CAPFISHWMU-MOF-KMIProjectThe1stWorkshop 19-22 October 2021
Expert
Socio-economic Considerations of IUU Fishing and Implementing Effective Counter Measures
Ms. Sandra Allnutt, IMO Discussion17:00
Collaboration in the Fight Against IUU Fishing: Analysis, Coordination, Enforcement and Maritime Security
Lunch
Fighting IUU fishing An OECD perspective on policy priorities
PROGRAM CAPACITY-BUILDING PROJECT TO PROGRESS THE IMPLEMENTATION OF INTERNATIONAL INSTRUMENTS TO COMBAT IUU FISHING
Dr. Matthew Camilleri and Dr. Alicia Mosteiro, FAO Expert Presentation14:30
Global Problem of IUU Fishing
Expert
Ms. Dawn Borg Costanzi, Pew Charitable Trusts 15:30 Coffee and refreshments Discussion16:00 Why Multidisciplinary Approaches are Needed to Tackle IUU Fishing
The Need for Interagency Cooperation to Tackle the Complex Problem of IUU Fishing
Opening of workshop9:30
Dr. Matthew Camilleri and Dr. Alicia Mosteiro, FAO Lunch 12:30 WMU Bistro Presentation13:30 The FAO Agreement on Port State Measures
Dr. Ifesinachi Okafor-Yarwood, St Andrews University 12:30 WMU Bistro Presentation13:30 Canada’s Fisheries Monitoring, Control and Surveillance (MCS) and Enforcementand International IUU Fishery Initiatives
Expert
Introductory Remarks and Welcome Coffee will be available from 09:00 in WMU
The IMO’s role in the fight against IUU fishing andthe 2012 Cape Town Agreement
Expert
Mr. Dongsik Director-General,Woo,MOF
ILO’s Role in the FightAgainst IUU Fishing and the Work in Fishing Convention Mr. Brandt Wagner, ILO Break 15:30 Coffee and refreshments Presentation16:00
Professor U. Rashid Sumaila, University of British Columbia Break 11:00 Coffee & Refreshments Presentation11:30
Panel
End of day 117:45 Close of Day 1 and Drinks Reception at WMU Bistro Workshop Dinner19:00 WMU Bistro ALL PARTICIPANTS & STUDENTS Wednesday, 20 October 2021 – Day 2: Multidisciplinary Approaches Expert Presentation9:00
Dr. CleopatraPresident,Doumbia-Henry,WMU Presentation10:00The
Panel
The history and role of FAO in combatting IUU Fishing
End of day 217:00 Close of Day 2 Dinner19:00 Expert Dinner (WMU Bistro) - 2
Expert
Participants: Today’s Speakers + WMU + KMI
Moderator: Professor Francis Neat Participants: Today’s Speakers + WMU +KMI (Dr. Junghee Cho)
Dr. Claire Delpeuch, OECD Expert Presentation10:00
Expert
Professor Neil Bellefontaine, WMU Presentation14:30
Expert
Keynote
Moderator: Dr. Kathleen Auld
Tuesday, 19 October 2021 – Day 1: The Global Problem of IUU Fishing and the Role of the UN Agencies in the Fight Against It What When Description Speaker
Break
Professor Andrew Baio, University of Sierra Leone Break 11:00 Coffee & Refreshments Presentation11:30 ILLEGAL, UNREPORTED AND UNREGULATED FISHING, A THREAT TO HUMAN AND NATIONAL SECURITY
Mr. Santiago Juan Geymonat, Argentinian Coast Guard. of
Korea's Recent Efforts on Combatting against IUU Fishing Activities: Challenges and Responses
Participants: Today’s Speakers + WMU + KMI
End of day 317:00 Close of Day 3 Friday, 22 October 2021–Day 4: Safety at Sea and Operational Case Studies
Overview of Fishing/Fisher Safety in Relation to IUU Fishing
Mr. Ari Self-EmployedGudmundsson,ConsultantandIndependentExpert,Iceland of
Decent Work via International Agreements on Fisheries
Lunch 12:30 WMU Bistro
Expert Presentation13:30 Fighting IUU
Coffee & Refreshments Expert Presentation11:30IUU Fishing and Crime
Expert Presentation9:00
Ms. Jung-re Riley Kim, MOF Break 11:00 Coffee & Refreshments Expert Presentation11:30
Urban
Expert Presentation14:30 Tackling IUU Fishing and Violations
Achievements, Applied
Professor Laura Carballo Pineiro, WMU
Expert Presentation13:30
Ms. Taerin Kim, Fisheries Monitoring Centre
Mr. Francisco Blaha, Independent Expert, New Zealand
+
Mobility
Expert Presentation10:00 Design aspects of FV. Importance
Expert Presentation9:00 IUU fishing and the WCPO tuna fishery Reality and Challenges A View from the Wharf
Dr. Deukhoon (Peter) Han, KMI
Force Lunch 12:30
Atlantic:
Panel Discussion16:00 How Effective are Anti-IUU Fishing Regulations and What are the Main Challenges to Adoption and Implementation?
Dr. Miguel Nunez, Ministry of Transport, and Agenda and Independent 11:00 in the Cmdr. Judy-Ann Neil, Jamaica Defence WMU Bistro Fishing at Sea in the South The Argentinian Coast Guard Technology and Maritime Intelligence
Panel Discussion15:00 Practical Lessons and Real World Challenges
Thursday, 21 October 2021 –Day 3: Practitioner and Authority Perspectives
Moderator: Professor Raphael
Participants:BaumlerToday’s Speakers WMU + KMI (Dr. Han Seon Park) MOF
Moderator: Professor Laura Carballo Pineiro
Mr. Roberto Cesari, DG MARE European Commission
Expert Presentation10:00 Tools in Tuna RFMOs in the Fight against IUU Fishing
Break 15:30 Coffee & Refreshments
Expert Presentation14:30The EU IUU Regulation Overview
Break 15:45 Coffee & Refreshments Student Feedback16:00 Collect Student Feedback (survey) Workshop close16:30Closing Remarks and Next Steps WMU,
Korea’s IUU Control System in International Waters : Focusing on Fisheries Monitoring System in Place
ratifying the CTA 2012 to provide design standards and an inspection regime from a flag State point of vie
Expert, Spain Break
Caribbean
or KMI - 3
- 5
-6 -
The global problem of IUU U.RashidfishingSumaila Fisheries Economics Research Unit Global Fisheries Cluster The University of British Columbia Vancouver, Canada r.sumaila@oceans.ubc.ca@DrRashidSumaila Day 1 | Keynote Presentation - 7
IUU fishing; • From IUU
–
stocks and biodiversity. - 8
• IUU
threat; • Magnitude,
Why should you
• Fuels
• Ecological impacts: Makes
of talk • Why should you care about IUU fishing? • The ocean and
fish catch; • West African
it hold are crucial for our lives and livelihoods – are
Outline the marine life under scope of fishing to illicit trade in case study. be concerned about IUU fishing fishing is widespread: Why is IUU so widespread? illicit trade in fish catch; nonsense of stock assessments, resulting in depletion of fish
Why should you be concerned about IUU fishing • Huge economic impacts: Economic losses to the legitimate economy; –It is corrosive if not stopped … • Social impacts: – Conflicts between domestic small scale fleets and IUU fishing fleets. Food security effects. Millions of people depend on the ocean No fish, no fishers, no fish protein or dollars - 9
We are ‘overtaking’ & ‘overpolluting’ the ocean Pauly et al. 1998; Jackson et al. 2001, Halpern et al. 2008; Abbott & Sumaila 2019 The current state of marine biodiversity • ~66%: Extent of the marine environment that has been significantly altered by human actions; • >55%: Ocean area covered by industrial fishing. Source: IPBES Global Assessment (2019). - 10
Source: IPBES Global Assessment (2019).
33%:
The current state of marine Global Assessment
world’s
IUU.
The current state of marine biodiversity to Estimated share in 2011 of reported catch that is
- 11
(2019).
• Up
fish
biodiversity • 33%: Marine fish stocks in 2015 fished at unsustainable levels (60% maximally sustainably fished; only 7% under-fished); • 3-25%: Projected decrease in fish biomass by the end of the century depending on climate warming scenarios, respectively; Source: IPBES
Ocean biodiversity loss has serious humanSomeconsequencesdriversof ocean biodiversity depletion • Ineffective governance & management; • Lack of adequate regional & global cooperation; • Insufficient proactive protection of the ocean, e.g., the use of protected areas; • The provision of harmful subsidies; • IUU and illicit trade in ocean resources. - 12
What is IUU fishing? • I = illegal; • U = unreported; • U = unregulated. Illegal fishing is widespread (Sumaila et al., 2006) - 13
Why: Economics of IUU fishing • Draws on the general economic literature of crime and punishment (Becker, 1968); • That is, an individual will commit an offence iff the private expected benefit exceeds the expected cost of doing so; • Here:Engage in IUU fishing iff the expected profits or net benefit is positive (Sutinen and Kuperan, 1999). Economic drivers of IUU fishing • Key elements of benefits: Potential catch; Fish Detectionprice;likelihood ( ). Expected benefit = (1- )*catch value. - 14
• Key elements of Cost Amount of fine; Variable cost of illegal fishing; Cost of avoidance activities; –Fishers’ moral and social standing in society; Expected cost = * fine imposed + other costs Economic drivers of IUU fishing • The decision rule: Engage in illegal fishing if and only if: Expected benefit = (1- )*catch value is greater Expectedthancost = * fine imposed + other costs Economic drivers of IUU fishing - 15
Quantitative results (1 in 5 chance) (Sumaila et al., 2006) Vessel / GearArrestingCountry FisheryExpectedBenefit(USD) (USD)PenaltyExpected (USD)CostTotal TotalExpectedCost/Benefit multiplefineDeterrence LonglineAustraliaPatagoniantoothfish 504 00087 000526 0911.040.75 PotsJapanCrab38 2561 48331 1310.815.8 trawlerBottom MexicoShrimp22 0601 09116 4280.746.2 trawlerBottom RussiaAlaskapollack 8 8182344 5390.5119.4 Case 1: Namibian fisheries •…‘IUUfromFishing Paradise’ •…‘IUUto Fishing Hell’ IUU fishing before independence; IUU fishing after independence. - 16
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•…
•…
•…
Case 2: Patagonian toothfish high price of fish – is the main attractor to IUU fishing; also, the low detection likelihood -large area to patrol and few resources for the number of vessels fishing is a driver.
Case 3: Northwestern Australia poverty among IUU fishers -the main driver of IUU fishing; – despite a high probability of getting caught and severe penalty the need to generate an income is stronger; the alternatives to IUU fishing require even more (hard) work for much less economic benefits.
From IUU fishing to illicit trade • If IUU fishing is widespread then itis likely that illicit trade in marine fish catch is also common worldwide; • But what is illicit trade? • Seafood trade that involves money, goods or value gained from IUU fishing by foreign & domestic industrial fishing fleets, and by artisanal fishing vessels that catch fish for commercial purposes: –Subsistence sector … –Artisanal sector … 23 Following the WEF, we define illicit trade in marine resources as … Sumaila (2018): Ghana J. of Economics - 18
Method • We combine ecological-economic databases to estimate the magnitude of illicit trade in marine fish catch and its impacts on biodiversity, people and economies. Sumaila et al. (2020): Science Advances Economic losses across the global fish value chain Sumaila et al. (2020): Science Advances - 19
IUU fishing and illicit trade in seafood • Global losses due to illicit trade: 8 to 14 million tonnes of unreported catches are potentially traded illicitly yearly – Gross revenues of US$ 9 to US$ 17 billion associated with these catches; Loss in economic impact is US$ 26 to 50 billion; –Losses to countries’ tax revenues are US$ 2 & US$ 4 billion. Economic losses across the global fish value chain Sumaila et al. (2020): Science Advances Geographic regionEconomicIncome Tax revenue* (US$ x 106) (US$ x 106)(US$ x World13,8773,3221,513Africa13,8773,3221,513106) - 20
Let’s look at the countries in West Africa, as defined on this map. These are 22 countries, from Morocco in the North to Namibia in the South; the western part of South Africa should also be included. Catches by legal foreign fleets • Europe, China and Russia are the main contributors to total legal catches; • European catches are declining while Chinese and Russian increase.catches Pauly & Zellers (2016) - 21
Catches by illegal foreign fleets • China is the main contributor to illegal catches today, the EU was the main contributor in the past; • China contribution to illegal increased.catches Pauly & Zellers (2016) • Shrimp; • Tuna; • Snappers; • Mackerel; • Seabream; • Yellow croaker. Pauly & Zellers (2016); Liddick (2014) 31 Types of WA fish that enter illicit trade Sumaila (2018) - 22
• Through how fish is transported for exports: It is estimated that about 84% of fish exported out of West Africa are transported in large refrigerated containers (Daniels et al., 2016); According to these authors, the concern with this mode of transportation is that containers are generally subjected to less stringent reporting requirements. Channel for illicit trade in WA fish Sumaila (2018) -
The use of reefers and transshipments: involves offloading catches from fishing boats onto large freezer and processing ships at sea; Reefer activities account for about 16% of fish exported from West African waters and about 35 fishing reefers were seen in West African waters in 2013 (Daniels et al., 2016); Most of these were operating under flags of convenience (Miller and Sumaila, 2014). Channel for illicit trade in WA fish Sumaila (2018)
32
•
33
23
What to do – policies and actions to curb illicit trade? • Raise awareness among the public, policy makers, businesses, the judiciary, etc. about the negative economic, social and ecological effects of illicit trade; • Improve national, regional and continental fisheries policies and legislation; • Harmonize and enforce laws and codes of practice regarding illegal and illicit dealings in fishery resources. Thanks for your attention! Thanks to CAPFISH for inviting me and - 24
The history and role of FAO in combatting IUU Fishing WMU-MOF-KMI CAPFISH Project First World19-22WorkshopOctober2021MaritimeUniversity, Malmö, Sweden Matthew Camilleri, Ph.D. FisheriesLeader Global and Regional Processes Alicia FisheriesFisheriesMosteiroOfficerGlobaland Regional Processes Day 1 | Presentation 1 - 25
Development of International Instruments International Instruments and Guidelines K. Arrigo - 26
Sound fisheries guaranteesmanagementthe long-term conservation and sustainable use of fisheries resources…. ….maintaining their diversity and availability for present and futureResponsiblegenerations Fisheries Management Objective and Consideration Adoption of Fisheries Regulations -Technical measures -Catch -Post-Capacity/EffortControlControl-Seasonalclosures-AccessControlharvestandtrademeasures Implementation + Enforcement Effective legal, administrative and institutional structures Management ManagementMonitoring,ReportingactionsControlandSurveillanceinpartnership Review Process Data Collection, Research and Analyses Fish stocks, ecology, environment, catch, effort, fishing operations, trade, processing, socio-economics etc. Formulation of Fisheries Policy and Legislative FrameworkInternationallaw+policyandregionalCMMs Matthew Camilleri, PhD Formulation of Management Plans Multidisciplinary and stakeholder participation The Fisheries Management Process Urp Urp Urg I I I I I - 27
Threatens the livelihoods of fishers and other stakeholders, and exacerbates malnutrition, poverty and food insecurity Takes advantage of corrupt administrations and exploits weak management regimes
Illegal, Unreported and Unregulated (IUU) Fishing fisheries and occurs in all waters
Fishing in areas or for fish stocks for which there are no conservation or management measures
Motivated by economic gain and may be associated with organized crime and linked to indecent working conditions and forms of slavery MMotot withaith li linkedkcon
Fishing by “Stateless” vessels
Urg
Fishing in convention areas of RFMOs by non-party vessels
Fishing activities which are not regulated by States
Urp
in
Found all types
Fishing and fishing-related activities conducted in contravention of national and international law, including other international obligationsI
Non-reporting, misreporting or under-reporting of information on fishing operations and their catches
ofan lFFoofi h i d - 28
Illegal, Unreported and Unregulated (IUU) Fishing
Poses a serious threat to marine ecosystems and undermines efforts to manage fisheries sustainably and conserve marine biodiversity
Flag State
•
- 29
ResponsibilitiesPortState Has the responsibility to:
Flag, Port, Coastal, Market State
Has the responsibility to: exercise effective jurisdiction and control over vessels flying its flag wherever they operate (in areas under national jurisdiction, in ABNJ and other States’ waters) ensure that their flagged vessels comply with CMMs Coastal State Has the sovereign right to explore, exploit, conserve and manage the resources in areas under its national jurisdiction Has the responsibility to adopt and effectively implement appropriate measures to conserve and manage those resources
•
Market State Has the responsibility to:
•
FlagState
Has to: exercise effective and control over vessels its they operate areas national in ABNJ and other States’ waters) ensure that their Has the to explore, exploit, conserve and manage the resources in areas under its national implement appropriate conserve manage those resources Has fish caught in IUU fishin g trade related Port State Has vessels in IUU or related activities from IUU fishing from the market rify that Information-sharingandcooperation
• improve transparency and ensure traceability of fish or fish products
*CAUNCLOS UNCCRFFSA DeclarationRome VG-FSP VG-CDSRecordGlobal 198219931995 2018201720052014*PSMA2009IPOA-IUU2001 VG-MFG # Binding * FAO discharges Secretariat responsibilities # ### parties168 parties42 parties91 parties69 International fisheries instruments and tools to combat IUU fishing VG-TS
• implement effective measures to verify that foreign flagged vessels entering its ports have not engaged in IUU fishing or related activities
•
• prevent fish caught by vessels identified to have been engaged in IUU fishing being traded or imported
• cooperate, including through RFMOs, to adopt multilaterally agreed trade-related measures (e.g. CDS)
• deny port entry or take other inspection / enforcement measures to prevent fish caught from IUU fishing from reaching the market
Enforcement M C S • Capacity and resources to: • Detect IUU fishing • Enforce regulations • Take action and prosecute Combatting IUU Fishing • Strong political will and concerted action, including through RFMOs, by: • Flag States • Port States • Coastal States • Market States Connection between IUU Fishing and Crimes in the Fishery Sector IUU Fishing Crimes associated with fisheries (not connected to fishing operations but take place within the fishing sector) fis(take pla fi intinthbutcopac ecatioFisheries-relatedissues/crimes (directly connected to fishing operations)onnecterectly fishingfishingoperationcoperation //ces UU Fi hingngF ociocicCrimCrimemewith ctedtoc es ithesasasafish (nototcconne fisheesossos assomes o withmesasherieseries (nootco ocrimeselateddFisheries-rees/cissueheriesrelcrues Crime Surveillance / Control Schemes Other Inspection / Control Schemes Fisheries MCSfishingandrelatedmattersWorkingGrouponIUUfortheFAO-IMO-ILOSecretariatresponsibilitiesFAOdischargesjointUNODC,IMOandILO.UNagencies,includingFAOworkscloselywithother - 30
Regional Fisheries Bodies OrganizationsManagementFisheriesRegionalRegionalFisheriesAdvisoryBodies FAO discharges Secretariat functions for: • 4 RFMOs • 7 RFABs • Regional Fisheries Bodies Secretariats’ Network - 31
*As at 15.10.2020 0% 10% 20% 30% 40% 50% 60% 70% 80% 90%100% Record of authorised vessels IMO number requirements Measures against IUU vessels and nationals Maintenance of the IUU vessels list Cooperation with other RFMOs/organizations Standardized vessel tracking technologies Jurisdiction and control over vessels by member flag States Measures against vessels without nationality Inspection schemes requirements Port State measures and information exchange Transshipment regulations Regional observer schemes Requirements of developing States Trade related measures Catch documentation schemes%RFMOs that adopted the CMM (global: based on 14 RFMOs) RFMO Conservation and Management Measures (IUU fishing) UN DevelopmentSustainableGoals - 32
Implementation of international fisheries instruments, mechanisms and tools directly contribute to achieving these Targets
Target 14.6. By 2020, prohibit certain forms of fisheries subsidies which contribute to overcapacity and overfishing, eliminate subsidies that contribute to illegal, unreported and unregulated (IUU) fishing (…)
Sustainable Development Goals SDG Indicator 14.6.1 01234 5 Small island developing States Least developed Sub-SaharancountriesAfrica Oceania (excluding Australia and New Zealand) Central and Southern Asia Eastern and South-Eastern Asia Latin America and the Caribbean Northern Africa and Western Asia Europe and Northern America Australia and New ZealandWorld Av. level of implementation: 1 lowest -5 highest Progress in the degree of implementation of instruments to combat IUU fishing 2018 -2020 2018 2020 - 33
Target 14.4. By 2020, effectively regulate harvesting, and end overfishing, illegal, unreported and unregulated (IUU) fishing and destructive fishing practices (…) to restore fish stocks (…) to levels that can produce maximum sustainable yield (…)
Information Exchange FAO Global Information Exchange Systems PSMA Information Exchange 1.PSMA Apps to share data on Designated Ports and National Contact Points (article 7 and 16) Currently: • 527 DSPs • 54 NCPs 2.Global Information Exchange System (GIES) (article 15 and 16) • Prototype presented at MoP3 • Preparations for launching GIES pilot version Global Record of RefrigeratedTransportVesselsandFishingVessels,SupplyVessels Supportingtheimplementationof thePSMA and other instrumentsto combatIUU fishing: • Verification of vessel and authorisation information • Risk analysis from historical and compliance information • Linkagebetweenvesseland portStateinspection informationand results • Parties and non-parties to international instruments • Other surveillance information (Coastal State) Preparations for launching GR v2 - 34
A collaborative global tool that gathers and disseminates through a unique access point, certified, relevant & up-to-date information on vessels used for fishing or in support of fishing activities. Goal: to combat IUU fishing through increased transparency and traceability Nature: a single hub for flag State fleet information (requested by COFI) Scope: all fishing and fishing-related vessels (transport, support and supply vessels): 1.That have an IMO number (as per IMO Resolution A.1117(3)) LOA 24m 12m LOA < 24 m that operate in waters beyond national jurisdiction 2.Whose products access international markets. FAO Global Record Data providers / Information Modules StateFlag CoastalState StatePort RFMO Vessel Details (5essential fields) XX Historical Details XX Authorisation Details XXX Inspection & surveillance XXX Port Entry Denial XX IUU listing X Content: • Six information modules (>100 data fields) • Provided by State’s relevant authorities • RFMOs have a role as channel of information • Five essential fields: minimum info required 5 Essential data fields UVI (IMO number) Current flag State Vessel Lengthnameoverall (LOA) GT or GRT FAO Global Record - 35
Fishing74%vessels Transport & SupplyNot3%vesselsspecified23% Vessel Type 24 71%m < 24 m, 18 m 27% < 18 m 2% Vessel size (LOA) Total no. of countries = 66 Total no. of vessels = 11,853 (<1/2 vessels with IMO numbers)(<35302520151050 AfricaAsiaEuropeLatin America & Caribbean Near EastNorth AmericaPacific 10 8 26 14 1 2 5 4 16 35 11 0 31 2 Number of countries % Vessels FAO Global Record Capacity Development - 36
Capacity Development for Combatting IUU fishing Policy legislationand MCS OperationalandproceduresInstitutionalset-upandcapacity Training Countries supported under the Global Capacity Development Programme - 37
Areas of Technical Support 0 5 10 15 20 25 30 35 NeedsCDS/traceabilityPSMALegalassessmentsupportLegaltrainingMCSsupportMCStrainingseminars 34 20 16 11 7 4 2 Number of countries FAO Websites on combatting IUU Fishing IUU Fishing PSMA Global Record - 38
Thank You any questions? - 39
The FAO Agreement on Port State Measures WMU-MOF-KMI CAPFISH Project First World19-22WorkshopOctober2021MaritimeUniversity, Malmö, Sweden Matthew Camilleri, Ph.D. FisheriesLeader Global and Regional Processes Alicia FisheriesFisheriesMosteiroOfficerGlobaland Regional Processes Day 1 | Presentation 2 - 40
Objectives
•
First binding international agreement to specifically target IUU fishing Main objective is to prevent, deter and eliminate IUU fishing by preventing vessels engaged in IUU fishing from using ports and landing their catches Reduces the incentive of IUU fishing vessels to continue to operate fisheries products derived from IUU fishing from reaching national and international markets
