GAZETTE NOTICE NO. 3406

PURSUANT to section 31 of the Fisheries Management and Development Act, 2016, the Director-General of the Kenya Fisheries Service gives notice that Resolution 17/07 on the Prohibition to Use Large-Scale Driftnets in the Indian Ocean Tuna Commission Area of competence, the text of which is set out in the Schedule, has been recognized by Kenya for purposes of the Act. SCHEDULE RESOLUTION 12/12 TO PROHIBIT THE USE OF LARGE-SCALE DRIFTNETS ON THE HIGH SEAS IN THE IOTC AREA (Resolution 12/12 remains binding on Pakistan) The Indian Ocean Tuna Commission (IOTC), RECALLING that the United Nations General Assembly (UNGA) Resolution 46/215 calls for a global moratorium on large-scale high seas driftnet fishing; NOTING that a number of vessels continue to engage in large- scale high seas driftnet fishing in the Indian Ocean area (IOTC area of competence); MINDFUL that any vessel fishing with large-scale driftnets on the high seas in the IOTC area of competence, or configured to conduct large-scale high seas driftnet operations, has the capacity to take species of concern to the IOTC and is likely to undermine the effectiveness of IOTC Conservation and Management Measures; NOTING with concern that recent information indicates that such vessels are interacting more frequently with highly migratory species, such as tunas, swordfish, sharks, and other species covered by the IOTC Agreement; and that associated "ghost fishing" by lost or discarded driftnets have serious detrimental effects on these species of concern and the marine environment; ADOPTS in accordance with paragraph 1 of Article IX of the IOTC Agreement, that: 1. The use of large-scale driftnets 1 on the high seas within the IOTC area of competence shall be prohibited. 2. Each Contracting Party and Cooperating Non-Contracting party (hereinafter referred to as CPCs) shall take all measures necessary to prohibit their fishing vessels from using large-scale driftnets while on the high seas in the IOTC area of competence. 3. A CPC-flagged fishing vessel will be presumed to have used large-scale driftnets on the high seas in the IOTC area of competence if it is found operating on the high seas in the IOTC area of competence and is configured2 to use large-scale driftnets. 4. Paragraph 3 shall not apply to a CPC-flagged vessel duly authorised to use large-scale driftnets in their EEZs. While on the high seas in the IOTC area of competence all of such driftnets and related fishing equipment shall be stowed or secured in such a manner that they are not readily available to be used for fishing. 5. CPCs shall include in their Annual Reports a summary of monitoring, control, and surveillance actions related to large-scale driftnet fishing on the high seas in the IOTC area of competence. 6. The IOTC shall periodically assess whether additional measures should be adopted and implemented to ensure that large- scale driftnets are not used on the high seas in the IOTC area of competence. The first such assessment shall take place in 2013. 7. Nothing in this measure shall prevent CPCs from applying more stringent measures to regulate the use of large- scale driftnets. 8. This Resolution supersedes Resolution 09/05 to prohibit the use of large-scale driftnets on the high seas in the IOTC area. 1. "Large-scale driftnets" are defined as gillnets or other nets or a combination of nets that are more than 2.5 kilometers in length whose purpose is to enmesh, entrap, or entangle fish by drifting on the surface of, or in, the water column. 2 "Configured" to use large-scale drift-nets means having on board assembled gear that collectively would allow the vessel to deploy and retrieve large-scale driftnets. Dated the 28th April, 2020. DANIEL MUNGAI, Ag. Director-General, Kenya Fisheries Service.