Amendments to the Palau Arrangement For The Management Of The Western Pacific Purse Seine Fishery (Purse Seine Vessel Day Scheme)

Filename: 2012-Amendment-1992-ManagementWesternPacificPurseSeineFishery.AA20120427.EN.txt

Palau Arrangement For The Management Of The Western Pacific Fishery Management Scheme As Amended (Purse Seine Vessel Day Scheme)

Source: http://www.pnatuna.com/system/files/Palau%20Arrangement_Purse%20Seine%20..., downloaded 20130628

(Amended 27 April 2012)

Enhancing the management of purse seine fishing vessel effort in the waters of the Parties by: i) promoting optimal utilization and conservation of tuna resources; ii) maximizing economic returns, employment generation and export earnings from sustainable harvesting of tuna resources; ill) supporting the development of domestic locally based purse seine fishing

Article 1

Definitions

1.1 In this Management Scheme:

(i) ALC means Automatic Location Communicator or MTU (Mobile Transceiver Unit).

(ii) Adjusted PAE, in relation to a Party, means that Party's PAE as adjusted pursuant to Article 7 or 10.

(iii) Fishing activities includes the following:

(a) searching for, catching, taking or harvesting fish;

(b) attempting to search for, catch, take or harvest fish;

(c) engaging in any other activity which can reasonably be expected to result in the locating, catching, taking or harvesting of fish for any purpose;

(d) placing, searching for or recovering fish aggregating devices or associated electronic equipment such as radio beacons, or any other equipment used in the control, support or assistance of fishing operations of any description;

(e) any operations at sea directly in support of, or in preparation for, any activity described in paragraphs (a) to (d), except operations complying with a non-fishing day in Schedule 2 (Rev2);

(f) use of any vessel in connection with any activity described in paragraphs (a) to (e), except for emergencies involving the health and safety of the crew or the safety of a vessel.

(iv) Fishing day means any calendar day, or part of a calendar day, during which a purse seine vessel is in the EEZ of a Party outside of a port, but does not include a calendar day, or part of a calendar day, referred to in Article 6(ii).

(v) FSM Arrangement means the Federated States of Micronesia Arrangement for Regional Fisheries Access adopted in 1995;

(vi) home Party is as defined in the FSM Arrangement to mean in respect of a fishing vessel, the Party which has issued a licence, permit or authorization to the vessel, authorising the vessel to fish in the EEZ of that Party and through which the application for entry on the Register of Eligible Fishing Vessels is made;

(vii) Length Overall, in relation to a vessel, means the distance in metres (with an accuracy of two decimal places) in a straight line between the foremost point of the bow and the aftermost point of the stem, provided that the bow shall be taken to include the watertight hull structure, forecastle, stem and forward bulwark, and the stem sha1l be taken to include the watertight hull structure, transom. poop, skiff ramp and bulwark.

Article 2

Objectives and description

2.1 This Management Scheme is made pursuant to the Palau Arrangement. The objective of this Management Scheme is to enhance the management of purse seine fishing vessel effort in the waters of the Parties by encouraging collaboration between all Parties, and:

i) promoting optimal utilization and conservation of tuna resources;

ii) maximizing economic returns, employment generation and export earnings from sustainable harvesting of tuna resources;

iii) supporting the development of domestic locally based purse seine fishing industries;

iv) promoting effective and efficient administration, management and compliance.

2.2 Through this Management Scheme, the Parties shall seek to limit the level of fishing by purse seine vessels in their EEZs to the levels of total allowable effort agreed by the Parties to the Palau Arrangement.

Establishment of a VDS Committee

2.3. Oversight of the Management Scheme will be the responsibility of a Vessel Days Scheme Committee (VDSC) comprising a nominee of each of the Parties to the Palau Arrangement. The VDSC will be a sub-committee of the Palau Arrangement Parties and be subject to their absolute control. The VDSC will meet as required and be subject to the following general procedures:

Confidentiality

vi) Other than for the purposes of official reporting within government observers and guests shall be bound to keep any matter discussed by the VDSC confidential other than where agreed on a case by case basis by the Chair.

