CCSBT

The Commission for the Conservation of Southern Bluefin Tuna came into being on 20 May 1994, approximately a year after the Convention for the Conservation of Southern Bluefin Tuna had been signed by Australia, Japan and New Zealand. The Convention formalized a previous voluntary arrangement that had existed since 1986 between these States, following concerns about the status of southern bluefin tuna in the 1980s. Korea joined the Commission in 2001 and an "Extended Commission" was established in the same year to incorporate Taiwan.

The general objective of the Commission is to ensure, through appropriate management, the conservation and optimum utilization of southern bluefin tuna. The Convention does not apply to any specific geographical area but in practice southern bluefin tuna is fished in the Indian Ocean, the Southern Atlantic and the South Pacific. The species spawns off Java in the Indonesian fishing zone, from where juveniles migrate eastwards to the southern part of the Australian EFZ towards New Zealand. Some other juveniles from the same breeding ground migrate west towards South Africa.

Membership

The Convention is open for accession to any State whose vessels engage in fishing for southern bluefin tuna or to any coastal State through whose exclusive economic or fishery zone the tuna migrates. Fishing entities (e.g. Taiwan and, possibly, regional economic integration organizations) can also join an "Extended Commission" if vessels flagged to it have caught SBT at any time in the previous three years to its application and subject to the approval of the existing Commission members.

Structure

The main body established by the Convention is the Commission. Member countries are represented on the Commission by not more than three delegates, accompanied by experts and advisers. Each Party has one vote in the Commission and decisions are taken by a unanimous vote of the Parties present at the Commission meeting (subject to the requirement of a quorum of two-thirds). In addition to the Commission there is also a Scientific Committee and a Secretariat. The Scientific Committee is an advisory body with a number of duties, including analyzing the status of and trends in southern bluefin tuna population and coordinating research. It may also make recommendations to the Commission where appropriate.

Extended Commission

In 2001, CCSBT established an "Extended Commission" and an "Extended Scientific Committee" to enable the participation of non-State fishing entities (in practice, Taiwan) in the activities of the Commission. The Extended bodies perform the same tasks as the original bodies, with all members having equal voting rights. The provisions of the Convention relating to the Commission and the Scientific Committee (Articles 6 to 9, except for 6.9 and 6.10) apply mutatis mutandis with regard to the Extended Commission and the Extended Scientific Committee (see Resolution 2001-4 to Establish and Extended Commission and an Extended Scientific Committee).

Dispute Settlement

Parties are required to seek to settle any disputes concerning the interpretation or implementation of the Convention by negotiation, inquiry, mediation, conciliation, arbitration, judicial settlement or other peaceful means of their own choice. The dispute may also be referred to the International Court of Justice or to arbitration with the consent of all Parties to the dispute. An Annex to the Convention established the procedures for an arbitral tribunal for cases where the dispute is referred to arbitration.

Functions

The functions of the Commission include: collecting, analyzing and interpreting scientific and other relevant information on southern bluefin tuna; and adopting conservation and management measures. The member States of the Commission have agreed to several measures, designed to rebuild stocks to 1980 levels by the year 2020. These include:

restrictions on fishing in breeding grounds and the taking of juvenile fish;

development of fishing practices to reduce incidental mortalities of albatross;

comprehensive monitoring and data collection programs;

strengthening of research activities;

measures to deter IUU fishing and compliance by vessels from non-member States.

In practice, however, the proper functioning of the Commission has been severely impeded because of a dispute between members regarding the level of fishing. The dispute was referred to the International Tribunal for the Law of the Sea and an Annex VII Arbitral Tribunal in 1999 but this did not lead to the issues being fully resolved.