Fishery Assessment Report Issue No; 5; Issue Date; Jun 2015

IFFO Fishery Assessment Report Issue No; 5; Issue Date; Jun 2015

FISHERY ASSESSMENT REPORT

IFFO GLOBAL STANDARD FOR RESPONSIBLE SUPPLY OF FISHMEAL AND FISH OIL

FISHERY: Jack Mackerel/ Jurel (Trachurus murphyi)

LOCATION: Chile -Region XV-X

DATE OF REPORT: February 2017

ASSESSOR: Deirdre Hoare

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IFFO Fishery Assessment Report Issue No; 5; Issue Date; Jun 2015

1. APPLICATION DETAILS AND SUMMARY OF THE ASSESSMENT OUTCOME Name:

Address:

Country: Chile Zip:

Tel. No. Fax. No.

Email address: Applicant Code

Key Contact: Title: Certification Body Details

Name of Certification Body: Global Trust Certification Ltd. Assessor Name Peer Reviewer Assessment Days Initial/Surveillance/ Re-certification Deirdre Hoare Virginia Polonio 10 Initial – area extension

Assessment Period 2016

Scope Details IFFO Global Standard for Responsible Supply – 1. Scope of Assessment Issue 1 2. Fishery Jack Mackerel/ Jurel (Trachurus murphyi)

3. Fishery Location Chile – Region XV - X

4. Fishery Method Purse seine

Outcome of Assessment 5. Overall Fishery Compliance Rating Medium / High 6. Sub Components of Low Compliance None 7. Information deficiency None 8. Peer Review Evaluation Approve 9. Recommendation Approve

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IFFO Fishery Assessment Report Issue No; 5; Issue Date; Jun 2015

2. QUALITY OF INFORMATION

Good, primarily government publications. 3. COMPLIANCE LEVEL ACHEIVED

Medium Recommendation Approve fishery 4. GUIDANCE FOR ONSITE ASSESSMENT

Based on HIGH compliance findings

Based on MEDIUM compliance findings

Based on LOW compliance findings

5. ASSESSMENT DETERMINATION

Even though the current status of Jack is overexploited, the assessment team found a fully developed legal and administrative system in place which appears to be working towards the effective and sustainable management of the resource. There is some uncertainty about the biological stock but the management unit reflects the current hypothesis regarding the biological stock, and the biology of the species is taken into account in the fishery management process. Discards and bycatch sampling takes place on landing. There are no explicit management objectives for the fishery. However, the stock is largely managed in accordance with scientific advice produced using implicit management objectives based on scientifically- derived reference points. Additionally, there are generic commitments to long-term sustainability in the legislation. Research to support the conservation and the management of the stock, non-target species and physical environment exists, however research programmes could be significantly improved to decrease scientific advice uncertainty. Additional research which would improve the reliability of the stock assessment includes an improved understanding of population structure and migration patterns, location of spawning and nursery grounds, growth and age parameters, discards and under-reported catches, fishing effort/CPUE, and environmental influence on stock parameters. Since 2013, there has been a legal requirement for SUBPESCA’s technical recommendations (including TAC) to be adopted. Scientific advice is taken into account, when designing conservation and management measures, in a comprehensive manner. There is consideration of uncertainty and the risks associated with management actions in the Chilean management process. In recent years, TACs have been set in line with South Pacific Regional Fisheries Management Organisation (SPRFMO) advice, and have not been exceeded. Mechanisms to allow for recovery

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IFFO Fishery Assessment Report Issue No; 5; Issue Date; Jun 2015

of the stock to sustainable levels are somehow established. However, there is no evidence of the efficiency of the methods used. There are management measures to prevent the impact of the fishing methods and fishing practices on non- target species and the physical environment. Measures are based on scientific information. There is a framework allowing for the application of sanctions ranging from monetary fines to revocation of licence. There is evidence of a fisheries control and enforcement regime in place in Chile, but limited information to determine how effective this regime is. HIGH Compliance B2, C1, D1, D3, E1 MEDIUM Compliance A1, A2,A3, B1, D2, E2 LOW Compliance

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IFFO Fishery Assessment Report Issue No; 5; Issue Date; Jun 2015

SUMMARY OF LEVEL OF COMPLIANCE

The Management Stock assessment procedures Precautionary Management measures Implementation Framework and Procedures and management advice approach legal and administrative basis A1

Fisheries management should be concerned with the A2 whole stock unit

Management actions should be scientifically based A3

Research in support of fisheries conservation and B1 management should exist

Best scientific evidence available should be taken into B2 account when designing conservation and management measures

The precautionary approach is applied in the C1 formulation of management plans

The level of fishing permitted should be set according to D1 management advice given by research organisations

Where excess fishing capacity exist, mechanisms should D2 be in established to reduced capacity

Management measures should ensure that fishing gear D3 and fishing practices do not have a significant impact on non-target species and the physical environment

A framework for sanctions of violation of laws and E1 regulations should be efficiently exists

A management system for fisheries control and E2 enforcement should be established

KEY: Low Compliance: Medium Compliance: High Compliance:

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IFFO Fishery Assessment Report Issue No; 5; Issue Date; Jun 2015

