Report of the NAFO Performance Review Panel - Northwest Atlantic ...

NAFO Performance Review 2011xvCouncil on how reference points can be used in a scientifically-driven decision-making process. The experiences ofother RFMOs and NAFO in developing such processes are likely to offer a way forward.The Panel considers that the absence of a formally-defined decision rule framework may exacerbate perceiveddifferences between the Scientific Council and Fisheries Commission. The matter is obviously one for seriousconsideration and review if the Organization‘s overall functionality and effectiveness is to be improved in thePAF‘s application.The lack of a unified approach to deal with new and exploratory fisheries, (Section 4.6.3) including the re-openingof previously closed fisheries, is a shortcoming in the PAF‘s more comprehensive application. On occasion, theScientific Council consideration/advice on applying precaution to the management of certain stocks appears to havebeen uncertain, if not ambiguous. For example, multiple management options have been offered by the ScientificCouncil for the Greenland Halibut fishery with little guidance on which is favoured. The issue appeared to beattributable to variable assessment projection results based on different assumptions of future catch, and wouldhave probably not influenced scientific advice so markedly if a procedure had been in place to guide the advice sothat both precaution and scientific uncertainty could be more explicitly addressed.The current NAFO Exploratory Fisheries Protocol (Chapter 1bis, NCEM) concentrates on bottom fisheries andfocuses on avoiding negative impacts of VMEs, in accordance with the UNGA Resolution 61/105. The Protocolimplicitly recognizes the need for prior notification of exploratory fishing and that recording of catch, and othervital information, should be sufficiently detailed to conduct an assessment of activity 11 . The Panel notes that theProtocol is currently formulated in the context of improving knowledge about potential interactions of fisherieswith seafloor organisms. In this respect, it does not provide the necessary generic/strategic framework to deal withthe full range of uncertainties likely to arise from limited knowledge about new stocks, or in respect to how afishery develops. Both considerations are crucial to building fore-knowledge of stock/fishery potential as well asthe risk likely to be attached to over-rapid fishery development. Such fore-knowledge is itself essential foridentifying the level of precaution to be applied to ensure the sustainable growth, and long-term viability, of thefishery.The Panel commends NAFO for its progress in addressing environmental and biodiversity concerns, includingprotection and management issues. However, NAFO‘s efforts to address potential threats to biodiversity in theNAFO Convention Area are largely linked to the management of relevant fisheries and their likely impacts. In thisrespect, NAFO has not articulated any specific plans aimed at developing ways to conserve biodiversity.Furthermore, NAFO has not yet attempted to formally determine the potential effects that areas closed to fishingare likely to exert in terms of affecting fishing, protecting habitats and conserving biodiversity in the NAFOConvention Area.The Panel commends NAFO for its monitoring of vessels activity and fishing effort to prevent, reduce or eliminateexcess fishing capacity in the NAFO Regulatory Area. It also noted that the Greenland Halibut Rebuilding Planexplicitly requires a reduction of fishing effort (Article 7.7 of the NAFO Conservation and Enforcement Measures[NCEM]). The Panel views current NAFO management measures to be extensive and largely effective. It notes thata number of NAFO conservation and management measures currently in force are aligned with regulations beingapplied by NAFO coastal States, and reiterates its associated recommendation outlined in Section 3.2.5.The Panel notes that NAFO has considered possible allocation of fishing opportunities to new members (Resolutionto Guide the Expectations of Future New Members with Regard to Fishing Opportunities in the NAFO RegulatoryArea (NAFO, 199c) - See also Section 3.2.6). It also notes that presently, and for the foreseeable future, stocksmanaged by NAFO are fully subscribed. This signifies that fishing opportunities for new Members are likely to belimited, for instance, to new fisheries. If the situation should evolve, the Panel suggests that the above Resolutionconditions should be reviewed if necessary in terms of NAFO addressing all the explicit provisions of UNFSAArticle 11 that need to be taken into account when allocating fishing opportunities to new Members.The Panel is encouraged by recent NAFO developments aimed at further developing conservation plans andrebuilding strategies for stocks under moratoria. It especially commends NAFO for developing a scientificallybasedapproach to managing SA 2 + Div. 3KLMNO Greenland Halibut using an MSE approach. The PRPwelcomes the forming of the new Working Group of Fishery Managers and Scientists on Conservation Plans andRebuilding Strategies as a way to address some of the concerns raised in Sections 4.5 and 4.6.2.11This also suggests that any such assessment of activity is essential during the development of an exploratory fishery to allowprecaution to be applied and to collect vital information for a fishery, or stock, about which little may be known, particularlyin terms of informing assessment of target stocks and associated qualities of the fishery.