South Georgia and the South Sandwich Islands

Office of the Commissioner Government House, Stanley, Falkland Islands.

KRILL LICENSING 2015 INFORMATION FOR APPLICANTS

1. Background

1.1. This document contains important information for anyone who wishes to apply for a licence to fish for krill in the South Georgia and South Sandwich Islands Maritime Zone (SGSSI MZ) in 2015.

1.2. The SGSSI MZ is within the area covered by the Convention on the Conservation of Antarctic Marine Living Resources (CCAMLR), to which the United Kingdom is a contracting party. Accordingly fisheries in the Maritime Zone are managed under the auspices of CCAMLR. It is a condition of every licence that all applicable CCAMLR Conservation Measures (CMs) must be adhered to. The Government of South Georgia and the South Sandwich Islands (GSGSSI) requires that certain additional conditions are also complied with, details of which are provided below.

1.3. The main legislation governing the management of the fisheries in the Maritime Zone are the Fisheries (Conservation and Management) Ordinance 2000 as amended (the FCMO) and the South Georgia and South Sandwich Islands Marine Protected Areas Order, which are available on the GSGSSI website at: http://www.sgisland.gs.

1.4. The South Georgia and South Sandwich Islands Marine Protected Area (SGSSI MPA) was established in February 2012 and the MPA Order updated in June 2013. All fishing operations must be in accordance with the SGSSI MPA Order (2013) and the associated Management Plan, including any amendments thereto made prior to the start of the fishing season.

1.5. The krill fishing season in the SGSSI MZ will be open from April 1st until October 31st 2015. Licences will only be issued for krill fishing activities in the area of the South Georgia and South Sandwich Islands Maritime Zone to the north of 60 degrees south.

1.6. In outline, under the FCMO the Director of Fisheries is responsible for issuing licences. The Director is obliged to consult the Secretary of State for Foreign and Commonwealth Affairs in London before issuing any licences and he must act in accordance with any foreign policy advice which is received.

1.7. GSGSSI's principal objectives are to regulate fishing in the Maritime Zone so as to conserve fish stocks and other marine living resources, in line with Article II of CCAMLR, and to maintain safe and sustainable fisheries. As part of these objectives GSGSSI is committed to maintaining, and raising, the standards of management, research and operation in the fisheries.

Email: [email protected] Tel: (500) 28214 Facsimile: (500) 22811

KRILL 2015 INFORMATION FOR APPLICANTS

2. Quota and fees for the 2015 Season

2.1. CCAMLR has set a catch limit of 279,000 tonnes of krill in CCAMLR Subarea 48.3 (South Georgia waters) and 93,000 tonnes for Subarea 48.4 (South Sandwich Islands). See CCAMLR Conservation Measure 51-07 (2014) for details.

2.2. For the 2015 season the fees to fish for krill in Subarea 48.3 and 48.4 will consist of a licence approval fee of £10,000 and a monthly access fee. The first month of access will be charged at £45,000. Subsequent months of access will be charged at £51,500. Immediately following any full month of access, the Director of Fisheries will consider extensions to access for two-week periods, which will be charged at £26,000. A single licence approval fee will apply to both Subareas. Any access fees will also apply to both Subareas.

2.3. For the 2015 season GSGSSI will continue to trial a Searching for Krill Scheme in which vessels will be entitled to a partial refund of their first month’s access fee if they spend less than 10 days searching for krill and meet the following conditions:

(a) the vessel did not deploy any fishing gear during the searching period;

(b) the vessel carried an observer appointed under the CCAMLR International Observation Scheme during the searching period;

(c) the vessel submits all VMS data to GSGSSI for the duration of participation in the searching scheme;

(d) the vessel leaves the Maritime Zone after the searching period and does not return for a minimum of two weeks.

Vessels that meet these conditions will, on application, be refunded £25,000 of their initial access fee.

2.4. GSGSSI reserves the right in future licensing rounds, to distribute the amount of catch that can be taken from any specific area within the South Georgia and South Sandwich Islands Maritime Zone in a more precautionary manner.

3. Application and Licensing Procedures

3.1. Applications should consist of a completed application form (a copy of the relevant form is available from the GSGSSI website), plus all the required supporting documentation. The form must be completed in English and for any supporting documentation that is not in English a translation must be attached. Applicants should include all the information that they wish the Director to consider in the appropriate section of the application form.