6. RATIONALE OF THE ASSESSMENT OUTCOME

A. THE MANAGEMENT FRAMEWORK AND PROCEDURE LEVEL OF COMPLIANCE A1. The management of the fishery must include a legal and administrative basis for the implementation of measures and controls to support the conservation of the fishery. LOW An administrative framework that ensures an efficient management of the fishery for its conservation is not established. MEDIUM An administrative framework that ensures an efficient management of the fishery for its conservation is somehow established, but there is evidence of not being efficient to ensure the conservation of the stock. HIGH A legal and administrative framework that ensures an efficient management of the fishery for its conservation is established and works efficiently toward the conservation of the stock. Determination: An administrative framework that ensures an efficient management of the M fishery for its conservation is somehow established, but there is evidence of not being efficient to ensure the conservation of the stock, as it is currently in a state of overexploitation. Primary institutional framework The Chilean institutional structure governing the fisheries and aquaculture sector centers around three key organisations, with a number of other institutions providing additional research and enforcement support (such as the Navy). These three organizations have a degree of operational independence while performing a crucial and interlinked function within the broad institutional framework. • The Subsecretariat de Pesca (Undersecretariat of Fisheries, SUBPESCA or SSP) is positioned within the Chilean Ministry of Economy, and provides the policy settings and regulatory framework for the domestic management of the sector. It also manages policy direction and provides input into international fisheries issues. Law 20.657 created eight scientific-technical fisheries committees within SUBPESCA, to act as advisory bodies in the formulation of all reference points, quotas, and other technical measures. The law also rendered their technical recommendations mandatory – thus there is a legal requirement for scientific advice to be adopted. • The Servicio Nacional de Pesca (National Fisheries Service, SERNAPESCA) is also based within the Ministry of Economy. It is responsible for executing national fisheries policy, for supervising its enforcement and for ensuring proper application of the legal rules and regulations on fishing. In practice, compliance is checked by Intertek Caleb Brett Chile SA, acting on behalf of SERNAPESCA. • The Instituto de Fomento Pesquero (Fisheries Development Institute, IFOP) is the research arm of the institutional framework. A non-profit organisation created in 1964 under a joint agreement between the Chilean government, the FAO, and the UN Development Program, it is the primary source of scientific advice to the SSP on fisheries and aquaculture agreement issues. Its work includes stock assessment, advising on total allowable catch levels for the wild fisheries, and the environmental and health aspects of aquaculture production. It draws a proportion of its funding from SUBPESCA but also has to compete for funding from a range of public funding sources.

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IFFO Fishery Assessment Report Issue No; 5; Issue Date; Jun 2015

Fisheries councils The National Fisheries Council was created by the Fisheries and aquaculture Law 18.892 for the purpose of managing the participation of all stakeholders in the fisheries and aquaculture sector. It is a ruling, advisory and consultative body for dealing with Fisheries and Aquaculture plans and Laws as well as for development proposals for small scale fishing. There are also five Zonal Fisheries Councils aimed at contributing to the decentralization of management measures to be taken by authorities, and to enhance regional participation of fisheries and aquaculture stakeholders. They communicate new and amended regulations through regional bulletins and acts published several times a year to fishery stakeholders. Finally, Regional Fisheries Councils are aimed at studying fisheries and aquaculture problems affecting their zones and to propose solutions and management measures to SUBPESCA. Until 2013 the Councils were responsible for approving the SUBPESCA-recommended TAC; however, the introduction of Law 20.657 (the General Law on Fisheries and Aquaculture, LGPA) in February 2013 adjusted this arrangement to render the Council as a purely consultative body for the purposes of TAC-setting. South Pacific Regional Fisheries Management Organisation (SPRFMO) Additionally, as a widely distributed species, international management of Chilean jack mackerel is coordinated by the South Pacific Regional Fisheries Management Organisation (SPRFMO). Currently an overall TAC is agreed by the SPRFMO for the whole stock, with part of that bound under a Conservation and Management Measure (CMM) applying to the international waters under SPRFMO’s jurisdiction and also to Chilean national waters due to its express consent (SPRFMO, 2015). Legal instruments Since February 2013, the primary legal instrument for fisheries management in Chile has been Law 20.657 (LGPA). The LGPA is a modification of the previous fisheries legislation, and includes: • A commitment to the sustainable use and conservation of marine resources. • A commitment to make key decisions on conservation measures on the basis of scientific information above all other considerations. To this end, the recommendations of SUBPESCA’s scientific-technical committees have been made mandatory. • A commitment to develop management plans for any fishery with restricted access, and the review and updating of these plans every five years.

R2-7 LEVEL OF COMPLIANCE A2. Fisheries management should be concerned with the whole stock unit over its entire area of distribution and take into account fishery removals and the biology of the species. LOW Fisheries management is not concerned with the whole stock unit over its entire area of distribution and do not take into account any of the matters listed in ‘A1’. MEDIUM Fisheries management is concerned with matters listed in ‘A1’ but not entirely. Fisheries, in relation to ‘A1’

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IFFO Fishery Assessment Report Issue No; 5; Issue Date; Jun 2015

statement, should improve to ensure the long term conservation of the marine resource. HIGH Fisheries management should be concerned with the whole stock unit over its entire area of distribution and take into account:  All fishery removals  The biology of the species Determination: Fisheries management is concerned with the biological stock, and the biology M of the species is taken into account in the fishery management process. Discards and bycatch sampling takes place on landing. However, improvements in stock knowledge should improve to ensure the long term conservation of the marine resource. There are four management units for Jack mackerel fisheries in Chilean waters:

• Regions XV-II • Region III-IV • Region V- IX • Region XIV-X

This assessment focusses exclusively on the Jack mackerel stock in regions XV-X.

Chilean Jack mackerel is widespread throughout the South Pacific, along the shelf and oceanic waters adjacent to Ecuador, Peru, and Chile, and from the coast of Chile to New Zealand within a 35º to 50º S band across the South Pacific.

