Ensuring you are CMS compliant! Tuna Data Workshop April 2019

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??

Give me an ‘M’! What has compliance got to do with your role as fisheries data officers?

Western Central Pacific Fisheries Commission 26 Members 7 Territories 7 Cooperating Non-Members

Terms & Acronyms CMM CMS CCM CMR ROP Convention

Compliance Monitoring Scheme Rules, procedures & approach  CMS CMM Renegotiated  CMM 2018-07 many similarities some changes (and some not yet implemented…)

CMS - Purpose Ensure CCM compliance w/ CMMs & Convention To assess flag CCM action re alleged violations by its vessels not to assess compliance by individual vessels

CMS design CMS designed to: assess CCM compliance w/ obligations identify areas for tech assistance or capacity building identify CMMs which require amendment respond to non-compliance thru remedial and/or preventative options Monitor & resolve outstanding instances of CCM non-compliance

CCMs obligated to provide info 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 …

CCMs obligated to provide info on: Implementation of CMMs Annual Report Part 2 Other MCS data –RFV, VMS, HSBI, ROP …

WCPFC obligations Convention – binding Conservation and Management Measures (CMM’s) – binding – adopted under Art. 10 Resolutions – non-binding/statements of intent Commission Decisions – binding

Is every CMM provision an obligation? “Resolves as follows: 1. Commission Members, Cooperating non-Members, and participating Territories (CCMs) shall implement, as appropriate, the FAO International Plan of Action for the Conservation and Management of Sharks (IPOA Sharks).” CMM 2010-07 - Sharks

Is every CMM provision an obligation? “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.” CMM 2010-07 - Sharks

Not all obligations are in a CMM Scientific Data to be Provided to the Commission

How to interpret obligations? CMM structure Preamble text – background and context Operative paras – binding measures ‘adopts in accord w Art. 10 of the Convention’ Language determines obligation status ‘shall’ …….. binding ‘resolves’, ‘should’, ‘agree’, ‘encourage’, ‘may’ … non-binding

Determine scope and applicability Remember! Annual Reports Part 1 and 2 provide information on activities undertaken in the previous calendar year. i.e. this year’s Part 1 report should include information on 2018 activities.

Determine scope & applicability Who does the obligation apply to? Flag State, WCPFC-Secretariat, observer programs, all CCMs? Is it an obligation? Review the language used, 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 information? E.g CMM 2012-04, para. 4.(b) Whale sharks – reports from vessel masters not observers! CMM 2013-08, para 3 3. CCMs shall estimate, through data collected from observer programs and other means, the number of releases of silky shark caught in the Convention Area, including the status upon release (dead or alive), and report this information to the WCPFC in Part 1 of their Annual Reports. 2009-06 – Annex II Each CCM shall include in Part 1 of its Annual Report to the Commission: (1) the total quantities, by weight, of highly migratory fish stocks covered by this measure that were transhipped by fishing vessels the CCM is responsible for reporting against, with those quantities broken down by: … (2) the number of transhipments involving highly migratory fish stocks covered by this measure by fishing vessels that is responsible for reporting against, broken down by: 2012-4 – Whale Sharks - 4. CCMs shall require that, in the event that a whale shark is not deliberately 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 (including whether the animal was released alive but subsequently died).

Understanding obligations… Is the information consistent with other submitted reports i.e. AR Pt 1, fished/did not fish reports etc. Have you met reporting deadlines? SciData & Pt 1 important for stock assessment

Data and reporting requirements Scientific Data to be provided to the Commission Provide annual catch estimates, active vessel nos. operational data, aggregate data, size data by 30 April. Annual reports to the Commission Part 1 – Science & Fisheries Summary due 1 month prior to SC. Due 13 July Part 2 – Mgmt and Compliance due 1 July Rules and Procedures for Protection of, Access to and Dissemination of Data compiled by the Commission   (2007 Data Rules) 20, 21 App. 3 To access NPD data held by WCPFC, notify Sec of reps authorised to request/receive NPD WCPFC data.  maintain data received in accordance with WCPFC ISP. Data is accessed by rep in accordance with framework at Appendix 3. 31 Notify Sec of reps authorised to release NPD data that the CCM has provided to Commis.

Guidelines, templates…

Issues arising from CMR! Understanding national implementation Inclusion of measures in legis, regs, licensing agreements & conditions Saying yes, when you really mean No or N/a Incorrect reporting in Part 2 of applicability of a measure Yes – an obligation has been implemented No – an obligations has not been implemented N/a – the obligation does not apply More vessels … more obligations to implement

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 2018-03, para. 13 – seabird interactions 9. CCMs are encouraged to undertake research to further develop and refine measures to mitigate seabird bycatch including mitigation measures for use during the setting and hauling process and should submit to the Secretariat for the use by the SC and the TCC any information derived from such efforts. Research should be undertaken in the fisheries and areas to which the measure will be used.

Issues arising from CMR! Meet your DEADLINES! Part 1 due after the Part 2 ! Use the suggested reporting checklist http://www.wcpfc.int/doc/commission-08b/suggested-checklist-reporting-requirements-cmms-and-other-wcpfc-decisions Liaise with colleagues responsible for other WCPFC reports There may be hold ups … but submit reports that are completed as much as possible … and submit revisions

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 http://www.wcpfc.int/guidelines-procedures-and-regulations FFA Secretariat Joyce Samuelu-ah-leong, Fisheries Management Adviser joyce.samuelu-ahleong@ffa.int Viv Fernandes, Compliance Policy Adviser vivian.fernandes@ffa.int SPC-OFP Slack & ofpdatahelp@spc.int