|Recommendation||Responsible body||Activities to date||Status|
Recommendation 9: CCAMLR’s current regulatory framework for fishing would be improved by having sufficient details in all fisheries-related conservation measures (category numbers 40s, 50s, 60s) on precautionary catch limits, spatial and temporal harvest strategies, plans for mandatory collection of data needed for assessing status of Antarctic marine living resources, biological data required to assess the composition of the catch, and reporting of activities. Approved fisheries research plans should be incorporated into these conservation measures.
(paragraphs 39 to 42)
|Commission, SCIC, Scientific Committee||
(2017) SCIC-2017, paragraph 192, CCAMLR-XXXVI, paragraphs 8.6 and 8.24
(2018) CCAMLR-XXXVII, paragraphs 9.18 to 9.21; CCAMLR-XXXVII/BG/22 and SC-CAMLR-XXXVII, paragraph 14.3; COMM CIRCs 18/94 and 18/95
(2015) CCAMLR-XXXIV/17 Rev. 1 by the Chair of Scientific Committee (SC-CAMLR-XXXIV, paragraphs 3.222 to 3.228)
(2019) Commission initiated an intersessional correspondence group to review prior work on the regulatory framework and develop guidance on clarifying fishery nomenclature (CCAMLR-38, paragraph 5.34).
(2018 and 2019) Commission introduced a maximum time limit of 3 years for new research fishing proposals, procedures for their notification, payment of a notification fee and review by the Scientific Committee (CCAMLR-XXXVII, paragraph 5.30; CCAMLR-38, paragraph 9.6).
Recommendation 10: Action is needed to address issues regarding the safety of ‘non-SOLAS (International Convention for the Safety of Life at Sea) vessels’ operating in Polar waters.
The Panel identified three options that the Commission may consider for implementing this recommendation:
(i) if the IMO adopts globally binding measures relating to the safety of ‘non- SOLAS’ fishing vessels, CCAMLR should ensure their application to such vessels operating in Polar waters; or
(ii) if the IMO adopts non-mandatory measures relating to the safety of ‘non- SOLAS’ fishing vessels, CCAMLR should ensure they are made mandatory in the Convention Area, as far as is practicable and appropriate, through their incorporation into relevant conservation measures; or
(iii) in the absence of measures (either non-mandatory or globally binding) adopted through the IMO in the near future (e.g. within the next two-years) relating to the safety of ‘non-SOLAS’ fishing vessels, CCAMLR should take steps to adopt its own set of mandatory measures and standards for such vessels operating in Polar waters.
(paragraphs 43 and 44)
(2017) CCAMLR-XXXVI, Annex 6, paragraph 193
(2018) COMM CIRC 18/55
(2019) SCIC continues to await the oucome of the IMO deliberations (SCIC-2019, paragraph 141)
(2020–2021) No discussions held due to limited Commission agendas.
In June 2022, NCSR finalised amendments to the SOLAS convention Chapter V and to the Polar Code to introduce mandatory requirements for the navigation of fishing vessels of 24 m or more in length operating in polar waters. The amendments will be considered for approval at the next IMO maritime safety committee (MSC 106) in November 2022 with a view to adoption at MSC 107 (June 2023) and an entry into force date of 1 January 2026.
Recommendation 11: The CCAMLR Compliance Evaluation Procedure be strengthened by requiring enhanced reporting on the actions taken to address infringements, including whether a Contracting Party fails to report by the next subsequent meeting of SCIC on their follow-up investigations and rectification of non-compliance, and that such failures be identified in the annual Final CCAMLR Compliance Report as ‘serious, frequent or persistent noncompliance’.
In giving effect to this recommendation, the Panel offered the following ideas for the consideration of the Commission:
(i) SCIC developing a complementary scheme of response to non-compliance – to give full effect to CM 10-10, paragraph 3(iii)(d), that may be applied by the Commission through the implementation of the CCEP
(ii) SCIC prioritising, on an annual basis, the conservation measures that will be the focus of its evaluation for which non-compliance could significantly undermine the effectiveness of CCAMLR conservation measures and the objective of the Convention.