The stock structure of Chilean jack mackerel in the southeast Pacific is not clear. Research based on genetic (Cárdenas et al., 2009) and otolith (Ashford et al., 2011) analysis supported the existence of a single trans-zonal population (Gerlotto et al., 2012; SPRFMO, 2013). However, other competing stock structure hypotheses have been recently suggested. The South Pacific Regional Fisheries Management Organization (SPRFMO) has carried out parallel assessments, under the two main hypotheses: that there are separate northern (Peru-Ecuador, northern Chile) and southern (central-southern Chile) stocks or that there is a single shared stock, all straddling the high seas (SPRFMO), while more conclusive evidence is not available.

This assessment is based on the second hypothesis, namely that Jack mackerel caught off the coasts of Peru and Chile constitutes a single shared stock.

The Fisheries Development Institute of Chile (IFOP) performs annual stock assessments and has estimated annual allowable catches through a size-structured model. The biology of the species is taken into account during assessments. IFOP utilises information associated with life history parameters, such as natural mortality, growth and maturity data. These are all factored into the modelling process for predicting potential future harvest rates.

Stock assessments are carried out separately for each management unit. The management units reflect the current best scientific understanding of the biological stocks. Although all landings of Jack mackerel are recorded, information provided by IFOP indicates that there are issues with underreporting and misreporting of species. There is a no-discard policy in place and so this is unlikely to be a significant source of fishery removals.

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IFFO Fishery Assessment Report Issue No; 5; Issue Date; Jun 2015

Figure 1. Map of Chile, indicating the location of administrative regions XV- X (R9).

R7, 9,11,13,14

LEVEL OF COMPLIANCE A3. Management actions should be based on long-term conservation objectives LOW Management actions are not based on long term management objectives. MEDIUM Management actions are based on long term management objectives. However the actions are not scientifically formulated. HIGH Management actions are based on long term management objectives, and actions are science based. Determination: There are no explicit management objectives for the fishery. However, the M stock is largely managed in accordance with scientific advice produced using implicit management objectives based on scientifically-derived reference points. Additionally, there are generic commitments to long-term sustainability in the legislation. There is no explicit management plan in place for the fishery, and no officially implemented harvest control rules. A recovery plan has been adopted although a harvest control rule to be used in TAC-setting is still under review. The LGPA states that all stocks should be exploited around the MSY level, and that the MSY is the objective to be taken into account when quotas are established. In general both scientific advice and management measures are based on this generic objective. SSB reference points were recently set for the fishery, and have been used as the basis for the TAC advice. The Jack Mackerel SSB target reference point acts as a proxy for

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IFFO Fishery Assessment Report Issue No; 5; Issue Date; Jun 2015

BMSY, and is equal to 36% SSB0 (36% of the unexploited biomass). The proxy for FMSY is set at

F26%. The limit reference point is 9%SSB0. The LGPA includes a commitment to develop a management plan for any fishery with restricted access; however, the development of a management plan for the small pelagic fishery in Regions XV - X, or any of its component species, appears to be still in development. The LGPA also includes commitments to manage fisheries sustainably.

B. STOCK ASSESSMENT PROCEDURES AND MANAGEMENT ADVICE LEVEL OF COMPLIANCE B1. Research in support of fisheries conservation and management should exist. LOW Research to support the conservation and management of the stock, non-target species and physical environment does not exist MEDIUM Research to support the conservation and the management of the stock, non-target species and physical environment exists, however research programmes could be significantly improved to decrease scientific advice uncertainty. HIGH Research to support the conservation and the management of the stock, non-target species and physical environment exist, and existent research is considered most adequate for the long term conservation of the target, non-target and physical environment Determination: Research to support the conservation and the management of the stock, non- M target species and physical environment exists, however research programmes could be significantly improved to decrease scientific advice uncertainty. Fishery-dependent data Fishery-independent data collected from the small pelagic fishery includes total landings and age and size estimates from sampling. Information collected at landing sites and directly from fishing vessels includes location and time of catch, length, weight, sex, and age data, and size frequency distribution data.

Figure 2. CPUE from the international jack mackerel fleet that operates beside Chile outside the EEZ (R9).

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IFFO Fishery Assessment Report Issue No; 5; Issue Date; Jun 2015

Fishery-independent data In Chile the Jack mackerel research program includes stock assessment surveys using hydroacoustics and the daily egg production method (DEPM). For the northern region (XV-III) data on acoustic biomass and number and weight at age are available from 2006 to 2012 on a yearly basis. For the central- southern regions (V-X), these data are available from 1997 to date. Egg surveys (through the Daily Egg Production Method), to estimate the abundance of the spawning stock, were conducted on an annual basis from 1999 to 2008 along the central zone of the Chilean coast. Acoustic estimates and egg survey results are used as relative abundance indices to fine-tune the stock assessment model. Besides that, for the central- southern regions there are estimates of abundance and numbers at age based on DEPM for the years 2001, 2003, 2004, 2005, 2006, 2008.

Figure 3. Spawning biomass and recruits in the Jack mackerel fishery in Regions XV- X (R9)

R10,11

LEVEL OF COMPLIANCE B2. Best scientific evidence available should be taken into account when designing conservation and management measures. LOW Scientific advice is not taken into account when designing conservation and management measures. MEDIUM Scientific advice is taken into account, when designing conservation and management measures. However some areas of discrepancy are identified that could have a significant impact in the long term conservation of the marine environment. HIGH Scientific advice is taken into account, when designing conservation and management measures, in a comprehensive manner. Determination: Since 2013, there has been a legal requirement for SUBPESCA’s technical H recommendations (including TAC) to be adopted. Chile has set its TAC in line with the advice from the SPRFMO. Scientific advice is taken into account, when designing conservation and management measures, in a comprehensive manner. Since 2010, a joint Jack mackerel stock assessment has been conducted, including fisheries independent and dependent data from each fishing country in a statistical catch-at-age model performed by the South Pacific Regional Fisheries Management Organization (SPRFMO)’s Scientific Committee (SC). Coastal countries continue to perform their own stock assessments of the resource within their jurisdictional waters, either based or not on the models run during the joint assessment, and their institutes continue to provide advice on national catch limits. IFOP reports are available upon request; for 2016 the report includes update of Chilean data, analysis of data quality, a review of the risks of overexploitation taking into account the

