-01 is replaced by the following: The Commission requests the SCRS to analyze in 2011, the efficacy of the area restrictions in paragraphs 3(a) and 3(b) of the Draft Supplemental Recommendation to Amend Recommendation 04-01 in reducing catches of small juvenile bigeye and yellowfin fishes and the impacts of these area restrictions on these affected fish stocks. 6. Paragraph 15 of Recommendation 04-01 is revised as follows to add a new paragraph: CPCs shall ensure that all purse seine and longline vessels and not less than 50 percent of all baitboats affected by the measure have an observer on board vessels engaged in fishing activities on trips taking place during the period referred to in paragraph 3(b) of the Draft Supplemental Recommendation to Amend Recommendation 04- 01, who shall observe the respect of the measure. The biological data collected on the fleet as a whole by these observers shall be provided to the SCRS for the purpose of carrying out analyses identified in paragraph 4 of Recommendation 04-01. a) Observers shall undertake robust data collection on all aspects of the total catch (including by-catch such as sea turtles, marine mammals, seabirds, etc.), which, at a minimum, includes size, biological samples to determine age, and catch per unit of effort information by species. b) The observers should possess the following skills in order to discharge their duties: – Sufficient experience to identify species and gear – Knowledge of the ICCAT conservation measures – Ability to carry out elementary scientific tasks, e.g., collecting samples, as requested and observe and record accurately, – Knowledge of the language of the flag of the vessel observed. 7. Paragraph 16 of Recommendation 04-01 is replaced by the following: The Commission requests the SCRS to develop by 2010 a port sampling plan aimed at collecting fishery data for bigeye, yellowfin, and skipjack tunas that are caught in the vicinity of the restricted area referred to in paragraphs 3(a) and 3(b) of the Draft Supplemental Recommendation to Amend Recommendation 04-01. Beginning in 2011, the port sampling program shall be implemented in all ports receiving such catches from 3 fishing vessels. Data and information collected from the program shall be reported to the Secretariat each year beginning in 2012, describing, at a minimum, the following by country of landing and quarter: species composition, landings by species, length composition, and weights. Biological samples suitable for determining life history should be collected as practicable. 8. Paragraph 17 is added: The Commission requests the SCRS to conduct an assessment of bigeye tuna in the year 2010 and every four years thereafter. 9. This Recommendation amends Recommendation [04-01]. 4 2008 1 1
WCPFC-CMM-2008-03 WCPFC Binding Non-target species In force Microsoft Word - WCPFC5-2008 Attachment X [CMM 2008-03 Sea turtles].doc FIFTH REGULAR SESSION 8-12 December 2008 Busan, Korea CONSERVATION AND MANAGEMENT OF SEA TURTLES Conservation and Management Measure 2008-03 The Commission for the Conservation and Management of Highly Migratory Fish Stocks in the Western and Central Pacific Ocean; In accordance with the Convention on the Conservation and Management of Highly Migratory Fish Stocks in the Western and Central Pacific Ocean: Recognizing the ecological and cultural significance of all species of sea turtles in the western and central Pacific Ocean (WCPO); Further recognizing that the five marine turtle species in the WCPFC Convention Area are threatened or critically endangered; Considering the adverse effects of fishing for highly migratory fish stocks on some populations of sea turtles in the WCPO through capture, injury and mortality; Recalling that the United Nations Food and Agriculture Organization (FAO) endorsed Guidelines to Reduce Sea Turtle Mortality in Fishing Operations at its twenty-sixth Session of the Committee on Fisheries, held in March 2005, and recommended their implementation by regional fisheries bodies and management organizations; Noting that recent international scientific studies using large circle hooks in shallow-set pelagic longline fishing targeting swordfish show, when compared to conventional hooks, significantly lower sea turtle catch rates without undue adverse effects on catch rates of target species; Further noting that scientific studies indicate circle hooks’ further mitigative effects for sea turtles and other incidentally caught species in terms of post-release mortality, as the hooking locations tend to be such that resultant injuries are less severe than with conventional hooks; Further noting that regardless of what hook type is used, international scientific studies using finfish bait show when compared to squid bait, significantly lower sea turtle catch rates in shallow-set pelagic longline swordfish fisheries; 1 Acknowledging that relatively simple proactive and reactive efforts on the part of fishermen can serve to both avoid sea turtle interactions and minimize the adverse consequences of such interactions when they occur; Noting that shallow set longline fisheries also pose significant risks to vulnerable seabird populations in higher latitudes it necessary to achieve a balance in mitigation requirements across species vulnerable to longline interactions; Recognizing that the Inter-American Tropical Tuna Commission (IATTC) adopted, at its 75th meeting, a Resolution to Mitigate the Impact of Tuna Fishing Vessels on Sea Turtles that includes mandatory provisions to apply to purse seine and longline vessels; Recalling Article 22 of the Convention, which provides for cooperation with other organizations, particularly the IATTC, with a view to avoiding duplication of, and achieving consistency in, conservation and management measures; Adopts, in accordance with Articles 5 and 10 of the Convention, that: 1. Commission Members, Cooperating non-Members and participating Territories (CCMs) will implement, as appropriate the FAO Guidelines to Reduce Sea Turtle Mortality in Fishing Operations and to ensure the safe handling of all captured sea turtles, in order to improve their survival. 2. Beginning in 2009, CCMs shall report to the Commission in Part 2 of their annual reports the progress of implementation of the FAO Guidelines and this measure, including information collected on interactions with sea turtles in fisheries managed under the Convention. 3. All data collected by the WCPFC Regional Observer Program (ROP), shall be reported to the Commission as provided in paragraph 2 above or as agreed to under other Commission data collection provisions. 4. CCMs shall require fishermen on vessels targeting species covered by the Convention to bring aboard, if practicable, any captured hard-shell sea turtle that is comatose or inactive as soon as possible and foster its recovery, including giving it resuscitation, before returning it to the water. CCMs shall ensure that fishermen are aware of and use proper mitigation and handling techniques, as described in WCPFC guidelines to be developed and provided to all CCMs by the Secretariat. 5. CCMs with purse seine vessels that fish for species covered by the Convention shall: a. Ensure that operators of such vessels, while fishing in the Convention Area: i. To the extent practicable, avoid encirclement of sea turtles, and if a sea turtle is encircled or entangled, take practicable measures to safely release the turtle. 2 ii. To the extent practicable, release all sea turtles observed entangled in fish aggregating devices (FADs) or other fishing gear. iii. If a sea turtle is entangled in the net, stop net roll as soon as the turtle comes out of the water; disentangle the turtle without injuring it before resuming the net roll; and to the extent practicable, assist the recovery of the turtle before returning it to the water. iv. Carry and employ dip nets, when appropriate, to handle turtles. b. Require that operators of such vessels record all incidents involving sea turtles during fishing operations and report such incidents to the appropriate authorities of the CCM. c. Provide the results of the reporting under paragraph 5(b) to the Commission as part of the reporting requirement of paragraph 2. d. Provide to the Commission the results of any research related to the development of modified FAD designs to reduce sea turtle entanglement and take measures to encourage the use of designs found to be successful at such reduction. 6. CCMs with longline vessels that fish for species covered by the Convention shall ensure that the operators of all such longline vessels carry and use line cutters and de-hookers to handle and promptly release sea turtles caught or entangled, and that they do so in accordance with WCPFC guidelines that are to be developed and provided to all CCMs by the Secretariat. CCMs shall also ensure that operators of such vessels are, where appropriate, required to carry and use dip-nets in accordance with these WCPFC guidelines. 7. Starting on 1 January 2010, CCMs with longline vessels that fish for swordfish in a shallow- set manner1 shall: a. Ensure that the operators of such vessels, while in the Convention Area, are required to employ or implement at least one of the following three methods to mitigate the capture of sea turtles: i. Use only large circle hooks, which are fishing hooks that are generally circular or oval in shape and originally designed and manufactured so that the point is turned perpendicularly back to the shank. These hooks shall have an offset not to exceed 10 degrees. ii. Use only whole finfish for bait. 1 iii. Use any other measure, mitigation plan2 or activity that has been reviewed by the Scientific Committee (SC) and the Technical and Compliance Committee (TCC) “Shallow-set” fisheries are generally to be considered those in which the majority of hooks fish at a depth shallower than 100 meters; however, pursuant to paragraph 7(c) CCMs are to establish and enforce their own operational definitions. 3 and approved by the Commission to be capable of reducing the interaction rate (observed numbers per hooks fished) of turtles in swordfish shallow-set longline fisheries. b. The requirements of paragraph 7(a) need not be applied to those shallow-set swordfish longline fisheries determined by the SC, based on information provided by the relevant CCM, to have minimal3 observed interaction rates of sea turtles over a three-year period and a level of observer coverage of at least 10% during each of those three years. c. For the purpose of implementing this paragraph (7), establish and enforce their own operational definitions of shallow-set swordfish longline fisheries, large circle hooks, and any measures under 7(a)(iii) or adopted by the Commission under paragraph 12, ensuring that they are as enforceable as possible, and report these definitions to the Commission in Part 2 of their annual reports. d. Provide for their longline vessels to record all incidents involving sea turtles during fishing operations and report such incidents to the appropriate authorities of the CCM. e. Provide the results of the reporting under paragraph 7(d) to the Commission as part of the reporting requirement of paragraph 2. 8. CCMs with longline fisheries other than shallow-set swordfish fisheries are urged to: a. Undertake research trials of circle hooks and other mitigation methods in those longline fisheries. b. Report the results of these trials to the SC and TCC, at least 60 days in advance of the annual meetings of these subsidiary bodies. 9. The SC and TCC will annually review the information reported by CCMs pursuant to this measure. Where necessary an updated suite of mitigation measures, specifications for mitigation measures, or recommendations for their application will be developed by these committees and provided to the Commission for its consideration and review. 10. This measure authorizes the Secretariat to obligate resources available to the Special Requirements Fund to be used to assist developing State Members and Territories in implementing the FAO Guidelines to Reduce Sea Turtle Mortality. These funds can be used to train and encourage fishers to adopt appropriate methods and technologies to reduce interactions with sea turtles and to mitigate their adverse effects. 11. The Commission urges CCMs to contribute to the Special Requirements Fund to support eligible members in their efforts to implement this measure, or to provide such support through bilateral arrangements. 2 3 A mitigation plan details the actions that will be taken to achieve specified reductions in sea turtle interactions. To be determined by SC5. 4 12. The Commission will regularly consider additional or new mitigation measures for other longline and purse seine fisheries, based on advice from the SC and TCC and on information provided by CCMs pursuant to this measure. 13. The Secretariat, in coordination with interested CCMs, shall develop guidelines for the handling of sea turtles and distribute them to CCMs no later than June 30, 2009. 14. Nothing in this measure shall prejudice the sovereignty and sovereign rights of coastal States, including for traditional fishing activities and the rights of traditional artisanal fishers, to apply alternative measures for the purpose of exploring, exploiting, conserving and managing sea turtles, including any national plans of action for the conservation and management of sea turtles, within areas under their national jurisdiction. 5 2008 1
WCPFC-CMM-2008-04 WCPFC Binding MCS In force Microsoft Word - WCPFC5-2008 Attachment Y [CMM 2008-04 Driftnets].doc FIFTH REGULAR SESSION Busan, Republic of Korea 8-12 December 2008 CONSERVATION AND MANAGEMENT MEASURE TO PROHIBIT THE USE OF LARGE SCALE DRIFTNETS ON THE HIGH SEAS IN THE CONVENTION AREA Conservation and Management Measure 2008-04 The Western and Central Pacific Fisheries Commission (WCPFC); Recalling that the United Nations General Assembly (UNGA) Resolution 46/215 calls for a global moratorium on large-scale high seas driftnet fishing and the Wellington Convention seeks to prohibit driftnet fishing activities in its convention area; Noting that a number of vessels continue to engage in large-scale high seas driftnet fishing in the North Pacific Ocean, including within the Western and Central Pacific Fisheries Convention area (Convention Area); Mindful that any vessel fishing with large-scale driftnets on the high seas in the Convention Area, or configured to conduct large-scale high seas driftnet operations, has the capacity to take species of concern to the WCPFC and is likely to undermine the effectiveness of Conservation and Management Measures (CMMs) adopted by the WCPFC; Noting with concern that recent information indicates that such vessels are interacting more frequently with highly migratory species, such as tunas, swordfish, sharks, and other species covered by the Convention; and that associated “ghost fishing” by lost or discarded driftnets have serious detrimental effects on these species of concern and the marine environment; th Aware that the WCPFC Northern Committee in its 4 Regular Session recommended that the WCPFC adopt a CMM prohibiting large-scale high seas driftnet fishing in the Convention Area; Adopts the following CMM in accordance with Article 10 of the Convention: 1. The use of large-scale driftnets1 on the high seas within the Convention Area shall be prohibited and such nets shall be considered prohibited fishing gear, the use of which shall constitute a serious violation in accordance with Article 25 of the Convention. 2. CCMs shall take all measures necessary to prohibit their fishing vessels from using large-scale driftnets while on the high seas in the Convention Area. 3. A CCM-flagged fishing vessel will be presumed to have used large-scale driftnets on the high seas in the Convention Area if it is found operating on the high seas in the Convention Area and is configured2 to use large-scale driftnets or is in possession of large-scale drift-nets. 4. Paragraph 3 is not intended to apply to a CCM-flagged vessel that can demonstrate that it is duly authorized to use large-scale driftnets in waters under national jurisdiction and while on the high seas in the Convention Area all of its large-scale driftnets and related fishing equipment are stowed or secured in such a manner that they are not readily available to be used for fishing. 5. CCMs shall include in Part 2 of their Annual Reports a summary of monitoring, control, and surveillance actions related to large-scale driftnet fishing on the high seas in the Convention Area. 6. The WCPFC shall periodically assess whether additional measures should be adopted and implemented to ensure that large-scale driftnets are not used on the high seas in the Convention Area. 7. Nothing in this measure shall prevent CCMs from applying more stringent measures to regulate the use of large-scale driftnets. 1 “Large-scale driftnets” are defined as gillnets or other nets or a combination of nets that are more than 2.5 kilometers in length whose purpose is to enmesh, entrap, or entangle fish by drifting on the surface of, or in, the water column. 2 “Configured” to use large-scale drift-nets means having on board gear, either assembled or disassembled, that collectively would allow the vessel to deploy and retrieve large-scale driftnets. 2 2008 1
