Assessment of Compliance of Members and CNCPs

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1 2 nd Meeting of the Compliance and Technical Committee, Auckland, New Zealand: January 2015 Assessment of Compliance of Members and CNCPs Secretariat INTRODUCTION This paper reports on Member and Cooperating Non-Contracting Party (CNCP) compliance with Conservation and Management Measures (CMMs) adopted by the South Pacific Regional Fisheries Management Organisation (SPRFMO, some of the provisions in the Convention on the Conservation and Management of High Seas Fishery Resources in the South Pacific Ocean (Convention) and also the Organisations Rules of Procedure. The presented information is based upon data/reports which have been submitted to the Secretariat or presented at meetings of the Commission or its Subsidy bodies (such as the Scientific Committee). The Conservation and Management Measures which have been assessed include: CMM 1.02 CMM 1.04 Conservation and Management Measure for gillnets in the SPRFMO Convention Area (2 June 2013); Establishing a List of presumed to have carried out Illegal, Unreported and Unregulated fishing activities in the SPRFMO Convention Area (2 June 2013); CMM 2.01 Conservation and Management Measure for Trachurus murphyi (4 May 2014); CMM 2.02 Standards for the Collection, Reporting, Verification and Exchange of Data (12 May 2014); CMM 2.03 Management of Bottom fishing in the SPRFMO Convention Area (4 May 2014); CMM 2.04 Minimising bycatch of seabirds in the SPRFMO Convention Area (4 May 2014, effective 31 July 2015); CMM 2.05 Establishment of the Commission record of authorised to fish in the Convention Area (4 May 2014); CMM 2.06 Establishment of the Vessel Monitoring System in the SPRFMO Convention Area (4 May 2014); CMM 2.07 Minimum Standards of inspection in Port (4 May 2014, effective 1 January 2015) The Convention obligations which are addressed in this paper include: Convention Articles 24-26; Obligations of Members of the Commission; Flag State Duties; Port State Duties) Rules of Procedure 2.1, 2.2; Representation and Official contacts

2 In general throughout this paper, Nil is used when a Member or CNCP did not conduct fishing in the assessed fishery within the Area during that period. A blank cell indicates that the Member or CNCP did conduct fishing, but no information relevant to that measure has been provided to the Secretariat. Note all 2014 figures are preliminary, and assessments of compliance are made using the best information available at this time. CMM 1.02 Conservation and Management Measure for gillnets in the SPRFMO Convention Area 1. Members shall require that vessels flying their flag prohibit the use of large scale pelagic driftnets and all deep-water gillnets in the Convention Area. According to implementation reports received in 2014, Australia, New Zealand and have fully implemented this measure. The EU has partially implemented this measure (since 2002 all drift net have been prohibited for species listed in Annex Viii of council regulation No 894/97, as amended by No 1239/98). 2. Members whose flagged vessels seek to transit the Convention Area with gillnets onboard shall: a. Give at least 36 hours advanced notice to the Secretariat prior to entering the Convention Area. The Secretariat has not received any notifications from Members/CNCPs to indicate that any vessels transiting the Convention Area during 2014 were carrying gillnets. CMM 1.04 Establishing a List of presumed to have carried out Illegal, Unreported and Unregulated fishing activities in the SPRFMO Convention Area In 2014, no vessels were included in the SPRFMO IUU list. CMM 2.01 Conservation and Management Measure for Trachurus murphyi Effort management 4. Members and CNCPs shall limit the total gross tonnage (GT) 1 of vessels flying their flag and participating in the Trachurus murphyi fisheries in the Convention Area to the total tonnage of their flagged vessels that were actively fishing in 2007 or 2008 or 2009 in the Convention Area and as set out in Table 1 of CMM Members and CNCPs may substitute their vessels as long as the total level of GT for each Member and CNCP does not exceed the level recorded in that Table. Based upon monthly return information, no Members nor CNCPs that participated in the Trachurus murphyi fishery during 2014 exceeded their Gross tonnage limit as specified in CMM 2.01 paragraph 4. Catch Management 7. In the event that a Member or CNCP reaches 70% of its catch limit set out in Table 1, the Executive Secretary shall inform that Member or CNCP of that fact, with a copy to all other Members and CNCPs. That Member or CNCP shall close the fishery for its flagged vessels when the total catch of its flagged vessels is equivalent to 100% of its catch limit. Such Member or CNCP shall notify promptly the Executive Secretary of the date of the closure. and Vanuatu both pre-emptively advised the Secretariat that they had reached 70% of their (adjusted) catch 2

3 limit., the EU and Korea also reached 70% of their (adjusted) catch limits, and the other Members and CNCPs were copied into each notification/acknowledgement. Korea notified the Secretariat that it had closed its Jack mackerel fishery on 19 August 2014, and the Members & CNCPs were informed on 22 August A Member may transfer to another Member all or part of its entitlement to catch up to the limit set out in Table 3, subject to the approval of the receiving Member. Before the transferred fishing takes place, the transferring Member shall notify the transfer to the Executive Secretary for circulation to Members and CNCPs without delay. Vanuatu made arrangements to transfer 500 tons to Korea. This arrangement was approved by Korea. The EU made arrangements to transfer 4,400 tons to. This arrangement was approved by. All Members and CNCPs were kept informed about these transfers. Table 1: Established Catch Limits, Transfers and Preliminary 2014 Catch Totals for T. murphyi (t) Member/CNCP 2014 Catch limit (Table 3 CMM 1.01) Effect of Catch Transfers Preliminary 2014 Catch Total* European Union Faroe Islands Korea Russian Federation Vanuatu Un-allocated Total *Data only available up to and including October 2014 It does not appear likely that the total allowable catch of tonnes will be exceeded. 10. Members and CNCPs agree, having regard to the advice of the Scientific Committee that catches of Trachurus murphyi in 2014 throughout the range of the stock should not exceed tonnes. The total catch limit of is unlikely to be reached or exceeded. Data Collection and Reporting 11. Members and CNCPs participating in the Trachurus murphyi fishery shall report in an electronic format the monthly catches of their flagged vessels to the Secretariat within 10 days of the end of the month, in accordance with the Data Standards and using templates prepared by the Secretariat and available on the SPRFMO website. 3