(paragraphs 45 to 50)
(2017) SCIC-2017, paragraphs 195 to 197
(2018) SCIC-2018, paragraphs 84 and 85
(2019) The Secretariat standardised its procedures for the CCEP (COMM CIRC 19/76)
(2019) SCIC extended the CCEP to Acceding States (SCIC-2019, paragraph 99)
(2020, 2021) The Secretariat developed a comprehensive objective compliance assessment process following identification of the key compliance elements (COMM CIRC 20/73 and COMM CIRC 21/80).
(2022) Members participated in an e-group to review CM 10-10 and proposals for a revision were discussed at CCAMLR-41 (SCIC-2022, paragraph 48).
Recommendation 12: To ensure chain of custody, all transhipments of catch from the Convention Area, whether occurring in the Convention Area or in port, be: (i) independently verified; (ii) permitted from Contracting Party vessels only to vessels which report to the C-VMS while operating in the Convention Area; (iii) permitted to NCP receiving vessels only when they are registered with CCAMLR; and (iv) for transhipments of catch from the Convention Area that occur outside of the Convention Area, detailed information should be reported to CCAMLR, including the names and IMO numbers of the vessels involved, quantities of catch or products by species transhipped and the date and time of transhipment.
In giving effect to this recommendation the Panel offered the following ideas for the consideration of the Commission:
(i) establishing a transhipment observer program, possibly, but not necessarily, utilising existing at-sea observer and in-port inspection capacities, with appropriate provisions for observer safety
(ii) developing a CCAMLR NCP register of receiving vessels
(iii) revising the e-CDS to accommodate the recording and tracing of transhipped catches
(iv) ensuring all Contracting Party transhipment vessels are included on the CCAMLR List of Authorised Vessels.
(paragraphs 51 to 55).
(2017) SCIC-2017, paragraphs 198 and 199
(2018) SCIC-2018, paragraphs 38 to 45; CCAMLR-XXXVII, paragraphs 9.7 to 9.16
(2019) SCIC considered proposal (CCAMLR-38/28) to include more specific details on the information provided in transhipment notifications and the Commission adopted these in CM 10-09 (CCAMLR-38, paragraphs 3.14 and 9.5)
(2021) SCIC considered a proposal (CCAMLR-40/16) to clarify and modify the data reporting of transhipments. The five recommendations were not adopted but many Members expressed a willingness to continue to work with the Secretariat on improving CM 10-09 in the future (SCIC-2021, paragraph 18).
(i), (ii), (iv) ongoing
Recommendation 13: CCAMLR strengthen its IUU vessel listing procedures to provide for listing of stateless fishing vessels and for the possibility of listing vessels with the same owner as other IUU listed vessels.
In order to give effect to this recommendation, the Commission could consider the following actions:
(i) amending CM 10-07 so that fishing vessels that are determined to be without nationality sighted engaged in fishing activities or otherwise shown to be engaging fishing activities in the CAMLR Convention Area are explicitly referenced in CM 10-07, paragraph 9
(ii) CCAMLR conduct a review of the activities of natural or legal persons that constitute and/or contribute to, or support, IUU fishing activities to identify all avenues and measures available to Contracting Parties to deter such activities
(iii) amending CMs 10-07 and 10-08 to establish a procedure by which a vessel or vessels may be listed based on common ownership with vessels already listed on the CCAMLR IUU Vessel Lists
(iv) establish intersessional listing and de-listing procedures and consider harmonising CCAMLR’s listing criteria to allow cross-listing procedures with RFMO IUU vessel lists.
(paragraphs 56 to 60)
(2017) SCIC-2017, paragraphs 200 to 203
(2018) SCIC-2018, paragraphs 26 and 27 and 49 to 52. CCAMLR-XXXVII, paragraphs 3.16 to 3.25
(2019) in relation to (iv), SCIC-2019 considered and did not agree to a prohibition of licencing vessels included on any global IUU lists (SCIC-2019, paragraphs 39 to 42).
(2021) in respect of (iv), while not approving a standardised procedure for allowing intersessional listing/delisting of vessels, the Commission did agree a process for 2021/22, that in respect of the NCP-IUU listing of the Koosha 4 and the CP-IUU listing of the El Shaddai, these vessels could be removed from the lists intersessionally if the Commission agreed by intersessional decision under Rule 7 that the additional information submitted met the criteria for delisting (CCAMLR-40, paragraphs 4.23 and 4.28).
(i), (ii),(iii) ongoing