3.2. Applications should be submitted by email to the Director of Fisheries ([email protected]) by March 13th 2015.

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3.3. Applicants should indicate for which Subarea (48.3 or 48.4) they are applying and in which months they are likely to fish in the SGSSI MZ.

3.4. Applications should indicate if the vessel intends to carry either a CCAMLR International Observer or a National Observer during their fishing period in the GSGSSI Maritime Zone.

3.5. All information will be treated as commercially confidential, unless it is already in the public domain.

3.6. For a vessel to be considered for the award of a licence, a number of mandatory conditions must first be fulfilled. These are set out in Annex A below. It is the responsibility of applicants to ensure that these conditions are fulfilled. Vessels that do not meet these conditions will not be considered for a licence.

3.7. Applicants should support statements with documentary evidence. The Director will use data from previous seasons to assist in assessing applications. Applicants who have not fished, or who have not fished recently, in the Maritime Zone should provide verifiable evidence of their performance in other fisheries.

3.8. For those vessels assessed as meeting the mandatory requirements in Annex A, the Director of Fisheries will then consult the Secretary of State regarding any foreign policy implications associated with allocating a licence to the vessel. The Director of Fisheries will inform the Secretary of State inter alia how many applicants fulfilled the mandatory requirements in Annex A, to which CCAMLR Member states those applicant vessels are flagged, and how many licences he is minded to offer.

3.9. Ordinarily all communications between the Director of Fisheries and the Secretary of State are confidential.

3.10. The Director of Fisheries reserves the right to exclude a vessel on the following grounds:

(a) the vessel is or has been involved in illegal, unregulated, or unreported fishing ("IUU", see Annex C for definition of the terms);

(b) the owner, charterer or operator of the vessel is, or includes, at the time of the application (or will be, or will include, when the vessel is in the maritime zone), one of the following:

i. a company, individual, or other entity which is or has been involved in IUU fishing; or

ii. a company, individual, or other entity, any associate (see Annex D for definition) of which is or has been involved in IUU fishing.

In determining these matters, the Director may consider and take into account, inter alia, information concerning IUU activities provided by CCAMLR Contracting Parties or the CCAMLR Commission, including, but not limited to, the list of vessels involved in IUU fishing which is maintained by the Commission.

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3.11. If GSGSSI, or the UK Government, is owed money by a debtor in connection with a matter related to the management of any SGSSI fishery including, but not limited to, quota/access fees or damages, costs, or a fine awarded by a Court or arbitral tribunal in respect of a SGSSI fishery-related case, it is likely that this will preclude the award of a licence to a vessel which is or which will be when in the Maritime Zone owned, chartered or operated whether solely or jointly by the debtor or by any associate thereof. However, before deciding whether to refuse a licence on this ground the Director of Fisheries will give the debtor, and the owner, charterer and operator if different, an opportunity to make representations in support of the award of a licence that they wish the Director to consider.

3.12. Applicants must promptly provide such further information or other assistance as the Director of Fisheries may reasonably require. In the absence of such further information or assistance the Director shall be entitled to disregard the application.

3.13. Successful applicants will be notified by March 27th 2015 and be charged the licence approval fee, which must be paid by April 17th 2015. Once the initial fee is paid vessels will be able to access the fishery (subject to licensing inspections at King Edward Point). If the licence approval fee is not paid by April 17th, the application will be disregarded and the operator required to submit a further application (see para. 3.16).

3.14. Vessels that carry a CCAMLR International Observer (from a different flag-state to that of the vessel and designated in accordance with the CCAMLR System of Scientific Observation) on board will be required to give 72 hours notice of their intention to fish in the SGSSI MZ.

3.15. Vessels that do not have a CCAMLR International Observer on board will be required to give 7 days notice of their intention to fish in the SGSSI MZ. GSGSSI reserves the right to place a CCAMLR designated UK observer on board such a vessel.

3.16. Vessels that have properly notified CCAMLR of their intention to fish in Subarea 48.3, but either failed to apply by the March 13th closing date or failed to pay the approval fee by the deadline, could apply at a later date. Such late applications would need to allow 21 days for their licence application to be processed and will be subject to a higher licence approval fee of £20,000.

4. Licence Conditions

4.1. Every licence will be subject to a number of common conditions. These are set out in Annex B.

4.2. Licences may be offered subject to further conditions. Applicants will be notified of any such conditions when licence offers are made. For instance the Director of Fisheries may, at the expense of the applicant, require additional science to be undertaken.

