PERMANENT WORKING GROUP ON TUNA TRACKING 16 TH MEETING MINUTES OF THE MEETING AGENDA

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INTERNATIONAL DOLPHIN CONSERVATION PROGRAM PERMANENT WORKING GROUP ON TUNA TRACKING 16 TH MEETING LIMA (PERU) 7 JUNE 2004 MINUTES OF THE MEETING AGENDA Documents 1. Opening of the meeting 2. Adoption of the agenda 3. Approval of minutes of the 15 th meeting 4. Presentation on the Peruvian Tuna Tracking System 5. Review of the implementation of the Dolphin safe certification system TT-16-04 6. System for follow-up of invalid certificates 7. Revisions to system to improve tracking 8. Procedures to ensure that dolphin safe certificates are not issued to vessels TT-16-07 not complying with IATTC conservation measures 9. Recommendations for the IRP 10. Other business 11. Place and date of next meeting 12. Adjournment APPENDICES 1. List of attendees 2. Procedures for invalid dolphin safe certificates

The 16 th Meeting of the Permanent Working Group on Tuna Tracking was held in Lima, Peru, on June 7, 2004. The attendees are listed in Appendix 1. 1. Opening of the meeting The meeting was opened by Ms. Pat Donley of the United States, the Chair of the Working Group. 2. Adoption of the agenda A presentation of Peru s tuna tracking system was added to the agenda as a new item 4, and the remainder of the agenda was adopted as presented. 3. Approval of minutes of the 15 th meeting The minutes of the 15 th Meeting of the Working Group, as previously circulated by the Secretariat, were approved. 4. Peruvian Presentation Peru made a presentation to the meeting describing Peru s fishery management system and its tuna tracking system. Several delegates had questions regarding Peru s use of a VMS system for tracking its fishing vessels. Following the presentation, Dr. Robin Allen reported that the Secretariat had previously noted that the Peruvian tuna tracking system was missing an audit requirement and was thus not fully consistent with the Tuna Tracking and Verification System. Dr. Allen presented a letter from Peru which adds the missing piece. He recommended that the Peruvian tuna tracking system be forwarded to the IRP for approval. The delegates agreed. 5. Review of the implementation of the dolphin safe certification system (TT-16-04) Dr. Allen delivered a report on the dolphin safe certification system and provided a report (TT-16-04) which updated information provided at the last meeting of the working group, and presented information on comparisons of dolphin safe certificates and their corresponding Tuna Tracking Forms (TTFs). In answer to a question, Dr. Allen stated that no invalid certificates have been identified in 2004, to date. The representative of the Ocean Conservancy asked if the 10-percent trigger level should be changed. After some discussion, it was decided to revisit that point at the next meeting after a number of the new certification forms were analyzed. The Costa Rican delegate volunteered to provide a report regarding the conversion of weight of tuna in the round to weight of processed tuna. 6. System of follow up of invalid certificates (TT-16-05) The United States presented its suggested procedures to be used when a dolphin safe certificate has been found to be invalid. The representative of Mexico pointed out that it would be necessary for each country to follow its own internal legal procedures. In addition, the European Union (EU) suggested that the Secretariat notify all other Parties as soon as possible when a certificate is invalidated. Following the discussion, the United States agreed to re-draft the proposal to add the items addressed by Mexico and the EU. The working group agreed to a proposal to amend the AIDCP Dolphin-Safe Certification System and to forward it to the IRP for recommendation to the Meeting of the Parties (Appendix 2). 7. Revisions to the certification system to improve tracking (TT-16-06) El Salvador presented a proposal to revise the dolphin-safe certification system, to, inter alia, make the system mandatory and provide additional certification for non-dolphin safe tuna. El Salvador also suggested publishing the names of vessels that have DMLs, and preparing a declaration which would refute the accusations of certain interest groups and list the accomplishments of the AIDCP program. After some discussion, it was decided that the working group needed some time to consider this proposal, and would consider it again at its next meeting. In the meantime, it was decided that a declaration could be developed and presented to the IRP under Other business. A drafting group composed of El Salvador, TTWG 16 Minutes - Jun 2004 1

Mexico, Peru, the EU and the Ocean Conservancy was established to work on the declaration. 8. Procedures to insure that dolphin safe certificates are not issued to vessels not complying with IATTC conservation measures (TT-16-07) Dr. Allen presented Document TT-16-07, Procedures to ensure that vessels not in compliance with IATTC conservation measures do not get dolphin safe certificates. He recalled the background of this issue, noting that during the 15 th meeting of the Working Group, it was recognized that procedures needed to be developed regarding the certification of tuna caught in contravention of IATTC measures. The origin of this matter is the decision of the 10 th Meeting of the Parties in October 2003, in support of the IATTC s conservation efforts, to amend the AIDCP Dolphin-Safe Certification System by adding the following subparagraph 2.g to Section 2, Certification of AIDCP dolphin safe tuna and tuna products: g. Tuna positively identified by the IATTC as having been caught in contravention of IATTC tuna conservation and management measures is not eligible for an AIDCP Dolphin-Safe Certificate. Dr. Allen observed that, in analyzing the question of procedures, the Secretariat believes that it is first necessary for the Parties to agree on the meaning of some of the terminology in paragraph 2.g. Specifically, there are two points that need to be clear, namely what is meant, in terms of the implementation of this paragraph, by conservation and management measures and the term positively identified by the IATTC. After some discussion, the working group agreed on the following: 1. IATTC tuna conservation and management measures means time and area closures for yellowfin or bigeye tuna, or other specific measures identified by the Parties in the future for this purpose. 2. Tuna positively identified by the IATTC means any tuna caught during a fishing trip in which a violation of any measure covered by paragraph 1 above was reported by the observer aboard the vessel. The working group agreed that these clarifications should be specified in the minutes of the meeting. 9. Recommendations to the IRP The working group recommended that the IRP support the working group view that the tuna tracking and verification plan of Peru, with the addition of the letter from the Vice Minister of Fisheries dated May 31, 2004, is consistent with the AIDCP tuna tracking and verification system, and also recommended that the Panel support the amendment to the AIDCP Dolphin-Safe Certification System in accordance with Appendix 2. 10. Other business No other business was discussed. 11. Time and place of next meeting. It was agreed that the next meeting of the Working Group would be held immediately prior to the next meeting of the IRP, scheduled for October 2004 in La Jolla, California. 12. Adjournment The meeting was adjourned on 7 June 2004. TTWG 16 Minutes - Jun 2004 2

