20th Regular Session of the Technical and Compliance Committee: Full Annotated Agenda

The meeting will commence at 8:30am on Wednesday 25 September 2024.

TCC Chair, Mr Mat Kertesz (Australia) will open the Twentieth Regular Session of the Technical and Compliance Committee (TCC20) of the Western and Central Pacific Fisheries Commission (WCPFC) and welcome delegations of the WCPFC Members, Cooperating Non-Members and Participating Territories (CCMs) and Observers.

The Chair will present the Provisional Agenda for consideration and adoption. The Rules of Procedure provide that Members may propose supplementary agenda items until 30 days before the meeting (Rule 3).  The agenda, as modified, will need to be adopted by the meeting (Rule 5).

TCC20 will review the Indicative Schedule and consider logistical arrangements to support the meeting, including proposed meeting times, small working groups and any social events.

2024 marks the fourteenth year of implementation of the CMS.  CMM 2023-04 Conservation and Management Measure for the Compliance Monitoring Scheme will apply from 2024 – 2026.

TCC20 will review:

• the assessment of the 2024 Compliance Monitoring Report (CMR) covering reporting year (RY) 2023 using audit points adopted by the Commission, 
• the aggregate tables summarizing information in the WCPFC online compliance case file system (CCFS), and 
• (as a trial in 2024) reports from relevant CCMs on their progress to resolve certain individual obligation implementation gaps from the previous year.

TCC20 will develop a Provisional CMR for the previous reporting period (RY2023), considering any Capacity Development Plans developed pursuant to CMM 2023-04 paragraphs 16-18, and other information described in paragraph 28(ii), any additional information provided by CCMs, and, where appropriate, any additional information provided by non-government organizations or other organizations concerned with matters relevant to the implementation of the Convention. The provisional CMR will contain the following:

1. an executive summary,
2. a compliance status with respect to all applicable individual obligations as well as recommendations for any corrective action(s) needed by the CCM or action(s) to be taken by the Commission, based on potential compliance issues identified in respect of that CCM or collective group of CCMs, and using the criteria and considerations for assessing Compliance Status set out in Annex 1 of CMM 2023-04 ,   
3. tables including aggregated data (templates attached in Annex III to CMM 2023-04 ) relating to the information provided in paragraph 11 of CMM 2023-04 , including recommendations or observations from TCC in accordance with CMM 2023-04 , and
4. tables including reports by relevant CCMs on their progress to resolve certain individual obligation implementation gaps from the previous year/s, and TCC20 recommendations whether the previous year compliance status continues or if reporting now satisfies the audit point requirements. 

The scheme in paragraph 15 of CMM 2023-04 is intended to address the imbalance in observer coverage between the longline and purse seine fisheries in the compliance case file system (CCFS).  In support of the approach, the Secretariat is tasked in subparagraph (b) to develop and utilize, in consultation with the Scientific Services Provider (SSP), a scheme for randomly sampling observer-related cases from the online compliance case file system for the purse seine fishery on a trip basis designed to achieve the level of coverage in the CMR for ROP purse seine trips determined for the longline fishery by the SSP for the most recent year for which this data is available. 

The Secretariat will provide an update on this task, and TCC20 is invited to discuss and as appropriate, provide advice and recommendations in support of the future use of this scheme in the CMS.

At WCPFC20, the Commission requested CCMs to provide to the Secretariat information on the domestic statute of limitations, the allowable period to bring a prosecution, for various types of cases: fisheries offences and criminal offences (TCC19 Summary Report paragraph 170 (b)).  Noting that TCC has previously expressed a preference to address the issue of cases older than 24 months in the CCFS in a systematic way, TCC20 will consider the information provided by CCMs and provide advice and recommendations to WCPFC20.

Suggested way forward: With a view to supporting TCC20’s further consideration of the ongoing CCFS case matters, it is suggested that each flag CCM consider submitting into the  TCC20 Online Discussion Forum (ODF), summary information on their domestic statute of limitations, the allowable period to bring a prosecution, for various types of cases: fisheries offences and criminal offences.