4 Table 2: Assessment of compliance for 2014 Monthly Catch returns* Member/CNCP Expected of reports Number of reports % received within 20 days Vanuatu Korea European Union Panama Liberia Faroe Islands 0 7** n/a *Data only available up to and including October 2014 **all submissions were for NIL catches. All Members and CNCPs reported monthly catches in electronic format and using the provided templates. The Secretariat also received some information for Trachurus murphyi catches from fisheries within Areas under National Jurisdiction; this information was provided voluntarily and thus has not been assessed. 13. Except as described in paragraph 11 above, each Member and CNCP participating in the Trachurus murphyi fishery shall collect, verify, and provide all required data to the Executive Secretary, in accordance with the Data Standards and the templates available on the SPRFMO website, including an annual catch report. Please refer to the below section on CMM Members and CNCPs participating in the Trachurus murphyi fisheries shall implement a vessel monitoring system (VMS) in accordance with the SPRFMO Data Standards. These VMS data shall be provided to the Executive Secretary within 10 days of each quarter in the format prescribed by the SPRFMO Data Standards CMM 2.02 and using the templates on the SPRFMO website. Member/CNCP Table 3: Assessment of compliance for Quarterly 2014 VMS data Expected reports Received reports % Using templates Prescribed data format? % received within 10 days Reefer VMS data provided n/a n/a Korea n/a Vanuatu Yes European Union 2 2(10 1 ) No No Liberia 1 0 n/a n/a 0 No Panama 1 0 n/a n/a 0 No 1 The European Union provides VMS reports separately for each month and each vessel. Whilst the format of the data is correct, the reports are often not provided as using the excel template as specified in CMM Instead a pdf image of the data is provided. 2 The Korean VMS data for the 3 rd Quarter is still outstanding. 3 s VMS files are provided as a pdf images, and not as an excel files as specified in CMM VMS data for a number of the reefers which participated in the Trachurus murphyi fishery is outstanding. 4

5 16. Each Member and CNCP participating in the Trachurus murphyi fishery shall provide the Executive Secretary a list of vessels (Fishing vessels as defined in Article 1(h) of the Convention) they have authorized to fish in the fishery in accordance with Article 25 of the Convention and shall provide data in respect of those vessels in accordance with paragraph 5 of CMM 2.05 and other relevant CMMs adopted by the Commission. They shall also notify the Executive Secretary of the vessels that are actively fishing or engaged in transhipment in the Convention Area within 20 days of the end of each month. For information on authorized vessel submissions and active fishing vessels please refer to Annex 1. Information on vessels which were engaged in transhipment is shown in Table 4. Table 4: Assessment of compliance for 2014 transhipping vessels* Member/CNCP Transhipment operations** Reported operations % of reports within 20 days Korea Vanuatu European Union Panama Liberia *Data only available up to and including October 2014 **by vessel by month. Whilst the Secretariat generally receives complete information regarding transhipment activities for catcher vessels (including to whom they transhipped), reports concerning the activities of reefer vessels (involving catcher vessels from other Members/CNCPs) are generally omitted from monthly reports. 5

6 18. In order to facilitate the work of the Scientific Committee, Members and CNCPs shall provide their annual national reports, in accordance with the existing guidelines for such reports, in advance of the 2014 Scientific Committee meeting. Members and CNCPs shall also provide observer data for the 2014 fishing season to the Scientific Committee to the maximum extent possible. The reports shall be submitted to the Executive Secretary at least one month before the 2014 Scientific Committee meeting in order to ensure that the Scientific Committee has an adequate opportunity to consider the reports in its deliberations. Member/CNCP Table 5: Provision of annual reports to the Scientific Committee (SC) Report obligatory (CMM 2.01 para 18)? 2014 annual report provided Received 1 month prior to SC observer data provided to SC02* Australia No n/a No n/a USA No n/a Yes No Yes No European Union Yes No Korea Yes No 1 Yes No Colombia No No n/a Ecuador No No n/a New Zealand No No n/a Vanuatu Yes No No *Observer data as required under CMM2.01 Annual reports keep the Scientific Committee informed of Member and CNCP fishing, research and management activities during the previous (and often into the current) year. These reports are very important in helping to ensure the Scientific Committee keeps abreast of recent developments and delivers on its work plan. 1 actually provided 2 annual national reports to the SC covering both the SPRFMO area and also Areas under National Jurisdiction. 6

