21 international fishery management...

356 Fishery status reports 2 0 0 9

c h a p t e r 2 1

21 International fishery management arrangementsd Wilson, h Patterson, a Sands and i Stobutzki

F i g u r e 2 1 .1 Areas of competence for regional fisheries management organisations and bodies to which Australia is a party

CCAMLR = Commission for the Conservation of Antarctic Marine Living Resources; CCSBT = Commission for the Conservation of Southern Bluefin Tuna; IOTC = Indian Ocean Tuna Commission; RFMO = regional fisheries management organisation; SIOFA = Southern Indian Ocean Fisheries Agreement; SPRFMO = South Pacific Regional Fisheries Management Organisation; WCPFC = Western and Central Pacific Fisheries Commission

c h a p t e r 2 1 International fishery management arrangements 357

2006 United Nations General Assembly •(UNGA) Resolution on Sustainable Fisheries (UNGA61/105)2009 FAO Agreement on Port •State Measures to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing.

The Commonwealth Fisheries Harvest Strategy Policy (DAFF 2007) requires that harvest strategies be developed for Commonwealth fisheries, with the exception of those that are managed under the joint authority of the Australian Government and another Australian jurisdiction or an international management body or arrangement. However, the policy notes that the Australian Government will advocate the principles of the policy within all jointly managed fisheries.

Globally, the species targeted on the high seas vary by area and fleet. Some of the most extensive high-seas fisheries are pelagic fisheries targeting highly migratory tunas and billfishes (defined under UNCLOS Annex 1). Currently, five RFMOs manage these highly migratory species. The management arrangements for the highly migratory tunas and billfish that are targeted by Australian fisheries are developed under three international agreements:

Convention for the Conservation •and Management of Highly Migratory Fish Stocks in the Western and Central Pacific OceanConvention for the Conservation •of Southern Bluefin TunaAgreement for the Establishment of •the Indian Ocean Tuna Commission.

Arrangements for demersal species in Antarctic waters and the AFZ of Australia’s sub-Antarctic islands are implemented through the Commission for the Conservation of Antarctic Marine Living Resources (CCAMLR).

Australia is also participating in the development of new agreements to fill gaps in the international management of other migratory stocks that are targeted on the high seas. In 2006 Australia signed the Southern Indian Ocean Fisheries Agreement (SIOFA),

2 1 . 1 i n t r o d u c t i o n

Several fishery resources of commercial importance to Australia have ranges extending outside the Australian Fishing Zone (AFZ) into the high-seas and the Exclusive Economic Zones (EEZ) of other countries. These stocks are important for Australian fishing industries in terms of food and economic security, and can only be managed effectively through cooperative regional action. In this situation, management responsibility is shared by multiple governments through international instruments (conventions and agreements), implemented through a regional fisheries management organisation (RFMO) or body (Fig. 21.1). As a party to these international instruments, Australia is obliged to implement measures agreed by the relevant RFMO in managing its domestic fishery; in a number of cases, Australia’s domestic standards exceed those agreed by RFMOs. This chapter provides an overview of the international management arrangements to which Australia is a party. Detailed status reports of the domestic fisheries involved are provided in Chapters 22–28. Although the fisheries of the Torres Strait are also managed under an international agreement, they differ substantially from the fisheries described here and are therefore addressed separately in Chapters 14–18.

Through participation in RFMOs and other international fisheries-related forums, Australia aims to implement its commitments and obligations under overarching international instruments, including the:

1982 United Nations Convention on •the Law of the Sea (UNCLOS)1995 Agreement for the Implementation •of the Provisions of the UNCLOS relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks (UN Fish Stocks Agreement)1995 FAO Code of Conduct •for Responsible Fisheries1995 FAO Agreement to Promote •Compliance with International Conservation and Management Measures by Fishing Vessels on the High Seas


on Migratory Species. However, despite considering a substantial number of marine species for listing, the March 2010 meeting of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) closed without agreement on any new trade measures to protect marine species. Four proposals to include sharks in CITES Appendix II were rejected. The scalloped hammerhead, oceanic whitetip, porbeagle and spiny dogfish, were not added to CITES and can therefore continue to be traded without CITES permits. Australia is committed to improving the management of these species through the various RFMOs.

