Management Policy for the implementation of reference point for the Tuna Fishery in Papua New Guinea

No. G570-7th September, 2015 8 National Gazette REFERENCE POINTS ANNEXURE CREATED IN ACCORDANCE WITH THE NATIONAL TUNA FISHERY MANAGEMENT AND DEVELOPMENT PLAN - PART 1 TUNA FISHERY MANAGEMENT MANAGEMENT POLICY FOR THE IMPLEMENTATION OF REFERENCE POINTS FOR THE TUNA FISHERY IN PAPUA NEW GUINEA 1. SCOPE 1. This policy sets out the mechanisms and procedures that the Papua New Guinea National Fisheries Authority will use to monitor reference points to assist in the management of tuna stocks. 2. This policy applies to the fishery waters of Papua New Guinea (PNG) as described in the National tuna Fishery Management and Development Plan, Part I, Tuna Fishery Management (the Plan). 3. This policy aims to maintain fish stocks, on average, and over time, at a level that aims to preserve a stock biomass point that optimizes economic yield. 2. LEGAL STATUS 1. This Policy is for the implementation of reference points for the Tuna Fishery in PNG and represents a policy decision of the National Fisheries Authority Board. It is an annexure of the National Tuna Fishery Management and Development Plan (the Plan) made in accordance with the provisions of the PNG Fisheries Management Act 1998 (the Act). 3. TYPES OF REFERENCE POINTS I. Reference points are set in accordance with section 20 of the Plan to provide benchmarks against which to assess the performance of conservation and management in achieving operational objectives. 2. Under the Plan PNG shall observe any reference points establ ished under any regional or sub regional arrangement or agreement, for fishing operations within its EEZ, and shall have regard to such reference points when establishing any reference points for other parts of the fishery management area. 3. For the purposes of this policy, Papua New Guinea uses the following definitions for Reference Points: 1. "Fishery Reference Point" is a benchmark against which to assess the performance of management in achieving an operational objective; ii. "Target reference points" means an indicator of the stock status or condition that is a desirable target for management to achieve agreed targets for stock status or condition; iii. "Limit reference points" means a minimum stock status or condition that is undesirable for management to achieve or sustain and at which point a pre-determined management response is triggered. 4. GENERAL PROVISIONS I. The aim of this annexure is to support the tuna fishery being optimally managed within safe biological limits. 2. The plan (section 20(3) (e)) aims to ensure that fish stocks are managed to stay above the limit biomass at least 90% of the time. 3. The acceptable level of risk of exceeding the limit reference point shall be I 0% with due consideration for the timing, frequency, accuracy, and currency of scientific data, and any other relevant consideration. 4. Target reference points shall be separated from limit reference points with an appropriate buffer reflecting no less than double the confidence limits used at 90% probability. 4.1 THE APPROACH I. The approach to reference points is consistent with: a. the adoption by WCPFC of: 1. the h ierarchical approach to the identification of reference points; and, ii. a biomass-based limit reference point for skipjack tuna of 20% of estimated recent average spawning biomass in the absence of fishing. National Gazette 9 No. G570-7th September, 2015 Management Policy for the Implementation of Reference Points for the Tuna Fishery in Papua New Guinea-continued 4.1 The Approach-co11ti11ued b. the adoption by the PNA of: 1. an interim target reference po int of 50% SB, F=0, (spawning/adult biomass without fish ing). 2. Taking into account any regional obligations, any target reference point aims to meet a range of objectives identified for the management of tuna stocks, including: I. resource sustainability, noting that the TR.P is sufficiently distant from the LRP to ensure a minimal likelihood the population does not fall below the LRP and aims to be well above Maximum Sustainable Yield (MSY). II. economic and social goals, noting the recent history of profitable performance of the major tuna fisheries, and that th is target reference point aims to support the vo lume, s ize composition, employment, social aspects and value of catches in real terms; Ill. noting the substantial uncertainty about projected outcomes from changes in effort levels significantly distant from current effort leve ls, because of the limited understanding of the relationship between CPUE and abundance; and IV. avoiding undes irable impacts on PNG 's artisanal fisheries. 3. The adoption of target a nd limit reference points provides a basis for the ongoing development of harvest control rules . 