7 19. In accordance with Article 24(2), all Members and CNCPs participating in the Trachurus murphyi fishery shall provide, at least 10 days before the 2015 meeting of the Compliance and Technical Committee (CTC), a report describing their implementation of this CMM. The Secretariat is not able to assess compliance with this paragraph yet, however a similar provision was in CMM 1.01 last year and compliance with that provision is presented in Table 6. Table 6: Provision of implementation report to the Compliance and Technical Committee (CTC) Member/CNCP Report obligatory (CMM 2.01 para 19)? 2014 Implementation report provided Received 10 days prior to CTC 01 Australia No Yes Yes USA No Vanuatu Yes European Union Yes No Faroe Islands No No Korea Yes No New Zealand No No Yes No No No 22. Until the Commission adopts an Observer Programme in accordance with Article 28 of the Convention, all Members and CNCPs participating in the Trachurus murphyi fishery shall ensure a minimum of 10 % scientific observer coverage of trips for vessels flying their flag and ensure that such observers collect and report data as described in the SPRFMO Data Standards CMM In the case of the flagged vessels of a Member or CNCP undertaking no more than 2 trips in total, the 10% observer coverage shall be calculated by reference to active fishing days for trawlers and sets for purse seine vessels. The Secretariat is not able to assess compliance with this paragraph yet, however a similar provision was in CMM 1.01 last year and self- assessed compliance with that provision is presented in Table 7. It should be noted that the Secretariat is unable to verify the coverage presented in Table 7 because Trip information is not currently submitted to the Secretariat. Table 7: Self-reported Observer coverage in the 2013 T. murphyi fishery Member/CNCP Observer coverage % Korea Vanuatu European Union

8 CMM 2.02 Standards for Collection, Reporting, Verification and Exchange of Data Data on fishing activities and the impacts of fishing 1 (a) Ensure that for each calendar year, Members and CNCPs collate annual catch totals raised to live weight for all species/ species groups caught during that year, and that these are collated as described in Annex 13. Members and CNCPs will provide by the 30th September, their previous year s (January to December) annual catch totals raised to live weight for all species/ species groups caught; Table 8: Assessment of compliance for Annual Catch totals Member/CNCP 2013 annual catch provided Received prior to 30 th Sept Consistent with Annex 14 Australia European Union New Zealand Vanuatu 1 No Korea 1 Partial 2 No Belize Nil n/a n/a Colombia Nil n/a n/a Cook Islands Nil n/a n/a Cuba Nil n/a n/a Ecuador Nil n/a n/a Faroe Islands Nil n/a n/a Liberia Nil n/a n/a Panama Nil n/a n/a Russian Federation Nil n/a n/a USA Nil n/a n/a 1 The Korean and Vanuatu Annual catch totals were extracted from the SC annual national reports. 2 Korea also did not provide an annual catch total for squid during 2013, although fishing activity data for Squid was provided. 1 (b) Ensure that data on fishing activities are collected from vessels according to the operational characteristics of each fishing method. 1 (c) Ensure that data to assess the impacts of fishing on non-target and associated or dependent species are collected from vessels. 1 (d) Ensure that data on landings and transhipment are collected from vessels according to Annexes 11 and 12 respectively. The Secretariat has not assessed what information is collected by national programs. 8

9 1 (e) Compile data on fishing activities and the impacts of fishing and provide these in a timely manner to the Secretariat of the South Pacific Regional Fisheries Management Organisation (SPRFMO). Such data are to be provided in sufficient detail to facilitate effective stock assessment. Members and CNCPs will provide by the 30th June, their previous (January to December) year s data on fishing activities and the impacts of fishing described in sections 1b) 1d) above. Member/CNCP Table 7: Assessment of compliance for 2013 Fishing Activities (1b) 2013 detailed fishing activity data provided Includes non-target species (1c) Received prior to 30 th June Consistent with Annexes 1-6 European Union Australia Partial 1 Korea Partial 1 New Zealand Partial 1 No No Vanuatu No Partial 1 Partial 2 Partial 1 Summary only 3 No 4 No Belize Nil n/a n/a n/a Cook Islands Nil n/a n/a n/a Colombia Nil n/a n/a n/a Cuba Nil n/a n/a n/a Ecuador Nil n/a n/a n/a Faroe Islands Nil n/a n/a n/a Liberia Nil n/a n/a n/a Panama Nil n/a n/a n/a Russian Federation Nil n/a n/a n/a USA Nil n/a n/a n/a * has only conducted squid jigging in the Area, which may explain its lack of non-target species information 1 Many detailed Fishing activity data files require various corrections in order to make them fully consistent with Annex s 1-6 and able to be loaded into the SPRFMO database. This work can be substantial in some cases. 2 has not provided detailed 2013 Squid jigging information. 3 has provided the catch and number of vessels summarised into 5 by 5 degree areas by year. CMM 2.02 requires detailed fishing activity data to be submitted on an un-summarised fishing event basis. 4 has advised the Secretariat that due to the fishing pattern of squid jigging vessels there is no information about non-target species. 9

10 Member/CNCP Table 8: Assessment of compliance for 2013 Landings and Transhipment data (1d) Information provided Landings Data Received before 30th June Consistent with Annex 11 Information provided Transhipment data Received before 30th June Consistent with Annex 12 Vanuatu Korea Partial 1 Nil n/a n/a New Zealand Partial 1 Australia Partial 1 Nil n/a n/a European Union Partial 1 Partial 1 Partial 1 Partial 1 Partial 2 Partial Nil n/a n/a Belize Nil n/a n/a Nil n/a n/a Cook Islands Nil n/a n/a Nil n/a n/a Colombia Nil n/a n/a Nil n/a n/a Cuba Nil n/a n/a Nil n/a n/a Ecuador Nil n/a n/a Nil n/a n/a Faroe Islands Nil n/a n/a Nil n/a n/a Russian Federation Nil n/a n/a Nil n/a n/a USA Nil n/a n/a Nil n/a n/a Liberia 3 n/a n/a n/a n/a n/a n/a Panama 3 n/a n/a n/a n/a n/a n/a 1 Many of the Landings and Transhipment data files require various corrections in order to make them fully consistent with Annex s 11 & 12 and able to be loaded into the SPRFMO database. This work can be substantial in some cases. 2 has not submitted 2013 Landing s or Transhipment data for squid. 3 Liberia and Panama only became CNCPs during 2014, hence they have not been assessed for