•
• Blocks
- 41
ImplementationandObjectivesofthePSMA
•
Status of the PSMA: 69 Parties Disclaimer: The boundaries and names shown and the designations used on this map do not imply the expression of any opinion whatsoever onth e part of FAO concerning the legal status of any country, territory, city or area or of its authorities, or concerning the delimitation of its frontiers and boundaries. Dashed lines on maps represent approximate border lines for which there may not yet be full agreement Implementation of PSMA Detection and Investigation Action and Prosecution Reporting and notification RecordGlobalTheofFishingVesselsCatchDocumentationSchemesMCS GIES - 42
1st meeting: tentatively November 2022, venue TBD PSMA CoordinationRegionalMeetings Tentatively planned for Asia: 4-8 April 2022 Pacific: 9-13 May 2022 Caribbean/LA: June 2022 Africa: July 2022
1st meeting: London, United Kingdom, 16 –18 April 2018
Meeting of the Parties (MOP) to the PSMA MOP 1: Oslo, Norway, 29–31 May 2017 MOP 2: Santiago, Chile, 3 –6 June 2019 MOP 3: Brussels, Belgium, 31 May –4 June (Virtual) MOP 4: Bali, Indonesia, 8-12 May 2023
1st meeting: Oslo, Norway, 1–2 June 2017
PSMA Strategy ad hoc Working Group
GlobalExchangeInformationSystem - 43
2nd meeting: Seoul, Korea, 15 –17 May 2019 3rd meeting: Tentatively June 2022, venue TBD
PSMA Part 6 Working Group –Requirements of Developing States
2nd meeting: Rome, Italy, 5 –6 July 2018 3rd meeting: Santiago, Chile, 7 June 2019 4th meeting: Bali, Indonesia, May 2023 Putting the PSMA into Action
PSMA Open-Ended Technical Working Group on Information Exchange
KEY STEPS/PROCESSES • Ratification/accession • Implementation+ • Information sharing FUNDAMENTAL ELEMENTS TO ELIMINATE IUU FISHING • Compliance • Cooperation • TransparencyInformation exchange network Electronic Why is information sharing important? Information Exchange PSMAArticle 6 -Cooperation and exchange of information Article 7 -Designated Ports (DPs) Article 8 -Advance request for port entry Article 9 -Port entry, authorization or denial Article 15 –Transmittal of inspection results (Parties/States, RFMOs, FAO and IOs) Article 16 –Electronic exchange of information 1.Info sharing mechanism coordinated by FAO 2.Contact point (NCP) 3.RFMOs to provide info on measures and decisions Article 20 –Role of flag States Annex A –Information to be provided in advance by vessels requesting port entry Annex C –Report of the results of the inspection Annex D –Information systems of port State measures - 44
PSMA GIES Parties at MOP2 and MOP3 • Work closely with RFMOs and other systems such as IMO GISIS, Equasisand Global Record • GIES as an integrated system • Modular and phased implementation approach • GIES to enter a pilot phase • Data protection, confidentiality &interoperability • Strengthen info exchange with relevant organizations at regional and international level • Components • Denial of entry or use of port & withdrawal of port denials • Inspection report • Flag State actions GIES application • Accessibility • Public: general information • Limited access: only Parties; summary information (risk analysis) • Full access: as per Article 15 • Functionalities • Manual online forms • Automated connection for near-real time exchange (GR, Nat.,Reg., Internat.) • Notifications (including non-Parties, as relevant) • Search functionality - 45
The PSMA Global Information Exchange System relevantOtherStateFlagentities C k informationCrosschhecknformatio SSu y informationcompliancemmaromplianceannformatioatio RegionalrecordsvesselNationalsystemsinformation (FS) Manual / Direct Input (FS) IHSMT FAO Global Record Data / accessinformationforGR (public) ati l i matnf systems (FS) NCPs DPs Data / accessinformationforGIES (restrictions to be defined) PSMA Global Information Exchange System (GIES)Nationalsystemsinformation (PS) RegionalSystemse-PSM Manual / Direct Input (PS) atio l info mati systems FAO information exchange Flag State PortLinkagesState with RFMOs Linkages with other systems Standards Official contact Procedurespoints - 46
Thank You any questions? - 47
ILO’s Role in the Fight Against IUU Fishing and the Work in Fishing Convention Part I – Labour issues in fishing, ILO, C188 Brandt Wagner Head Transport & Maritime ILO,SectoralPoliciesDepartmentUnitGeneva Day 1 | Presentation 3 - 48
Presentationswillcover Part MainI:labour issues in commericalfishing International Labour Organization(ILO) Normative approach, international Standards The ILO Workin FishingConvention (C188) history, contents Part II: ILO toolsto concerningC188, experiences ILO and IUU fishing ILO Goingforwardfishingprojects Advancing social justice, promoting decent work 39 million engaged in captures fisheries - 49
Special considerations with respect to labour conditions …. Fishing • MarineFishingenvironment - 50
• LabourFishingintensive • Hazardous occupation high fatality and injury rates Fishing - 51
• Long periods at sea WhoIsolationischecking conditions? Inability to get help Fishing • Fishers live and work on vessel Fishing - 52
• Share system • Self-employment • Lack of written contracts Fishing • Long working hours and fatigue Fishing - 53
• Limited trade union representation • Fragmented fishing vessel owner organizationsMigrantFishingfishers • Visas/workpermits • Recognition certification,ofetc. processrecruitmentand-Problemsassociatedwiththeplacement Fishing - 54
• ChildFishinglabourHazardouswork –likely to harm the health, safety or morals of children • Forced labour • Trafficking (starts with recruitment process) Fishing FL : “All work or service which is exacted from any person under the menace of any penalty and for which the said person has not offered himself voluntarily" - 55
• Problems: declining resources, IUU, fisheries crime, transnational crime Other issues • Piracy • Arrestsof fishers • Abandonment World Maritime News International Organizationfor Migration - 56
Diversity in global fishing fleet 1009080706050403020100 < 12 m12-23.9 m 24 m fleetworldofPercentage Length of fishing vessel in metres International Labour Organization Specialized agency of the UN DecentTripartiteWork - 57
Decent work in the fishing sector So what is the ILO doing? Normative RecommendationsConventionsInternationalapproach:labourstandards(andProtocol)bindingguidance -Backed by the ILO supervisory system - 58
International labourstandards -all -specific-specificworkersissuessectors Fundamental principles and rights at work (FPRW) –all workers: • Forced labour • Child labour • Discrimination • Freedom of association and collective bargaining Protocol of 2014 - 59
Before 2000 -7 standards History… ILO standards specifically for fishers ILO Standards for seafarers over 60 Conventions and someandsomeRecommendationsappliedtoshippingfishing could, toconsultation,afterbeappliedfishingBefore2000 Impact on national laws - 60
Maritime Labour Convention, 2006 -Fishingvesselsexcluded!Decisiontoconsolidateand update ILO standards for the fishingsector - 61
Preparation of ILO Work in ConventionFishing Recommendationand 20072005 11 SD Work in Fishing Convention, 2007 (No. 188) votes of 437 for, 2 votes against and 22 abstentions - 62
Work in Fishing Recommendation, 2007 (No. 199) • Preamble • Part I. Definitions and scope • Part II. General principles • Part III. Minimum requirements for work on board fishing vessels • Part IV. Conditions of service • Part V. Accommodation and food • Part VI. Medical care, health protection and social security • Part VII. Compliance and enforcement • Part VIII. Amendment of Annexes I, II and III • Part IX. Final provisions • 3 StructureAnnexesand content of C.188 - 63
Less stringent standards for smaller vessels or those at sea for less than three days. Higher standards for large (24 m) or vessels remaining more than three days at sea. 24 m Preamble - Objective of C.188: Fishers have decent conditions of work on board fishing vessels with regard to: • minimum requirements for work; • conditions of service; • accommodation and food; • occupational safety and health protection, medical care and social security. - 64
Preamble FPRWUNCLOS–but not in Articles Article 1 -Some key definitions Commercial fishing Fishing vessel FishingFisher Vessel Owner Fisher’s Work Agreement SkipperConsultation - 65
Art. 2 -Scope “This Convention applies to all fishersand all fishing vessels engaged in commercial fishing fishersoperations”commercial fishing Doubt? –Determination after consultation May extend provisions for larger vessels to smaller vessels, after consultation Arts. 3 & 4-Flexibility for different national situations Progressive implementation special problems of a substantial nature in the light of insufficiently developed infrastructure or institutions • Implement over time, not immediately • Applies to specific provisions listed • Not allowed for particular fishing vessels Exclusion possibility special problems of a substantial nature in the light of the particular conditions of service of the fishers or of the fishing vessels' operations concerned • Inland fishing vessels • Limited fishers or fishing vessels exclude from the requirements of this Convention, or from certain of its provisions Substantial equivalence • Certain hours of rest provisions • Certain accommodation provisions - 66
Art. 6 & 7 –Implementation, Coordination States shall… • Implement and enforce laws, regulations or other measures • Designate the competent authority or authorities and establish mechanisms for coordination among relevant authorities Art. 8 –Responsibilities of fishing vessel owners, skippers, fishers Fishing vessel owners • Ensure skippers are provided with the resources and facilities to comply with C.188. Skippers • Responsible for the safety of the fishers and the safe operation of the vessel. Fishers • Comply with the lawful orders of the skipper and applicable safety and health measures. - 67
Arts . 10-12 Medical examination • Fishers to have a valid medical certificate Art. 9 –Minimum age • 16 years of age (15 possible) • 18 years of age if dangerous work Vessels less than 24 m or at sea less than 3 days can be exempted Arts. 13 & 14 Manning and hours of rest • All vessels • Manned for safe operation and navigation • Fishers given sufficient rest …………………………………………………….periods • Vessels 24+ metres • Minimum manning set by competent authority • Vessels at sea more than 3 days • Minimum rest periods - 68
Whatare theseminimum rest periods? 10h in24h 77h in 7 days But: • Temporary exceptions possible • Alternative requirements possible • After consultation • Substantially equivalent • Extra hours possible for safety of vessels, persons, catch Art. 15 -Crew list • Vessels required to carry a crew list Arts. 16/20 -Fisher’s work agreement • Fisher’s must have the protection of a written work agreement • Work agreement must have minimum particulars, set out in Annex II Art. 21 -Repatriation • Fishers are entitled to repatriation from foreign port • Cost to be borne by the fishing vessel owner • Flag State to repatriate if owner fails - 69
Art. 22 -Recruitment and placement • Private recruitment and placement services must be licensed • No paying for job, no blacklisting • Provision on “private employment agencies” as employersReference to C.181 Art. 23 & 24 -Payment of fishers • Monthly or regular payment (if fisher is paid a wage) • Means to transmit payment to families at no cost • (R.199: 24 m+, fishers should be entitled to minimum payment...) Arts. 25 –28, and Annex III -Accommodation and food • Accommodation must be of sufficient size and quality • Food and potable water must be of sufficient quality and quantity • Food and water must be provided by the vessel owner at no cost to the fisher, unless part of agreement • Details on accommodation for new decked vessels in Annex AccommodationIII IIIincoveredNotAnnex Below 24m –generalrequirements Above 24m –more specific requirements Annex III “Grandfather” clause - 70
Accommodation –Annex III –new, decked vessels • General • Planning and control • Design and construction • Noise and vibration • Ventilation • Heating and air conditioning • Lighting • Sleeping rooms • Mess rooms • Tubs, showers,etc. • Laundry • Sick and injured fishers • Bedding, utensils • Recreational facilities • Communication facilities • Galley and food storage • Food and potable water • Clean and habitable conditions • Variations (for differing and distinctive religious or social practices) Western fishing vesselAsian fishingvessel24metres 24m = 300 gt - 71
Arts. 29-30 Medical care • Appropriate medical equipment and supplies • Fisher on board trained in first aid • Radio or satellite communications • Right to be treated ashore in a timely manner 24+ • Comp authinspects equipment, supplies • Approved medical guide, etc. Arts. 31-33 Occupational safety and health and accident protection • Training on handling of fishing gear • Reporting and investigation of accidents • Special consideration for fishers under 18 years old • Setting up of joint committees on OSH • Risk evaluation to be conducted • 24+ • On board procedures • Basic safety training • Protective clothing, etc. - 72
•
Vessels at sea for more than 3 days that are either 24 m or more in length or navigate more than 200 nautical miles from coast musthave a valid document stating the vessel has been inspected and complies with the Convention
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•
Flag State must exercise its jurisdiction and control over vessels that fly its flag by establishing a system for ensuring compliance with the requirements of this Convention… Effective system for inspection and appoint a sufficient number of qualified inspectors Use of “recognized organizations” is possible
•
Arts. 34-37 Social security • Fishers are entitled to social security benefits equivalent to other workers • Progressively provide social security to all • Bilateral, multilateral agreements Arts. 38-39 Protection in the case of work-related sickness, injury or death • Fishers must have access to appropriate medical care and compensation • Ensured by fishing vessel owners’ liability or • Compulsory insurance, workers’ compensation, other schemes • In absence of above, fishing vessel owner responsible for treatment in foreign country Arts. 40 –42 Compliance and enforcement
Arts. 43 –44 PortComplaintsStatecontrol may inspect foreign vessels No more favourable treatment RecommendationNo. 199 • Not binding • Guidance • Paragraph55 -rolefor coastalState 55. A Member, in its capacity as a coastal State, when granting licences for fishing in its exclusive economic zone, may require that fishing vessels comply with the requirements of the Convention. If such licences are issued by coastal States, these States should take into account certificates or other valid documents stating that the vessel concerned has been inspected by the competent authority or on its behalf and has been found to be in compliance with the provisions of the Convention. See related - 74
This vessel would be expected to meet these requirements • No fishers under minimum age, those under 18 protected • Medical certificates • Competent skipper (captain) • Minimum hours of rest (at least 10 hrsin 24 hrsand 77 hrsin 7 days) • Crew list • Written work agreements • Repatriation from foreign ports paid by fishing vessel owner • Fisher does not pay for job • If paid a wage (in part or whole), paid regularly • Accommodation , food, water meeting standard – grandfather clause re Annex III • Appropriate medical equipment, supplies, instructions, communications, fisher trained in first aid on board/right o treatment ashore in serious illness/injury • Safety and health training, risk assessment, accidents reported (safety committees sea/shore) • Social security protection (same as comparable workers) • Protection in case of work-related sickness, injury or death –at least until repatriation - 75
ILO’s Role in the Fight Against IUU Fishing and the Work in Fishing Convention Part II – Follow up to C.188, ILO and IUU fishing, and ILO’s ongoing work Brandt Wagner Head Transport & Maritime ILO,SectoralPoliciesDepartmentUnitGeneva 2007 ILC Resolutionswhenitadoptedthe Convention: • Resolution concerning promotion of the ratification of the Work in Fishing Convention, 2007 • Resolution concerning port State control (Convention No. 188) • Resolution concerning tonnage measurement and accommodation (Convention No. 188) • Resolution concerning promotion of welfare for the fishers - 76
Action Plan for ratification - 77
C.188 provision R.199 provision National law, reg or measure gap How to fill gap Gap analysis matrix Paper on use of flexibility clauses - 78
C.188 Article 22 report form Ratification C. 188 so far • Bosnia and Herzegovina • Argentina • Morocco • South Africa • Congo • France • Norway • Estonia • Angola • Lithuania • Denmark • Namibia • Netherlands • Poland • Portugal • Senegal • Thailand • United Kingdom of Great Britain and Northern Ireland • Antigua & Barbuda: Convention will enter into force on 28 July 2022 8 Date of entry into force: 16 Nov 2017 - 79
Flag and port State control guidelines -Adoptedby tripartite meetings of experts 2011 2017 ILO training package on inspection of labour conditions on board fishing vessels 2020 - 80
Some C.188 challenges • Scope (coverage of all commercial fishing vessels) • Medicalexamination and certification • Hoursof rest • Accommodation • Inspection–resource 2013WorkinFishingConvention,2007(No.188)–GlobalDialogueForumforthePromotionoftheissues - 81
International expert meeting on labour exploitation in the fishing sector in the Atlantic region (Oslo, Nov 2015)
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adopted • strengthens the international legal framework by creating new obligations to prevent forced labour, to protect victims and to provide access to remedy, such as compensation for material and physical harm.
2014 Protocol to the ILO Forced LabourConvention
Increased ILO attention of forcedlabourin the fishing sector
Led to the publication of the report Fishers First: Good practices to end labourexploitation at sea, which contributes to the discussion of the links between efforts to tackle IUU fishing and efforts to address labourabuse in the fishing sector.
• requires governments to take measures to better protect workers, in particular migrant laborers, from fraudulent and abusive recruitment practices and emphasizes the role of employers and workers in the fight against forced labour.
IUU
• Competitive pressures have large impact on types of labourused. Cost-cutting may lead to using low-cost migrants, who are more vulnerable to coercion and abuse.
• Fishers on IUU vessels face the risk of arrest. May also be subject to attack to steal catch. - 83
• Recruitingoftendifficultdue to substandardconditions –maylead to forcedlabour.
2017 ILO
• High degree of trans-boundary law enforcement coordination and cooperation necessary for effective compliance measures and law enforcement is lacking. Use of poor performance registers, use of ports with limited or no inspection authorities in place make it difficult to monitor and apprehend operators of IUU vessels.
• IUU vessels often lack safety equipment, hygiene standards and have poor quality food and accommodation.
Tripartite meeting on migrant fishers and fishing submissionto IMO III Subcommittee(2017) Underlyingcauses for a possible link:
ILO
ILO and IUU fishing
FAO/ILO/IMO
• FAO and IMO, together with ILO and relevant organizations and regimes… consider developing guidance to facilitate cooperation, coordination and information-sharing between authorities carrying out inspections in ports of the merchant and fishing sectors.
• The work of ILO and IMO, with respect to the issues of abandonment and fair treatment of seafarers, be extended to include fishers.
•
Projects - 84
• FAO, ILO and IMO work together on proposals concerning labourconditions at on fishing vessels, in particular with respect to forced labour.
Joint Ad Hoc Working Group on Illegal, Unreported and Unregulated Fishing and Related Matters (4th session) (October 2019) – ILO joins as full member Some recommendations:
FAO/ILO/IMO Secretariats, WMU, WFU, IMLI, ILO International Training Centre, any relevant UN-Agency such as IOC-UNESCO, others cooperate in a potential integrated capacity-building and technical cooperation programmeon IUU fishing and promotion of international instruments relevant to fishing, taking into consideration existing implementing tools and materials.
Combatting Unacceptable Forms of Work in the Thai Fishing and Seafood Industry 1.LegalObjectives:and regulatory framework (based on Protocol of 2014, C.188 3.Voluntary2.Labourinspectioncompliance initiatives 4.Empowered workers access, support services SEA Fisheries: Strengthened Coordination to Combat Labour Exploitation and Trafficking in Fisheries in SoutheastOutcomesAsia and activities: -Establish regional coordination body to support existing national bodies to improve coordination in combating trafficking in fisheries sector -Coordinate Strategies and actions plan to support the adoption of result oriented regional actionCommissionplan and conduct independent research and provide a platform for knowledge sharing and enhancing communication Advancing social justice, promoting decent work - 85
Ship to Shore South East Asia -Promoting regular and safe labour migration among South East Asian countries in the fishing and seafood processing sectors Advancing social justice, promoting decent work Objectives -Strengthen the legal, policy, and regulatory frameworks related to labour migration and labour standards, focusing on the fishing and seafood processing sectors in South East Asia. -Protect labour rights and promote safe and secure working environments for all migrant workers, from recruitment to the end of contract. -Empower migrant workers, their families, organizations, and communities to promote and exercise their rights. ILO training package on inspection of labour conditions on board fishing vessels -drawson ILO’s inspection guidelines, national experiences, ILO projects • Overviewof fishingsector, inspection issues, rolesof relevant authorities (maritime, labour, fisheries, etc. • Managers’ planning programme • Inspectors’ fieldtraining programme • Inspection of fundamentalprinciplesand rightsat work • Pre-training mappingexercise • Annexes –tipsfor training, examples, etc. on-lineComing:course - 86
labourthrough
• Global tool and protocols for detection of forced labouramong fishers.
• Description of obstacles to detection of forced labor in commercial fishing and the legal frameworks in which detection and enforcement regimes operate.
• Ability of (migrant) workers in the fishing sector to form and join trade unions of their choosing, and ability (or lack thereof) to bargain collectively to improve wages and working conditions;
• Initial focus on the fishing sector.
• Elements of detection programmes for front-line actors in commercial fishers-labor inspectors, fisheries managers, coast guards and navies, unions and worker advocates, employer associations and seafood buyers, due diligence assessors, policymakers and researchers.
• Variations on the tool and protocols for use by non-State actors including employers and their associations, workers and their organizations, and nongovernmental organizations, with training guide and teaching materials for inspectors (and other front-line actors) charged with detecting forced labor in fishing. - 87
• Addressing the issue of flag State’s responsibility to ensure respect of human and labourrights on board fishing vessels (e.g. flag of convenience, repatriation of crew);
• Global detection tool and protocols for adaptation and use by authoritesand others coming into contact with fishers.
• Developing an international mechanism for the repatriation of stranded crew, in close collaboration with ITF.
• At the end of the initial phase, a number of countries exercising different forms of jurisdiction in forced labourcases (i.e. fisher country, transit country, flag State country, port State, and market State) will have committed to joint efforts to eliminate forced labourin the fishing sector.