Internationally, emphasis is increasing on the need for effective implementation of ecosystem-based approaches to fisheries management. This is explicit in the UN Fish Stocks Agreement and some of the regional fisheries management instruments. Since the CCAMLR has the explicit objective of ecosystem conservation, the management of fishing activities in CCAMLR waters incorporates bycatch and ecosystem concerns. The CCAMLR management approach is an exception, as RFMO management typically remains centred on target stocks.

In 2006 the UNGA Resolution on Sustainable Fisheries called for countries to develop and apply best-practice guidelines for regional fisheries. Subsequently, the tuna RFMOs agreed, at their first joint meeting in 2007, to undergo performance reviews. To date, these have been completed for the CCAMLR (CCAMLR 2008), the Commission for the Conservation of Southern Bluefin Tuna (CCSBT 2008) and the Indian Ocean Tuna Commission (Anon 2009). The reviews highlight critical areas where management, research and processes need to be significantly strengthened.

The following sections outline the various regional fisheries management conventions and agreements to which Australia is a party.

a new agreement covering the majority of the Indian Ocean, which has yet to enter into force.

Since 2006 Australia has participated in negotiations for the development of the South Pacific Regional Fisheries Management Organisation (SPRFMO). The discussions focus on the southern Pacific Ocean, north of the CCAMLR’s jurisdiction, and on species that are not covered by the Western and Central Pacific Fisheries Commission (WCPFC). The convention text establishing the SPRFMO was adopted in November 2009.

Australia’s continued engagement in RFMO negotiations and processes is critical to supporting access for the Australian fishing industry and promoting responsible management to ensure sustainability of the fisheries and the ecosystems that support them. Australia is also party to a range of international conservation commitments that apply generally to regional fisheries management. Relevant United Nations agreements include:

International Plan of Actions for the •Conservation and Management of Sharks, and Reducing Incidental Catch of Seabirds in Longline Fisheries (FAO 1999)Convention on the Conservation of •Migratory Species of Wild Animals (CMS 2003), including the Agreement on the Conservation of Albatrosses and Petrels (ACAP 2006)Convention on Biological Diversity (CBD •1992)Convention on International Trade in •Endangered Species of Wild Flora and Fauna (CITES 1973).

These agreements have implications for Commonwealth fisheries through the listing process under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). For example, in January 2010, mako and porbeagle sharks were listed as migratory species under the EPBC Act, which was a requirement when they were included in Appendix II of the Convention


2 1 . 2 w e s t e r n a n d c e n t r a l pa c i F i c F i s h e r i e s c o m m i s s i o n

F i g u r e 2 1 . 2 Area of competence of the Western and Central Pacific Fisheries Commission

Indonesian fishing vessels PHOTO: DAVID WILSON, ABARE –BRS


ta B l e 2 1 .1 Main features and statistics of the Convention for the Conservation and Management of Highly Migratory Fish Stocks in the Western and Central Pacific Ocean—implemented by the Western and Central Pacific Fisheries Commission

Feature Description

Commencement date 19 June 2004

Objective To ensure, through effective management, the long-term conservation and sustainable use of highly migratory fish stocks in the western and central Pacific Ocean in accordance with the 1982 United Nations Convention on the Law of the Sea and the 1995 UN Fish Stocks Agreement

Membership Members: 25Cooperating non-members: 7Other: 7 participating territories

Species covered under the management mandate

All species of highly migratory fish stocks (defined as all fish stocks of the species listed in Annex I of the 1982 UNLCOS occurring in the WCPFC convention area ), except sauries, and any other species of fish as the Commission may determine.