11 Observer data 2 (c) Data Provision Observer data should be provided to the Secretariat of the SPRFMO in a standardised format, to be included in a SPRFMO Observer Database. Specifications and standards for Observer data submissions are on the SPRFMO website. Until the Secretariat determines a change is needed, observer data will be submitted in Microsoft Excel format. Members and CNCPs will provide by the 30th September, their previous (January to December) year s data. Member/CNCP Table 9: Assessment of compliance for 2013 Observer data Observer data provided Received prior to 30 th Sept Excel template Prescribed data format? European Union Australia Partial New Zealand Partial No 1 Partial Korea Partial 2 Partial Belize Nil n/a n/a n/a Nil n/a n/a n/a Cook Islands Nil n/a n/a n/a Colombia Nil n/a n/a n/a Cuba Nil n/a n/a n/a Ecuador Nil n/a n/a n/a Faroe Islands Nil n/a n/a n/a Liberia Nil n/a n/a n/a Panama Nil n/a n/a n/a Russian Federation Nil n/a n/a n/a Nil n/a n/a n/a USA Nil n/a n/a n/a Vanuatu No 3 No n/a n/a The current Observer template is designed to only accept one observer trip per file. This means that some Members submit a large number of single files (e.g. s 2014 observer submission consists of 309 files). 1 s 2013 observer data was submitted as a pdf image and cannot be loaded as some of the data is unreadable. 2 Korea s observer data were received prior to last year s SC meeting, and hence do not contain information for the last 3 months of Vanuatu has not supplied 2013 observer data. (d) Annual Reporting All SPRFMO Members and CNCPs should provide annual observer implementation reports, which should include sections covering: observer training, programme design and coverage, type of data collected, and any problems encountered during the year. These reports shall be adequate enough to allow the Compliance and Technical Committee, the Scientific Committee or the Commission to evaluate the implementation and effectiveness of observer programmes implemented under this standard. The only annual observer implementation report submitted during 2014 was from New Zealand. 11

12 CMM 2.03 Management of Bottom fishing in the SPRFMO Convention Area Management of bottom fishing and fisheries 8. In respect of bottom fisheries, Members and CNCPs agree to: (a) Prepare and submit to the Scientific Committee a bottom fishing footprint as defined in paragraph 6, and a bottom fishing impact assessment, in accordance with paragraphs 10 to 15. The following 4 members have submitted bottom fishing footprints: Australia,, Korea and New Zealand. (b) Prohibit vessels flying their flag from participating in bottom fishing activities in the Convention Area, except in accordance with the provisions of this CMM. Australia and New Zealand have adjusted their high seas permits so that they align with this CMM. (c) Except as provided for in paragraphs 16 to 20 below, limit bottom fishing catch in the Convention Area to a level that does not exceed the annual average levels of that Member or CNCP over the period 1 January 2002 to 31 December Table 10: Average annual catch levels, 2013 actual catches and preliminary 2014 catches for Bottom fishing (t) Member/CNCP Average catch Bottom fishing catch Preliminary 2014 Catch Total* Australia New Zealand *Data only available up to and including October 2014 (d) Except as provided for in paragraphs 16 to 20 below, restrict bottom fishing to within the bottom fishing footprint of that Member or CNCP established in accordance with sub-paragraph (a). The Secretariat has not performed a comparison between bottom fishing activity data and submitted Bottom fishing footprints. Australia has reported that all fishing operations during 2013 were conducted within its bottom fishing footprints. New Zealand did not report any compliance issues during (e) Pending the development of an SPRFMO Observer Program and until the Scientific Committee undertakes the assessments provided for in paragraph 5 (a) and (b) of this CMM: i. for vessels using trawl gear in the Convention Area, ensure 100 percent observer coverage for vessels flying their flag for the duration of the trip. ii. for each other bottom fishing gear type, ensure that there is at least a 10 percent level of observer coverage each fishing year. The achieved observer coverage in bottom fisheries during 2013 is show in Table 11. A clear definition of coverage level is currently absent, so the Secretariat has used days upon which a fishing event occurred as an interim measure where necessary. 12

13 Table 11: Observer coverage in bottom fisheries during 2013 Member/CNCP Trawl % midwater % Other methods%* Australia 100 n/a 31 New Zealand * Calculated using days upon which fishing events occurred. (f) Until the Scientific Committee has developed advice on SPRFMO threshold levels pursuant to paragraph 5(c) of this CMM, establish threshold levels for encounters with VMEs for vessels flying their flag, taking into account paragraph 68 of the FAO Deep-sea Fisheries Guidelines; Australia and New Zealand have both established threshold levels for VME encounters. (g) Require vessels flying their flag to cease bottom fishing activities within five (5) nautical miles of any site in the Convention Area where evidence of a VME is encountered above threshold levels established under sub-paragraph (f) in the course of fishing operations, and to report the encounter to the Secretariat of the Commission in accordance with the guidelines at Annex 1, so that appropriate action can be taken in respect of the relevant site. The Secretariat has not received any reports of VME encounters since (h) Notwithstanding sub-paragraphs (d) and (g) above, a Member or a CNCP may exclude part of its bottom fishing footprint from the application of sub-paragraph (g) by dividing its footprint into areas open to bottom fishing, areas closed to bottom fishing and areas to which sub-paragraph (g) would apply. These exclusions must have the purpose of preventing significant adverse impacts to VMEs. New Zealand has decided to divide its bottom fishing footprint into open (29%), move-on (30%) and closed areas (41%). Assessment of bottom fishing 10. No Member or CNCP shall authorize their flagged vessels to engage in any bottom fishing within the Convention Area unless they have undertaken an assessment of the impact of their flagged vessels bottom fishing. Any assessment carried out after 2011 must be done in accordance with the FAO Deep-sea Fisheries Guidelines, and taking into account the SPRFMO BFIAS and areas identified where VMEs are known or suspected to occur in the area to be fished. When preparing assessments, Members and CNCPs will take into account the information provided pursuant to paragraph 23 of this CMM. 11. Assessments by Members or CNCPs shall also address whether the proposed activities achieve the objectives described in paragraph 1 of this CMM and Article 2 of the Convention. Assessments have been provided by Australia (2011), the European Union (2009) and New Zealand (2009). 14. Members and CNCPs shall ensure that assessments are updated when a substantial change in the fishery has occurred, such that it is likely that the risk or impacts of the fishery may have changed. There have been no updates so far, and the Secretariat has not been advised of any substantial changes. 13