• Inclusion of labourrights and prevention of forced labourconsiderations into efforts to combat Illegal, unreported and unregulated (IUU) fishing on board fishing vessels ;
• Adviceon bilateralagreementsconcerningmigrant if fishers.
Othertoolsbeingdeveloped:
• Possible issues include:
Accelerator Lab 8.7: Intensify action against forced labourand child innovation
• Identify initiatives and tools developed by ILO and other partners, including collective bargaining, that have proved to effectively address forced labourin the fishing sector.
UN cooperationinter-agency ILO participatingin • IMO CTA promotion events • FAOPSMA promotion events • FAO/ILO/IMO joint workinggroup on IUU and relatedmatters - 88
Wayforward: Ratification and implementation of Work in Fishing Convention, 2007 (No. 188) fishing –gap anaylsis, revising legislation, establishing/improving enforcement. Promote application of Fundamental Principles and Rights at Work in the fishing sector. Ratification and implementation of the CTA, STCW-F and PSMA. •Improved coordination of efforts to address labourconditions, safety and illegal fishing at the international, regional and national levels. •Awareness raising, capacity www.ilo.org/fishingbuilding. - 89
WMU-MOF-KMI CAPFISH PROJECT – FIRST WORKSHOP The IMO’s role in the fight against IUU fishing and the 2012 Cape Town Agreement World Maritime University (WMU) Malmö 19 October 2021 Sandra Rita Allnutt Head, Marine Technology and GBS Department of Partnerships and Projects Day 1 | Presentation 4 - 90
Presentation topics Safety of fishing vessels IMO/FAO/ILO working together: non-mandatory instruments 1993 Torremolinos Protocol 2012 Cape Town Agreement FAO/ILO/IMO Joint Working Group on IUU Fishing Measures to be taken Safety of fishing vesselsLiveslostratiobetweenmerchantshipsandfishingvessels It is very difficult to calculate the casualty rate of fishing vessels due to the lack of comprehensive international Thestatisticscasualty rate of fishing vessels is more than 10 times higher than that of merchant ships - 91
Safety of fishing vessels Link between safety, IUU fishing and working conditions on board fishing vessels tendtoneglectotherinternationalrequirements.unscrupulousowners/operatorsneglectingsafetystandardsandlivingconditionsonboard.ThisisduetothefactthatIllegal,UnreportedandUnregulated(IUU)fishingandworkingIthasbeenrecognizedthelinkbetweensafety,fightagainst IMO/FAO/ILO working together The safety of fishermen and fishing vessels forms an integral part of the UN’s 1962mandate – FAO, ILO and IMO started working together Initial focus developmentonof the Code of Safety and the Voluntary Guidelines - 92
IMO/FAO/ILO working together Inthe2000’s, ProtocolcooperationwithFAOandILO,inadditiontoitsefforttoeffectthe1993TorremolinosIMOhasdeveloped/revisednon-mandatoryinstruments,in • CodeofSafetyforFishermenandFishingVessels,2005 PartA:Safetyandhealthpractice (forskippersandcrew) Allvessels PartB:Safetyandhealthrequirementsfortheconstructionandequipmentoffishingvessels Vesselsof24minlengthandover • smallfishingvessels,2005VoluntaryGuidelinesforthedesign,constructionandequipmentof 12minlengthandover,butlessthan24m • metresinlengthandundeckedfishingvesselsSafetyrecommendationsfordeckedfishingvesselsoflessthan12 Lessthan12minlength Comparison of the scope of measures Safety of fishing vessels Scope of measures TorremolinosCode BGuidelinesRecommendations General Manning,CrewNavigationalRadioEmergencyLife-savingProtectionFireMachinery,StabilityConstruction,provisionsequipmentelectricalinstallationsprotectionandfirefightingofthecrewappliancesprocedures,safetytrainingcommunicationsequipmentaccommodationtraining&competence - 93
Safety of fishing vesselsImplementation Guidelines • IMO,recognizingtheneedtoassistcompetentAuthoritiestoimplementpartBoftheCodeofSafetyforFishermenandFishingVessels,theVoluntaryGuidelinesandtheSafetyRecommendations,instructedtheSLFSub-CommitteetopreparethedraftImplementationGuidelines • 2011,referredtoFAOandILOforconcurrentapprovalGuidelinesandtheSafetyRecommendationswasapprovedbyMSC89inTheImplementationGuidelinesonPartBoftheCode,theVoluntary • crew,enforcementofregulationsandoperationalsafetylegalimplications,administrativerequirements,capacity-building,trainingofTheImplementationGuidelinescoversthedevelopmentofasafetystrategy, TorremolinosTorremolinosProtocolProtocol of 1993 relating to the Torremolinos International Convention for the Safety of Fishing Vessels, 1977 Adopted by the International Conference on Safety of Fishing Vessels (Torremolinos, Spain -22 March to 2 April 1993) • fishingvesselswhichcanbeimplementedbyallStatesconcernedEstablishmentofthehighestpracticablestandardsforthesafetyof • andover(newvessels,inprinciple)Appliestofishingvesselsof24m(insomecases45m)inlength • agreements(ortheCodeofSafety)mayapplyForfishingvesselsbetween24mand45minlength,regional • fishingvesselsover24mEntry-into-forcerequirements:15ratifications,aggregating14,000 • Ratification:17States,approximately3,000vessels - 94
Torremolinos Protocol Contracting States to the 1993 Torremolinos Protocol IcelandGermanyDenmarkBulgariaCroatia*Cubak*France*y*d*IrelandItaly NorwayNetherlandsLithuaniaLiberiaKiribatis*y*SaintKittsand Nevis * Spain Sweden* * Contracting States to the 2012 Cape Town Agreement 2012 Cape Town Agreement Cape Town Agreement of 2012 on the Implementation of the Torremolinos Protocol of 1993 relating to the Torremolinos International Convention for the Safety of Fishing Vessels, 1977 (the Agreement) (CapeTown,SouthAfrica,9to11October2012)AdoptedbytheInternationalConferenceonSafetyofFishingVessels • provisionsofthe1993TorremolinosProtocolAgreementpreparedinordertoexpeditetheentryintoforceofthe • 3,600vessels,haveexpressedtheirconsenttobeboundbyitof24minlengthandoveroperatingonthehighseasisnotlessthannotlessthan22States,theaggregatenumberofwhosefishingvesselsTheAgreementwillenterintoforce12monthsafterthedateonwhich • tobringtheprovisionsofthe1993ProtocolintoforceAgreementsignificantlyloweredthenumberofvessels(14,000)required • supportthosepartytothe1993ProtocolAsimplifiedacceptanceprocedurewasincludedintheAgreementto - 95
2012 Cape Town Agreement Cape Town Agreement of 2012 on the Implementation of the Provisions of the Torremolinos Protocol of 1993 relating to the Torremolinos International Convention for the Safety of Fishing Vessels, 1977 • Amendments to the 1993 TorremolinosProtocol (main points) • Administration may exempt vessels engaged solely in its exclusive economic zone (EEZ) • the use of equivalence of length to gross tonnage • the concept of progressive implementation of the Protocol, that would give time for countries to prepare for the implementation of the provisions of the Protocol • othertechnicaland legal issues 2012 Cape Town Agreement Contracting States to the 2012 Cape Town Agreement Germany*France*FinlandDenmark*Croatia*CookCongoBelgiumIslands SaintPeruNorway*Netherlands*Iceland*Kittsand Nevis* Sao Tome and Principe overoperatingonthehighseasequivalenttoAggregatednumberoffishingvesselsof24minlengthandSouthSpain*Africa 1,907 * Contracting States to the 1993 Torremolinos Protocol - 96
Supporting the implementation of the 2012 Cape Town Agreement AgreementhavebeenheldinBelize,CookIslands,CostaRica,CôteTodate,regionalseminarsontheImplementationofthe2012CapeTownregionalseminars,incooperationwiththeFAOSecretariatSinceadoptionthe2012CapeTownAgreement,IMOhasheldanumberof d’Ivoire, TofurtherencourageratificationoftheCapeTownAgreement,theIMOGhana,Indonesia,Morocco,PeruandSouthAfricaAssembly,atitstwenty-ninthsession, adoptedresolutionA.1107(29) assistanceappropriateactioninthisrespect,includingprovidingnecessarytechnicalAgreementtoinformIMOsothatconsiderationcanbegiventotaking(2)inviteGovernmentsexperiencingdifficultiestobecomingPartiestotheAgreementattheearliestpossibleopportunity;and(1)urgeGovernmentstoconsideracceptingthe2012CapeTownto: Regional Seminars and Assembly resolution Supporting the implementation of the 2012 Cape Town Agreement collectionofdatarelatedtothefishingsectorharmonizedregimetoexercisecontroloverforeignflaggedfishingvesselsandbetterandobjectivesonfishingrelatedmatters,includingtheestablishmentofainstrumentscanassistStatesandinternationalorganizationsinachievingtheirgoalsEducateonhowthe2012CapeTownAgreementandotherFAO,ILOandIMOindustryandtheenvironmentandhowthe2012CapeTownAgreementcanaddressdangerousworkingconditionsoffishers,thehighnumberoffatalitiesinthefishingAddresstheimpactillegalfishinghasonthemostvulnerablesocieties,theglobalregulatoryframeworkapplicabletofishingactivitiesPromoteratificationofthe2012CapeTownAgreementtostrengthensafetyandthetheseandotherissues Ministerial Conference on Fishing Vessel Safety and Illegal, Unreported and Unregulated Fishing (Torremolinos, Spain, 21 to 23 October 2019) - 97
Supporting the implementation of the 2012 Cape Town AgreementTorremolinos Declaration Supporting the implementation of the 2012 Cape Town Agreement Theresolution:CalledonStatestoratifytheCapeTownAgreementUrgedStatestotakeactionstoprevent,deterandeliminateIUUfishingEncouragedStatestoratifyandpromotetheSTCW-FConventionontrainingoffishingvesselpersonnelCalleduponFAO,ILOandIMOtocontinuetoworktogetherinthefishingsectorRequestedIMOtocontinuetoprovidetechnicalassistancetoStateswhorequestitinordertoaccedetoandimplementtheAgreement Torremolinos Statement - 98
Supporting the implementation of the 2012 Cape Town Agreement Webinars:acceptanceandeffectiveimplementationoftheAgreementHelptoidentifyanybarriersthathinderprogresstowardsthewidespreadorarecurrentlyintheprocessofdoingsosharelessonslearnedfromStatesthathavealreadyratifiedtheAgreement,ProvideaplatformtogetmoreinsightintotheCapeTownAgreementandLatinAmericaandCaribbeanRegion(23to24November2020)AfricaRegion(23to24February2021)NorthAfricaandMiddleEast(13to14April2021)EuropeandWesternAsia(21and22June2021)PacificRegion(22and23July2021) Regional webinars on fishing vessels safety Timeline for the entry into force of international safety provisions for fishing vessels - 99
4th FAO/ILO/IMO Joint Working Group on IUU Fishing and other related matters (Torremolinos, Spain – 23 to 25 October 2019) IUU Fishing Recommendations: • coordinationandinformationsharingforinspectionPromoteandsupportthedevelopmentofwaystoincreaseproceduresatnationallevel • IUUfishingandonpromotionofrelevantinternationalcapacity-buildingandtechnicalcooperationprogrammeonShareinformationandexperienceforapotentialintegratedinstruments • extendedtoincludefishersIssuesofabandonmentandfairtreatmentofseafarers,be 4th FAO/ILO/IMO Joint Working Group on IUU Fishing and other related matters (Torremolinos, Spain – 23 to 25 October 2019) IUU Fishing (cont…) Recommendations: • fromships,FAOandILOmembersandobserverstoforwardHavingnotedtheIMOActionPlanonmarineplasticlitterrelevantviewstoIMO • allocationofthenumbersvessels,considertakingappropriateactionforeffectiveWithregardtotheallocationofIMOnumberstofishing • ResolutionA.1117(30) grosstonnageandabovevesselsofsteelandnon-steelhullconstructionover100Scheme(extendtheIMOnumberschemetofishingIMOShipIdentificationNumber - 100
4th FAO/ILO/IMO Joint Working Group on IUU Fishing and other related matters (Torremolinos, Spain – 23 to 25 October 2019) IUU Fishing (cont…) Recommendations: • authoritiesintheimplementationoftheCapeTownIMOconsiderdevelopingguidancetoassistcompetentAgreementof2012 • Philippines,RepublicofKorea,SouthAfrica,Spain,interestedparties(Canada,China,Iceland,Indonesia,AdraftguidanceisindevelopmentbyagroupofUnitedStates,FAO,ILO,ITF,PewandWMU)forconsiderationanddecisionoftheMaritimeSafetyCommittee Conclusions: measures to be taken andnationalseminars,capacitybuildingandtrainingTechnicalCooperationactivitiesshouldbestrengthened:regional-The2012CapeTownAgreement-FAOPortStateMeasuresAgreement;and-ILOWorkinfishingConvention2007(No.188);-TheSTCW-FConvention,1995;Introductionofinternationalmandatoryframework:213 incooperationwithFAO,ILOandIMOCompetentAuthoritiesaswellasbyindustry/industryorganizations,Implementationofvariousinstruments,byAdministrationsand/or - 101
Thank you for your attention www.imo.org - 102
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Fighting IUU fishing An OECD perspective on policy priorities Claire Delpeuch, OECD Trade and Agriculture Directorate WMU-MOF-KMI CAPFISH Workshop on IUU fishing Wednesday, 20 October, 2021 1 Day 2 | Presentation 1 - 105
2 PresentationoutlineI.TheOECDFisheriesCommittee (COFI) II. Why focus on IUU fishing? III. Supporting adoption of best policies & practices against IUU fishing IV. Eliminating support to IUU fishing V. Supporting the role of RFMOs during the COVID-19 pandemic 3 I. The OECD Committee of Fisheries (COFI) - 106
The OECD FisheriesCommittee(COFI) •OECD focus on ‘Better policies for better lives’ • Help governments establish good policies to achieve environmentally sound fisheries and sustainable aquaculture that support resilient communities, provide quality food and secure livelihoods • Contribute to a more robust evidence base for policy making • Evidence-based analysis and peer-learning Biennial flagship report: the OECD Review of Fisheries 4 Overview • Established in 1961 • 38 member countries & 7 partner economies, accounting for 53% of marine capture and 35% of fish commodities consumption Objectives of the COFI 5 Fisheries performance • Socio-economic indicators: value of landings, employment, trade, fleet • Fish stock status indicators : biological situation + objectives such as maximisingcatch volume Fisheries management • Management tools: use of Total Allowable Catch limits (TAC) + other output & input controls (fishing closure period, capture size control) • IUU indicators: use of internationally-recognisedbest practices Fisheries support • Fisheries Support Estimate (FSE) database and indicators • Direct support to fishers (based on income, input use) + Financing of services to the sector (infrastructure, marketing, promoting, R&D, MSC) Policy recommendations are based on data reported by governments A unique set of data and indicators FAO - 107
6 II. Why focus on IUU fishing? Whyfocus on IUU fishing? 7 Damaging techniques and targeting of endangered species harm resourcesmarine&ecosystems IUU fishing weakens governments’ capacity to manage fisheries sustainably Pressure on fish stocks resulting from IUU fishing harms law-abiding fishers throughcompetitionunfair IUU fishing threatens food security by diverting fish away from local markets and regions that depend on them IUU fishing often endangers fishers as part of transnational crimes (human rights abuse,trafficking)corruption, The fight against IUU fishing is central to fisheries management and international cooperation SDG 14 WTO PrioritynegotiationsforRFMOs - 108
8 UndeterminedUnfavourableFavourable%1009080706050403020100assessed stocks BiologicalUndeterminedFavourablestatusUnfavourable Source: OECD Review of Fisheries 2020 The status of assessed fish stocks In 2019, among 1 119 individual stocks reported by 30 countries and economies, 23% of stocks were in unfavorable condition 9 III. Supporting adoption of best policies and practices against IUU fishing - 109
Vesselindicatorsregistration
by which countries collect and publiciseinformation on vessels operating in their exclusive economic zone (EEZ) or flying their flag
Best policies & practices to fight IUU fishing: the OECD IUU
Authorisationto operate in the EEZ by which countries, as coastal states, regulate fishing and fishing-related operations in their EEZ
Authorisationto operate outside the EEZ by which countries, as flag states, regulate the operations of vessels flying their flag in ABNJs and in foreign EEZs
International co-operation by which countries engage in regional and global information sharing and joint activities against IUU fishing
FAOagreementsinternationaloutlinedregulationelementsFocusing2018.implementedandpunishdeter,regulationwhetherrespondentstheyhadinplacetoidentifyandIUUfishinghowwellitwasinonkeyofasinsuchasIPOA-IUU. 10 The survey covered 27 OECD Member countries & 6partner economiesMexico Netherlands New ChinaArgentinaUnitedUnitedTurkeySwedenSloveniaPolandNorwayZealandKingdomStates(People'sRepublic of) Chinese VietThailandIndonesiaTaipeiNamLithuaniaLatviaKoreaJapanItalyIrelandGreeceGermanyFranceEstoniaDenmarkCostaColombiaChileCanadaBelgiumAustraliaRica - 110
Port state measures by which countries monitor and control access to and activities at port Market measures by which countries regulate how products enter the market and flow through the supply chain and economically discourage IUU fishing
Based on a survey asking
Uptake of best policies and practices against IUU fishing, 2018 12 1.00.90.80.70.60.50.40.30.20.10.0 Vessel registration Authorisation to operate in the AuthorisationEEZtooperateoutsidetheEEZ Port measures Market measures International co-operation All respondents (average) All respondents (max) All respondents (min) OECD countries (average) Emerging economies (average) 13 Most notable area of progress since 2005 :Most notable area of progress : adoption of Port State Measures Areas of progress – Port State Measures 00.10.20.30.40.50.60.70.80.9 1 Ports for use by foreign vessels are designated Foreign vessels need to request port entry in advance Vessels suspected of IUU fishing can be denied access to port A risk-based approach is taken to prioritise inspections Targets are set for port inspections The port state measures of relevant RFMOs are adopted and implemented Average score 2018 2005 - 111
14 Otherareas of progress Progress in registration and authorisation processes • While only 57% of respondents required fishing vessels to be registered in 2005, all did so in 2018 • While in 2005, only 36% of respondents prohibited parallel registration of vessels in more than one country, 93% did so in 2018 Progress on some market measures • While in 2005 only 38% of respondents reported they could reject products originating from IUU fishing at the border,all did so in 2018 15 Areas for improvement Vesselregistration Registration is required universally but there remains scope for improvement: UVI • Vessel change flags or names to escape global oversight • Assigning vessels a unique, verified, permanent identifiers (such as the IMO number) can facilitate vessel monitoring, control and surveillance • 24% of countries surveyed did not require an IMO number to register fishing vessels BeneficialOwner • Hard to find the people who ultimately control & benefit from vessel activities • Collection of information on beneficial owner during registration is crucial • 36% of respondents have no legal provisions to collect information on beneficial owners of vessels + many report difficulties in implementing them - 112
16 Areas for improvement – Transparency Information on vessels is often not publicly available in spite of its importance for monitoring activities 19% 59%List22% of domestic vessels found to engage in IUU fishing fully nopartiallypublicizedpublicizedregulation 24%12%List64%of vessels authorized to conduct fishing-related created activities in the high seas fully nopartiallypublicizedpublicizedregulation 17 Areas for improvement The regulationof fishing-related activities Fishing-related activities remain in a blind spot due to weaker regulation •Transshipment of fish or provision of fishing inputs between fishing vessels and cargo vessels at sea to reduce fishing cost and time What are they? •Pervasive in the high seas but hard to monitor •Easily co-mingle IUU and non-IUU caught fish, which blurs traceability and hides different illegal practices Why they important?are •In 21% of surveyed countries, fishing related activities in the high seas are not conditional on obtaining an authorisation •In 24% of surveyed countries, reporting of transshipment is not mandatory How they managed?are - 113
Areas for improvement – Marketmeasures 18 Market measures aim to • Lower the benefits from IUU fishing • Increase the financial risks associated with IUU fishing by closing their access to the market But some measures are not yet universally used e.g. cutting public support to IUU fishing 020406080100 Public support can be cut for operators convicted of IUU fishing IUU is considered as a predicate offence to money laundering Co-operation is mandated between tax and fisheries authorities Campaigns are led to raise awarness on IUU Imports from countries insufficiently fighting IUU fishing can be restricted IUU products can be rejected at the border Seafood imports must have a certificate of origin % respondents Measure is in use Measure should be used but is not fully implemented Measure is not used Measure is not applicable 19 V. Eliminating support to IUU fishing - 114
Longobjectivesstanding
Eliminatingsupport to IUU fishing possible waysforward
21
Repurpose support that risks contributing to IUU fishing
objective • (2015)
to IUU fishing
fishing • (2002)
Make support conditional on The use of vessel monitoring systems, the use of unique vessel identifiers (UVI) and provision of information on vessel beneficial owners
•
Increase transparency on support recipients
-
Eliminatingsupport
• Need
To facilitate the identification of support to be recovered, by cross-checking information with IUU vessel lists 115
Such as fishing authorisation withdrawals, non-eligibility periods, requests for repayment of support
fishing 20 • Lowering
Why is important?it • (2001) FAO
However, at the end of 2020, over 40% of the economies covered in the OECD Review of fisheries 2020 reported not having or implementing regulation to restrict support to IUU net profits from IUU fishing is key to progress in the fight against it to prevent public resources being used to support illegal activities Support to illegitimate practices can undermine the credibility of the fisheries sector voluntary IPOA-IUU called on countries to avoid support to IUU The draft plan for the World Summit on Sustainable Development refers the IPOA-IUU UN SDG 14 calls for eliminating and prohibiting support to IUU fishing in Target objective of WTO negotiations on fisheries subsidies
Support that reduces the cost of fishing is most likely to encourage increased fishing effort, and IUU fishing in particular. To avoid supporting IUU fishing, countries could stop subsidizing fishing fuel, vessel construction and modernisation and instead provide direct income support to fishers in need.
