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The Indian Ocean Tuna Commission (IOTC),
RECOGNISING Resolution 12/01 On the Implementation of the Precautionary Approach calls on IOTC Contracting Parties and Cooperating Non-Contracting Parties to apply the precautionary approach when managing tuna and tuna-like species in accordance with Article V of the United Nations Fish Stocks Agreement;
RECOGNISING the ecological and cultural significance of cetaceans in the Indian Ocean;
MINDFUL that cetaceans are particularly vulnerable to exploitation including from fishing;
CONCERNED about the potential impacts of purse seine fishing operations on the sustainability of cetaceans;
NOTING that under Resolution 10/02 [superseded by Resolution 15/02] On mandatory statistical reporting requirements for IOTC Contracting Parties and Cooperating Non-Contracting Parties (CPC’s), paragraph 3: ‘CPCs are also encouraged to record and provide data on species other than sharks and tunas taken as bycatch’;
CONCERNED by the lack of accurate and complete data collection and reporting to the IOTC Secretariat concerning interactions and mortalities of non-target species with fishing vessels in the IOTC area of competence;
FURTHER NOTING that the IOTC Working Party on Ecosystems and Bycatch (WPEB) noted paper IOTC–2011–WPEB07–08 which reviewed the status of the information available on non-target species associated with IOTC fisheries; recommended that data on marine mammal interactions with IOTC fisheries are collected and reported by CPCs to the IOTC Secretariat;
ADOPTS in accordance with paragraph 1 of Article IX of the IOTC Agreement, that:
This measure shall apply to all fishing vessels flying the flag of a CPC and on the IOTC Record of Fishing Vessels or authorised to fish tuna and tuna-like species managed by the IOTC on the high seas. The provisions of this measure do not apply to artisanal fisheries operating exclusively in their respective EEZ.
Contracting Parties and Cooperating Non-Contracting Parties (collectively, CPCs) shall prohibit their flagged vessels from intentionally setting a purse seine net around a cetacean in the IOTC area of competence, if the animal is sighted prior to the commencement of the set.
CPCs shall require that, in the event that a cetacean is unintentionally encircled in a purse seine net, the master of the vessels shall:
a) take all reasonable steps to ensure the safe release of the cetacean, while taking into consideration the safety of the crew. These steps shall include following the best practice guidelines for the safe release and handling of cetaceans developed by the IOTC Scientific Committee;
b) report the incident to the relevant authority of the flag State, with the following information:
i. the species (if known);
ii. the number of individuals;
iii. a short description of the interaction, including details of how and why the interaction occurred, if possible;
iv. the location of the encirclement;
v. the steps taken to ensure safe release;
vi. an assessment of the life status of the animal on release, including whether the cetacean was released alive but subsequently died.
CPCs using other gear types fishing for tuna and tuna-like species associated with cetaceans shall report all interactions with cetaceans to the relevant authority of the flag State and include all the information outlined in paragraph 3b(i–vi).
CPCs shall adopt Fish Aggregating Device designs that reduce the incidence of entanglement, according to Annex III of Resolution 13/08 [superseded by Resolution 15/08 then by Resolution 17/08 then 18/08] (or any subsequent revision).
The Commission requests that the IOTC Scientific Committee develop best practice guidelines for the safe release and handling of encircled cetaceans, taking into account those developed in other Regional Fisheries Management Organisations, including the Western and Central Pacific Fisheries Commission, and that these guidelines be submitted to the 2014 Commission meeting for endorsement.
CPCs shall report the information and data collected under paragraph 3(b) and paragraph 4, through logbooks, or when an observer is onboard through observer programs, and provide to the IOTC Secretariat by 30 June of the following year and according to the timelines specified in Resolution 10/02 [superseded by Resolution 15/02] (or any subsequent revision).
CPCs shall report, in accordance with Article X of the IOTC Agreement, any instances in which cetaceans have been encircled by the purse seine nets of their flagged vessels.
For CPCs having national and state legislation for protecting these species shall be exempt from reporting to IOTC, but are encouraged to provide data for the IOTC Scientific Committee consideration. The IOTC Scientific Committee will analyse the situation concerning the availability of data and will advise the Commission to undertake support measures to developing CPCs to overcome this situation.