WCPFC-CMM-2009-01 WCPFC Binding MCS In force SIXTH REGULAR SESSION Papeete, Tahiti, French Polynesia 7-11 December 2009 WCPFC RECORD OF FISHING VESSELS AND AUTHOURIZATION TO FISH (Revised) Conservation and Management Measure 2009-011 A. Authorization to fish 1. Each member2 of the Commission shall: (a) authorize its vessels to fish in the Convention Area, consistent with article 24 of the Convention, only where it is able to exercise effectively its responsibilities in respect of such vessels under the 1982 Convention, the Agreement and this Convention; (b) take necessary measures to ensure that its vessels comply with conservation and management measures adopted pursuant to the Convention; (c) take necessary measures to ensure that fishing for highly migratory fish stocks in the Convention Area is conducted only by vessels flying the flag of a member of the Commission, and in respect of non-member carriers and bunkers, in accordance with Section D of this Measure3; (d) take necessary measures to ensure that any fishing vessel flying its flag conducts fishing in areas under the national jurisdiction of another State only where the vessel holds an appropriate license, permit or authorization, as may be required by such other State; (e) undertake to manage the number of authorizations to fish and the level of fishing effort commensurate with the fishing opportunities available to that member in the Convention Area; (f) ensure that no authorization to fish in the Convention Area is issued to a vessel that has a history of illegal, unreported or unregulated (IUU) fishing, unless the ownership of the vessel has subsequently changed and the new owner has provided sufficient evidence demonstrating that the previous owner or operator has no legal, beneficial or financial interest in, or control of the vessels, or the member concerned is satisfied that, having taken into account all relevant facts, the vessel is no longer engaged in or associated with IUU fishing; (g) withdraw authorizations to fish consistent with article 25(4) of the Convention; 1 This Measure replaces CMM 2004-01 2 The term “member” when used in this measure includes cooperating non-members. 3 This revision is to correct a cross referencing error in para. 35. (h) take into account the history of violations by fishing vessels and operators when considering applications for authorization to fish by fishing vessels flying its flag; (i) take necessary measures to ensure that the owners of the vessels on the Record flying its flag are citizens, residents or legal entities within its jurisdiction so that any control or punitive actions can be effectively taken against them. 2. Each member of the Commission shall take necessary measures to ensure that its fishing vessels, when in the Convention Area, only tranship to/from, and provide bunkering for, are bunkered by or otherwise supported by: (a) vessels flagged to members, or (b) Other vessels flagged to States not members of the Commission only if such vessels are on the WCPFC Interim Register of non-Member Carrier and Bunker Vessels established under section D below (the “Register”); or (c) Vessels operated under charter, lease, or similar mechanisms in accordance with paragraphs 41 to 43 of this measure. 3. No member of the Commission shall allow any fishing vessel entitled to fly its flag to be used for fishing in the Convention Area beyond areas of national jurisdiction unless it has been authorized to do so by the appropriate authority or authorities of that member. 4. Each such authorization shall set forth for the vessel to which it is issued: (a) the specific areas, species and time periods for which the authorization is valid; (b) permitted activities by the vessel; (c) a prohibition of fishing, retention on board, transshipment or landing by the vessel in areas under the national jurisdiction of another State except pursuant to any license, permit or authorization that may be required by such other State; (d) the requirement that the vessel keep on board the authorization issued pursuant to paragraph 1 above, or certified copy thereof; any license, permit or authorization, or certified copy thereof, issued by a coastal State, as well as a valid certificate of vessel registration; and (e) any other specific conditions to give effect to the provisions of the Convention and conservation and management measures adopted pursuant to it. B. Members’ record of fishing vessels 5. Pursuant to article 24(4) on the Convention, each member of the Commission shall maintain a record of fishing vessels entitled to fly its flag and authorized to fish in the Convention Area beyond its area of national jurisdiction, and shall ensure that all such fishing vessels are entered in that record. 6. Each member of the Commission shall submit, electronically where possible, to the Executive Director by 1 July 2005 the following information with respect to each vessel entered in its record: (a) name of the fishing vessel, registration number, WCPFC Identification Number (WIN), previous names (if known) and port of registry; 2 (b) name and address of the owner or owners; (c) name and nationality of the master; (d) previous flag (if any); (e) International Radio Call sign (f) vessel communication types and numbers (Inmarsat A, B and C numbers and satellite telephone number); (g) colour photograph of the vessel; (h) where and when the vessel was built; (i) type of vessel; (j) normal crew complement; (k) type of fishing method or methods; (l) length (specify type and metric); (m) moulded depth (specify metric); (n) beam (specify metric); (o) gross registered tonnage (GRT) or gross tonnage (GT); (p) power of main engine or engines (specify metric); (q) carrying capacity, including freezer type, capacity and number, fish hold capacity and capacity of freezer chambers (specify metric); and (r) the form and number of the authorization granted by the flag State including any specific areas, species and time periods for which it is valid. 7. After 1 July 2005, each member of the Commission shall notify the Executive Director, within 15 days, or in any case within 72 hours before commencement of fishing activities in the Convention Area by the vessel concerned, of: (a) any vessel added to its Record along with the information set forth in paragraph 6; (b) any change in the information referred to in paragraph 6 with respect to any vessel on its record; and (c) any vessel deleted from its record along with the reason for such deletion in accordance with article 24 (6) of the Convention, 8. Each member of the Commission shall submit to the Executive Director, information requested by the Executive Director with respect to fishing vessels entered in its national record of fishing vessels within fifteen (15) days of such request. 9. Before 1 July of each year, each Member shall submit to the Executive Director a list of all vessels that appeared in its record of fishing vessels at any time during the preceding calendar year, together with each vessel’s WCPFC identification number (WIN) and an indication of whether each vessel fished for highly migratory fish stocks in the Convention Area beyond its area of national jurisdiction. The indication shall be expressed as (a) fished, or (b) did not fish. 10. Members that operate lease, charter arrangements or similar arrangements that result in data reporting obligations being conferred to a party other than the flag State will make arrangements to ensure that the flag State can meet its obligations under paragraph 9. C. WCPFC Record of Fishing Vessels 3 11. The Commission shall, in accordance with article 24(7) of the Convention and based on the information provided to the Commission in accordance with the Convention and these procedures, establish and maintain its own record of fishing vessels authorized to fish in the Convention Area beyond the national jurisdiction of the member of the Commission whose flag the vessel is flying. Such record shall be known as the WCPFC Record of Fishing Vessels (the “Record”). 12. The Record shall include for each vessel an indication of whether or not it was active in the Convention Area beyond its flag State’s area of national jurisdiction in each of the preceding years starting in 2007, consistent with the information provided by Members under paragraph 9. 13. The Executive Director shall ensure that due publicity is given to the Record and the Register including making its contents available through an appropriate website. 14. In addition, the Executive Director shall circulate an annual summary of the information contained in the Record and the Register to all members and participating territories (CCMs) of the Commission at least 30 days prior to the annual meeting of the Commission. 15. CCMs shall review their own internal actions and measures taken pursuant to paragraph 1, including sanctions and punitive actions and, in a manner consistent with domestic law as regards disclosure, report annually to the Commission the results of the review. In consideration of the results of such review, the Commission shall, if appropriate, request that the Flag State, or member, of vessels on the Record or the Register take further action to enhance compliance by those vessels with WCPFC conservation and management measures. 16. Any vessel not included in the Record or the Register shall be deemed not to be authorized to fish for, retain on board, transship or land highly migratory fish stocks in the Convention Area beyond the national jurisdiction of its flag State. Each member of the Commission shall prohibit such activities by any vessel entitled to fly its flag that is not included on the Record or Register and shall treat a violation of this prohibition as a serious violation. 17. Each CCM shall further prohibit landing at its ports or transshipment to vessels flying its flag of highly migratory fish stocks caught in the Convention Area by vessels not entered on the Record or the Register. 18. Each CCM shall notify the Executive Director, in accordance with the relevant provisions of article 25 of the Convention, of any factual information showing that there are reasonable grounds to suspect that a vessel that is not on the Record or the Register is or has been engaged in fishing for or transhipment of highly migratory fish stocks in the Convention Area. 19. If such vessel is flying the flag of a member of the Commission, the Executive Director shall notify that member and shall request that member to take the necessary measures to prevent the vessel from fishing for highly migratory fish stocks in the Convention Area and to report back on the actions taken with respect to the vessel. 20. Paragraphs 16 to 18 do not apply in respect of vessels that operate entirely in the Exclusive Economic Zone of a CCM and that are flagged to that CCM. 21. If such vessel is flying the flag of a non-member without cooperating status or if the flag of the vessel cannot be determined, the Executive Director shall inform all CCMs so that they 4 may, in addition to measures specified in paragraph 15, take appropriate action consistent with the Convention. 22. The Commission and the CCMs concerned shall communicate with each other, and make the best efforts with FAO and other relevant regional fishery management bodies to develop and implement appropriate measures, where feasible, including the establishment of records of a similar nature in a timely manner so as to avoid adverse effects upon fishery resources in other oceans. Such adverse effects might consist of excessive fishing pressure resulting from a movement of IUU fishing vessels between areas covered by other regional fishery management organizations. 23. If, through a decision of the Commission, a vessel that is contained on the Record is included on the WCPFC IUU List, the flag State or responsible State shall revoke, consistent with applicable national law, the vessels’ authorization to fish beyond the national jurisdiction of its flag State. Executive Director shall remove that vessel from the Record as soon as practicable after being notified under paragraph 7(c). D. WCPFC Interim Register of non-Member Carrier and Bunker Vessels 24. The Commission encourages all flag states of carrier and bunker vessels that operate in the Convention Area and have been listed on the Temporary Register of Non-CCM Carrier and Bunker Vessels to apply for Cooperating Non-Member (CNM) status as soon as possible. Towards that end, the Secretariat will share copies of this conservation and management measure with appropriate contacts in all such flag States as soon as practicable. 25. The Commission shall consider all such applicants in accordance with the conservation and management measure, noting its ability to grant CNM status to an applicant subject to the restriction that it may only provide carrier and bunker vessels to the fishery. 2010 to 2012 26. The Commission hereby establishes an Interim Register of Non-Member Carrier and Bunker Vessels (the “Register”). 27. Vessels that are included by the Commission on the Register in accordance with the provisions of this section shall be authorised to be used in the Convention Area to receive transhipments of highly migratory fish stocks and to bunker or otherwise supply CCM-flagged fishing vessels used to fish for highly migratory fish stocks in the Convention Area. 28. Any Member of the Commission may at any time submit to the Executive Director, in electronic format if possible, a list of any carrier vessels and bunker vessels that it wishes to be included on the Register. This List shall include the information described at paragraph 6 above as well as the flag State of the vessel. 29. The CCM(s) recommending vessels to be included on the Register shall attest that the vessel or vessels being recommended are not vessels: (a) with a history of illegal, unreported or unregulated (IUU) fishing, unless the ownership of the vessel has subsequently changed and the new owner has provided sufficient evidence demonstrating that the previous owner or operator has no legal, beneficial or financial interest in, or control of the vessels, or the 5 CCM concerned is satisfied that, having taken into account all relevant facts, the vessel is no longer engaged in or associated with IUU fishing; or (b) that are currently listed on any of the IUU vessel lists adopted by regional fishery management organizations (RFMOs); or (c) that were removed from the Register pursuant to paragraph 38 within the one- year period prior to the receipt of the information under paragraph 4. 