Concerned that illegal, unreported and unregulated (IUU) fishing for Dissostichus spp. in the Convention Area threatens serious depletion of populations of Dissostichus spp.,
Aware that IUU fishing involves significant by-catch of some Antarctic species, including endangered albatross,
Noting that IUU fishing is inconsistent with the objective of the Convention and undermines the effectiveness of CCAMLR conservation measures,
Underlining the responsibilities of Flag States to ensure that their vessels conduct their fishing activities in a responsible manner,
Mindful of the rights and obligations of Port States to promote the effectiveness of regional fishery conservation measures,
Aware that IUU fishing reflects the high value of, and resulting expansion in markets for and international trade in, Dissostichus spp.,
Recalling that Contracting Parties have agreed to introduce classification codes for Dissostichus spp. at a national level,
Recognising that the Catch Documentation Scheme for Dissostichus spp. (CDS) provides the Commission with important information to assist with achieving the precautionary management objectives of the Convention,
Committed to take steps, consistent with international law, to identify the origins of Dissostichus spp. entering the markets of Contracting Parties and to determine whether Dissostichus spp. harvested in the Convention Area that is imported into their territories were caught in a manner consistent with CCAMLR conservation measures,
Wishing to reinforce the conservation measures already adopted by the Commission with respect to Dissostichus spp.,
Further recognising the importance of enhancing cooperation with non-Contracting Parties to help prevent, deter and eliminate IUU fishing in the Convention Area,
Acknowledging that the Commission has adopted a policy to enhance cooperation between CCAMLR and non-Contracting Parties,
Inviting non-Contracting Parties whose vessels fish for Dissostichus spp. to participate in the CDS,
Further noting the importance of providing a mechanism for confiscated Dissostichus spp. to be sold or disposed of through the CDS,
1.The following definitions are intended only for the purpose of the completion of CDS documents and shall be applied as stated regardless of whether such actions as landings, transhipments, imports, exports or re-exports constitute the same under any CDS participant’s relevant domestic law:
(i)Dissostichus catch document (DCD) is a document, generated by the electronic CDS (e-CDS), containing information relating to the harvest, transhipment and landing of Dissostichus spp. as contained in Annex 10-05/A, Attachment 1.Dissostichus Export Document (DED) is a document, generated by the e-CDS, containing information relating to the export of Dissostichus spp. as contained in Annex 10-05/A, Attachment 1.Dissostichus Re-Export Document (DRED) is a document, generated by the e-CDS, containing information relating to the re-export of Dissostichus spp. as contained in Annex 10-05/A, Attachment 1.
(ii)CDS Contact Officer is a person appointed by a Contracting Party or non-Contracting Party cooperating with CCAMLR by participating in the CDS, whose details are provided to the CCAMLR Secretariat and who is responsible for:
- issuing and validating DCDs, DEDs and DREDs;
- requesting amendments to e-CDS data;
- providing e-CDS user access to other persons as required.
(iii)e-CDS is the web-based application implemented by CCAMLR to support the CDS for the creation, validation and storage of DCDs, DEDs and DREDs.
(iv)e-CDS User Manual: The CCAMLR-developed document that describes, inter alia, the roles, responsibilities, processes and steps associated with the operation of the e-CDS for the creation, validation and storage of DCDs, DEDs and DREDs.
(v)Export: Any movement of Dissostichus spp. in any form from territory under the control of the State or free-trade zone of landing, or, where that State or free-trade zone forms part of a customs union, any other member State of that customs union.
(vi)Import: The physical entering or bringing of Dissostichus spp. in any form into any part of the geographical territory under the control of a State, except where the Dissostichus spp. are landed or transhipped within the definitions of ‘landing’ or ‘transhipment’ in this conservation measure. Dissostichus spp. that has been previously landed and that enters the territory of a State for the sole purpose of in-bond transit to another State, without undergoing any change in quantity or form, does not constitute an import for the purposes of this conservation measure.
(vii)Landing: The initial unloading or transfer of Dissostichus spp. in any form from a vessel to dockside, even if subsequently transferred to another vessel, in a port or free-trade zone where the Dissostichus spp. are certified by an authority of the Port State as landed.
(viii)Port State: The State that has control over a particular port area or free-trade zone for the purposes of landing, transhipment, importing, exporting and re-exporting and whose authority serves as the authority for landing or transhipment certification.
(ix)Re-export: Any movement of Dissostichus spp. in any form from territory under the control of a State, free-trade zone, or member State of a customs union of import unless that State, free-trade zone, or any member State of that customs union of import is the first place of import, in which case the movement is an export within the definition of ‘export’ in this conservation measure.
(x)Specially Validated Dissostichus Catch Document (SVDCD): A DCD that has been specially issued by a State, or by the Secretariat on behalf of a State, to accompany seized or confiscated Dissostichus spp. offered for sale or otherwise disposed of by the State.
(xi)Transhipment: The transfer of Dissostichus spp. that have not previously been landed, from one vessel directly to another, either at sea or in port. The offload or transfer in port of Dissostichus spp. from a vessel to a container is a landing within the definition of ‘landing’ in this conservation measure.
