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CNL(12)11 External Performance Review

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CNL(12)11 External Performance Review CNL(12)11 External Performance Review Mr. Kjartan Hoydal, former Secretary of NEAFC Mr. Michael Shewchuk, DOALOS Ms. Judith Swan, FAO NORTH ATLANTIC SALMON CONSERVATION ORGANIZATION EXTERNAL PERFORMANCE REVIEW EXECUTIVE SUMMARY I. Introduction As stipulated in the Terms of Reference, the purpose of the external performance review was to assess the performance of NASCO since its establishment in 1984 against the objectives set out in the Convention and other relevant international instruments addressing the conservation and management of aquatic living resources. The review was to take into account the NASCO ‘Next Steps’ process, resolutions of the General Assembly on sustainable fisheries and the criteria attached as Annex 1 to the Terms of Reference, as appropriate (Appendix I). While the criteria provided guidance to the Panel in assessing the work of the Organization, some criterion were only marginally relevant. It was thus necessary in some instances to assess the work of the Organization against other generally accepted principles and examples of best practice in order to conduct a comprehensive and thorough performance review. II. Structure and content of the report With some variation, the structure of each chapter of the report consists of a background presentation, followed by analysis and recommendations. In addition to the Introduction and the Background and History, the report covers the NASCO ‘Next Steps’ Process, the Convention on the Conservation of Salmon in the North Atlantic Ocean, Conservation and Management, Compliance and Enforcement, Decision-making and Dispute Settlement, International Cooperation and Financial and Administrative Issues. For ease of reference, the recommendations have been presented in boxes in the chapters and listed in a compendium at the end of the report (Appendix II). III. Summary of the substance of the recommendations In terms of general comments, the Panel highlights the clear differences in the decisions taken by NASCO based on the rights and obligations in the Convention, which are aimed at controlling fisheries in areas beyond fisheries jurisdiction, and decisions and agreements made in the context of the ’Next Steps’ process. These differences are primarily due to the fact that the Convention was adopted in the early 1980’s. Since then, fisheries have changed on a global basis and in the North Atlantic and new international fisheries instruments, best practices and priorities have developed at all levels. The Panel commends the “Next Steps” process and the great efforts made by NASCO to address issues affecting all phases of the salmon life cycle, in the rivers, in estuaries and during the migration from natal waters to the feeding areas in areas beyond fisheries jurisdiction. Importantly, the process has also addressed external impacts, such as habitat destruction in the rivers, habitat restoration and the effect of aquaculture near salmon rivers, as well as the problem of sea lice. There is, however, an apparent imbalance and disconnect between the Convention-based decisions and the “soft law” measures that have been adopted in the context of the ‘Next Steps’ process, including in terms of their operation and effect, and in regard to monitoring, control, surveillance and enforcement. In the past decade, a number of RFMOs have taken steps to update and modernize their conventions, including in response to concerns expressed by the international community on the status of fish stocks and on the work of these organizations. Such a decision in NASCO could serve to correct this imbalance and provide it with the basis to agree on binding, Convention-based measures for all phases and all habitats in the life cycle of the North Atlantic salmon. Chapter 3 - NASCO ‘Next Steps’ Process In addressing the 'Next Steps' process, the Panel recommends a continuation of the process, within the framework of the Strategic Approach, which has provided a comprehensive framework for the work to be undertaken. In the next reporting cycle, the Parties should continue to implement the decisions and to address the issues identified in the Strategic Approach. It will be important for the second cycle to address areas identified in the first cycle of the ‘Next Steps’ process for additional action and consideration should be given to convening an FAR special session on this topic. The next cycle should focus on assessing the effectiveness of the measures taken by the Parties. Reporting on progress on the social and economic aspects of Atlantic salmon fisheries and on initiatives for endangered populations are also encouraged. In the long-term, the ‘Next Steps’ process should consider cross-cutting issues, such as climate change. Chapter 4 – Convention on the Conversation of Salmon in the North Atlantic Ocean The NASCO Convention was analysed and gaps in a wide range of areas were identified in view of the changed circumstances since its adoption. Because the Convention does not adequately reflect current applicable law and practice, it should be reviewed with a view to strengthening and modernizing the legal mandate of NASCO and the obligations of the Parties. In parallel, or as an alternative, other options should be considered for strengthening and modernization, such as agreement on a legally-binding protocol. The Panel offers an indicative framework of provisions in an updated instrument, as well as detailed analysis of each article of the Convention and subsequent recommendations for amendment. 2 The relevant principles expressed in the United Nations Fish Stocks Agreement and other instruments, including the Code of Conduct, should be expressly adopted in NASCO’s instruments and in the context of the ‘Next Steps’ process. The Council’s functions should be reviewed with a view to designating a more pro-active role suitable to addressing current areas of focus and cross-cutting issues and allowing for international relations with a broad range of relevant organizations. The decision-making authority of the Council, both binding and advisory, should be considered and clearly stated. Consideration should be given to empowering the Council to take decisions that are binding on the Parties, in the form of resolutions, protocols or other. The functions of WCG and NEAC should also be reviewed and updated and, to the extent necessary, harmonized with those of NAC and the Council. The considerations for the Commissions to take into account in exercising their functions should be reviewed, expanded and updated. Regulatory and other measures reflecting the best scientific advice should continue to be set and efforts should be encouraged to develop a risk framework for the Faroese fishery. The institutional structure of NASCO should otherwise be reviewed and amended, as appropriate, to include subsidiary bodies and the Secretariat. Consideration should be given to the adoption of rules relating to the establishment of NASCO subsidiary and ad hoc bodies. The functions of the Secretary should be reviewed, expanded and modernized. The duties of the Parties to implement the Convention and ensure compliance with it by their nationals should be reviewed and strengthened, particularly in the context of the current areas of focus of the Organization. To monitor possible IUU fishing, NASCO should consider enhancing cooperation with relevant RFMOs that already have in place MCS systems. Obligations of the Parties to provide information should be reviewed and updated, consistent with the recommendations of the ‘Next Steps’ Review Group and the Working Group on Future Reporting. Chapter 5 – Conservation and Management The review of conservation and management involved consideration of scientific and other assessments, which was difficult in light of the different approaches in NASCO with regard to fisheries for salmon in the various phases of its life cycle. The various sources of information on the state of salmon stocks also made the task difficult. Recommendations were made relating to, inter alia, information on the rivers database and other information that should be provided by the Parties, use of the precautionary approach, reporting by the Parties, progress towards achieving the international goals for sea lice and containment in aquaculture, introductions and transfers and transgenics, observer programs, Gyrodactylus salaris and issues and advice of ICES and WGNAS. 3 More specifically, NASCO should ensure that the precautionary approach is used across all impacts of human activity on the full life-cycle of salmon in rivers, estuaries, coastal areas and the open ocean. NASCO should also ensure that the WSSD-JPOI commitment to maintain or restore stocks to levels that can produce the maximum sustainable yield by 2015 is met. Sea mortality in coastal areas and estuaries should be covered to the same extent as high seas. ICES WGNAS should heed the advice given by the ICES Review Group to estimate post- smolt survival. The issues and recommendations raised by WGNAS in 2011 should also be addressed in 2012. Information in the river database should be compared with the annual ICES advice and habitat estimates. In future reporting, information should be provided by the Parties on the interplay between stock conservation needs and incorporation of social and economic factors in decision- making, for both single and mixed-stock fisheries. All Parties should report on issues relating to the management of salmon fisheries in a prompt and timely fashion. Further progress is needed in management, including in the protection
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