Dealer export/re-export and catch documents and conservation statement

OMB Control No.: 0648-0194
Expiration Date: 03/31/2013

CONSERVATION MEASURE 10-05 (2004)
Catch Documentation Scheme for Dissostichus spp.

Species
Area
Season
Gear

toothfish
all
all
all

The Commission,
Concerned that illegal, unregulated and unreported (IUU) fishing for Dissostichus spp. in
the Convention Area threatens serious depletion of populations of Dissostichus spp.,
Aware that IUU fishing involves significant by-catch of some Antarctic species, including
endangered albatross,
Noting that IUU fishing is inconsistent with the objective of the Convention and
undermines the effectiveness of CCAMLR conservation measures,
Underlining the responsibilities of Flag States to ensure that their vessels conduct their
fishing activities in a responsible manner,
Mindful of the rights and obligations of Port States to promote the effectiveness of
regional fishery conservation measures,
Aware that IUU fishing reflects the high value of, and resulting expansion in markets for
and international trade in, Dissostichus spp.,
Recalling that Contracting Parties have agreed to introduce classification codes for
Dissostichus spp. at a national level,
Recognising that the implementation of a Catch Documentation Scheme for Dissostichus
spp. (CDS) will provide the Commission with essential information necessary to
provide the precautionary management objectives of the Convention,
Committed to take steps, consistent with international law, to identify the origins of
Dissostichus spp. entering the markets of Contracting Parties and to determine whether
Dissostichus spp. harvested in the Convention Area that is imported into their territories
was caught in a manner consistent with CCAMLR conservation measures,
Wishing to reinforce the conservation measures already adopted by the Commission with
respect to Dissostichus spp.,
Inviting non-Contracting Parties whose vessels fish for Dissostichus spp. to participate in
the CDS,
hereby adopts the following conservation measure in accordance with Article IX of the
Convention:
1.

Each Contracting Party shall take steps to identify the origin of Dissostichus spp.
imported into or exported from its territories and to determine whether Dissostichus
spp. harvested in the Convention Area that is imported into or exported from its
territories was caught in a manner consistent with CCAMLR conservation measures.

OMB Control No.: 0648-0194
Expiration Date: 03/31/2013

2.

Each Contracting Party shall require that each master or authorised representative of its
flag vessels authorised to engage in harvesting of Dissostichus eleginoides and/or
Dissostichus mawsoni complete a Dissostichus catch document (DCD) for the catch
landed or transhipped on each occasion that it lands or tranships Dissostichus spp.

3.

Each Contracting Party shall require that each landing of Dissostichus spp. at its ports
and each transhipment of Dissostichus spp. to its vessels be accompanied by a
completed DCD. The landing of Dissostichus spp. without a catch document is
prohibited.

4.

Each Contracting Party shall, in accordance with their laws and regulations, require that
their flag vessels which intend to harvest Dissostichus spp., including on the high seas
outside the Convention Area, are provided with specific authorisation to do so. Each
Contracting Party shall provide DCD forms to each of its flag vessels authorised to
harvest Dissostichus spp. and only to those vessels.

5.

A non-Contracting Party seeking to cooperate with CCAMLR by participating in this
scheme may issue DCD forms, in accordance with the procedures specified in
paragraphs 6 and 7, to any of its flag vessels that intend to harvest Dissostichus spp.

6.

The DCD shall include the following information:
(i)

the name, address, telephone and fax numbers of the issuing authority;

(ii)

the name, home port, national registry number, and call sign of the vessel and, if
issued, its IMO/Lloyd’s registration number;

(iii) the reference number of the licence or permit, whichever is applicable, that is
issued to the vessel;
(iv) the weight of each Dissostichus species landed or transhipped by product type,
and

(v)

(a)

by CCAMLR statistical subarea or division if caught in the Convention
Area; and/or

(b)

by FAO statistical area, subarea or division if caught outside the Convention
Area;

the dates within which the catch was taken;

(vi) the date and the port at which the catch was landed or the date and the vessel, its
flag and national registry number, to which the catch was transhipped;
(vii) the name, address, telephone and fax numbers of the recipient(s) of the catch and
the amount of each species and product type received.
7.