5. BIOLOGICAL REFERENCE POINTS, TRIGGERS, AND PERFORMANCE CRITERIA I. Consistent with the interim target reference point adopted by the Parties to the Nauru Agreement (PNA) the target reference point for skipjack tuna for Papua New Guinea's Exclusive Econom ic Zone is 50% of spawning biomass. a. The management strategies for the fishery will be reviewed and revised by the Board if the spawning biomass falls below 40% in two consecutive annual reporting periods. 2. The target reference point for skipjack tuna for Papua New Guinea's archipelagic waters will be initially set at 40% of spawning biomass. a. The management strategies for the fishery will be reviewed and revised by the Board if the spawning biomass fal ls below 30% in two consecutive annual reporting periods. 3. The aim of any revised management strategies w ill be to return the fi shery to the applicable target reference point w ithin fi ve years. 4. The limit reference point for skipjack in the fi sheries waters (EEZ and AW) of Papua New G uinea is 20% of spawning stock biomass in line with the applicable WCPFC CMM. a. The management strateg ies for the fishery wi ll be reviewed by the Board immediately following two consecutive reporting periods when the spawning biomass is reported at below 25%, and the second of those reports shows the spawning biomass to be be low the level of the first of those reports. b. The Board shall take immediate steps and shall implement such management strategies as are wi thin its powers and are necessary to prevent the biomass from reaching 20% and to return the fishery to the applicable target reference point w ithin ten years. c. In cons idering an appropriate management response the Board shall consider any regional initiatives, and shall in addition seek independent expert advice on the stock assessment, stock status, and management options. d. ln the event that the spawning biomass for any skipjack tuna is reported at 20% or below on two consecutive occasions the Board shall immediately take steps in line with 3(b) and 3(c) but in addition shall immediately, and based on the best available information, implement such fi shery closures as are necessary to encourage and facilitate successful spawning. No. G570-7th September, 2015 10 National Gazette Management Policy for the Implementation of Reference Points for the Tuna Fishery in Papua New Guinea-continued 5. Biological Reference Points, Triggers and Performance Criteria-continued 5. In considering all management responses to reference poi nts the Board shall have regard to any regional reference points established for the purpose of monitor ing tuna stocks, and any broader regional response e ither proposed or implemented. Any measures taken by PNG shall be complementary to any regional measures. 6. Where scientific advice is such that any management response by PNG is unlikely to achieve the stated objectives without the cooperation of other States, and that those other States are not ful ly cooperating in a combined management response, the Board shall make every endeavour to e nsure that at a diplomat ic level those other States are fully aware, engaged, and encouraged to participate in and implement complementary responses to ensure the sustainability of tuna stocks. 7. In the event of a management response triggered under this Pan, the Board shall ensure the Minister is fully briefed on the s ituation, and of any proposed management response, and in particular is advised of the consequences of not taking prompt action on the long tenn sustainabi lity of the tuna resource and on the potential economic impacts. 8. In the event of a management response triggered under paragraph 3 the Board shall ensure the Minister, Prime Min ister, and the Execut ive Council are ful ly briefed on the situation, and any proposed management response, and in particular are advised of the consequences of not taking prompt action on the long term sustainability of the tuna resource and on the potential economic impacts. 9. Any decision of the Board in respect of any matter relating to any rev iew of data related to reference points and any consequential management plan review shal l be published on the NFA website within 90 days of that decis ion. I 0. Reference points for other tuna species are being addressed th rough ongoing reg ional discussions, and scientific advice is being sought as a part of that process. 6. OPERATIONAL REFERENCE POINTS, TRIGGERS, AND PERFORMANCE CRITERIA I. A party allowable effort (PAE) is set by the Parties to the Nauru Agreement for the Vessel Day Scheme (VDS) as PNG's portion of the VOS total a llowable effort (TAE). 2. The target reference point for fishing effort in each allocation year shall be PNG's PAE. 3. A PAE under the VDS allows for the trading of days between Parties to the Palau Arrangement within the boundaries of the TAE. 4. A fishing company fl eet sha ll be notified when it has reach ed 80% of its V OS allocation. The notification shall be conveyed by the PNA Office as the administrator. 