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WG TRADE RESTRICTIVE MEASURES - FUNCHAL 2003<br />

Consideration of other non-compliance issues<br />

The Working Group discussed the problem of CPC activities that diminish the effectiveness of ICCAT<br />

conservation measures, but which are not directly contemplated by the existing compliance recommendations.<br />

The Delegate of Japan stated that the Commission might want to consider extending the compliance<br />

Recommendation [Ref. 96-14] to cover tropical species such as bigeye tuna. Such an extension could provide an<br />

effective instrument for dealing with violations such as those by Ghana. Alternatively, he suggested a way<br />

forward might be the expansion of the UU Catches Resolution to all large-scale vessels. The delegate of the EC<br />

stated that, at the last Commission meeting, his delegation had proposed taking action against Ghana in response<br />

to multiple violations of ICCAT conservation measures. He stated that ICCAT has full authority to enforce its<br />

regulations as is contemplated under Article IX, paragraph 3 of the Convention.<br />

In response to a question about information requested by the Commission of Ghana in respect of its compliance<br />

with the Recommendation by ICCAT on the Establishment of a Closed Area/Season for the Use of Fish-<br />

Aggregation Devices [Ref. 99-01], the Executive Secretary stated that a letter had just been received and that it<br />

would be translated and circulated to Contracting Parties immediately after the meeting.<br />

The Working Group agreed that this issue would need to be considered fully at the 2003 Commission meeting.<br />

9. Consideration of additional measures for listing and de -listing IUU Fishing activities<br />

The Working Group agreed that the Commission should consider, at its 2003 meeting, whether to extend the<br />

Recommendation by ICCAT to Establish a List of Vessels Presumed to Have Carried Out Illegal, Unreported<br />

and Unregulated Fishing Activities in the ICCAT Convention Area [Ref. 02-23] so that it would cover (a) vessels<br />

other than large-scale longliners, and (b) Contracting Parties.<br />

10. Future work program<br />

The Chair noted that much work remained to be done before the 2003 meeting of the Commission. She<br />

encouraged parties to consult with each other in order to make the draft Resolution (Appendix 3 to ANNEX<br />

4.2) acceptable to all Contracting Parties so that it could be considered for adoption by the Commission early in<br />

the 2003 meeting and used by the PWG and Compliance Committee. In addition, she asked that parties consult<br />

in the drafting of additional Resolutions and Recommendations that would close existing gaps. Such work may<br />

include:<br />

– Drafting a new measure that specifies the various tools for dealing with CPCs and the priority with which the<br />

diffe rent instruments should be applied.<br />

– Extending the Recommendation by ICCAT Regarding Compliance in the Bluefin Tuna and North Atlantic<br />

Swordfish Fisheries [Ref. 96-14] to species other than bluefin tuna and swordfish, such as bigeye tuna.<br />

– Extending the Recommendation by ICCAT to Establish a List of Vessels Presumed to Have Carried Out<br />

Illegal, Unreported and Unregulated Fishing Activities in the ICCAT Convention Area [Ref. 02-23] to<br />

vessels other than large-scale longliners and to Contracting Parties.<br />

– Extending the Resolution by ICCAT Concerning the Unreported and Unregulated Catches of Tunas by<br />

Large-Scale Longline Vessels in the Convention Area [Ref. 98-18] to cover other types of vessels.<br />

– Discussing the legal ramifications of using Resolutions or Recommendations.<br />

Considering the need to develop a more comprehensive approach to trade restrictive measures, the Working<br />

Group recommended to the Commission that it continue its work in the future. The Working Group expressed<br />

concern that few Contracting Parties were present at the meeting and hoped for broader participation in the<br />

future.<br />

11. Other business<br />

No other business was discussed.<br />

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