This Measure of the Commission of the South Pacific Regional Fisheries Management Organisation (SPRFMO) concerns application by each Member and Cooperating non-Contracting Party (CNCP), in its capacity as a port State, of an effective scheme of port inspections in respect of foreign fishing vessels carrying SPRFMO-managed species caught in the SPRFMO Convention Area and/or fish products originating from such species that have not been previously landed or transhipped at port, or at sea following the applicable SPRFMO procedures. The CMM requires Members and CNCPs to undertake various actions for effective port state control on foreign fishing including designation of ports (to be notified to the SPRFMO Secretariat, which shall publish a list), ensuring sufficient capacity to conduct inspections, require foreign fishing vessels seeking to use its ports for the purpose of landing and/or transhipment to submit the information in the Port Call Request Template located in Annex I, deciding whether to authorise or deny the entry of the vessel into its port, carry out inspections in accordance with this CMM, transmitting a copy of the inspection report to the SPRFMO Executive Secretary, following the prescribed procedures in case of infringements. Each year Members and CNCPs shall inspect at least five percent of landing and transhipment operations in their designated ports made by notified foreign fishing vessels. Port Members and CNCPs shall, in accordance with their domestic law, inspect foreign fishing vessels when: a) there is a request from other Members and CNCPs or relevant regional fisheries management organisations (RFMO’s) that a particular vessel be inspected, particularly where such requests are supported by evidence of IUU fishing by the vessel in question, and there are clear grounds for suspecting that a vessel has engaged in IUU fishing; b) a vessel has failed to provide complete information as required in paragraph 11; c) the vessel has been denied entry or use of a port in accordance with this or other RFMO's provisions. Each Member and CNCP shall ensure that as a minimum standard its inspectors carry out the functions set forth in the Port State Inspection Standards in Annex 2. The CMM also concerns cooperation between Members and CNCPs, especially for the benefit of developing states.
2021-05-06