CMM 2009-02 08-13

Rules for Catch Retention
8. Where the operator of a vessel determines that fish should not be retained on board for reasons related to the size, marketability, or species composition, the fish shall only be released before the net is fully pursed and one half of the net has been retrieved.
9. Where the operator of a vessel determines that fish should not be retained on board because they are “unfit for human consumption”, the following definitions shall be applied:
a. “unfit for human consumption” includes, but is not limited to fish that;
i. is meshed or crushed in the purse seine net; or
ii. is damaged due to shark or whale depredation; or
iii. has died and spoiled in the net where a gear failure has prevented both the normal retrieval of the net and catch and efforts to release the fish alive; and
b. “unfit for human consumption” does not include fish that;
i. is considered undesirable in terms of size, marketability, or species composition; or
ii. is spoiled or contaminated as the result of an act or omission of the crew of the fishing vessel.
10. Where the operator of a vessel determines that fish should not be retained on board because it was caught during the final set of a trip when there is insufficient well space to accommodate all fish caught in that set, the fish may only be discarded if a. the vessel master and crew attempt to release the fish alive as soon as possible; b. no further fishing is undertaken after the discard until the fish on board the vessel has been landed or transhipped.
11. Fish shall not be discarded from the vessel until after an observer has estimated the species composition of the fish to be discarded.
12. The operator of the vessel shall submit [to the Executive Director a report that includes the following information within forty-eight 48 hours after any discard 
a. Name, flag and WCPFC Identification Number of the vessel;
b. Name and nationality of master;
c. Licence number;
d. Name of observer on board;
e. Date, time and location (latitude/longitude) that discarding occurred;
f. Date, time, location (latitude/longitude) and type (drifting FAD, anchored FAD, free school etc) of the shot;
g. Reason that fish were discarded (including statement of retrieval status if fish were discarded in accordance with paragraph 6);
h. Estimated tonnage and species composition of discarded fish;
i. Estimated tonnage and species composition of retained fish from that set;
j. If fish were discarded in accordance with paragraph 10, a statement that no further fishing will be undertaken until the catch on board has been unloaded; and
k. Any other information deemed relevant by the vessel master.
13. The operator of the vessel shall also provide a hard copy of the information described in para 12 to the WCPFC Observer on board.