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IFFO Fishery Assessment Report Issue No; 5; Issue Date; Jun 2015

population structure uncertainty and an analysis of productivity levels between different stock structure hypotheses and prospects of Chilean catches in the short and long term (IFOP, 2015). Scientific recommendations combine data and decisions of experts of each fishing country in the Scientific Committee of the SPRFMO, based on the joint assessment results. Since 2011 an advised Total Allowable Catch (TAC) has been proposed for the whole stock (e.g. SPRFMO, 2015e). The SC agreed that the recommendation for catches in 2015 – 460,000 tonnes- is still appropriately precautionary for 2016 for the entire Jack mackerel range in the southeast Pacific, based on a status quo fishing mortality of 2014. Fishing mortality in the next 10 years at or below current (2015) levels is expected to increase spawning biomass to 3.2 million tonnes by 2016. The advice is based on evaluation of indicators including the single and two stock hypotheses. Within the area of the SE Pacific, the two-stock model shows generally similar trends in the biomass compared to those using single stock model (when summed) (SPRFMO, 2015d). Both Chile and Peru expressed dissatisfaction in 2015 with the limits assigned within their national waters. The Chilean TAC for 2016 was set in December 2015 at 310,000 tonnes (MEFT, 2015a). The quota share defined in January 2016 by the Commission was 297,000 tonnes for Chile, and Chile adjusted the set TAC in March 2016 (MEFT, 2016a) in line with the SPRFMO agreed catch (SPRFMO, 2015e). Prior to the update of the fishery management legislation in 2013, quota recommendations made by IFOP and SUBPESCA had to be approved by a majority vote in the appropriate fishery council. The update to the LGPA made it mandatory for the management recommendations of SUBPESCA’s scientific/technical advisory boards to be adopted by fishery managers, including with regards to the setting of quotas. The LGPA also states that quotas should be established using MSY as the primary technical parameter. R14-19 C. THE PRECAUTIONARY APPROACH LEVEL OF COMPLIANCE C1. The precautionary approach is applied in the formulation of management plans. LOW The precautionary approach is not applied in the formulation of management plans. MEDIUM The precautionary approach is applied, however not all uncertainties are taken into account. HIGH The precautionary approach is applied, taking into account uncertainties relating to the dynamic of fish population (recruitment, mortality, growth and fecundity), and the impact of the fishing activities, such as discards and by-catch of non-target species as well as on the physical environment (Habitats). Determination: There is consideration of uncertainty and the risks associated with H management actions in the Chilean management process. According to the LGPA, the stated objective of fisheries management in Chile is “to foster the conservation and sustainable use of aquatic resources through the application of a precautionary approach, an ecosystem approach to fisheries regulation, and the protection of marine ecosystems”. Calculations of Biologically Acceptable Catch (BAC), which form the basis for setting catch quotas, are based on stock assessment and consideration of uncertainty, using Bayesian methods to estimate the risk associated with potential catch rates.

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IFFO Fishery Assessment Report Issue No; 5; Issue Date; Jun 2015

In its 2016 stock assessment report IFOP analyses the risk of over-fishing and over-exploitation of Jack mackerel when the population structure is uncertain. Parallel assessments of the two main working hypothesis of population structure already identified were carried out. The SPRFMO Scientific Committee is continuing to work on evaluating alternative hypothesis of Jack mackerel stock population. Environmental conditions (e.g., strong El Niño that developed in 2015) likely affects Jack mackerel distribution and thus age-specific vulnerability to surveys and fisheries. This may have affected the Chilean northern acoustic survey and those conducted in Peruvian waters. F50 is proposed as a Precautionary Reference Limit. In its stock assessment report IFOP takes into account a range of sources of uncertainty, eg. the variability in the CPUE data, environmental factors, stock aggregation for habitat or reproduction, acoustic biomass estimation parameters. Life history parameters are also taken into account (growth, mortality and maturity), the process error inherent in the evaluation model and the short history of the fishery. IFOP also produces outputs which indicate the level of risk associated with potential fishery management actions. The specific objective in relation to Jack mackerel is to maintain a spawning biomass equal to 50% of the level if the stock was unexploited, with a risk of failing this to be not more than 9%.

R11 D. MANAGEMENT MEASURES LEVEL OF COMPLIANCE D1. The level of fishing permitted should be set according to management advice given by research organisations. LOW The level of fishing permitted is not set according to management advice given by research organisations. MEDIUM The level of fishing permitted is higher than management advice given by research organisations. However, the difference is not considered to have a significant impact of the sustainability of the stock HIGH The level of fishing permitted is set according to management advice given by research organisations. Determination: In recent years, TACs have been set in line with the SPRFMO advice, and have H not been exceeded. The level of fishing in the Jack mackerel fishery is restricted by annual quotas. Quota recommendations are initially provided by IFOP to the scientific/technical committees of SUBPESCA. The South Pacific Regional Fisheries Management Organisation sets the quotas for the member countries. For 2016 the Chilean scientific committee set a TAC of 310,000t however the Ministry of Foreign Affairs applied the measures adopted in the 4th meeting of the SPRFMO scientific committee, which established a quota of 297,000 t for 2016. The table below compares landings and quotas for fishing years 2010 – 2015. The TAC has not been exceeded in recent years.

