Annex III — Use of turtle excluder devices Inter-Amerikaans Verdrag inzake de bescherming en het behoud van zeeschildpadden
Use of turtle excluder devices
1. “Shrimp trawl vessel” means any vessel used to catch shrimp species with trawl nets.
2. “Turtle Excluder Device” or “TED” means a device designed to increase the selectivity of shrimp trawl nets in order to reduce the incidental capture of sea turtles in shrimp fishing operations.
3. Each Party shall require shrimp trawl vessels subject to its jurisdiction that operate within the Convention Area to use recommended TEDs that are properly installed and functional.
4. Each Party, in accordance with the best available scientific evidence, may allow exceptions to use of TEDs as required in Paragraph 3 only in the following circumstances:
a) For shrimp trawl vessels whose nets are retrieved exclusively by manual rather than mechanical means, and shrimp vessels with trawl nets for which no TEDs have been developed. A Party allowing such exception shall adopt other measures to reduce the incidental mortality of sea turtles that are equally effective and that do not undermine efforts to achieve the objective of this Convention, such as limits on tow times, closed seasons and closed fishing areas where sea turtles occur.
b) For shrimp trawl vessels:
(i) exclusively using other trawl gear that has been demonstrated not to pose a risk of incidental mortality of sea turtles; or
(ii) operating under conditions where there is no likelihood of interaction with sea turtles; provided that the Party allowing such exception provides to the other Parties, either directly or through the Secretariat, if established, documented scientific evidence demonstrating the lack of such risk or likelihood;
c) For shrimp trawl vessels conducting scientific research under a program approved by the Party;
d) Where the presence of algae, seaweed, debris, or other special conditions, temporary or permanent, make the use of TEDs impracticable in a specific area, provided that:
(i) a Party allowing this exception shall adopt other measures to protect sea turtles in the area in question, such as limits on tow times;
(ii) only in extraordinary emergency situations of a temporary nature may a Party allow this exception to apply to more than a small number of the vessels subject to its jurisdiction that would otherwise be required to use TEDs pursuant to this Annex;
(iii) a Party allowing this exception shall provide to the other Parties, either directly or through the Secretariat, if established, information concerning the special conditions and the number of shrimp trawl vessels operating in the area in question.
5. Any Party may comment upon information provided by any other Party pursuant to Paragraph 4. Where appropriate, the Parties shall seek guidance from the Consultative Committee and the Scientific Committee to resolve differences of view. If the Consultative Committee so recommends, and the Parties agree, a Party that has allowed an exception pursuant to Paragraph 4 shall reconsider the allowance or extent of such an exception.
6. The Parties may, by consensus, approve other exceptions to the use of TEDs as required in Paragraph 3, in accordance with the best available scientific evidence and based on recommendations of the Consultative Committee and the Scientific Committee, to account for circumstances warranting special consideration, provided that such exceptions do not undermine efforts to achieve the objective of this Convention.
7. For the purposes of this Convention:
a) Recommended TEDs shall be those TEDs determined by the Parties, with advice from the Consultative Committee, to reduce the incidental capture of sea turtles in shrimp trawl fishing operations to the greatest extent practicable;
b) At their first meeting, the Parties shall develop an initial list of recommended TEDs, which they may modify at subsequent meetings;
c) Until the first meeting of the Parties, each Party shall determine, in accordance with its laws and regulations, which TEDs to require for use by shrimp trawl vessels subject to its jurisdiction in order to reduce the incidental capture of sea turtles in shrimp trawl fishing operations to the greatest extent practicable, based on consultations with other Parties.
8. At the request of any other Party or of the Consultative Committee or the Scientific Committee, each Party shall provide, either directly or through the Secretariat, if established, scientific information relevant to the achievement of the objective of this Convention.
- Regeling
- Inter-Amerikaans Verdrag inzake de bescherming en het behoud van zeeschildpadden
- Soort
- Verdrag
- Geldend vanaf
- 02-05-2001
- BWB-id
- BWBV0001954
- Versie
- 2001-05-02_0