2

Procedures for completing DCDs in respect of vessels are set forth in paragraphs A1 to
A10 of Annex 10-05/A to this measure. The standard catch document is attached to the
annex.

OMB Control No.: 0648-0194
Expiration Date: 03/31/2013

8.

Each Contracting Party shall require that each shipment of Dissostichus spp. imported
into or exported from its territory be accompanied by the export-validated DCD(s) and,
where appropriate, validated re-export document(s) that account for all the Dissostichus
spp. contained in the shipment. The import, export or re-export of Dissostichus spp.
without a catch document is prohibited.

9.

An export-validated DCD issued in respect of a vessel is one that:
(i)

includes all relevant information and signatures provided in accordance with
paragraphs A1 to A11 of Annex 10-05/A to this measure;

(ii)

includes a signed and stamped certification by a responsible official of the
exporting State of the accuracy of the information contained in the document.

10.

Each Contracting Party shall ensure that its customs authorities or other appropriate
officials request and examine the documentation of each shipment of Dissostichus spp.
imported into or exported from its territory to verify that it includes the export-validated
DCD(s) and, where appropriate, validated re-export document(s) that account for all the
Dissostichus spp. contained in the shipment. These officials may also examine the
content of any shipment to verify the information contained in the catch document or
documents.

11.

If, as a result of an examination referred to in paragraph 10 above, a question arises
regarding the information contained in a DCD or a re-export document the exporting
State whose national authority validated the document(s) and, as appropriate, the Flag
State whose vessel completed the document are called on to cooperate with the
importing State with a view to resolving such question.

12.

Each Contracting Party shall promptly provide by the most rapid electronic means
copies to the CCAMLR Secretariat of all export-validated DCDs and, where relevant,
validated re-export documents that it issued from and received into its territory and
shall report annually to the Secretariat data, drawn from such documents, on the origin
and amount of Dissostichus spp. exported from and imported into its territory.

13.

Each Contracting Party, and any non-Contracting Party that issues DCDs in respect of
its flag vessels in accordance with paragraph 5, shall inform the CCAMLR Secretariat
of the national authority or authorities (including names, addresses, phone and fax
numbers and email addresses) responsible for issuing and validating DCDs.

14.

Notwithstanding the above, any Contracting Party, or any non-Contracting Party
participating in the CDS, may require additional verification of catch documents by
Flag States by using, inter alia, VMS, in respect of catches1 taken on the high seas
outside the Convention Area, when landed at, imported into or exported from its
territory.

15.

If, following an examination under paragraph 10, questions under paragraph 11 or
requests for additional verification of documents under paragraph 14, it is determined,
after consultation with the States concerned, that a catch document is invalid, the
import, export or re-export of Dissostichus spp. being the subject of the document is
prohibited.
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OMB Control No.: 0648-0194
Expiration Date: 03/31/2013

16.

If a Contracting Party participating in the CDS has cause to sell or dispose of seized or
confiscated Dissostichus spp., it may issue a Specially Validated Dissostichus Catch
Document (SVDCD) specifying the reasons for that validation. The SVDCD shall
include a statement describing the circumstances under which confiscated fish are
moving in trade. To the extent practicable, Parties shall ensure that no financial benefit
arising from the sale of seized or confiscated catch accrue to the perpetrators of IUU
fishing. If a Contracting Party issues a SVDCD, it shall immediately report all such
validations to the Secretariat for conveying to all Parties and, as appropriate, recording
in trade statistics.

17.