2.Each Contracting Party and non-Contracting Party cooperating with CCAMLR by participating in the CDS shall take steps to identify the origin of Dissostichus spp. landed in, imported into, or exported or re-exported from its territories and determine whether Dissostichus spp. harvested in the Convention Area that is landed in, imported into, or exported or re-exported from its territories was caught in a manner consistent with CCAMLR conservation measures.
3.Each Contracting Party and non-Contracting Party cooperating with CCAMLR by participating in the CDS shall require that each landing of Dissostichus spp. at its ports and each transhipment of Dissostichus spp. from, or to, its vessels be accompanied by a completed DCD. The landing or transhipment of Dissostichus spp. without a DCD is prohibited. The use of the e-CDS to generate, validate and complete a DCD is mandatory.
5.A Flag State must be satisfied, through the use of VMS data (as described in Conservation Measure 10-04, paragraph 2) that the FAO area(s) or CCAMLR subarea(s) or division(s) where the Dissostichus spp. were taken was accurately reported by the vessel on the DCD, and check the vessel’s authorisation to fish before issuing a unique Flag State Confirmation Number on a DCD. The Flag State’s CDS Contact Officer shall not issue a Flag State Confirmation Number on a DCD if there is reason to believe that the information submitted by the vessel is inaccurate or that the Dissostichus spp. were taken in a manner inconsistent with CCAMLR conservation measures if fishing occurred in the CAMLR Convention Area.
6.Each Contracting Party and non-Contracting Party cooperating with CCAMLR by participating in the CDS shall require that each shipment of Dissostichus spp. imported into, or exported or re-exported from its territory be accompanied by a DED or DRED. The import, export or re-export of Dissostichus spp. without a DED or DRED is prohibited.
7.DEDs and DREDs must be completed as described in Annex 10-05/A. The use of the e-CDS to generate, validate and complete a DED and/or a DRED is mandatory.
8.When DCDs, DEDs or DREDs need to be provided in hard-copy form, a printout of the document generated by the e-CDS shall be accepted.
9.Each Contracting Party and non-Contracting Party cooperating with CCAMLR by participating in the CDS shall ensure that its customs authorities or other appropriate government officials request and examine the documentation of each shipment of Dissostichus spp. imported into, or exported or re-exported from its territory. The examination will confirm that documentation for each shipment includes DED(s) and, where appropriate, DRED(s) that account for all the Dissostichus spp. contained in the shipment and verify that the information contained in the DEDs and/or DREDs is consistent with the information contained in the e-CDS. Where necessary, such officials shall also examine the content of any shipment to verify the information contained in the DED(s) and/or DRED(s).
10.If, as a result of an examination referred to in paragraph 9 above or any other inspection or investigation conducted in accordance with relevant domestic law, a question arises regarding the information contained in a DCD, DED or DRED, the exporting State whose government authority validated the document(s) and, as appropriate, the Flag State whose vessel completed the document are called on to cooperate with the importing State with a view to resolving such question.
11.Once created using the e-CDS, all DCDs, DEDs and DREDs will be available to the CCAMLR Secretariat and any Member who has had a role in the completion of the documents, as well as the importing State.
12.Any Contracting Party or non-Contracting Party cooperating with CCAMLR by participating in the CDS may require additional verification, from the relevant CDS Contact Officer, of information contained in DCDs, DEDs or DREDs by using, inter alia, VMS, in respect of Dissostichus spp.1 taken outside the Convention Area, when landed at, imported into, or exported or re-exported from its territory.
13.If, following an examination under paragraph 9 or any other inspection or investigation conducted in accordance with relevant domestic law, questions under paragraph 10 or requests for additional verification of documents under paragraph 12 arise, and it is determined, after consultation with the States concerned, that any information contained within a DCD, DED or DRED is invalid or the Dissostichus spp. were not harvested in a manner consistent with CCAMLR conservation measures, the import, export or re-export of Dissostichus spp. that are the subject of the document(s) is prohibited.
14.If a Contracting Party or non-Contracting Party cooperating with CCAMLR by participating in the CDS has cause to sell or dispose of seized or confiscated Dissostichus spp., it may issue an SVDCD specifying the reasons for that validation. The SVDCD shall include a statement describing the circumstances under which confiscated fish are moving in trade. To the extent practicable, Contracting Parties shall ensure that the sale of seized or confiscated Dissostichus spp. does not result in any financial benefit accruing to those responsible for, or benefiting from, the activities that led to the seizure or confiscation of the catch (i.e. including operators, effective beneficiaries, owners, logistics and service providers). If a Contracting Party or non-Contracting Party cooperating with CCAMLR by participating in the CDS issues an SVDCD, it shall immediately report all such validations to the Secretariat for conveying to all Parties and, as appropriate, recording in trade statistics.