Use appropriate mechanisms to exclude fishers from support in cases of IUU fishing
14.6 • On-going
22 VI. Supporting the role of RFMOs during the COVID-19 pandemic RFMOs& the fightagainstIUU fishingamidCOVID-19 • Over 2/3 of RFMOs have reduced in-person/on-board observation of vessels e.g. pacific tuna fisheries • Disturbances to regular decision-making reported by almost all RFMOs Highlights structural needs for improved decision-making and resilient MCS capacity 23 The COVID-19 has led to reduced MCS capacity among RFMOs to fight IUU fishing: • Uptake of remote monitoring technologies (e.g. satellite data) • Improve procedures for the use and sharing of data (including mutual recognition of IUU vessel lists) • Co-ordination in data collection processes and standards RFMOs can better combat IUU fishing through: - 116
Find out more about our work Read the OECD Review of Fisheries 2020 Download associated Country Notes Read the policy brief COVID-19 and multilateral fisheries management Contact us #@tad.contact@oecd.orgOECDagricultureOECDFishReview 2524Questions ? - 117
26 Access all of the fisheries & aquaculture information from the Trade & Agriculture Directorate at: www.oecd.org/tad/fisheries You can reach us via e-mail by sending your message to the following address: tad.contact@oecd.org We invite you to connect with us on Twitter by following: @OECDagriculture We look forward to hearing from you! Contact us - 118
Socio-economic Considerations of IUU Fishing and Implementing Effective Counter Measures A Presentation at: WMU-MOF-KMI CAPFISH Project First Workshop 19-22 October 2021 World Maritime University, Malmö, Sweden © Andrew Baio, PhD Associate Professor (Fisheries Economics/Blue Economy & Ocean Governance) University of Sierra Leone Day 2 | Presentation 2 - 119
2.You do not have to be a fishing operator to be culpable of engaging in IUU fishing. If for example, your food preference serves as an incentive to the operator to engage in IUU fishing, you are equally culpable. Or if you purchase illegally acquired products, then you are an accomplice liable to punishment under the law.
1.IUU fishing does not only take place at the fish capture node of the fish value chain. Rather, it is pervasive across the entire value chain which warrants a value chain approach to socio-economic and environmental impact assessment.
A couple of opening statements
3.The bio-physical, social and economic considerations of the impact of IUU fishing should not be done in isolation. But rather, the triangulation of the 3 perspectives provides a more wholesome treatment of the concept in order to capture the diversity of forms it could take and the wide-ranging impacts it could have on the environment and societal wellbeing. - 120
Layout 4.Concludingremark3.Countermeasures(Internationalinstruments;Additionalcountermeasures)2.a.SocialconsiderationsinIUUfishing1.Definition(wide-rangingimpactofIUUfishing)Statementstosetthestageb.EconomicconsiderationinIUUfishing(Valuechainapproach)
1.Definition IUU Fishing is the failure to adhere to formal rules and regulation in the fisheries sector. Kuperan and Sutinen, (1998) termed it “Blue Crime”. Another dimension is that, such criminal activities have the inclination of being associated with other illegal commodities, like drugs, arms, and human trafficking. The corruption IUU fishing nexus which explores the linkages between institutional corruption at all levels (international, regional & national) and fisheries crimes, depicts the pervasiveness of the menace - found in all sorts and scopes of fisheries occurring on the high seas and or in national waters across the fish value chain
The High Seas Task Force (2006) -has been unequivocal about the ills of IUU Fishing in these words - “IUU fishing is detrimental to the wider marine ecosystem because it flouts rules designed to protect the marine environment which includes restrictions to harvest juveniles, closed spawning grounds and gear modification designed to minimise bycatch on non-target species. In so doing, they reduce the availability of an invaluable protein source for some of the world’s most impoverished communities and enfeeble the livelihoods of millions of fishermen; incursions by trawlers into the inshore areas reserved for artisanal fishing can result in collision with local fishing boats, destruction of fishing gear and deaths of fishermen.”
FAO’s International Plan of Action on IUU Fishing (IPOAIUU), Describes IUU fishing as follows (High Seas Task Force 2006): Illegal fishing refers to activities:
2. Conducted by vessels flying the flag of States that are parties to a relevant regional fisheries management organisation but operate in contravention of the conservation and management measures adopted by that organization and by which the States are bound, or relevant provisions of the applicable international law; or 3. In violation of national laws or international obligations, including those undertaken by cooperating States to a relevant regional fisheries management organisation. - 121
1.Conducted by national or foreign vessels in waters under the jurisdiction of a State, without the permission of that State, or in contravention of its laws and regulations;
Unreported fishing refers to fishing activities:
Estimation of IUU is difficult due to the fugitive nature of the practice. However, a number of estimates have been made.
Pauly and Zeller (2015) catch reconstructions reports that although FAO fisheries statistics suggest an increase in global marine fisheries catches to 86 million tonnes in 1996, followed by a slight decline, actual catches may have peaked at 130 million tonnes, with a much stronger subsequent decline. The inference made in this document is that the 51 % shortfall in FAO statistics is due to IUU fishing, although this amount cannot necessarily be readily recouped for the economic benefits of fishing nations and coastal states. - 122
2. In areas or for fish stocks in relation to which there are no applicable conservation or management measures and where such fishing activities are conducted in a manner inconsistent with State responsibilities for the conservation of living marine resources under international law.”
1.In the area of application of a relevant regional fisheries management organisation that are conducted by vessels without nationality, or by those flying the flag of a State not party to that organisation, or by a fishing entity, in a manner that is not consistent with or contravenes the conservation and management measures of that organisation
2.Undertaken in the area of competence of a relevant regional fisheries management organisation which have not been reported or have been misreported, in contravention of the reporting procedures of that organisation.
Unregulated fishing refers to fishing activities:
MRAG (2005) puts the global estimate of IUU catches at 16 million tonnes in 2002 (roughly 20% of global catch) valued between US$2.4 and $9.5 billion. Agnew et al. (2009) indicate that at least 20 % of seafood worldwide is caught illegally representing estimated economic losses of between US$10 and $23 billion and an effective catch forfeit of between 11 and 25 million metric tons of fish per year. Another estimate of the economic scale of global pirate fishing is US$ 9 billion (Stop Illegal Fishing, 2008).
Some Estimates
1.Which have not been reported, or have been misreported, to the relevant national authority, in contravention of national laws and regulations
Forms of IUU fishing The following forms of IUU fishing which may not be exhaustive and varies from one region to another: • Fishing without an observer on board. • Failing to operate a vessel monitoring system • Fishing endangered species. • Taking fish in excess of quota. • Using prohibited gear and methods including use of explosives and poison. • Illegal transshipment. • Unauthorised fishing in closed areas/seasons. • Illegal fishing by foreign vessels. • Fishing with false licenses or vessel registration. • Non-reporting/misreporting of catches. • Landing in unauthorised ports. • Incorrect description of exports • Illegal life history stage, juvenile capture IUUfishingandsmall-scalefisheries discouragedinthefightagainstIUUfishing.Someofthesepracticesinclude:Small-scalefisheriesoperatorsdoengageinsubversiveactivitieswhichmustbeUseofexplosivesinfishingUseofpoisoninfishingDestructivefishinggears(smallmeshes)TargetingJuvenilesUnregisteredcraftsevadingtaxesFishingonbreedinggroundsinshelteredareasPoorlyreportedstatisticsandecologicalimpactChildlabourinfisheriesDrugandcontrabandtrafficking - 123
2a. Socio-economic considerations of IUU fishing Social Impact
evaluationofsocialimpactofIUUfishing:(2003:4)suggestedalistofvariablesforsocialimpactassessmentapplicabletotheasinteractionswiththesocio-cultural,economicandbiophysicalsurroundings.VanclayThefocusisonchangesbroughtaboutbyIUUfishingimpactingonlivelihoodsaswell
People’s Theircultureandculturalheritage-thatis,theirsharedbeliefs,customs,customaryeat,theirabilitytopursuetheirlivelihoodsTheirfoodsecurityandlivelihoods-theavailabilityandqualityofthefoodtheyanotheronadayto-daybasis;wayoflife-thatis,howtheylive,work,playandinteractwithonepractices,kinshipties,values,andlanguageordialect;Theircommunitystructureandorganisation-itscohesion,stability,character,organisationalintegrity;
Theirhealthandwellbeing-includesphysical,mental,socialandspiritualwater,soils,thatpeopleuseandthelevelofhazardorrisktheyareexposedto;Theirenvironmentalquality-thequalityoftheenvironmentincludingtheair,forgovernanceinteractions;thequalityoflocalandcustomarygovernancesystems;andtheresourcesprovidedparticipateindecisions;thelevelofinteractionwithandsupportfromgovernment,Theirpoliticalandgovernancesystems-theextenttowhichpeopleareabletopowerdynamicsthatexistbetweenthem;andcommunity,thedivisionoflabour,accesstoanddistributionofresourcesandGenderrelations-howmenandwomeninteract,therolestheyplayinthehomewellbeing,theiraccesstobasicservicessuchaswaterandsanitation,theircontroloverresources,satisfactionwiththeirqualityoflife;
SocialImpactContd.
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Social Dimension Social Impact
Employment Decline in fish stocks and fish habitats due to IUU fishing (less fish for domestic fishers both commercial and artisanal) as well as the direct and indirect economic losses in all fishery sectors leads to layoff of crews and in some cases closure of related fishing enterprises (processing plants, shops, women traders) with resultant job losses. social dimensions and impacts of IUU fishing
Table 1. Key
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SocialImpactContd.
Food security and nutrition Detrimental impacts on fish stocks, habitats as well as safety issues, reduces the availability and increases prices of a critical source of food and nutrition especially to local fishing communities reliant on marine resources.
Theirpropertyrights-particularlywhetherpeopleareeconomicallyaffected,orviolationoftheircivilliberties;Theirhumanrights-anyinfringementonhumanrightswhichmayincludeathreatsanddangersthatmayharmthemorexposethemtorisk;Theirsafetyandsecurity-thatincludespersonalsafetyandlivingfreefromexperiencepersonaldisadvantageTheirfearsandaspirations-theirperceptionsabouttheirsafety,theirfearsaboutthefutureoftheircommunity,andtheiraspirationsfortheirfutureandthefutureoftheirchildren
Human rights abuses These include no safety equipment on board, poor working and living conditions including poor accommodation, food and hygiene conditions. Forced child labour, human trafficking and prostitution are also linked to IUU fishing.
Reduced quantity of fish being landed affect women in several ways including their ability to secure nutritious food for the family, obtain income for other household necessities, their ability to work and earn a living
Health and safety Conflicts at sea especially where commercial vessels (legal and Illegal) encroach into the artisanal zone leading to damage to vessels, injury and even death. Injuries and death of fishers have devastating consequences on poor fishing households.
Local livelihoods IUU fishing through overexploitation of certain species and safety issues may lead to impacts on fishing livelihoods and consequent reduction in household incomes and therefore exacerbates poverty. Reduced fish may lead to conflicts in communities and emergence of local powerful individuals/groups that “capture” the resources from the broader community
Women and gender relations
Adaptedfrom(Vanclay2003:4;AU-IBAR2016,94)
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2b. Economic considerations of IUU fishing
The Concept of Value Chain
We adopt Kaplinsky’s (2000, 121) portrayal of value chain as ‘the full range of activities which are required to bring a product or service from conception, through the different phases of production (involving a combination of physical transformation and the input of various producer services), delivery to final consumers, and final disposal after use’. The fish value chain encompasses the gamut of activities from acquisition of access to fisheries resources onto disposal of product by marketing (as specified in Table 2) -contrary to restrictive representations wherein, the fish chain is “from catching to consuming fish” (e.g. Kooiman 2008, 171).
Economic impacts
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Economic impacts of IUU fishing goes over and above yearly losses of fishing opportunity by fishing nation to encompass e.g., lost port fees, port handling income, license fees, fuel sales, dumping into certain markets, negative impacts on product branding due to the entry of poor quality product into the market, market sanctions for product from known locales affected by IUU activity, increased harvest costs for legal operators, losses of taxation income for the state, confusion in scientific processes, downstream economic multiplier effects, and impacts on tourism due to coastal habitat
Consequently,degradation. a value chain approach to economic impact assessment of IUU fishing would enable the discernment of hitherto undetected economic losses from IUU fishing.
Node of the fish value chain
Subsidised inputs used by distant water fleets in host countries reduces the cost of fisheries operation both in terms of capital and operational cost; provides an incentive for fishers to increase their catch and profit, with an aggregate impact to further stimulate effort and compound resource overexploitation problems (Milazzo, 1998).
inputcapitalProductivesupply Examine nature of ownership/use of productive capital inputs implicationsand for economic drain on coastal host nations
European foreign catch reduction in African EEZ could be attributed to reflagging of EU vessels in joint venture vessels arrangements to African national flag vessels. Such a misleading strategy is used by the foreign catch countries to avoid paying the legal and fair license fees in African EEZ (Nyameke 2021).Capital flight to largely foreign input owners - 128
Institutional corruption at the international, regional and national levels as it relates to “use or overuse of community natural resources with the consent of a state agent by those not legally entitled to it” (cf. Robbins (2000 425). Issues of license undervaluation etc. Exporting overcapacity from the North to the South in access agreements, threatens food security and undermines developing world economies due to the fact that payments to access foreign waters greatly undervalue the resource. (Kaczynski & Fluharty 2002)
Table 2. Nodes of the fish value chain and key economic dimensions/impacts of IUU fishing
Description of value chain nodes Economic dimension/impact of IUU fishing Access to fisheries resources arrangements Investigate the extent to which access arrangements are transparent and devoid of corruption
Fish capture Examine the product legality from the act of extraction of fish from the water body as well as process/activities social, economic and environmental impact
Corruption in relation to landing obligations, payment of royalties. “Transshipment has become an intensely debated issue as one of the potential loopholes in global fisheries management. Transshipment is widely used in a number of fisheries to reduce operating costs and maximize fishing opportunities. Transshipment operations, particularly those occurring at sea, are difficult to monitor and control. Therefore, transshipment can become an entry point for catches originating from IUU fishing activities into the market” (FAO 2020, 112). Issues of lost port fees, port handling income, license fees, fuel sales.
acquisitionCatch Examine the nationeconomicimplicationsofarrangements/typologyvariouscatchacquisitionandfordrainonhost
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Economic loss and environmental degradation from fishing without the permission of that State, or in contravention of its laws and regulations. Failure to report or misreporting fishing activities in contravention of State laws. Unregulated fishing without reference to State conservation responsibilities (FAO 2001; High Seas Task Force 2006). Increased cost of harvesting by lawful operators
Disposal of product marketingby Investigate activities involved in getting finished products to consumer and the interactions therein Circumventing official control standards by using 3rd country for fish export with loss to the country. Transshipment at sea, smuggling fish to avoid taxes. Unreported and underreported catch. Impact of product dumping on domestic price. Unavailability of catch and the economic impact on women.
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Motivations/incentives for perpetration of IUU fishing Socio-economic motivations/incentives are major causative push factors for engaging in IUU fishing activities.
IUU fishing offence is committed if the expected benefit from IUU fishing is greater than the expected cost. Thus, IUU fishing would be undertaken if the potential benefits from IUU (such as potential fish catch is high; high fish price and easy access to state ports) is greater than the potential cost of engaging in IUU fishing (such as low detection likelihood; low levels of fines when apprehended and low cost of avoidance behaviour).
Fish handling and processing Examine fish handling measures and the issue of meeting official control standards. Redundant fish handling and processing factories/plants due to dwindling catch from the impact of IUU fishing. Loss of employment/income especially among womenfolk who dominate post-harvest in developing countries. Loss of revenue from failure to meet official control standards.
Subsidies to fisheries for e.g. vessel acquisition and fuel, reduces the real costs of fishing and enable fishing to continue beyond the level at which it would have otherwise been unprofitable.
It
3.0. Effective counter measures ThecountermeasurestocurbIUUfishinginvolvestakingactionsto increasethecostof engaginginIUUfishing Otheractionsareaimedatavoidancebehaviourtoserveasadeterrent.likelihood;levyinghighlevelsoffineswhenapprehendedandincreasingcostofwould-beperpetrator.Suchactionswouldusuallyincludeincreasingthedetectiontotheextentthatitisnolongerattractiveorprofitabletoa factorsthatareconduciveforengaginginIUUfishingremovingvariousmotivating/incentivisingconditionsor andraisingawarenessaboutthemenace.fishingports/post-harvestfacilities),developmentofrobustcollaborativeMCSsystemscurbingcorruption,eradicatingbadsubsidies,infrastructuraldevelopment(suchase.g.includingbutnotconfinedto - 131
Pervasive corruption in an economy would easily find a foothold in fisheries where there are many opportunities for government officials to use their authority for providing services to interest groups in fisheries for personal gains.
Motivations/incentives Contd.
Supply side interventions focus on market demands that enhances sales (cf. Gelli et al. 2020). is thus not surprising that because of preference for the juvenile of certain species, fishing operators engage in IUU fishing by using small mesh sizes in violation of regulations to harvest juveniles
Lack of fishing harbour is a great chance for fishing operators to engage in IUU fishing as transshipment is done at the open sea and inspections are infrequent. Low salaries of observers make them susceptible to bribery. Weak MCS systems embolden violators as the probability of detection would be reduced.
a.Counter measures recommended by FAO (cf. FAO 2020, 109) Eliminationofsubsidies thatcontributetoIUUfishing Implementationofinternationalinstruments,toolsandinitiatives thatencourageand facilitatethecombatingofIUUfishing suchas FAO’s Force(2006);ILOandIMOinitiatives.Measures(PSMA)asbuttressedbyIPOAIUUandtheprotocolsofHighSeasTask2009AgreementonPortState Developmentofaglobalinformationexchangesystem IUUfishingactivities.inspectionsconducted,shouldbesharedalmostinrealtimetoallowswiftdetectionofinto,ortheuseof,otherports,theirtrackrecordofcompliance,andoutcomesofanytheirdesignatedports.InformationsuchaswhethervesselshaveeverbeendeniedentryexchangeofinformationamongPartiesonforeignvesselsseekingentryinto,andusing,foraswiftandefficient CateringfortherequirementsofdevelopingStates support)inordertoensurewidespreadimplementationofthePSMA.(especiallycapacitydevelopment MonitoringandevaluationoftheimplementationofthePSMA earlystageofimplementationtoassesstheeffectivenessofthePSMA,especiallyatthis ImplementationofthePSMAbyregionalfisherybodies thePSMA.managementmeasures(CMMs)concerningportStatemeasuresfullyalignedwithimportantroleintheimplementationofthePSMAandadoptconservationforthemtoplayan Studytransshipment controlfishingoperations.strengtheningfisheriesgovernanceandimprovingonthecapacitytomonitorandfishingactivitiesintothemarketwiththeaimofclosingsuchloopholebyasapotentialentrypointforcatchesoriginatingfromIUU EstimationofIUUfishing ofmeasuresappliedtocombatingthedestructiveactivityforanevidence-basedunderstandingoftheeffectiveness - 132
b.Additional counter measures
FishingGearTheimplementationoftherecentlyendorsedVoluntaryGuidelinesontheMarkingof forwhatpurpose,thuscontributingtothefightagainstIUUfishing.tofacilitatethemonitoringoffishinggear,trackingwhoisusingitand Ascertainproductlegalityandorigin legalityisensuredattheentrypointoriginatingfromcatchesinconsistentwithapplicablemeasures,withwhichseafoodschemes(CDSs)areusefultoolforpreventingtheentryintothevaluechainoffishThiswouldaddressfoodsafetyandfraudissueswhereas;catchdocumentationfreeofeconomic,environmentalandsocialissuesalongthewholefishvaluechain.toensurethatsuppliescomefromoperations Recognisethenexusbetweennaturalresourcesustainability,tenure,accessanduserrights MCS?whatconditions.HowtheinstitutionscanbeusefulincurbingIUUviacollaborativeinthedeterminationofwhocanusetheseresources,forhowlongandunder
Institutional corruption wherein, permission is obtained by illegal operators in connivance with state authorities to engage in illegal fishing practices must be tackled within the national anti-corruption framework. Increasing perceived legislative legitimacy by individuals and the community has been suggested to be crucial for the desired compliance behaviour (cf. Stop Illegal Fishing 2008).
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The issue of flag of convenience (FoC)whereby a ship's owners register a vessel in a ship register of a country other than that of the ship's owners, and the ship flies the civil ensign of that country; is prone to corrupt practices. Allows IUU fishing vessels to flaghop, i.e. re-flag and change names several times, even within a season, to confuse management and surveillance authorities The use of FoC should be reconsidered whilst, a strong resource governance regime complete with a robust MCS system is instituted underpinned by a good legal system.
Strengtheningregionalandinternationalcooperation
changingbehaviourstowardsresourcesustainability.Council(MSC),hasproventobeasubtlebuteffectivewayofenforcingstandardsandimpactandenhancingeffectivemanagementasimplementedbytheMarineStewardshipoffisheriesbasedonthethreetierprinciplesofsustainability,minimisingenvironmental(viacertificationandecolabelling)fortheimprovement
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The(Vessels/Gears)avoidingdetection.CooperationbetweenFAO(Resource),ILO(Labour),IMOcurbingIUUfishingiscrucialasthefugitiveoperatorsmovefromplacetoplaceinandcoordinationinrelationof WorldTradeOrganisation(WTO) shouldimplementmechanismforthe eradication ofbadsubsidiesandeliminationofdumpingininternationalfishtrade operatorstoengageinIUUfishing.componentsofstocks(suchasjuveniles)whichservesasamotivationforfishingberaisedabouttheharmofsocietalpreference/demandforprotectedspeciesor.Awarenessshould Theuseofthepowerofmarkets
Under international law, vessels may fish in the high seas region of the area of competence of international fisheries organizations by virtue of the principle of freedom of fishing. Freedom of fishing undermines responsible fisheries management because it results in overcapitalization of fleets and overexploitation of the fisheries resources.
The idea of a “closed-shop” should be considered whereby access to the fisheries resources is available only to countries who agree to exercise effective control over their fishing vessels and agree to comply with the conservation and management measures. Areas Beyond National Jurisdiction (ABNJ) is one such area under competence of international institutions (Commission on the limits of continental shelf/International seabed authority) for which UNCLOS did not provide specific mechanisms or processes for conserving marine biodiversity. This is essentially common property for which some form of property rights and allocation on the high seas should be considered as about 2/3 of the world’s oceans is ABNJ.