4.3. All vessels that have been approved for licences must report to the Government Officer at King Edward Point (KEP) and submit to a pre-season licensing inspection before being given their licence for the 2015 season. The purpose of the inspection, that will be carried out at KEP, is to enable the Government Officer to be satisfied that the vessel is equipped to:

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1. comply with all relevant CCAMLR CMs; and

2. comply with all relevant conditions of her licence.

4.4. Vessels will be issued with their licences once they have passed the inspection at KEP.

4.5. If a vessel fails her inspection, her licence will not normally be issued until, in the opinion of the Government Officer, the grounds upon which she failed that inspection have been put right. In exceptional circumstances the Director may allow a temporary licence to be issued for a short period allowing the relevant condition to be addressed.

5. Further Information

Additional information on the South Georgia and South Sandwich Islands Marine Protected Area, relevant CCAMLR Conservation Measures, fishing seasons and definitions of terms used in this document, are provided in Annex D.

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ANNEX A CONDITIONS THAT MUST BE FULFILLED TO BE CONSIDERED FOR THE AWARD OF A LICENCE

Section 1: Vessel requirements at the time of application On the date on which the application is submitted, the vessel in respect of which the application is made must:

1. be included in the list of vessels that have notified their intent to participate in the krill fishery in sub-Area 48.3 or 48.4 submitted to CCAMLR under Conservation Measure 21-03; 2. be flagged to the CCAMLR Member State which notified the vessels intent to participate in a krill fishery, submitted to CCAMLR under Conservation Measure 21-03; 3. have an IMO number; 4. have a licence from the Flag State to fish for krill in Subarea 48.3 or 48.4 valid for so long as it is intended she will be in the Maritime Zone; 5. comply with the provisions of the Torremolinos Protocol of 1993 relating to the Torremolinos International Convention for the Safety of Fishing Vessels 1977. Applicants must provide a statement from the UK Maritime and Coastguard Agency (MCA) or a GSGSSI-approved inspector to confirm their compliance with the Torremolinos Protocol. If such a statement is not provided GSGSSI can arrange for an inspection to be undertaken in Stanley before the season starts.

Section 2: Documentation to be provided at the time of application Applications for a licence must be submitted electronically on the application form and must include the following: 1. the name, correspondence address and telephone number of the agent in Stanley who has been authorised to receive on behalf of the applicant and the vessel communications from GSGSSI; 2. the full legal name, correspondence address and telephone number of: a. the owners of the vessel (both on the date on which the application is submitted and, in the event that it is anticipated that these details will change before the start of the fishing season or while the vessel is in the Maritime Zone, the date on which they will change and the details that will then apply); b. any charterers (which term in this document includes sub-charterers) of the vessel (both on the date on which the application is submitted and, in the event that it is anticipated that these details will change before the start of the fishing season or while the vessel is in the Maritime Zone, the date on which they will change and the details that will then apply); and c. the operators of the vessel (both on the date on which the application is submitted and, in the event that it is anticipated that these details will change before the start of the fishing

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season or while the vessel is in the Maritime Zone, the date on which they will change and the details that will then apply); 3. the names of any parent companies of the owners, charterers or operators; 4. a statement explaining the relationship or association, if any, between each of the following: the applicant, the vessel's owners, the charterers, and the operators; 5. the name and details of the relevant experience of the proposed Fishing Master.

Section 3: Vessel requirements at the time of licensing (applicants must, in their application form, confirm that these conditions will be met) On arrival at King Edward Point (South Georgia) for a licensing inspection and throughout the time in the SGSSI Maritime Zone the vessel must: 1. be flagged to a CCAMLR Member State; 2. have a licence from that Flag State to fish for krill in Subarea 48.3 or 48.4 (as appropriate) valid for so long as it is intended that she shall be in the Maritime Zone; 3. have an IMO number; 4. comply with the provisions of the Torremolinos Protocol of 1993 relating to the Torremolinos International Convention for the Safety of Fishing Vessels 1977; 5. have a fluent English speaker on board and that English speaker must be identified to the Government Officer before the licensing inspection. If the fluent English speaker changes during the season the Government Officer must be informed immediately; 6. have a Ship’s Sanitation Certificate valid for so long as it is intended that she shall be in the Maritime Zone. If a certificate is due to expire during the season vessel operators must make provision to have the validity of the certificate extended; 7. have a safety certificate from the Flag State valid for so long as it is intended that she shall be in the Maritime Zone; 8. have a Wreck Removal Certificate, issued by a signatory to the Nairobi International Convention on the Removal of Wrecks. Such certificates can be obtained from the UK Maritime and Coastguard Agency; 9. have sufficient life jackets for everyone (including the observer(s)) on board for as long as it is intended that she shall be in the Maritime Zone; all life-jackets must be in good condition, fitted with light (with batteries in date), whistle and reflective tape and be accessible in the event of an emergency; 10. have on board sufficient life raft or life-boat places on both port and starboard sides for every officer, crew member and observer(s) who will be on board for so long as it is intended that she shall be in the Maritime Zone; 11. have sufficient immersion suits for everyone on board (including the observer(s)) for as long as it is intended that she shall be in the Maritime Zone; immersion suits must be in good condition and readily accessible in case of emergency;