TCC20 is tasked in CMM 2023-04 paragraph 6, to prepare a provisional list of obligations to be assessed in the following year’s CMS, using a risk-based approach as a possible guidance.  In completing this task, TCC20 may also provide advice and recommendations related to 

• additional audit points needed to inform next year’s CMS process, and
• the experience from this years trial streamlining approach which is intended to support tracking progress by CCMs to resolve their implementation gaps from previous year/s. 

The Commission has through the various CMS CMM’s committed to a multi-year workplan of tasks to enhance the CMS, with the aim of making it more efficient and effective by streamlining processes, including through the development of guidelines and operating procedures.  Paragraph 48 of CMM 2023-04 identifies a non-exhaustive list, which includes:

(i) explore investment in technology solutions to facilitate improvements to the CCFS.

(ii) the development of corrective actions to encourage and incentivise CCMs’ compliance with the Commission’s obligations, where non-compliance is identified.

(iii) the development of the guidelines for participation of observers in closed meetings of the Commission and its subsidiary bodies which consider the Compliance Monitoring Report.

At WCPFC20, the Commission has agreed to postpone the work on the development of corrective actions until sometime in the future (WCPFC20 Summary report paragraph 760). In accordance with paragraph 48 of CMM 2023-04 TCC20 will provide advice and recommendations related to workplan and resourcing requirements to facilitate the work of the Secretariat in support of future work to enhance the CMS. 

TCC20 will provide advice to the Commission related to CMMs that need revision to improve compliance and monitoring, including those where interpretation issues have been identified from the CMS process (CMM 2023-04 paragraph 40)

Update to be provided by the SP Albacore Roadmap Chair Mr. Moses Mataika (Fiji) which is leading the intersessional process to review CMM 2015-02 Conservation and Management Measure for South Pacific albacore

Based on WCPFC20 outcomes there are three matters that TCC20 is expected to consider:

• the development of audit points to support future reviews of the requirements for increased observer coverage in longline fisheries as set out in CMM 2023-01 Attachment 1, Table 3.
• A task from the Commission to provide recommendations regarding the type of vessels that should be allowed to deploy and service FADs in the WCPFC Convention Area (WCPFC20 Summary Report, paragraph 74), and
• An update from the FAD Management Options IWG Chair Mr Jamel James (FSM).

TCC20 may, as appropriate, provide advice and recommendations to the Commission to improve compliance and monitoring of this CMM.

Update to be provided by SC and TCC Chairs on the progress of developing a monitoring strategy for skipjack tuna for adoption at WCPFC21.

Update to be provided by New Zealand on the Informal Intersessional Process to review CMM 2018-03 Conservation and Management Measure to mitigate the impact of fishing for highly migratory fish stocks on seabirds

The Commission directed CCMs who utilize alternative measures to the prohibition on finning in paragraph 7 of CMM 2022-04, to provide detailed information on the implementation and monitoring of those alternative measures in advance of TCC20, as directed in paragraph 11 of CMM 2022-04. The Commission also encourages CCMs to report to TCC20 any enforcement difficulties that they encountered in the case of the alternative measures and how they have addressed risks such as monitoring at sea, species substitution, etc. The Commission tasks the Secretariat to compile information with regards to the application of the provisions in paragraphs 8 and 9 of CMM 2022-04. The information provided shall be used by TCC20 and WCPFC21 to review the implementation of alternative measures (WCPFC20 Summary Report, paragraph 713).

TCC20 is invited to review a proposal from the United States and Republic of Korea to amend CMM 2011-03 Conservation and Management Measure for Protection of Cetaceans from Purse Seine Fishing

Based on WCPFC20 outcomes there are two matters that TCC20 is expected to consider:

• How CCMs can monitor their vessels compliance with CMM 2018-05 15 (g) (WCPFC20 Summary Report, paragraph 754 (d))
• An update on the IWG-ROP intersessional activities.

Update to be provided by the ER and EM IWG Chair, Dr Shelton Harley.

Update to be provided by the TS-IWG Co-Chairs, Dr Alex Kahl (USA) and Mr Felix Ngwango (Vanuatu).