4.0. Conclusion economicaspectsbecauseoftheinterconnectedness.willbemorehelpfultoincludetheenvironmentalconsiderationsintandemwiththesocio-considerationsofIUUfishingandthecountermeasurestoalleviateoreliminateimpacts,itAlthoughwehavelimitedourappraisalinthispresentationtothesocio-economicandpolicymakersinfisheriesandfisheriesmanagement.bycounteralleviationmeasuresfortheconsiderationofbothyoungemergingpractitionersWehaveoutlinedthesocio-economicimpactsemanatingfromIUUfishing,accompaniedIUUfishingisanimportantthreatstothesustainabilityoffisheriesresource. considerationswouldprovideamorewholesomeperspectiveofthemenace.Thetriangulationofthethree assessmentoftheimpacts.acrosstheentirevaluechainwhichwarrantsavaluechainanalyticalapproachtothecapturesegmentofthefishvaluechain.Butrather,aswehavedemonstrated,itispervasiveItisveryimportanttonotefromtheoutsetthatIUUfishingdoesnotoccuronlyatthefish Thanks for the Invitation (WMU, KMI; MOF) - 135
ILLEGAL, UNREPORTED AND LecturerHUMANFISHING,UNREGULATEDATHREATTOANDNATIONALSECURITYDrIfesinachiOkafor-YarwoodinSustainableDevelopment,UniversityofStAndrews,Scotland20thOctober,2021. Day 2 | Presentation 3 - 136
WHAT IS IN A NAME? • Illegal authorisationofstatesorincontraventionofitslaws:Fishingwithoutthepermissionorandregulations; • Unreported andregulations;nationalauthority,incontraventionofnationallawsreported,orhavebeenmisreported,totherelevant:Fishingactivitieswhichhavenotbeen • Unregulated particularfishingregionorspecies–(See:notapartytotheregionalorganisationgoverningthewithoutnationality,orvesselsflyingtheflagofaState:Fishingactivities‘conductedbyvesselsFAO,2016;Liddick,2014). WHY DOES IUU FISHING OCCUR? • Loopholeinthelaw. • Lackoforlimitedenforcementcapability. • Lackofstateinterestinthesector. • registrationfees…targetcountrieswithminimalregulation,cheapFlagsofconvenience–foreignfishingvessels • Corruption. • Greed. - 137
EXTENT OF IUU FISHING IN AFRICAWEST • inthelastfivedecadestoIUUfishing.AtthecontinentallevelAfricahavelost£200billion • TheGambia,GuineaBissau,Guinea,andSierraSixWestAfricancountries–Mauritania,Senegal,Leone–lose$2.3billioneachyear–(Doumbouyaetal.,2017). • catchinWestAfrica–(Amountsto40—65%ofthelegallyreportedOkafor-Yarwoodetal,2020). FISHING AND HUMAN SECURITY –FREEDOM FROM WANT, LINKING IT WITH SOME SDGS • Source of food security for over 200 million Africans. • Fish contributes up to 80% of animal protein consumed in coastal states. • A source of livelihood for millions of people –up to 10, million in West Africa. • Men dominate direct fishing while women work in the value chain • 80% of fish product in West Africa is marketed by women. - 138
IMPACT OF IUU FISHING UNpledgeontheSDGs:‘NoGoalortargetbe consideredmetunlessmetforallsocialandeconomic groups’,-(UN, 2014). IUU FISHING AS A THREAT TO HUMAN SECURITY AND NATIONAL SECURITY –DIRECT IMPACT • componentsofhumansecurity.Underminesfreedomfromwantandfreedomfear • Linkedtoslaveryatsea,humantrafficking,illegaloilbunkeringanddrugsandarmssmuggling. • Exacerbatesdepletionoffishstocks. • Marinepollution • Climatechange • ExpansionoftheBEsector - 139
HOW DO RESPOND?FISHERFOLK • Illegalfishing • illegally)–loseoftraditionalpractices.Theyleavefishingtradeandmigrate(legallyor • fromSenegaltoEurope–(DepletingfishstocklinkedtoillegalmigrationShryock,2020). • earningfromfisheries.Diversify–secondarysourceofincometosupport • Sexualfavoursinexchangeforsteadsupplyoffish • Drugstrafficking • Armedrobberyatseaoractingasinformants. HOW MIGHT THIS LEAD TO CONFLICT BETWEEN? - 140
CRIMINALS OR ACCIDENTAL VIGILANTES? LINKING PIRACY AND ARMED ROBBERY AT SEA WITH IUU FISHING –GULF OF GUINEA Prior to being attacked, it engaged in a pattern of activity that moves laterally between different regional states –(Ralby, 2021). 24 June 2020 F/V PanofiFrontier Incident off the coast of Gabon –Lian Peng Yu •Potentially809? used as ‘primary vessel’ for subsequent attacks on Seaking& Marine Spirit 8th and Marie E, 9th off STP. 7 Feb. 21? FV Hai Lu Feng II 18 May 2020 FV Hai Lu Feng II fined (est. $7,300) for switching off AIS in Nigeria waters 24 June 2020 HOW CAN COASTAL STATES ADDRESS IUU FISHING AND THE RESULTANT IMPACTS - 141
REGIONAL AND EFFORTS TO (PIRACY) MARITIME THREAT. • Yaoundé Agreement 2013. • Yaoundé Architecture • Zones A and G (Lunda and Praia) not operationalized • Zones E and F not engaging in joint patrols, but MOUs signed. 13 - 142
Canada’s Fisheries Monitoring Control and Surveillance (MCS) and Enforcement and International IUU Fishery Initiatives WMU-KMI CAPFISH Project First Workshop 20 October 2021 Professor Neil A. Bellefontaine Day 2 | Presentation 4 - 143
Introduction 1.Canada is a Maritime Nation,(3 -41) 2. Canada’s Fisheries Compliance StrategyMCS and Enforcement Programs,(42 -75) 3. Canada’s International IUU Fishery Activities,(76 -139) 4.Future Actions and Discussion,(140-145). 5.Annexes to Presentation. • Part 1 Canada is Maritime Nation - 144
Canada is a Maritime Nation • A population of 38 million (.05% of world pop) with about 7 million living in coastal areas, and 85 % living within 100 kms of the US border, • Total area of nearly 10 million sq kms, • Canada is blessed with the world’s: - Longest coastline (over 240,00 kms), - Largest freshwater system (2 million lakes and rivers), - Greatest tidal range (16 metres -Bay of Fundy), • 3.7 million sq kms offshore Exclusive Economic Zone EEZ, with an extended claim of 1.2 sq kms. Canada is a Maritime Nation • Three oceans: Arctic, Atlantic and Pacific; world’s longest coastline; one of the largest continental shelves • Oceans economy valued at more than $37.1 billion in 2020 Traditional fisheries & aquaculture sectors are the mainstay of over 1,000 coastal communities, Approximately $7.44 billion in seafood exports in Other2019,oceans sectors growing rapidly (ex. Offshore oil & natural gas, eco-tourism, marine transportation,) - 145
Canada’s Ocean Territory Jurisdiction and Legislation over Canada’s Fisheries • Fish are a Common Property Resource, • National Management - marine and inland fisheries are Federal Jurisdiction, • Several Provinces and Territories have been delegated jurisdiction for recreational inland fisheries, • Provinces also have shared jurisdiction over Aquaculture given private property nature of sea pens (fixed to bottom/shoreline) and on land-based ponds, etc. - 146
Framework • The Canadian legislative and regulatory framework is designed to: • manage and protect fisheries resources in a biologically sustainable manner; and • identify potential action to be taken, when necessary, to prevent destructive/illegal practices, • participate in effective international actions and solutions. - 147
Canada’s Legislative Framework • Canada’s primary legislative instruments to deliver Canada’s fisheries resource objectives include : • The Department of Fisheries and Oceans Act, • Oceans Act; • The Fisheries Act; • The Species at Risk Act • The Coastal Fisheries Protection Act; and • The Safe Food for Canadians Act (administered by CFIA and is currently reviewing traceability & market measures in fall 2021).
Canada’s Legislative
Jurisdiction and Legislation over Canada’s Fisheries is the lead federal department for the management of Canada’s fisheries with • DFO is lead for science, fisheries management, habitat protection, enforcement, hydrography, small craft harbours roles, Canadian Coast Guard (CCG) is the lead operational agency for all at sea DFO programs – marine safety and communications, search and rescue, marine aids to navigation, arctic supply and corridors and ice breaking. CCG
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•
DFO
• DFO-CCG
Jurisdiction and Legislation cont’d • The Department of National Defence (DND) has the lead role for coordination of aerial SAR response and territorial sovereignty and defence, • The Canadian Food Inspection Agency (CFIA) leads in the safety and security of all food, including the inspection of seafood products and processing facilities transport certification of exports and imported products into Canada. • Transport Canada (TC) leads in transport policy, vessel safety, national ports and pilotage, vessel certification and registration, and shipping regulation. Evolution of Fisheries & Oceans Mgmt • A Major catalyst - Northern Cod Closure 1992, • Canada’s Ocean Act 1997, •Canada’s Ocean Strategy 2002, • Species at Risk Act 2003, • Marine Protected Areas Policy 2003, • Integrated Fisheries Management Policy 2005, • Sustainable Fisheries Framework 2009, • The Oceans Protection Plan 2016-2021, • Legislative revisions of 2019 to Oceans Act ,Canada Fisheries Act, Coastal Fisheries Protection Act, - 149
CCG
Responsibilities 1) DFO-Fisheries -
&Response
Canada’s oceans and
marine response services &
information and services to facilitate navigation in Canadian waters; 4) CCG-Marine
Canada’s civilian maritime fleet. DFO CCG lead agency for the Oceans and Fisheries • DFO is a highly operational department, with a 2021-2022 budget of $4.38 billion comprised of primarily salary, operating and capital resources (new vessels/ technologies), • Approximately 13,000 staff with 90% outside National Capital Region, • Also supported by volunteer entities (e.g. CCG Auxiliary, SCH Authorities, Conservation Watch) • A highly decentralized organization: Seven (7) DFO Regions - Newfoundland; Maritimes; Gulf; Quebec; Central & Prairie; Pacific, and Arctic, Four (4) Canadian Coast Guard Regions Western, Central, Arctic, and Atlantic. - 150
aquatic ecosystems and
DFO has four Core managing Ecosystems -managing, conserving protecting other species from Navigation -providing Operations -providing operating
Canada’s fisheries, Indigenous fisheries programs, aquaculture activities, and providing for commercial fishing harbours, 2) DFO-Aquatic
,
human impacts and invasive species; 3) CCG-Marine
DFO Regions (7) CCG Regions (4) - 151
Canada’s Fisheries and Aquaculture In 2018 Canada produced: • 1 million mts of fish (Inc. molluscs and crustaceans), with 72% from wild fisheries and 28% from aquaculture, • Fisheries and Aquaculture sector accounts for 75,843 jobs, • Fishing Fleet is made up of 18,430 motor powered vessels (down by 10% from 2008), 51% are small vessels less than 12 meters, Sustainability Survey of Major Fish Stocks • Of the 176 major stocks assessed in 2019: • 52 stocks (30%) were in the Healthy zone • 29 stocks (16%) were in the Cautious zone • 25 stocks (14%) were in the Critical zone • 70 stocks (40%) could not be classified and have an uncertain status Environment and Climate Change Canada (2021) Canadian Environmental Sustainability Indicators: Status of Major Fish Stocks. DFO April 2021. - 152
status and 54 also are
land mass. • Fisheries Managers are
(overfishing,
• Much
31
loss, climate change)
in
additional management objectives. OECD.
offshore in
to
Zones (EEZ), across three Oceans –Atlantic, Arctic and Pacific, • The EEZ territory
Canada’s Fisheries Management Performance has recently been quantitatively assessed by assessed have a biologically favourable meeting 2021 Report on Fisheries Aquaculture Canada.
and marine resources in such a vast area. - 153
OECD in January 2021. • Of these, 81 are
• In Canada, the status of 103 stocks
Threats to Canada’s Fisheries of Canada’s fishing industry operates what is one of the world’s largest Exclusive Economic equivalent to approximately per cent of the country’s challenged to address the multiple threats pollution, habitat to Canada’s fisheries
and
• In 2005
Threats to Canada’s Fisheries • Key threats to the stocks within and outside Canada’s EEZ include : • illegal fishing for fish species under moratoria, • exceeding the allowable bycatch for species under moratoria, • exceeding TACs/Quotas and/or fishing in closed areas to fishing, • harvesting undersized fish and misreporting catches, • ineffective control over vessels on high seas by some flag states.
fishing
• These
Canada’s NPOA IUU Canada introduced its National Plan of Action to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing (NPOAIUU) which was developed in accordance with the principles and provisions of the FAO International Plan of Action to Prevent, Deter and Eliminate IUU (IPOA-IUU), principles and provisions are set out by the United Nations Food and Agricultural Organization (FAO).
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Canada’s NPOA IUU The NPOA-IUU elaborates and recommends solutions to Canada’s IUU fishing concerns with respect to: • Overcapacity, lack of effective flag State control by both contracting parties and noncontracting parties, and • Non-compliance (with no consequences) by contracting parties to regional fisheries management organizations (RFMOs). Canada’s Committed Actions under the NPOA-IUU 1.Review and Improvement of Monitoring, Control, and Surveillance Operations, 2.Improvement of its Vessel Monitoring Systems, 3.Review and Improve its Dockside Monitoring Program, 4.Implementation of the IPOA for the Management of Fishing Capacity, 5.Effective Implementation of International Convention/Treaty Commitments, 6.Implementation of Internationally Agreed MarketRelated Measures . - 155
NPOA IUU Committed Actions 1 of 3 • All six (6) committed actions have been actively pursued since the NPOA was introduced in 2005, • Canada has made significant strides, particularly in the MCS and air surveillance initiatives: Air capacity, At sea vessel capacity, and improving third party Observer, VMS, and DMPprograms and MCS operations, • Canada remains committed towards effective implementation of International Convention and Treaty Commitments and Bilateral/Regional Agreements, including strengthening RFMOs. NPOA IUU Committed Actions – 2 of 3 • Canada has ratified and implemented national legislation/regulations for all key international fisheries agreements identified in the IPOA-IUU as key elements for combating IUU fishing, including: • United Nations Convention on the Law of the Sea, • United Nations Fish Stocks Agreement, • FAO Compliance Agreement; • FAO Code of Conduct for Responsible Fishing Operations, and • FAO Port State Measures Agreement. - 156
NPAO IUU Committed Actions – 3 of 3 • Fisheries Management Renewal Initiatives, • Sustainable Fisheries Framework launched (in 2009), • Implemented International Plan of Action for Management of Fishing Capacity. • Legislative renewal, • Revisions made to Fisheries Act, Oceans Act, Coastal Fisheries Protection Act, and enacted a new Safe Food for Canadians Act,(All in 2019). • New Internationally Agreed Market-Related Measures (Seafood Traceability) underway in 2021. Canada’s Performance against IUU Fishing • OECD indicatorsinonresponsibilitiesitsmeets/exceedsCanadasuggestindicatorsPolicytheinternationalIUUFishing5of6key , and it remains weak in measures,marketinternational OECD. 2021 Report on Fisheries and Aquaculture in Canada. - 157
Canada’s Seafood Traceability and Market Measures Initiative
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Canada’s Boat to Plate Traceability In mid-2021 the Government of Canada committed to a boat-to-plate traceability of all fish and seafood products in Canada. A 120-day consultation was initiated from August 13 toDecember 11, 2021, to gather views on proposals to address Seafood Traceability (an Internationally Agreed Market Measure), The Canadian Food Inspection Agency (CFIA) is leading this work along with Agriculture and AgriFood Canada, and Fisheries and Oceans Canada.
•
•
. (OECD Jan 2021) - 159
The Traceability initiative will provide greater assurance that seafood products are accurately labelled better protecting Canadians from unsafe or misrepresented food and combat IUU Fishing.
• Canadian
Fish and Seafood Traceability • Canada has made a commitment to tackle food fraud, including mislabeling and fish species substitution, • Canadian tracing of the seafood supply chain from foreign and domestic sources of both wild fishery and aquaculture sources will be increased, •
,
and • Canada
, • Fresh,
globe, •
Canada’s Fish and Seafood Sector marine and freshwaters contain more than 160 species of fish and seafood frozen, smoked and canned products are in high demand in every corner of the Canada exports ~$7.4billion worth of fish and seafood annually to over120 countries, imports ~$4.billion in fish and seafood from just over140 countries
The top species imported into Canada (by volume) were Salmon (all species), Shrimp (all species), Tunas, and all species of crab of Canadians include fish or shellfish as a source of protein in their diet on any given day. The per capita fish and seafood consumption in Canada has been stable for the past 20 years. Fish Imported into Canada Canada reported in November 2020 that ~ $160.m of IUU seafood products enter Canada’s market each year Oceana claimed rightfully that Canadians are unwittingly aiding in the continuation of IUU Fishing, including the poor labor practices on these vessels, and urged Canada to address this problem as quickly as possible.
, •
. •
• Oceana
The top exported species in2019 (by volume) were Lobster, Atlantic Salmon, Shrimp, Snow Crab, and other crab
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. • ~17.4%
Canada’s Fish & Seafood Sector •
OECD Jan.2021) IUU
CFIA Role in Traceability CFIA already has a number of tools available to prevent, detect and deter fish species substitution and to identify fish and seafood misrepresentation in PreventionCanada.includes promoting compliance to industry, through measures such as: • The Industry Labelling Tool, • The CFIA Fish List, • Guidance on Preventative Control Plans, • Traceability requirements . Fish and Seafood Traceability Issues CFIA is considering new Measures to address: • Seafood Misrepresentation and Mislabeling, • Food labelling: Information on fish species (i.e. Traceability - Country of Origin, Catch Method or Farming,), • Absence of consumer access to Information on food labelling – Brand name, quality and source certification i.e. sustainably sourced, and best before date,) - 161
Non Compliance Deterrents To deter non-compliance to seafood traceability, there is a range of possible actions that can be considered, including: • Seizing or detaining fish and seafood products, • Imposing administrative monetary penalties, • Prosecution of seller of the fish/seafood product with no traceable background, • Suspending or revoking an Import and/or Export licence, Canada’s Market related Measures to address IUU Fishing.(1 of 2) The new measures include: • Developing market-related measures, where necessary, to prevent importation of fish and fish products from vessels and/or States identified by RFMOs as engaging in or supporting IUU fishing, • Harmonizing catch documentation and certification schemes adopted by RFMOs, • supporting new provisions in the Harmonized Commodity Description, - 162
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CDA’s Market related Measures to address IUU Fishing measures cont’d:
• Introduce a Coding System to specifically identify tunas, swordfish, and several types of billfish to allow better tracking of the trade and catch of these species in order to combat IUU fishing; and TheCatch Documentation Scheme (CDS), already in place in Canada, is being reviewed to determine if improvements can be made enhance Catch Documentation Schemes in RFMOs, Canada’s Catch Certification Program
•Canada’s program was created in response to the European Union's IUU fishing regulation implemented January 1, 2010 which requires that fish exports to the EU are accompanied by a catch certificate issued in the country of origin.
• Fisheries and Oceans Canada is responsible for the administration of Canada’s Catch Certification Program, including certificates and export permits of exporters.
. (2 of 2) The
•
Part 2 - Canada’s Fisheries Compliance Strategy and MCS and Enforcement Canada’s Compliance Strategy – A Three Pillar Approach • A three pillar approach to compliance monitoring, • Compliance involves: • (1)MCS, (2) Education (shared stewardship), and (3) Major Case Forensic Investigations, including intelligence gathering and TRAs. • Compliance strategies in Canada are implemented on a fishery by fishery basis. 43 - 164
MCS defined • Monitoring - means the collection, measurement and analysis of fishing activity, but is not limited to catches, species compositions, areas fished, fishing effort, by-catches, discards, etc. • Control - is the means established to limit and manage the harvest of the resource contained in state legislation, regulations and licences issued to fishers. • Surveillance - involves the supervision and enforcement of the rules as they apply to fishing activity, to ensure a legal and well managed fishery. Fisheries Officers • The ~660 Fisheries Officers are spread across the 6 DFO regions of Canada, • Fisheries Officers are nationally recruited and professionally trained over 2 years under a national program. DFO-CCG Photos) - 165
Fishery Officers are based in regions largely upon the historical fishery trends and coastal fishing community developments emanating back to the 1900s, There are three categories of Fisheries Officers Inland, Coastal and Offshore, Fishery Officers have taken on more of a “enforcement” role (and less monitoring and data collection) in recent years.
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Overview of Fisheries Enforcement
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DFO-CCG Photos) - 166
Fishery Officers in Canada are the primary enforcers of the Fisheries Act, regulations, and other related legislation (i.e. SARA,CFPA,OA) in Canada. The Conservation and Protection Program is responsible for the monitoring, control, and surveillance and enforcement of ~180 fisheries across Canada.
Compliance Monitoring
Fisheries Compliance Programs • Compliance monitoring in Canada is generally carried out by Fishery Officers, • Fishery Officers ensure the conservation and protection of fish and fish habitat, both in the marine and freshwater environments, • Fishery Officers conduct patrols on land, at sea and in the air. DFO-CCG Photos) Overview of Canada’s Compliance Role The compliance role in the past two decades has expanded significantly with regards to: • commercial/recreational fisheries, and the expanding indigenous people fisheries access, • fish habitat management pressures , • new Oceans Act responsibilities for MPAs, • new Species at Risk Act responsibilities for protection of listed species and their habitats, • more intensive aquaculture management (siting and location verification, EIAs, food quality, GMF), • expanded fisheries management roles (ecosystem mgmt considerations and exploratory &developmental fisheries). - 167
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•
Since 1985, a comprehensive national training program has been essential for success in ensure competencies and standardization, and training is an ongoing activity Having appropriate fisheries operational policies to guide fishery enforcement officers is essential, Effective choice of the best “new technology” on the market it is a never ending challenge. Canada’s MCS Experience
, •
•
•
•
51
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Fisheries Officers need to be involved in the initial development and implementation of modern FMPs, In Canada, since 2016 the majority of major commercial fisheries are/or will be guided by complex Integrated fisheries Management Plans (IFMPs), IFMPs often incorporate the Precautionary Approach, Target Reference Points, and Harvest Control Rules, and the Ecosystem Approach to Management, and Therefore, these IFMPs rely on effective MCS and enforcement programs delivered by a professional and competent Fisheries Enforcement staff.