14 Fishing outside the footprint or above reference period catch levels 16. Notwithstanding paragraphs 8(c) and (d), a Member or CNCP may apply to the Commission to either: a. undertake bottom fishing in the Convention Area where they do not have a bottom fishing footprint; b. undertake bottom fishing in the Convention Area but outside their footprint established in accordance with paragraph 8(a); or c. exceed the average level of catch for bottom fishing established in accordance with paragraph 8(c). No applications have been received so far. Vulnerable Marine Ecosystems 23. Members and CNCPs shall cooperate to identify, on the basis of the best available scientific information, areas where VMEs are known or likely to occur in the Convention Area and to map these sites, and provide such data and information to the SPRFMO Secretariat for circulation to all Members and CNCPs. The Secretariat currently has 2 GIS layers that show where VMEs are likely to occur (Kitchingman & Lai (2004) Predicted Seamounts & Allain et al. (2008) Validated Seamounts). Both Australia and New Zealand have indicated that they are actively conducting research in this area. In addition, during , New Zealand provided information on where encounters with possible VMEs have occurred. Monitoring, control and reporting of bottom fishing 24. All Members and CNCPs whose vessels participate in bottom fishing shall, inter alia: (a) ensure that their vessels are equipped and configured so that they can comply with all relevant SPRFMO CMMs and shall only authorize their vessels to fish in the Convention Area where they are able to exercise their responsibilities as a flag State under the Convention and the CMMs; Only Australia, and New Zealand have described their management systems and legislative requirements as they relate to bottom fishing within the SPRFMO Area (refer SMG-10-DW-01b, SPRFMO-VI-SGW-04 and SP-07- SWG-INF-01). (b) ensure that vessels meet the level of observer coverage specified in paragraph 8(e) of this CMM to collect data in accordance with this and other CMMs; Table 11 shows that all vessels operating in the SPRFMO bottom fisheries met the specified level of observer coverage during Thus far in 2014, Australia has advised that of its bottom fishing trawl trips was conducted without observer coverage. (c) prohibit their vessels from participating in bottom fishing if the agreed minimum required data submissions have not been provided in accordance with the agreed subset of the vessel identification data requirements, The Secretariat does not have the necessary information to assess this measure. (d) require each of their vessels to operate a vessel monitoring system polling once every two hours for the duration of the trip, and report back to its flag state in accordance with the SPRFMO Data Standards or any other relevant CMM; The Secretariat does not have the necessary information to assess this measure. (e) in respect of each vessel, submit VMS reports in an electronic format to the Secretariat in accordance with any VMS CMM adopted by the Commission; and A VMS has not yet been adopted by the Commission. 14

15 (f) report, in an electronic format, the monthly catches of their flagged vessels to the Secretariat within 20 days of the end of each month, in accordance with the SPRFMO Data Standards. Table 12: 2014 Monthly Catch returns for bottom fishing* Member/CNCP Number of reports Expected Number of reports % received within 20 days Australia New Zealand *Data only available up to and including October 2014 CMM 2.04 Minimising bycatch of seabirds in the SPRFMO Convention Area 5. Members and CNCPs shall implement this CMM by July 31st 2015 unless decided otherwise by the Commission based on the results of the Scientific Committee s consideration of the issue at its 2014 meeting. The measure is not yet binding. CMM 2.05 Establishment of the Commission record of authorised to fish in the Convention Area 1. The appropriate government authorities of Members and Cooperating Non Contracting Parties (CNCP) shall only authorise fishing vessels flying their flag to fish in the Convention Area where they are able to exercise effectively their responsibilities in respect of such vessels under the Convention, including relevant conservation and management measures adopted by the Commission, and in accordance with relevant international law. There have been a number of instances during 2014 where authorised vessels have been suspected to have engaged in IUU activities including: vian authorised vessels engaging in transhipment with an unauthorised reefer; operating in the Area without authorisation (under both Russian and vian flags); A Panama flagged reefer operating in the Area without being on the Commissions list of authorised vessels; Chinese vessels engaging in bunkering activities with an unauthorised tanker; The list of vessels authorised for 2014 including active vessels and information on Transhipment can be found in Annex Each Member and CNCP will take into account the history of fishing vessels and operators with respect to their compliance (or non-compliance) with relevant conservation and management measures when considering whether or not to authorise a particular fishing vessel flying its flag to fish in the Convention Area. Members and CNCPs shall ensure that no authorisation to fish in the Convention Area is issued to a vessel included on any Regional Fisheries Management Organization illegal, unreported and unregulated (IUU) list. No vessel currently included in the SPRFMO vessel list is currently on an IUU list from another Organisation. 15