Annex I. Highly migratory species (UNCLOS 1982)Tuna: albacore tuna (Thunnus alalunga)a, bigeye tuna (Thunnus obesus)a, blackfin tuna (Thunnus atlanticus), kawakawa (Buthynnus affinis), little tuna (Buthynnus alletteratus), northern bluefin tuna (Thunnus thynnus), skipjack tuna (Katsuwonus pelamis), southern bluefin tuna (Thunnus maccoyii)a, yellowfin tuna (Thunnus albacares)a, frigate tuna/mackerel (Auxis thazard), bullet tuna/mackerel (Auxis rochei)Marlins/spearfish: shortbill spearfish (Tetrapturus anqustirostris), Mediterranean spearfish (Tetrapturus belone), longbill spearfish (Tetrapturus pfluegeri), Atlantic white marlin (Tetrapturus albidus), striped marlin (Tetrapturus audax)a, roundscale spearfish (Tetrapturus georgei), Indo-Pacific blue marlin (Makaira mazara), black marlin (Makaira indica), Atlantic blue marlin (Makaria nigricans)Sailfish: Indo-Pacific sailfish (Istiophorus platypterus)a, Atlantic sailfish (Istiophorus albicans)Swordfish: broadbill swordfish (Xiphias gladius)Pomfrets: Family BramidaeOceanic sharks: basking shark (Cetorhinus maximus), hammerhead sharks (Family Sphyrnidae), mackerel sharks (Family Isurida), requiem sharks (Family Carcharhinidae), sixgill shark (Hexanchus griseus), thresher sharks (Family Alopiidae), whale shark (Rhinodon typus)

Fishing methods Purse seine (with or without fish aggregating devices)Pelagic longlinePole-and-lineMinor line (handline, rod and reel, troll)

Primary landing ports Industrial: Japan, Taiwan, American Samoa (USA), PhilippinesArtisanal: numerous

Management methods Input controls: capacity limits, area closuresOutput controls: interim catch limits for flag states fishing for broadbill swordfish

Harvest strategy None agreed at this time. The Commission applies the precautionary approach as defined by the convention.

Consultative forums Commission, Scientific Committee, Technical and Compliance Committee, Northern Committee.

Main markets Japan, Chinese Taipei—fresh, frozen

Commonwealth fisheries involved

Eastern Tuna and Billfish Fishery (see Chapter 22)Eastern Skipjack Fishery (see Chapter 23)

Table 21.1 continues over the page


Feature Description

Fishery statisticsb 2007 calendar year 2008 calendar yearc

Estimated total catch 2 488 829 t 2 495 344 t

Authorised vessels Industrial: 9177 vessels from 27 flag statesArtisanald: many thousands

Industrial: n.a.Artisanald: many thousands

Active vessels 11 006 vessels from 37 flag states 10 709 vessels from 39 flag states

Value of production ~US$4 billion US$4.9 billion

UNCLOS = United Nations Convention on the Law of the Sea; WCPFC = Western and Central Pacific Fisheries Commission; n.a. = not availablea Species considered as important targets or byproduct for Australian Commonwealth fisheries. Southern bluefin tuna are managed by the

Commission for the Conservation of Southern Bluefin Tunab Fishery statistics provided by calendar year unless otherwise indicatedc Data for 2009 are not available from the secretariat until late in 2010d Artisanal vessels are those of length less than 24 m that fish within the EEZ of a coastal state.

ta B l e 2 1 .1 Main features and statistics of the Convention for the Conservation and Management of Highly Migratory Fish Stocks in the Western and Central Pacific Ocean—implemented by the Western and Central Pacific Fisheries Commission C O N T I N U E D

The Western and Central Pacific Fisheries Commission (WCPFC) is responsible for the world’s largest and most valuable tuna fishery. In 2008 the total tuna catch in the Convention Area was worth approximately US$4.9 billion (Williams & Terawasi 2009), up from approximately US$4 billion in 2007 (Lawson 2008) (Table 21.1). Tuna caught in the Convention Area contributed approximately 56% of the global tuna catch in 2008 (OFP & SPC 2009). The WCPFC area of competence (Fig. 21.2) includes the EEZ of many small island developing states, for whom tuna fishing is a primary source of income.

