On 1 July 2023 a Review Panel established under Article 17 and Annex II of the Convention on the Conservation and Management of High Seas Fishery Resources in the South Pacific Ocean (Review Panel) issued its Findings and Recommendations with regards to the objection by the Russian Federation to the Conservation and Management Measure for Trachurus murphyi (CMM 01-2023) adopted by the Commission of the South Pacific Regional Fisheries Management Organisation (SPRFMO) at its Eleventh Meeting (7-17 February 2023). On 10 April 2023 Russia objected to the determination of its share in the total allowable catch (“TAC”) of Trachurus murphyi in 2023 (Findings and Recommendations, para 4). On 20 April 2023 China also objected to the determination of its share in the TAC of Trachurus murphyi in 2023, but withdrew its objection to CMM 01-2023 shortly after issuance of Procedural Directive No. 1 by the Review Panel (Findings and Recommendations, paras 5, 16 and para 20 on allocation of expenses; unpublished Final Decision of the Review Panel as Comprised of Five Members (7 June 2023)). The South Pacific Regional Fisheries Management Organisation, Russia, Chinese Taipei, European Union, New Zealand, Chile and Peru participated in the written phase of proceedings, while the Hearing was attended (in-person/remotely) by Chile, Chinese Taipei, Russia, China, Denmark (in respect of the Faroe Islands), the Organisation and Peru, with oral interventions by Chile and Russia.
The Findings and Recommendations of the Review Panel:
Findings and Recommendations, paragraph 145
- In light of the foregoing, pursuant to Article 17(5)(e) of the Convention, the Review Panel:
a. Finds that the Decision to which objection has been presented unjustifiably discriminates in form or in fact against Russia;
b. Finds that the alternative measures for 2023 adopted by Russia are equivalent in effect to the Decision to which objection has been presented, subject to the following specific modification recommended by the Review Panel:
Russia will authorise vessels registered in Russia to fish for Trachurus murphyi in the Convention Area in 2023 only up to a catch limit fixed by Russia, which will not exceed 33,974 tonnes for all such vessels;
c. Finds that all provisions of CMM 01-2023 that are not covered by Russia’s Objection, including in particular the TACs in paragraphs 4 and 9, remain binding upon Russia; and
d. Finds, without prejudice to the foregoing, that the Decision to which objection has been presented by Russia is not inconsistent with the provisions of the Convention or other relevant international law as reflected in the 1982 Convention or the 1995 Agreement.
For more information see PCA Case No. 2023-33.
De Maribus 