A Contracting Party may transfer all or part of the proceeds from the sale of seized or
confiscated Dissostichus spp. into the CDS Fund created by the Commission or into a
national fund which promotes achievement of the objectives of the Convention. A
Contracting Party may, consistent with its domestic legislation, decline to provide a
market for toothfish offered for sale with a SVDCD by another State. Provisions
concerning the uses of the CDS Fund are found in Annex B.
1

Excluding by-catches of Dissostichus spp. by trawlers fishing on the high seas outside the Convention
Area. A by-catch shall be defined as no more than 5% of total catch of all species and no more than
50 tonnes for an entire fishing trip by a vessel

ANNEX 10-05/A
A1. Each Flag State shall ensure that each Dissostichus catch document form that it issues
includes a specific identification number consisting of:
(i)

a four-digit number, consisting of the two-digit International Standards
Organization (ISO) country code plus the last two digits of the year for which the
form is issued;

(ii)

a three-digit sequence number (beginning with 001) to denote the order in which
catch document forms are issued.

It shall also enter on each Dissostichus catch document form the number as appropriate
of the licence or permit issued to the vessel.

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OMB Control No.: 0648-0194
Expiration Date: 03/31/2013

A2. The master of a vessel which has been issued a Dissostichus catch document form or
forms shall adhere to the following procedures prior to each landing or transhipment of
Dissostichus spp.:
(i)

the master shall ensure that the information specified in paragraph 6 of this
conservation measure is accurately recorded on the Dissostichus catch document
form;

(ii)

if a landing or transhipment includes catch of both Dissostichus spp., the master
shall record on the Dissostichus catch document form the total amount of the
catch landed or transhipped by weight of each species;

(iii) if a landing or transhipment includes catch of Dissostichus spp. taken from
different statistical subareas and/or divisions, the master shall record on the
Dissostichus catch document form the amount of the catch by weight of each
species taken from each statistical subarea and/or division and indicating whether
the catch was caught in an EEZ or on the high seas, as appropriate;
(iv) the master shall convey to the Flag State of the vessel by the most rapid electronic
means available, the Dissostichus catch document number, the dates within which
the catch was taken, the species, processing type or types, the estimated weight to
be landed and the area or areas of the catch, the date of landing or transhipment
and the port and country of landing or vessel of transhipment and shall request
from the Flag State, a Flag State confirmation number.
A3. If, for catches1 taken in the Convention Area or on the high seas outside the Convention
Area, the Flag State verifies, by the use of a VMS (as described in paragraph 1 of
Conservation Measure 10-04), the area fished and that the catch to be landed or
transhipped as reported by its vessel is accurately recorded and taken in a manner
consistent with its authorisation to fish, it shall convey a unique Flag State confirmation
number to the vessel’s master by the most rapid electronic means available. The
Dissostichus catch document will receive a confirmation number from the Flag State,
only when it is convinced that the information submitted by the vessel fully satisfies the
provisions of this conservation measure.
A4. The master shall enter the Flag State confirmation number on the Dissostichus catch
document form.
A5. The master of a vessel that has been issued a Dissostichus catch document form or
forms shall adhere to the following procedures immediately after each landing or
transhipment of Dissostichus spp.:
(i)

in the case of a transhipment, the master shall confirm the transhipment obtaining
the signature on the Dissostichus catch document of the master of the vessel to
which the catch is being transferred;

(ii)

in the case of a landing, the master or authorised representative shall confirm the
landing by obtaining a signed and stamped certification on the Dissostichus catch
document by a responsible official of the Port State of landing or free trade zone
who is acting under the direction of either the customs or fisheries authority of the
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OMB Control No.: 0648-0194
Expiration Date: 03/31/2013