30. It shall be a condition for inclusion on the Register that the owner or manager/operator of the vessel provides a written undertaking, addressed to the Commission, that the owner, manager/operator and master of the carrier or bunker vessel will fully comply with all applicable decisions of the Commission, including conservation and management measures. Any reference in Commission decisions to member-flagged vessels shall be construed to include non-member flagged-vessels for the purposes of these written undertakings. These undertakings shall include an explicit commitment to allow any inspection duly authorized under the Commission’s High Seas Boarding and Inspection Procedures to board and inspect the vessel on the high seas. These undertakings shall also include an agreement to cover the costs associated with complying with Commission decisions, such as the costs of VMS registration and observer placement. 31. Until such time as the Commission undertakes a review to determine vessel specific costs relevant to paragraph 30 above, vessels operators shall commit to pay a nominal fee to contribute to the work of the Commission. 32. It shall be the responsibility of the owner or manager/operator to ensure that any such undertaking is compliant with national laws of its flag State. In addition, the owner or manager/operator of the vessel is encouraged to obtain a statement of support from the flag State, including an explicit statement of its position in respect of high seas boarding and inspection. 33. The Secretariat will post on the Commission website a list of all the applicable conservation and management measures and oth er applicable Commission decisions that the written undertaking must cover. It will also be a condition that the owner, manager/operator or master of the carrier or bunker vessel will notify the Secretariat of any changes to the information provided under paragraph 28 within 15 days of the change. 34. Failure by the owner, manager/operator or master of a vessel on the Register to fully comply with applicable decisions of the Commission, including conservation and management measures, shall constitute an appropriate basis for placement of such vessel on the Commission’s Draft IUU Vessel List in accordance with the relevant conservation and management measure for establishing the WCPFC IUU Vessel List. 35. Within 7 business days of receipt of complete information for a carrier or bunker vessel under paragraphs 28 to 30, the Secretariat will include the vessel on the Register and within 7 business days of receipt of any changes to such information, the Secretariat will include the updated information in the Register. For each vessel, the Register will include all the information listed in paragraph 6, a copy of the written undertaking provided under paragraph 30, and the CCM(s) that requested inclusion of the vessel on the Register. 36. As soon as possible after receipt of complete information for a carrier and Bunker vessel under paragraphs 28 to 30, the Secretariat shall notify the flag State and provide an opportunity for the flag State to convey its position, including an explicit statement or position in respect of high seas boarding and inspection if not already done so under paragraph 30. 6 37. The Commission will periodically monitor the IUU vessel lists maintained by RFMOs. At any time that a vessel on the Register is also on one of those IUU vessel lists, the Secretariat will: (a) notify Members and the owner of the vessel of its finding and that the vessel will be removed from the Register, effective 30 days from the date of the notice; and (b) 30 days from the notice given under sub-paragraph (a), remove the vessel from the Register. 38. The Commission shall monitor the performance of the vessels on the Register with respect to the written undertakings submitted under paragraph 30. If at any time a Member of the Commission finds evidence that the owner, manager/operator or master of a vessel on the Register has failed to fully discharge those undertakings: (a) the Member of the Commission shall immediately submit such evidence to the Secretariat; (b) the Secretariat will immediately circulate such evidence to the CCMs of the Commission; (c) the Commission shall review the evidence and decide whether or not to remove the vessel from the Register. If the Commission is to next meet between 14 and 60 days after the circulation made under paragraph 38(b), such decision shall be made in the next session of the Commission, otherwise it shall be made in accordance with the Commission Rules of Procedure as they relate to inter- sessional decision-making; (d) if the Commission decides to remove a vessel from the Register, the Secretariat will notify the owner of the vessel of the decision within 7 days and remove the vessel from the Register 60 days after the Commission’s decision. (e) The Executive Director shall advise all CCMs and the flag State of the completion of action taken under paragraph 38(d). 39. The Register shall expire 60 days after the Annual Regular Session of the Commission in 2012 unless the Commission decides otherwise at its Regular Annual Session in 2012. The TCC will conduct a review in 2011 and 2012 of the non-CCM flagged fleet including an assessment of potential economic impacts to HMS fisheries in the Convention Area and unforeseen circumstances that could arise through prohibition of non-CCM carriers and bunkers. 2013 and beyond 40. Noting paragraphs 24 and 25 above the Commission expects that after the annual regular session of the Commission in 2013, the majority of carrier and bunker vessels will be flagged to Members. 41. Notwithstanding this expectation, a carrier or bunker vessel flagged to a non-member but operated under charter, lease or other similar mechanisms as an integral part of the fishery of a CCM shall be considered to be vessels of the host CCM and, where the vessel shall be operating in waters under the jurisdiction of more than one CCM, must be included in the CCM’s record of fishing vessels under section B accordingly. In such case, the Record shall distinguish between vessels flagged to the CCM and vessels affiliated through this provision. 42. Such a charter, lease or other arrangement shall provide for the host Member to conduct Monitoring, Control and Surveillance activities relevant to the vessel at any time and allow the 7 Commission to place responsibility on the host Member for ensuring the vessel’s compliance with conservation and management measures. Such charter, lease or other arrangement shall include an explicit condition that the vessel will fully comply with all applicable decisions of the Commission, including conservation and management measures. Any reference in Commission decisions to member-flagged vessels shall be construed to include non-member flagged-vessels for the purposes of these conditions. These conditions shall include an explicit commitment to allow any inspection duly authorized under the Commission’s High Seas Boarding and Inspection Procedures to board and inspect the vessel on the high seas. 43. Such arrangements may only authorize non-member carrier and bunker vessels to operate in ports and waters under the jurisdiction of a member, as duly authorized by the host Member and the coastal State. The host Member acknowledges that failure by the vessel to comply with conservation and management measures will result in penalties that could include IUU listing, refusal to register other vessels of the same flag and sanctions against the host Member. E. General 44. The Commission shall keep these procedures under review and may amend them as appropriate. – – – 8 2009 1
WCPFC-CMM-2009-02 WCPFC Binding Tuna species In force DRAFT PNA PAPER TO TCC4 ON CATCH RETENTION AND FAD CLOSURE PROCEDURES SIXTH REGULAR SESSION Papeete, Tahiti, French Polynesia 7-11 December 2009 CONSERVATION AND MANAGEMENT MEASURE ON THE APPLICATION OF HIGH SEAS FAD CLOSURES AND CATCH RETENTION Conservation and Management Measure 2009-02 Recalling that CMM 2008-011 provides for a FAD closure and catch retention by purse seine vessels in the area bounded by 20ºN and 20ºS; Concerned to ensure clear rules for the application of the provisions relating to the FAD closure and catch retention; Concerned to ensure compatibility of measures established for the high seas with those already adopted for areas under national jurisdiction in accordance with Article 8 (1); Conscious that incomplete or inconsistent application of the elements of CMM 2008-01 will undermine the effectiveness of the Measure; Recalling that the PNA have developed detailed Regulations for the implementation of FAD closures and catch retention in their EEZs; Concerned at reports by the WCPFC Secretariat and Members about cases of inconsistent application of the two month FAD closure in the high seas in 2009;]] Adopts, in accordance with Article 10 of the Convention, the following Measure to be read as a part of CMM 2008-01: OBJECTIVES 1. The objectives of this Measure are: a. to ensure consistent and robust application of FAD closures and catch retention in the high seas between 200S and 200N through the specification of minimum standards. b. to apply high standards to the application of the FAD closure and catch retention in order to remove any possibility for the targeting of aggregated fish, or the discard of small fish. 2. Each CCM shall take the necessary measures to ensure that purse seine vessels flying its flag on the high seas comply with these rules in the application of the provisions of CMM 2008-01 relating to a FAD closure and catch retention. 1 Conservation and Management Measure for Bigeye and Yellowfin Tuna in the Western and Central Pacific Ocean Rules for FAD Closure 3. The definition of a FAD in footnote 1 to CMM 2008-01 shall be interpreted as including: “any object or group of objects, of any size, that has or has not been deployed, that is living or non-living, including but not limited to buoys, floats, netting, webbing, plastics, bamboo, logs and whale sharks floating on or near the surface of the water that fish may associate with” 4. During the FAD closure period specified in CMM 2008-01, no purse seine vessel shall conduct any part of a set within one nautical mile of a FAD. That is, at no time may the vessel or any of its fishing gear or tenders be located within one nautical mile of a FAD while a set is being conducted. 5. The operator of a vessel shall not allow the vessel to be used to aggregate fish, or to move aggregated fish including using underwater lights and chumming. 6. A FAD and/or associated electronic equipment shall not be retrieved by a vessel during the period of a FAD closure unless: a. the FAD and/or associated electronic equipment are retrieved and kept on board the vessel until landed or until the end of the closure; and b. the vessel does not conduct any set either for a period of seven (7) days after retrieval or within a fifty (50) mile radius of the point of retrieval of any FAD. 7. In addition to paragraph 6, vessels shall not be used to operate in cooperation with each other in order to catch aggregated fish. No vessel shall conduct any set during the prohibition period within one nautical mile of a point where a FAD has been retrieved by another vessel within twenty four (24) hours immediately preceding the set. Rules for Catch Retention 8. Where the operator of a vessel determines that fish should not be retained on board for reasons related to the size, marketability, or species composition, the fish shall only be released before the net is fully pursed and one half of the net has been retrieved. 9. Where the operator of a vessel determines that fish should not be retained on board because they are “unfit for human consumption”, the following definitions shall be applied: a. “unfit for human consumption” includes, but is not limited to fish that: i. is meshed or crushed in the purse seine net; or ii. is damaged due to shark or whale depredation; or iii. has died and spoiled in the net where a gear failure has prevented both the normal retrieval of the net and catch and efforts to release the fish alive; and b. “unfit for human consumption” does not include fish that: i. is considered undesirable in terms of size, marketability, or species composition; or ii. is spoiled or contaminated as the result of an act or omission of the crew of the fishing vessel. 10. Where the operator of a vessel determines that fish should not be retained on board because it was caught during the final set of a trip when there is insufficient well space to accommodate all fish caught in that set, the fish may only be discarded if: a. the vessel master and crew attempt to release the fish alive as soon as possible; b. no further fishing is undertaken after the discard until the fish on board the vessel has been landed or transhipped. 11. Fish shall not be discarded from the vessel until after an observer has estimated the species composition of the fish to be discarded. 12. The operator of the vessel shall submit[ to the Executive Director a report that includes the following information within forty-eight 48 hours after any discard: a. Name, flag and WCPFC Identification Number of the vessel; b. Name and nationality of master; c. Licence number; d. Name of observer on board; e. Date, time and location (latitude/longitude) that discarding occurred; f. Date, time, location (latitude/longitude) and type (drifting FAD, anchored FAD, free school etc) of the shot; g. Reason that fish were discarded (including statement of retrieval status if fish were discarded in accordance with paragraph 6); h. Estimated tonnage and species composition of discarded fish; i. Estimated tonnage and species composition of retained fish from that set; j. If fish were discarded in accordance with paragraph 10, a statement that no further fishing will be undertaken until the catch on board has been unloaded; and k. Any other information deemed relevant by the vessel master. 13. The operator of the vessel shall also provide a hard copy of the information described in para 12 to the WCPFC Observer on board. 2009 1 1 1