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12. be equipped with an operational Class A Automatic Identification System (AIS); 13. have a pilot ladder which conforms to the standards set out in IMO Resolution A889 (21) for Pilot Ladders; 14. have a single occupancy officer standard cabin available for the observer. GSGSSI may wish to deploy a second observer or scientist to assist the observer or to undertake additional scientific work. A second observer or scientist could share a cabin with the primary observer; 15. have sufficient workspace to allow the observer to carry out his or her designated tasks; 16. have British Admiralty charts 3588 and 3587 or their electronic equivalent on board; 17. have a full set of CCAMLR Conservation Measures for the 2014/15 season; 18. have a fire plan for the vessel; 19. have a contingency plan including contact numbers in case of emergency; 20. be prepared to carry rodent monitoring boxes on the vessel. These boxes will be supplied by GSGSSI, put in place by the Government Officer and must not be moved or tampered with in any way; 21. Vessels applying to fish in Subarea 48.4 must have a minimum ice classification standard of ICE- IC (as defined in the Det Norske Veritas (DNV) Rules for Classification of Ships) or an equivalent standard of certification as defined by a recognised classification authority.

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ANNEX B CONDITIONS COMMON TO ALL LICENCES

At a minimum the following conditions will apply to all licences:

1. All vessels approved for a licence must report to the Government Officer at KEP and submit to a licensing inspection before beginning any fishing.

2. All relevant CCAMLR Conservation Measures (CMs) must be complied with (see Annex D).

3. Daily catch and position reports must be made to the Government Officer at KEP.

4. The vessel's AIS must be operating and functioning properly.

5. The vessel must be compliant with all conditions of the South Georgia and South Sandwich Islands Marine Protected Area Order (2013).

6. No fishing, unless requested by GSGSSI for research purposes shall take place in the No-Take Zones within the South Georgia and South Sandwich Islands Marine Protected Area (i.e. within 12 nm of South Georgia, Shag Rocks, Black Rock or Clerke Rocks or within 12 nm of each of the South Sandwich Islands).

7. Vessels are encouraged to have an observer, appointed under the CCAMLR scheme of international scientific observation, on board while fishing and all reasonable efforts must be made to facilitate the completion of his biological sampling.

8. Regardless of the presence of an international or national observer on the vessel, GSGSSI are likely to deploy an observer on the vessel for some of the time that she is fishing in the SGMZ. Communications between the observer(s) and vessel’s officers will ordinarily be in English.

9. Vessel operators must liaise with GSGSSI to arrange for observers to be placed on board vessels and vessels must be prepared to visit Cumberland East Bay to embark or disembark observers.

10. Vessel operators must provide GSGSSI with a copy of any CCAMLR observer reports from observers that were not appointed by GSGSSI.

11. Transhipments will only be permitted in accordance with the Fisheries (Transhipment and Export) Regulations 1990 (as amended) and must be consistent with CCAMLR CM 10-09 (2014). Details of the transshipment requirements are included in Annex C.

12. Vessels must record in the electronic logbook (CCAMLR C1v2014) all catch. These logbooks are to be submitted monthly to the Government Officer at KEP.

13. No poultry or poultry products are to be discarded from the vessel. All poultry products must be incinerated or stored on board for disposal on shore (not on South Georgia). - 9 -

KRILL 2015 INFORMATION FOR APPLICANTS

14. Vessels operators must provide GSGSSI with a copy of the Fire Plan and a contingency plan for operations in South Georgia waters. Such a plan should note that the fishing grounds are geographically isolated and that GSGSSI cannot provide support in case of breakdown or emergency. We recommend that vessels do not work in isolation and that your plans include provision such that another vessel in the fishery will provide back-up in case of emergency.

15. Vessels will be subject to an inspection by a GSGSSI approved or MCA inspector to determine compliance with the provisions of the Torremolinos Protocol of 1993 relating to the Torremolinos International Convention for the Safety of Fishing Vessels 1977.

