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IV. PACIFIC OCEAN


IV.1 Council of the Eastern Pacific Tuna Fishing Agreement (CEPTFA)[109]

The Eastern Pacific Ocean Tuna Fishing Agreement and its Protocol was signed in San José, Costa Rica, by the United States of America, Costa Rica and Panama on 15 March 1983. The Agreement will enter into force after it has been ratified or adhered to by five coastal States bordering the area covered by the Agreement. The Agreement has not yet entered into force.

Area of Competence

The Agreement Area is defined as the area bounded by a line from the point on the mainland where the parallel of 40°N latitude intersects the coast westward along the parallel of 40°N latitude to 40°N latitude by 125°W longitude, thence southerly along the meridian of 125°W longitude to 20°N latitude by 125°W longitude, then easterly along the parallel of 20°N latitude to 20°N latitude by 120°W longitude, thence southerly along the meridian of 120°W longitude to 5°N latitude by 120°W longitude, thence easterly along the parallel of 5°N latitude to 5°N latitude by 110°W longitude, thence southerly along the meridian of 110°W longitude to 10°S latitude by 110°W longitude, thence easterly along the parallel of 10°S latitude to 10°S latitude by 90°W longitude, thence southerly along the meridian of 90°W longitude to 30°S latitude by 90°W longitude, thence easterly along the parallel of 30°S latitude to the point on the mainland where the parallel intersects the coast, excluding the areas within 12 nautical miles of the baseline from which the breadth of territorial sea is measured and those areas within 200 nautical miles of the baselines of coastal States not signatories to this Agreement, measured from the same baseline. This area coincides with part of FAO Statistical Areas 77 and 87 (see Map 2).

Species Covered

The species covered by the Agreement are as follows: yellowfin tuna, bigeye tuna, albacore tuna, northern bluefin tuna, southern bluefin tuna, skipjack tuna, black skipjack, kawakawa, bullet tuna, frigate tuna, eastern Pacific bonito, and Indo-Pacific bonito.

Membership

Membership of the Council will be open to States bordering the Agreement Area or to members of the Inter-American Tropical Tuna Commission (IATTC) at the time when the Agreement enters into force, other States may also adhere to the Agreement subject to the unanimous approval by the Council.

Main Objectives and Activities

The main objective of the Agreement is to ensure the conservation and rational utilization of tuna resources in the eastern Pacific Ocean. The Agreement, when in force, would establish an Eastern Pacific Tuna Council whose main activity will be to issue licences permitting access to fishing in the Agreement Area to vessels of States parties to the Agreement against payment of a fee based on net registered tons of the vessel requesting the licence.

IV.2 Permanent South Pacific Commission/Commission permanente du Pacifique Sud (CPPS)

Established by the Convention on the Organization of the Permanent Commission of the Conference on the Use and Conservation of the Maritime Resources of the South Pacific, signed by Chile, Ecuador and Peru at the First Conference on the Use and Conservation of the Marine Resources of the South Pacific, held in Santiago, Chile, on 18 August 1952. Colombia joined the CPPS on 9 August, 1979.

Area of Competence

The Agreement does not define the precise area to be served by the Commission by lines of longitude and latitude. It merely provides that the Permanent Commission is established in order to achieve the objectives set forth in the Declaration on the Maritime Zone. This Declaration states that the three Governments proclaim as a principle of their international maritime policy that each of them possesses sole sovereignty and jurisdiction over the area of the sea, the sea floor and sub-soil thereof adjacent to the coast of its own country and extending not less than 200 nautical miles from the said coast. This area is part of FAO Statistical Area 87 (See Map 2). In 1984, the Ministers for Foreign Affairs of CPPS member countries referred to the “legitimate interests of the Coastal States in the conservation and optimum utilization of the marine resources beyond their 200 mile zones, when these resources are part of the same populations of species existing in their 200 mile zones, or populations of species associated with them”. They instructed the CPPS Secretariat to take action with a view to considering the possibility of establishing adequate mechanisms for the conservation and optimum utilization of these resources.

Species Covered

The species covered by the Convention are all marine resources.

Membership

Neither the Agreement establishing the Commission nor any of the Declarations, resolutions or recommendations of the Commission mention conditions regarding eligibility for membership. The present members of the Commission are: Chile, Colombia, Ecuador and Peru.