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Greater Enforcement Role in Fisheries Management Plans (FMPs)
Modernizing the Compliance Program • Training develops highly trained and professional uniformed fishery enforcement officers , • New technology is essential for fishery officers address serious non-compliance, • Third parties (At Sea Observers, Dockside Catch Monitors,) do some functions that were previously performed by fishery officers or enhance the overall capacity of compliance programs, Canada’s MCS Experience 53 • No one monitoring, control and surveillance tool will solve all fishery ills. • Fisheries crime are very often sophisticated and well organized in many regions, • Traditional enforcement does not always address advanced types of crime, • New methodologies and technologies are critical to modern compliance monitoring, - 169
International MCS Collaboration • Borders do not seem to be a hindrance to the movement of illegal fish, • Maintaining a network of contacts both within the country and within the international community is essential to ensuring strong compliance, • RFMOs must collaborate more on IUU fishing and on the movement/ trade of IUU Fish products. Education and AwarenessProactive Compliance functions • General Promotional Activities (i.e. Conservation, MCS), • Public Notifications (of program results –prosecutions), • Education for Schools and Clients, • Engagement of Clients in the Fisheries Management consultative decision-making process, (Fisheries Advisory Committees), • Liaison working sessions with other enforcement Agencies (i.e. RCMP, Border Agency, Customs and Immigration, Border Agency, and Food Agency,). - 170
MCS Tools for Fisheries Management 1 Involvement of C&P Fishery Officers in: • fisheries stakeholder consultations (Fisheries Advisory Committees) and the IFMP and regulatory development processes, • Training and standards of Observers, DMP, Catch Sampling programs, • Creation of Enforceable legislation and regulations, • Access to Data collection systems – Log and catch records, DMP data, at Sea Observer reports, MCS Tools for Fisheries Management 2 • An effective data collection and electronic transfer system (i.e. VMS, Satellite imaging, electronic and Hail out/In systems, • Land-based data fusion operation centres, • Patrol vessels, aircraft, and vehicles for fisheries officers, • Legal, Penalty and Sanctions systems , • Inter-agency cooperation/coordination, including regional and international, - 171
MCS Third Party Contracts • Air Surveillance provides multipurpose detection and sovereignty patrols, • At–sea Observer programs cover individual fishing trips, • Electronic Hail-in/out reporting and VMS systems, • Certified dockside monitoring program provide independent verification of landings. Monitoring and Surveillance Functions and Tools • Satellite Monitoring, • Air surveillance, AUV reconnaissance , • At Sea Observers and Dockside Catch Monitors, • Routine Patrols at sea/coastal/site Inspections, • Inspection of Business Records, • Forensic Analysis, • Genetic (DNA) Testing (i.e. tunas), - 172
MCS Tools MCS tools can vary according to the specific fishery but usually include the following: • Fisheries Management or Harvest plans, • Licences, with licence conditions, • Log records, Sales/Purchase records, • PSMA – port audits/inspection reports, • Electronic reporting communication systems (Sea/land-based data entry), MCS Tools cont’d • VMS (vessel monitoring systems), • Air, sea, and satellite/radar surveillance and tracking of fishing vessels and their activities, DFO-CCG Photos) - 173
MCS Tools DFO-CCG Photos) New Long range Fisheries Patrol Aircraft The new Fisheries Arial Surveillance Enforcement Dash 8 long range patrol craft entered into service in August 2021. (DFO Photo) - 174
Patrol Vessel Capacity • Patrol vessel capacity is essential to monitor within the EEZ and adjacent to it on the High Seas, • Offshore patrol vessels are costly assets to build/buy and operate effectively, • In Canada the CCG maintains the civilian multi-tasked fleet of ~ 140 vessels, but does include dedicate offshore patrol vessels to meet domestic, RFMO and other international obligations, DFO-CCG Photos) Canada has adopted New MCS Technology • Covert (GPS) tracking devices, • Micro-chips to detect illegal fish, • Covert cameras,surveillance • Remote sensing devices, • Electronic logs, • Automated unmanned vehicles (AUVs) & Drones, VMSDatabaseGroundStation Satellite GPSSatellite GPSSatellite GPSSatellite (DFO images) - 175
MCS
The National Fisheries Intelligence Service
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• DFO, which has oversight over NFIS, acknowledges that the NFIS has had difficulties from its inception in fulfilling its full mandate, DFO has observed that greater emphasis is needed on ensuring that fisheries intelligence information that is gathered, evaluated and recorded is of credible intelligence value, and The NFIS was created to deliver an unbiased perspective on criminality in the fisheries realm
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The National Fisheries Intelligence Service Consequent to a 2007/8 Audit of the C&P Program that advised a need for improved criminal intelligence and information gathering on illegal fishing, the DFO National Fisheries Intelligence Service (NFIS) was created in 2012 and has been fully operational since 2016.
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The NFIS works out of Marine Security Operations Centres in the Pacific Region in Victoria, British Columbia, and on the Atlantic coast in the Maritimes Region in Halifax, Nova Scotia, and NFIS currently employs ~100 persons, with 28 experienced intelligence officers and 20 analysts included work on major cases and supporting the DFO regional C&P.
The National Fisheries Intelligence Service • The NFIS works to identify and rank the most significantthreats and risks to Canada's fisheries and marine habitat, including illegal fish and seafood products imported into Canada. • Among international intelligence experts, the NFIS enjoys a good reputation. • In 2018, the group won an award for excellence from the International Association of Law Enforcement Intelligence Analysts, a professional organization, at a ceremony in California. (DFO Results Report 2018-19). Apprehending Violators • Anonymous violation reporting systems (i.e. Report a Poacher& Observe, Record Report line), • Paid informants, • Special Investigative Units, • Covert Operations (Electronic surveillance), • Undercover Operations (on known offenders), - 177
Apprehending Violators cont’d • Voluntary Community Enforcement i.e. Conservation Watch and C&P Ride Along Programs), • Specialized Fishery Enforcement OfficersOffshore, Coastal and Inland, DFO-CCG Photos) Canada’s Fisheries Violations by Region 2016 2021 (as of Oct 13th) - 178
Penalizing Violators A Progression of Actions can be taken by Fishery Officers: • Verbal Warnings/Reminders, • Written Warnings, • Ticketing with prescribed fines, • Administrative Sanctions (Courts or Ministerial), • Seizures and Forfeitures (Persons and Persons Unknown), • Prosecution in Federal Courts, fines up to $500.k, and jail up to two years, (DFO-CCG Photos) Penalizing Violators cont’d • Prosecution via the Fisheries Act, and other Acts, • Prosecution via Criminal Justice System, • Alternative/Diversionary Measures Agreements (AMAs) (i.e. aboriginals, youths), • Publication of Violations and Penalties (the deterrent effect). • https://www.dfo-mpo.gc.ca/media/charges-inculpations-eng.htm - 179
Conclusions • In the past MCS was an after thought in the fisheries management process, Yet a robust fisheries management plan will fail without a coordinated, balanced MCS response, • A national Compliance Strategy is important to enhance voluntary compliance and deters illegal fishing behaviours. Moving Into the Future Compliance Monitoring needs: • Modern integrated fisheries management plans (IFMPs) using conservation risk factors, • A balance between education and shared stewardship/ traditional enforcement and major forensic investigations, • To effectively address large scale fraud and collusion (organized crime), • Involve other partner agencies both domestically and internationally. - 180
Part 3 - Canada’s International IUU Fishery Activities Canada’s International IUU Fishery Activities 1.Canada is Participating in RFMO Reforms, 2.North Pacific Guard (formerly Operation Driftnet), 3.Canada -EU Partnership on IUU Fishing, 4.Central Arctic Oceans Agreement, 5.Canada partners with Global Fish Watch, 6. Canada’s Dark Vessel initiative, 7.Strengthening Fisheries Intelligence in the Pacific, 8.Future 9.DiscussionActionsand Conclusions - 181
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RFMOs • Canada
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RFMO Reforms Participates in Strengthening of continues to support for the adoption of new measures to strengthen the institutional regimes of RFMOs reviews of the varied mandates and roles of RFMOs to harmonize approaches to resource management and incorporate changes in international law, the integration of ecosystem, precautionary, and biodiversity considerations into RFMO management,
Canada
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Canada is also supporting the introduction of RFMO reforms such as: a greater role for coastal States, the provision of necessary resources to carry out the RFMOs’ most basic functions, the enhancement of RFMO credibility by improving their decision-making, the adoption of additional compliance mechanisms in RFMOs (i.e. common standards for inspections, boardings, observers, data sharing, and transshipment), Canada and RFMOs Under international law, countries are required to cooperate to manage high seas, straddling and highly migratory fish stocks, The main purpose of regional fisheries management organizations is to manage, conserve and protect these fish stocks within the mandate of their respective convention, Canada is playing a recognized leadership role in strengthening several RFMOs by implementing greater enforcement and more accountable decision-making , and promoting global norms on responsible fishing.
Canada is a members of 7 Key RFMOs 1)Northwest Atlantic Fisheries Organization (NAFO), 2)Inter-American Tropical Tuna Commission (IATTC), 3) International Commission for the Conservation of Atlantic Tunas (ICCAT), 4)North Atlantic Salmon Conservation Organization (NASCO), 5)North Pacific Anadromous Fish Commission (NPAFC) 6)North Pacific Fisheries Commission (NPFC), 7)Western and Central Pacific Fisheries Commission (WCPFC), Canada is also a member of a number of other RFOs and RFMOs such as the Pacific Salmon Commission, International Pacific Halibut Commissions with the USA, etc. Northwest Atlantic Fisheries Organization (NAFO) - 184
NAFO – And a Challenging Atlantic Ocean Exclusive Economic Zone • Canada’s EEZ does not take in extended continental shelf in the Atlantic Ocean.(Art.76 UNCLOS). • Both fish populations and ecosystems straddle the 200 nm limit in the northwest Atlantic. • Canada participates in the Northwest Atlantic Fisheries Organization (NAFO) with 17 other countries to manage fishery transboundary resources in the NAFO regulatory Operationarea.North Pacific Guard (formerly Operation Driftnet) - 185
1 (Formerly Op. Driftnet) • Canada,
“
•
. • These
Operation North Pacific Guard alongside its Pacific partners engages in annual operations to secure the North Pacific from the threat of IUU fishing including illegal driftnets operations include use of satellite surveillance, information sharing, inspector Shipriders” aboard US Coast Guard high seas patrol vessels, and deployment of a Canadian long range patrol aircraft Pacific Guard 1993 Operation Driftnet patrols began after the United Nations imposed a moratorium on large-scale High Seas driftnet fishing and banned nets more than 2.5 kilometres in length. Canada today supports efforts to monitor fishing activity in theNPAFC Convention Area, a 4 million-square-km expanse of the North Pacific, as part of an MCS initiative known as North Pacific Guard
2 • In
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North Pacific Guard operations also supports the MCS over multiple Regional Fisheries Management Organization convention areas theNorth Pacific Anadromous Fish Commission, North Pacific Fisheries Commission, and Western & Central Pacific Fisheries Commission.
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For example, North Pacific Guard is one of the ways that the North Pacific Anadromous Fish Commission (NPAFC) enforces the United Nations ban on high seas driftnets. Members of theNPAFCinclude - Canada, the United States, the Russian Federation, the Republic of Korea and Japan. China has been a co-operating non-party of this organization.
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Operation North Pacific Guard
Operation North Pacific Guard
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(U.S.
Operation May 10, 2021, U.S. Coast Guard, Canada, and Rep of Korea, uncover 450 shark fins and 32 potential violations during in the North Pacific, Coast Guard
fisheriesinternationalboardings
photos)
An integrated boarding team composed of inspectors from Canada, the Republic of Korea and the United States Coast Guard Cutter Bertholf are conducting high seas boardings and inspections in the North Pacific Ocean as part of Operation North Pacific Guard on Sept 23, 2021. Coast Guard
North Pacific Guard - 5 • On
Operation North Pacific
(U.S.
photos) - 188
Guard 6 •
Operation with
the Canadian Forces to coordinate aerial surveillance of the region using the CP-140 Aurora maritime patrol aircraft. (DND Photo) - 189
North Pacific Guard 7 • Operation North Pacific Guard is an annual multimission effort between five Pacific Rim countries and three regional fisheries management organizations: • Western Central Pacific Fisheries Commission (WCPFC), • North Pacific Fisheries Commission (NPFC), • and North Pacific Anadromous Fishing Commission (NPAFC). • Violations uncovered are the responsibility of flag states to investigate and hold crews accountable, as appropriate. North Pacific Guard 8 • Fishery Officers from Fisheries and Oceans and USCG Enforcement Officers Canada work
Canadian Air Force conducts Joint Operations with U.S. Coast Guard Canada and EU Partnership - 190
Canada and EU Collaboration on IUU Fishing
Canada EU Partnership
• For example, the statement calls for strengthened MCS and enforcement activities, and promotes further cooperation on measures at global and regional (RFMO) levels.
• Canada is actively involved in supporting high seas enforcement through counter IUU patrols, both by sea and air, including joint inspector exchanges to leverage resources in a collaborative multi-national effort.
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• April 2016 -A Joint Statement between Canada and the European Union on efforts to combat illegal, unreported and unregulated (IUU) fishing, was signed at Brussels on 28 April 2016 under which they work together to address IUU fishing-related challenges
•Canada’s role in combating IUU fishing has been bolstered by formal cooperation and increased information-sharing with the EU.
• Canada participates in the North Atlantic Coast Guard Forum with the EU, and other nations as part of an Enforcement Working Group where there is sharing of enforcement information, and best practices are developed.
• These exchanges have a long history of cooperation with the EU, with exchanges on both CAN, and EU patrol vessels.
• Canada works and participates on various working groups with the EU. For example, the Port Inspection Expert Group For Capacity and Assistance as part of ICCAT, as well as the annual NAFO Inspectors Workshop which promotes open and fruitful discussions amongst Inspectors, and exchanges of compliance monitoring strategies.
• Canada is committed to continuing to work with the EU, and other global partners such as the FAO, as well as through the World Trade Organization, to combat IUU fishing, while at the same time ensuring that legitimate trade continues.
Canada EU Partnership
Canada EU Partnership
• This inspection scheme will champion the cause to detect and address instances of IUU fishing and transshipments between vessels in the international waters of the very large ICCAT convention area.
• Canada is also in the process of developing a joint international inspection scheme in the ICCAT Convention, in consultation with the EU (as well as other Contracting parties to ICCAT).
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ICCAT Joint International Inspection Scheme Proposal
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As a result, Canada drafted, in consultation with other parties including the EU, a Scheme of Joint Inspection that would apply to all fishing occurring in the Western Atlantic portion of the ICCAT Convention Area. A crucial feature of this scheme would be to foster cooperation and information sharing between Contracting Parties through joint inspections.
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ICCAT Joint International Inspection Scheme Proposal
Contracting Parties interested in participating in the Scheme as inspectors could appoint inspectors and join the operations of another contracting party’s inspection vessels, thus building broader inspection capacity and a better understanding of diverse fishing operations Canada will submit this proposal for acceptance at the 2021 ICCAT Annual Meeting being held virtually November 15-23.
In June 2021, Canada presented a discussion paper to the ICCAT Working Group on Integrated Monitoring entitled “ICCAT Scheme of Joint International Inspection in the Western Atlantic International Waters of the ICCAT Convention Area.”
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International cooperation strengthens as participants discuss recent infringement cases towards improving procedures and information sharing.
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Each year, Canadian and EU inspectors come together to participate in the annual NAFO Inspectors Workshop where open and fruitful discussions are held on conservation and enforcement measures.
Canada and EU on NAFO Inspections
• Canada and the EU have supported each other in the development of conservation and enforcement measures that further tighten and address identified compliance issues within the RFMO.
Canada and EU inspectors have successfully conducted at-sea joint patrols in the NAFO Regulatory Area onboard both Canadian and EU patrol vessels.
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Canada EU on NAFO Inspection Scheme
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Once COVID restrictions are lessened and international travel becomes more safe, Canada will host the next NAFO Inspectors Workshop.
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One recent example of this was the joint work between Canada and the EU on Canada’s proposal for measures concerning vessels demonstrating repeat noncompliance of serious infringements in the NAFO Regulatory Area.
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Canada – EU Partnership • Canada as well recognizes the value in leveraging the current global momentum to further address IUU fishing, particularly illegal Transshipments, and to advance this important issue across regional and global fora. • Accordingly, Canada is interested in exploring new initiatives with the EU to further curb IUU fishing would include, ensuring robust transshipment measures are in place throughout respective RFMOs, • (i.e. Pacific The North Pacific Fisheries Commission and Atlantic the International Commission for the Conservation of Atlantic Tunas). Central Arctic Ocean Agreement - 195
The CAO Agreement was signed by Canada and nine other Parties in October 2018. This legally binding agreement prohibits commercial fishing in the high seas portion of the central Arctic Ocean for a period of at least 16 years after it enters into force, Canada ratifiedon May 29, 2019 this landmark international agreement to prevent unregulated fishing in the central Arctic Ocean. On June 25, 2021 the agreement entered into force legally prohibiting unregulated fishing in the Central Arctic Ocean, - 196
Central Arctic Ocean Agreement
Central Arctic Ocean Agreement
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Climate change is having a major impact in the Arctic Ocean. Melting sea ice means that areas once inaccessible are opening up to potential commercial interest and activity, This climate induced change opens thecentral Arctic Ocean to the potential threat of major IUU Fishing, This central Arctic Ocean Agreement covers roughly 2.8 million km2 of ocean territory across the central Arctic ocean.
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• As there a a number of RFMOs with jurisdiction in parts of the central Arctic, It has yet to be determined whether the CAOA will evolve into a broader RFMO to ensure a greater international protection against IUU fishing in the central Arctic ocean.
In addition to Canada, nine other Parties have signed the CAO Agreement: Norway, Russia, the United States, China, Iceland, Japan, the Republic of Korea, the European Union, and Denmark in respect of Greenland and the Faroe Islands.
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Central Arctic Ocean Agreement area
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Central Arctic Ocean Agreement
Canada
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The CAOA commits signatories to work collaboratively to deliver the following two commitments: a joint scientific research and monitoring program conservation and management measures to oversee any exploratory fishing activities in the CAO Agreement area. Agreement also provides for participation and inclusion of Arctic Indigenous peoples, recognizing the critical value of their local traditional knowledge in the conservation of the central Arctic Ocean. Partners with Global Fish Watch
• The
, and 2)implementing
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1)developing
Central Arctic Ocean Agreement
Global Fish Watch
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• Global Fishing Watch analyzes fishing activity around the world. Canada has directly contributed funding and data to support the Global Fish Watch mission and their open and transparent mapping platform.
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In May 2019, Canada Contributed $1.2 million to Global Fishing Watch to support the continued growth of its free, open-source mapping platform to trackIUU fishing vessels.
Thefunding is part of the $10 million commitment announced by Canada to support the development and deployment of satellite-based technologies that can remotely identify and track suspected IUU vessels.
•Canada’s Department of Fisheries and Oceans collaborates closely with leading international NGOs, including Global Fishing Watch, to support their mission of improving marine governance through transparency and awareness.
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Canada partners with Global Fish Watch
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In 2020, Canada also contributed over $200.K to support their Marine Manager portal to support marine spatial planning, MPA management, and scientific research.
Global Fishing Watch (GFW) is an international non-profit organization committed to advancing the sustainability of our oceans through increased transparency.
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If only 1% were IUU vessels-that translates into 600 - 200
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While vessel sizes vary throughout the the global fishery, high seas commercial fishing generally includes vessels 24 meters LOA (78.7 feet) or longer. This translates to about 60,000 vessels, which makes up only 2% of the global fleet of 3.4 million vessels, These vessels are estimated to be responsible for over 50 percent of global catch .(FAO 2020 State of World Fisheries).
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Larger Fishing Vessel Impacts
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By harnessing cutting edge technology, the Global Fish Watch mapping platform allows anyone to view or download data and investigate global fishing activity in near real-time, for free. GFW was founded in 2015 through a collaboration between Oceana, SkyTruth and Google.
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The number of AIS vessels is increasing each year, still with relatively few smaller vessels utilizing AIS despite its safety advantages.
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• Automatic Identification System (AIS) is increasing being used in tracking fishing larger vessel fishing activities. In 2017, AIS was broadcast by approximately 60,000 fishing vessels of which just over 1/3 could be matched to publicly available vessel registries
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Global Fish Watch use of AIS
Global Atlas on AIS based Fishing • In 2019 Global Fish Watch, and Fundacion AZTI, and the UN FAO collaborated to publish the first everGlobal Atlas of AIS-based FishingTransshipmentActivity. Monitoring by Satellite • Transshipment can be monitored from space. If you see two vessels operating together at the same time and you could see their zero speed, it is likely transshipment activity, • Transshipment is a major problem for screening legitimate from illegal fishing, as many IUU trawlers load fish (and marine animals) into cargo vessels at sea. • However, satellite technology may be too expensive for many developing countries to afford. - 202
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The Dark Vessel Initiative
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The Eyes on the Seas system, which includes AIS and VMS, is designed to be a cost-effective global fisheries monitoring and enforcement tool for governments around the world, including the most resource-poor enforcement agencies to monitor and detect illegal fishing and related activities.
Similar to Global Fish Watch -To help them combat illegal fishing, Washington-based Pew Foundation in partnership with the United Kingdom-based Satellite Application Catapult created Project Eyes on the Seas (in August 2015) as a platform to provide a fishing vessel database to developing countries for handling illegal fishing.
Eyes on the Seas
According to Sean Wheeler, senior compliance program officer with the DFO international C&P program, this $7 million project is meant as a proof-of-concept -a scheme to work with developing nations and to demonstrate how a network of satellites can help focus the search for IUU vessels.
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The Dark Vessel Initiative
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The Department of Fisheries and Oceans is partnering with officials from other countries to help locate so called 'dark vessels,' ships that turn off location transmitters to evade authorities while they fish illegally.TheDark Vessel Initiative
February 24, 2021, the Government of Canada via DFO launched the new Dark Vessel Detection program
The Dark Vessel Initiative
Through the Dark Vessel Detection program, Canada is partnering with other ocean nations to better detect and prevent illegal fishing around the world.
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The Dark Vessel Initiative
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The Dark Vessel Detection program uses satellite technology to locate and track vessels whose location transmitting devices have been switched off, most often in an attempt to evade monitoring, control and surveillance.
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• Canada is investing in one of the leading, most innovative satellite technology systems on the planet to ensure its fish stocks are protected, its fisheries remain sustainable, and international law is upheld at sea.
The program provides state-of-the-art satellite data and analysis to small island nations and coastal states around the world where IUU fishing has a major impact on local economies, food security and health of fish stocks.
The Dark Vessel Initiative
The Dark Vessel Initiative Fisheries and Oceans Canada has launched this new program in collaboration with: Department of National Defence, Defence Research and Development Canada’s Centre for Security Science, Global Affairs Canada, and MDA Ltd (space technology company) to detect vessels engaging in IUU fishing, MDA is also a leader in robotics, geointelligence).
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• Canada also works with its international partners to support the rules-based international order that ensure sustainable international fisheries and oceans management, • Program partners include the Forum Fisheries Agency (which represents 15 small island nations in the Pacific region), and the Ecuadorian Maritime Authority, National Directorate of Aquatic Spaces (which is in charge of monitoring, control, and surveillance in the Ecuadorian maritime domain).
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Canada and Ecuador Partnership • December 2020 -Canadian and Ecuadorian officials signed a memorandum of understanding to formalize their partnership, • It is designed to enhance surveillance around the Galapagos Islands – a UNESCO World Heritage site, and a Particularly Sensitive Sea Area (PSSA) under IMO. • 40% of fish and wildlife species are unique to the Galapagos. Sat Image of IUU Fleet off Galapagos - 207
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Dark Vessel Detection Program 2021 Canada has successfully launched this project in two regions of the Pacific by: 1)supporting the Forum Fisheries Agency operations centre in the South Pacific Islands, and 2)deployed the system to three operations centres in Ecuador, including the Galapagos Islands. early in the platform’s deployment, the system has already being integrated into the region’s surveillance operations, which allows these authorities to more effectively monitor their for IUU vessel activity and prioritize their patrols
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PACFIG recently held a webinar for member states (and guests) with ~40 participants on September 20, 2021, which was the first PACFIG event since the first Working Group held in Vancouver in February, 2020.