Based on WCPFC20 outcomes there are three matters that TCC20 is expected to consider:

• whether any amendments are required to VMS SSPs 7.2.4 to provide clearer language in relation to this reporting requirement (i.e. protocol for inspecting States to inspect ALCs/MTU of other CCMs vessels at sea, includes reporting requirements for inspecting States) (WCPFC20 Summary Report, paragraph 754(c)).
• ongoing work to enhance CCM’s and Secretariat’s practices to integrate and facilitate ongoing monitoring and compliance with CMM 2014-02, and 
• a routine update of the VMS Standard Operating Procedures to reflect the continual improvements made by the Secretariat to relevant WCPFC online systems and taking into consideration WCPFC20 outcomes.

TCC20 is to review CMM 2017-02 Port State Minimum Standards taking into account current Commission implementation of the measure, other RFMOs’ experience, the UN FAO’s Port State Measures and the Pacific Islands Forum Fisheries Agency regional PSM framework (TCC19 Summary Report, paragraph 332)

Update to be provided by the Secretariat on the progress to establish transhipment activity, observer reports, and carrier vessel data exchange arrangements with the following RFMOs: IATTC, IOTC, CCSBT, SPRFMO and NPFC (WCPFC20 Summary Report, paragraph 597)

The Secretariat requests that TCC20 also consider reviewing the WCPFC’s Rules for Data Protection, Access and Dissemination to check that they adequately supports relevant CCMs in their implementation of CMM 2017-02 Port State Minimum Standards (or its replacement) and/or the FAO Port State Measures Agreement.  

Based on WCPFC20 outcomes there is one matter that TCC20 is expected to consider:

• review the SciData requirements to capture turtle interaction reporting requirements under CMM 2018-04, paragraphs 5c and 7e (WCPFC20 Summary Report, paragraph 754 (e))

TCC20 will also consider relevant SC20 outcomes related to scientific data gaps and WCPFC’s Monitoring Programmes.

At the request of China, TCC20 is invited to review CMM 2006-08 Western and Central Pacific Fisheries Commission Boarding and Inspection Procedures, 

TCC20 is invited to review CMM 2021-04 Charter Notification Scheme, noting the expiry of the measure on 28 February 2025 unless renewed by the Commission.  

Consideration of the Special Requirements of Developing States pursuant to Part VIII of the Convention is a standing agenda item on the provisional agenda (see Rule 2(h) of the WCPFC Rules of Procedure). 

The TCC Workplan 2022-2024 contains a list of possible areas of support to build capacity of SIDS: TCC20 will consider relevant information and make recommendations to the Commission.

TCC20 will review requests for capacity development assistance from developing states and territories, that have been identified through annual reporting and the CMS, for inclusion into the WCPFC Strategic Investment Plan.

TCC is tasked, as a standing agenda item relating to the Special Requirements of Developing States, to review and assess the Commission’s implementation of, and compliance with, CMM 2013-06 Conservation and Management Measure on the criteria for the consideration of conservation and management proposals for the previous calendar year (WCPFC20 Summary Report, paragraph 754 (a)). 

At WCPFC19, the Commission approved the TCC18 recommendations to expand the annual VMS Security Audit, to include a more dynamic and continual assessment of the WCPFC information management systems and annual penetration testing of the WCPFC information management systems.  In 2023, TCC19 noted the Secretariat's plans to continue the ongoing, expanded security review work, which includes completing work on the development of an IT Systems Risk Register and conduct of routine penetration testing, and efforts to continue to improve the Secretariat's IT security score.  Updates will be provided by the Secretariat on the status of the WCPFC’s Information and Network Security Framework and provide advice and recommendations related to relevant workplan and resourcing requirements to facilitate the work of the Secretariat.

TCC20 is invited to discuss and provide advice and recommendations to FAC18 and the Commission on the resources required to support TCC20 outcomes, including tasks set out in the TCC Workplan for 2025 and subsequent years, taking into consideration the views of the Secretariat.

TCC20 will recommend a Technical and Compliance Committee Chair and Vice-Chair for election at WCPFC21. The TCC Chair and TCC Vice-Chair shall hold office for two years and shall be eligible for re-election.

TCC20 is invited to recommend that TCC21 be held on Wednesday 24th September – Tuesday 30th September 2025, and to confirm the venue is in Pohnpei, Federated States of Micronesia.