Main Objectives and Activities

The objectives of the Convention are those set out in the Declaration on Maritime Zone. The objectives of the Declaration were, inter alia, the necessity to provide for the peoples of the three governments food supplies and to furnish them with the means of developing their economy. To do so it is essential to ensure the conservation and protection of their natural resources in the areas of the sea adjacent to their coasts and to regulate the use thereof. The functions of the Commission, are inter alia, (i) to determine protected species; open and closed seasons and areas of sea; fishing and hunting times, methods and equipment; prohibited gear and methods; and to lay down general regulations for hunting and fishing, (ii) to study and propose to the Parties such measures as it considers suitable for the protection, defence, conservation and use of marine resources, (iii) to encourage scientific and technical study of and research into biological phenomena in the South Pacific, and (iv) to prepare general statistics of the industrial use of marine resources by the Parties, and to suggest protective measures based on the study thereof.

The Commission collaborates closely with FAO and other international agencies. The CPPS, in collaboration with FAO has published a number of Bulletins on Fisheries Statistics of the Southeast Pacific. The Commission also publishes a monthly Weather Warning Bulletin, providing information on El Niño Phenomenon.

On 14 August, 2002, the Commission celebrated its 50th Anniversary with an Official Declaration by the four Member States: Chile, Colombia, Ecuador and Peru, thus ratifying the standing nature of the rational conservation and exploitation of live resources principle, especially fishing resources in the marine areas of domestic jurisdiction, such as the adjacent high seas; strengthening its commitment to continue working toward the orderly development of sustainable fisheries and the preservation of the marine environment’s quality with the aim to contribute toward the well-being of their peoples by allowing access to increased food sources, work and income.

As the Appropriate Regional Maritime Organization, the Commission has approved the Framework Agreement for the Conservation of Live Marine Resources in the Southeast Pacific High Seas (Santiago de Chile, August, 2000), also known as the Galapagos Agreement, which shall ensure the conservation of such resources covered by the Agreement.

Meanwhile, the Commission has re-structured its organization and functions in order to be in a better condition to face the marine issues of modern times, in the legal, scientific and economic fields.

The CPPS dedicates great effort to the study of the El Niño (hot phase of the ENSO cycle) in the Region, especially with relation to the early warning or notification of this phenomenon’s presence in order to reduce its negative impacts and take advantage of El Niño’s positive effects; the Commission issues two monthly versions of the Weather Warning Bulletin - BAC - and regularly updates its web page.

Implementation of Post-UNCED Fishery Instruments

There is continued implementation by CPPS of the principles of the 1995 FAO Code of Conduct for Responsible Fisheries, with a focus on fishing laws, rules and regulations and selected fisheries management plans.

Regarding the IPOA on the Management of Fishing Capacity, the administration and management of fishing capacity is intrinsic in the CPPS fisheries management plans and regulations on fishery activity.

Addressing Specific Issues

The implementation by CPPS of a precautionary approach to fisheries management is in an initial phase for selected resources and their fisheries, especially those under threat and requiring protection against excessive fishing effort and overfishing.

CPPS is addressing ecosystem-based fisheries management in the project on the Humbolt Current ecosystem and pelagic fisheries. This will enable better understanding of the structure and dynamics of the Southeast Pacific ecosystem and enhance strategies for fisheries management and the conservation of fishery resources.

Regarding institutional capacity, the constitution and internal regulations of the CPPS have been strengthened to increase its effectiveness in the conservation and management of the fisheries environment and resources and fishing activity. In its capacity as a regional maritime body, the CPPS will help shape the operating framework of fisheries organizations.

IV.3 South Pacific Forum Fisheries Agency (FFA)

Established by South Pacific Forum Fisheries Agency Convention, signed in Honiara, Solomon Islands on 10 July 1979. The Convention entered into force on 9 August 1979.

Area of Competence

The FFA’s area of competence is the South Pacific region. There is no precise definition of this area by lines of longitude and latitude. It coincides mainly with FAO Statistical Areas 71 and 81 (See Map 2).

Species Covered

The species covered by the FFA are the highly migratory species of tunas, primarily skipjack, yellowfin, bigeye and albacore.

Membership

Membership of FFA is open to members of the South Pacific Forum and to other States or territories in the region on the recommendation of the Forum Fisheries Committee. The present members of FFA are: Australia, Cook Islands, Federated States of Micronesia, Fiji, Kiribati, Marshall Islands, Nauru, New Zealand, Niue, Palau, Papua New Guinea, Solomon Islands, Tokelau, Tonga, Tuvalu, Vanuatu and Western Samoa.

Main Objectives and Activities

The objectives of the Convention are: (i) conservation and optimum utilization of the species covered by the Convention; (ii) promotion of regional cooperation and coordination in respect of fisheries policies; (iii) securing of maximum benefits from the living resources of the region for their peoples and for the region as a whole and in particular the developing countries; and (iv) facilitating the collection, analysis, evaluation and dissemination of relevant statistical scientific and economic information about the resources covered by the Convention. The functions of the Agency include, inter alia: (i) harmonization of policies with respect to fisheries management; (ii) cooperation in respect of relations with distant water fishing countries; (iii) cooperation in surveillance and enforcement; (iv) cooperation in respect of onshore fish processing; (v) cooperation in marketing; (vi) cooperation in respect of access to the 200 mile zones of other Parties.

