Compliance in reporting Tuna Data Workshop April 2018 SPC, Noumea Update to include … interpretation issues i.e. ROP data provision

Overview Why look at compliance? What is an obligation? How to interpret WCPFC obligations Issues arising from Compliance Monitoring Reports Help! …. where to find it. CMM??

You are the M in MCS Fisheries Monitoring! What has compliance got to do with your role as fisheries data officers? You are the M in MCS Fisheries Monitoring! Ice breaker …. Get responses from participants As a fisheries data officer … why is it important for you to consider compliance? Photo credit: Francisco Blaha

WCPFC Western Central Pacific Ocean CCMs 26 Members 7 Territories 7 Cooperating Non-Members While you have a significant role in fisheries compliance … this presentation is restricted to the WCPFC context. In particular your reporting obligations to the Commission, and the Compliance Monitoring Scheme. Manu’s ppt – demonstrated why it is important to provide this information – stock assessments, development of fisheries management regimes, deteremining the scope and feasibility of fisheries development opportunities.

WCPFC Compliance Monitoring Scheme* It’s purpose is to: Ensure CCM compliance with CMMs & Convention identify technical assistance or capacity building needs identify CMMs needing refinement or amendment Respond to non-compliance through remedial options * CMS = Compliance Monitoring Scheme Ask if anyone knows what a CCM and CMM is …

WCPFC Compliance Monitoring Scheme* CCM’s are obligated to provide information on: Statistical and biological data, fishing areas and fishing vessels – reliable catch and effort stats Scientific Data to be provided to the Commission, Annual Report Part 1 Operational catch/effort data, ROP, port sampling … Implementation of Conservation and Management Measures Annual Report Part 2 Other MCS data – RFV, VMS, HSBI, ROP …

WCPFC instruments Resolutions – non-binding, statements of intent, resolves to do something Convention – binding Conservation and Management Measures (CMM’s) – binding – adopted under Art. 10 Commission Decisions – binding WCPFC decisions are Implemented through four instruments or mechanisms. Resolve – determination to do something

How to interpret obligations? CMM structure Preamble text – background and context Operative paragraphs – binding measures “Adopts in accordance with Article 10 of the Convention…” Check headers and titles Language determines obligation status ‘shall’ …….. binding ‘resolves’, ‘should’, ‘agree’, ‘encourage’, ‘may’ … non-binding Language – some misuse in measures due to negotiation process.

Determine scope and applicability Who does the obligation apply to? Flag State, WCPFC Sec, observer progs, CCMs, the Commission … ? Is it an obligation? Review the language, is it written as a resolution or binding measure? Think about the spatial scope of the obligation Do your vessels fish beyond national jurisdiction? Do your vessels fish in the relevant CMM area? Does the obligation apply to areas under national jurisdiction?

Understand what the obligation requires Are you required to report nominal values or estimates? E.g. CMM 2013-08, para. 3 Silky sharks Have you reported all information as per required formats? i.e. CMM 2009-06 transhipment Annex II Are you reporting the correct source of information? E.g CMM 2012-04, para. 4.(b) Whale sharks – reports from vessel masters not observers! Is the information consistent with other reports i.e. AR Pt 1, AR Pt 2, RFV, VMS, fished/did not fish reports etc. Have you met reporting deadlines? SciData and Pt 1 important for stock assessments, Pt 2 for CMR development Note Part 1 report deadline – submission of SciData is operational version of essential data. However, Pt 1 includes data updates and data used for stock assessments. So, important to meet these deadlines. Regardless of compliance assessment.

Not all obligations are in an CMM Scientific Data to the be Provided to the Commission Commission decisions are binding, particularly adoption of instruments that outline specific requirements. An important example of this is the Scientific Data to be Provided to the Commission document – NOT guidelines (non-binding language). But tips on language still applies. While CMM’s or binding instruments adopted by the Commission might contain non-binding provisions, with regards to reporting requirements it’s important to understand the purpose and utility of the data or information that is asked for. It then becomes a national policy decision as to whether or not you provide this information being asked for. Scientific Data to be Provided to the Commission – Adopted by the Commission, operationalises Art.23 reporting requirements. PM - Flick through each of the sections.

Not all obligations are in an CMM Part 1 report: Outlines info requirements Essential info Less structure caters for differences in fisheries Obligation to submit a report Review last years Part 1 use as guide

Not all obligations are in an CMM Annual Report - Part 1 … Addendum The addendum contains mandatory reporting requirements as prescribed by CMM’s: Specific reporting requirements required to be provided in the Part 1 report. This is one part of the reporting we will be working through this week.