16 3. Each Member or CNCP shall take necessary measures to ensure that vessels flying their flag and authorised to fish in the Convention Area have a sufficient level of ownership by citizens, residents or legal entities within its jurisdiction to allow enforcement action to be effectively taken against them. The Secretariat has no information to ascertain this. 4. Each Member and CNCP is to maintain a register of fishing vessels entitled to fly its flag and authorised to fish in the Convention Area. 5. Members and CNCPs are to collect and include for each vessel on its register of fishing vessels entitles to fly its flag and authorised to fish in the Convention area, the data described in Annex 1 of this Measure. 6. Members and CNCPs shall inform the Executive Secretary of the vessels flying their flag authorised to fish in the Convention Area at least 15 days previous to the first entry of such vessels in the Convention Area. In doing so, Members or CNCP shall provide the Executive Secretary the vessels details, as indicated in Annex 1 of this Measure. Table 12: Assessment of vessel data provided since May 2014 under CM 2.06 Member/CNCP Vessel data provided Under CMM 2.06 Consistent with Annex 1 European Union Liberia Vanuatu Australia Korea Panama Partial 1 New Zealand Partial 2 1 has not provided images for its 362 authorised vessels. 2 New Zealand has not provided images for its 22 authorised vessels. The Secretariat notes that vessel images and updated details have not been provided for those vessels which were placed on the authorised vessel list prior to CMM 2.06 coming into force. 7. Members and CNCP shall ensure that the data of the vessels flying their flag authorised to fish in the Convention Area is updated. Any modification regarding the vessel data shall be informed by the relevant Member or CNCP to the Executive Secretary within 15 days after such modification. 8. Members and CNCP shall inform the Executive Secretary when authorisations to fish in the Convention area are revoked, relinquished or otherwise no longer valid. This information shall be submitted immediately or in any case in no more than 3 days of the date of invalidity of the authorisation. Only has informed the Secretariat about revoked authorisations (14), however in 6 cases this information was submitted 1 month after the authorisations had become invalid. 16

17 11. The Record of shall indicate which of the authorised vessels have been actively fishing for each year. To this end each Member and CNCP participating in fishing activities in the Convention shall notify the Executive Secretary of the vessels that are actively fishing or engaged in transhipment in the Convention Area. In the case of vessels involved in the Trachurus murphyi fishery, this information shall be submitted within 20 days of the end of each month. For vessels involved in other fisheries within the Convention area, this information shall be submitted on annually basis, within 30 days of the end of the year. The Executive Secretary shall maintain lists of the vessels so notified and will make them available on the SPRFMO website. Compliance with this requirement is partially shown in Table 2 (as monthly reports for the Trachurus murphyi fishery also contain information on actively fishing and transhipment vessels). Information on vessels active in other 2014 fisheries will not be due until 30 January The current SPRFMO record of vessels is shown in Annex 1. CMM 2.06 Establishment of the Vessel Monitoring System in the SPRFMO Convention Area This Measure deals with how a SPRFMO Commission VMS system is to be implemented and does not impose any Member or CNCP requirements. CMM 2.07 Minimum Standards of inspection in Port 35. This CMM shall enter into force on January 1, This Measure will become effective from 1 January Due to that timing, a more comprehensive evaluation will be carried out in the 2016 Compliance report. Nevertheless the Secretariat does note the following early submissions and activity: New Zealand has transmitted their point of contact information to the Secretariat; Both and New Zealand have both provided the Secretariat with a list of designated ports The Secretariat has also received the following port inspection reports: o LAFAYETTE in April 2014 o MAARTJE THEADORA in May and July 2014 o AURORA in June 2014 o SAXON ONWARD in June 2014 New Zealand o VOYAGER P in June and July 2014 New Zealand o ANNELIES ILENA in August 2014 No infringements from port inspections were reported to the Secretariat. 17

18 Convention Art (Obligations of Members of the Commission; Flag State Duties, Port State Duties) The Convention stipulates that Members of the Commission: shall take measures and cooperate to ensure compliance by its nationals, or fishing vessels owned, operated or controlled by its nationals, with the provisions of this Convention and any conservation and management measures adopted by the Commission, and immediately investigate any alleged violation of such provisions and measures. Members of the Commission shall provide reports on the progress of the investigation to the Commission (24.3); shall take all necessary measures to ensure that fishing vessels flying its flag do not engage in any activity which undermines the effectiveness of such measures when operating in the Convention Area (25.1a); shall not allow any fishing vessel entitled to fly its flag to be used for fishing in the Convention Area unless it has been authorised to do so by the appropriate authority or authorities of that member of the Commission (25.2); shall investigate immediately and report fully on actions taken in response to any alleged violation by fishing vessels flying its flag of the provisions of this Convention or any conservation and management measure adopted by the Commission (25.3c); is encouraged to ensure that fishing vessels flying its flag operate in the Convention Area in accordance with applicable international obligations, and with regard to relevant recommendations and guidelines, regarding safety at sea for vessels and their crews (25.4). give effect to conservation and management measures adopted by the Commission in relation to the entry and use of its ports by fishing vessels that have engaged in fishing in the Convention Area including, inter alia, with respect to landing and transhipment of fishery resources, inspection of fishing vessels, documents, catch and gear on board, and use of port services (26.2a) In the event that a member of the Commission considers that a fishing vessel making use of its ports has violated a provision of this Convention or a conservation and management measure adopted by the Commission, it shall notify the flag State concerned, the Commission and other relevant States and appropriate international organisations. The member of the Commission shall provide the flag State and, as appropriate the Commission with full documentation on the matter, including any record of inspection (26.3) In 2014, there were several incidents of unauthorised fishing vessels that were suspected of IUU fishing in the SPRFMO Area whilst flying the flag of a SPRFMO Member or CNCP (involving the European Union, Panama, Russian Federation and ). In each case, the Secretariat has contacted the flag State concerned to inform the authorities of the situation and to request their cooperation. The vessels in question have been included in the 2014 SPRFMO Draft IUU list. In response to enquiries made by the Secretariat Belize,, the EU, Liberia and have all provided information which the Secretariat believes will be helpful in determining if IUU fishing activates have occurred in the SPRFMO Area. 18