Implementation of Post-UNCED Fishery Instruments

The post-UNCED fishery instruments are not directly relevant to FFA, because it does not have a mandate to adopt conservation and management measures and therefore is not a management organization. However, the instruments are relevant to members’ national activities and legislation, and to the Western and Central Pacific Tuna Commission Ocean Convention. FFA’s role is to assist its member countries as noted above and in the work of the Commission.

Addressing Specific Issues

FFA provides some services to its members allowing them to assess the extent, impact and effects of IUU fishing, such as operation of a regional Vessel Monitoring System. However, because FFA does not have a management mandate, as noted above, it is not in a position to indicate activities, priorities or plans in relation to specific issues. It does, however, have important roles such as: the provision of information among FFA member countries and between the countries and the Agency; and assisting members in improving their capacity to manage and develop the tuna resources for their benefits. It these roles, FFA indirectly addresses the specific issues.

IV.4 Inter-American Tropical Tuna Commission (IATTC)

Created by the Convention for the Establishment of an Inter-American Tropical Tuna Commission signed by the Governments of the United States and Costa Rica, in Washington on 31 May 1949 and entered into force on 3 March 1950.

Area of Competence

The area of competence of the Commission is defined was the “Eastern Pacific Ocean”. There is no precise definition of this area by lines of longitudes and latitudes, but in recent years the Commission’s conservation and management resolutions have specified the area covered as 150 degrees west longitude, 40 degrees north and south latitudes, and the coastline of the American continents. In 1962, a Commission’s Yellowfin Regulatory Area (CYRA) was created. This “Regulatory area” was defined as follows: All waters of the Eastern Pacific Ocean bounded by the mainland of the Americas and the following lines: beginning at a point on the mainland where the parallel of 40 degrees north latitude intersects the coast; thence due west to the meridian of 125 degrees west longitude; thence due south to the parallel of 20 degrees north latitude; thence due east to the meridian of 120 degrees west longitude; thence due south to the parallel of 5 degrees north latitude; thence due east to the meridian of 110 degrees west longitude; thence due south to the parallel of 30 degrees south latitude; thence due east to a point on the mainland where the parallel of 30 degrees south latitude intersects the coast. This area which includes substantive areas of high seas, coincides with part of FAO Statistical Areas 77 and 87 (See Map 2).

Species Covered

The species covered by IATTC are all tunas and other fish taken by tuna fishing vessels.

Membership

Membership is open to any States whose nationals participate in fisheries in the IATTC Convention Area, provided that the Contracting Parties given their unanimous consent. The present members of IATTC are: Costa Rica, Ecuador, El Salvador France, Guatemala, Japan, Mexico, Nicaragua, Panama, Perú, the United States of America, Vanuatu and Venezuela.

Main Objectives and Activities

The main objectives of the Convention are to maintain the populations of yellowfin and skipjack tuna and other kind of fish taken by tuna fishing vessels in the eastern Pacific and to cooperate in the gathering and interpretation of factual information to facilitate maintaining the populations of these fishes at a level which permits maximum sustainable catches year after year. The functions of the Commission include inter alia (a) to gather and interpret information on tuna, (b) to conduct scientific investigation concerning the abundance, biology, biometry, and ecology of yellowfin and skipjack tuna in the Convention Area, and to recommend proposals for joint action for conservation. The Commission has regulatory powers and catch quotas for yellowfin tuna have been set by the Commission since 1962. Since 1976, the Commission has implemented a programme on tuna dolphin relationship and since 1992 it has developed an International Dolphin Conservation Programme aiming at progressively reducing dolphin mortality in tuna fishing. The Commission also serves as the Secretariat for the Agreement on the International Dolphin Conservation Program, whose principal objective is to reduce and strictly regulate accidental dolphin mortality which occurs in the purse seine fisheries for tuna.

Implementation of Post-UNCED Fishery Instruments

To implement the 1993 FAO Compliance Agreement, The Commission has developed a regional register that lists vessels that are authorized to fish in the area of the Agreement. It has also agreed to establish a list of vessels that are not authorized to fish in the area of the Agreement and are undermining the Agreement and the conservation and management measures.

Currently IATTC members are negotiating a new Convention that will take into account, among other things, many of the relevant principles of the 1995 UN Fish Stocks Agreement. Only two members of the IATTC have ratified the Agreement, but many of the key provisions of the Agreement have been incorporated into the draft negotiating text for the new Convention.

