The Western and Central Pacific Fisheries Commission (WCPFC)
The Western and Central Pacific Fisheries Commission (WCPFC) was established by the Convention for the Conservation and Management of Highly Migratory Fish Stocks in the Western and Central Pacific Ocean (WCPF Convention) which entered into force on 19 June 2004. The Convention was concluded after six years of negotiation which commenced in 1994. The period between the conclusion of the Convention and its entry into force was taken up by a series of Preparatory Conferences that laid the foundations for the Commission to commence its work.
The WCPF Convention draws on many of the provisions of the UN Fish Stocks Agreement [UNFSA] while, at the same time, reflecting the special political, socio-economic, geographical and environmental characteristics of the western and central Pacific Ocean (WCPO) region. The WCPFC Convention seeks to address problems in the management of high seas fisheries resulting from unregulated fishing, over-capitalization, excessive fleet capacity, vessel re-flagging to escape controls, insufficiently selective gear, unreliable databases and insufficient multilateral cooperation in respect to conservation and management of highly migratory fish stocks.
A framework for the participation of fishing entities in the Commission which legally binds fishing entities to the provisions of the Convention, participation by territories and possessions in the work of the Commission, recognition of special requirements of developing States, and cooperation with other Regional Fisheries Management Organisations (RFMO) whose respective areas of competence overlap with the WCPFC reflect the unique geo-political environment in which the Commission operates.
The Commission supports three subsidiary bodies; the Scientific Committee, Technical and Compliance Committee, and the Northern Committee, that each meet once during each year. The meetings of the subsidiary bodies are followed by a full session of the Commission. The work of the Commission is assisted by a Finance and Administration Committee.
Members: Australia, China, Canada, Cook Islands, European Union, Federated States of Micronesia, Fiji, France, Indonesia, Japan, Kiribati, Republic of Korea, Republic of Marshall Islands, Nauru, New Zealand, Niue, Palau, Papua New Guinea, Philippines, Samoa, Solomon Islands, Chinese Taipei, Tonga, Tuvalu, United States of America, Vanuatu.
Participating Territories: American Samoa, Commonwealth of the Northern Mariana Islands, French Polynesia, Guam, New Caledonia, Tokelau, Wallis and Futuna.
Cooperating Non-member(s): Ecuador, El Salvador, Mexico, Panama, Liberia, Thailand, Vietnam.
How is WCPFC governed?
The Convention establishes a governing body known as the Commission which is comprised of representatives from members, cooperating non-members and participating territories (collectively, CCMs). The Commission holds annual meetings and is presided over by a Chairman and a Vice-Chairman, who are elected from amongst the membership.
Four subsidiary bodies support the work of the Commission and meet in the months prior to the annual meeting, which is always held in December.
- The Scientific Committee (SC) meets in August and ensures that the Commission has the best available scientific information on which to consider appropriate conservation and management measures. The Scientific Committee utilizes the services of expert fisheries scientists and its meetings usually comprise scientific and other related technical representatives. The SC also coordinates with the Technical and Compliance Committee on certain matters to ensure consistent advice is provided to the Commission.
- The Technical and Compliance Committee (TCC) meets in October and is the “enforcement” committee of the Commission. The TCC reviews members’ adherence to Commission decisions and monitors individual countries’ implementation of those measures. The TCC also makes recommendations to the Commission with respect to encouraging, improving and enforcing compliance by members with the decisions of the Commission.
- The Northern Committee (NC) meets in September and makes recommendations to the Commission on species that are mostly found in the Convention Area north of 20 degrees north. Unlike the SC and the TCC, not all members of the Commission are represented on the NC. Although participation in the NC is limited to those members that are located in the area north of 20 degrees north, or are fishing in this area, any member of the Commission may participate in NC meetings as an observer. Any decisions the Commission takes on species under the purview of the NC must be based on recommendations from the NC.
- The Finance and Administration Committee meets annually along with the Commission meeting and deliberates over the Commission’s budget. All Commission members are represented on the Finance and Administration Committee and recommendations are forwarded to the Commission for adoption.
Decisions taken by the Commission are generally done by consensus. In cases where decisions have to be taken by vote, usually on substantive matters, a “two-chamber system” applies. The FFA members of the Commission comprise one chamber, while the non-FFA members form the other chamber. Decisions are taken by a three-fourths majority of those present and voting in each chamber and no proposal can be defeated by two or fewer votes in either chamber.
How does WCPFC promote compliance?
The Convention establishes a requirement for each member to establish and maintain a record of fishing vessels that are authorised to fish in the Convention Area beyond that member’s area of national jurisdiction. The Secretariat maintains a central database of each member’s authorised list of fishing vessels, which acts as a verification tool to ensure that fishing vessels are legally operating in the Convention Area.
The WCPFC establishes a number of monitoring, control and surveillance (MCS) programme to promote compliance by Commission members with conservation and management measures and other decisions of the Commission (such as in relation to requirements concerning data submission). One such programme is the Regional Observer Programme (ROP), which manages the placement of personnel on board fishing vessels to observe and collect data on fishing operations. Data collected by observers is critical in assessing the effectiveness of measures, as well as providing scientists with important fishery independent information on the size and weight of species taken. In addition, the role of an observer can be useful in ensuring compliance, through verification of fishing information such as vessel location, time of year and species caught.
Complementing the ROP is the Commission’s vessel monitoring system (VMS). Vessels fishing in the Convention Area are required to install a transmitting device known as an Automatic Location Communicator (ALC), which transmits a signal to a land-based receiving station where fisheries managers can view and track the location of fishing vessels. This tool allows fisheries managers to better promote compliance with any area closures or restrictions that may be in place at any given time. It also helps scientists and managers understand the nature of fishing operations and where fishing is taking place. The Commission’s VMS became operational in April 2009.
A third important MCS element is the boarding and inspection of fishing vessels on the high seas by patrol vessels registered with the Commission by CCMs. These patrol vessels conduct routine operations throughout the Pacific Ocean. Under an important measure adopted by the Commission, members have agreed to allow their fishing vessels to be boarded and inspected by the patrol vessels of other members. Patrol vessels provide the Commission with an important tool with which to monitor and in some situations, take action against, fishing violations on the high seas.
Another critical component in the Commission’s compliance toolbox is the list of vessels that have engaged in Illegal, Unregulated or Unreported (IUU) activities. Vessels that have been found, through sufficient evidence, to have committed violations as described by the Commission, are placed on what is known as an “IUU List”. Members are prohibited from engaging in fishing activities or other related transactions with vessels that are on the IUU List, which can act as a strong incentive for countries to closely monitor and regulate the activities of their fishing vessels.