WCPFC-CMM-2009-05 WCPFC Binding MCS In force The Western and Central Pacific Fisheries Commission: SIXTH REGULAR SESSION Papeete, Tahiti, French Polynesia 7-11 December 2009 CONSERVATION AND MANAGEMENT MEASURE PROHIBITING FISHING ON DATA BUOYS Conservation and Management Measure 2009-05 The Western and Central Pacific Fisheries Commission: Aware that many nations, including Commission Members, operate and deploy data buoys throughout the Convention Area and oceans worldwide to gather information used to make improved weather and marine forecasts, provide assistance to fisheries by generating data on sea surface and subsurface measurements, provide assistance to search and rescue efforts at sea, and collect critical data used to conduct research on meteorological and oceanographic topics and climate prediction; Knowing that highly migratory species, in particular tuna species, aggregate in the vicinity of data buoys. Noting that a reduction of fishing around data buoys may assist the Commission in its efforts to reduce the mortality of juvenile bigeye and yellowfin tunas; Recognizing that the World Meteorological Organization and the Intergovernmental Oceanographic Commission have determined that vandalism and damage to data buoys by fishing vessels are significant problems in the Pacific Ocean and worldwide; Concerned that vandalism or damage to data buoys results in significant loss of data critical to weather forecasting, to the study of marine conditions, to tsunami warnings, to support for search and rescue efforts at sea, and that Commission Members expend considerable time and resources to locate, replace and repair data buoys damaged or lost by fishing methods or vandalism; Noting that information about the description, type and location of several data buoy programs is publicly available through the Internet; Further noting the mandate given to the Commission to adopt generally recommended international minimum standards for the responsible conduct of fishing operations; Adopts the following conservation and management measure in accordance with Article 10 of the Convention: 1. CCMs shall prohibit their fishing vessels from fishing within one nautical mile of or interacting with a data buoy in the high seas of the Convention Area, which includes, but is not limited to, encircling the buoy with fishing gear; tying up to or attaching the vessel, or any fishing gear, part or portion of the vessel, to a data buoy or its mooring; or cutting a data buoy anchor line. 2. For the purposes of this measure, data buoys are defined as floating devices, either drifting or anchored, that are deployed by governmental or recognized scientific organizations or entities for the purpose of electronically collecting and measuring environmental data, and not for the purpose of fishing activities. 3. CCMs shall prohibit their fishing vessels from taking on board a data buoy unless specifically authorized or requested to do so by the Member or owner responsible for that buoy. 4. CCMs shall encourage their fishing vessels operating in the Convention Area to keep watch for moored data buoys at sea and to take all reasonable measures to avoid fishing gear entanglement or directly interacting in any way with those data buoys. 5. CCMs shall require their fishing vessels that become entangled with a data buoy to remove the entangled fishing gear with as little damage to the data buoy as possible. CCMs are encouraged to require their fishing vessels to report to them all entanglements and provide the date, location and nature of the entanglement, along with any identifying information contained on the data buoy. CCMs shall notify the Secretariat of all such reports. 6. Fishing activities inconsistent with paragraphs 1 and 2 above shall be deemed fishing activities that undermine the WCPF Convention and WCPFC conservation and management measures and shall constitute a serious violation in accordance with Article 25 of the Convention. 7. Notwithstanding paragraph 1, scientific research programs notified to and authorized by the Commission may operate fishing vessels within one nautical mile of a data buoy so long as they do not interact with those data buoys as described in paragraph 1. 2 2009 1
WCPFC-CMM-2009-06 WCPFC Binding MCS In force DRAFT CONSERVATION AND MANAGEMENT MEASURE ON REGULATION OF TRANSHIPMENT SIXTH REGULAR SESSION Papeete, Tahiti, French Polynesia 7-11 December 2009 CONSERVATION AND MANAGEMENT MEASURE ON THE REGULATION OF TRANSHIPMENT Conservation and Management Measure 2009-06 The Commission for the Conservation and Management of Highly Migratory Fish Stock in the Western and Central Pacific Ocean, Acknowledging that effective conservation and management of highly migratory fish stocks is dependent on the provision of accurate reporting of catches of such stocks in the Convention Area; Recognizing that transhipment at sea is a common global practice, but that unregulated and unreported transhipment of catches of highly migratory fish stocks at sea, in particular on the high seas, contributes to distorted reporting of catches of such stocks and supports IUU fishing in the Convention Area; Recalling Article 29(1) of the Convention which provides that in order to support efforts to ensure accurate reporting of catches, the members of the Commission shall encourage their fishing vessels, to the extent practicable, to conduct transhipment in port. Recalling also Article 29(2) and (3) of the Convention that transhipment at a port or in an area within waters under the national jurisdiction of a member of the Commission shall take place in accordance with applicable national laws, and that the Commission shall develop procedures to obtain and verify data on the quantity and species transhipped both in port and at sea in the Convention Area and procedures to determine when transhipment covered by the Convention has been completed; Recalling further Article 29(4) of the Convention that Transhipment at sea in the Convention Area beyond areas under national jurisdiction shall take place only in accordance with the terms and conditions set out in article 4 of Annex III to the Convention, and any procedures established by the Commission pursuant to Article 29(3). Such procedures shall take into account the characteristics of the fishery concerned; Recalling further that Article 29(5) of the Convention prohibits transhipping at sea by purse seine vessels operating within the Convention Area, subject to specific exemptions which the Commission shall adopt in order to reflect existing operations; Recognizing the importance of economic benefits from port operations to Small Island Developing State CCMs; Noting that those CCMs with a real interest in undertaking monitoring, control and surveillance activities in the high seas require access to information about transhipment activities in the convention area before they occur. Desiring to establish procedures to obtain and verify data on the quantity and species transhipped in the Convention Area to ensure accurate reporting of catches, and enhance stock assessments of highly migratory fish stocks. Adopts in accordance with Article 10 of the WCPFC Convention: SECTION 1 – GENERAL RULES 1. This measure shall commence as soon as possible and no later than July 1, 20101. 2. The provisions of this Measure shall apply to all transhipment in the Convention Area of all highly migratory fish stocks covered by the Convention. CCMs that tranship outside the Convention Area highly migratory fish stocks covered by the Convention taken in the Convention Area shall provide the information related to those activities, as required in paragraphs 10, 11 and 12. Highly migratory fish stocks covered by the Convention shall not be transhipped at sea by purse seine vessels outside the Convention Area consistent with paragraph 25 of this measure. 3. The provisions of this Measure shall not apply to transhipment of highly migratory fish stocks where fish is taken and transhipped wholly in archipelagic waters or territorial seas. 4. Transhipment in a port or in waters under the national jurisdiction of a CCM shall take place in accordance with applicable national laws. With the exception of Section 2 (which applies article 29(5) of the Convention), nothing in this Measure shall prejudice the application of national laws when transhipment occurs in areas under the national jurisdiction of a CCM, including the application of more stringent requirements. 5. A CCM may notify the Executive Director of its designated port or ports for transhipment. The Executive Director shall circulate periodically to all members a list of such designated ports. “Port” includes offshore terminals and other installations for landing, transshipping, processing, refuelling or resupplying; 6. Nothing in this Measure shall derogate the obligations on flag states to ensure compliance by vessels flying their flag while operating on the high seas. Each CCM shall take necessary measures to ensure that vessels flying its flag comply with this Measure. 7. For the purposes of this Measure, CCMs are responsible for reporting against vessels flying their flag except where the vessel is operated under charter, lease or other similar mechanisms, as an integral part of the domestic fleet of a coastal state in the Convention Area. In such case, the chartering state shall be the CCM responsible for reporting against the vessel. 8. Pursuant to paragraph 7, chartering CCMs and flag CCMs will cooperate for the appropriate management of the vessel to ensure compliance. 9. For a carrier vessel that is flagged to a non-CCM and is included on the WCPFC Interim Register of non-Member Carrier and Bunker Vessels, the vessel master shall be responsible for reporting against the vessel unless it is operating under a charter arrangement. 10. A WCPFC Transhipment Declaration, including the information set out in Annex I shall be completed by both the offloading and receiving vessel for each transhipment in the Convention Area, and each transhipment of catch taken in the Convention Area. Where required in this Measure the Transhipment Declaration shall be sent to the Executive Director. 1 Except paragraph 13(c) this Measure shall enter into effect 1 January 2011. 2 11. CCMs shall report on all transhipment activities covered by this Measure (including transhipment activities that occur in ports or EEZs) as part of their Annual Report in accordance with the guidelines at Annex II. In doing so, CCMs shall take all reasonable steps to validate and where possible, correct information received from vessels undertaking transhipment using all available information such as catch and effort data, position data, observer reports and port monitoring data. 12. Notices to the Executive Director under paragraphs 24 and 35.a.iii shall be given via a means of two-way communication by data (e.g., telex, facsimile, email). The CCMs responsible for reporting against both the offloading and receiving vessels are responsible for providing notices, but may authorise the vessel or the vessel operator to provide notices directly. Notices must include the information set out in Annex III. 13. Each CCM shall ensure that vessels they are responsible for carry observers from the WCPFC Regional Observer Programme (ROP) to observe transhipments at sea as follows: a. for transhipments to receiving vessels less than or equal to 33 meters in length, and not involving purse seinecaught fish or frozen longlinecaught fish, 100% observer coverage starting on the effective date of this Measure, with the observer(s) deployed on either the offloading vessel or receiving vessel; b. for transhipments other than those covered by subparagraph (a) and involving only troll- caught or pole-and-line-caught fish, 100% observer coverage starting 1 January 2013, with the observer(s) deployed on the receiving vessel. c. for transhipments other than those covered by subparagraphs (a) and (b), 100% observer coverage starting on the effective date of this Measure, with the observer(s) deployed on the receiving vessel. 14. Observers shall monitor implementation of this Measure and confirm to the extent possible that the transshipped quantities of fish are consistent with other information available to the observer, which may include: a. the catch reported in the WCPFC Transshipment Declaration; b. data in catch and effort logsheets, including catch and effort logsheets reported to coastal States for fish taken in waters of such coastal States; c. vessel position data; and d. the intended port of landing. 15. Observers shall have full access to both the unloading and the receiving vessel in order to ensure that proper verification of catches can occur. The Commission shall develop guidelines for the safety of observers in moving between vessels as part of the ROP. 16. Receiving vessels shall only receive product from one unloading vessel at a time for each observer that is available to monitor the transhipment. 17. Any scheme or process developed and agreed by the Commission for the cross endorsement of observers from other RFMOs as part of the ROP shall apply to this measure. 18. The Commission shall provide appropriate financial and technical assistance to developing states, in particular small island developing states, in the implementation of this Measure 3 including in accordance to Article 30. 19. The measure shall be reviewed periodically in response to other measures and decisions taken by the Commission and taking into account the implementation of this and other measures. 1A – Transhipment to and from non-CCM Vessels 20. CCMs shall take measures to ensure that vessels do not tranship to or from a vessel flagged to a non-CCM unless that vessel is authorized by a decision of the Commission, such as: a. a non-CCM carrier vessel that is on the WCPFC Interim Register of non-CCM Carrier and Bunker Vessels established under CMM 2009-01; or b. a non-CCM fishing vessel that is licensed to fish in the EEZ of a CCM in accordance with a decision of the Commission. 21. To retain any authorisation from the Commission relevant to paragraph 20, a non-CCM vessel shall not tranship to or from a non-authorised non-CCM vessel. 22. In cases where transhipment involves a non-CCM vessel specified in paragraph 18 20.a, any required communications to the Executive Director, including pre-transhipment notices and transhipment declarations that are required under various sections of this measure, shall be responsibility of the vessel master of the carrier vessel or chartering CCM. 1B – Force Majeure or Serious Mechanical Breakdown 23. Unless otherwise stated, the restrictions in this measure shall not prevent a vessel from transhipping in cases of force majeure or serious mechanical breakdown that could threaten the safety of the crew or result in a significant financial loss though fish spoilage. 24. In such cases, the Executive Director must be notified of the transhipment and the circumstances giving rise to the force majeure within 12 hours of the completion of transhipment. The CCMs responsible for each vessel shall provide the Executive Director with a WCPFC Transhipment Declaration consistent with the requirement under paragraph 10 within 15 days of the transhipment. SECTION 2 – TRANSHIPMENT FROM PURSE SEINE FISHING VESSELS 25. In accordance with Article 29 (5) of the Convention, transhipment at sea by purse seine vessels shall be prohibited except in respect of exemptions granted by the Commission for: a. existing group seine operations composed of small purse seine boats (fish hold capacity of 600 mt or less) flagged to Papua New Guinea and Philippines that meet the following conditions: i. operate in tandem with freezer carrier boat/s to freeze the catch or if operating closer to base with ice carrier boat/s to store the fish, ii. operate as one group together with their support vessels such as freezer carrier boat/s and/or ice carrier boat/s. iii. undertake transhipment when refrigerated or other ice carrier boats dock alongside catcher boats and tranship fish from the catcher boats 4 b. transhipment activities involving New Zealand flagged domestic purse-seine vessels where the fishing activity, transhipment and landing of fish all take place within New Zealand fisheries waters in accordance with New Zealand’s existing legal and operational framework for monitoring and control of transhipment activity and the verification of catch. 26. CCMs seeking to apply an exemption for a vessel(s) that meets the conditions set out in paragraph 25, shall submit a written request to the Executive Director by 1 July of a given year that includes, at a minimum, the following information: a. Details about the vessel(s) as they are required to appear on the WCPFC Record of Fishing Vessels under CMM 2004-01; b. The vessel’s history of prior transhipment exemptions, c. The main species and product forms that would be transhipped, d. The areas where transhipments would take place, to as much detail as possible, e. The period of exemption being requested, and f. An explanation for the exemption request. 27. The Executive Director shall compile all requests for transhipment exemptions and circulate them to all CCMs at least 30 days in advance of the regular annual session of the Technical and Compliance Committee (TCC). The TCC shall review the requests and make recommendations to the Commission regarding the application of the exemptions in paragraph 26. 28. Taking into account the recommendations of the TCC, the Commission, during its regular annual session, shall consider each request and may adopt exemptions in accordance with Article 29(5) of the Convention. The Commission may attach to each granted exemption any conditions or requirements that it determines necessary to achieve the objectives of the Convention, such as limitations on areas, time periods or species, the fishing vessels that may be transhipped to, and any additional requirements necessary for the purposes of monitoring, control and surveillance. 