Provisions for the Joint NAMMCO Control Scheme for the Hunting of Marine Mammals

Provisions for the Joint NAMMCO Control Scheme for the Hunting Of Marine Mammals (1996)

Note: see specially the Agreement on Cooperation in Research, Conservation and Management of Marine Mammals in the North Atlantic (1992). See also other marine mammals agreements, such as the Convention for the Conservation of Antarctic Seals (1972) and the Convention on Conservation of North Pacific Fur Seals (1956).

A.1 Introduction

The national inspection schemes include national inspectors who either

i) remain permanently on board whaling vessels or at landing/receiving places during the hunting season, or
ii) carry out random control of hunting vessels and landing/receiving places,

or a combination of i) and ii).

the aim of these regulations is to establish a standard of common elements which shall be a minimum requirement in the random control included in national inspection schemes. In addition to these elements, the individual member countries may include new elements as considered appropriate in relation to national laws and regulations for their specific whaling activities.

The national authorities decide the extent of inspection within their own jurisdiction.

A-22 Near-coast whaling operations

A.2.0 In these provisions, “near-coast whaling operations” is defined as whaling from vessels which bring their catch fresh to land.

A.2.1 The relevant authorities in each NAMMCO member country (hereafter called I “the national authorities”) design and publish a whaling logbook. The captain on board vessels equipped to carry out whaling must keep the logbook continually updated during the hunting season. A minimum requirement for the whaling logbook is that it includes the information listed in Appendix 1- Items for inclusion in whaling logbooks.

A.2.2 The national authorities develop and implement regulations for the electronic transmission of information to enable the controlling authorities to ascertain the vessel’s position etc.

The regulations shall require the following types of reports:

i) Report of commencement of activity – report on time and place when leaving port or when weighing anchor
ii) Report of catch – report on the time and position of the catch and subsequent treatment of catch (i.e. flensing).
iii) Report of termination of activity – report on time and place when arriving at port or when anchoring

A.2.3 The national authorities implement an arrangement whereby national inspectors carry out random checks on whaling vessels and at landing/receiving places. The national authorities compile a set of provisions for this arrangement which specify requirements for the inspectors’ qualifications and competence, duties, rights, etc.

A.2.4 One of the duties of the inspectors, as required by the national authorities, (cf. item A.2.3), shall be to examine the whaling logbook in order to check whether it has been filled in correctly, and in general to control that national regulations have been followed.

Inspectors shall

i) draw attention to violations of regulations on board whaling vessels or at landing/receiving places, and in these instances demand changes according to the regulations in effect;
ii) collect samples and record data in accordance with national and international requirements;
iii) report to their national authorities, and
iv) have access to the logbooks of the vessel and the right to communicate with the national authorities through the communication equipment of the vessel.

The national authorities develop a reporting form for use by the inspectors.