19 Rules of Procedure: Representation and Official contacts Each Member of the Commission, each territory referred to in Article 40 of the Convention and observers referred to in Rule 9 shall formally notify the Executive Secretary of the names of its designated representative and any alternative representatives, experts and advisers as far in advance of any meeting as possible. (Rule 2.1) Each Member of the Commission and each territory referred to in Article 40 of the Convention shall, as soon as possible after the adoption of these rules, notify the Executive Secretary of one or more Official Contacts who shall, for the purposes of official communications between the Commission and the Member, including all notifications, invitations and communications made pursuant to these rules, be the official points of contact. (Rule 2.2) The Secretariat currently has incomplete information regarding official contacts as shown in Table 13. The formal notifications that the Secretariat has received in advance of SPRFMO meetings are shown in Table 14. Table 13: Official contact information Member/CNCP Secretariat has Official contacts Most recent update Australia Yes Nov 2013 Belize Yes Aug 2013 Yes Sept 2014 Yes Sept 2013 European Union Yes Aug 2013 Korea Yes Oct 2014 New Zealand Yes Oct 2013 Yes Oct 2014 Russian Federation Yes Aug 2013 Yes Feb 2013 Colombia Cook Islands Cuba Ecuador Faroe Islands Liberia Panama USA Vanuatu No No No No No No No No No The Secretariat is experiencing varying degrees of responsiveness from Members and CNCPs. The Secretariat believes that a lack of response to correspondence, when specifically requested, impacts the effectiveness of the organisation. 19

20 Table 14: Formal notifications of attendance received for meetings held during 2014 Member/CNCP Represented at Comm-02? Prior notification received? Represented at SC-02? Prior notification received? Australia Yes Yes Yes Yes European Union Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes No Yes Yes Yes No Ecuador Yes Yes Yes No New Zealand Yes Yes Yes No Russian Federation Yes Yes Yes No Faroe Islands Yes Yes No n/a Liberia Yes Yes No n/a Cook Islands Yes Yes No n/a Panama Yes Yes No n/a Vanuatu Yes Yes No n/a Korea Yes No Yes No USA Yes No Yes Yes Colombia No n/a Yes No Belize No n/a No n/a Cuba No n/a No n/a 20

21 Annex 1: 2014 Condensed SPRFMO Record of Vessel Name IMO Number Participant SOUTHERN CHAMPION SAXON ONWARD VOYAGER P AUSTRAL LEADER II DIANA PETUNA ENDEAVOUR Australia Australia Australia Australia Australia Australia BETANZOS BIOMAR III CABO DE HORNOS COCHA COTE SAINT JACQUES DIEGO RAMIREZ Vessel Previous Name Vessel Previous Flag Nambia DON ENRIQUE FOCHE FRIOSUR IX FRIOSUR VIII FRIOSUR X ISLA ORCAS Epesa 6 LONQUIMAY PELAGOS II PELIKAN Bjorgvin Norway POLARIS II Jon Baldvinsson Portugal Fishing Vessel Type - Factory GT Authorisation Start Date Authorisation End Date 1 Dec Jan Dec-14 Authorised May Dec-14 Authorised 321 (GRT) 1-Jan Dec-14 Authorised Jan Dec-14 Authorised 155 (GRT) 1-Jan Dec-14 Authorised 200 (GRT) 1-Jan Dec-14 Authorised Apr Dec-99 Authorised May Dec-99 Authorised Jun Dec-99 Authorised 86 (GRT) 28-Jul Dec-99 Authorised Jun Dec-99 Authorised Jun Dec-99 Authorised Jul Dec-99 Authorised (GRT) 28-Jul Dec-99 Authorised Jan Dec-99 Authorised May Dec-99 Authorised Jan Dec-99 Authorised (GRT) 28-Jul Dec-99 Authorised (GRT) 28-Jul Dec-99 Authorised Aug Dec-99 Authorised Aug Dec-99 Authorised Aug Dec-99 Authorised Actively fishing for Trachurus murphyi Engaged in Transhipment Actively Bottom Fishing

22 UNIONSUR UNZEN VAMA II AGUILA REAL ALBIMER ALCANTARA ALCONES De Zwee Gebroeders Netherlands ALERCE Lima 1 ANGAMOS 1 ANGAMOS 2 ANGAMOS 3 Libra ANGAMOS ANGAMOS ARAUCO I AREQUIPA IV Arequipa 4 AREQUIPA VII ATACAMA IV ATACAMA V AUDAZ AVENTURERO BANDURRIA Jun Dec-99 Authorised Jun Dec-99 Authorised Jul Dec-99 Authorised Aug Dec-99 Authorised Apr Dec-99 Authorised May Dec-99 Authorised Jul Dec-99 Authorised (GRT) 31-Jul Dec-99 Authorised Jul Dec-99 Authorised Jul Dec-99 Authorised Jul Dec-99 Authorised Jul Dec-99 Authorised Jul Dec-99 Authorised Jan Dec-99 Authorised (GRT) 1-Jan Dec-99 Authorised May Dec-99 Authorised Jul Dec-99 Authorised Sep Dec-99 Authorised Jul Dec-99 Authorised Jul Dec-99 Authorised Jan Dec-99 Authorised