The IATTC has not adopted specific measures to promote the application of the 1995 Code of Conduct for Responsible Fisheries. However, the relevant portions of the Code of Conduct often serve as a guideline for the consideration of the Commission’s conservation and management resolutions, and most, if not all, of the resolutions adopted by the parties to the IATTC are drafted in accordance with the principles of the Code.

Regarding the IPOA on the Conservation and Management of Sharks, the Commission has adopted a measure requiring purse seine vessels to promptly release unharmed, to the extent practicable, all sharks taken incidentally. The Commission has also taken action to enhance the collection of shark bycatch information.

In relation to the IPOA on the Management of Fishing Capacity, the members of the Commission reached agreement in June of 2002 on the limitation of fishing capacity in the Eastern Pacific Ocean (EPO). The Commission has established a Permanent Working Group on Fleet Capacity and is considering a draft Plan of Action on the management of fishing capacity for the EPO.

The IATTC has taken measures in order to combat IUU fishing in the EPO, such as developing a Regional Register of vessels that are authorized to fish for species under the purview of the Commission, establishing a permanent working group to deal with IUU fishing on a regular basis, and the adoption of resolutions, intended to discourage IUU fishing, regarding fishing by non-parties. The Commission recently agreed to develop a list of non-cooperating vessels, and is in the process of preparing such a list.

Addressing Specific Issues

The Commission does manage the fisheries utilizing precautionary principles and is in the process of incorporating a more formal procedure of scientific advice that utilizes the precautionary approach.

The IATTC has addressed the matter of ecosystem-based fisheries management in the formulation of relevant conservation and management measures. Thus, in considering measures for yellowfin and bigeye tuna, the two principal species currently being managed by the Commission, the impact on all species of tuna in the same ecosystem is taken into account. Further, the Commission has adopted resolutions regarding bycatch that are designed to address ecosystem management by requiring specific measures to reduce the bycatch of species taken in the tuna purse seine fisheries. This has included the development of ecosystems models for the eastern tropical Pacific Ocean.

One of the main responsibilities of the Working Group on Fishing by non-parties is to assess the extent and impact of IUU fishing in the area of the Agreement.

Action to strengthen the organization’s capacity to deal more effectively with important conservation and management issues is based on the main responsibility of the IATTC - the conservation of the stocks of tuna in the area of the Agreement. Therefore its members have recently taken innovative measures such as reaching agreement on the limitation of fishing capacity in the EPO and adopting strict bycatch measures.

Also, Commission members are currently negotiating a new Convention which will strengthen futher the conservation and management program.

As noted above, the issue of fleet capacity has been addressed, resulting in the establishment of a Permanent Working Group on Fleet Capacity and consideration of a draft Plan of Action on the management of fishing capacity for the EPO.

New entrants have been accommodated, with several new members joining the Commission in the recent past.

The Commission is currently considering the adoption of a catch certification and documentation scheme for Bigeye Tuna.

IV.5 International Pacific Halibut Commission (IPHC)

Established by the Convention for the Preservation of the Halibut Fishery, signed at Washington on March 2, 1923. The Convention was amended in 1930 and 1937. A new Convention between the United States of America and Canada for the Preservation of the Halibut Fishery of the Northern Pacific Ocean and Bering Sea was signed in Ottawa, Canada on 2 March 1953 and entered into force on 28 October 1953. When the two countries extended their fishery jurisdictions, a Protocol Amending the Convention was signed in Washington on 29 March 1979 and entered into force on 15 October 1980.

Area of Competence

The Convention covers the “Convention Area” defined as the waters off the west coasts of the United States and Canada, including the southern as well as the western coasts of Alaska, within the respective maritime areas in which either partly exercises exclusive fisheries jurisdiction. Maritime areas include, without distinction, areas within and seaward of the territorial sea or internal waters of the Parties. This area coincides with FAO Statistical Area 67 (see Map 2).

Species Covered

The species covered by the Convention is Pacific halibut (Hippoglossus stenolepis) found in the Convention Area.

Membership

The Convention is not open to other States. Membership is limited to Canada and the United States.

Main Objectives and Activities

The objective of the Convention are the preservation of the halibut fishery of the Northern Pacific Ocean and Bering Sea. The main functions of the Commission are to conduct scientific studies relating to the Pacific halibut biology and fishery, as well as to formulate regulations designed to develop the stocks of Pacific halibut to those levels which permit optimum utilization. The Commission has regulatory powers and sets the total allowable catch of halibut in the Convention Area.

