· IUU Fishing in the Southern Ocean: a serious threat to Toothfish populations
Patagonian Toothfish (Dissostichus eleginoides) populations in the Southern Ocean are declining at an alarming rate as the result of over a decade of overfishing mainly by illegal, unreported and unregulated operators (IUU fishing). The regional body responsible for managing and conserving Toothfish populations in the Southern Ocean, CCAMLR (Commission for the Conservation of Antarctic Marine Living Resources) has estimated that in the period 1996-2000, IUU catches amounted to 49% of the total catch for Toothfish. However, a recent TRAFFIC study reveals that the real level of IUU catch in 2000 may have amounted to almost 80% of the total catch for that year.
Toothfish are a slow-growing, long-lived species, with biological characteristics that make them especially vulnerable to overexploitation. As a result of overfishing, Toothfish populations in the Southern Ocean are rapidly declining. In some areas of the Southern Ocean, biomass estimates have declined to between 25% and 30% of their original levels.
ASOC acknowledges CCAMLR’s continuing efforts to establish tight controls over fishing for Toothfish, including the adoption of the Catch Documentation Scheme (CDS). However, in spite of these efforts, IUU fishing continues to undermine the conservation status of the species. Since the implementation of the CDS in 2000, IUU fishing has remained at high levels, increasing by as much as 30% in 2001 alone.
ASOC applauds the Government of Australia’s recent decision to propose that the Patagonian Toothfish and its look-alike species, the Antarctic Toothfish, be Listed on Appendix II of the Convention on International Trade in Endangered Species of Flora and Fauna (CITES). Governments need to move now to prevent over-exploitation of the species. It is important that Toothfish is Listed on Appendix II at the next CITES Conference of the Parties (CoP12) to be held in November 2002 in Santiago, Chile. Another two years of IUU fishing at current levels might take Toothfish populations to a level of depletion from which they may not easily recover
· An Appendix II Listing should lead to a substantial reduction in the trade of illegally caught Toothfish An Appendix II Listing would extend the reach of current CCAMLR Conservation Measures to all countries that are involved in the Toothfish trade that are not Parties to CCAMLR. Currently, around 56 countries are involved in the Toothfish trade. Only 24 of these countries are bound by CCAMLR measures. However, every country that is a significant player in the Toothfish trade is a Party to CITES. Thus, an Appendix II Listing would make the CDS binding on practically every country involved in the international Toothfish trade.
A CITES Listing would also play an important role in closing current loopholes in the CDS which effectively permit IUU fishing operators to launder their illegal catches (obtained unlawfully within the CCAMLR area) through the CDS by claiming that they are caught in areas beyond CCAMLR's jurisdiction. CITES could help close this loophole by setting a zero quota for high seas areas outside the CCAMLR Convention Area. This would mean that a non-detriment finding could not be made in relation to Toothfish claimed as having been taken in these unregulated areas.
An Appendix II Listing would also strengthen the CDS by making CITES enforcement mechanisms available for cases of non-compliance. Unlike CCAMLR, CITES has enforcement procedures for countries that repeatedly fail to comply with its measures, and well-established processes to encourage compliance by Parties with its provisions.
· An Appendix II Listing would enhance CCAMLR Conservation Measures
CITES will complement and reinforce CCAMLR’s efforts to control the Toothfish trade and fishing. The Australian Proposal includes an annotation (that should be considered as an integral part of the nomination and must therefore be considered simultaneously), according to which CCAMLR’s Conservation and Management Measures for Toothfish harvested within the CCAMLR Convention Area shall apply to the entire fishery for the purposes of regulating trade in Toothfish under CITES.
The CITES permit and certificate requirements under an Appendix II Listing are very similar to those required under the CCAMLR CDS. The CDS could be adopted, with very minor modifications, for the purposes of CITES permit and certificate requirements. The CITES Parties could adopt an Appendix II Listing for Toothfish with a delayed implementation, which would allow for development of an agreed implementation regime. This regime should be the result of a complementary working relationship between CITES and CCAMLR. Both Conventions provide for the need to cooperate with other International Organizations for the fulfillment of their respective goals.