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IFFO Fishery Assessment Report Issue No; 5; Issue Date; Jun 2015

Table 1. Historical comparison of landings (‘000t) and quota (CBA) of Jack mackerel, 2010-2015. R15

R15, 16

LEVEL OF COMPLIANCE D2. Where excess fishing capacity exist, mechanisms should be in established to reduce capacity to allow for the recovery of the stock to sustainable levels. LOW Mechanisms to allow for recovery of the stock to sustainable levels are not established. MEDIUM Mechanisms to allow for recovery of the stock to sustainable levels are somehow established. However there is no evidence of the efficiency of the methods used. HIGH Mechanisms are established to reduce capacity to allow for the recovery of the stock to sustainable levels and there are evidences of recovery. Determination: Mechanisms to allow for recovery of the stock to sustainable levels are M somehow established. However, there is no evidence of the efficiency of the methods used. There is a requirement for industrial and artisanal fishers to be registered on the National Registry which is used to control their number per regional area. Currently inscription into the registry is suspended. Landings have decreased significantly in recent years. Keeping in mind that the most recent years estimates are more uncertain, recent retrospective analysis has shown overestimation of the biomass in recent years. The data shows that the stock is currently being fished above MSY (over-exploited). A Rebuilding and Conservation plan for the stock was proposed and reportedly adopted but without a defined harvest control rule (HCR), which the SC was requested to review and evaluate. The proposed HCR and a range of alternative rules were evaluated (Canales, 2014; Hintzen et al., 2014), but no particular HCR was advised by the SC in 2014, given that current short-term advice was stated to be reliable and selecting a longer-term HCR should be carefully pondered against the SPRFMO and members’ management objectives. Relative to the rebuilding analysis, the conclusions from last year’s benchmark assessment continues to apply (SPRFMO, 2015e).

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IFFO Fishery Assessment Report Issue No; 5; Issue Date; Jun 2015

Figure 4. Annual variation (1970-2016) of F (fishing mortality) and landings of Jack Mackerel. The blue line represents annual reference Fmsy R14,15,16,23,24

LEVEL OF COMPLIANCE D3. Management measures should ensure that fishing gear and fishing practices do not have a significant impact on non- target species and the physical environment. LOW There are no management measures to prevent the impact of the fishing methods and fishing practices on non-target species and the physical environment. MEDIUM There are management measures to prevent the impact of the fishing methods and fishing practices on non- target species and the physical environment. However it is not science based. HIGH There are management measures to prevent the impact of the fishing methods and fishing practices on non- target species and the physical environment. Measures are based on scientific information. Determination: There are management measures to prevent the impact of the fishing H methods and fishing practices on non-target species and the physical environment. Measures are based on scientific information. Non-target species In order to reduce and/or mitigate interference among fisheries and/or discards, an annual decree regarding the TAC establishes the bycatch allowance for this resource throughout the fishery unit, generally at 5% per trip. According to the Law D. Ex. No. 22 of 2016 the proportion

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IFFO Fishery Assessment Report Issue No; 5; Issue Date; Jun 2015

of bycatch and the corresponding annual reserve associated with the fishery for Jack mackerel, Spanish sardine and Anchovy was established.

Table 2. Bycatch quota of Jack mackerel, Spanish sardine and anchovy artisanal fisheries 2016. (R17)

Target Bycatch Región Reserva anual % Bycatch

Jack mackerel Anchoveta III-IV 500 30

Jack mackerel Spanish III-IV 500 30 sardine

Anchoveta Jack mackerel III 26 5

Anchoveta Jack mackerel IV 150 5

Others Jack mackerel XV-X 150 5

The northern Chilean fleets mainly caught jack mackerel as bycatch in the fishery targeting anchoveta (Engraulis ringens) in 2014. The anchoveta artisanal fishery has a limit of 5% in catch of jack mackerel bycatch (MEFT, 2016b). In the south, chub mackerel (Scomber japonicas) is the main bycatch of the jack mackerel fishery, constituting around 1% of catches. More complete lists of bycatch species, including non-commercial species, could not be located. ETP species The level of interaction of the fishery with Protected, Endangered and Threatened (PET) species appears to be low but it is unclear if reporting is adequate. Observers collected data on seabird sightings from an EU vessel in 2014 – over 5900 birds were sighted from 12 taxa, but no catches were observed, as was reported for 2013 (Corten, 2014). The standards for collecting observer coverage are to undergo revision, including reporting of oceanic shark bycatch but no reports of seabird, mammal, reptile or oceanic shark bycatch have been associated with jack mackerel fisheries (SPRFMO, 2014h). The SPRFMO Scientific Committee recommended the use of a recently approved protocol (SPRFMO, 2015d). Guidelines to seabird bycatch mitigation measures were issued in April 2016 (SPRFMO, 2016b): members and CNCPs shall record data on all interactions with seabirds through existing observer programs and report these data annually to the Secretariat, report annually seabird mitigation measures used by each vessel as well as level of observer coverage focused on recording seabird bycatch. These data recording requirements were also added into the standard management measure for the Collection, Reporting, Verification and Exchange of Data (SPRFMO, 2016c). In Chile, sightings of seabird species present in samples on board purse seine boats have been recorded by Fisheries Research Fund projects; seabird bycatch statistics for many fisheries are also reported to the ACAP Data Portal but no information is available for the jack mackerel fisheries, and mitigation measures for purse seine fleets are under-researched (Garcia, 2014). Unlike purse-seine fishing in other regions, the incidence of dolphins in jack mackerel catches is

