E - Iccat

INTEGRATED MONITORING MEASURES - FUNCHAL 2003
Entities (CPCs) used for or intended for use for the purpose of fishing activities conducted on fisheries resources
in the Convention area.” The Articles thereafter concerned should include CPCs in order to respect the rights of
Cooperating non-Contracting Parties, Entities and Fishing Entities.
2. As conducting high seas boarding and inspection procedure, the sequence should be organized as flag
state duties, bilateral arrangements and ICCAT duties
As indicated in the Needs and Principles of the General Outline of the Monitoring Measures [see Annex 7 to the
2002 Commission Report], flag state duties are one of the components of monitoring measures. The flag State
should have the primary rights to take monitoring measures in regard to vessels entitled to fly its flag in the
ICCAT Convention area, including conducting high seas boarding and inspection.
It should be when the flag State cannot fulfill its duty to effectively control and monitor its vessels that another
State, with the flag State’s approval, may then intervene by reaching a bilateral agreement or, as indicated in this
EC draft, a mutual agreement should first be concluded before such kind of boarding and inspection may be
carried out.
Should a bilateral agreement still not effectively control and monitor vessels, ICCAT may finally intervene to
conduct boarding and inspection procedure. An objective, impartial, and transparent procedure shall be
established for inspector designated by ICCAT to observe, so as to receive trust and ensure rights and interests of
inspected vessels.
3. An ad hoc Dispute Settlement Panel shall be established for the purposes of addressing all possible
disputes and damages arising from the implementation of the boarding and inspection procedure under
this scheme.
Boarding and inspection is an issue of high sensitivity. It can be expected that all members of the Commission
will have a strong opinion towards this scheme. Our main concern is that implementation of this boarding and
inspection scheme, by the nature of things, will lead to a lot of disputes. There shall be prompt and efficient
remedies for the damages suffered by fishing vessels and their crew. As a result, it is preferable to establish an
ad hoc panel specifically designated for the purpose of settling disputes arising from the implementation of this
scheme and awarding the damages to those who are unjustifiably suffering.
4. Transmission of information by the satellite-tracking device shall be at least every 24 hours, and the
device shall be repaired or replaced within two months.
Paragraph 3, Article 9, establishes that the transmission of information by satellite tracking device shall be at
least every six hours, and the devices shall be repaired or replaced within one month. As we know, the moving
of tuna longline fishing vessels is relatively slow. Therefore, transmitting the information required by ICCAT at
least 24 hours is appropriate and at the same time without disturbing the normal operation of vessels. Further,
repair or replacement of the device sometimes needs assistance from transport vessels or other fishing vessels to
transport a new device. Prolonging the limit period from one month to two months is recommended.
Draft Recommendations
Appendix 5 to ANNEX 4.1
5.1 Draft Recommendation by ICCAT Concerning the Duties of Flag States in Relation to their Vessels
Fishing in the ICCAT Convention Area
In accordance with the Needs and Principles set forth in the General Outline of Integrated Monitoring Measures
Adopted by ICCAT in 2002 to ensure effective monitoring measures;
Considering the deliberations of the ICCAT Working Group to Develop Integrated Monitoring Measures held in
Madeira from 26 to 28 May 2003;
The International Commission for the Conservation of Atlantic Tunas (ICCAT) Recommends that:
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