Meeting agenda and record

vii) An agenda shall be prepared for each meeting. A record of each meeting shall be kept by the Administrator and cleared by the VDSC before it concludes any meeting. The record shall be brief and only record the broad points of discussion by the VDSC, along with any viewpoint expressly requested by any VDSC member to be formally recorded and the precise outcome of any discussions whether they be in the form of a recommendation to a meeting of the Parties to the Palau Arrangement, or a decision.

Annual meeting of Parties to the Palau Arrangement

2.4 The annual meeting of the Parties to the Palau Arrangement will consider matters relating to the administration of this Management Scheme. In particular, but without limiting the matters the meeting can consider, it will be a function of the annual meeting to:

i) Consider any matter referred to it for decision by the VDSC. ii) Receive a briefing from the Administrator on catch and effort levels and any observed or potential increase in average effective fishing effort for each fishing day since the introduction of the Management Scheme (effort creep):

In respect of any observed effort creep the Parties shall take the necessary management action to ensure such effort creep is not detrimental to the fishery.

Options for management action by the Parties shall include controls on vessel length, vessel capacity, well size, the use of fish aggregating devices or any other necessary measure.

iii) Receive a briefing from the Administrator on any transfer of fishing days between Parties. In respect of any deliberation on this matter the Parties will take into account the need to ensure that such transfers are not detrimental to the fishery, this Management Scheme, or its objectives.

iv) Set the TAE in accordance with the provisions of this Management Scheme. v) Consider the need to establish procedures to consult with distant water fishing nations, fishing parties, fishing organizations, and other relevant organizations and provide direction to the Administrator in that respect. vi) Determine controls on high seas fishing to be applied to fishing parties operating under this Management Scheme or other arrangements, treaties or agreements.

Article 3

Non-application to certain purse seine vessels

3.1 This Management Scheme shall not apply to or affect the fishing activities by a purse seine vessel while it is operating under a valid licence issued under the US Treaty. This Article does not apply 10 the deliberations of the Parties to the Palau Arrangement when calculating the TAE when it will be necessary to consider the UST fleet and make adjustments to the TAE in accordance with the TAE setting process.

3.2 Article 3.1 does not apply where agreed to by the Parties to the US Treaty.

Article 4

Application to arlJiin purse seine vessels

4.1 This Management Scheme sha1l apply to purse seine vessels operating wtder a valid licence issued wtder the FSM Arrangement while such vessels are in the national EEZ of the home Party.

4.2 For FSM Arrangement vessels operating outside home Party EEZs. the following conditions apply:

(i) a separate allocation of fishing days for each Management Year shall be set by the Parties prior to the commencement of each Management Year;

(ii) once the total number of fishing days allocated to such purse seine vessels operating wtder a valid licence is reached, such vessels must cease fishing; and

(iii) H the Parties do not set an allocation of fishing days for such purse seine vessels operating under a valid licence, the allocation of fishing days set for the previous Management Year will apply.

Article 5

Obligation to limit fishing days

Each Party shall take all necessary measures to ensure that the number of fishing days by purse seine vessels in its EEZ does not exceed that party's PAE or Adjusted PAE in any Management Year other than in accordance with Article 3.

Article 6

Calcu1ation of fishing days

6.1 The following provisions shall govern the calculation of a Party's use of its PAE or Adjusted PAE during a Management Year, and shall be applied by the Administrator:

(i) If a purse seine vessel reports during any fishing day from positions in the waters of any of the Parties, that fishing day shall be allocated to the Parties according to the actual times spent in their waters.

(li) Where a purse seine vessel reports being in the fisheries zone of a Party for the whole period (00:00-24:00) of a calendar day:

a) that (whole) calendar day shall be counted as a fishing day if any fishing activity is undertaken during that calendar day;

b) that (whole) calendar day shall not be counted as a fishing day and shall not be deducted from the fishing days attributed to a Party if the vessel complies with the requirements of a non-fishing day in Schedule 2.

(iii) Where a purse seine vessel reports being in the fisheries zone of a Party for less than the whole period (00:00-24:00) of a calendar day:

a) that part of a calendar day shall be counted as a part fishing day if any fishing activity has been undertaken in the zone during that period;

b) that part of a calendar day shall not be counted as a fishing day and shall not be deducted from the fishing days attributed to a Party if the vessel complies with the requirements of a non-fishing day in Schedule 2.

