![]() In 2019, the Korean delegation expressed concerns about the process, complaining that too much time was spent on confirming breaches, leaving no time for discussions on how to improve the system itself.īut making improvements would be easier said than done. The use of the veto to protect a nation’s own vessels is regarded as a major loophole in CCAMLR’s compliance system. The Antarctic and Southern Ocean Coalition, an environmental organisation, has publicly criticised CCAMLR for this. Russia seems to have managed to use its veto to keep its record clean, but has caused itself reputational damage. So even if the case is not as cut and dried as New Zealand suggests, there is good cause for suspicion. ![]() And third, the Palmer has a record of compliance issues dating back several years. Second, in not making VMS and other data available, Russia is breaking with usual practice and displaying bad faith. First, faking VMS data can bring financial benefits. Russia may have got its desired result, but suspicions about the Palmer remain. So, on Russia’s insistence, the Palmer was not listed as an IUU vessel and will be able to continue fishing as normal in Antarctic waters this season. It could have vetoed any opening of fisheries near the Ross Sea during 2020-2021, preventing any vessels from fishing there. The Russian representative complained that, as the accuser, New Zealand’s evidence could not be considered neutral.Īs a CCAMLR signatory, Russia has leverage. Russia went on to insist “neutral evidence” would be needed to reach a decision. Russia responded by saying that the VMS location data had been provided to the CCAMLR secretariat (but publication was not permitted by Russia), that the metadata of the photographs provided by New Zealand showed signs of editing, and that CCAMLR’s system of inspection did not provide for aerial patrols. A number of countries asked Russia to provide verifiable VMS data, “fishing effort” data (on how intensively the Palmer had been fishing) and the on-board observer’s report, as well as suggesting Russia withdraw the Palmer’s permission to fish in the 2020-2021 season (its fishery notification). The Russian fishing authorities replied that checks of location data from the Palmer’s vessel monitoring system (VMS) showed it had been 800 nautical miles away from the site of the alleged activity, and that therefore no breach had occurred.ĭuring this year’s discussions on compliance, New Zealand said it was clear that the Palmer had faked its VMS data, that this was “extremely clear, compelling and concerning”, and that the vessel should be added to the IUU (illegal, unregulated and unreported) list. In line with CCAMLR’s compliance procedures, New Zealand then contacted Russia to request an investigation be opened. The aircraft identified the vessel and took photographs. On 1 January 2020, a patrol aircraft operated by the New Zealand Navy spotted a Russian vessel, the Palmer, fishing in waters closed for the season. This CCAMLR Compliance Procedure is designed to promote cooperation between national governments and encourage fishing vessels to follow the rules. A compliance committee carries out an annual assessment of how these rules are being followed and determines if breaches have occurred, how serious those breaches are and whether any further action is needed. As China paying more attention to the distant water fishery compliance issue, this case could provide useful lessons for its further participation in similar processes.ĬCAMLR’s management of fisheries includes deciding which vessels can fish where, when and with what gear. The dispute demonstrates the limitations of high seas fisheries management mechanisms, and the challenges involved in ensuring compliance. A daggers-drawn dispute between New Zealand and Russia over alleged overfishing by a Russian-flagged vessel seized the spotlight. At the recent annual meeting of the Commission for the Conservation of Antarctic Marine Living Resources (CCAMLR), discussions on marine protected areas ended early and disappointingly.
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