GAZETTE NOTICE NO. 3414

PURSUANT to section 31 of the Fisheries Management and Development Act, 2016, the Director-General of the Kenya Fisheries Service gives notice that Resolution 12/04 on the Conservation of Marine Turtles, the text of which is set out in the Schedule, has been recognised by Kenya for purposes of the Act. SCHEDULE RESOLUTION 12/04 ON THE CONSERVATION OF MARINE TURTLES The Indian Ocean Tuna Commission (IOTC), RECALLING Recommendation 05/08 [superseded by Resolution 12/04] On Sea Turtles and Resolution 09/06 [superseded by Resolution 12/04] On Marine Turtles; FURTHER RECALLING that marine turtles, including all species in the family Cheloniidae and Dermochelys coriacea (leatherback turtles) are listed in Appendix I of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) and that all species of marine turtles are listed on Appendix I or II of Convention on the Conservation of Migratory Species of Wild Animals; AWARE that the populations of the six species of marine turtles under the Memorandum of Understanding on the Conservation and Management of Marine Turtles and their Habitats of the Indian Ocean and South-East Asia (IOSEA MoU) are listed as Vulnerable, Endangered or Critically endangered on the International Union for the Conservation of Nature (IUCN) Red List of Threatened Species; RECOGNISING that the 26th FAO—COFI Session in March, 2005 adopted the Guidelines to Reduce Sea Turtle Mortality in Fishing Operations (hereinafter referred to as "the FAO Guidelines") and recommended their implementation by regional fisheries bodies and management organisations; RECOGNISING that some fishing operations carried out in the Indian Ocean can adversely impact marine turtles and the need to implement measures to manage the adverse effects of fishing in the Indian Ocean on marine turtles; ACKNOWLEDGING the activities undertaken to conserve marine turtles and the habitats on which they depend within the framework of the IOSEA MoU in particular its Resolution to Promote the Use of Marine Turtle Bycatch Reduction Measures by IOSEA Signatory States adopted by the Fifth Meeting of the Signatory States; NOTING the IOTC Scientific Committee's concern that the lack of data from Contracting Parties and Cooperating Non- Contracting Parties (CPCs) on the interactions and mortality of marine turtles from fisheries under the mandate of the IOTC undermines the ability to estimate levels of marine turtle bycatch and consequently IOTC's capacity to respond and manage adverse effects of fishing on marine turtles; FURTHER NOTING the IOTC Scientific Committee's concern that the expansion of gillnet fishing from traditional fishing grounds into high seas might increase the interaction with marine turtles and lead to increased mortality; CONVINCED of the need to strengthen Resolution 09/06 [superseded by Resolution 12/04] On Marine Turtles to ensure that the Resolution applies equally to all marine turtle species and that CPCs annually report all interactions and mortalities of marine turtles in fisheries under the mandate of the IOTC; ADOPTS in accordance with paragraph 1 of Article IX of the IOTC Agreement, that: 1. This Resolution shall apply to all fishing vessels on the IOTC Record of Fishing Vessels. 2. Contracting Parties and Cooperating Non-Contracting Parties (hereinafter referred to as "CPCs") will implement, as appropriate, the FAO Guidelines. 3. CPCs shall collect (including through logbooks and observer programs) and provide to the IOTC Secretariat no later than 30 June of the following year in accordance with Resolution 10/02 [superseded by Resolution 15/02] (or any subsequent revision), all data on their vessels' interactions with marine turtles. The data shall include the level of logbook or observer coverage and an estimation of total mortality of marine turtles incidentally caught in their fisheries. 4. CPCs shall report to the IOTC Scientific Committee information on successful mitigation measures and other impacts on marine turtles in the IOTC area, such as the deterioration of nesting sites and swallowing of marine debris. 5. CPCs shall report to the Commission in the annual implementation report, in accordance with Article X of the IOTC Agreement, their progress of implementation of the FAO Guidelines and this Resolution. 6. CPCs shall require fishermen on vessels targeting species covered by the IOTC Agreement to bring aboard, if practicable, any captured marine turtle that is comatose or inactive as soon as possible and foster its recovery, including aiding in its resuscitation, before safely returning it to the water. CPCs shall ensure that fishermen are aware of and use proper mitigation, identification, handling and de- hooking techniques and keep on board all necessary equipment for the release of marine turtles, in accordance with handling guidelines in the IOTC Marine Turtle Identification Cards. 