Before the 1980s pole-and-line was the major gear; since then, the catch of the purse-seine fleets has increased substantially and they are now responsible for most of the catch. The purse seiners target skipjack tuna (Katsuwonus pelamis) and also catch substantial amounts of bigeye tuna (Thunnus obesus) and yellowfin tuna (T. albacares), whereas the longliners target albacore tuna (T. alalunga), bigeye tuna and yellowfin tuna (Fig. 21.3). Australia’s component of the fishery is primarily in the longline sector (Eastern Tuna and Billfish Fishery—ETBF, see Chapter 22) and, to a much lesser extent, the purse-seine sector (Eastern Skipjack Fishery, see Chapter 23).

The 2008 total tuna catch was the highest ever recorded, with purse seiners catching 74%

of the total (longliners: 10%, pole-and-line: 7%; Williams & Terawasi 2009). Skipjack tuna contributed 67% of the 2008 total tuna catch, and yellowfin tuna 22%. Most of the catch (nearly 70%) was reported by the Philippines, Japan, Indonesia, the Republic of Korea and Fishing Entity of Taiwan. The total catch of Australia’s ETBF longline fleet (6685 t) in 2008 was less than 0.3% of the total WCPFC catch, with yellowfin tuna, swordfish (Xiphias gladius) and albacore tuna making up the majority of Australia’s catch.

The WCPFC Scientific Committee uses the reference points of BMSY

and FMSY in providing its advice on stock status; species with biomass estimates <BMSY are considered overfished, and fishing mortality >FMSY is considered overfishing. There are currently no agreed harvest strategies, explicit limit reference points or decision rules that are followed when reference points are reached.

The WCPFC has agreed to binding measures to address the impact of fishing on marine turtles, seabirds and sharks, although the current lack of data will make monitoring the efficacy of these measures difficult, particularly as there is no observer program covering all the fleets. However, such a program is in the advanced stages of development.


F i g u r e 2 1 . 3 Relative catch levels of key target species in the WCPFC, 2003–2007

NOTE: Data for 2008 and 2009 not available at time of printing

conservation and management measures At each annual session of the WCPFC, the Commission takes decisions concerning the conservation and management of species under its mandate (Table 21.1). These decisions are binding on all members and cooperating non-members of the Commission. In 2009 the WCPFC adopted eight new conservation and management measures (CMMs), the details of which can be found on the WCPFC website (www.wcpfc.int). CMMs most relevant to the biological status of target, byproduct and bycatch stocks were:

CMM 2009–02—on the application of high •seas FAD (fish-aggregating device) closures and catch retention. To ensure consistent and robust application of FAD closures and catch retention in the high seas between 20ºS and 20ºN through the specification of minimum standards, and to apply high standards to the application of the FAD

closure and catch retention in order to remove any possibility for the targeting of aggregated fish, or the discard of small fish.CMM 2009–03—on swordfish. To replace •CMM 2008–05, and ensure swordfish catch and effort is limited to that reported for any one year in the period 2000 to 2006.CMM 2009–04—on sharks.• To replace CMM 2008–06, on the utilisation and landing of sharks and shark products.CMM 2009–07—on Pacific bluefin •tuna. To ensure that the current level of fishing mortality rate is not increased in the convention area.CMM 2009–10—on the monitoring of •landings of purse-seine vessels at ports so as to ensure reliable catch data by species. To establish in 2010 an arrangement with a non-CCM to enable collection of species and size composition data from canneries in the non-CCM regarding purse-seine catch in the convention area. The progress shall be reported to the Commission.


2 1 . 3 commission For the conservation oF southern BlueFin tuna

F i g u r e 2 1 . 4 Relative fishing intensity for southern bluefin tuna in the area of competence of the Commission for the Conservation of Southern Bluefin Tuna, 2008

ta B l e 2 1 . 2 Main features and statistics of the Convention for the Conservation of Southern Bluefin Tuna—implemented by the Commission for the Conservation of Southern Bluefin Tuna

Feature Description

Commencement date 20 May 1994

Objective To ensure, through appropriate management, the conservation and optimum utilisation of the global Southern Bluefin Tuna Fishery

Membership Members: 6Cooperating non-members: 3Other: Fishing Entity of Taiwan is a member of the Extended Commission

Species covered under the management mandate

Southern bluefin tuna (Thunnus maccoyii)