A.2.5 The national authorities develop and implement regulations for storage of the catch on board a vessel. Meat, blubber and mattak (hide, including a thin layer of blubber) from individual animals caught must be stored on board separately from other catches. Separation of these parts shall occur within a minimum of six hours after the catch report is made. 1 A-33 Off-coast whaling operations A.3.0 In these provisions, “off-coast whaling operations” is defined as whaling where the whale is flensed on board vessels which arc equipped to handle and store meat and blubber either frozen or chilled with ice, or preserved by other means, in connection with transport/storage. A.3.1 The requirements referred to under A.2.1 and A.2.3 – A 2.5 also apply to off coast whaling operations. A.3.2 The national authorities develop and implement regulations for the electronic transmission of information to enable the controlling authorities to ascertain the vessel’s position etc. The regulations shall require the following types of reports: i) Report of commencement of activity – report on time and place when leaving port or when weighing anchor ii) Report of position – regular daily report on position. iii) Report of catch – report on the time and position of the catch, and subsequent treatment of catch (i.e. flensing). iv) Report of termination of activity – report on time and place when arriving at port or when anchoring A.3.3 On board all vessels conducting off-coast whaling operations, an instrument must be installed for recording the specific activities during whaling, which can then be monitored after the return to port. SECTION 13 INTERNATIONAL OBSERVATION SCHEME B.1 Introduction The purpose of establishing an international observation scheme among NAMMCO member countries is to provide a mechanism for NAMMCO to monitor whether decisions made by the Commission are respected. For this purpose, NAMMCO appoints observers who oversee hunting and inspection activities in NAMMCO member countries. B-2 Duties and competence B.2.1 Observers are responsible for overseeing hunting activities and for observing whether or not these are carried out in accordance with decisions made through NAMMCO and national regulations. The observers are required to make a report of their observations to NAMMCO. Observers have no authority of jurisdiction, and consequently cannot intervene in the hunting, or other activities connected with the hunting. Observations can take place on board a vessel, or on shore, in connection with flensing, storage and landing/delivering of the catch. B.2.2 The observer shall be allowed to check licences and relevant certificates, logbooks/whaling logbooks, all rooms on board or on land, hunting equipment, and communication equipment, etc., which are relevant for his/her work. B.2.3 The observer shall report any violation of the regulations in a given area, and as soon as possible, send a report of such to the Secretariat, with a copy to the authorities in the country in question, as well as to the owners of the vessel. The captain, those in possession of the licence, and, if present, the inspector, shall be given the opportunity in a special paragraph of the report, to record their comments. B.2.4 The observer shall prepare a report of the observations made, and send it to the Secretariat, with a copy to the authorities of the country in which the observations have taken place. B.2.5 The Secretariat prepares an annual report of the observation scheme, in which the implementation of the scheme is described, for the review of the Management Committee. The document shall include reports of any violations, as well as other relevant comments. B.2.G The observer shall carry out his/her duties on the basis of guidelines adopted by the Management Committee. B.2.7 The observers are responsible to NAMMCO, and can neither seek nor receive instructions from any other person or authority. B.2.8 An observer shall only in exceptional circumstances be appointed to observe in the country – or on a vessel registered in the country – of which he or she is resident (see item 13.3). 8-33 Appointment of observers B.3.1 Observers are appointed by the Management Committee for one year at a time. Appointments are made through a procedure that ensures member countries the opportunity both to nominate candidates as well as to oppose the appointment of candidates. NAMMCO can invite non-member countries to nominate candidates. The Management Committee draws up specific guidelines for appointing observers and for making reservations. B.3.2 Neither the owner or the captain of a vessel, nor the owner or the manager of a landing/receiving place that is to be observed, can oppose observation by a person appointed by NAMMCO according to guidelines referred to in B.3.1. B.4 Qualifications, etc. B.4.1 The Management Committee compiles guidelines for requirements for the competence, training, etc., of observers. 13.4.2 As a general rule, observers must have at least the same level of professional competence as that required of inspectors in the country where the observations are to take place. In special circumstances, exemption from this requirement can be given. B.4.3 For safety reasons, the language competency of observers must be taken into consideration. An observer on board a hunting vessel must be able to communicate spontaneously with the crew. For communication on land, a translator may be used. 8-55 Scope of activities 13.5.1 The Management Committee identifies annually priorities for the scope of observation activities for the coming year, within the bud-get adopted by the Council. The Secretariat is responsible for the practical administration and coordination of these activities. B.5.2 The International Observation Scheme is administered by the Secretariat, in accordance with guidelines set down by the Management Committee. B-GG Integrity The authorities in the country where observations take place shall take appropriate measures to ensure the safety, freedom and dignity of the observer, and shall, in addition, be of assistance in both word and deed, so that the duties of the observer can be carried out properly and efficiently. B.7 Costs Costs in connection with the activities of NAMMCO observers are covered by the NAMMCO budget in cases where different arrangements have not been agreed by NAMMCO and the country which sends the observer. The Management Committee may give guidelines for such