Port State and is competent with regard to the validation of Dissostichus catch
documents;
(iii) in the case of a landing, the master or authorised representative shall also obtain
the signature on the Dissostichus catch document of the individual that receives
the catch at the port of landing or free trade zone;
(iv) in the event that the catch is divided upon landing, the master or authorised
representative shall present a copy of the Dissostichus catch document to each
individual that receives a part of the catch at the port of landing or free trade zone,
record on that copy of the catch document the amount and origin of the catch
received by that individual and obtain the signature of that individual.
A6. In respect of each landing or transhipment, the master or authorised representative shall
immediately sign and convey by the most rapid electronic means available a copy, or, if
the catch landed was divided, copies, of the signed Dissostichus catch document to the
Flag State of the vessel and shall provide a copy of the relevant document to each
recipient of the catch.
A7. The Flag State of the vessel shall immediately convey by the most rapid electronic
means available a copy or, if the catch was divided, copies, of the signed Dissostichus
catch document to the CCAMLR Secretariat to be made available by the next working
day to all Contracting Parties.
A8. The master or authorised representative shall retain the original copies of the signed
Dissostichus catch document(s) and return them to the Flag State no later than one
month after the end of the fishing season.
A9. The master of a vessel to which catch has been transhipped (receiving vessel) shall
adhere to the following procedures immediately after each landing of such catch in
order to complete each Dissostichus catch document received from transhipping
vessels:
(i)

the master of the receiving vessel shall confirm the landing by obtaining a signed
and stamped certification on the Dissostichus catch document by a responsible
official of the Port State of landing or free trade zone who is acting under the
direction of either the customs or fisheries authority of the Port State and is
competent with regard to the validation of Dissostichus catch documents;

(ii)

the master of the receiving vessel shall also obtain the signature on the
Dissostichus catch document of the individual that receives the catch at the port of
landing or free trade;

(iii) in the event that the catch is divided upon landing, the master of the receiving
vessel shall present a copy of the Dissostichus catch document to each individual
that receives a part of the catch at the port of landing or free trade zone, record on
that copy of the catch document the amount and origin of the catch received by
that individual and obtain the signature of that individual.
A10. In respect of each landing of transhipped catch, the master or authorised representative
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OMB Control No.: 0648-0194
Expiration Date: 03/31/2013

of the receiving vessel shall immediately sign and convey by the most rapid electronic
means available a copy of all the Dissostichus catch documents, or if the catch was
divided, copies, of all the Dissostichus catch documents, to the Flag State(s) that issued
the Dissostichus catch document, and shall provide a copy of the relevant document to
each recipient of the catch. The Flag State of the receiving vessel shall immediately
convey by the most rapid electronic means available a copy of the document to the
CCAMLR Secretariat to be made available by the next working day to all Contracting
Parties.
A11. For each shipment of Dissostichus spp. to be exported from the country of landing, the
exporter shall adhere to the following procedures to obtain the necessary export
validation of the Dissostichus catch document(s) that account for all the Dissostichus
spp. contained in the shipment:
(i)

the exporter shall enter on each Dissostichus catch document the amount of each
Dissostichus spp. reported on the document that is contained in the shipment;

(ii)

the exporter shall enter on each Dissostichus catch document the name and
address of the importer of the shipment and the point of import;

(iii) the exporter shall enter on each Dissostichus catch document the exporter’s name
and address, and shall sign the document;
(iv) the exporter shall obtain a signed and stamped validation of the Dissostichus
catch document by a responsible official of the exporting State.
A12. In the case of re-export, the re-exporter shall adhere to the following procedures to
obtain the necessary re-export validation of the Dissostichus catch document(s) that
account for all the Dissostichus spp. contained in the shipment:
(i)

the re-exporter shall supply details of the net weight of product of all species to be
re-exported, together with the Dissostichus catch document number to which each
species and product relates;

(ii)

the re-exporter shall supply the name and address of the importer of the shipment,
the point of import and the name and address of the exporter;

(iii) the re-exporter shall obtain a signed and stamped validation of the above details
by the responsible official of the exporting State on the accuracy of information
contained in the document(s);
(iv) the responsible official of the exporting state shall immediately transmit by the
most rapid electronic means a copy of the re-export document to the Secretariat to
be made available next working day to all Contracting Parties.
The standard form for re-export is attached to this annex.
1

Excluding by-catches of Dissostichus spp. by trawlers fishing on the high seas outside the Convention
Area. A by-catch shall be defined as no more than 5% of total catch of all species and no more than
50 tonnes for an entire fishing trip by a vessel.

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