CMM 2019-04 21 (01-07)

Source:
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Status: Historical
Effective From
Effective Until
Superseded By
Prohibit purse seine setting on whale sharks, retaining/transhipping/landing of whale sharks
Full Text
21. Whale shark
(1) CCMs shall prohibit their flagged vessels from setting a purse seine on a school of tuna associated with a whale shark if the animal is sighted prior to the commencement of the set.
(2) CCMs shall prohibit vessels flying their flag and vessels under charter arrangements to the CCM from retaining on board, transshipping, or landing any whale shark caught in the Convention Area, in whole or in part, in the fisheries covered by the Convention.
(3) For fishing activities in Parties to Nauru Agreement (PNA) exclusive economic zones, the prohibition in paragraph (1) shall be implemented in accordance with the Third Arrangement implementing the Nauru Agreement as amended on 11 September 2010.(4) Notwithstanding sub-paragraph (1) above, for fishing activities in exclusive economic zones of CCMs north of 30 N, CCMs shall implement either this measure or compatible measures consistent with the obligations under this measure. When CCMs apply compatible measures, the CCMs shall annually provide to the Commission, in their Part 2 Annual Report, a description of the measure.
(5) CCMs shall require that, in the event that a whale shark is incidentally encircled in the purse seine net, the master of the vessel shall:
(a) ensure that all reasonable steps are taken to ensure its safe release.; and
(b) report the incident to the relevant authority of the flag State, including the number of individuals, details of how and why the encirclement happened, where it occurred, steps taken to ensure safe release, and an assessment of the life status of the whale shark on release.
(6) In taking steps to ensure the safe release of the whale shark as required under sub-paragraph (5)(a) above, CCMs shall encourage the master of the vessel to follow the WCPFC Guidelines for the Safe Release of Encircled Whale Sharks (WCPFC Key Document SC-10).
(7) In applying steps under sub-paragraphs (1), (5)(a) and (6), the safety of the crew shall remain paramount.
Theme
Mitigating impacts of fishing on species of special interest
Sub Theme
Shark mitigation and fishery management
Category / CMR Section
Implementation
Category: Implementation
Version Introduced Date:
Version:
1
Audit Point Definition
CCM submitted a statement in AR Pt2 that:
a.    confirms CCM’s implementation through adoption of a national binding measure that: prohibits its flagged and chartered vessels from setting a purse seine on a school of tuna associated with a whale shark if the animal is sighted prior to the commencement of a set, or retaining on board, transhipping, or landing any whale shark caught in the Convention Area, in whole or in part, in the fisheries covered by the Convention; ensures that all reasonable steps are taken to ensure safe release of incidentally encircled whale sharks and that the incident is reported to the CCM’s relevant authority
b.    describes how the CCM is monitoring its flagged and chartered vessels to ensure the requirements are met and how potential infringements or instances of non-compliance with this requirement are handled.
*CCMs with vessels authorized to fish in the EEZ of any member of the PNA shall include in their statement in AR Pt 2 the requirement for this prohibition to be in accordance with the PNA 3IA. (para 21.3)
*CCMs with vessels authorized to fish in EEZs of CCMs north of 30N, the CCM shall implement the CMM or compatible measures consistent with obligations in the CMM and provide a description of those measures in AR Pt 2. (para 21.4)
CCM limits not applicable for this obligation
Category: Implementation
CMS Compliance History
When Evaluated:
2021, 2022
Average Score:
93%
Likelihood of Non-Compliance:
Moderate
Consequence of Risk Ratings
CCM or collective group Consequence of Non-Compliance Risk of Non-Compliance
European Union
Serious
Severe
Pacific Islands Forum Fisheries Agency (FFA)
Serious
Severe
Philippines
Major
High
CMS Compliance History
When Evaluated:
2013, 2015, 2014, 2018, 2019, 2017, 2016, 2020, 2021, 2022
Average Score:N/A
Likelihood of Non-Compliance:
Moderate
Consequence of Risk Ratings
CCM or collective group Consequence of Non-Compliance Risk of Non-Compliance
European Union
Serious
Severe
Pacific Islands Forum Fisheries Agency (FFA)
Serious
Severe
Philippines
Major
High