29. CCMs shall only authorize those purse seine vessels that that have received an exemption by the Commission to engage in transhipment outside of port. CCMs shall issue vessel-specific authorizations outlining any conditions or requirements identified by the Commission or CCM, and shall require that vessel operators carry such authorizations on board at all times. 30. The flag State CCM of any such authorized purse-seine vessel that is required to be on the WCPFC Record of Fishing Vessels shall notify the Executive Director that the vessel is authorized to engage in transhipment outside of port, in accordance with the Commission- granted exemption and shall indicate in such notification any limitations, conditions or requirements on its authorization. 31. The Executive Director shall maintain and make publicly available, including on the Commission’s website, the list of purse seine vessels that have been granted exemptions and are authorized to tranship outside of port, as well as any corresponding conditions or provisions attached to their exemption. 32. All purse seine vessels, including those that receive an exemption to tranship at sea under the process described in paragraphs 26 24 to 30 28 shall be prohibited from commencing 5 transhipping on the high seas in the Convention Area. SECTION 3 – TRANSHIPMENT FROM FISHING VESSELS OTHER THAN PURSE SEINE VESSELS 33. Transhipment from longline, troll and pole and line fishing vessels in national waters shall be managed in accordance with relevant domestic laws and procedures pursuant to paragraph 4. 34. There shall be no transhipment on the high seas except where a CCM has determined, in accordance with the guidelines described in paragraph 37 below, that it is impracticable for certain vessels that it is responsible for to operate without being able to tranship on the high seas, and has advised the Commission of such. 35. Where transhipment does occur on the high seas: a. the CCMs responsible for reporting against both the offloading and receiving vessels shall, as appropriate: i. advise the Commission of its procedures for monitoring and verification of the transhipments; ii. indicate vessels to which the determinations apply. iii. notify the information in Annex III to the Executive Director at least 36 hours prior to each transhipment. iv. provide the Executive Director with a WCPFC Transhipment Declaration within 15 days of completion of each transhipment; and v. Submit to the Commission a plan detailing what steps it is taking to encourage transhipment to occur in port in the future. 36. The Commission, through the TCC, shall review the application of the exemptions by relevant CCMs after a period of 3 years and every 2 years thereafter to establish whether monitoring and verification has been effective. After review, the Commission may prohibit transhipment on the high seas by any vessel or vessels in relation to which monitoring and verification of transhipment on the high seas is proven to have been ineffective, or establish or vary any conditions for transhipping on the high seas. 37. The Executive Director shall prepare draft guidelines for the determination of circumstances where it is impracticable for certain vessels to tranship in port or in waters under national jurisdiction. The Technical and Compliance Committee shall consider these guidelines, amend as necessary, and recommend them to the Commission for adoption in 2012. In the meantime, CCMs shall use the following guidelines when determining the practicability of high seas transshipments a. The prohibition of transhipment in the high seas would cause a significant economic hardship, which would be assessed in terms of the cost that would be incurred to transship or land fish at feasible and allowable locations other than on the high seas, as compared to total operating costs, net revenues, or some other meaningful measure of costs and/or revenues; and b. The vessel would have to make significant and substantial changes to its historical mode of operation as a result of the prohibition of transhipment in the high seas; 38. When adopting the Guidelines referred to in paragraph 37, the Commission shall consider 6 whether to prohibit transhipment in areas of high seas in the Convention Area entirely surrounded by the exclusive economic zones of members of the Commission and Participating Territories. This consideration will include a review of the catch and effort reported for fishing vessels in these areas, the information from Transhipment Declarations in these areas and the role of the areas in supporting IUU activities. ANNEX I INFORMATION TO BE INCLUDED IN WCPFC TRANSHIPMENT DECLARATION 1. A unique document identifier 2. the name of the fishing vessel and its WIN, 3. the name of the carrier vessel and its WIN 4. the fishing gear used to take the fish 5. the quantity of product2 (including species and its processed state3) to be transhipped 6. the state of fish (fresh or frozen) 7. the quantity of by-product4 to be transhipped, 8. the geographic location5 of the highly migratory fish stock catches 9. the date and location6 of the transhipment 10. If applicable, the name and signature of the WCPFC observer 11. The quantity of product already on board the receiving vessel and the geographic origin7 of that product. Tuna and tuna-like species Whole; gutted and headed; gutted, headed and tailed; gutted only, not gilled; gilled and gutted; gilled, gutted and tailed; shark fins. Non tuna and tuna-like species Geographic location of catch means sufficient information to identify what proportion of the catch was taken in the following areas: 2 3 4 5 High seas, outside the WCPFC Convention Area, EEZs (listed separately). Location of catches not required for receiving vessel. 6 Location of transhipment is to be in decimal Latitude and Longitude to the nearest 0.1 degrees and accompanied by a description of the location, such as high seas, outside the convention area or within a named EEZ. 7 The origin of product shall be reported by RFMO area and will include the quantity of product from each different area. 7 ANNEX II TRANSHIPMENT INFORMATION TO BE REPORTED ANNUALLY BY CCMs Each CCM shall include in Part 1 of its Annual Report to the Commission: (1) the total quantities, by weight, of highly migratory fish stocks covered by this measure that were transhipped by fishing vessels the CCM is responsible for reporting against, with those quantities broken down by: a. offloaded and received; b. transhipped in port, transhipped at sea in areas of national jurisdiction, and transhipped beyond areas of national jurisdiction; c. transhipped inside the Convention Area and transhippedoutside the Convention Area; d. caught inside the Convention Area and caught outside the Convention Area; e. species; f. product form; and g. fishing gear used (2) the number of transhipments involving highly migratory fish stocks covered by this measure by fishing vessels that is responsible for reporting against, broken down by: a. offloaded and received; b. transhipped in port, transhipped at sea in areas of national jurisdiction, and transhipped beyond areas of national jurisdiction; c. transhipped inside the Convention Area and transhipped outside the Convention Area; d. caught inside the Convention Area and caught outside the Convention Area; and e. fishing gear. ANNEX III INFORMATION TO BE INCLUDED IN NOTICES TO THE EXECUTIVE DIRECTOR 1. the name and WCPFC Identification Number (WIN) of the offloading vessel, 2. the name and WIN of the receiving vessel, 3. the product (including species and its processed state) to be transhipped, 4. the tonnage by product to be transhipped, 5. the date and estimated or proposed location8 of transhipment (latitude and longitude to a tenth of a degree with a margin of error of 24 nautical miles), and 6. the geographic location of the highly migratory fish stock catches9 10 8 Location of transhipment is to be in decimal Latitude and Longitude to the nearest 0.1 degrees with a margin of error of 24 nautical miles and accompanied by a description of the location, such as high seas, outside the convention area or within a named EEZ. Notice can be updated if location changes. 9 Not required for receiving vessels 10 Geographic location of catch means sufficient information to identify what proportion of the catch was taken in the following areas: High seas, outside the WCPFC Convention Area, EEZs (listed separately). Location of catches not required for receiving vessel. 8 2009 1
WCPFC-CMM-2009-08 WCPFC Binding MCS Superseded DRAFT FOR CONSIDERATION BY FFA MEMBERS SIXTH REGULAR SESSION Papeete, Tahiti, French Polynesia 7-11 December 2009 CHARTER NOTIFICATION SCHEME Conservation and Management Measure 2009-08 The Western and Central Pacific Fisheries Commission (WCPFC) ACKNOWLEDGING the important contribution of chartered vessels to sustainable fisheries development in the Western & Central Pacific Ocean; CONCERNED with ensuring that charter arrangements do not promote IUU fishing activities or undermine conservation and management measures; REALIZING that there is a need for the WCPFC to establish procedures for charter arrangements; Adopts, in accordance with Article 10 of the WCPF Convention that: 1. The provisions of this measure shall apply to Commission Members and Participating Territories that charter, lease or enter into other mechanisms with vessels eligible under Para.4 flagged to a another State or Fishing Entity for the purpose of conducting fishing operations in the Convention Area as an integral part of the domestic fleet of that chartering Member or Participating Territory. 2. Each chartering Member or Participating Territory shall notify the Commission of any vessel to be identified as chartered in accordance with this measure by submitting electronically where possible to the Executive Director by 1 July 2010 the following information with respect to each chartered vessel: a) name of the fishing vessel; b) WCPFC Identification Number (WIN); c) name and address of owner(s); d) name and address of the charterer; e) the duration of the charter arrangement; and f) the flag state of the vessel. Upon receipt of the information the Executive Director will immediately notify the flag State. 3. After 1 July 2010, each chartering Member or Participating Territory shall notify the Executive Director as well as the flag State, within 15 days, or in any case within 72 hours before commencement of fishing activities under a charter arrangement of: a) any additional chartered vessels along with the information set forth in paragraph 2; b) any change in the information referred to in paragraph 2 with respect to any chartered vessel; and c) termination of the charter of any vessel previously notified under paragraph 2. 4. Only vessels listed on the WCPFC Record of Fishing Vessels or the WCPFC Interim Register of Non-CCM Carriers and Bunkers, and not on the WCPFC IUU vessel list, or IUU List of another RFMO, are eligible for charter. 5. The Executive Director shall make the information required in paragraph 2 and 3 available to all CCMs. 6. Each year the Executive Director shall present a summary of all notified chartered vessels to the Commission for review. If necessary, the Commission may review and revise this measure. 7. The Commission will continue to work on the development of a broader framework for the management and control of chartered vessels. In particular, this work shall cover the issues of attribution of catch and effort by chartered vessels and the relationship between the flag State and the chartering Member or Participating Territory on control of, and responsibilities towards, the chartered vessels. 8. This Measure shall expire on 31 December 2011 unless renewed by the Commssion. 2 2009 1
WCPFC-CMM-2009-09 WCPFC Binding MCS In force Vessels without nationality, or stateless vessels, too often fall between the cracks of domestic and international regulatory schemes SIXTH REGULAR SESSION Papeete, Tahiti, French Polynesia 7-11 December 2009 CONSERVATION AND MANAGEMENT MEASURE FOR VESSELS WITHOUT NATIONALITY Conservation and Management Measure 2009-09 The Western and Central Pacific Fisheries Commission: Recognizing that fishing vessels without nationality operate without governance and oversight; Concerned that the operations of fishing vessels without nationality undermine the objectives of the Convention and the work of the Commission; Recalling that the FAO Council adopted an International Plan of Action to prevent, deter and eliminate Illegal Unregulated and Unreported fishing and recommended that States take measures consistent with international law in relation to fishing vessels without nationality involved in IUU fishing on the high seas; Determined to continue to deter all facets of IUU fishing activities in the Convention Area; Adopts the following conservation and management measure in accordance with Article 10 of the Convention: 1. Declare that fishing vessels determined to be vessels without nationality under the relevant provisions of international law that are used to fish on the high seas of the Convention Area are presumed to be operating in contravention of the Convention and the conservation and management measures adopted thereunder. 2. Further declare that any fishing activities by a fishing vessel without nationality on the high seas of the Convention Area shall be deemed to undermine the Convention and Commission conservation and management measures and shall constitute a serious violation in accordance with Article 25 of the Convention. 3. For the purpose of this measure, vessels without nationality means vessels not flying the flag of any state or vessels flying the flag of two or more states in accordance with Article 92 of UNCLOS. 4. Encourages CCMs to take all necessary measures, including enacting domestic legislation if appropriate, to prevent vessels without nationality from undermining conservation and management measures adopted by the Commission. 5. Any sightings of fishing vessels that appear to be without nationality that may be fishing in the high seas of the Convention Area for species covered by the WCPF Convention shall be reported to the Secretariat as soon as possible by the appropriate authorities of the CCM whose vessel or aircraft made the sighting. 2 2009 1
WCPFC-CMM-2009-11 WCPFC Binding Misc In force 2009 1