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Pacific Fisheries Intelligence Group (PACFIG)
The Covid-19 pandemic delayed these follow-up working group meetings, as well as capacity building coursesoriginally planned for 2020 and 2021 which had to be postponed until international travel is recommended. It is expected that these PACFIG meetings and training opportunities will move soon forward - hopefully in the spring or summer of 2022.
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Canada’s International Intelligence efforts against IUU Fishing Efforts In support of efforts to combat IUU fishing, Canada has committed to increase fisheries intelligence collaboration and capacity building.
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For example, as a member of the newPacific Fisheries Intelligence Group (PACFIG), Canada works to build an international community of intelligence practitioners dedicated towards achieving sustainable fisheries in the Pacific Ocean.
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The Impact of IUU Fishing
The Impact of IUU Fishing – a Cod Story
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The world is well aware of the Northern Cod stock collapse off Newfoundland in 1992, a transboundary cod fishery that produced ~200,000. mts per year for ~ 120 years, has been closed to commercial fishing since 1992), Key valuable Canadian fish stocks -such as tuna, herring, redfish, and salmon -also share ecosystems or migrate into areas where an increased threat of IUU fishing exists. With 75,000 employed in the fishing/ aquaculture sector, Canada is working hard to protect these livelihoods and the valuable resources they depend on.
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The NAFO Regulatory Area Newfoundland Cod Collapse 1992 - 211
• Thus, (1) overestimates of stock biomass, (2) poor understanding of environmental factors in the stock’s recovery, or (3) accelerated reopening of a recovering cod fishery may lead to a further collapse of this fragile cod stock. Northern Cod Recovery?
Consequences of the Collapse
• Positively, it created of a more robust, risk adverse sustainable fisheries management strategy across all Canada commercial fisheries,
• Displacement of many families from small fishing villages to other parts of Canada to find employment, and ~ $ 4 billion in aid for unemployment insurance payments, retraining, etc.
• US Scientists report that a failure to consider reduced resilience of cod populations due to increased mortality in warming surface water may lead to overfishing despite regulation (Gulf of Maine cod example).
• 29 years after the collapse, the Northern Cod stock is reported to be increasing in numbers, health, normalizing in maturity and behaviour,
• The collapse of the northern cod stock resulted in the loss of ~40,000 jobs in from fishing, processing and other support sectors(packaging/marketing/transport) in Newfoundland and the Maritime and Quebec Provinces,
• Also a far more intense focus by Canada to improve High Seas management of transboundary /straddling fish stocks, i.e. UNFA and the Precautionary Approach.
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• Canada launched a public engagement process early in 2021 to develop an inclusive Blue Economy Strategy to help guide future government actions and future investments, The Strategy will be designed to enable Canada to grow its ocean economy to create middle-class jobs and opportunities for fishers, Indigenous and other coastal communities that also advances conservation and sustainability objectives in Canada and globally.
Todate, major progress has been made on many elements of the OPP, including: Enhanced oceans and marine science, Improvements to sustainable fisheries agenda, Protection of marine areas within Canada’s EEZ, Improvement to shipping, marine safety marine pollution, abandoned ships legislation, Arctic corridor/harbour developments (4), and ocean technology developments, International cooperation on IUU Fishing and broader Ocean Protection, etc.
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The next priority of the current government will extend to the Blue Economy agenda Canada’s Blue Economy Strategy
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Future Actions •
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Since 2015 Canada has focused its efforts on its Ocean Protection (OPP), a $1.5 billion investment in ocean and marine initiatives to protect Canada’s three oceans.
Although not directly related to its IUU Fishing efforts, the DFO-CCG Minister has been mandated to lead the development of a federal Blue Economy Strategy,
The Canadian Strategy is expected to pursue actions that -increased representation, inclusiveness, diversity, and equity in Canada’s ocean sectors, and that supports future benefits being distributed equitably.
The High Level Panel for a Sustainable Ocean Economy
The Blue Economy Strategy will allow Canada to meet its international commitment to:
1)the High Level Panel’s goal to develop a Sustainable Ocean Plan, 2) the Global Ocean Alliance’s goal to protect 30% of its marine territory by 2030, and 3)contribute to the UN SDG 14 goal - Life below Water.
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• A Sustainable Ocean Plan in which effective protection, sustainable production and equitable prosperity are achieved together.
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The High Level Panel for a Sustainable Ocean Economy (Ocean Panel) established in September 2018 is a unique initiative by 14 world leaders who are building momentum for a sustainable ocean economy,
Canada’s Blue Economy Strategy
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IUU Fishing, • Commitment All
The Global Ocean Alliance 2019, the United Kingdom established the Global Ocean Alliance to support a global 30 % conservation target by 2030 at the Convention on Biological Diversity COP 15 in Kunming, China in 2021. have joined the Global Ocean States need to focus on: foundations to policy decisions/initiatives are essential to succeed against the IUU Fishing crisis, be successful policy must translated into effective program actions to deliver the desired goal(s), resources -trained and properly funded, with access to new technologies and strong collaborations regionally, and internationally are also critical to stopping Coastal States must be steadfast towards ending IUU Fishing everywhere.
• Legislative/regulatory
nationally,
• As of August 23, 2021 approximately 54 countries
Alliance.Discussion and Conclusions Coastal/ SID
Thank You! Annexes to Presentation 1)The New BBNJ Convention, 2) Amendments to Canada’s Fisheries Act of 2019, 3) Revisions to Canada’s Oceans Act of 2019, 4) Amendments to Coastal Fisheries Protection Act and Regulations of 2019, 5)Canada and the PSMA, - 216
New BBNJ
The Convention
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The new BBNJ •
The marine areas beyond national jurisdiction (ABNJ) comprise 40 percent of the earth's surface, and covers 64 percent of the surface of the ocean and 95 percent of its volume. Canada has supported UN negotiations to expand UNCLOS to include a new legally binding instrument on the conservation and sustainable use of marine life in areas beyond national jurisdiction BBNJ
The new BBNJ
• Canada is participating in the Intergovernmental Conference on Marine Biodiversity of Areas Beyond National Jurisdiction to develop a new international treaty to protect biodiversity in the high sea areas.
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The new BBNJ seeks to: Address human impacts on Biodiversity through EIAs and area-based management tools (i.e. Marine Protected Areas). Enhance requirements for the monitoring and reporting of ABNJ activities such as fishing and ocean mining, and marine pollution and their impacts (or lack thereof) on BBNJ, Assessment of cumulative impacts (e.g. marine sound, climate change, acidification) in ABNJ,
The agreement will fill several major gaps in international ocean law. The current gaps include: High seas marine protected areas, Environmental impact assessments, – Access and benefit sharing to marine genetic resources, Capacity, development and technology transfer related to these legal gaps.
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The new BBNJ seeks to: Strengthening of surveillance and security mechanisms to protect activities and resources in ABNJ, Identify “significant ocean areas” as requiring special consideration for industry operations in ABNJ. Improved international collaboration by coastal states in protecting Biodiversity in ABNJ,
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The UN General Assembly passed the UNGA resolution 72/249 of 24 December 2017, in which it decided to convene an intergovernmental conference, to consider the recommendations of the Preparatory Committee on the elements and to elaborate the text of an international legally binding instrument under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction.
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The new BBNJ Convention Postponed
The General Assembly decided on August 30, 2021 to postpone the fourth session of the conference to the earliest possible available date in 2022, preferably during the first half of the year;
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Amendments to Canada’s Fisheries Act of 2019 2019 Fisheries Act Amendments to Strengthen Enforcement • Objectives • Update and strengthen enforcement powers, • Enhance fishing gear compliance, • Improved authority of the courts for the receipt of evidence, seizure and forfeiture, • Clarification of authority to cancel and suspend licences for unpaid fines, • Establish an alternative measures agreements regime. - 220
Update and strengthen enforcement powers of Fishery Officers: Power to stop and detain vessels or vehicles (Subsection 49(4)); Authority to exercise inspection and enforcement powers on Canadian fishing vessels in foreign ports or in foreign waters (Section 87.1); Duty to keep records for catch certification purposes (Subsection 61(3.1)).
• Amendments are also proposed to enable Courts to order forfeiture of: fish or other things that are unlawful to possess , or illegal fishing gear or equipment found in Canadian fisheries waters or any part of its continental shelf (Section 71.01); and fish proven to have been caught in contravention of the Act (or the proceeds of its disposition) in cases where the person is discharged absolutely or conditionally, or when the court orders a stay of the proceedings (Subsection 72(3).
2019 Fisheries Act Amendments to Strengthen Enforcement
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2019 Fisheries Act Amendments to Strengthen Enforcement
Strengthen Enforcement Enforcement powers and designations (Sections 38, 49, 56.1, 79.61 and 87.1) Add clarity around roles and liability: Role of analysts is expanded to cover the whole Act, and they can issue a “certificate” as evidence in Court (Section 56.1); Fishery guardians are authorized to receive notifications of occurrences (Section 38); and -Officials, and individuals accompanying them, are exempt from personal liability for carrying out their duties in good faith (Section 79.61).
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2019 Fisheries Act Amendments to Strengthen Enforcement Authority of Courts (Sections 71, 71.01 and 72) Amendments to enable Courts to extend the detention of a seized thing beyond the initial period of 90 days, Detention includes any proceeds realized from disposing of a seized thing (Subsection 71(4)).
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2019 Fisheries Act Amendments to
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2019 Fisheries Act Amendments to Strengthen Enforcement • New Alternative Measures A greements (AMAs) (Sections 86.1 to 86.96) • Effectively address contraventions without the need for a costly and arduous court process. • Certain conditions must be met before AMAs can besufficientused: evidence to proceed with a charge; offence is not obstruction or false declaration; and offender accepts responsibility for the offence and the outcome of the facilitation. 2019 Fisheries Act Amendments to Strengthen Enforcement • Alternative Measures Agreements (AMAs) involve the development of a plan to remedy the effects of the offence . • Charges at issue are stayed pending the negotiation/ implementation of the conditions of the AMA. • However, it is an offence to contravene an AMA. - 223
2019 Act Amendments to Strengthen Enforcement
2019 Fisheries Act Amendments to Strengthen Enforcement fishing gear compliance 24, 29 and 43)
Clarify that fish harvesters must not only ensure that their fishing gear does not obstruct navigation, but also that the equipment attached to it (such as ropes) does not result in an obstruction for other vessels (Section 24).
Authorize Governor in Council to make regulations respecting the variation of fishing gear or equipment. This authority will provide greater flexibility for DFO to vary gear in response to changing conditions in a fishery (Paragraph 43(1)(m)), such as avoiding entanglement of SARA listed Northern Right whales.
Clarify that fishing gear, including logs, rocks or other such items can not be used to obstruct the passage of fish (Section 29).
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(Sections
The Oceans Act amendments also introduced the principle of ecological integrity for the first time in Canadian marine law, and also incorporated the precautionary principle into the Act.
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Revisions to the Ocean Act of 2019 Amendments to the Oceans Act
• Canada renewed its Oceans Act in May 2019, (amended by Bill C-55), and created a new order power to create interim MPAs quickly, (which was used to designate Tuvaijuittuq MPA in August 2019).
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• The MPA can be in force for up to five years during which the process to establish a permanent MPA would be would continue.
Applying the Precautionary Principle
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• Under the revisions, the Fisheries and Oceans Minister is now required to apply the precautionary principle when deciding to establish any MPA under the Ocean Act,
Ministerial Order to Create an MPA
• Enforcement powers and fines were strengthened to align with updated, current provisions in other legislation (i.e. the Environmental Enforcement Act ).
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The DFO Minister may issue a Ministerial Order, to provide interim protection to an MPA area identified for conservation.
After the five years, the MPA would be repealed or will have been replaced by a permanent measure, such as a GIC regulation.
Networkfollowing:ofmarine protected areas
• (1.1)
Ecological Integrity For the purpose of paragraph (1) (f) ecological integrity means a condition in which: (a) the structure, composition and function of ecosystems are undisturbed by any human activity; (b) natural ecological processes are intact and selfsustaining; (c) ecosystems evolve naturally; and (d) an ecosystem’s capacity for self-renewal and its biodiversity are maintained.
Network of MPAs
(2) For the purposes of integrated management plans referred to in sections31and32, the Minister shall lead and coordinate the development and implementation of a national network of marine protected areas on behalf of the Government of Canada.
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The revised Ocean Act also compels the DFO Minister to create a Network of MPAs, • (2)Subsection 35(2) of the Act is replaced by the
Enforcement Powers and Penalties • Enforcement Powers were strengthened forInspections, Seizure, Direction and Confiscation and Forfeiture, Detention of Ships, Compliance Orders, • The levels of Offences for Persons and large and small Corporations upon summary and/or indictment conviction have been increased substantially, • Maximums now reach $2 million for Persons $8 million for small corporations, and $12 million for large EnforcementCorporations.Officer Powers • 10(1)The portion of subsection39.1(1) of the Act before paragraph (b) is replaced by the following: • Inspections39.1(1)
For a purpose related to verifying compliance or preventing non-compliance with this Act and the regulations, an enforcement officer may enter and inspect any place, including any conveyance, in which the enforcement officer has reasonable grounds to believe, that there is any thing to which this Act or the regulations apply or any book, record, electronic data or other document relating to the application of this Act or the regulations, and the enforcement officer may, for that purpose, (a)open or cause to be opened any container that the enforcement officer has reasonable grounds to believe contains that thing, book, record, electronic data or other document;
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• Detention order to ship 39.21(1) An enforcement officer may make a detention order in relation to a ship if they have reasonable grounds to believe that the ship or a person on board the ship has committed an offence under this Act in Canadian waters or the exclusive economic zone of Canada and that the ship was used in connection with the commission of the offence.
Seizure Seizure(1.2)
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Direction of ship to place 39.2 An enforcement officer may direct a ship to move to any place in Canadian waters or the exclusive economic zone of Canada if they have reasonable grounds to believe that the ship or a person on board the ship has committed, is committing or is about to commit an offence under this Act in Canadian waters or the exclusive economic zone of Canada and that the ship was, is being or is about to be used in connection with the commission of the offence.
For the purposes of subsection (1), the enforcement officer may seize any thing that the enforcement officer has reasonable grounds to believe: (a) was used in the contravention of this Act or the regulations; (b) is something in relation to which this Act or the regulations have been contravened; or (c) was obtained by the contravention of this Act or the regulations.
Order to Ship Order to ship
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Compliance Order If an enforcement officer has reasonable grounds to believe that a person is committing an offence under this Act or is about to commit an offence under this Act the enforcement officer may issue a compliance order directing any person described in subsection (3) to take, at their own expense, any of the measures referred to in subsection (4) that the enforcement officer believes are reasonable in the circumstances, and consistent with the protection and preservation of the marine environment and with public safety, in order to cease the commission of the offence or to refrain from committing it.
• Compliance order • 39.22(1)
(2) For the purposes of subsection (1), an order is deemed to have been given to the ship and is binding on it, if (a) the order is given to the master or another officer, the authorized representative, the owner or the operator of the ship; or (b) in the case of an order that cannot be given to any person referred to in paragraph (a) despite reasonable efforts having been made to do so, the order is posted on any conspicuous part of the ship.
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• 12(1)The
Offence
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Things Seized,
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Seizure and Forfeiture Detained, Abandoned or Forfeited portion of subsection39.3(1) of the Act before paragraph (a) is replaced by the following: Custody of things seized 39.3(1) Subject to subsections (2) to (3.1), if an enforcement officer seizes a thing under this Act or under a warrant issued under the Criminal Code , (2)Section39.3 of the Act is amended by adding the following after subsection (3): Release of seized fish (3.1) The enforcement officer who seizes any fish as defined in subsection2(1) of the Fisheries Act may, at the time of the seizure, return to the water any fish that they believe to be alive.
Offences and Punishment and punishment
39.6(1) Every individual or corporation that contravenes subsection39.21(5) or39.24(1), a regulation made under paragraph35(3)(c) or (d) or52.1(a), or an order made under subsection35.1(2) or36(1) is guilty of an offence and liable (a) on conviction on indictment, (i) in the case of an individual, (A) for a first offence, to a fine of not less than $15,000and not more than $1,000,000,and (B) for a second or subsequent offence, to a fine of not less than $30,000and not more than $2,000,000, -
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• ii) in the case of a corporation, other than a corporation referred to in subparagraph (iii), (A) for a first offence, to a fine of not less than $500,000and not more than $6,000,000,and (B) for a second or subsequent offence, to a fine of not less than $1,000,000and not more than $12,000,000,and (iii) in the case of a corporation that the court has determined to be a small revenue corporation, (A) for a first offence, to a fine of not less than $75,000 and not more than $4,000,000,and (B) for a second or subsequent offence, to a fine of not less than $150,000and not more than $8,000,000; or
Offences and Punishment
Offences and Punishment • (b) on summary conviction, (i) in the case of an individual, (A) for a first offence, to a fine of not less than $5,000and not more than $300,000,and (B) for a second or subsequent offence, to a fine of not less than $10,000and not more than $600,000, (ii) in the case of a corporation, other than a corporation referred to in subparagraph (iii), (A) for a first offence, to a fine of not less than $100,000and not more than $4,000,000,and (B) for a second or subsequent offence, to a fine of not less than $200,000and not more than $8,000,000, and
Amendments
Offences and Punishment (iii) in the case of a corporation that the court has determined to be a small revenue corporation, (A) for a first offence, to a fine of not less than $25,000and not more than $2,000,000,and (B) for a second or subsequent offence, to a fine of not less than $50,000and not more than $4,000,000. to the Coastal Fisheries Protection Act of
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Coastal Fisheries Protection Regulations
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Coastal Fisheries Protection Act of 2019
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Under theCFP Regulations, the Fisheries and Oceans Canada has the legislative and regulatory mandate to control port entry and use of port services in respect of any vessel that is: transporting fish, • equipped or used for fishing, processing or transporting fish from fishing grounds.
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The DFO Minister also has an obligation to close ports to vessels flying the flag of any state that has unsatisfactory fisheries relations with Canada. Amendments to the Coastal Fisheries Protection Regulations (2019) enable the Minister to authorize a foreign fishing vessel to enter Canadian fisheries waters for enforcement purposes (where the Minister is otherwise precluded from doing so under the Regulations).
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Canada and the Port State Measures Agreement
As a responsible member of various regional fisheries management organizations, Canada supports and encourages collaborative efforts to reduce illegal, unreported and unregulated fishing.
Fisheries and Oceans Canada’s mandate also supports vessels used or equipped for provisioning, servicing, repairing or maintaining foreign fishing vessels at sea.
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• For example, Canada has agreed not to allow entry to vessels on the illegal, unreported and unregulated lists of the Northwest Atlantic Fisheries Organization or the International Commission for the Conservation of Atlantic Tunas, except in exceptional circumstances or for enforcement purposes.
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Canada and the PSMA
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Canada and the PSMA is the first binding international agreement to specifically target illegal, unreported and unregulated fishing
The PSMA prohibits the importation of fish caught and harvested in the course of IUU fishing and to clarify certain powers in respect of administration and enforcement of the Act.
The Government of Canada honored its commitment to fight IUU fishing Ratifying the PSMA on July 20, 2019, Enacting the PSMA Implementation Act on June 16, 2019 to amend the Coastal Fisheries Protection Act to implement the FAO Port State Measures
The PSMA provides Canadian Fishery Enforcement Officers enhanced powers to prevent illegally harvested fish and seafood products from entering the international market through Canadian ports.
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Canada has a strong Port Access Policy based on the concept of a ‘closed-port’ approach which was implemented in 2003 through the Coastal Fisheries Protection Act and Regulations. Under the Port Access Policy, the Minister of Fisheries and Oceans has the discretion to grant a licence to foreign fishing vessels to enter Canadian waters and designated ports. However, the vessels are subject to certain limitations set out in the Coastal Fisheries Protection Act and Regulations -
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Port States Measures Agreement
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Port State Measures in Canada
The PSMA also sets minimum standards to related activities that support such fishing.
This UN FAO international agreement sets a global minimum standard for measures to be taken by port states against vessels that engage in illegal, unreported and unregulated fishing.
The PSMA recognizes the sovereignty of states to apply more stringent measures regarding foreign vessels seeking to enter their ports
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The PSMA
The PSMA of 2009 entered into force in June 2016,and has 69 parties as of this date. The PSMA applies to fishing vessels seeking entry into a port other than those of their own State, It is estimated that one in every five fish caught around the world every year is thought to originate from IUU fishing vessels, Implementing the PSMA is one of the most cost-effective means to curb IUU fishing.
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Every year, approximately 26 million tonnes of fish caught are unaccounted for, robbing the global fishing industry of up to USD $23 billion.(Agnew, D et al 2009). Illegal, unreported and unregulated (IUU) fishing threatens: safety at sea, the legitimate seafood trade, global food safety and security, jobs and livelihoods, – marine life and their ecosystems, This illicit activity puts honest workers in the fishing industry at a disadvantage as they face unfair competition from lowpriced illegally caught fish.
The PSMA
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The PSMA is the first binding international Agreement to specifically target Illegal, Unreported, and Unregulated Fishing.
•The PSMA’s primary objective is to prevent, deter and eliminate IUU fishing by preventing vessels engaged in IUU fishing from using ports and landing their catches.
• Canada, by implementing the PSMA, contributes to the long-term conservation and sustainable use of living marine resources and marine ecosystems
The PSMA
• Thereby disrupting the supply chain of IUU fish into legal fish and seafood markets around the world.
The PSMA
• By implementing the PSMA, Canada can reduce the incentive of IUU vessels to continue to operate it blocking IUU fishery products from reaching national/ international markets.
• The provisions of the PSMA apply to fishing vessels seeking entry into a designated port of a State which is different to their flag State.
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About Port State Measures
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Advantages of Port
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Implementing and strengthening Port State measures have already proven to be cost-effective. They have helped to prevent, deter and eliminate illegal, unreported and unregulated fishing activities around the world. By doing so, the measures ensured the long-term conservation and sustainable use of living marine resources and marine ecosystems. For example, several illegal, unreported and unregulated vessels fishing in the area regulated by the NorthEast Atlantic Fisheries Commission (NEAF) were decommissioned because they were consistently denied port access by Commission members.
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Port State measures are requirements established by states with which foreign vessels must comply as a condition of entry and use of the ports within that State. measures can include: in-port inspections, denial of port entry, documentation requirements, denial of use of port services, designation of ports that permit landings, and requirements for pre-port entry notification. State Measures
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• These provisions are consistent with Canada’s port access regime for foreign vessels and interest in bolstering RFMOs.
RFMO Measures under the PSMA
Key provisions of the PSMA build on measures taken in regional fisheries management organizations, including: IUU vessels that are on a RFMO’s IUU fishing vessel list are denied entry into port (or the use of port services), minimum standards for information to be provided by vessels seeking entry into port, cooperation and exchange of information, including verification of fishing authorizations, designating ports that permit landings, minimum standards for inspection and the training of inspectors, recognizing the need to assist developing countries with implementation-standing.