Fishing methods Purse seinePelagic longlineMinor line (handline, rod and reel, troll and poling)

Primary landing ports Yaizu, Misaki—Japan; Port Lincoln—Australia

Management methods Output controls: global total allowable catch for members and cooperating non-members of 11 810 t

Harvest strategy No formal harvest strategy

Consultative forums Commission, Compliance Committee, Scientific Committee, Stock Assessment Group

Main markets Japan—fresh, frozen

Commonwealth fisheries involved Southern Bluefin Tuna Fishery (see Chapter 24)

Table 21.2 continues over the page


The Convention for the Conservation of Southern Bluefin Tuna, which established the Commission for the Conservation of Southern Bluefin Tuna (CCSBT), originated from discussions between Australia, Japan and New Zealand in the mid-1980s, following an observed decline in stock biomass. The convention applies when parties are fishing for southern bluefin tuna (SBT), rather than applying to fishing within a specified geographic area. Therefore, it covers areas of the Indian, Atlantic and Pacific Oceans, overlapping with the areas of competence of the CCAMLR, the WCPFC and the Indian Ocean Tuna Commission (IOTC) (Fig. 21.4). The CCSBT’s primary management tool is a global, multiyear total allowable catch (TAC), which is allocated to the flag states as national allocations. Australia, Japan, the Republic of Korea and Fishing Entity of Taiwan held the majority (89%) of the global TAC in 2009 (Table 21.3).

Most fishing vessels are large-scale, industrial vessels, which use pelagic longlines to target surface schools. However, the Australian fishery uses purse seines to catch juveniles, which are then grown out in aquaculture cages. Globally, just over half the TAC is taken by the longline fleets, mostly in the Indian Ocean. The Australian purse seine catch is nearly half the global TAC and is taken primarily in the waters off South Australia (see Chapter 24), with only a minor amount caught by longline vessels in the ETBF. Japan’s longline fleet takes most of its allocation from

Feature Description

Fishery statisticsa 2008 calendar year 2009 calendar year

TAC 11 810 t 11 810 t

Estimated total catch 11 369 t n.a.

Authorised vessels 1743 fishing vessels from nine flag states62 carrier vessels

1904 fishing vessels from 10 flag states107 carrier vessels

Active vessels n.a. n.a.

Authorised farms 38 farms, 18 companies 38 farms, 18 companies

Value of production n.a. n.a.

n.a. = not available; TAC = total allowable catch

a Fishery statistics provided by calendar year unless otherwise indicated.

the south-west and south-east Indian Ocean, while Korea mainly fishes in the south-west Indian Ocean. The Indonesian SBT catch is principally taken as a byproduct of longlining for tropical tunas on the SBT spawning ground, near Java (Fig. 21.5). Fishing Entity of Taiwan takes the majority of its allocation from the waters off south-western Australia (Fig. 21.4).

The CCSBT approved vessel list can change on a daily basis. On average, over the 2009 calendar year, approximately 1904 fishing vessels from 10 flag states and 107 carrier vessels were authorised to fish for SBT (last updated 11 January 2010). The CCSBT has also established a list of authorised fish farms. In 2009 a total of 38 farms were authorised, all of which were located at Port Lincoln, South Australia. Members and cooperating non-members will not validate trade documents

Tuna at Tsukiji Market, Tokyo PHOTO: HEATHER PATTERSON, ABARE –BRS

ta B l e 2 1 . 2 Main features and statistics of the Convention for the Conservation of Southern Bluefin Tuna—implemented by the Commission for the Conservation of Southern Bluefin Tuna C O N T I N U E D


interim rebuilding target reference point of 20% of the original spawning stock (CCSBT 2009). Consequently, the CCSBT reduced the global TAC for 2010 and 2011 to 9449 t each year, as detailed in Table 21.3.

for farms not on the list and will not accept imports of SBT product from such farms.

In 2000 the CCSBT agreed to develop a management procedure, analogous to a harvest strategy, which would include agreed rules for determining how the TAC would be set. Work towards this started in 2002, but stalled in 2005 when substantial unreported catches over an extended period were revealed. In 2009 work recommenced towards the development of a management procedure, focused initially on reconditioning the stock assessment operating model and testing candidate management procedures. The Commission agreed in 2009 that the management procedure would be implemented in 2011 and would form the basis for setting the TAC for 2012 and beyond (CCSBT 2009).