WCPFC-CMM-2010-02 WCPFC Binding MCS In force SEVENTH REGULAR SESSION SEVENTH REGULAR SESSION Honolulu, Hawaii, USA 6-10 December 2010 CONSERVATION AND MANAGEMENT MEASURE FOR THE EASTERN HIGH-SEAS POCKET SPECIAL MANAGEMENT AREA Conservation and Management Measure 2010-02 The Western and Central Pacific Fisheries Commission (WCPFC): Recalling that the objective of the Convention on the Conservation and Management of Highly Migratory Fish Stocks in the Western and Central Pacific Ocean (the Convention) is to ensure through effective management, the long-term conservation and sustainable use of the highly migratory fish stocks of the Western and Central Pacific Ocean in accordance with the 1982 Convention and the Agreement; Concerned that IUU fishing activities in the Convention area undermine the effectiveness of the conservation measures adopted by the WCPFC. Conscious of the need to address, as a matter of priority, the issue of vessels conducting IUU fishing activities from the Eastern High Seas Pocket (the ‘E-HSP’); Determined to address the challenge of an increase in IUU fishing activities by way of counter-measures to be applied in respect to vessels in the E-HSP, without prejudice to further measures adopted in respect of CCMs and non-CCMs under the relevant WCPFC instruments; Recognising Article 8(1) of the Convention requiring compatibility of conservation and management measures established for the high seas and those adopted for areas under national jurisdiction; Recalling Article 8 (4) of the Convention which requires the Commission to pay special attention to the high seas in the Convention Area that are surrounded by exclusive economic zones (EEZs); Noting that Article 30(1) of the Convention requires the Commission to give full recognition to the special requirements of developing States that are Parties to the Convention, in particular small island developing States and territories and possessions, in relation to the conservation and management of highly migratory fish stocks in the Convention Area and development of fisheries on such stocks; Noting further that Article 30(2)(c) of the Convention requires the Commission to ensure that conservation and management measures do not result in transferring, directly or indirectly, a disproportionate burden of conservation action onto developing States Parties, and territories and possessions; Adopts, in accordance with Article 10 of the Convention, the following Measure shall be implemented from 1 July 2011, with respect to the Eastern High Seas pocket (E-HSP). AREA OF APPLICATION 1. The E-HSP is the area of high seas bounded by the Exclusive Economic Zones of the Cook Islands to the west, French Polynesia to the east and Kiribati to the north. For the purposes of this measure, the precise co-ordinates (geodetic information) shall be that used by the WCPFC vessel monitoring system (VMS). A map showing the E-HSP is attached (attachment A). REPORTING 2. Flag States shall require their vessels to submit reports, directly, or through such organisations designated by the flag state to the Commission at least 6 hours prior to entry and no later than 6 hours prior to exiting the E-HSP. Such reports shall also contain estimated catch (kilograms) on board. This information shall immediately be transmitted by the Commission Secretariat to the adjacent coastal states/territories, and shall be considered non-public domain data. The report shall be in the following format: VID/Entry/Exit: Date/Time1; Lat/Long1; YFT/BET/ALB/SKJ/SWO/SHK/OTH/TOT(kgs) /TRANSHIPMENT (Y/N) 3. CCMs shall encourage their flagged vessels operating in the E-HSP to report sightings of any fishing vessel to the Commission Secretariat. Such information should include: date, time, position, bearing, markings, speed, and vessel type. Vessels should ensure this information is transmitted to the Secretariat as soon as practicable, but not later than 30 days after the trip completion. VMS 4. Adjacent coastal states/territories shall receive continuous near real-time VMS data pursuant to paragraph 22 of the Commission’s Rules and Procedures for the Protection, Access to, and Dissemination of High Seas Non-Public Domain Data and Information Compiled by the Commission for the Purpose of Monitoring, Control or Surveillance (MCS) Activities and the Access to and Dissemination of High Seas VMS Data for Scientific Purposes; and through a standing request under paragraph 5 of these Rules and Procedures VESSEL LIST 5. The Commission Secretariat shall maintain a ‘live list’ of all fishing vessels present in the E- HSP, based on near-real time VMS information. This list will be made available to Commission Members through the WCPFC website. TRANSHIPMENT 6. Any transhipment activities undertaken in the E-HSP shall be in accordance with applicable CMMs. Vessels intending to tranship (either unloading or receiving) in the E-HSP shall indicate this to the Commission, in the reporting format as described in paragraph 2 of this measure. COMPLIANCE 7. Vessels found to be non-compliant with this measure shall be dealt with in accordance with CMM 2010-06, and any other applicable measures adopted by the Commission. REVIEW OF MEASURE 8. The measures described above shall be reviewed every two years, in conjunction with the relevant advice from the Technical and Compliance Committee (TCC). This review shall consider, inter alia, whether the measure is having the intended effect and the extent to which all CCMs and fishing sectors are contributing to achieving the Commission’s conservation objectives. 1 Of anticipated point of entry or exit. 9. The Commission shall consider, at its 8th Regular Session, the expansion of the Special Management Area to the high seas within 100 miles from the EEZ boundaries of coastal states. 10. This measure shall remain in place until such time as the Commission adopts an alternative measure for the E-HSP. Attachment A: Eastern High Seas Pocket High Seas High Seas KIRIBATI Eastern High Seas Pocket E-HSP COOK ISLANDS FRENCH POLYNESIA High Seas 2010 1
WCPFC-CMM-2010-03 WCPFC Binding MCS In force SEVENTH REGULAR SESSION Honolulu, Hawaii, USA 6-10 December 2010 CONSERVATION AND MANAGEMENT MEASURE FOR COMPLIANCE MONITORING SCHEME Conservation and Management Measure 2010-03 The Commission for the Conservation and Management of Highly Migratory Fish Stocks in the Western and Central Pacific Ocean (the Commission) In accordance with the Convention on the Conservation and of Highly Migratory Fish Stocks in the Western and Central Pacific Ocean (the Convention): Recalling that the Commission has adopted a wide range of conservation and management measures to give effect to the objective of the Convention, Noting that, in accordance with Article 25 of the Convention, Members of the Commission have undertaken to enforce the provisions of the Convention and any conservation and management measures issued by the Commission, Noting also that, in accordance with international law, Members and Co-operating Non-Members of the Commission and Participating Territories have responsibilities to exercise effective control over their flagged vessels and with respect to their nationals, Noting further that Article 23 of the Convention obliges Members of the Commission, to the greatest extent possible, to take measures to ensure that their nationals, and fishing vessels owned or controlled by their nationals, comply with the provisions of this Convention, and that Article 24 of the Convention obliges Members of the Commission to take the necessary measures to ensure that fishing vessels flying their flag, comply with the provisions of the Convention and the conservation and management measures adopted pursuant thereto, as well as the obligations of chartering States with respect to chartered vessels operating as an integral part of their domestic fleets, Noting that, in a responsible, open, transparent and non-discriminatory manner, the Commission should be made aware of any and all available information that may be relevant to the work of the Commission in identifying and holding accountable instances of non-compliance with management measures, Recalling the recommendation of the second joint meeting of the tuna Regional Fisheries Management Organizations (RFMOs) that all RFMOs should introduce a robust compliance review mechanism by which the compliance record of each Party is examined in depth on a yearly basis, Recognizing the need to provide such technical assistance and capacity building to developing State Members and Co-operating Non-Members, particularly small island developing State Members and Participating Territories, as may be needed to assist them to meet their obligations and responsibilities, and Recognizing further the responsibility of Members, Co-operating Non-Members and Participating Territories to fully and effectively implement the provisions of the Convention and the conservation and management measures adopted by the Commission, and the need to improve such implementation and ensure compliance with these commitments, 1 Adopts the following conservation and management measure in accordance with Article 10 of the Convention, establishing the WCPFC Compliance Monitoring Scheme: Section I - Purpose 1. The purpose of the WCPFC Compliance Monitoring Scheme (the Scheme) is to ensure that Members, Cooperating Non-Members and, where appropriate, Participating Territories (CCMs) implement and comply with obligations arising under the Convention and conservation and management measures (CMMs) adopted by the Commission. The Scheme is designed to: (i) assess CCMs’ compliance with their obligations; (ii) identify areas in which technical assistance or capacity building may be needed to assist CCMs to attain compliance; (iii) identify aspects of conservation and management measures which may require refinement or amendment for effective implementation; (iv) respond to non-compliance through remedial options that include a range of possible responses that take account of the reason for and degree of non-compliance, and include cooperative capacity-building initiatives and, in case of serious non-compliance, such penalties and other actions as may be necessary and appropriate to promote compliance with CMMs;1 and (v) monitor and resolve outstanding instances of non-compliance. Section II - Scope and application 2. The Commission will evaluate CCMs’ compliance with the obligations arising under the Convention and the CMMs adopted by the Commission and identify instances of non-compliance. 3. Each year the Commission will evaluate compliance with the obligations in the Convention and CMMs adopted by the Commission with respect to: (i) catch and effort limits; (ii) catch and effort reporting; (iii) spatial and temporal closures, and gear restrictions; (iv) observer and VMS requirements; and (v) scientific data provision, reporting and handling. 4. The Commission may identify additional obligations that will be considered annually or in another specified time period, taking into account: (i) the needs and priorities of the Commission, including those of its subsidiary bodies; (ii) the need to assess and address consistent non-compliance; and (iii) the potential risks posed by non-compliance with particular obligations. 5. Through the Scheme, the Commission shall also consider and address: (i) compliance by CCMs with recommendations adopted pursuant to the Scheme the previous year, and 1 In accordance with the process for identifying responses to non-compliance adopted by the Commission to complement the Scheme, as provided for in paragraph 23 of this measure. 2 (ii) responses by CCMs to alleged violations reported under Article 23(5) or 25(2) of the Convention. 6. The preparation, distribution and discussion of compliance information pursuant to the Scheme shall be in accordance with all relevant rules and procedures relating to the protection and dissemination of, and access to, public and non-public domain data and information compiled by the Commission. 7. The Scheme shall not prejudice the rights, jurisdiction and duties of any CCM to enforce its national laws or to take more stringent measures in accordance with its national laws, consistent with that CCM’s international obligations. 8. The Commission will engage with and cooperate with developing State CCMs, particularly small island developing State Members and Participating Territories, in order to provide appropriately targeted assistance to improve implementation of, and compliance with, obligations arising under the Convention and CMMs adopted by the Commission, including through consideration of the options for capacity building and technical assistance. Section III - Draft Compliance Monitoring Report 9. Prior to the annual meeting of the TCC, the Executive Director shall compile information received through Part 1 and 2 Annual Reports, other reporting obligations, the transshipment program, the regional observer program, the Vessel Monitoring System and any other data collection programs of the Commission and, where appropriate, any suitably documented information provided by non- government organisations and shall prepare a Draft Compliance Monitoring Report (the Draft Report) containing sections with respect to each CCM. 10. The Executive Director shall transmit the relevant section of the Draft Report to each CCM 5 days after the receipt of the CCM’s Part 2 Annual Report or at least 25 days in advance of the annual TCC meeting, whichever is earlier.2 11. Upon receipt of the relevant section of the Draft Report, each CCM may reply to the Executive Director, if possible at least 12 days in advance of TCC, in order to (where appropriate): (i) provide additional information, clarifications, amendments or corrections necessary to resolve the potential compliance issues identified in the Draft Report or respond to any other information; (ii) identify any particular causes of the potential compliance issues or difficulties with respect to implementation of the obligation in question, or circumstances which may mitigate the potential compliance issues; or (iii) in the case of developing CCMs, particularly small island developing State Members and Participating Territories, identify technical assistance or capacity building needed to assist the CCM to address potential compliance issues. 12. At least 7 days in advance of TCC, the Executive Director will compile and circulate to all CCMs the full Draft Report, including all information provided under paragraph 11 of this measure. 13. The TCC shall review the Draft Report, focusing on any potential compliance issues identified with respect to each CCM, and in particular will consider any information provided by CCMs in accordance with paragraph 11 of this measure. CCMs may provide additional information to TCC with respect to the issues identified. Section IV – Provisional Compliance Monitoring Report 2 The timeframes identified in paragraphs 10, 11 and 12 of this measure will be taken into account by TCC in its consideration of the Draft Report and development of the Provisional Report in 2011. TCC may make recommendations in the 2011 Provisional Report regarding the appropriateness of these timeframes. 3 14. Taking into account any additional information provided by CCMs, and, where appropriate, non-government organisations the TCC shall develop a Provisional Compliance Monitoring Report (the Provisional Report) that will include a provisional assessment of each CCM’s Compliance Status and recommendations for any corrective action needed, based on potential compliance issues identified in respect of that CCM and using the criteria and considerations for assessing Compliance Status set out in Annex I of this measure. 15. The Provisional Report will also include recommendations or observations from TCC regarding: (i) recommendations for amendments or improvements to existing CMMs to address implementation or compliance difficulties experienced by CCMs, and (ii) additional priority obligations that should be reviewed under the Scheme pursuant to paragraph 4 of this measure. 16. The Provisional Report shall be forwarded to the Commission for consideration at the annual meeting. Section V - Compliance Monitoring Report 17. At each annual Commission meeting, the Commission shall consider the Provisional Report recommended by the TCC. 18. Prior to or during the Commission meeting, CCMs may provide the Commission with additional advice or information relating to the Provisional Report, including any steps taken to address identified compliance issues. 19. Taking into account any additional information provided by CCMs, the Commission shall adopt a Compliance Monitoring Report that includes a Compliance Status for each CCM and recommendations for any corrective action needed, based on non-compliance identified with respect to that CCM. 20. The Commission shall also consider any recommendations or observations made by the TCC pursuant to paragraph 15 of this measure. 21. Each CCM shall include, in its Part 2 Annual Report, any actions it has taken to address its non-compliance in the previous year. Section VI – Responses to Non Compliance 22. The Commission shall take a graduated response to non-compliance, taking into account the type, severity, degree and cause of the non-compliance in question. 