5. On receipt of the notificat ion, companies shall notify the administrator, within 72 hours, of their intent: 1. To cease fishing when the remaining 20% of their VOS allocation is utilized. In do ing so they must advise which vessels in their fleet shall use the remaining allocation and shall direct all other vessels: a. For Foreign Flagged Vessel: To exit the waters of Papua New Guinea, or b. For domestic, and locally based foreign vesse ls: To return to their designated port. II. To purchase additional vessel days from Papua New Guinea 's PAE allocation, subj ect to availabi lity. III. To request the Authority to seek additional days to be purchased from the other Parties, subject to availability and agreement on price. 6. A not ification shall be sent to fi shing companies when their VDS allocations have been fully utilized. Those fishing compan ies are required to cease fishing operations and to ex it the waters of Papua New Guinea (for foreign flagged vessels), or to either return to their designated port or seek regional access (for domestic and locally based foreign flagged vessels). 7. To assist with plann ing, a notification shall be sent to all fishing companies when PNG's PAE has reached 80% fished. National Gazette 11 No. G570-7th September, 2015 Management Policy for the Implementation of Reference Points for the Tuna Fishery in Papua New Guinea-co11ti11ued 6. Operational Reference Points, Triggers, and Performance C riteria-continued 8. The PNG Archipelagic Waters Days Scheme (AWDS) shall operate in accordance with the above rules, but with the NFA as the administrator. 7.TOTAL CATCH LEVELS, TRIGGERS, AND PERFORMANCE CRITERIA I. This annexure establ ishes a mechanism to set a trigger total catch level for skipjack tuna, yel lowfin tuna, and bigeye tuna in the fisheries waters of Papua New Guinea. 2. The trigger total catch level shall be set at the average of the last 5 years avai lable catch data for each species, plus 10%. 3. The trigger total catch level shall be revised each year based on the latest available data. 4. The Board shall rev iew the fishery management strategies in the event that: a. either the total catch in any fishery period ( calendar year) exceeds the trigger catch level, or b. the trigger catch level either rises or falls for three consecutive fishery periods by greater than 10% in total. 5. In reviewing the fishery management strategies the Board shall have regard to regional initiatives, changes in traded days into or out of PNG waters, as well as the levels of effective effort over time, the most recent stock assessment, fisheries economics, industry developments, and any other information relevant or necessary to ensure the sustainability of tuna stocks. 8. FISHING EFFICIENCY, TRIGGERS, AND PERFORMANCE CRITERIA 1. The Board shall arrange to be established an indices of fishing efficiency for the purse seine fishery that takes into account changes to vessel characteristics (e.g. size and storage capacity), changes to fishing practices (e.g. gear and FA Ds), emerging technology (e.g. electronic systems). 2. The aim of the indices is to monitor operational effort creep from fish ing and fishing related activity. 3. Sample data shall be collected on a continual basis, and the indices shall be updated each year. 4. The Board shall review the fishery management strategies and in pa1ticular levels of fishing effort when the indices shows an increase in three consecutive years. 5. In reviewing the fishery management strategies and levels of fi shing effort the Board shall have regard to any regional initiatives, current stock assessments, and any other information relevant or necessary to ensure the sustainabil ity of tuna stocks. 6. PNG will provide such data and information regionally and urge the region to adopt adjustments to fishing effort arrangements as required to maintain effort at a sustainable level. 9. MANAGEMENT INITIATED REVIEW OF FISHERY MANAGEMENT STRATEGIES I. The Managing Director of the National Fisheries Authority may request the Board to review the fishery management strategies for all or any species of tuna where the Managing Director is satisfied that data is available that indicates action is required to prevent damage to the sustainability or economic performance of the fishery. 2. The aim of this provision is to ensure that a precautionary approach is taken to the management of tun a stocks using the best available data in real time, irrespective of the triggers contained e lsewhere in this annexure. 3. In the event that the Managing Director seeks a review by the Board, the Board must undertake the review, and in the event that no action is proposed to be taken, must document its reasons in detail and provide those reasons to the Managing Director and the Minister. No. G570-7th September, 2015 12 Nationa l Gazette Management Policy for the Implementation of Reference Points for the Tuna Fishery in Papua New Guinea-continued 7. REVIEW T his Policy shall be reviewed as necessary and may be amended from time to time through publication in the National Gazette. Any review shall take into account the best avai lable data, including scientific and economic, as well as developmental and social considerations. 