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

Final <strong>Report</strong>
RoO Derogation under the PACP-IEPA
vessels within the fleet, on the premise that one fishing day for a large-sized vessel was not
equivalent to one fishing day for small and medium sized vessels. 174
In the third management year (2010), the parties agreed to eliminate roll-over of days between
years and management periods, and to cap FSMA days outside home party waters at 3,907 days.
However, the agreed TAE limit was exceeded by 4,978 days, even after the deduction of 3,484 nonfishing
days. The FSMA cap was also exceeded by 1,685 days. Limited trading of days began between
PNA parties, initiated by those who had exceeded their annual PAE limit.
Recognizing the inadequacies and efficiencies of the system in the first three years of
implementation, for the fourth management year (2011), PNA parties agreed to apply hard limits for
the first time, with standardized hybrid PAEs and the agreed total limit (TAE) of 28,469 days was
retained. Protocols for the regular trading of days between PNA parties were also established. The
setting and use of a regional benchmark minimum price for a fishing day was also achieved (US
$5,000/day).
175 The limits have been observed by some PNA parties, with Solomon Islands closing its
waters on 16 June 2011 once its PAE was reached, and subsequently Nauru and Tuvalu. 176 The FSMA
limit of 3,907 days was exceed on 21 August, but with credit of 25% of days as ‘non-fishing days’, in
anticipation of eventual reconciliation, fishing was provisionally scheduled to continue until around 4
November. 2,580 days had been traded by 30 September, including 1,500 days purchased by PNG. It
is not known how PNG, which exceeded its TAE in 2010 by 7,615 days before non-fishing days (3,071
as at 30/11/2010) were deducted, has fared in 2011, but a large amount of effort has reportedly
occurred in its waters during the first half of the year. 177 More recent information indicates that the
record 2010 catch (and effort) in PNG waters will be exceeded in 2011, with the continuation of La
Nina conditions and continuing displacement of effort to the PNG area. The 2011 VDS TAE and the
PNG PAE exceeded will once again be exceeded 178 although it is expected that the overall WCPO
catch will be similar to that of 2010.
In summary, to date, the VDS has not been an effective tool for limiting PNA effort to the agreed
TAE, based on 2004 effort, and effort has continued to increase. Parties have taken steps to improve
the application of the VDS, and indications for the future are more positive. Currently, the USMLT
fishing days remain outside the VDS, since they are bound by international treaty, and are now
around 8,900 days, compared to 2,773 logsheet days in 2004 before the restructuring and
revitalisation of that fleet. With the Treaty due to lapse in 2012, with some indications that renewal,
which has occurred three times previously, may not occur this time around. PNG has already
indicated its intention to withdraw. In any case, if a new US Treaty is negotiated, PNA members are
adamant that the US fleet will need to operate within the realm of the VDS and be subject to a hard
limit on fishing days.
For 2012, PNA Ministers adopted, in principle, an increased TAE of 30,932 days in May 2011, based
on recent catch levels and MSY considerations. They were due to meet in September 2011 to
consider formal adoption of this revised TAE, but it may not be sufficient to prevent future over-runs
of the increased TAE unless hard limits are strictly enforced by all parties. A Special PNA Meeting in
174 Fishing days are calculated on the following basis – one fishing day is based on vessels 50-80 metres in
length; for less than 50 metres, one fishing day = 0.5 fishing days; for over 80 metres, one fishing day = 1.5
fishing days.
175 Unpublished report to WCPFC 8 on the VDS by PNA – progress in 2011 and report on fishing activity in 2010.
176 Nauru closed its waters in late October 2011, and Tuvalu in mid-November 2011 (refer
http://www.pnatuna.com/).
177 PNA Office representative, pers. comm., October 2011.
178 Regional tuna database as at mid-December 2011.
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