GAZETTE NOTICE NO. 3410

PURSUANT to section 31 of the Fisheries Management and Development Act, 2016, the Director-General of the Kenya Fisheries Service gives notice that Resolution 19/04 concerning the Indian Ocean Tuna Commission Record of Vessels Authorised to Operate in the Indian Ocean Tuna Commission area of competence, the text of which is set out in the Schedule, has been recognised by Kenya for purposes of the Act. SCHEDULE RESOLUTION 19/04 CONCERNING THE IOTC RECORD OF VESSELS AUTHORISED TO OPERATE IN THE IOTC AREA OF COMPETENCE Keywords: Authorised vessels; active vessels; auxiliary, supply and support vessels; IMO number; IUU fishing vessels. The Indian Ocean Tuna Commission (IOTC), RECALLING that IOTC has been taking various measures to prevent, deter and eliminate the IUU fisheries conducted by large-scale tuna fishing vessels; FURTHER RECALLING that IOTC adopted the Resolution 01/06 Concerning the IOTC Bigeye Tuna Statistical Document Programme at its 2001 meeting; FURTHER RECALLING that IOTC adopted the Resolution 01/02 [superseded by Resolution 13/02, then Resolution 14/04, then Resolution 15/04, then Resolution 19/04] Relating to control of fishing activities at its 2001 meeting; NOTING that large-scale fishing vessels are highly mobile and easily change fishing grounds from one ocean to another, and have high potential to operate in the IOTC area of competence without timely registration with the Commission; NOTING that supply or support vessels can increase the fishing capacity of purse seine vessels in an uncontrolled manner by setting fish aggregating devices [in areas closed to fishing]; RECALLING that the FAO Council adopted on 23 June 2001 an International Plan of Action aiming to prevent, to deter and to eliminate illegal, unregulated and unreported fishing (IPOA), that this plan stipulates that the regional fisheries management organisations should take action to strengthen and develop innovative ways, in conformity with international law, to prevent, deter and eliminate IUU fishing and in particular to establish records of vessels authorised and records of vessels engaged in IUU fishing; RECALLING that the IOTC Record of Authorised Vessels was established by the Commission on 1 July 2003, via Resolution 02/05 Concerning the establishment of an IOTC record of vessels authorised to operate in the 10TC area of competence [superseded by Resolution 05/02, then Resolution 07/02, then Resolution 13/02, then Resolution 14/04, then Resolution 15/04, then Resolution 19/04]; RECOGNISING the need to take further measures to effectively eliminate the IUU large scale tuna fishing vessels; ADOPTS, in accordance with paragraph 1 of Article IX of the IOTC Agreement, that: 1. The Commission shall maintain an IOTC Record of fishing vessels that are: (a) 24 metres in length overall or above; or (b) in case of vessels less than 24 meters, those operating in waters outside the Economic Exclusive Zone of the flag State; and that are authorised to fish for tuna and tuna-like species in the IOTC area of competence (hereinafter referred to as `authorised fishing vessels', or AFVs). 2. For the purpose of this Resolution, fishing vessels including auxiliary, supply and support vessels that are not entered in the IOTC Record are deemed not to be authorised to fish for, retain on board, tranship or land tuna and tuna-like species or supporting any fishing activity or set drifting fish aggregation devices (DFADs) in the IOTC area of competence. This provision shall not apply to vessels less than 24 m in length overall operating inside the EEZ of the flag State. 3. Each Contracting Party and Cooperating Non-Contracting Party (hereinafter referred to as "CPC") shall submit electronically, to the IOTC Executive Secretary for those vessels referred to 1(a) and for those vessels referred Dated the 28th April, 2020. DANIEL MUNGAI, Ag. Director-General, Kenya Fisheries Service.