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ICCAT REPORT 2002-2003 (II)<br />

Status of Cooperating Non-Contracting Party, Entity, or Fishing Entity in ICCAT [Ref. 03-20]. For your<br />

convenience, this recommendation is included in the attached Compendium.<br />

Thank you for your attention to these important matters. Please accept assurances of my highest consideration.<br />

5.5 Letter to Cuba: Regarding identification in accordance with the Bluefin Tuna Action Plan Resolution<br />

At its 2003 annual meeting, the International Commission for the Conservation of Atlantic Tunas (ICCAT)<br />

undertook its annual review of the fishing activities of various Non-Contracting Parties, Entities or Fishing<br />

Entities pursuant to its Resolution Concerning an Action Plan to Ensure the Effectiveness of the Conservation<br />

Program for Atlantic Bluefin Tuna [Ref. 94-3]. This Resolution calls upon the Permanent Working Group for the<br />

Improvement of ICCAT Statistics and Conservation Measures to identify those non-Contracting Parties whose<br />

vessels have fished for Atlantic bluefin tuna in a manner that diminishes the effectiveness of ICCAT<br />

conservation measures. In deciding whether to identify a non-Contracting Party, the Permanent Working Group<br />

reviews catch data compiled the Commission, trade information obtained through national statistics and the<br />

Bluefin Tuna Statistical Document Program, and other relevant information obtained in ports and on the fishing<br />

grounds. ICCAT will request identified Contracting Parties, non-Contracting Parties, Entities or Fishing Entities<br />

to take all necessary corrective actions, and will review those actions at its subsequent annual meeting. If those<br />

actions are judged insufficient, ICCAT will recommend effective measures, if necessary including nondiscriminatory<br />

trade restrictive measures, on the subject species.<br />

The review of catch data showed that Cuban vessels harvested 74 tons of over-exploited western Atlantic bluefin<br />

tuna in 2002, even though ICCAT has not established a catch limit for Cuba for this stock. Moreover, Cuba has<br />

not reported catches of bluefin tuna to the Commission for at least 20 years. Based on this information, the<br />

Commission identified Cuba in accordance with the Bluefin Tuna Action Plan referenced above as a non-<br />

Contracting Party whose vessels have been fishing for Atlantic bluefin tuna in a manner that diminishes the<br />

effectiveness of ICCAT conservation measures. Accordingly, ICCAT hereby requests Cuba to take effective<br />

measures to rectify its fishing activities so as not to diminish the effectiveness of ICCAT conservation measures<br />

for bluefin tuna and to implement fully ICCAT conservation and management measures, including instituting<br />

measures to ensure appropriate monitoring, control, and surveillance of your fleet and reporting catch and effort<br />

data to the Commission. We would, therefore, be grateful to receive detailed information regarding: (1) the types<br />

of monitoring, control and surveillance methods used by Cuba with respect to its fishing vessels, (2) Cuba’s total<br />

catch of tuna and tuna-like species in 2003 and prior years, (3) the markets to which Cuba exports bluefin tuna<br />

and/or its products, and (4) the maritime areas in which Cuban vessels fished bluefin tuna.<br />

The Commission will review the situation of Cuba at its next meeting, scheduled for November 15-21, 2004, in<br />

New Orleans, Louisiana, USA. Information concerning these matters should, therefore, be submitted to ICCAT<br />

at least 30 days prior to that meeting. If it is determined that Cuba has not rectified the situation and continues to<br />

diminish the effectiveness of ICCAT, the Commission can recommend that its Contracting Parties take nondiscriminatory<br />

trade restrictive measures on Atlantic bluefin tuna and its products from Cuba.<br />

For your information, I am enclosing herewith a Compendium of ICCAT´s Management Recommendations and<br />

Resolutions. It includes a new instrument entitled Resolution by ICCAT Concerning Trade Measures [Ref. 03-<br />

15], adopted by the Commission at its 2003 meeting. The 2003 Resolution both broadens the scope of ICCAT´s<br />

existing trade regime and establishes a more transparent process for the application of trade restrictive measures.<br />

The Commission will use this new Resolution for the first time in 2004 to guide its review of fishery related<br />

activities in the Convention area. The information requested above will be valuable to the Commission when it<br />

considers trade related matters relative to Cuba pursuant to this review. Although the 2003 Resolution will<br />

replace the Bluefin Tuna Action Plan Resolution [Ref. 94-3], previous decisions taken in accordance with this<br />

measure will remain effective until otherwise decided by the Commission.<br />

With respect to Cuba’s request for Cooperating Status, the Commission felt that, under the circumstances, it was<br />

premature to make a decision regarding this matter during the 2003 meeting. As you may know, the category of<br />

Cooperating Party, Entity or Fishing Entity has been in existence within the Commission since 1994. Those that<br />

are granted Cooperating Status formally accept the obligation to implement fully the conservation and<br />

management measures adopted by the Commission and to abide by data and other reporting requirements. I<br />

would draw your attention to a document adopted in 2003 entitled Recommendation by ICCAT on Criteria for<br />

Attaining the Status of Cooperating Non-Contracting Party, Entity, or Fishing Entity in ICCAT [Ref. 03-20],<br />

which is included in the enclosed Compendium. This measure clarifies the process for granting Cooperating<br />

Status and specifies the information that must be provided by applicants to receive consideration.<br />

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