At its 16th annual meeting, the CCSBT agreed that the status of the SBT stock was at a critical stage and that a meaningful reduction in the TAC was necessary to recover the stock and work towards an

F i g u r e 2 1 . 5 Southern bluefin tuna migration paths around Australia

Tuna auction at Tsukiji Market, Tokyo PHOTO: HEATHER PATTERSON, ABARE –BRS


catch per unit effort series for the fishery and the importance of accurate reporting and validation of future catch and effort were highlighted. Recommendations of the reviews included agreement on management objectives and a rebuilding strategy. The reviews also recommended more balance, in terms of scientific effort and management focus, between SBT and ecologically related species.

conservation and management measures At each annual session of the CCSBT, the Commission makes resolutions concerning the conservation and management of SBT. These resolutions are binding on all members and cooperating non-members of the extended Commission. In 2009 the CCSBT adopted two new resolutions (the details of which can be found on the CCSBT website—www.ccsbt.org):

Resolution on the TAC and future •management of southern bluefin tuna. The CCSBT agreed that the status of the SBT stock was at a critical stage and that

ta B l e 2 1 . 3 Allocated catch of southern bluefin tuna

Flag stateallocated catch, 2009 (tonnes)

annual allocated catch, 2010 and 2011 (tonnes)

Effective catch limit, 2010 and 2011 (tonnes)a

Members

Australia 5 265 4 270 4 015

Japan 3 000 2 261 2 261

Republic of Korea 1 140 859 859

Fishing Entity of Taiwan 1 140 859 859

Indonesia 750 651 651

New Zealand 420 754 709

Cooperating non-members and observers

Philippines 45 45 45

South Africa 40 40 40

European Community 10 10 10

Total catch allocation 11 810 9 749 9 449

a To contribute to the rebuilding of the southern bluefin tuna stock, Australia and New Zealand agreed to make additional annual volun-tary reductions of 255 t and 45 t, respectively, for 2010 and 2011.

The CCSBT Ecologically Related Species Working Group discusses bycatch and ecosystem issues. This working group was initially established because of concerns regarding the incidental catch of seabirds. Aside from the CCAMLR, the CCSBT is the RFMO with the greatest overlap with the known distribution of albatross and petrels (Small 2005). Working group discussions have been hampered by a lack of available data on interactions with bycatch. In 2008 the CCSBT agreed to a non-binding resolution under which vessels would implement the bycatch mitigation measures of the WCPFC and the IOTC when fishing in these areas. Vessels fishing in CCAMLR waters must abide by the CCAMLR’s management measures.

The performance and independent reviews of the CCSBT (Bolton 2008; CCSBT 2008) focused on a range of issues and noted that the CCSBT has significant challenges to face in fulfilling its mandate. In terms of the scientific base for management, the reviews noted with concern overfishing and under-reporting of global catches. The need to establish a reliable and accurate historical catch and


2 1 . 4 i n d i a n o c e a n t u n a c o m m i s s i o n

F i g u r e 2 1 . 6 Indian Ocean Tuna Commission area of competence

a meaningful reduction in the TAC was necessary in order to recover the stock and work toward reaching an interim rebuilding target reference point of 20% of the original spawning stock by a date yet to be determined. Consequently, the CCSBT reduced the SBT global TAC for 2010 and 2011 by 20% of the previously allocated global TAC of 11 810 t to 9449 t.Resolution on action plans to ensure •compliance with conservation and management measures. To help ensure compliance with the TAC for 2010 and 2011, each member or cooperating non-member shall submit to the secretariat, by 1 April 2010, an action plan to ensure its compliance with the Commission’s conservation and management measures—in particular, its allocation under the global quota for SBT. The action plan shall include a scheme to systematically verify catch data of SBT and ecologically related species reported by fishers.

Juvenile tuna, South-east Asia market PHOTO: KATHRYN READ, DEWHA

21 international fishery management...

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