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infrequent. Notwithstanding this, existing regulations restrict the use of trawl nets of any size and regulate the use of purse seines (height and mesh size) and large gillnets in coastal areas as specified in decrees N° 48/1986 and N° 45/1990 and in Article 49 of the Fisheries Act. Ecosystem and habitat Purse-seines and pelagic trawls are not expected to interact with the seabed ecosystem (SPRFMO, 2013d). Vulnerable Marine Ecosystems (VME) are being identified and mapped according to indicator species such as stony corals, gorgonians, soft corals and sponges (SPRFMO, 2013a). Ecologically or Biologically Significant Marine Areas (EBSAs) have been identified within the convention area and may require conservation measures (SPRFMO, 2014b). No conservation measure on EBSAs was issued regarding purse seine and pelagic trawl fisheries, however a wide ban for large-scale pelagic driftnets and all deepwater gillnets in the Convention Area is in force since 2013 and guidelines for bottom trawl were recently agreed to identify and avoid VMEs (SPRFMO, 2016e,f). In Chile, purse seines can reach dimensions of 173 m depth by 1760 m length. In general, the impact of this fishing gear on the seafloor is not a subject under technical or scientific debate, since these nets are usually deployed at greater depths, where bottom contact does not occur. However, there is no consensus about the selectivity of this gear for smaller-size individuals of the same Jack mackerel target resource or the incidence or incidental catch of other fish species. This debate has raised mainly among artisanal and industrial stakeholders and has been tackled by the authority after the industrial fleet was excluded from the 5-mile artisanal reserve zone, and supplemented with on-board use of the positioning device.

R11, 12,13, 17, 25-34 E. IMPLEMENTATION LEVEL OF COMPLIANCE E1. There should be a framework for sanctions of violation of Laws and regulations. LOW A framework for sanctions of violation of Laws and regulations do not efficiently exist. MEDIUM A framework for sanctions of violation of Laws and regulations do exist but do not work efficiently. HIGH A framework for sanctions of violation of Laws and regulations exists and is proven to be efficient. Determination: There is a framework allowing for the application of sanctions ranging from H monetary fines to revocation of licence. The LGPA defines a range of sanctions for offences including fishing with an unlicensed vessel, discarding, incorrect logbook use, failure to report landings, fishing in a region or fishery other than the one for which the vessel is licenced, and for industrial vessels which land more fish than they have quota for. Depending on the offence, sanctions can include one or a combination of monetary penalties dependant on tonnage; suspension of fishing licence; and revocation of licence entirely. Punitive proceedings are the responsibility of the regional SERNAPESCA director. In 2005, a national action plan was approved with the aim of preventing, deterring and eliminating IUU fishing. There are some instances of non-compliance with SPRFMO’s Conservation and Management Measures, particularly as to timely reporting (SPRFMO, 2014c). A final list of Illegal, unreported

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and unregulated (IUU) vessels was adopted at the 3rd SPRFMO Commission meeting in 2015 and comprised two vessels (SPRFMO, 2015b). In 2016 three IUU vessels were reported for conducting unauthorized activities (SPRFMO, 2016a).

R35,36,37

LEVEL OF COMPLIANCE E2. A management system for fisheries control and enforcement should be established. LOW A management system for fisheries control and enforcement is not established. MEDIUM A management system for fisheries control and enforcement is established but do not work efficiently. HIGH A management system for fisheries control and enforcement is established and work efficiently. Determination: There is evidence of a fisheries control and enforcement regime in place in M Chile, but limited information to determine how effective this regime is. The guiding instrument of fisheries management in Chile is the General Law on Fisheries and Aquaculture (LPGA). No. 18.892 of 1989 Act, as amended (Decree 430) plus other intermediate laws, regulated the activities of fisheries and aquaculture until February 9, 2013 when the new Law on Fisheries and Aquaculture No. 20,657, was published in the Official Journal amending the previous one in the field of sustainability of aquatic resources, access to industrial, craft and regulations for research and monitoring fishing activity.

Article 10 of Law 19713 states that industrial vessels must submit information on capture by fishing trip in Article 63 of the General Law on Fisheries and Aquaculture, certified by concerns an Audit Institution accredited by the National Fisheries Service. The way, conditions and procedures of certification and accreditation of audit entities, shall be established by resolution of the Service.

Enforcement of fisheries legislation is the responsibility of SERNAPESCA. Industrial vessels operate under mandatory VMS monitoring. Sernapesca;

 Carry out audits of capture fisheries and implement the surveillance and control of compliance with legal provisions relating to the fisheries.

 Health and environmental monitoring of aquaculture, surveillance. Developing strategies and procedures for prevention, surveillance and control of high-risk diseases.

 Information and sectoral statistics. Managing fisheries and aquaculture records. Within the Exclusive Economic Zone the Chilean Navy also monitors an area covering approximately 4,542,990 Km2, ensuring the prevention of depredation of natural resources in an effort to protect the ecosystem from unauthorized activities.

Vessel Monitoring Systems (VMS) are being implemented according to standard requirements defined at the SPRFMO level. Each fishing country has to deliver fishing data on a regular basis – landings, list of vessels authorized to operate in the Convention area (SPRFMO, 2014c). Proposals of the European Commission (EC) were used by the SPRFMO to diminish IUU fishing (EC, 2013). Scientific observers are required on at least 10% of fishing trips, while a SPRMO-

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wide observer program is not in place (SPRFMO, 2015a). Peru mandates that 20% of its vessels carry an observer (Subsecretario de recursos pesqueros, 2014) but reported 100% coverage in the 2013 jack mackerel fishery (SPRFMO, 2014c). Chilean fishing trips carried observers in 9.1% of high seas trips and 15.2% of trips within the Chilean EEZ (SPRFMO, 2014e). The European Union reported 13% coverage, China 0%, and Korea and Vanuatu 100% in 2013 (SPRFMO, 2014c).

