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V. TRANS-OCEAN


V.1 Commission for the Conservation of Antarctic Marine Living Resources (CCAMLR)

Established by the Convention on the Conservation of Antarctic Marine Living Resources drawn up at Canberra on 20 May 1980 and entered into force on 7 April 1982.

Area of Competence

The area of competence of the CCAMLR is the area south of the line joining the following points along parallels of latitude and meridians of longitude:

50°S, 0°, 50°S, 30°E, 45°S, 30°E, 45°S, 80°E, 55°S, 150°E, 60°S, 150°E, 60°S, 50°S, 50°W, 50°S, 0°.

This area coincides exactly with FAO statistical areas 48, 58 and 88 (see Map 12).

Species Covered

The Convention applies to the Antarctic marine living resources defined by the Convention as: “the populations of finfish, molluscs, crustaceans, and all other species of living organisms, including birds, found south of the Antarctic Convergence”.

Membership

The Convention is open for accession by any State interested in research or harvesting activities in relation to the marine living resources to which the Convention applies. In addition, the Convention is also open for accession by regional economic integration organizations constituted by sovereign States which include among their members one or more States Members of the Commission and to which the States members of the organization have transferred, in whole or in part, competence with regard to the matters covered by this Convention. The accession of such regional economic integration organizations is the subject of consultations among Members of the Commission. The membership of the Commission consists of (a) Contracting Parties which participated in the meeting at which the Convention was adopted, (b) each State Party acceded to the Convention becomes a member of the Commission during the period when the acceding Party is engaged in research or harvesting activities in relation to the marine living resources to which the Convention applies, and (c) each regional economic integration organization which has acceded to the Convention is entitled to become a member of the Commission during such time as its States members are so entitled.

The members of the Commission are: Argentina, Australia, Belgium, Brazil, Chile, European Community, France, Germany, India, Italy, Japan, Korea (Republic of), Namibia, New Zealand, Norway, Poland, Russian Federation, South Africa, Spain, Sweden, Ukraine, UK, USA and Uruguay. States which have acceded to the Convention but are not Members of the Commission are: Bulgaria, Canada, Finland, Greece, Netherlands, Peru and Vanuatu.

Main Objectives and Activities

The main objective of the Convention is the conservation of Antarctic marine living resources. The main functions of the Commission are (i) to ensure that all harvesting and research activities are conducted in accordance with the objectives of the Convention, (ii) to formulate, adopt and revise conservation measures, (iii) to compile, analyze and disseminate information on the status of resources, and (iv) to facilitate research activities. The Commission has regulatory powers and its regulatory measures are subject to an objection procedure. The Commission has a scientific Committee which itself is advised by specialist working groups. The Commission also has a Standing Committee on Observation and Inspection whose primary functions are to report on inspections of fishing vessels and to ensure compliance with conservation measures in force.

Map 12 - CCAMLR Area of Competence

Implementation of Post-UNCED Fishery Instruments

CCAMLR is encouraging its Contracting Parties to ratify/accede/accept/implement the 1993 FAO Compliance Agreement, the 1995 Fish Stocks Agreement, the 1995 Code of Conduct for Responsible Fishing, and the IPOAs on seabirds and IUU fishing. The IPOAs on sharks and fishing capacity are not applicable to CCAMLR’s mandate.

Regarding the IPOA on Reducing the Incidental Catch of Seabirds in Longline Fisheries, CCAMLR has adopted Conservation Measures which pre-date the IPOA and which have substantially influenced its content. Urge Contracting Parties to implement IPOA

CCAMLR has adopted comprehensive conservation measures to deter IUU fishing which pre-date the IPOA, including trade measures, information exchange between Contracting Parties, measures to deal with Non-Contracting Parties, deployment of VMS/scientific observers and Port State inspections.

Addressing Specific Issues

The implementation of a precautionary approach to fisheries management is a key objective of the Convention. Precautionary catch limits have been adopted, as well as other measures to ensure conservative approaches to fisheries management (especially during the development of exploratory fisheries).

CCAMLR has a full programme of research into, and monitoring of, ecosystem functionality (including possible direct/indirect effects of fishing). It includes conservation measures for bycatch and to regulate the effects of fishing. A decisionmaking system is being developed to take account of possible ecosystem implications in the implementation of fisheries management measures.

CCAMLR’s comprehensive conservation measures to deter IUU fishing, noted above, include assessment of IUU fishing activities as well as monitoring of international trade in certain species.

Regarding capacity-strengthening of the Organization to deal effectively with important conservation and management issues, CCAMLR has an active programme of cooperation with other regional fishery management bodies and involvement in FAO and WTO initiatives. There is also active association with NGOs and civil society, and clear documentation/transparency of decisions. Active use is made of electronic media (website) to inform the Contracting Parties and world of progress being made.

Given the size of Convention Area, there are still problems associated with insufficient enforcement capability to ensure non-violation of conservation measures. Priority is being placed on promoting exchange of information between Contracting Parties and on utilising such tools as regular VMS reporting, port State inspections and electronic media.

New entrants are accommodated, as the Organisation is open to all potential entrants with interest(s) in research on or harvesting of Antarctic marine living resources.

Catch certification is being addressed with the innovative Catch Documentation Scheme for Toothfish implemented in 2000. The Scheme allows for voluntary participation by Non-Contracting Parties.