23. The Commission, at its Annual Meeting in 2011, will develop and consider adopting a process to complement the Scheme that will identify a range of responses to non-compliance that can be applied by the Commission through the implementation of the Scheme, including cooperative capacity-building initiatives and, as appropriate, such penalties and other actions as may be necessary to promote compliance with Commission CMMs. 24. Once the Commission adopts a process identifying a range of responses to non-compliance, the TCC will include a recommendation on the response to non-compliance in its Provisional Compliance Monitoring Report for consideration by the Commission. The Commission will identify a response to non-compliance in its Compliance Monitoring Report. Application and review 25. This measure shall apply for 2011 only. 26. At its meeting in 2011, the Commission will review the operation of the measure during this trial period and, based on this review, consider and decide on a measure that will apply after 2011. 4 27. This measure will be reviewed and revised, as needed, by the Commission to ensure its effectiveness. 5 Annex I Criteria for assessing Compliance Status No compliance issues identified with respect to the relevant obligations. Non-compliance may be due to: (i) insufficient, unclear or incorrect data or information (ii) actions or omissions which constitute a minor violation of relevant obligations (iii) ambiguity or misunderstanding of relevant obligations. Non-compliance may be due to: (i) actions or omissions that constitute a serious violation (ii) non-compliance that has undermined the effectiveness of the Convention or conservation and management measures adopted by the Commission, or (iii) failure to comply with previous Compliance Monitoring Report recommendations after sufficient time and assistance has been provided. Non-compliance may be due to: (i) actions or omissions that constitute a repeated serious violation (ii) repeated non-compliance that has undermined the effectiveness of the Convention or conservation and management measures adopted by the Commission, or (iii) repeated failure to comply with previous Compliance Action Plans after sufficient time and assistance have been provided. 6 Compliance Status Table Compliance Status Compliant Compliance Review The purpose of a Compliance Review is to identify non-compliance of a technical or minor nature, or which requires the provision of further information, in order to identify implementation gaps and improve compliance. Compliance Action Plan The purpose of a Compliance Action Plan is to assist CCMs to actively take steps to respond to and rectify non-compliance, remove obstacles to non-compliance, or improve implementation of relevant obligations, including through the provision of technical assistance or capacity building, as appropriate. Compliance Remedy The purpose of a Compliance Remedy is to address instances of serious or persistent non-compliance which have not been resolved even after sufficient time and assistance have been provided through a Compliance Action Plan. 2010 1
WCPFC-CMM-2010-05 WCPFC Binding Tuna species In force SEVENTH REGULAR SESSION Honolulu, Hawaii, USA 6-10 December 2010 CONSERVATION AND MANAGEMENT MEASURE FOR SOUTH PACIFIC ALBACORE Conservation and Management Measure 2010-051 The Commission for the Conservation and Management of Highly Migratory Fish Stocks in the Western and Central Pacific Ocean In accordance with the Convention on the Conservation and Management of Highly Migratory Fish Stocks in the Western and Central Pacific Ocean: Recalling that the Scientific Committee notes that there are critical biological uncertainties for South Pacific albacore; Noting that while current catch levels from the South Pacific albacore stock appear to be sustainable, given the age-specific mortality of the longline fleets, any significant increase in effort would reduce CPUE to low levels with only moderate increases in yields. CPUE reductions may be more severe in areas of locally concentrated fishing effort. Further noting that while future increases in albacore catch are likely to be sustainable, estimates of MSY are highly uncertain because of the extrapolation of catch and effort well beyond any historical levels. Projections demonstrated that longline exploitable biomass, and hence CPUE, would fall sharply if catch and effort were increased to MSY levels. Therefore, the economic consequences of any such increases should be carefully assessed beforehand. Adopts, in accordance with the Article 10 of the WCPFC Convention that: 1. Commission Members, Cooperating Non-Members, and participating Territories (CCMs) shall not increase the number of their fishing vessels actively fishing for South Pacific albacore in the Convention Area south of 20°S above current (2005) levels or recent historical (2000-2004) levels. 2. The provisions of paragraph 1 shall not prejudice the legitimate rights and obligations under international law of small island developing State and Territory CCMs in the Convention Area for whom South Pacific albacore is an important component of the domestic tuna fishery in waters under their national jurisdiction, and who may wish to pursue a responsible level of development of their fisheries for South Pacific albacore. 1 By adoption of this CMM (CMM 2010-05) the Commission rescinds CMM 2005-02 which has been revised and replaced. 3. CCMs that actively fish for South Pacific albacore in the Convention Area south of the equator shall cooperate to ensure the long-term sustainability and economic viability of the fishery for South Pacific albacore, including cooperation and collaboration on research to reduce uncertainty with regard to the status of this stock. 4. CCMs shall report annually to the Commission the catch levels of their fishing vessels that have taken South Pacific Albacore as a bycatch as well as the number and catch levels of vessels actively fishing for South Pacific albacore in the Convention area south of 20°S. Initially this information will be provided for the period 2006-2010 and then updated annually. 5. This measure will be reviewed annually on the basis of advice from the Scientific Committee on South Pacific albacore. 2010 1
WCPFC-CMM-2010-06 WCPFC Binding MCS In force SECOND REGULAR SESSION OF THE TECHNICAL AND COMPLIANCE COMMITTEE OF THE SEVENTH REGULAR SESSION Honolulu, Hawaii, USA 6-10 December 2010 CONSERVATION AND MANAGEMENT MEASURE TO ESTABLISH A LIST OF VESSELS PRESUMED TO HAVE CARRIED OUT ILLEGAL, UNREPORTED AND UNREGULATED FISHING ACTIVITIES IN THE WCPO Conservation and Management Measure 2010-061 The Western and Central Pacific Fisheries Commission (WCPFC): Recalling that the FAO Council adopted on 23 June 2001 an International Plan of Action to prevent, deter and eliminate illegal, unreported and unregulated fishing (IPOA-IUU). This plan stipulates that the identification of the vessels carrying out illegal, unreported and unregulated (IUU) fishing activities should follow agreed procedures and be applied in an equitable, transparent and non-discriminatory way. Concerned that IUU fishing activities in the Convention Area undermine the effectiveness of the conservation measures adopted by the WCPFC. Further concerned that there is a possibility that vessel owners engaged in such fishing activities may have re-flagged their vessels to avoid compliance with WCPFC measures. Determined to address the challenge of an increase in IUU fishing activities by way of measures to be applied in respect to vessels, without prejudice to further measures adopted in respect of CCMs and non CCMs under the relevant WCPFC instruments. Considering the action undertaken in other regional tuna fisheries organizations to address this issue; Conscious of the need to address, as a matter of priority, the issue of vessels conducting IUU fishing activities; Noting that efforts to prevent, deter and eliminate IUU fishing must be addressed in the light of all relevant international fisheries instruments and in accordance with other international obligations, including the rights and obligations established under the World Trade Organization (WTO) Agreement; and Recalling Articles 23 and 25 of the WCPF Convention regarding the obligations of members of the Commission and provisions for compliance and enforcement; Adopts the following conservation and management measures in accordance with Article 10 of the Convention: 1 By adoption of this CMM 2010-06, which reflected Attachment T and U of the WCPFC7 Summary Report, the Commission rescinds CMM 2007-03 which has been revised and replaced. 1 Identification of IUU activities 1. At each annual meeting, the Commission will identify those vessels which have engaged in fishing activities for species covered by the Convention within the Convention Area in a manner which has undermined the effectiveness of the WCPF Convention and the WCPFC measures in force, and shall establish, and, as necessary, amend in subsequent years, a list of such vessels (the IUU Vessel List), in accordance with the procedures and criteria set out in this conservation measure. 2. This identification shall be suitably documented, inter alia, on reports from Members, Cooperating Non-Members and Participating Territories (collectively CCMs) relating to WCPFC Conservation measures in force, trade information obtained on the basis of relevant trade statistics such as Food and Agriculture Organization of the United Nations (FAO) data, statistical documents and other national or international verifiable statistics, as well as any other information obtained from port States and/or gathered from the fishing grounds that is suitably documented. Information from CCMs should be provided in the format approved by the Commission. 3. For the purposes of this conservation measure, vessels fishing for species covered by the WCPFC Convention are presumed to have carried out IUU fishing activities, as described in the IPOA on IUU fishing, in the Convention Area when a CCM presents suitably documented information that such vessels, inter alia: a. Harvest species covered by the WCPFC Convention in the Convention Area and are neither on the WCPFC record of authorized vessels nor a fishing vessel fishing exclusively in waters under the jurisdiction of its flag State, or b. Conduct fishing activities in waters under the jurisdiction of a coastal State, without permission of that State, or in contravention of its law and regulations, or c. Do not record or report their catches made in the Convention Area consistent with WCPFC measures, or make false reports, or d. Take and land undersized fish in a way that undermines WCPFC conservation measures, or e. Fish in a closed area or during a closed season in a way that undermines WCPFC conservation measures, or f. Use prohibited fishing gear in a way that undermines WCPFC conservation measures, or g. Tranship with, participate in joint fishing operations with, support or re-supply vessels included in the IUU Vessel List, or h. Are without nationality and harvest species covered by the WCPFC Convention in the Convention Area, or i. Engage in any other fishing activities that undermine the provisions of the WCPF Convention or any other WCPFC conservation measures, or j. Are under the control of the owner of any vessel on the WCPFC IUU Vessel List. (Procedures for applying this paragraph are attached as Annex A) Information on alleged IUU fishing activities 2 4. At least 70 days before the annual meeting of the Technical and Compliance Committee (TCC), CCMs shall transmit to the Executive Director their list of vessels presumed to be carrying out IUU activities in the Convention Area during the current or the previous year, accompanied by suitably documented information, as provided in para 2, concerning the presumption of this IUU activity. 5. Before or at the same time as transmitting a list of presumed IUU vessels to the Executive Director, the CCM shall notify, either directly or through the Executive Director, the relevant flag State of a vessel’s inclusion on this list and provide a copy of the pertinent suitably documented information. The flag State shall promptly acknowledge receipt of the notification. If no acknowledgement is received within 10 days of the date of transmittal, the CCM shall retransmit the notification through an alternative means of communication. Draft IUU Vessel List 6. The Executive Director shall draw up a draft IUU Vessel List incorporating the lists of vessels and suitably documented information received pursuant to para 4, and any other suitably documented information at his disposal, and shall transmit it, together with all the supporting information provided, to all CCMs, as well as to non-CCMs with vessels on the list, at least 55 days before the TCC’s annual meeting. 7. The Executive Director shall request each CCM and non-CCM with vessels on the draft IUU Vessel List to notify the owner of the vessels of their inclusion in that list, and of the consequences of their inclusion being confirmed in the IUU Vessel List. 8. Upon receipt of the draft IUU Vessel List, CCMs shall closely monitor the vessels included in that list in order to follow their activities and possible changes of name, flag or registered owner. 9. As appropriate, CCMs and non-CCMs with vessels on the list should transmit, at least 10 days before the TCC’s annual meeting, their comments to the Executive Director, including suitably documented information, showing that the vessels have fished in a manner consistent with WCPFC conservation measures or the laws and regulations of a State when fishing in waters under the jurisdiction of that State, or have fished exclusively for species not covered by the WCPFC Convention. 10. The Executive Director shall re-circulate the draft IUU Vessel List, 7 days in advance of the TCC’s annual meeting, to the CCMs and the non-CCMs concerned, together with all the suitably documented information provided pursuant to paras 4 and 9 above. 11. CCMs and non-CCMs may at any time submit to the Executive Director any additional suitably documented information regarding any vessels on the draft IUU Vessel List. The Executive Director shall circulate this additional information to all CCMs and to the non-CCMs concerned immediately upon receipt of such information. Provisional and current IUU Vessel List 12. The WCPFC’s IUU Vessel List adopted during the previous year, as well as any new suitably documented information regarding this list, including intersessional amendments, shall be transmitted to CCMs and the non-CCMs concerned in conjunction with the draft IUU Vessel List and materials outlined in para 6. 3 13. CCMs and non-CCMs with vessels on the current WCPFC IUU Vessel List should transmit at least 30 days before the annual meeting of the TCC, but may submit at any time, to the Executive Director suitably documented information regarding any of the vessels on the current WCPFC IUU Vessel List, including, where appropriate, suitably documented information as provided for in paragraph 25. The Executive Director shall re-circulate the current WCPFC IUU Vessel List two weeks in advance of the annual meeting of the TCC to the CCMs and non-CCMs concerned, together with all the information provided pursuant to paragraph 12 and this paragraph. 14. At its annual meeting, the TCC shall: (i) following consideration of the draft IUU Vessel List and the suitably documented information circulated under paras 6, 10 and 11, adopt a Provisional IUU Vessel List; and (ii) following consideration of the current WCPFC IUU Vessel List and the suitably documented information circulated under paras 12 and 13, recommend to the Commission which, if any, vessels should be removed from the current WCPFC IUU Vessel List. 15. The TCC shall not include a vessel on the Provisional IUU Vessel List if the vessel’s flag State demonstrates that: a. The vessel fished in a manner consistent with WCPFC Conservation Measures or the laws and regulations of a State when fishing in waters under the jurisdiction of that State, or have fished exclusively for species not covered by the WCPFC Convention, or b. Effective action has been taken in response to the IUU fishing activities in question, such as, inter alia, prosecution or the imposition of sanctions of adequate severity; or c. That the case regarding the vessel or vessels that conducted IUU fishing activities has been settled to the satisfaction of the CCM that originally submitted the vessel for listing and the flag State involved. 