23 BARRACUDA IV BIO Con con BIOMAR IV BIOMAR V BLANQUILLO BONN BRONCO BUCANERO I CAMIÑA CAROLINA III CAZADOR CHIVILINGO I CLAUDIA ALEJANDRA COBRA COLCHANE COLLEN Huanuco 5 CORAL I CORMORAN Pasco VII CORPESCA 2 CORPESCA I CORSARIO I Jul Dec-99 Authorised (GRT) 8-Aug Dec-99 Authorised May Dec-99 Authorised May Dec-99 Authorised Jul Dec-99 Authorised Jun Dec-99 Authorised Jan Dec-99 Authorised Jan Dec-99 Authorised Yes Jul Dec-99 Authorised Dec Dec-99 Authorised Jun Dec-99 Authorised Oct Dec-99 Authorised Jul Dec-99 Authorised Jan Dec-99 Authorised Aug Dec-99 Authorised (GRT) 3-Oct Dec-99 Authorised Sep Dec-99 Authorised Jul Dec-99 Authorised Jan Dec-99 Authorised Jul Dec-99 Authorised Jan Dec-99 Authorised

24 COSTA GRANDE 1 COSTA GRANDE 2 COSTA GRANDE 3 COSTA GRANDE 4 DON ALFONSO DON ANTONIO Arequipa DON BORIS DON EDMUNDO DON ERNESTO AYALA MARFIL DON GINO DON JULIO DON MANUEL DON PETER DON TELESFORO DON TITO DUQUECO EPERVA EPERVA EPERVA Chistian í Grótinum Faroe Islands EPERVA Tacna Jul Dec-99 Authorised (GRT) 3-Oct Dec-99 Authorised Sep Dec-99 Authorised Sep Dec-99 Authorised Jan Dec-99 Authorised Aug Dec-99 Authorised Sep Dec-99 Authorised Yes (GRT) 8-Aug Dec-99 Authorised Jul Dec-99 Authorised Jul Dec-99 Authorised Jan Dec-99 Authorised Yes Sep Dec-99 Authorised Yes (GRT) 20-Aug Dec-99 Authorised Jan Dec-99 Authorised Sep Dec-99 Authorised Yes Jan Dec-99 Authorised (GRT) 20-Aug Dec-99 Authorised Aug Dec-99 Authorised (GRT) 8-Aug Dec-99 Authorised (GRT) 31-Jul Dec-99 Authorised

25 EPERVA Tacna 9 EPERVA Tacna 10 EPERVA Tirana EPERVA 56 EPERVA 57 EPERVA EPERVA EPERVA EPERVA EPERVA EPERVA EPERVA EPERVA ERIKA ESTURION FRANCISCO GAVILAN Lima 4 GENESIS II GUALLATIRE GUANAYE GUANAYE (GRT) 31-Jul Dec-99 Authorised (GRT) 31-Jul Dec-99 Authorised (GRT) 20-Aug Dec-99 Authorised Jul Dec-99 Authorised Jul Dec-99 Authorised Jul Dec-99 Authorised Jul Dec-99 Authorised Jul Dec-99 Authorised Jul Dec-99 Authorised Aug Dec-99 Authorised Jul Dec-99 Authorised Jul Dec-99 Authorised Jul Dec-99 Authorised Jan Dec-99 Authorised Jul Dec-99 Authorised Apr Dec-99 Authorised Jul Dec-99 Authorised May Dec-99 Authorised Jul Dec-99 Authorised Aug Dec-99 Authorised Jan Dec-99 Authorised

26 HALCON Cuzco VIII HUAYQUIQUE HURACAN ICALMA INTREPIDO ISLUGA JAVIER JOSEPH M. HAMWEE KINGS BAY LA HUAICA LIBAS LICANTEN LIDER LIGRUNN LIVILCAR Epesa 1 LOA 1 Piura 4 LOA 2 Piura 5 LOA 4 Piura 2 LOA 5 Piura 1 LOA 7 LONCO Jan Dec-99 Authorised (GRT) 20-Aug Dec-99 Authorised Jul Dec-99 Authorised Aug Dec-99 Authorised Jul Dec-99 Authorised Aug Dec-99 Authorised Jan Dec-99 Authorised Aug Dec-99 Authorised Jan Dec-99 Authorised Jul Dec-99 Authorised Jan Dec-99 Authorised Sep Dec-99 Authorised Jan Dec-99 Authorised Dec Dec-99 Authorised (GRT) 31-Jul Dec-99 Authorised (GRT) 26-Sep Dec-99 Authorised (GRT) 26-Sep Dec-99 Authorised (GRT) 26-Sep Dec-99 Authorised (GRT) 28-Jul Dec-99 Authorised Jul Dec-99 Authorised Jan Dec-99 Authorised Yes

27 MACK MALLECO MANUEL ROJAS MAR DEL NORTE MAR DEL PLATA Cuzco MAR DEL SUR MAR TIRRENO MARIA IGNACIA II MARIA JOSE MARLIN MATIAS MERO OFICINA VIGO OGRI ORDINAT PACHICA Lambayeque 5 PANIAHUE PANILONCO PARINA I PARINACOTA PATILLOS Tacna Jan Dec-99 Authorised Jan Dec-99 Authorised (GRT) 20-Jul Dec-99 Authorised Aug Dec-99 Authorised Jul Dec-99 Authorised Aug Dec-99 Authorised Jul Dec-99 Authorised Jan Dec-99 Authorised Jan Dec-99 Authorised Jul Dec-99 Authorised Jan Dec-99 Authorised Jul Dec-99 Authorised Jul Dec-99 Authorised May Dec-99 Authorised Jun Dec-99 Authorised (GRT) 31-Jul Dec-99 Authorised Oct Dec-99 Authorised Jun Dec-99 Authorised Yes Jul Dec-99 Authorised Aug Dec-99 Authorised (GRT) 31-Jul Dec-99 Authorised

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