7. CPCs with gillnet vessels that fish for species covered by the IOTC Agreement shall: (a) require that operators of such vessels record all incidents involving marine turtles during fishing operations in their logbooks 1 and report such incidents to the appropriate authorities of the CPC. 8. CPCs with longline vessels that fish for species covered by the IOTC Agreement shall: (a) ensure that the operators of all longline vessels carry line cutters and de-hookers in order to facilitate the appropriate handling and prompt release of marine turtles caught or entangled, and that they do so in accordance with IOTC Guidelines. CPCs shall also ensure that operators of such vessels follow the handling guidelines in the IOTC Marine Turtle Identification Cards; (b) where appropriate, encourage the use of whole finfish bait; (c) require that operators of such vessels record all incidents involving marine turtles during fishing operations in their logbooks2 and report such incidents to the appropriate authorities of the CPC. 9. CPCs with purse seine vessels that fish for species covered by the IOTC Agreement shall: (a) ensure that operators of such vessels, while fishing in the IOTC area: (i) to the extent practicable, avoid encirclement of marine turtles, and if a marine turtle is encircled or entangled, take practicable measures to safely release the turtle in accordance with the handling guidelines in the IOTC Marine Turtle Identification Cards; (ii) to the extent practicable, release all marine turtles observed entangled in fish aggregating devices (FADs) or other fishing gear; (iii) if a marine turtle is entangled in the net, stop net roll as soon as the turtle comes out of the water; disentangle the turtle without injuring it before resuming the net roll; and to the extent practicable, assist the recovery of the turtle before returning it to the water; (iv) carry and employ dip nets, when appropriate, to handle marine turtles. (b) encourage such vessels to adopt FAD designs that reduce the incidence of entanglement of marine turtles according to international standards; (c) require that operators of such vessels record all incidents involving marine turtles during fishing operations in their logbooks3 and report such incidents to the appropriate authorities of the CPC. 10. All CPCs are requested to: (a) Where appropriate undertake research trials of circle hooks, use of whole finfish for bait, alternative FAD designs, alternative handling techniques, gillnet design and fishing practices and other mitigation methods which may improve the mitigation of adverse effects on marine turtles; (b) Report the results of these trials to the IOTC Scientific Committee, at least 30 days in advance of the annual meetings of the Scientific Committee. 11. The IOTC Scientific Committee shall request the IOTC Working Party on Ecosystems and Bycatch to: (a) Develop recommendations on appropriate mitigation measures for gillnet, longline and purse seine fisheries in the IOTC area; (b) Develop regional standards covering data collection, data exchange and training; (c) Develop improved FAD designs to reduce the incidence of entanglement of marine turtles, including the use of biodegradable materials. The recommendations of the IOTC Working Party on Ecosystems and Bycatch shall be provided to the IOTC Scientific Committee for consideration at its annual session in 2012. In developing its recommendations, the IOTC Working Party on Ecosystems and Bycatch shall examine and take into account the information provided by CPCs in accordance with paragraph 10 of this measure, other research available on the effectiveness of various mitigation methods in the IOTC area, mitigation measures and guidelines adopted by other relevant organizations and, in particular, those of the Western and Central Pacific Fisheries Commission. The IOTC Working Party on Ecosystems and Bycatch will specifically consider the effects of circle hooks on target species catch rates, marine turtle mortalities and other bycatch species. 12. At its annual session in 2013 the Commission shall consider the recommendations of the IOTC Scientific Committee, together with socio-economic considerations, with a view to adopting further measures to mitigate interactions with marine turtles in fisheries covered by the IOTC Agreement. 13. In researching new mitigation methods, consideration should be given to ensuring that methods do not cause greater harm than they prevent and do not adversely impact other species (particularly threatened species) and/or the environment. 14. CPCs are encouraged to collaborate with the IOSEA and take into account the IOSEA MoU including the provisions of the Conservation and Management Plan in the implementation of bycatch mitigation measures for marine turtles. 15. The IOTC and IOSEA secretariats are encouraged to intensify their collaboration and exchange of information on marine turtle issues in accordance with the protocols agreed by the Commission. 16. CPCs are encouraged to support developing countries in their implementation of the FAO Guidelines and this Resolution. 17. The IOTC Scientific Committee shall annually review the information reported by CPCs pursuant to this measure and, as necessary, provide recommendations to the Commission on ways to strengthen efforts to reduce marine turtle interactions with IOTC fisheries. 18. This Resolution supersedes Recommendation 05/08 On Sea Turtles and Resolution 09/06 On Marine Turtles. Conservation and Management Measures linked to Resolution 12/04 or return to the Table of Contents Links from within this CMM Links from other CMMs Resolution 15/02 Resolution 16/06 Resolution 19/02 Dated the 28th April, 2020. DANIEL MUNGAI, Ag. Director-General, Kenya Fisheries Service. 8th May, 2020