arrangements. SECTION C IMPLEMENTATION It is the intention of the member countries of NAMMCO to implement the Scheme or parts thereof at the beginning of the hunting season in 1997. For this purpose further work will be undertaken by the Management Committee on necessary guidelines. Item A.3.3 will be put into effect when the instrument referred to is tested and approved by the national authorities concerned. APPENDIX 1 ITEMS FOR INCLUSION IN WHALING LOGBOOKS I Vessel, whaling equipment and formalities 1 Registration number of the vessel 2 Call sign. 3 Name of captain/licence holder 4 Name of gunner(s) 5 Number of licence 6 Caliber of harpoon gun 7 Type of grenade used 8 Caliber of rifle 9 Number of grenades and propellant charges (and their serial numbers) on board at end of last whaling trip 10 Number of grenades and propellant charges (and their serial numbers) taken on board in connection with present whaling trip 11 Number of grenades and propellant charges (and their serial numbers) on board at end of present whaling trip II Activities 1 Port of departure 2 Date and time of departure from port or weighing anchor 3 Port of landing or position of anchoring 4 Time catch landed 5 Location catch landed III The hunt I Species hunted 2 No. of whales caught in the season 3 Time hunt commenced (species to be reported) 4 Time first harpoon fired 5 Number of harpoons fired 6 Number of hits 7 Time of catch 8 Position of catch 9 Caug1100,st 10 Location of flensing (flensing site) IV Research data I Estimated time-to-death 2 Length 3 Sex 4 Foetus 5 Time search started 6 Time of first sighting of whale (species to be reported) 7 Position of sighting 8 Number of whales and groups of wha
les sighted (species to be reported) 9 Samples taken V Other I Comments 2 Date and signature (captain) APPENDIX 2 GUIDELINES TO SECTION B – INTERNATIONAL OBSERVATION SCHEME – OFTHE JOINT NAMMCO CONTROL SCHEME FOR THE HUNTING OF MARINE MAMMALS AD B.2.G – DUTIES AND TASKS OF THE OBSERVER 1. According to article B.2.1 of the Joint NAMMCO Control Scheme, the observer is responsible for the observation of marine mammal hunting activities in NAMMCO member countries. The observer shall control whether these activities are carried out in accordance with decisions made by NAMMCO and relevant national regulations. Control objects’ 2. In connection with observation of whale hunting with harpoon guns in which the catch is taken to land and flensed/processed at a permanent installation, the observation shall, if it has not been carried out on board, take place at the (flensing site. To the extent that such are required by regulation, the following shall, where possible, also be observed: i) Hunting permit 2 ii) Vessels’ logbook iii) Whaling logbook/report of catch (cf. Control Scheme, art. A.2.1 & art. A.3.1). The observer checks whether it has been kept correctly. In connection with controlling the number of whales on board in relation to the records of tile logbook in off-coast whaling operations, where the products are stowed on ice or frozen on board, the observer shall only be concerned with those products which are kept separately according to the provisions set out in the Control Scheme, art. A.3.1, cf. art. A.2.5. The entire catch is controlled according to point 4 of these guidelines.3 iv) Hunting equipment and its use4 v) Hunting procedures vi) Killing methods 3. In connection with observation of hunting or flensing of whales and seals not covered by point 2 of these guidelines, the observer shall, to the extent that such are required by regulation, control the following 5 ________________________________________________________ ‘ Observation activities can be carried out in four areas: 1) observation of whaling carried out with the use of a harpoon gun or of flensing of whales taken with a harpoon gun; 2) observation of sealing or forms of whaling other than with harpoon guns, or the flensing of animals from such hunting; 3) observation of the landing/delivery of marine mammal catches; and 4) observation of national marine mammal inspection activities. 2 The term “hunting permit” refers to the permit which in some countries is issued as proof of the vessel’s authorisation for hunting. The term also includes any licences and certificates of training require(] to hunt marine mammals. 3 According to article A.2.5 of the Control Scheme, meat from individual whales shall be kept separate for at least six hours after the catch has been reported. When individual animals are no longer stored separately. observation is not relevant, as the number of whales caught can no longer be accurately determined. Control of catches chilled and stowed on board, will occur upon landing (as described in point 4 of these guidelines). 4 The term “hunting equipment” covers all equipment that is directly connected to the hunting or the flensing process. 5 This point refers to all other fortes of marine mammal hunting besides whaling with harpoon i) Hunting permit ii) Whaling logbook/report of catch iii) Hunting equipment and its use iv) Hunting procedures v) Killing methods 4. If the observation cannot be carried out during hunting or flensing, it may be done in connection with the delivery of catch, which is understood to be the physical and legal transfer to a third party. In this connection the items mentioned under 2 and 3 above, as well as documents necessary for the sale and production of the catch, can be controlled.6 5. In cases where a national inspector is also present during hunting activities, the observer shall report whether the national inspection is carried out in accordance with existing regulations. Reports7 6. No later than one month after the end of the employment period the observer must submit a report on activities (cf. the Control Scheme art 13.2.4). The report shall be sent to tile NAMMCO Secretariat (hereafter called “the Secretariat”) on a NAMMCO observer report form. The language of the report shall be either English or a Scandinavian language. 