GAZETTE NOTICE NO. 3411

PURSUANT to section 31 of the Fisheries Management and Development Act, 2016, the Director-General of the Kenya Fisheries Service gives notice that Resolution 12/09 on the Conservation of Thresher Sharks (Family Alopiidae) caught in association with fisheries in the IOTC area of competence, the text of which is set out in the Schedule, has been recognised by Kenya for purposes of the Act. SCHEDULE CONSERVATION OF THRESHER SHARKS (FAMILY ALOPIIDAE) CAUGHT IN ASSOCIATION WITH FISHERIES IN THE IOTC AREA OF COMPETENCE The Indian Ocean Tuna Commission (IOTC), RECALLING that the IOTC Resolution 05/05 [superseded by Resolution 17/05] concerning the conservation of sharks caught in association with fisheries managed by 10TC; CONSIDERING that thresher sharks of the family Alopiidae are caught as bycatch in the IOTC area of competence; NOTING that at its 2009 meeting, the IOTC Working Party on Ecosystems and Bycatch recognised that full stock assessments on sharks may not be possible because of data limitations and that it is essential that some stock assessment evaluation should be carried out; NOTING that the international scientific community points out that the Bigeye thresher shark (Alopias superciliosus) is particularly endangered and vulnerable; CONSIDERING that it is difficult to differentiate between the various species of thresher sharks without taking them onboard and that such action might jeopardise the survival of the captured individuals; ADOPTS, in accordance with the provisions of Article IX, paragraph 1 of the IOTC Agreement, the following: 1. This measure shall apply to all fishing vessels on the IOTC Record of Authorised Vessels. 2. Fishing Vessels flying the flag of an IOTC Member or Cooperating Non-Contracting Party (CPCs) are prohibited from retaining on board, transhipping, landing, storing, selling or offering for sale any part or whole carcass of thresher sharks of all the species of the family Alopiidae, with the exception of paragraph 7. CPCs shall require vessels flying their flag to promptly release unharmed, to the extent practicable, thresher sharks when brought along side for taking on board the vessel. 4 CPCs shall encourage their fishers to record and report incidental catches as well as live releases. These data will be then kept at the IOTC Secretariat. 5. Recreational and sport fishing shall release alive all caught animals of thresher sharks of all the species of the family Alopiidae. In no circumstances specimen shall be retained on board, transhipped, landed, stored, sold or offered for sale. The CPCs shall ensure that both recreational and sport fishermen carrying out fishing with high risk of catching thresher sharks are equipped with instruments suitable to release alive the animals. 6 CPCs shall, where possible, implement research on sharks of the species Alopias spp, in the Convention area in order to identify potential nursery areas. Based on this research, CPCs shall consider additional management measures, as appropriate. 7. Scientific observers shall be allowed to collect biological samples (vertebrae, tissues, reproductive tracts, stomachs, skin samples, spiral valves, jaws, whole and skeletonised specimens for taxonomic works and museum collections) from thresher sharks that are dead at haulback, provided that the samples are part of the research project approved by the IOTC Scientific Committee (or IOTC Working Party on Ecosystems and Bycatch (WPEB)). In order to obtain the approval, a detailed document outlining the purpose of the work, number and type of samples intended to be collected and the spatio-temporal distribution of the sampling work must be included in the proposal. Annual progress of the work and a final report on completion of the project shall be presented to the IOTC WPEB and the IOTC Scientific Committee. 8. The Contracting Parties, Cooperating Non-Contracting Parties, especially those directing fishing activities for sharks, shall submit data for sharks, as required by IOTC data reporting procedures. 9. This Resolution supersedes Resolution 10/12 On the Conservation of Thresher Sharks (Family Alopiidae) Caught in Association with Fisheries in the IOTC Area of Competence. Conservation and Management Measures linked to Resolution 12/091 or return to the Table of Contents Links from within this CMM Links from other CMMs Resolution 17/05 None Dated the 28th April, 2020. DANIEL MUNGAI, Ag. Director-General, Kenya Fisheries Service.