Implementation of Post-UNCED Fishery Instruments

A number of the post-UNCED fishery instruments do not contain issues of relevance of the work of the IPHC, including the 1993 FAO Compliance Agreement, the IPOA on the Management of Fishing Capacity and IUU fishing. The IPHC Convention pre-dates the 1995 Fish Stocks Agreement and already implements its provisions.

Regarding the IPOA on Reducing the Incidental Catch of Seabirds in Longline Fisheries, recent actions concern successful initiatives by the Pacific halibut fishing industry, with the assistance of the IPHC, to request that regulatory agencies introduce regulations requiring the use of Bird Avoidance Devices while fishing for Pacific halibut and define performance standards for enforcement. The IPHC has also undertaken research projects to: evaluate options for the monitoring the potential mortality of seabirds in the Pacific halibut fishery; and, evaluate the use of digital video technology as a specific monitoring tool for this purpose.

The objectives of the IPOA on the Conservation and Management of Sharks are furthered by the cooperative research the IPHC has undertaken with universities to understand the biology and dynamics of Pacific sleeper sharks. This species is caught incidentally while fishing for halibut and, although survival of these sharks is very high, little is known of its biology in the northeast Pacific Ocean.

Addressing Specific Issues

To implement the precautionary approach, the Commission conducts ongoing research into harvest policy, in order to define appropriate threshold and limit reference points for management. Recent research concerns the development of harvest policies using capped harvest rates and yields.

In relation to ecosystem-based fisheries management, the Commission’s harvest policy incorporates decadal-scale oceanographic influences on oceanic productivity, recruitment, and growth rate in the selection of appropriate harvest rates. This research utilizes information on the dynamics of species co-occurring with Pacific halibut.

Regarding catch certification, IPCH is participating with agencies of the contracting parties in the development of a joint electronic catch reporting system.

The Organization’s existing capacity is considered highly effective, and the Convention restricts membership to Canada and the United States. Capacity-strengthening and accommodation of new entrants are therefore not issues for the Commission.

IV.6 North Pacific Anadromous Fish Commission (NPAFC)

Established by the Convention for the Conservation of Anadromous Stocks in the North Pacific Ocean, signed at Moscow, Russia, on 11 February 1992 and entered into force on 16 February 1993. It replaced the International Convention for the High Seas Fisheries of the North Pacific which had been in force since 1952.

Area of Competence

The area of competence of the Commission, referred to as the “Convention Area” is defined as the waters of the North Pacific Ocean and its adjacent seas, north of 33°N latitude beyond 200 nautical miles from the baselines from which the breadth of the territorial sea is measured. It is understood that activities under the Convention, for scientific purposes, may extend further southward in the North Pacific Ocean and its adjacent seas. “The Convention Area” coincides mainly with the FAO Statistical Areas 61 and 67 and part of 77 (see Map 2).

Species Covered

The species covered by the Commission are as follows: chum salmon, coho salmon, pink salmon, sockeye salmon, chinook salmon, cherry salmon, and steelhead trout.

Membership

The members of the Commission are: the Untied States, Canada, Japan, and the Russian Federation. The Convention is not open to other States but at the invitation of the original Parties by unanimous agreement, other States may accede to it.

Main Objectives and Activities

The main objectives of the Convention are to prohibit directed high seas fishing for North Pacific salmon and to strictly limit the incidental taking of Pacific salmon. The Commission inter alia has the authority (i) to recommend to the Parties measures for the conservation of anadromous stocks and ecologically related species in the Convention Area; (ii) to promote the exchange of information of any activities contrary to the provisions of the Convention; (iii) to review and evaluate enforcement actions taken by the Parties, and (iv) to promote the exchange of catch and effort information and provide a forum for cooperation among the Parties with respect to anadromous stocks and ecologically related species. The Parties may take action individually or collectively to prevent unauthorized fishing activities by others and prevent trafficking in illegally harvested Pacific salmon. Decisions of the Commission on all important matters are taken by consensus among all Parties that are States of origin of anadromous stocks which migrate into the Convention Area.

Implementation of Post-UNCED Fishery Instruments

Because the Convention prohibits direct fishing of the target species in the Convention Area, the “Fisheries Management” and “Fishing Operations” portions of the 1995 FAO Code of Conduct are not among the NPAFC’s mandates, although the NPAFC applies the precautionary approach by prohibiting the commercial fishing operations of its target species in the Convention Area. Regarding “Fisheries Research”, coordination of scientific research among the Parties for conservation of anadromous stocks in the North Pacific Ocean is one of the Commission’s mandates.