(iv) Every fishing day by a purse seine vessel with a length overall of less than 50 metres shall equate to a deduction of one half of a fishing day;

(v) Every fishing day by a purse seine vessel with a length overall of between 50 metres and 80 metres shall equate to a deduction of one fishing day;

(vi) Every fishing day by a purse seine vessel with a length overall in excess of 80 metres shall equate to a deduction of one and one half fishing days.

(vii) There shall be no deduction of fishing days in respect of any period spent by a purse seine vessel within a port of a Party;

(viii) There shall be no deduction of fishing days in respect of any period spent by a purse seine vessel within the archipelagic waters of a Party.

(ix) There shall be no deduction from the days attributed to a Party of any fishing day or part of a fishing day for any time spent by an unlicensed purse seine vessel in the fisheries zone of a Party.

8

Article 7

PAE Adjustments: transfers between Parties and Pooling

7.1 Any two Parties may agree to a transfer between themselves of all or part of their PAE for a Management Year, provided that

(i) A Party may not agree to transfer to other Parties more than 100% of its PAE;

(ii) A Party may not agree to transfer any part of its PAE which that Party has already used at the time the request is made.

7.2 A Party that proposes to transfer PAE pursuant to an agreement under Article 7.1 must provide a transfer notification to the Administrator, using the form set out in Schedule 3 (a) and according to any transfer administration procedures that have been agreed by the Parties on the recommendation of the Administrator, no later than 31 January of the Management Year following the Management Year that the proposed transfer relates to. The transfer will be approved by the Administrator provided it meets the requirements of the Vessel Day Scheme.

7.3 If the Administrator is satisfied that the Parties have complied with the requirements of Articles 7.1 and 7.2, the Administrator shall adjust the PAE of the relevant Parties in accordance with the transfer notification.

7.4 The Parties may agree on arrangements for pooling days that include the transfer of all or part of their PAFs for pooling. Where such arrangements have been agreed to, the Parties shall adopt appropriate procedures for transfer and adjustments of PAEs to give effect to such arrangement.

Article 8

Register of Purse Seine Vessels

8.1 The Administrator shall establish and maintain a Register of Purse Seine Vessels (VDS Register) under this Management Scheme.

8.2 A purse seine vessel must be registered on the VDS Register in order to undertake fishing activities pursuant to this Management Scheme. Each Party shall ensure that every licence of a purse seine vessel includes a condition that no fishing activity may be undertaken pursuant to the licence during any period when the vessel is not registered on the VDS Register.

8.3 A purse seine vessel may only be registered on the VDS Register if:

.

i. The vessel has completed and submitted its annual application for the FFA Vessel Register;

ii. The vessel is in good standing on the FFA Vessel Register;

iii. The VD5 Register registration fee, as set out in Schedule 4, has been paid; and

iv. The Administrator is satisfied that the vessel will be able to comply with the requirements of this Management Scheme.

8.4 The Administrator must register a purse seine vessel on the VD5 Register if the requirements of Article 8.3 have been satisfied in relation to that vessel. Upon a purse seine vessel becoming registered on the VD5 Register, the Administrator must notify the vessel owner and the relevant Party of that fact, and of the commencement date of the registration.

8.5 Parties shall notify the Administrator of any licence issued to a vessel under the VDS Register, including the duration of the license, days allocated to each vessel or fleet and restrictions imposed thereunder.

8.6 Subject to Article 8.7, the registration of a purse seine vessel on the VD5 Register shall remain in effect until the end of the VDS Register registration period.

8.7 The Administrator must delete a vessel from the VD5 Register if:

i. The vessel owner requests the Administrator to delete the vessel from the VDS Register; or,

ii. A Party requests that a vessel be deleted from the VD5 Register; or

iii. The Administrator is satisfied that the vessel has failed to comply with the requirements of this Management Scheme.

8.8 The Administrator shall not delete a purse seine vessel from the VDS Register pursuant to Article 8.7 unless the Administrator first consults with the Parties about the proposed deletion, and no Party objects to the proposed deletion of the vessel from the VD5 Register. If the Administrator deletes a vessel from the VDS Register, the Administrator must notify the vessel owner and any relevant Party of the fact and date of the deletion. A purse seine vessel that has had its registration on the VD5 Register deleted must satisfy the requirements of Article 8.3 in order to be registered again on the VDS Register.