7. In case of infringements of regulations, the observer shall send a written report on the specified form as soon as possible to the Secretariat, with a copy to relevant authorities in the flag state and to the owner of the vessel (cf. the Control Scheme art. B.2.3). The report shall contain all relevant information regarding the nature of the infringement, including date, _______________________________________________ guns, such as the hunting of pilot whales and other small whale species, and all forms of sealing, whether opportunistic near-coast hunting or Norwegian sealing in the West and East Ice. 6 Observation should take place at one or more of the following stages: 1) On board the hunting vessel; 2) in connection with flensing, whether this takes place at a permanent flensing place or elsewhere; 3) in connection with delivery of the catch (both in physical and legal terms). Once the catch is delivered, the observer will be precluded from further control. By both physical and legal delivery of the catch is meant that observation can take place as long as it is practically possible, and even if, for example, the catch has been sold while still on a vessel. Once the catch is sold and delivered to the buyer, observation shall no longer take place. 7 It is at all times the responsibility of the authorities in the observed country to assess and act on any reports of infringements. In cases where regulations are broken by accident and where the infringement is reported correctly and at once, there will in general be no basis for the observer to prepare a specific report on the occurrence, although reference should be made to it in the general observation report. position at the time of violation, which regulations have been violated, and how the infringement occurred. The captain, the licence holder and the national inspector shall have the opportunity of making their own remarks to the report. 8. In cases where a national inspector is not present, and where an infringement involves the catch of a protected species/stock, the exceeding of a quota, hunting in restricted areas, hunting without a license where such is a requirement for hunting, or the use of unauthorized equipment, the observer shall at once inform the control authorities of the flag state through tile Secretariat. General conduct of observers 9. During the exercise of their duties, observers shall conduct themselves with appropriate tact and respect. Upon arrival at a vessel, a landing/receiving station or other place where observation duties are carried out, tile observer shall always display his/her authorization and identification card to the person in charge. Confidentiality 10. Observers shall ensure the confidentiality of their duties and shall not report on observations carried out under the NAMMCO Control Scheme to any other parties than the Secretariat or those institutions determined by the Secretariat (see also point 6-8 of these guidelines). AD B.3.1 – APPOINTMENT OF OBSERVERS 11. Member countries develop a list of candidates for the following year and send it to the Secretariat by 15 November. The list shall include information on the qualifications of the candidates. The Secretariat circulates a combined list of suggested candidates to member countries for approval. In the event that a member country wishes to make a reservation to any candidate, this must be done before 15 December.8 The Secretariat then circulates the list of candidates approved by all member countries to the Management Committee for appointment. AD B.4.1 – COMPETENCE, TRAINING FTC. OF OBSERVERS 12. The requirements for the professional and linguistic qualifications of the observers are set out in the Control Scheme, articles 13.4.2 & B.4.3. If, due to special circumstances, a member country wishes to make use of the exemption clause unde
r article B.4.2, priority shall nevertheless be given to the following qualifications: experience with similar inspection activities, hunting experience, with administration of hunting and biological studies, with an emphasis on the killing of animals and/or management.9 13. In order to ensure that the persons appointed as observers are sufficiently informed about the relevant hunting regulations and the duties of national inspectors, observers shall participate in whatever annual training courses are compulsory for inspectors in the flag state. If such courses arc not held, or if the observer is unable for other reasons to participate in such ___________________________________________________________ 8 It is understood that a reservation to the appointment or a particular candidate is a reservation to his/her appointment as a NAMMCO observer in any area of activity. 9 As the duties of national inspectors vary from member country to member country due to the differences in the-activities which they control, it is expected that the exemption clause in Control Scheme art. B.4.2 will be applied to some extent. The notes to the Control Scheme outline which areas of competence are considered most important in relation to the application of art. B.4.2. To this has also been added biological studies, with an emphasis on the killing of animals and/or management. courses, the observer must receive other relevant training, developed in cooperation between the authorities of the flag state and the Secretariat. AD B.5.2 – ADMINISTRATION OR INTERNATIONAL OBSERVATION SCHEME Plans for observation and activities 14. By October each year the Secretariat develops a proposal for the Management Committee for the scope and range of observation activities during the following year in accordance with budgeted funds for these activities. The Management Committee shall approve this proposal and appoint the observers by I January. The Secretariat, in cooperation with control authorities in respective member countries, then develops a specific plan for observation activities. The plan shall, among other things, define the time frame for observation activities and shall specify the observation areas 1br each observer. The Secretariat may for practical reasons, and in cooperation with the authorities of the relevant member countries, make changes in the plan if necessary. The detailed plan of observation activities shall only be known to the control authorities in the relevant member countries and the Secretariat. Appointment of observers 15. Appointed observers will receive an employment contract from the Secretariat. When this is signed by both parties, the observer will receive a letter of appointment, and an authorization/identification card, as well as other relevant documentation necessary for his/her duties as observer, such as copies of the Provisions and Guidelines to the Control Scheme and the relevant reporting forms.


Posted

in

,

by

Tags:

Comments

Leave a Reply

Your email address will not be published. Required fields are marked *