Regarding the IPOA-IUU fishing, each Party of the Commission must take all necessary measures to ensure that its nationals and fishing vessels flying its flag comply with the provisions of the Convention. The NPAFC Committee on Enforcement coordinates the Contracting Parties’ enforcement activities. In 1993-2002, the cooperative enforcement efforts of the Contracting Parties resulted in the detection of 39 vessels conducting directed driftnet fishing operations for salmon in the Convention Area. Of those vessels, 14 were apprehended.

Many of the post-UNCED fishery instruments are not applicable. The NPAFC Convention prohibits direct fishing of the target species in the Convention Area, and in that context the 1993 FAO Compliance Agreement is not applicable. Anadromous species are not regulated under the 1995 UN Fish Stocks Agreement. The Organizations’ mandate does not include the management of sharks and fishing capacity, or the incidental catch of seabirds in longline fisheries because the NPAFC Convention prohibits directed fishing for anadromous fish in the Convention Area.

Addressing Specific Issues

As noted above, NPAFC implements a precautionary approach in terms of prohibiting directed fishing of anadromous fish in the Convention Area under Article III.1.(a) of its Convention.

NPAFC activity on ecosystem-based fisheries management has involved a Joint Meeting on Causes of Marine Mortality of Salmon in the North Pacific and North Atlantic Oceans and in the Baltic Sea in March 2002, in cooperation with IBSFC, ICES, NASCO, and PICES.

The organization’s capacity to deal more effectively with important conservation and management issues has been strengthened in enforcement and scientific research activities. The Parties have been discussing and implementing closer cooperation. This strengthens the NPAFC’s capacity to deal more effectively with conservation of anadromous stocks in the Convention Area.

The Commission has the authority to consider and make proposals to the Parties for the enactment of a program for certificates of origin attesting that products of anadromous fish are from fish which were lawfully harvested. At its Third Annual Meeting in 1995, because no evidence was found to suggest that sales of illegally caught salmon from the Convention Area were taking place, the Parties agreed that it was not necessary at that point to devote financial and human resources to the development of a Certificate of Origin Program. The situation has not been changed to date (2002).

As noted above, assessment of the extent of IUU fishing has taken place, but NPAFC does not have the mandate to address issues relating to capacity. Regarding new entrants, the NPAFC Convention is not open to other States, but at the invitation of the original Parties by unanimous agreement, other States may accede to it.

IV.7 Eastern Pacific Tuna Fishing Organization (OAPO)[110]

An Agreement Creating the Eastern Pacific Tuna Fishing Organization was signed by Ecuador, El Salvador, Mexico, Nicaragua and Peru in Lima on 21 July 1989. The Agreement has not yet entered into force.

Area of Competence

The area covered is defined as the Eastern Pacific Ocean through which the species covered by the Agreement roam. This area includes, not only the 200 miles zones adjacent to island and continental territories of the States parties, but also high seas areas adjacent to these zones, up to the meridian 145°W longitude (Map 20). This area coincides with part of FAO Statistical Areas 77, 81, 87 and 71.

Species Covered

The species covered by the Agreement are: yellowfin tuna, skipjack, northern bluefin tuna, southern bluefin tuna, albacore, and bigeye tuna.

Membership

The membership of the Organization will be open to Eastern Pacific Coastal Nations and other States whose vessels have fished the species covered by the Agreement within its area of competence. The admission of non-coastal States will be subject to the approval of the Governing Body of the Organization.

Main Objectives and Activities

The main objectives of the Organization are (i) to achieve the conservation, protection and optimum utilization of the highly migratory species, (ii) to provide training, transfer of technology and to assist with development of fishing capacity and infrastructure of disadvantaged Latin American Eastern Pacific Coastal States who are Parties to the Agreement. The structure of the Organization will consist of the Governing Board, the Scientific Committee and the Secretariat. The Organization will have regulatory powers and its decisions are made by consensus or by a two-third majority.

IV.8 Pacific Salmon Commission (PSC)

Established by Treaty Between the Government of the United States of America and the Government of Canada concerning Pacific Salmon, signed in Ottawa, Canada on 28 January 1985 and entered into force on 18 March 1985. The Annexes to the Treaty were revised in 1999.

Area of Competence

The Treaty applies to “Pacific salmon stocks”. There is no precise definition of the area covered by the Treaty although the area covered by the Treaty extends in general, from SE Alaska (Cape Suckling) including the transboundary rivers the Alsek, Stikine and Taku in the North, through Canadian waters to Oregon (Columbia River) in the South. The Fraser River Panel for Fraser River sockeye and pink salmon is defined in Annex 23 of the Treaty as follows:

1. The territorial waters and the high seas westward from the western coast of Canada and the United States of America and from a direct line drawn from Bonilla Point, Vancouver Island, to the lighthouse on Tatoosh Island, Washington - which line marks the entrance to Juan de Fuca Strait, - and embraced between 48 and 49 degrees north latitude, excepting therefrom, however, all the waters of Barkley Sound, eastward of a straight line drawn from Amphitrite Point to Cape Beale and all the waters of Nitinat Lake and the entrance thereto.