Applicants are reminded that under the FCMO the vessel's owners, charterers and master are liable to prosecution if any of the licence conditions are breached.

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ANNEX C CONDITIONS FOR TRANSHIPMENTS AND APPROVED REEFER VESSELS

Transhipment of fish (including krill) and fish products is regulated under the Fisheries (Transhipment and Export) Regulations 1990 (as amended). A transhipment is the transfer of fish, krill or fishery products from one vessel to another. Two vessels transferring to a single receiving vessel is considered to be two separate transhipments. Transhipments are only permitted under a licence issued by the Director of Fisheries and such licences are subject to a number of conditions.

The general conditions of such licences are outlined below, but individual licences may be subject to further conditions.

General Licence Conditions and Procedures for Transhipments

1. Transhipments will only be permitted in Cumberland East Bay and only between licensed fishing vessels or between licensed fishing vessels and reefers or support vessels (receiving vessels) that have been approved by the Director of Fisheries. In order for a receiving vessel to be approved, vessel operators must submit an application form at least one week in advance of the first transhipment to that receiving vessel. Application forms are available on request from the Director of Fisheries ([email protected]).

2. In order to be approved for transhipments the receiving vessel operator must confirm at the time of application that the receiving vessel will:

(a) have an IMO number;

(b) have British Admiralty charts 3588 and 3587 or their electronic equivalent on board;

(c) have a Wreck Removal Certificate, issued by a signatory to the Nairobi International Convention on the Removal of Wrecks. Such certificates can be obtained from the UK Maritime and Coastguard Agency;

(d) have a safety certificate from the Flag State valid for so long as it is intended that she shall be in the Maritime Zone;

(e) have a Ship’s Sanitation Certificate that is valid for so long as it is intended that she shall be in the Maritime Zone;

(f) be equipped with an operational Class A Automatic Identification System (AIS); (g) have a pilot ladder which conforms to the standards set out in IMO Resolution A889 (21) for Pilot Ladders; (h) be prepared to carry rodent monitoring boxes on the vessel. These boxes will be supplied by GSGSSI, put in place by the Government Officer and must not be moved or tampered with in any way. If a rodent is detected on board the receiving vessel, the vessel will be required to leave South Georgia waters until the Director of Fisheries is satisfied that all rodents have been killed.

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All documentation will be checked in Cumberland East Bay prior to a transhipment licence being issued.

3. Vessel operators will be informed in writing by the Director of Fisheries when a receiving vessel has been approved. Such approval will be valid for the duration of the fishing season, providing that all the required certificates remain valid.

4. Vessel operators must notify CCAMLR at least 72 hrs in advance of any transhipment in accordance with CCAMLR CM 10-09 (2014). Any such notification must be copied to the Government Officers at KEP and that transhipment will not be permitted to commence until the 72 hours have elapsed.

5. Vessel operators must complete an application for a licence for each individual transhipment to an approved receiving vessel. Application forms are available on request from the Director of Fisheries ([email protected]) or the Government Officers at King Edward Point ([email protected]).

6. The licence fee for each transhipment will be £2000. Fees will be applied to the discharging vessel.

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ANNEX D ADDITIONAL INFORMATION

1. THE SOUTH GEORGIA AND SOUTH SANDWICH ISLANDS MARINE PROTECTED AREA

As part of the provisions of South Georgia and South Sandwich Islands Marine Protected Area the following areas are closed to krill fishing.

(a) Twelve nautical mile no-take zones around South Georgia and Clerke Rocks.

(b) Twelve nautical mile no-take zone around Shag Rocks and Black Rock. This is the area within 12 nautical miles of both Shag Rocks and Black Rocks.

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(c) Twelve nautical mile areas closed to pelagic fishing around each of the South Sandwich Islands

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CCAMLR CONSERVATION MEASURES APPLICABLE TO THE FISHERY Conservation measures that apply to this fishery include (but are not limited to):

CM 10-01 (2014) Marking of fishing vessels and fishing gear.

CM 10-02 (2013) Licensing and inspection obligations of Contracting Parties with regard to their flag vessels operating in the Convention Area.

CM 10-03 (2014) Port inspections of vessels carrying toothfish.

CM 10-04 (2013) Automated satellite-linked Vessel Monitoring Systems (VMS).

CM 10-09 (2011) Notification system for transhipments within the Convention Area.