8.9 The Administrator shall provide monthly notifications to all Parties of changes to the VDS Register, including details of new vessel registrations and deletions of vessel registrations. The Administrator shall also maintain the VD5 Register on a secure internet website that is accessible only by the Parties and the Administrator.

Article 9

Monitoring

9.1 A purse seine vessel must have an ALC reporting normally and automatically at all times during which it is registered on the VD5 Register and within the Vessel Day Scheme Management Area, and must ensure that the ALC provides location transmissions at intervals of at least every hour.

9.2 If the Administrator does not receive either an ALC transmission from a purse seine vessel to which Article 9.1 applies, or a transmission failure report from a purse seine vessel pursuant to Article 9.3, the Administrator shall notify the vessel of the transmission failure no later than 12 hours after the ALC transmission was due, and require the vessel to submit transmission failure reports to the Administrator pursuant to Article 9.3.

9.3 If a purse seine vessel becomes unable to transmit by ALC for any reason, the operator of the vessel shall, as soon as practicable, submit a transmission failure report, in the form set out in Schedule 5, to the Administrator and to any Party in whose EEZ the vessel is undertaking fishing activities. The first transmission failure report shall account for the period from the time of notification by the Administrator to the time of submission of the report. Subsequent transmission failure reports shall be submitted at intervals of 4 hours.

9.4 If at any time a purse seine vessel is unable to comply with the requirements of this Article, the master of that vessel must immediately stow the vessel's fishing gear and take the vessel directly to the nearest port, or such other port as the Administrator directs, and immediately report to the Administrator of its actions under this Article.

Article 10

Compliance

10.1 Each Party shall take all necessary measures to ensure that every purse seine vessel that is licensed to fish in its EEZ, and every purse seine vessel that is entitled to fly its flag. comply with the requirements of this Management Scheme.

10.2 If a Party exceeds its PAE or Adjusted PAE at any time during a Management Year, the Administrator shall within 7 days, notify the Party. That Party shall report to the Administrator within 21 days on its measures to ensure adherence to its PAE or Adjusted PAE, including any arrangements for transfer of PAE pursuant to Article 7..

10.3 If the level of purse seine fishing in the EEZ of a Party exceeds its PAE for a Management Year, that Party's PAE for the following Management Year shall be adjusted by deducting:

(i) If the excess is less than 100 days -the amount of the excess;

(ii) If the excess is 100 days or more -120% of the excess.

10.4 The Administrator shall promptly provide a report to all Parties with details of any PAE adjustment pursuant to this Article, and a statement of that Party's Adjusted PAE for any Management Year affected by the adjustment.

Article 11

Administrator

11.1 The Administrator of this Management Scheme shall be the Director of the Parties to the Nauru Agreement Office.

11.2 The Administrator sail have the following functions:

(i) performing any function that this Management Scheme requires the Administrator to perform;

(ii) receiving information and documents from the Parties;

(iii) receiving Registration Application Fees pursuant to Article 9.3 (iii);

(iv) convening meetings of the Parties pursuant to this Article;

(v) performing any function that the Parties direct the Administrator to perform; and

(vi) performing any function that is necessary for the effective administration of this Management Scheme.

11.3 The Administrator sail perform their functions consistently with any direction given by the Parties. The Administrator shall consult with the Parties as required and take all necessary steps to ensure that reports and information required to be provided by Parties are provided on time.

11.4 The Administrator shall apply fees collected pursuant to this Management Scheme as directed by the Parties. The Administrator sail prepare an annual budget for this Management Scheme, for consideration and approval by the Parties at the annual Management Meeting under the Palau Arrangement

11.5 The Administrator shall convene a special meeting of the Parties to consider the operation of this Management Scheme if the Administrator receives a written request for such a meeting, and where that request is supported by a minimum of three (3) additional Parties.

Article 12

Calculation of TAE and PAE

12.1 The TAE is the maximum number of fishing days undertaken by all licensed purse seine vessels in all EEZs of the Parties to the Palau Arrangement in any Management Year.