Work is in progress to set up an SPRFMO observer program but it is still to be defined the purpose of the program, i.e only for scientific observation or for monitoring control and surveillance purposes (SPRFMO, 2015d).

R3, 4, 5, 18

7. KEY STAKEHOLDERS

8. REFERENCES R1 -Image of Trachurus murphyi by Béarez, Philippe http://www.fishbase.se/photos/PicturesSummary.php?ID=367&what=species R2 - SUBPESCA home: http://www.subpesca.cl/ R3 - SERNAPESCA home: http://www.sernapesca.cl/ R4 - IFOP home: http://www.ifop.cl/ R5 - Fisheries Law 20.657: http://www.subpesca.cl/normativa/605/articles-764_documento.pdf R6- Fisheries Law 20.657, “History of the Law”: http://www.leychile.cl/Navegar/scripts/obtienearchivo?id=recursoslegales/10221.3/43656/3/HL206 57.pdf R7 -SPRFMO 2015 https://www.sprfmo.int/assets/Meetings/Meetings-2013-plus/Commission- Meetings/3rd-Commission-Meeting-2015-Auckland-New-Zealand/Annex-H-CMM-3.-01-for- Trachurus-Murphyi-rev2.pdf R8 - Szary, AL, 1997, Regiones ganadoras y regiones perdedoras en el retorno de la democracia en Chile: poderes locales y desequilibrios territoriales, EURE (Santiago) v.23 n.70 Santiago dic: http://www.scielo.cl/scielo.php?pid=S0250-71611997007000004&script=sci_arttext R9- CCT-PP. 2016. Informe Técnico 2016/04. Determinación del Estado de Situación y Rango de Captura Biológicamente Aceptable de Recursos Pelágicos Pequeños, Año 2017. Comité Científico Técnico de Pesquerías de Pequeños Pelágicos. Subsecretaría de Pesca y Acuicultura. 26 pp.

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R10- Cárdenas, L., Silva, A. X., Magoulas, A., Cabezas, J., Poulin, E., Ojeda, F.P. Genetic population structure in the Chilean jack mackerel, Trachurus murphyi (Nichols) across the South-eastern Paciﬁc Ocean, Fisheries Research 100: 109–115 http://www.captura.uchile.cl/bitstream/handle/2250/132070/Cardenas_Leyla.pdf?sequence=1 R11- Ashford, J., Serra, R., Saavedra, J.C., Letelier, J. 2011. Otolith chemistry indicates large-scale connectivity in Chilean jack mackerel (Trachurus murphyi), a highly mobile species in the Southern Pacific Ocean, Fisheries Research 107(1–3): 291–299 http://www.sciencedirect.com/science/article/pii/S0165783610002973 R12 - Gerlotto, F., Gutérrez, M., Bertrand, A. 2012. Insight on population structure of the Chilean jack mackerel (Trachurus murphyi), Aquatic Living Resources 25: 341–355 http://journals.cambridge.org/download.php?file=%2FALR%2FALR25_04%2FS0990744012000368a. pdf&code=abd9bf1f5757ce565e74d9e8bd98cb77

R13 - SPRFMO, 2013a. Report of the 1st Scientific Committee, La Jolla, USA: 21-27 October 2013, Amendment Dec 2013, 45 pp. http://www.southpacificrfmo.org/assets/Scientific-Committee- 1st-2/Report/SC-01-2013-Report-amended-16-Dec-13-a.pdf

SPRFMO, 2013b. CMM 1.01 Conservation and Management Measure for Trachurus murphyi (Annex G), 8 pp.http://www.southpacificrfmo.org/assets/Commission-Meeting-1st/Report/Annex- G-CMM-1.01-Conservation-and-management-measures-for-Trachurus-murphyi.pdf

R14 – Chilean Jack Mackerel Fish Source profile https://www.fishsource.org/stock_page/756 R15- IFOP 2015 INFORME DE ESTATUS Convenio de Desempeño 2015 “Estatus y posibilidades de explotación biológicamente sustentables de los principales recursos pesqueros nacionales al año 2016: Jurel, 2016 SUBSECRETARÍA DE ECONOMÍA Y EMT / Octubre 2015

R16 - SPRFMO, 2015e. Conservation and Management Measure for Trachurus murphyi - CMM 4.01. 5 pp. https://www.sprfmo.int/assets/Fisheries/Conservation-and-Management-Measures/CMM- 4.01-T-murphyi-2016-4Mar2016.pdf

R17- SPRFMO, 2015d. Final Report of the 3rd Scientific Committee Meeting Port Vila, Vanuatu. 28 September - 3 October 2015. 44pp. https://www.sprfmo.int/assets/Meetings/Meetings-2013- plus/SC-Meetings/3rd-SC-Meeting-2015/Report/SC-03-Final-report-14Oct15-A1-7.pdf

R18 - MEFT, 2015a. Dec. Ex. N° 1142-2015 Establece Cuota Anual de Captura recurso Jurel XV-II, III- IV, V-IX y XIV-X, Sometidas a Licencias Transables de Pesca 2015. December 2015. http://www.subpesca.cl/institucional/602/articles-91814_documento.pdf

R19 - MEFT, 2016a. Dec. Ex. N° 121-2016 Ministerio de Economia, Fomento y Turismo - Subsecretaria de Pesca y Acuicultura. Modifica Dec. Ex. N° 1142-2015 Establece Cuota Anual de Captura recurso Jurel XV-II, III-IV, V-IX y XIV-X, Sometidas a Licencias Transables de Pesca 2015. 10 March 2016. 2 pp.

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http://www.subpesca.cl/normativa/605/articles-92520_documento.pdf

R20 – SUBPESCA 2016. Estado de situación de las principales pesquerías Chilenas año 2015.