10. CONFLICT WITH REGIONAL ARRANGEMENTS I. In the event of any conflict or inconsistency between th is annexure and any relevant regional agreement to wh ich PNG is both a party, and has g iven legal effect, the regional agreement shall prevail for the EEZ. 2. Un less stated to the contrary within either that agreement or otherw ise in a legal instrument of PNG, the regional arrangement shall not apply in the archipelagic waters. 11 . COMPLIANCE WITH THIS ANNEXURE Any vessel, person or company who fai ls to comply with any provision of this annexure when so required to do sha ll be taken to have committed a breach of a provision of the Tuna Management Plan, which constitutes a breach of licence condition under that plan. Approved on the 5th day of August, 20 15. Hon. M. ZEMJNG,. Min ister for Fisheries and Marine Resources. Fisheries Management (Amendment) Act 2015 Notice by Minister Pursuant to Section 40B (3) of Fisheries Management (Amendment) Act 20 15. Schedule of CMMs and Resolutions passed by the Western and Central Pacific Fisheries Commission that are applicable to Papua New Guinea, includ ing those applicable to fisheries operating in Papua New Guinea 's Exclusive Economic Zone. Resolution/CMM CMM 2004-03 Resolution 2004-04 Resolution 2005-03 CMM 2006-07 CMM 2006-08 CMM 2007-01 Resolution 2008-0 I CMM 2008-03 CMM 2009-02 CMM 2009-05 CMM 2009-06 CMM 2009-09 CMM 2009-1 0 CMM 2010-01 CMM 2010-02 SCHEDULE Title Specifications for the Marking and Identification of Fishing Vessels. Resolution on Conservation and Management Measures. Resolution on Non-Target Fish Species. Conservation and Management Measure for the Regional Observer Programme. Western and Central Pacific Fisheries Comm ission Boarding and Inspection Procedures. Conservation and Management Measure for the Regional Observer Programme. Resolution on Aspirations of SIDS and Territories. Conservation And Management of Sea Tui1les. Conservation and Management Measure on the Application of High Seas FAD Closures and Catch Retention. Conservation and Management Measure Proh ibiting Fishing on Data Buoys AND information Package on Data Buoys as at 18 May 20 I 0. Conservation and Management Measure on the Regulation of Transhipment. Conservation and Management Measure for Vessels without nationality. Conservation and Management Measure to Monitor Landings of Purse Seine Vesse ls at Ports so as to ensure reliable catch data by species. Conservation and Management Measure for No11h Pacific Striped Marlin. Conservation and Management Measure for the Eastern High Seas Pocket Special Management Area. National Gazette Resolution/CMM CMM 2010-06 CMM 2010-07 CMM 2011-03 CMM 201 1-04 Resolution 2012-01 CMM 2012-05 CMM 2013-04 C MM 2013-05 CMM 2013-06 C MM 2013-07 C MM 20 13-08 CMM 2013-10 CMM 2014-01 CMM 2014-02 CMM 2014-03 CMM 2014-05 CMM 20 14-06 CMM 2014-07 13 No. G570-7th September, 2015 Schedule-co11ti11ued Title Conservation and Management Measure to Establish a List of Vessels Presumed to have carried out Illegal, Unreported and Unregulated Fishing activities in the WCPO. Conservation and Management Measure for Sharks Conservation and Management Measure to address impac t of purse se ine fishing activity on cetaceans. Conservation and Management Measure for Oceanic Whitetip Sharks. Resolution on the best available science. Conservation and Management Measure for Charier Notification Scheme. Conservation and Management Measure for WCPFC Implementation of a Unique Vessel Identifier (UVl). Conservation and Management Measure on daily catch and effort reporting. Conservation and Management Measure on the cr iteria for the consideration of conservation and management proposals. Conservation and Management Measure on the special requirements of Smal l Island Developing States and Terr itories. Conservation and Management Measure for Si lky Sharks. WCPFC Record of Fishing Vessels and Authorization to Fish. Conservation and Management Measure for bigeye, yellow fin and skipjack tuna in the Western and Central Pacific Ocean, Conservation and Management Measure Commission VMS. Standards, specifications and procedures for the Western and Central Pacific Fisheries Commission Record of Fishing Vessels. Conservation and Management Measures for Sharks. Conservation and Management Measures to develop and implement a harvest strategy approach for key fisheries and stocks in the WCPO. Conservation and Management Measure for the Compliance Mon itoring Scheme. The full text of applicable resolut ions and CMMs is available on the website of the Western and Central Pacific Fisheries Commission at the following link: www.wcpfc.int/conservation-and-management-measures. Approved on the 5th day of August, 2015 Hon. MAO ZEMING, Minister for Fisheries and Marine Resources. Printed and Published by C. Lenturut, Acting Govemmenl Printer, Port Morcsby.- 583.