Exercise A Resolution 2005-03 Non-Target Fish “Resolves as follows: 1. Commission Members, Cooperating Non-members and participating Territories (CCMs) shall encourage their vessels operating in fisheries managed under the WCPFC Convention to avoid to the extent practicable, the capture of all non-target fish species that are not to be retained;” Exercise – Who does this obligation apply to? Is this provision binding or non-binding? Res, soft language ‘encourage’ rather than an affirmative measure or action.

Exercise B CMM 2010-07 Sharks “And adopts, in accordance with Articles 5 and 10 of the Convention, that: 6. CCMs shall take measures necessary to require that their fishers fully utilize any retained catches of sharks. Full utilization is defined as retention by the fishing vessel of all parts of the shark excepting head, guts, and skins, to the point of first landing or transshipment.” Exercise – Who does this provision apply to? Is this an obligation i.e. a legally binding measure?

Exercise C CMM 2017-06 Seabirds “Resolves as follows: 2. CCMs shall report to the Commission on their implementation of the IPOA-Seabirds, including, as appropriate, the status of their National Plans of Action for Reducing Incidental Catches of Seabirds in Longline Fisheries.” Exercise – Who does this provision apply to? Is this an obligation i.e. a legally binding measure?

Exercise D CMM 2017-01 BET, YFT and SKJ “Monitoring and Control: Purse Seine Fishery 36. ROP reports for trips taken during FADs closure period shall be given priority for data input and analysis by the Secretariat and the Commission’s Science Provider.” Exercise – Who has a purse seine fishery? Does this provision apply to you? Who does this provision apply to? Is this an obligation i.e. a legally binding measure?

Determine scope and applicability Remember! Annual Reports Part 1 and 2 provide information on activities undertaken in the previous calendar year. i.e. this years Part 1 report should include information on 2017 activities. But … providing updates on recent fisheries management developments is always a good thing 

Guidelines, templates … Address flies in. https://www.wcpfc.int/guidelines-procedures-and-regulations

Issues arising from CMR! Meet your DEADLINES! Part 1 – July 10th and Part 2 – July 1st Use the Suggested reporting checklist Liaise with your colleagues responsible for developing and submitting other WCPFC reports Submit completed reports as much as possible … and submit revisions … NOTE – if you submit obligatory info in dCMR you are probably late!

Issues arising from CMR! Correct information reported in the wrong place E.g. Included in Part 2 instead of Part 1 If the obligation is to report … then report, even if there is no data to report e.g. CMM 2015-03 – seabird interactions Part 1 template Reporting against Addendum – mandatory! Check the data gaps paper – ST-WP-01 Only source of publically accessible fisheries information

Issues arising from CMR! Regional Observer Programme Data provision Att.K, Ann.C, para.4 5% LL coverage Att.K, Ann.C, para.6 Coverage determination – ROP trip placement Tropical tuna measure Purse seine effort – non PNA Limits advised to WCPFC10 Annual report against those limits Implement and enforce use of LL logsheet expanded version (v.2014)

Issues arising from CMR! Charter notification CMM 2016-05 Catch/effort reporting – incl. charter notification scheme Transhipment CMM 2009-09 Ensure Annex II reports all transhipment activities, and is consistent with Annex I – declaration, and Annex III – notices. Reporting against flagged/chartered vessels – applies to EEZ, including ports, high seas and other areas of national jurisdiction – does not apply to TW and AW.

Issues arising from CMR! Know your fleet and fishery! Monitor fleet activity particularly ‘where’ they are fishing – may trigger reporting requirements e.g. NP ALB report every 6 months Part 2 references to Part 1 – ensure accuracy Other reports fished/did not fish, RFV listings Inactivity in a particular fleet – TT CMM PS limits

HELP! WCPFC Secretariat FFA Secretariat SPC-OFP Tony Beeching, Assistant Science Manager Anthony.Beeching@wcpfc.int Ana Taholo, Assistant Compliance Manager Ana.Taholo@wcpfc.int Templates and guidelines found here: http://www.wcpfc.int/guidelines-procedures-and-regulations FFA Secretariat Pamela Maru, Fisheries Management Adviser pamela.maru@ffa.int Viv Fernandes, Compliance Policy Adviser vivian.Fernandes@ffa.int SPC-OFP Slack and ofpdatahelp@spc.int

Resources Special Requirements Fund … year-round Japan Trust Fund - annual Chinese-Taipei Trust Fund - annual Capacity Development Assistance – W-Sec Capacity Development Plans - dCMR

That’s all folks