A priority issue is considered to be decreasing financial and human resources to deal with increasing (and more complex) problems. This has resulted in initiatives to ensure the setting of clear organisational priorities.

V.2 Commission for the Conservation of Southern Bluefin Tuna (CCSBT)

Established by the Convention for the Conservation of Southern Bluefin Tuna signed by Australia, Japan and New Zealand in Canberra on 10 May 1993 and entered into force on 20 May 1994.

Area of Competence

The Convention does not mention any specific geographical area or areas to be covered by its provisions. Southern bluefin tuna (Thunnus maccoyii) constitute a stock fished in the Indian Ocean, the Southern Atlantic and the South Pacific. The species spawns south off Java, Indonesia, from where juveniles migrate east through the southern part of the Australian Fishing Zone towards New Zealand. Some other juveniles from the same spawning ground migrate west through the Indian Ocean towards South Africa. It is therefore assumed that the Commission is responsible for the whole area mentioned above.

Species Covered

The species covered by the Convention is southern bluefin tuna (SBT). The Commission is also responsible for collecting information on “ecologically related species” defined in the Convention as living marine species which are associated with southern bluefin tuna, including but not restricted to both predators and prey of SBT.

Membership

The Convention is open for accession to (a) any State whose vessels engage in fishing for southern bluefin tuna and (b) any coastal State through whose exclusive economic or fishery zone southern bluefin tuna migrates. The present members of CCSBT are Australia, Japan and New Zealand.

Main Objectives and Activities

The objective of the Convention is to ensure, through appropriate management, the conservation and optimum utilization of southern bluefin tuna. The functions of the Commission include: (i) collecting, analysing and interpreting scientific and other relevant information on SBT, and (ii) to adopt conservation and management measures including the total allowable catch and its allocation among the Members. Other additional measures may also be adopted by the CCSBT. The decisions of the Commission are taken by unanimous vote.

The exploitation of SBT began with an Australian surface fishery and a Japanese longline fishery in the early 1950s, while New Zealand started handline fishing in the early 1980s. The catch of SBT increased rapidly to a peak of 82 thousand metric tonnes (MT) in 1961. Since then, it has gradually decreased to 45 thousand MT in 1980 and 14 thousand MT in 1990. Since 1982 a scientific meeting and a subsequent management meeting have been held annually by the three countries. Total allowable catch and its allocation had been set by these meetings since 1985. In order to assist the scientific assessment, Australia, Japan and New Zealand cooperate in a Real Time Monitoring Programme which collects information in important areas on catch rates and size composition of SBT.

Implementation of Post-UNCED Fishery Instruments

The CCSBT is taking account of all post-UNCED fishery instruments in the implementation of its management and conservation objectives. Activities in this regard include the following.

Addressing Specific Issues

The implementation of the precautionary approach is done through the CCSBT’s scientific processes and the setting of voluntary catch limits by members on the basis of that advice.

The extent, impact and effects of IUU fishing has been quantified by the members from domestic data and the Commission’s trade information scheme.

To strengthen the organization’s capacity, the CCSBT has developed a scientific research program to support stock assessment and management decisions.

Regarding fleet capacity issues, the CCSBT uses voluntary quotas but individual members have reduced capacity to assist with the containment of catch to such quotas.

The CCSBT has actively encouraged membership to accommodate new entrants. The Fishing Entity of Taiwan was admitted to the Extended Commission in August 2002. Encouragement is currently being given to South Africa and Indonesia to take up membership.

A comprehensive trade information scheme is in place in CCSBT member countries.

V.3 Latin American Organization for Fishery Development (OLDEPESCA)[111]

Established by the Constitutional Agreement of the Latin American Organization for Fishery Development, signed in Mexico City on 29 October 1982 and entered into force on 2 November 1984. The Agreement was amended twice in 1984.

Area of Competence

The Constitutional Agreement which established OLDEPESCA does not define the area of competence of the Organization by lines of longitude and latitude. It should be noted, however, that the preamble to the Convention refers to the need to encourage the correct use and protection of fishery resources within the maritime jurisdiction zones of each State.

Species Covered

The Agreement covers all living marine resources.

Membership

The membership of the Organization is open only to those States belonging to the Latin American Economic System. The present members of the Organization are: Bolivia, Ecuador, El Salvador, Guatemala, Mexico, Nicaragua, Panama, Peru and Venezuela.

Main Objectives and Activities

The main objective of the Agreement is to provide adequately for the food needs of Latin America and Caribbean, using the potential of fishery resources for the benefit of the people in the region. The Organization consists of the Conference of Ministers, the Governing Council and the Executive Director. The Conference of Ministers is the supreme authority specifying the direction and policy of OLDEPESCA through its Declarations and Resolutions. These policies are generally prepared by the Governing Council in relation to the objectives of the Organization. OLDEPESCA is actively involved in areas of research in fisheries resources, exploitation of fisheries resources, aquaculture, fisheries technology, fisheries trade, training, and environmental protection. In 1990 the Conference of Ministers of OLDEPESCA adopted a Resolution approving an International Programme for the reduction of capture and incidental mortality of marine species in commercial fishing operations.


[111] Information unchanged from FIPL Circular 908.

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