15.Where a non-Contracting Party2 has cause to sell or dispose of seized or confiscated Dissostichus spp., a Contracting Party may request the Secretariat to issue a SVDCD on behalf of that non-Contracting Party. The request shall be accompanied by a statement from the Contracting Party specifying the reasons for requesting the SVDCD. The statement shall include all of the necessary information to enable the Secretariat to complete an SVDCD on behalf of the non-Contracting Party and an explanation of:
(i)the circumstances in which the Dissostichus spp. were seized or confiscated, including details of the vessel from which the Dissostichus spp. were seized; or, if Dissostichus spp. had been landed when it was seized, the details of the vessel from which the Dissostichus spp. were landed, as far as they are known;
(ii)the steps taken to ensure that the information to be contained in the SVDCD is accurate and to maintain the effectiveness of the CDS. Such steps shall include, at a minimum:
(a)action taken by the Contracting Party to support the non-Contracting Party in monitoring the unload, or in seizing or confiscating the Dissostichus spp. if it had already been unloaded, including steps taken to verify the species and catch weights;
(b)action taken by the Contracting Party to support efforts by the non-Contracting Party to ensure that the sale of the seized or confiscated Dissostichus spp. does not result in any financial benefit accruing to those responsible for, or benefiting from, the activities that led to the seizure or confiscation of the catch (i.e. including operators, effective beneficiaries, owners, logistics and service providers);
(c)action taken to seek information from other States that have links to the vessel to ensure that the sale of the seized or confiscated Dissostichus spp. does not result in any financial benefit accruing to those responsible for, or benefiting from, the activities that led to the seizure or confiscation of the catch (i.e. including operators, effective beneficiaries, owners, logistics and service providers);
(a)under which the product was seized or confiscated, and which would apply to the sale or disposal of the product;
(b)that may have been breached by the master, crew and any other persons associated with the operations of the vessel from which the Dissostichus spp., was seized, confiscated or landed.
(iv)the action taken, or being taken, by the non-Contracting Party under the laws identified in paragraph (iii):
(b)whether the responsible non-Contracting Party authority obtained copies of the crew list of the vessel from which the Dissostichus spp., was seized, confiscated or landed and of the passports of the master and crew. Copies of these documents shall accompany the statement if they are available, subject to the Contracting Party’s domestic law.
16.The Contracting Party shall provide additional information to the Secretariat as it becomes available.
17.The Secretariat shall, as soon as practicable, circulate to all Contracting Parties the request and information provided under paragraph 15. Contracting Parties shall make any comments or requests for further information, where the information required by paragraph 15 has not been provided, within fourteen (14) days.
18.The Contracting Party making the request under paragraph 15 shall provide the further information requested, if available, or the reasons why that information is not available, within fourteen (14) days from any Contracting Party making a request for further information in accordance with paragraph 17.
19.If there are no comments on the request in accordance with paragraph 17, or if the Contracting Party making the request under paragraph 15 has responded in accordance with paragraph 18, the Secretariat shall issue an SVDCD if the request contains the information required by paragraph 15.
20.Where the Secretariat has issued an SVDCD in accordance with paragraph 15, the Secretariat will, if requested to do so by the Contracting Party on behalf of the non-Contracting Party:
(i)generate a DED to accompany a shipment from the territory of the non-Contracting Party of all, or a portion of, the Dissostichus spp. subject to the SVDCD;
(ii)facilitate temporary access by the non-Contracting Party to the e-CDS to enable the non-Contracting Party to complete the DED.
21.Once one SVDCD has been issued in respect of a particular non-Contracting Party under paragraph 15, SCIC shall determine at its next meeting whether a further SVDCD may be issued in respect of that non-Contracting Party without that non-Contracting Party submitting an application to become a non-Contracting Party cooperating with CCAMLR by participating in the CDS.
22.At its annual meeting SCIC shall review all circumstances under which an SVDCD was issued in the period since the last annual meeting, and shall recommend to the Commission any further action that it deems appropriate.
23.A Contracting Party, a non-Contracting Party cooperating with CCAMLR by participating in the CDS, or a non-Contracting Party on whose behalf an SVDCD has been issued by the Secretariat under paragraph 15, may transfer all, or part of, the proceeds from the sale of seized or confiscated Dissostichus spp. into the CDS Fund created by the Commission or into a national fund which promotes achievement of the objectives of the Convention. In addition, a Contracting Party, a non-Contracting Party cooperating with CCAMLR by participating in the CDS or a non-Contracting Party on whose behalf an SVDCD has been issued by the Secretariat under paragraph 15, may offer voluntary contributions to support the CDS Fund and its related activities. A Contracting Party or non-Contracting Party cooperating with CCAMLR by participating in the CDS may, consistent with its domestic law, decline to provide a market for toothfish offered for sale with an SVDCD by another State. Provisions concerning the uses of the CDS Fund are found in Annex 10-05/B.
24.Non-Contracting Parties which are involved in the trade of Dissostichus spp. are encouraged to cooperate with CCAMLR by participating in the CDS and to approach CCAMLR with requests for assistance in this regard. The procedure regarding cooperation with CCAMLR in the voluntary implementation of the CDS by non-Contracting Parties involved in the trade of Dissostichus spp. including, but not limited to, those that have had an SVDCD issued on their behalf, is set out in Annex 10-05/C.