Calculation of the TAE

12.2 The TAE will be set by the Parties at their annual meeting or at such other time agreed to by the Parties having regard to:

Allocation of the TAE among the Parties

12.3 Prior to the allocation of the TAE amongst the Parties, the TAE shall be adjusted by making a deduction from the TAE in accordance with Article 12.6 and Article 12.7.

12.4 The adjusted TAE shall be allocated amongst the Parties as their Party Allowable Effort (PAE).

12.5 The PAE for each Party shall be expressed as a percentage. The formula for calculating the PAE shall be selected by each Party from either of the two options set out hereunder.

i) (a) 40 percent of the PAE is based on the distribution of the assessed relative biomass of skipjack and yellowfin within the waters of the Parties, excluding archipelagic waters -for this purpose the average shall be taken over a ten (10) year period using the most recent available data; and(b) 60 percent on the average of the annual distribution of the number of vessel days fished in the waters of the Parties, for this purpose the average shall be taken over a seven (7) year period using the most recent available data; or

ii) 100 percent on the average of the annual distribution of the number of vessel days fished in the EEZs of the Parties, for this purpose the average shall be taken over a seven (7) year period using the most recent available data.

Allocation of TAE for the FSM Arrangement and US Treaty Fleets

12.6 Prior to the allocation of the TAE amongst the Parties, an amount of fishing days will be allocated for purse seine vessels operating under a valid licence issued under the US Treaty. This allocation will be calculated on the basis of the average number of days fished by these fleets over a seven (7) year period using the most recent available data.

12.7 In accordance with Article 4.1, prior to the allocation of the TAE amongst the Parties, an amount of fishing days will be allocated for purse seine vessels operating under a valid licence issued under the FSM Arrangement.• when fishing outside the EEZs of the home Party.

Updating of PAE

12.8 Each PAE shall be updated every year using the formula described in Article 12.6 using the most recent data.

Article 13

Amendment to the Vessel Days Scheme

This vessel day scheme may be amended in any respect by the agreement of the Parties to the Palau Arrangement

Article 14

Fees for administration of the Vessel Day Scheme and charges for vessel days

14.1 The Parties to the Palau Arrangement may, at any meeting, agree upon or vary any fees to be charged by vessels registered to operate under this Management Scheme and the scheme for administration of any such fees.

14.2 The Parties to the Palau Arrangement may, at any meeting, agree upon a scheme for standardising fees for the sale of vessel days.

SCHEDULE1

PALAU ARRANGEMENT FOR THE MANAGEMENT OF THE WESTERN PACIFIC FISHERY -MANAGEMENT SCHEME (PURSE SEINE VESSEL DAY SCHEME)

SCHEDULE 2 (Rev 21 {as revised by PA17. 27 April 20121

REPORT TO ADMINISTRATOR ON VESSELS IN ZONE NOT ENGAGED IN FISHING ACTIVITIES

Party Submitting Report, _ Zone:

Name of vessel: _ Vessel's International call sign: _

Vessel's VDS Register Registration No (ii applicable):, _ FFA Vessel Register No. (vid): _

Date, time and position (!at/Ion) of entry into Party's EEZ: _

Date, time and position (!at/Ion) of exit from Party's

EEZ:------¬

Date, time and position (lat/lon) of cessation of fishing activity:~ _

Date, time and position (lat/lon) of recommencement of fishing activity: _

Specify reason for vessel's presence in the Party's EEZ:

o licensed fishing

o Unlicensed Transit •

Note:

For purposes of calculation of a fishing day, a day shall be treated as a fishing day when a vessel undertakes any fishing activity during that day or part of the 24 hour period of that day.

For unlicensed vessels, any day or part of a day in a zone shall be counted as a non-fishing day.

For licensed vessels any day or part of a day in a zone shall be counted as a non-fishing day when there has been no fishing activity in the zone of the Party on that day for any of the reasons set out below:

Specify reason for not undertaking fishing activity during the period given above:

o Bad weather: Only qualifies as a non-fishing day if the vessel is unable to make a set or any other fishing activity during the 24 hour period. In addition, the Captain needs to notify the licensing country.

Specify reason for bad weather

o Strong winds (scale )

,

o Roughseas

o Related to current

o Full catch &; sailing for port: Only qualifies as a non-fishing day if notification is sent to the licensing country. If the vessel doesn't have a full catch but is returning straight to port, the Captain needs to inform the appropriate party beforehand specifying:

• The vessel's position

• The port destination.

