NOTE: In accordance to Article IX (5) of the IOTC Agreement, India has objected to IOTC Resolutions 13/02, 13/03, 13/06 and 13/07 adopted at the Seventeenth Session of the IOTC (Mauritius, 6–10 May 2013). According to the Article IX of the Agreement, and given the objection by India, an extension period of 60 days (until November 13 2013) now applies before the 4 IOTC Resolutions 13/02, 13/03, 13/06 and 13/07, come into force, unless one-third of the members also object.
Objection received [India]: Resolution 07/02 and Resolution 01/02 remain binding on India
The Indian Ocean Tuna Commission (IOTC),
RECALLING that IOTC has been taking various measures to prevent, deter and eliminate the IUU fisheries conducted by large-scale tuna fishing vessels;
FURTHER RECALLING that IOTC adopted the Resolution 01/06 Concerning the IOTC Bigeye Tuna Statistical Document Programme at its 2001 meeting;
FURTHER RECALLING that IOTC adopted the Resolution 01/02 [superseded by Resolution 13/02] Relating to Control of Fishing Activities at its 2001 meeting;
NOTING that large-scale fishing vessels are highly mobile and easily change fishing grounds from one ocean to another, and have high potential to operate in the IOTC area of competence without timely registration with the Commission;
RECALLING that the FAO Council adopted on 23 June 2001 an International Plan of Action aiming to prevent, to deter and to eliminate illegal, unregulated and unreported fishing (IPOA), that this plan stipulates that the regional fisheries management organisation should take action to strengthen and develop innovative ways, in conformity with international law, to prevent, deter and eliminate IUU fishing and in particular to establish records of vessels authorised and records of vessels engaged in IUU fishing;
RECALLING that the IOTC Record of Active Vessels was established by the Commission on 1 July 2003, via Resolution 02/05 Concerning the establishment of an IOTC record of vessels authorised to operate in the IOTC area of competence;
RECOGNISING the need to take further measures to effectively eliminate the IUU large scale tuna fishing vessels;
ADOPTS, in accordance with paragraph 1 of Article IX of the IOTC Agreement, that:
The Commission shall maintain an IOTC Record of fishing vessels that are:
and that are authorised to fish for tuna and tuna-like species in the IOTC area of competence (hereinafter referred to as ‘authorised fishing vessels’, or AFVs). For the purpose of this Resolution, AFVs that are not entered in the Record are deemed not to be authorised to fish for, retain on board, tranship or land tuna and tuna-like species.
Each Contracting Party and Cooperating Non-Contracting Party (hereinafter referred to as "CPC") shall submit electronically, where possible, to the IOTC Executive Secretary for those vessels referred to 1.a) and for those vessels referred to 1.b), the list of its AFVs that are authorised to operate in the IOTC area of competence.
This list shall include the following information:
All CPCs which issue authorisations to fish to their flag vessels to fish for species managed by the IOTC shall submit to the IOTC Executive Secretary, by 15 February of 2014, an updated template of the official authorisation to fish outside National Jurisdictions, and update this information whenever this information changes. This information includes:
The IOTC Executive Secretary shall publish the above information in a secure part on the IOTC website for MCS purpose.
The template in paragraph 3 shall be used exclusively for monitoring, control and surveillance purposes and a difference between the template and the authorisation carried onboard the vessel does not constitute an infraction, but will prompt the controlling State to clarify the issue with the identified Competent Authority of the flag State of the vessel in question.
Each CPC shall promptly notify, after the establishment of their initial IOTC Record, the IOTC Executive Secretary of any addition to, any deletion from and/or any modification of the IOTC Record at any time such changes occur.
The IOTC Executive Secretary shall maintain the IOTC Record, and take any measure to ensure publicity of the Record and through electronic means, including placing it on the IOTC website, in a manner consistent with confidentiality requirements noted by CPCs.
The flag CPCs of the vessels on the record shall:
CPCs shall review their own internal actions and measures taken pursuant to paragraph 7, including punitive actions and sanctions and, in a manner consistent with domestic law as regards disclosure, report the results of the review to the Commission annually. In consideration of the results of such review, the Commission shall, if appropriate, request the flag CPCs of AFVs on the IOTC Record to take further action to enhance compliance by those vessels with IOTC Conservation and Management Measures.
Each CPC shall notify the IOTC Executive Secretary of any factual information showing that there are reasonable grounds for suspecting vessels not on the IOTC Record to be engaged in fishing for and/or transhipment of tuna and tuna-like species in the IOTC area of competence.
The Commission and the CPCs concerned shall communicate with each other, and make the best effort with FAO and other relevant regional fishery management bodies to develop and implement appropriate measures, where feasible, including the establishment of records of a similar nature in a timely manner so as to avoid adverse effects upon tuna resources in other oceans. Such adverse effects might consist of excessive fishing pressure resulting from a shift of the IUU fishing vessels from the Indian Ocean to other oceans.
Each Contracting Party and Cooperating Non-Contracting Party with the IOTC shall:
Each Contracting Party and Cooperating Non-Contracting Party with the IOTC shall ensure that its fishing vessels authorised to fish in the IOTC area of competence are marked in such a way that they can be really identified with generally accepted standards such as the FAO Standard Specification for the Marking and Identification of Fishing vessels.
Each Contracting Party and Cooperating Non-Contracting Party with the IOTC shall ensure that all their respective fishing vessels greater than 24 m LOA and authorised to fish in the IOTC area of competence, keep a bound fishing national logbook with consecutively numbered pages. The original recordings contained in the fishing logbooks shall be kept on board the fishing vessel for a period of at least 12 months.
This Resolution supersedes Resolution 07/02 Concerning the establishment of an IOTC record of vessels authorised to operate in the IOTC area and Resolution 01/02 Relating to Control of Fishing Activities.
1 If a vessel currently holds an IMO number, it must be reported in its information. Further, it is expected that all vessels greater than 24 m would be able to provide IMO numbers by 2015.