R21-DTO. Exento No 22. Decreto fauna acompañante pesquerías artesanales 2016 http://www.subpesca.cl/institucional/602/articles-92110_documento.pdf R22 - http://www.armada.cl/armada/site/edic/base/port/nuestra_armada.html R23 - Canales, 2014. Harvest control rule for Jack mackerel rebuilding: a preliminary evaluation. https://www.sprfmo.int/assets/Scientific-Committee-2nd/SC-02-Papers/SC-02-JM-09-Harvest- control-rule-for-Jack-mackerel-rebuilding-a-preliminary-evaluation.pdf R24 - Hintzen, N.T., T. Brunel, M.-E. Guele, 2014. Management Plan evaluations for Jack Mackerel (Trachurus murphyii) – evaluating the adopted rebuilding plan. https://www.sprfmo.int/assets/Scientific-Committee-2nd/SC-02-Papers/SC-02-JM-04-Evaluating- the-adopted-Jack-mackerel-rebuilding-plan.pdf R25- MEFT, 2016b. Dec. Ex. Nº 22-2016 Establece Porcentaje de Desembarque de Especies como Fauna Acompañante de Pesquerías Artesanales que Indica, Año 2016. January 2016. 3 pp.http://www.subpesca.cl/normativa/605/articles-92110_documento.pdf R26 - Corten, A., 2014. 2nd Meeting of the Scientific Committee Honolulu, Hawaii, USA 1-7 October 2014 SC-02-04. European Union Annual National Report. https://www.sprfmo.int/assets/Scientific-Committee-2nd/SC-02-Papers/SC-02-04-EU-Annual- Report.pdf R27 - SPRFMO, 2014h. 2nd Meeting of the Scientific Committee Honolulu, Hawaii, USA 1-7 October 2014. SC-02-23. A summary of current SPRFMO bycatch records (including Seabird and Oceanic shark captures). https://www.sprfmo.int/assets/Scientific-Committee-2nd/SC-02-Papers/SC-02-23-Summary-of- current-SPRFMO-by-catch-records.pdf R28 -SPRFMO, 2016b. Conservation and Management Measure CMM 4.09 for minimising bycatch of seabirds in the SPRFMO Convention Area. March 2016. 9 pp. https://www.sprfmo.int/assets/Fisheries/Conservation-and-Management-Measures/CMM-4.09- Seabirds-2016-4Mar2016.pdf

R29 - SPRFMO, 2016c. Conservation and Management Measure CMM 4.02 on Standards for the Collection, Reporting, Verification and Exchange of Data. March 2016. 43 pp. https://www.sprfmo.int/assets/Fisheries/Conservation-and-Management-Measures/CMM-4.02- Data-Standards-2016-4Mar2016.pdf R30 - Garcia, M., 2014. Overview of the fisheries and seabird bycatch in Chile. 2nd Meeting of the Scientific Committee, Honolulu, Hawaii, USA 1-7 October 2014. SC-02-19_rev1 https://www.sprfmo.int/assets/Scientific-Committee-2nd/SC-02-Papers/SC-02-19-rev1-Overview-of- the-fisheries-and-seabird-bycatch-in-Chile.pdf

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R31 - SPRFMO, 2013d. Information describing Chilean jack mackerel (Trachurus murphyi) fisheries relating to the South Pacific Regional Fishery Management Organisation, 1st Meeting of the Scientific Committee, La Jolla, United States of America, 21-27 October 2013, SC-01-23, Revisions to Jack Mackerel Species Profile, 42 pp. http://www.southpacificrfmo.org/assets/Scientific-Committee-1st-2/Plenary/SC-01-23-Revisions-to- Jack-Mackere-species-profile-a.pdf

R32 - SPRFMO, 2014b. Report of 2nd report of the Scientific Committee Meeting. Honolulu, Hawaii, USA, 1-7 October 2014. https://www.sprfmo.int/assets/Scientific-Committee-2nd/SC-02-Report/SC-02-Final-Report-21Oct- accepted.pdf

R33 - SPRFMO, 2016e. Conservation and Management Measure CMM 1.02 for Gillnets in the SPRFMO Convention Area. https://www.sprfmo.int/assets/Fisheries/Conservation-and-Management-Measures/CMM-1.02- Gillnetting-2013-4Mar2016.pdf

R34- SPRFMO, 2016f. Conservation and Management Measure CMM 4.03 for the Management of Bottom Fishing in the SPRFMO Convention Area. https://www.sprfmo.int/assets/Fisheries/Conservation-and-Management-Measures/CMM-4.03- Bottom-Fishing-2016-4Mar2016.pdf

R35 - SPRFMO, 2014c. 2nd Meeting of the Compliance and Technical Committee, Auckland, New Zealand: 30-31 January 2015. CTC-02-02 Assessment of Compliance of Members and CNCPs. https://www.sprfmo.int/assets/Commission-Meeting-3rd/CTC-02/CTC-02-02-Assessement-of- Compliance-of-Members-and-CNCPs.pdf

R36 - SPRFMO, 2015b. Third Meeting of the Commission of the South Pacific Regional Fisheries Management Organisation. Auckland, New Zealand 2–6 February 2015. Commission Report Annex E: Final IUU List. https://www.sprfmo.int/assets/Commission-Meeting-3rd/Final-reports/Annex-E-SPRFMO-Final-IUU- list-2015-rev1.pdf

R37 - SPRFMO, 2016a. 2016 IUU List - COMM-04 ANNEX J. 2 pp. https://www.sprfmo.int/assets/Meetings/Meetings-2013-plus/Commission-Meetings/4th- Commission-Meeting-2016-Valdivia-Chile/Final-Report-and-Annexes/Annex-J-2016-IUU-LIST.pdf

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