The vessel sailing for port shall ensure the following:

All fishing gears are stowed';

The vessel proceeds directly from its position lD its port destination; and

The vessel maintains a straight course and steady speed.

H any fishing activity is undertaken on the vessel's return to port, or any of the above requirements are not adhered to, then all the days on the return travel will be treated as fishing days.

• o Breakdown: Only qualifies as a non-fishing day if the vessel is broken down with no fishing activity during the 24 hour period, and the breakdown prevents the vessel from fishing.

• o Repairing net: Only qualifies as a non-fishing day if the vessel is only repairing net(s) with no fishing activity during the 24 hour period

• o Net cleaning (trial) set: Only qualifies as a non-fishing day if no fishing activity takes place during the 24 hour period, the net is set in a straight line and without the purse wire attached, subject to verification against the report of the observer.

.

o Emergency. Only qualifies as a non-fishing day if no fishing activity occurs within the 24 hour period, subject to verification against the report of the observer, and the emergency involves:

• The health and safety of the crew;

• The safety of the vessel;

• . Assisting in search and rescue operations at sea.

• o Bunkering Only qualifies as a non-fishing day if no fishing activity takes place during the 24 hour period, subject to verification against the report of the observer.

o licensed Transit Only qualifies as a non-fishing day if pre-advised notification is sent to the coastal State(s) that the vessel will be transiting through, specifying the following information:

• The transit destination,

• Entry point and exit point.

Transiting vessels shall ensure the following:

• All fishing gears are stowed';

• The vessel proceeds directly from the entry point to the exit point; and

• The vessel maintains a straight course and steady speed.

If any fishing activity is undertaken during any period of the pre-advised transit, or any of the above requirements are not adhered to, all the transit days will be counted as fishing days.

I Stowed: The fishing gear of the vessel must be stowed in a manner as not to be readily available for fishing. In particular, the boom must be lowered as far as possible so that the vessel cannot be used for fishing, but so that the skiff is accessible for use in emergency situations; the helicopter, if any, must be tied down; and launches must be secured.

PALAU ARRANGEMENTFOR THE MANAGEMENT OF THE WESTERN PACIFIC FISHERY -MANAGEMENTSCHEME (PURSE SEINE VESSEL DAY SCHEME)

SGIEDULE3 W

PART A

PAE TRANSFER NOTIFICATION: PARTY-PARTY TRANSFER [Name of Party from which PAE to be transferred from] notifies the Administrator to effect a

transfer of fishing days of its PAE for Management Year to [name of Party to receive transfer).

Amount of PAE to be transferred (in fishing days): .................................

..................................

[Authorised Officer] •

Name: .

•.

Des. 19t'\abon: .

Telephone: .. Facsimile: '" . Email: .

PALAU ARRANGEMENT FOR 'IHE MANAGEMENT OF 'IHE WESTERN PACIFIC FISHERY -MANAGEMENT SCHEME (PURSE SEINE VESSEL DAYSCHEME)

SCHEDULE 4

SCHEDULE OF FEES PAYABLE PURSUANT TO THE MANAGEMENT SCHEME (all fees are stated in United States Dollar)

Amount

Fee Description

$2,000.00•

VDS . ter R • ation Fee

• The VDS Register Registration Fee is $2,lXXJfor each VDS Regis~ Registration Period.

PALAU ARRANGEMENTFOR THE MANAGEMENT OF THE WESTERN PACIFIC FISHERY -MANAGEMENT SCHEME (PURSE SEINE VESSEL DAY SCHEME)

SCHEDULES

INFORMATION FOR INCLUSION INA TRANSMISSION FAILURE REPORT

THE FOLLOWING INFORMATION MUST BE INCLUDED IN ANY TRANSMISSION FAILURE REPORT: Dare (dd/mm/yyyy): Vessel Name: FFA Vessel Register No: (vid): Vessel's VDS Register Registration No (if applicable): Call Sign: ALe Make and model: AleSerial Number:

Dare, time, position (lat/lon) and zone of last manual transmission:

Dare, time, position (lat/lon) and zone of manual transmissions (at four-hour inrervals):

Operator/Captain Name: Observer's Name (if applicable)