Appendix 1. INTERNATIONAL DOLPHIN CONSERVATION PROGRAM PROGRAMA INTERNACIONAL PARA LA CONSERVACIÓN DE LOS DELFINES PERMANENT WORKING GROUP ON TUNA TRACKING GRUPO DE TRABAJO PERMANENTE SOBRE EL SEGUIMIENTO DEL ATUN 16 th MEETING - 16ª REUNION 7 JUN 2004 Lima, Peru ATTENDEES - ASISTENTES HANS BELLOTA ANTONIO APALA Dirección General de Intereses Marítimos ARTURO VEGA CARLOS MOSQUERA INCODER ASDRÚBAL VÁSQUEZ INCOPESCA LUIS TORRES Ministerio de Comercio Exterior, Industrialización, Pesca y Competitividad SONIA SALAVERRÍA Ministerio de Agricultura y Ganadería ROBERTO CESARI ALAN GRAY European Commission RICARDO BELMONTES MARIO AGUILAR CONAPESCA MICHEL DREYFUS HUMBERTO ROBLES Instituto Nacional de la Pesca ALFONSO MIRANDA JORGE VERTIZ GLADYS CÁRDENAS VÍCTOR LOYOLA RAÚL PONCE LUIS VALDERRAMA JOSÉ PELLÓN Ministerio de la Producción BOLIVIA COLOMBIA COSTA RICA ECUADOR EL SALVADOR LIGIA SOLIS JORGE BANCHÓN PROBECUADOR MANUEL CALVO EUROPEAN UNION - UNION EUROPEA MEXICO PERU JAVIER ARÍZ TELLERIA Instituto Español de Oceanografía SAMUEL JUÁREZ Embajada de España en Washington LUIS FUEYO SEMARNAT/PROFEPA MARK ROBERTSON JORGE PONCE ANA TERESA LECAROS Ministerio de Relaciones Exteriores LUIS ABAD CÉSAR PAREDES Dirección General de Capitanías y Guardacostas TTWG 16 Minutes - Jun 2004 3

DAVID HOGAN JAMES STORY Department of State PAT DONLEY STEVE REILLY JEREMY RUSIN MICHELLE ZETWO National Marine Fisheries Service UNITED STATES OF AMERICA - ESTADOS UNIDOS DE AMERICA VENEZUELA RANDI THOMAS ALVIN DELGADO Programa Nacional de Observadores de Venezuela INTERNATIONAL ORGANIZATIONS ORGANIZACIONES INTERNACIONALES CARLOS ARCA JOSÉ MATOS OLDEPESCA NON-GOVERNMENTAL ORGANIZATIONS - ORGANIZACIONES NO GUBERNAMENTALES MOISÉS MUG WWF Central América RAMÓN MONTAÑO NINA YOUNG The Ocean Conservancy TUNA INDUSTRY INDUSTRIA ATUNERA JULIO MORÓN ROBIN ALLEN, Director ERNESTO ALTAMIRANO DAVID BRATTEN ALEJANDRA FERREIRA STAFF - PERSONAL BRIAN HALLMAN BERTA JUÁREZ NICHOLAS WEBB TTWG 16 Minutes - Jun 2004 4

Appendix 2. PROCEDURES FOR INVALID DOLPHIN SAFE CERTIFICATES It is recommended that the AIDCP Dolphin-Safe Certification System be amended by adding the following new Section 3, Procedures for invalid dolphin safe certificates: 1. If a Party: a. is notified by the Secretariat that a certificate it has issued is invalid, it will notify the entity to which the certificate was issued and ensure, pursuant to applicable national legislation, that the original certificate is returned to the Party s issuing authority. b. invalidates a certificate it has issued, it will notify the entity to which the certificate was issued and ensure, pursuant to applicable national legislation, that the original certificate is returned to the Party s issuing authority, and also notify the Secretariat of the invalidated certificate. In all cases, the Secretariat will notify all other Parties of the invalidation of the certificate as soon as possible. 2. The Party will then send the original certificate to the Secretariat. 3. The Secretariat will maintain a record of the invalid certificates, including the dates on which the relevant Party was notified of the invalidation of the certificate and the date on which the original certificate was returned to the Secretariat. 4. The Secretariat will provide this information to the Parties on a regular basis in order for the Parties to analyze how the overall Dolphin Safe Certification Program is working. The subsequent sections, currently numbered 3 through 6, are renumbered accordingly. TTWG 16 Minutes - Jun 2004 5