2. The waters included within the following boundaries:

Beginning at Bonilla Point, Vancouver Island, thence along the aforesaid direct line drawn from Bonilla Point to Tatoosh Lighthouse, Washington, described in paragraph numbered 1 of this Article thence to the nearest point of Cape Flattery, thence following the southerly shore of Juan de Fuca Strait to Point Wilson, on Quimper Peninsula, thence in a straight line to Point Partridge on Whidbey Island thence following the western shore of the said Whidbey Island, to the entrance to Deception Pass, thence across said entrance to the southern side of Reservation Bay, on Fidalgo Island, thence following the western and northern shore line of the said Fidalgo Island to Swinomish Slough, crossing the said Swinomish Slough, in line with the track of the Great Northern Railway, thence northerly following the shore line of the mainland to Atkinson Point at the northerly entrance to Burrard Inlet, British Columbia, thence in a straight line to the southern end of Bowen Island, thence westerly following the southern shore of Bowen Island to Cape Roger Curtis, thence in a straight line to Gower Point, thence westerly following the shore line to Welcome Point on Sechelt Peninsula, thence in a straight line to Point Young on Lasqueti Island, thence in a straight line to Dorcas Point on Vancouver Island, thence following the eastern and southern shores of the said Vancouver Island, to the starting point at Bonilla Point, as shown on the British Admiralty Chart Number 579, and on the United States Coast and Geodetic Survey Chart Number 6300, as corrected to March 14, 1930, copies of which are annexed to the 1930 Convention and made a part thereof.

3. The Fraser River and the streams and lakes tributary thereto.

The Pacific Salmon Treaty Area is shown in Map 11.

Species Covered

The Treaty covers all Pacific salmon stocks and takes into account the conservation of steelhead trout while fulfilling its other functions.

Membership

Membership of PSC is not open to other States. The membership consists of Canada and the United States of America.

Main Objectives and Activities

The main objectives of the Treaty are the conservation and rational management of Pacific salmon stocks and the promotion of optimum production of such stocks and the cooperation in the management, research and enhancement of Pacific salmon stocks. The Commission has established four panels: Southern Panel, Fraser River Panel, Transboundary Panel and Northern Panel. These Panels provide information and make recommendations to the Commission which the latter reviews and then recommends fishery regimes to the Parties. The Panel recommendations are based on information received from a variety of bilateral technical committees and from Commission staff. These committees rely on information provided by Canadian and United States fishery management agencies.

Implementation of Post-UNCED Fishery Instruments

The PSC agreements and policies are implemented by the Parties, the USA and Canada, and implementation of post-UNCED fishery instruments by the PSC is not applicable in this context.

Addressing Specific Issues

Because the PSC agreements and policies are implemented by the Parties, attention to the specific issues of concern, such as the precautionary approach and ecosystem management, are consistent with the approach taken by the Parties on a more global scale.

Map 11 - Pacific Salmon Treaty Area

IV.9 South Pacific Commission (SPC)

Established by an Agreement signed by Australia, France, the Netherlands, New Zealand, the United Kingdom and the United States at Canberra on 6 February 1947, entered into force on 29 July 1948, amended in 1952, 1954, 1964 and supplemented by Protocols of understanding in 1974 and 1976. The Commission activities are not restricted to fisheries and also cover agriculture and plant protection, rural development, education, health information and cultural exchanges.

Area of Competence

The territorial scope of the Commission was defined by the Canberra Agreement as all those territories in the Pacific Ocean which are administered by the participating Governments and which lie wholly or in part south of the Equator and east from and including the Australian Territory of Papua and the Trust Territory of New Guinea, and Guam and the Trust Territory of the Pacific Islands. There is no precise definition of this area by lines of longitude and latitude in the Agreement. The area of competence coincides with part of FAO Statistical Areas 71 and 77 (see Map 2).

Species Covered

The Commission operates a Coastal Fisheries Programme covering all living aquatic species subject to subsistence and commercial fishing and aquaculture, and an Oceanic Fisheries Programme which deals with tuna, billfish and related species.

Membership

The membership of the South Pacific Commission is as follows: American Samoa, Australia, Cook Islands, Federated States of Micronesia, Fiji, France, French Polynesia, Guam, Kiribati, Marshall Islands, Nauru, New Caledonia, New Zealand, Niue, Northern Mariana Islands, Palau, Papua New Guinea, Pitcairn Islands, Samoa, Solomon Islands, Tokelau, Tonga, Tuvalu, U.K., U.S.A., Vanuatu, Wallis and Futuna.

