E - Iccat

PWG REPORT
Appendices 2 and 4 to ANNEX 10 indicate that no formal actions or sanctions have ever been taken by ICCAT
against the Netherlands Antilles. This is also reflected by the absence of correspondence between ICCAT and the
Netherlands Antilles in this regard.
The 2003 IUU List (Appendix 3 to ANNEX 10) indicates that no vessels of the Netherlands Antilles are
considered on the 2003 IUU list.
Recommendation [Ref. 01-01] of ICCAT states that: “Each Contracting Party, Cooperating non-Contracting
Party, Entity or Fishing Entities shall, in 2002, limit their catch of Atlantic Bigeye tuna to the average catch of
Atlantic Bigeye tuna taken by all their vessels in 1991 and 1992.” Furthermore, paragraph 3 of this
Recommendation continues to say: “the provision of paragraph 1 will not apply to Contracting Parties,
Cooperating non-Contracting Party, Entity or Fishing Entities whose reported 1999 catch, as provided to the
SCRS in 2000, was less than 2100 t.”. The bigeye tuna catch of the Netherlands Antilles in 2002 was 1,879 t
(Appendix 4 to ANNEX 10 or Appendix 3 to ANNEX 9). In the Compliance Tables the ICCAT Secretariat
recognizes that, in this respect, no provision is made for non-Contracting Parties [like the Netherlands Antilles]
that have not been granted Cooperating Status. Consequently, Recommendation [Ref. 01-01] can formally not be
used against the application of the Netherlands Antilles for Cooperating Party status.
However, during the informal meeting of the PWG on November 23, 2003 on the request for granting the
Cooperating Status of ICCAT to the Netherlands Antilles, it was suggested that, upon acceptance of the
Netherlands Antilles as a Cooperating Party, the country would formally not be in compliance with
Recommendation [Ref. 01-01] and Recommendations [Ref. 98-03] and [Ref. 02-01]. To this, the Government of
the Netherlands Antilles reacts as follows:
– With regard to Recommendation [Ref. 01-01]: as a coastal country of the Atlantic ocean, the Netherlands
Antilles cannot be treated less favourably than several other countries which have been previously granted
Cooperating Party status by ICCAT, given the historical performance on responsible fisheries
management of the Netherlands Antilles as set out above. Furthermore, at the time of the
Recommendation in 2001, the Netherlands Antilles catches were already to a level above the average of
1991 and 1992. However, in 2002 [the year being considered by the recommendation] the catches were
already reduced to a level under the threshold of 2,100 t mentioned under paragraph 3 of the
Recommendation.
– With regard Recommendation [Ref. 98-03] juncto [Ref. 02-01]: the Netherlands Antilles purse-seine fleet
has not increased since the beginning of the operations in 1996.
Furthermore, the Netherlands Antilles fleet has diligently complied with the Moratoria Recommendation [Ref.
99-01] by embarking observers on board of the vessels for the prescribed three-month period since the
implementation of this Resolution.
Given the fact that the application by the Kingdom of the Netherlands [on behalf of the Netherlands Antilles]
was done more than one year ago and that the additional necessary information was submitted on time and
formal commitments were issued in accordance with the new criteria for attaining the requested Cooperating
Party status [see Ref. 03-20], the Government of the Netherlands Antilles would be highly discouraged and demotivated
if this Commission would not honour the request, especially in light of the work done and considering
the treatment that certain members and cooperating parties of this Commission were granted, despite the lack of
compliance with ICCAT regulations by indicated parties. We therefore call upon the members of this
Commission to honour the level playing field that contributes to the legitimacy of ICCAT´s decis ions and
measures, with which we have done so much to comply.
Finally, as a coastal developing country in the Convention area, we call upon you to provide us the possibility to
exercise the legitimate right to develop our fisheries in a responsible manner to avoid the consideration of our
country as an IUU-fishing nation by ICCAT, with all the negative consequences attached to that identification.
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