16. The TCC shall not include a vessel on the Provisional IUU Vessel List if the notifying CCM did not follow the provisions of para 5. 17. The TCC shall recommend removal of a vessel from the current WCPFC IUU Vessel List only if the vessel’s flag State submits to the Executive Director the information provided in para 25 of this measure. 18. Following the examination referred to in para 14, the TCC shall submit the Provisional IUU Vessel List to the Commission for its consideration, and as appropriate, recommend any proposed changes to the current WCPFC IUU Vessel List. 19. The draft IUU Vessel List, Provisional IUU Vessel List, and the WCPFC IUU Vessel List shall contain the following details for each vessel: (i) name and previous names, if any; (ii) flag and previous flags, if any; (iii) owner and previous owners, including beneficial owners, if any; 4 (iv) operator and previous operators, if any; (v) call sign and previous call signs, if any; (vi) Lloyds/IMO number; (vii) photographs, where available; (viii) date first included on the IUU Vessel List; and (ix) summary of activities which justify inclusion of the vessel on the list, together with references to all relevant documents informing of and evidencing those activities. WCPFC IUU Vessel List 20. At its annual meeting the Commission shall review the Provisional IUU Vessel List, taking into account any new suitably documented information related to vessels on the Provisional IUU Vessel List, and any recommendations to amend the current WCPFC IUU Vessel List made pursuant to paragraph 18 above, and adopt a new WCPFC IUU Vessel List. To the maximum extent possible CCMs and non CCMs shall provide any new suitably documented information at least two weeks before the annual meeting of the Commission. 21. Upon adopting the new WCPFC IUU Vessel List, the Commission shall request CCMs and non- CCMs with vessels on the WCPFC IUU Vessel List to: a. notify the owner of the vessels of its inclusion on the WCPFC IUU Vessel List and the consequences that result from being included in the list, and b. take all the necessary measures to eliminate these IUU fishing activities, including, if necessary, the withdrawal of the registration or the fishing licenses of these vessels, and to inform the Commission of the measures taken in this respect. 22. CCMs shall take all necessary non-discriminatory measures under their applicable legislation, international law and each CCMs’ international obligations, and pursuant to paras 56 and 66 of the IPOA- IUU to: a. ensure that fishing vessels, support vessels, mother ships or cargo vessels flying their flag do not participate in any transshipment or joint fishing operations with, support or re-supply vessels on the WCPFC IUU Vessel List; b. ensure that vessels on the WCPFC IUU Vessel List that enter ports voluntarily are not authorized to land, tranship, refuel or re-supply therein but are inspected upon entry; c. prohibit the chartering of a vessel on the WCPFC IUU Vessel List; d. refuse to grant their flag to vessels on the WCPFC IUU Vessel List in accordance with para 1f, Section A, in Conservation and Management Measure 2009-01; e. prohibit commercial transactions, imports, landings and/or transshipment of species covered by the WCPFC Convention from vessels on the WCPFC IUU Vessel List; 5 f. encourage traders, importers, transporters and others involved, to refrain from transactions in, and transshipment of, species covered by the WCPFC Convention caught by vessels on the WCPFC IUU Vessel List; g. collect, and exchange with other CCMs, any appropriate information with the aim of searching for, controlling and preventing false import/export certificates for species covered by the WCPFC Convention from vessels on the WCPFC IUU Vessel List. 23. The Executive Director shall take any measure necessary to ensure publicity of the WCPFC IUU Vessel List, in a manner consistent with any applicable confidentiality requirements, including placing it on the WCPFC website. Furthermore, the Executive Director shall transmit the WCPFC IUU Vessel List to the FAO and to other regional fisheries organizations for the purposes of enhancing cooperation between the WCPFC and these organizations aimed at preventing, deterring and eliminating IUU fishing. 24. Without prejudice to the rights of CCMs and coastal states to take proper action, consistent with international law, including applicable WTO obligations, the CCMs shall not take any unilateral trade measures or other sanctions against vessels on the draft or Provisional IUU Vessel Lists, pursuant to paras 6 or 14, or that have been removed from the WCPFC IUU Vessel List, pursuant to paras 17 and 20, on the grounds that such vessels are involved in IUU fishing activities. Modification of the WCPFC IUU Vessel List 25. CCMs and non-CCMs with a vessel on the WCPFC IUU Vessel List may request the removal of the vessel from the list at any time during the intersessional period by submitting to the Executive Director suitably documented information demonstrating that: a) it has adopted measures that will seek to ensure that the vessel complies with all WCPFC measures; and b) it will be able to assume effectively flag state duties with regards to themonitoring and control of the vessel's fishing activities in the Convention Area; and c) it has taken effective action in response to the IUU fishing activities that resulted in the vessel's inclusion in the WCPFC IUU Vessel List, including prosecution or the imposition of sanctions of adequate severity; or d) the vessel has changed ownership and that the new owner can establish that the previous owner no longer has any legal, financial or real interests in the vessel or exercises control over it, and that the new owner has not participated in IUU fishing activities, or e) the case regarding the vessel or vessels that conducted IUU fishing activities has been settled to the satisfaction of the CCM that originally submitted the vessel for listing and the flag State involved. 26. The Executive Director will transmit the removal request, with all the supporting information, to the CCMs within 15 days following the receipt of the removal request. CCMs shall promptly acknowledge receipt of the removal request. If no acknowledgement is received within 10 days of the date of transmittal, the Executive Director shall retransmit the removal request and shall use additional means available to ensure the request has been received. 27. Each Commission Member shall examine the removal request and notify the Executive Director in writing of its decision, and the rationale therefore, regarding the removal of the vessel within 40 days 6 following the notification by the Executive Director. Decisions on the request to remove the vessel shall be made in accordance with Rule 30 of the Rules of Procedure. 28. If Commission Members agree to the removal of the vessel from the WCPFC IUU Vessel List within the period stipulated in para 27, the Executive Director will inform CCMs, non-CCMs, FAO and other regional fisheries management organizations, and will remove the vessel from the WCPFC IUU Vessel List, as published on the WCPFC website. 29. If Commission Members disagree with the request for the removal of the vessel from the IUU Vessel List, the vessel will be maintained on the WCPFC IUU Vessel List and the Executive Director will inform the CCMs and/or non-CCMs that made the removal request. Review 30. This Conservation and Management Measure shall be subject to review and, as appropriate, revision by the TCC. 7 Annex A PROCEDURES FOR APPLYING PARAGRAPH 3(J) OF WCPFC CMM 2010-06 These procedures are to be followed by the Commission in applying paragraph 3(j) of this CMM. The procedures must work in concert and not conflict with the procedures outlined in this CMM, and the rules and responsibilities of TCC and the Commission. Ownership and control 1. For the purposes of these procedures, the legal or natural person(s) or entity/entities that own and control a vessel (the “owner(s) of record”) are those indicated on the WCPFC Record of Fishing Vessels or the WCPFC Interim Register of non-Member Carrier and Bunker Vessels. If a vessel is not on either of those lists, then the owner of record is the owner or owners as indicated on the vessel’s national registration document. 2. For the purposes of these procedures, a vessel shall be considered to have the same owner(s) of record where one or more of the legal or natural person(/s) or entity/entities indicated on the WCPFC Record of Fishing Vessels or the WCPFC Interim Register of non-Member Carrier and Bunker Vessels is the same. If a vessel is not on either of those lists, then the owner(s) of record is/are the same where one or more of the legal or natural person/s or entity/entities indicated on the vessel’s national registration document is/are the same. 3. For the purpose of considering whether to add or remove a vessel or vessels from the Provisional WCPFC IUU Vessel List or the WCPFC IUU Vessel List pursuant to paragraph 3j and paragraph 25(d) of this CMM, the owner(s) of record will not be considered to have changed unless the new owner(s) of record provides suitably documented information demonstrating to the satisfaction of the Commission that the ownership of the vessel has changed, that the previous owner(s) of record no longer has any legal, financial or real interests in it, and that the new owner(s) of record has not participated in any IUU fishing activities. Identification and nomination of vessels 4. For the purposes of these procedures, a vessel may be nominated by a CCM under paragraph 3(j) of this CMM if it meets the condition in paragraph (a) below, and the conditions in either paragraphs (b) or (c) below: a. The fishing vessel to be nominated: i. is currently operating in the Convention Area; or ii. has operated in the Convention Area at any time since the date of the infringement(s) that led to the listing of the underlying vessel(s) on the WCPFC IUU Vessel List (as defined below in paragraph (b)); and iii. is, or was at any time since the date of infringement(s) that led to the listing of the underlying vessel(s) (as defined below in paragraph (b)) on the WCPFC IUU Vessel List, on the WCPFC Record of Fishing Vessels or the WCPFC Interim Register of non-Member Carrier and Bunker Vessels. b. The owner of record is the owner of record of three or more vessels currently on the WCPFC IUU Vessel List (hereafter “the underlying vessel(s)”). c. The owner of record has one or more vessels that have been included on the WCPFC 8 IUU Vessel List for the last two years or more (hereafter “the underlying vessels”). 5. For the purposes of these procedures, all additional vessels fully or partly owned by the same owner of record as the underlying vessel(s) that meet condition 4(a) shall be considered together and either all or none will be placed on the WCPFC IUU Vessel List. Similarly, all additional vessels fully or partly owned by the same owner of record as the underlying vessel(s) that meet condition 4(a) will be considered as one and either all or none will be removed from the WCPFC IUU Vessel List. Information to be provided 6. CCMs shall submit suitably documented information demonstrating that the fishing vessels they wish to nominate under paragraph 3(j) of this CMM meet the criteria set out in paragraph 4 of these procedures. CCMs shall submit this information to the Executive Director 70 days before the annual meeting of the TCC along with the list of fishing vessels being nominated (hereinafter “3j” vessels). 7. Before or at the same time as transmitting a list of 3j vessels to the Executive Director, the CCM shall notify, either directly or through the Executive Director, the relevant flag State of the vessels’ inclusion on this 3j list, and provide a copy of the pertinent suitably documented information. The flag State shall promptly acknowledge receipt of the notification. If no acknowledgment is received within 10 days of the date of transmittal, the CCM shall retransmit the notification through an alternative means of communication. Draft IUU Vessel List 8. The Executive Director shall include on the Draft IUU Vessel List, which is drawn up and circulated in accordance with the provisions of this CMM, those 3j vessels that have been nominated by CCMs in accordance with these procedures. 9. The Executive Director shall notify the relevant flag states of the inclusion of their 3j vessels on the draft IUU Vessel List and of the consequences of these vessels being confirmed on the IUU Vessel List. 10. As appropriate, relevant flag states with 3j vessels on the Draft IUU Vessel List may transmit to the Executive Director, at least 10 days before the TCC’s annual meeting, suitably documented information showing the 3j vessels do not meet the criteria outlined in paragraph 4 of these procedures. The Executive Director shall circulate this information to all CCMs immediately upon receipt of such information. 11. Small island developing CCMs may provide additional information to the Executive Director prior to TCC, or anytime before the Annual Commission meeting to advise that the proposed IUU listing of such 3j vessels would constrain the operation of domestic processing, transshipment facilities, or associated vessels of small island developing CCMs, or would undermine existing investment in FFA member countries. The Executive Director shall circulate this information to all CCMs immediately upon receipt of such information. Provisional and current WCPFC IUU Vessel List 12. At its annual meeting, with respect to 3j vessels that are on the Draft IUU Vessel List, the TCC shall: a. consider suitably documented information, if any, provided by a CCM or a non-CCM, as well as any relevant information regarding the status of an investigation, judicial or administrative proceeding related to the underlying vessel(s) and the cooperation and 9 responsiveness of the owner of record in such proceedings; b. consider information related to 3j vessels that may be submitted by small island developing CCMs pursuant to paragraph 11: and c. following consideration of this information, decide whether to include the nominated 3j vessels on the Provisional IUU Vessel List developed in accordance with the provisions of this CMM. 13. As appropriate, relevant flag states with 3j vessels on the current WCPFC IUU Vessel List may transmit, at least 20 days before the TCC’s annual meeting, but may submit at any time, to the Executive Director suitably documented information showing the 3j vessels do not meet the criteria outlined in paragraph 4 of these procedures, or any other relevant information, including suitably documented information as provided for in paragraph 1. The Executive Director shall circulate this information to all CCMs immediately upon receipt of such information. 14. The TCC shall not include 3j vessels on the Provisional IUU Vessel List if suitably documented information is provided by any CCM that the vessels no longer have a common owner of record with the underlying vessel(s) that triggered the nomination under paragraph 4. 15. At its annual meeting, with respect to 3j vessels that are on the current WCPFC IUU Vessel List the TCC shall: a. consider suitably documented information, if any, provided by a CCM or non-CCM, as well as any relevant information regarding the status of an investigation, judicial or administrative proceeding related to the underlying vessel(s) and the cooperation and responsiveness of the owner of record in such proceedings; and b. following consideration of the suitably