Main Objectives and Activities

The main objective of the Agreement is to encourage and strengthen international cooperation in promoting the economic and social welfare and advancement of the peoples of the South Pacific region. The Divisional goal for fisheries is to provide a regional service which provides information, advice and direct assistance to the Pacific Community through SPC member governments, either individually or collectively, in using living marine resources in the most productive and responsible manner possible. Activities include fisheries stock assessment (for both reef fisheries and highly migratory fish stocks), marine ecosystem research for reef and pelagic fisheries, small scale tuna fisheries development support, coastal fisheries management support and fisheries information and databases within the area of competence.

Two fisheries programmes form the framework for SPC’s fisheries activities. These are the Coastal Fisheries Preogramme and the Oceanic Fisheries Programme, described below.

(a) Coastal Fisheries Programme

The goal is to optimise long-term social and economic value of small-scale fisheries and aquatic living resource use in Pacific Island waters, with the following objectives:

(b) Oceanic Fisheries Programme

The goal is to provide access to Pacific Island countries and territories (PICT) of the best available scientific information and evidence necessary to rationally manage fisheries exploiting the region’s resources of tuna, billfish and related species, with the following objectives:

Implementation of Post-UNCED Fishery Instruments

The SPC supports its members extensively in the implementation of the 1995 FAO Code of Conduct for Responsible Fisheries, including dealing with small-scale fisheries and aquaculture.

Some assessments and observer data analyses, have been carried out on incidental seabird catch, and it was recognised that this is not a problem in the current fisheries within the SPC mandate area.

SPC is undertaking some assessments on the conservation and management of sharks, based on observer data and improvement of bycatch reporting by fishing fleets. Current indications are that Pacific pelagic shark catches are within sustainable limits. SPC

SPC’s focus will be also on some other more fragile bycatch species, including turtle. Awareness materials have been produced on the general bycatch issue (including sharks), and one the of main aims of the SPC Fisheries Development Section is to promote tuna fishing methods by Pacific Islanders that mitigate bycatch.

Regarding IUU fishing on the high seas, SPC is promoting responsible management of Pacific Islands open registries through the Divisional Maritime Programme Legal Section, and working towards instituting more formal mechanisms for provision of catch-effort information on high seas fisheries in the region through the Oceanic Fisheries Programme Statistics Section. SPC is also involved in obtaining information on subsistence village “IUU” fishing.

The SPC’s mandate does not extend to managing fishing capacity or implementing the Compliance Agreement.

Addressing Specific Issues

Implementation of the precautionary approach underlies all of SPC’s activities, advice to its members and relations with other regional organizations.

Where SPC assists in the development of inshore fisheries management policies, it builds in the precautionary approach into these policies. The precautionary approach has been clearly identified in the Pacific Islands Regional Ocean Policy (PIROP) under one of the guiding principles. The PIROP Vision Statement has been formally adopted as the vision statement of the SPC Marine Resources Division (this vision includes the scope of all Pacific Islands regional intergovernmental agencies).

SPC advocates a precautionary approach in relation to both resource exploitation and social aspects of fisheries. This means that a reasonable doubt about the sustainability of the fishery must exist before the precautionary approach can be invoked. If this reasonable doubt cannot be established, and if there is reasonable doubt that peoples’ basic livelihoods will be affected by a closure, then the criteria for invoking the precautionary approach would not be met.

SPC’s work is oriented towards ecosystem-based fisheries management in the context of the Oceanic Fisheries Programme on ecosystem understanding, supported by the EU and GEF, and of the reef fisheries work.

SPC is continually expanding in size, and undertakes strategic planning to develop strengthened organisational capacity.

Regarding fleet capacity, SPC advises countries during the course of developing national fishery development strategies, with the underlying philosophy that capacity should be incremented gradually. Further, SPC advises that actual fishing mortality should be reassessed after every new increment of fleet capacity, in relation to estimated sustainable limits. This is the preferred alternative to approving as many licences as possible, assessing the impact and then realizing that cut-backs are necessary; it promotes both sustainable local industry development and conservation.

SPC does not certify catches, but monitors them as much as possible through the SPC Pacific Islands-based Port Sampling Programme.

Other priority issues for SPC include management of reef fisheries (the concerns are associated with the live reef fish trade), development of an IPOA on turtles, fish export quality certification and tariff measures. Future developments surrounding agreement on the PRIOP could include building on agreed common principles and working towards a Global Ocean Policy.


[109] Information is unchanged from FIPL Circular 908.
[110] Information is unchanged from FIPL Circular 908.

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