5.2.1 The CCAMLR dispute settlement mechanisms appear to be unsatisfactory. There is an urgent need to take action to address this situation. In this regard, the binding procedures for dispute settlement set out in Part XV of UNCLOS could be considered by CPs in a two-fold manner:
4.6.1 Extent to which CCAMLR has adopted measures relating to the exercise of the rights and duties of its Members and Contracting Parties as Market States for Antarctic marine living resources
Recommendation
Responsible body
Activities to date
Status
4.6.1.1 E-CDS should become mandatory with immediate effect.
4.5.1 Extent to which CCAMLR has established adequate cooperative mechanisms to both monitor compliance and detect and deter non-compliance (e.g. compliance committees, vessel lists, sharing of information about non-compliance)
4.5.2 Extent to which these mechanisms are being effectively utilised
4.4.1 Extent to which CCAMLR, its Members and Contracting Parties follow-up on infringements to management measures
Recommendation
Responsible body
Activities to date
Status
4.4.1.1 The various reporting mechanisms within CMs, in relation to infringements, should be reviewed to ensure that the mechanisms of reporting are clear, concise and consistent between measures.
4.3.1 Extent to which CCAMLR has adopted integrated MCS measures (e.g. required use of VMS, observers, catch documentation and trade tracking schemes, restrictions on transhipment, boarding and inspection schemes)
4.3.2 Extent to which these measures are effectively implemented
4.2.1 Extent to which CCAMLR has adopted measures relating to the exercise of the rights and duties of its Members and Contracting Parties as Port States, as reflected in the Code of Conduct for Responsible Fisheries Article 8.3
4.2.2 Extent to which these measures are effectively implemented
4.1.1 Extent to which CCAMLR Members are fulfilling their duties as Flag States under the treaty establishing CCAMLR, pursuant to measures adopted by CCAMLR, and under other international instruments, including, inter alia, the 1982 Law of the Sea Convention and the 1993 FAO Compliance Agreement, as applicable
3.6.1 Extent to which CCAMLR has identified fishing capacity levels commensurate with the conservation, including rational use, of Antarctic marine living resources
Recommendation
Responsible body
Activities to date
Status
3.6.1.1 CCAMLR should develop and apply methods to identify fishing capacity levels that are commensurate with sustainable harvests from the fisheries in the Convention Area.
3.5.2 Extent to which CCAMLR has applied a precautionary approach as set forth in the Code of Conduct for Responsible Fisheries Article 7.5, including the application of precautionary reference points
