Report on the Implementation of the derogation to ... - Trade Websites

Final <strong>Report</strong>
RoO Derogation under the PACP-IEPA
ratification of the UN Fish Stocks Agreement, with the western and central Pacific Ocean as its area
of competence. This large area 148 overlaps with the Inter-American Tropical Tuna Commission
(IATTC) in the east, and extends to the coastline of East Asia in the west, although it is understood
that the Convention Area does not generally include the South China Sea.
The Commission, as the governing body of the Convention, currently has 25 cooperating members,
with another 7 territories participating in the work of the Commission, and nine cooperating nonmembers
(CNMs), all these entities collectively known as
149
CCMs.
It has four subsidiary bodies, as below, which report and provide advice to the annual session of the
WCPFC (usually held in December):
• Scientific Committee (SC) - meets in August; provides scientific information and advice on
conservation and management matters.
• Technical and Compliance Committee (TCC) - meets in October; serves as the enforcement
committee; coordinates with Scientific Committee.
• Northern Committee (NC) - meets in September; provides advice on stocks mostly occurring
north of 20 0 N.
• Finance and Administration Committee (FAC) - meets alongside the annual session; reviews
and advises on the Commission’s budget.
The objective of the Convention is “to ensure, through effective management, the long term
conservation and sustainable use of highly migratory fish stocks in the western and central Pacific” in
accordance with UNCLOS. In addressing conservation and management issues identified by its
committees, notably the SC and TCC, the Commission adopts Conservation and Management
Measures (CMMs), which are legally binding on CCMs. 150 There are 25 CMMs currently adopted,
nine relating to species or species groups taken in the fishery (tunas, billfish, sharks and turtles),
eight relating to fishing practices or mitigating the impact of fishing, seven relating to compliance
issues) and one relating to CNMs. Compliance with these CMMs is monitored in the TCC each year,
and the Commission has adopted a Compliance Monitoring Scheme (CMM 2010-03) for use in 2011,
which is subject to review for future operation.
Apart from supporting the activities of these subsidiary bodies, and monitoring the implementation
of CMMs, the Commission Secretariat also operates its own compliance activities, involving the
Register of Fishing Vessels (RFV), a regional Monitoring, Control and Surveillance (MCS) programme
with Regional Observer Programme (ROP) and Vessel Monitoring System (VMS) components,
supervision of boarding and inspection of fishing vessels on the high seas, and maintenance of an
IUU list (see later under 5.5.2).
Article 8 of the Convention (Compatibility of conservation and management measures) establishes
the need for compatibility of measures adopted for areas under national jurisdiction with those
adopted for the high seas by the Commission; requires the Commission inter alia to take account of
distribution and biological characteristics of stocks, including the extent to which they are fished in
national waters, to ensure measures adopted for the Convention area do not undermine measures
147 Tuna RFMOs, which include IATTC (Eastern Pacific), ICCAT (Atlantic), IOTC (Indian), CCBST (southern oceans)
and CCAMLR (Antarctic).
148 20% of the earth’s surface.
149 General information on the WCPFC from WCPFC website (http://wcpfc.int/frequently-asked-questions-andbrochures).
150 WCPFC may also adopt Resolutions which are non-binding statements and recommendations.
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