Review Panel established under the Convention on the Conservation and Management of Hight Seas Fishery Resources in the South Pacific Ocean, PCA, Findings and Recommendations of the Review Panel (July 5, 2013)
1. This Review Panel is convened pursuant to Article 17 and Annex II of the Convention on the Conservation and Management of High Seas Fishery Resources in the South Pacific Ocean (“Convention”).
2. Having considered the information supplied by and the views of the Participants described herein concerning the Objection of the Russian Federation (hereinafter “Russia”), the Review Panel now transmits to the Acting Executive Secretary its findings and recommendations pursuant to Article 17(5)(e) and Annex II, paragraph 9 of the Convention.
II. PROCEDURAL HISTORY
3. By letter dated 19 April 2013, Russia invoked Article 17 of the Convention which permits Members of the Commission of the South Pacific Regional Fisheries Management Organisation (“Commission”) to object to a decision adopted by the Commission within 60 days of the date of notification of the decision. As set out in more detail below, Russia objects to its exclusion from the established shares in the catch limit of Trachurus murphyi in 2013 as specified in the Commission’s Conservation and Management Measure for Trachurus murphyi (document “CMM 1.01”).
4. By letter dated 30 April 2013, Russia informed the Acting Executive Secretary of the SPRFMO of the appointment of Professor Kamil A. Bekyashev as a member of the Review Panel. Sra. Valeria Carvajal was then appointed to the Review Panel by the Chairperson of the Commission. On 21 May 2013, by agreement between Russia and the Chairperson of the Commission, Professor Bernard H. Oxman was appointed as the third member and chair of the Review Panel. The Review Panel was therefore established on 21 May 2013. On 12 June 2013, the Commission Members and the Organisation were provided with copies of the Review Panel members’ curricula vitae and signed declarations of independence and impartiality.