CM 21-03 (2014) Notifications of intent to participate in a fishery for Euphausia superba

CM 23-02 (1993) Ten-day Catch and Effort Reporting System.

CM 23-03 (1991) Monthly Catch and Effort Reporting System.

CM 23-06 (2012) Data Reporting System for Euphausia superba Fisheries.

CM 25-03 (2011) Minimisation of the incidental mortality of seabirds and marine mammals in the course of trawl fishing in the Convention Area.

CM 26-01 (2009) General environmental protection during fishing.

CM 31-02 (2007) General measure for the closure of all fisheries.

CM 32-02 (2012) Prohibition of directed fishing.

CM 51-01 (2010) Precautionary catch limitations on Euphausia superba in Statistical Subareas 48.1, 48.2, 48.3 and 48.4.

CM 51-06 (2014) General measure for scientific observation in fisheries for Euphausia superba.

CM 51-07 (2014) Interim distribution of the trigger level in the fishery for Euphausia superba in Statistical Subareas 48.1, 48.2, 48.3 and 48.4.

3. DEFINITIONS

Associate

1. A person is an associate of an individual if that person is– a. the individual's husband or wife or civil partner, b. a relative of– i. the individual, or ii. the individual's husband or wife or civil partner, or - 15 -

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c. the husband or wife or civil partner of a relative of– i. the individual, or ii. the individual's husband or wife or civil partner.

2. A person is an associate of any person with whom he is in partnership, and of the husband or wife or civil partner or a relative of any individual with whom he is in partnership; and a Scottish firm is an associate of any person who is a member of the firm.

3. A person is an associate of any person whom he employs or by whom he is employed.

4. A person in his capacity as trustee of a trust, other than a pension scheme or an employees' share scheme, is an associate of another person if the beneficiaries of the trust include, or the terms of the trust confer a power that may be exercised for the benefit of, that other person or an associate of that other person.

5. A company is an associate of another company— i. if the same person has control of both, or a person has control of one and persons who are his associates, or he and persons who are his associates, have control of the other, or ii. if a group of two or more persons has control of each company, and the groups either consist of the same persons or could be regarded as consisting of the same persons by treating (in one or more cases) a member of either group as replaced by a person of whom he is an associate.

6. A company is an associate of another person if that person has control of it or if that person and persons who are his associates together have control of it.

Notes:

1. A person is a relative of an individual if he is that individual's brother, sister, uncle, aunt, nephew, niece, lineal ancestor or lineal descendant, treating— i. any relationship of the half blood as a relationship of the whole blood and the stepchild or adopted child of any person as his child, and ii. an illegitimate child as the legitimate child of his mother and reputed father.

2. Any director or other officer of a company is to be treated as employed by that company.

3. A person is to be taken as having control of a company if— a. the directors of the company or of another company which has control of it (or any of them) are accustomed to act in accordance with his directions or instructions, or b. he is entitled to exercise, or control the exercise of, one third or more of the voting power at any general meeting of the company or of another company which has control of it;

and where two or more persons together satisfy either of the above conditions, they are to be

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taken as having control of the company.

4. “Company” includes any body corporate (wherever incorporated); and references to directors and other officers of a company and to voting power at any general meeting of a company have effect with any necessary modifications.

Illegal fishing refers to fishing activities:

(1) conducted by national or foreign vessels in waters under the jurisdiction of a State, without the permission of that State, or in contravention of its laws and regulations;

(2) conducted by vessels flying the flag of States that are parties to a relevant regional fisheries management organization but operate in contravention of the conservation and management measures adopted by that organization and by which the States are bound, or relevant provisions of the applicable international law; or

(3) in violation of national laws or international obligations, including those undertaken by cooperating States to a relevant regional fisheries management organisation.

Unreported fishing refers to fishing activities:

(1) which have not been reported, or have been misreported, to the relevant national authority, in contravention of national laws and regulations; or

(2) undertaken in the area of competence of a relevant regional fisheries management organisation which have not been reported or have been misreported, in contravention of the reporting procedures of that organisation.

Unregulated fishing refers to fishing activities:

(1) in the area of application of a relevant regional fisheries management organisation that are conducted by vessels without nationality, or by those flying the flag of a State not party to that organization, or by a fishing entity, in a manner that is not consistent with or contravenes the conservation and management measures of that organisation; or

(2) in areas or for fish stocks in relation to which there are no applicable conservation or management measures and where such fishing activities are conducted in a manner inconsistent with State responsibilities for the conservation of living marine resources under international law.

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