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IUU fishing and the WCPO tuna fishery Reality and Challenges A View from the Wharf Francisco www.franciscoblaha.infoBlaha Day 3 | Presentation 1 - 245
•I work with industry in the Pacific since 1991(since 95 based in New Zealand), and as a advisor for FFA, NZMFAT, EU, FAO, UNDP, etc.
•Involved in l fishing since I'm 17. As a fisherman, deck officer, fisheries observer, fisheries scientist , factory QC, R&D Manager, Fishery Industry Officer at FAO Rome and a Consultant.
Beforee II start • I been a guest worker in the Pacific for over half my life. • In no way, shape or form I dare to speak “for” the Pacific. • I been honored a few times to speak “with” the Pacific on some aspects, but that’s it • I’m a guest in the region, not a host. • No one needs someone else from afar to speak on their Whobehalf.amI?•Ridiculous mixture of Austrian, Guarani-Argentinean, Russian-German and a proud New Zealandcitizen
•I have a MSc in Fisheries Biology (1991), a MSc in Food Science (2000).
•When I’m not doing my work,I write a fisheries blog,I cook for my family, play music and go surfing, outrigger paddling, ocean swimming, spearfishing as much as I can. - 246
Who am I? But basically I’m an overqualified fisherman What Pacific I’m talking about? - 247
How important is tuna fisheries in the Central & Western Pacific? How important is the Central and Western Pacific for Tuna fisheries? - 248
How Tuna Fisheries are managed in Central and Western Pacific? The WCPFC FFA and SPC that are Thecountries.membersupportthatorganisationsregionalprovidetoits PNA The governmentsnational What these institutions do and how they relate to each other? • WCPFC: managementoverallbyconsensus • SPC: Science and data management service provider to WCPFC, FFA, PNA. • FFA: Fisheries policy, management and compliance for its members • PNA: Sub group of FFA members in management and commercialization of PS tuna. • National governments: Bring their own needs - 249
What is our report card for 2019? • Skipjack tuna,is not overfished and overfishing is not occurring • South Pacific albacore tuna is not overfished and overfishing is not occurring • Yellowfin tuna, according to the 2019 assessment, is not overfished and overfishing is not occurring. • Bigeye tuna, according to the latest assessment in 2020, is not overfished and overfishing is not occurring. How that compares with other oceans? - 250
Bycatch? Lots more to work on Bycatch? Lots more to work on - 251
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License and access fee revenue: The figure at right shows very large growth in the overall value of license and access fee revenue. Under the current trend the 25% increase is likely to be achieved before However,2020.this growth has been achieved from purse seine vessels operating under the PNA Vessel Day Scheme and this has slowed in recent years.
Value The share taken by FFA fleets (includes flagged and chartered vessels) has increased significantly in recent years, with the value share rising from 31% in 2013 to 49% in 2018 to exceed the 2020 target. Is the Pacific benefiting from their fish? Is the Pacific benefiting from their fish?
Total employmentdirect in the fishing industry (FFA Pacific Island members’ public and private sectors) continues to grow, providing around 22,500 jobs in 2017 –an increase of around 7,000 since 2013. Is the Pacific benefiting from their fish? Different oceans, different mixes
Pacific: Illegal + unreported: under two different RFMOs, difficult control, mile 201 fishing Western and Central Pacific: Unreported: All legal but under and misreporting happens What about IUU fishing? Is all the same everywhere? NO - 253
South
Atlantic of
East Africa: Illegal (unlicensed vessels, illegal transhipments, incursions into EEZ, etc)
Eastern
Atlantic: Unregulated: the area is not under the management of a RFMO, mile 201 “free” fishing
What about MCSMonitoring, Control & Surveillance of IIU fishing? Regional unity has produced via FFA a unique set toolsandMonitoring,ofControlSurveillance(MCS)like: • FFA VMS • WCPFC (VMS)MonitoringVesselSystem • SystemIdentificationAutomatic(AIS) • Electronic Op Room (E-Ops Room) • RegionalSurveillance Picture (RSP) What about MCS? Regional unity has produced via FFA a unique set (MCS)andMonitoring,ofControlSurveillancetoolslike: • FFA VMS • WCPFC (VMS)MonitoringVesselSystem • SystemIdentificationAutomatic(AIS) • Electronic Op Room Room)(E-Ops • PictureSurveillanceRegional(RSP) - 254
Regional unity has produced a unique set like:(MCS)SurveillanceControlMonitoring,ofandtools • Index;complianceVessels • countriesmembertoinformationofReplicationthisall High risk FFA VMS contactMedium risk FFA VMS contacts Low risk FFA VMS contacts Medium risk WCPFC VMS contactMedium risk AIS contact What about MCS? The four forcesFranceZealand,helpvessels)(planeavailablealloperationssurveillanceregionalcoordinatedFFAusingtheregionallyassetsandpatrolplustheoftheNewAustralia,andUS What about MCS? - 255
The VesselsAccessandMinimumHarmonizedTermsConditionsforbyFishing , for all vessels intending to fish in the regional waters; Framework for foreign vessels to operate under the same minimum rules (going since 1983) Uniform and consistent application -ensures the Pacific island countries are not played off against each other by Distant Water Fishing Nations Includes minimal labourstandards since 1 January 2020 What about MCS? Solid registers like the FFA VesselsRegisterRegionalofFishing(RR) list of vessels in good standing, for those that are compliancein with the VesselsAccessandMinimumHarmonizedTermsConditionsforbyFishing , for all vessels intending to fish in the regional Andwaters;also sync to the WCPFC What about MCS? - 256
Observers Programme • Over deployments2000 a year 100% PS and 5% Longline • Scientific Data • ObservationContinuous of the fishing characteristic & effort, resourcecompositioncatchandyield • Monitor exploitedwhichconditionsregulatoryunderresourcesare • Surveillance datavessel and aircraftWhatsightingabout MCS? The Niue Treaty, which is agreementan fishingpenalizingprosecutingmonitoring,cooperationproceduresinformationexchangeincludesfishingandmonitoring,FFAcooperationonbetweenmembersaboutcontrolsurveillanceofMCS–itprovisionsonofplusforinandillegalvessels;and Cooperation in conducting cooperative surveillance and enforcement activities Cooperation in sharing fisheries data and intelligence (FDI) Niue Treaty Information System Regional Information Management Facility NotificationsInformationAuthority MANDATORY data for fisheries purposes OPTIONAL –additional FDI Sharing of FDI for broader law enforcement purposes eaty Information tions nformation Mana ORYdatafor fishe What about compliance? - 257
The region has been very advanced in terms of • Electronic Reporting • Electronic Monitoring • management(viaDatabase SPC & PNA FIMS) What about compliance? Mostly yes Is it working? The 2016 IUU Quantification Report estimated the value of total product involving IUU activity in Pacific tuna fisheries …. • 306,440 tons…esttotal volume • USD $616.11m, esttotal value • A potential economic loss to Members of $152.67m. • This IUU fishing is mostly driven by licensed vessels (over 95% of the total estimated volume and value of IUU activity) and primarily relates to underreporting, misreporting and non-reporting • 2020 update is showing a 50% reduction - 258
• Scales to transhipmentsmonitor • Port FrameworkMeasuresStates • CatchDocumentationScheme • Incentives those(andmakingcomplianceoperatorsfisherycheapercompliance:forprovideaccesstothe(orsimpler)forthathaveagoodhistory,whilstitmoreexpensivemorecomplicated)forwhodon’t. In the horizon? In the horizon? • Scales to transhipmentsmonitor • Port States Measures Framework • Catch SchemeDocumentation • Incentives cheapercompliance:forprovideaccesstothefishery (or simpler) for operators that have a good compliance history, whilst making it more expensive (and more complicated) for those who don’t. - 259
Challenges? Many… Is the biggest fishery in the world after all, here are somee some • Data Management and visualizations • Machine Learning • Artificial Intelligence • Our MCS -IT needs a big step forwards Further integration of EM and ER into everyday operations • But there are legal issues to (electronicsortevidence) it may no work for some type of infractions • Data capabilitiesprocessingand “dry observers” capabilities • Proprietary software and costs • Enforcement capacity • HS based longliners, (not touching port forChallenges?years) Many… Is the biggest fishery in the world after all, here are some - 260
Through a binding conservation and management measure (CMM)—CMM 2009–06—the WCPFC prohibits longlinersand other vessels from transhipping on the high seas except where CCM has determined that “it isimpracticable for certain vessels . . . to operate without being able to tranship on the high seas.”
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Challenges? Many… Is the biggest fishery in the world after all, here are some High Seas Transhipments
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Challenges? Many… Is the biggest fishery in the world after all, here are some Notice how most of these transshipmentstake place on the borders of EEZs, rather than in the most isolated areas of the high seas, where it really will be impractical.
High Seas Transhipments
• Just 4 countries —China, Chinese Taipei, Korea and Vanuatu—accounted for 84% and 89% of those transhipments in in the last 4 years, respectively.
• Reported high seas transhipment events continue to increase with 552 events reported in 2014 to 1,809 events reported in 2020.
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Sonar FADs Management / Effort Creep / Behaviour •
The number of transmissions from buoys almost doubled in 2017 (8.6 million compared to 4.5 in 2016) and the number of individual buoys active in the available data was 10,915 in 2016 and 18,405 in 2017. could be inclined to think that with so many FADs there are actually no free schools… but just schools swimming in between FADs kernel density of deployments of buoys per 1°grid cell during 2017. Maximum number of deployments per cell is 300 in 2017 Is the biggest fishery in the world after all, here are some standards young man earns 350 USD/ month on a 3 year contract no going home If he was in a Spanish FV he’ll be making 1000, 4 months on -2 to 4 down If he was in a Ecuadorian FV, he’ll be on 500USD+ month with 75 days off a year (paid) Our FFA MTCs guarantees him a contract but not the amount of his salary. is not only labour, it is also about Is the biggest fishery in the world after all, here are some - 262
Smoothed
Challenges? Many…
Labour
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The total number of deployments varied between 30,700 and 56,900 in 2016 (based on average and quantile 95%) and 44,700 and 64,900 in 2017”.
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Challenges?exploitation Many…
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Challenges?earth.Many… Is the biggest fishery in the world after all, here are some - 263
• Tuna is the lifeline of the Pacific but the balance of benefits is entirely skewed, in a way that has not moved far from the times of colonialism.
• Colonialism still around here… France, UK, USA, Chile and Indonesia have control of some pacific islands
• The Pacific is the playground for diplomatic influence.
• DWFN are not playing their part as responsible flag states
• For non-PICs and DWFNs the issue of sustainability is one of long-term financial benefit. However, for PICs it is also an identity and food security issue, one that DWFNs have less trouble with, as they can leave… but PICs can’t.
• This was the entry to the office and equipmentboardingofamain fisheries port in the region (2017).
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Challenges? Many… Is the biggest fishery in the world after all, here are some Under resourcing of fisheries administrations
Fisheries can be a vehicle for other purposes and incredible pressures come come from the DWFN.
Dealing with the level of development of the present fisheries requires excellence, yet we pay less than mediocrity to fisheries officers
• At 55 I’m older than most the countries I work, yet I have experienced more “humanity” here in places that barely figure on maps, than in countries whose “empires” covered the
• The funding for the organizations and for talent retention is woefully low in comparison of the value of the fishery.
Geopolitics and subsidies
Yet the competing needs at country level (i.e. health, infrastructure, communications,education,etc)are to be attended as well.
• In 2020 the excellent actions of an officer lead to the arrest of a vessel with fines of around 3,000,000 USD, yet he only earns 20,000 USD a year.
Challenges? Many… Is the biggest fishery in the world after all, here are some of my “favourites” Pathways to sustaining tuna dependent Pacific Island economies during climate change July 021-00745-zhttps://doi.org/10.1038/s41893-2021HereweputtherulesandcontrolthemHerewedon'tTunaismovingEast Climate AttractingChangediversity and new ways of thinking • I think I have been one of the youngest consultants in fisheries in the region for over 20 years now … and that reflects very badly on us as a sector… • if you were to try to design the stereotype of a fisherman, you wouldn't fall far from a big bearded man with sun and salt dry skin that is weary of paper pushers. So you’ll come not far from me… • Yet if my gender, age, and background represent the only good way to do things, then how come we are facing the problems we have? • How hypocritical would it be of me to not try to bring in and listen to new voices, new perspectives, new ways to do things. • We need capable people that is keen to help to work things out… not just point fingers Challenges? Many… Is the biggest fishery in the world after all, here are some - 264
Questions? “I am not young enough to know everything” Oscar Wilde - 265
Tools in Tuna RFMOs in the Fight against IUU Fishing Jung-re Riley Kim Ministry of Oceans and Fisheries of Korea Day 3 | Presentation 2 - 266
I will be taking about what regional fisheries management organizations are, how they are related to the UN and its specialized agencies, what they do to conserve and manage fish stocks and related ecosystem what tools they have to ensure compliance to fight against IUU fishing I will be talking about Introduction to RFMOs Tools of RFMOs in the Fight against IUU Fishing - 267
What is an RFMO? Intergovernmental organization where governments are represented shared responsibilities for fish under their management No membership, no fish 50 Regional Fisheries Bodies, five of them are tuna RFMOs FAO Area Map - 268
Five Tuna RFMOs Five Tuna RFMOs - 269
How RFMOs are Related to UN How RFMOs are Related to UN •••••• - 270
What does an RFMO do? Adopt conservation and management measures Conduct scientific work, including stock assessment Monitors compliance with conservation and management measures Conservation and Management Measures RULE BOOK of RFMOs Renewed, revised or introduced at Commission meetings Based on Members’ proposals Different level of obligations and different names amongst RFMOs - 271
Measures for fish stocks and bycatch CMM WCPFC ICCAT IATTC IOTC CCSBT CatchlimitsOBigeye,PacificBluefinTunaOBigeye,AtlanticBluefin tunaAlbacore,Swordfish,etcOBigeyetunaOYellowfintunaO SharkSouthernBluefintuna SeabirdsOOOOO cetaceanOOOOO OforpurseseinersXOforpurseseinersOforpurseseiners RFMO Structure CommissionCommittees •ScientificCommittee •ComplianceCommittee •FinanceandAdministrationCommitteeWorkingGroups Final CommissionAdvicedecisionstothe - 272
IUU Fishing in the RFMO Context Awareness on IUU fishing in the early 1990s UNFSA called on the need to address illegal fishing activities CCAMLR coined the term “IUU fishing in 1997” FAO Compliance Agreement and IPOA-IUU Examples of IUU fishing fishing without authorization, fishing in an area of an RFMOs while the flag state is not a Member fishing with a vessel without a flag, fishing in excess or without allocated fishing opportunities, fishing in a closed area or period, cooperating or supporting an IUU fishing vessel, fishing for prohibited species - 273
RFMO Tools to Fight IUU Fishing Catch Documentation Scheme List of Authorized Vessels Vessel Monitoring System High Seas Boarding and Inspection Scheme Compliance Evaluation Procedures Observer Programs Port State Measures Listing of IUU Vessels Some MCS Measures of t-RFMOs MCS measures WCPFC ICCAT IATTC IOTC CCSBT Catchdocumentation schemeorstatisticalprogramXCDSforbluefinStatisticalprogramfor AuthorizedbigeyestatisticalprogramstatisticalprogramCDSforSBT Vesselvessellistooooo HighMonitoringsystemooooo seasboardingand inspectionsoconsideringconsideringconsideringX - 274
Some MCS Measures of t-RFMOs MCS measures WCPFC ICCAT IATTC IOTC CCSBT ComplianceReviewooooo Onboardobserversooooo Transshipmentobservers100%100%100%100%100% Port state measures What are major elements? Port entry or OtherInspectionuseelements Are t-RFMOs’ PSM consistent with FAO? Any room for improvements? - 275
Port state measures-major elements Advance notice of port entry required Denial of use of ports when a vessel is in a port Any denial of port entry Explicit communications regarding denial of entry or use Port entry or use Port state measures-major elements Minimum inspection levels Priorities for inspectors Minimum standards for inspector training or functions Minimum standards for inspection reports Reporting on all port inspections Inspection - 276
Port state measures-major elements Force majeure provisions Applicability to all CPC ports no matter where located Requirements apply to any foreign-flagged vessels seeking access to port Other elements Port state measures elements CCSBT ICCAT WCPFC IOTC Advance noticeofportentryrequired O O X O Denial ofuseofportswhenavesselisinaport X O X O Any denialofportentry O O X O Explicit communicationsregardingdenialofentryoruse X O x O - 277
Port state measures elements CCSBT ICCAT WCPFC IOTC Minimum inspectionlevels O O X O Priorities forinspectors O O O x Minimum standardsforinspectortrainingorfunctions X X O O Minimum standardsforinspectionreports O X O O Reporting onallportinspections O X X O Port state measures elements CCSBT ICCAT WCPFC IOTC Force majeureprovisions X O O O Applicability toallCPCportsnomatterwherelocated No CA O O X Requirements applytoanyforeign-flaggedvesselsseekingaccess to port OOX O Information source: ISSF Technical Report 2021-09 Holly Koehler, page 11 - 278
IUU Vessel Listing Holds the flag state accountable Effective tool that complements lack of national actions IUU Vessel Listing - 279
Issues for further considerations The use of diverse information sources including a third party Improvements in decision making ConsistencytransparencyamongRFMOsAndwhatelse? What constitutes IUU fishing Information source: ISSF Technical Report 2021-02 Claire van der Geest, - 280
Cross listing of IUU lists among t-RFMOs CCSBT, IATTC and IOTC have IUU vessel cross-listing procedures Why Cross-listing? What are the obstacles? IUU-listed vessels are not allowed to.. - 281
De-listing Requirements Information source: ISSF Technical Report 2021-02 Claire van der Geest, Emerging, multifaceted issues Safety of those on board fishing vessels Labor standards for crew on fishing vessels marine ClimatepollutionchangeAndwhatelse? - 282
Information Source for my Questions?presentation - 283
Day 3 | Presentation 3 - 284
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• Global study on transshipment • working on a suite of documents to guide the methodology of future IUU fishing estimations • The implementation of Voluntary Guidelines on the Marking of Fishing Gear(VGMFG) - 297
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Source: “A Study on How to Improve Fishing Vessel Workers’ Safety and Rights in accordance with International Law” by Peter Han, et al., 2020; - 312
Korea’s recently developed distant water fishery e-logbook app offers convenience
water fisheries development strategy to be developed based on integrated database of Electronic monitoring system i.e., electronic logbook, observer data, FMC monitoring results
COVID-19 holding back exports/imports but Korea’s distant water fisheries production to maintain previous Distantlevels
Need to develop into fishing operation system driven by 4th industrial revolution: Pilotproject on autonomous fishing vessel (2025-)
Prioritize vaccination of international voyagers, depending on COVID situation
Expand remote health care system for those who engage in distant water fisheries
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Seafarer human rights, fishing vessel safety to be critical Urgent need to respond to and prepare for ratification of international regulations that bolster seafarer rights and fishing vessel safety, i.e., IUU regulations, ILO C188, IMO CTA, etc. Measures underway, i.e., preparation for ratification, safe fishing vessel development
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Quality Management Service, Regional O&F Administrations are responsible for port state control, but fishers themselves need to comply with standards and make efforts to abide by regulations for sustainable oceans and fisheries industry.
Need to share Korea’s experience and efforts in fighting IUU through international cooperation and ODA projects
MustKorea’smeasuresandactionstakenincludingFMCtomeetinternationalstandardDistantWaterFisheriesDevelopmentActamended,IUUmonitoringtobereinforcedinlittoralseacloselyworkwithinternationalcommunitytocombatIUUfishinginmain
MOF,NationalFisheryimportantProducts
waters of operation, i.e., South Pacific, Atlantic, Indian Ocean, Antarctic Ocean as well as waters surrounding Korea
Korea has taken on challenges and measures against IUU fishing but needs to do more. Response to FAO, ILO, IMO conventions/guidelines particularly important.
Distant water fisheries:
Building the legal framework and implementing laws in organic collaboration with relevant organizations critical in fighting IUU fishing –Building capability to bolster execution is
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Day 3 | Presentation 4 - 316
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The EU IUU OverviewRegulation World21MartimeUniversityOctober2021RobertoCesari–HeadofUnitDGMAREB4–IUUFisheriesPolicy Day 3 | Presentation 5 - 335
IUU fishing –a global problem • IUU fishinghas no frontiersand israpidlyevolving • Estimates says: • IUU practices worldwide amount to around EUR 10 billion every year •IUU fishing represents around 19% of the worldwide reported value of catches • Environmental and socio-economic impacts, in particular developing countries pay a high price due to lack of resources to protect its waters • Under international law: flag, coastal, port and market States and States whose nationals are involved in fisheries all have responsibilities IUU fishingInternational measures available • International tools (e.g. UNCLOS, UN Fish Stock Agreement, FAO Compliance Agreement, FAO PSMA, FAO IPOA IUU, RFMO Measures for Control, Conservation and Management and Catch Documentation Schemes) • Related aspects: UNODC, ILO, INTERPOL, OECD • FAO Port State Measures • prevents IUU vessel entering into any port State applying these measures • Important tool as illegal operators at sea will have nowhere to land their fish • Entered into force in June 2016 – 66 members including the EU ratified - 336
The EU IUU Regulation Legal Framework: • IUU Regulation (No 1005/2008) - enforced on 1 Jan 2010 • Implementing regulation (No 1010/2009): • amended in January 2010 (No 86/2010), May 2010 (No 395/2010), March 2011 (No 202/2011) and November 2011 (No 1222/2011) • EU IUU vessels list: Commission Regulation No 468/2010 –most recently amended by No 2021/1120 • The EU is the largest importer of fishery products • The EU has a key role to play in the global fishery production and market and must therefore take a key role in the fight against IUU fishing • Measures –in the 2000’s –already adopted at regional and international level were not sufficient enough to fight IUU fishing • Objectives of IUU regulation: improve efficiency of controls and ensure traceability of all fishery products traded with the EU IUU fishing –the role of the EU - 337
The EU IUU Regulation • Does not introduce any new conservation and management measures › Applies international rules, laws and regulations of states, including international conservation and management measures › Aims at improving management and control of flag States over their vessels in line with international law • Transparent and non-discriminatory instrument › Applies to EU Member States and third countries › All fishing vessels under any flag in all maritime waters › All marine fishery products, processed or unprocessed, traded with the EU › Seeks to hinder EU nationals from conducting IUU activities under any flag, in any waters The EU IUU Regulation Main components • Provisions on the inspection of third country fishing vessels in ports of a Member State • The catch certification scheme • The EU IUU vessel list • Cooperation with third countries/list of noncooperating third countries • Provisions concerning EU nationals • Assistance to third countries • System for mutual assistance and administrative cooperation - 338
Main operational tool: catch certifications scheme Objective: to ensure that the fishery products arriving in the EU market do no stem from IUU activities= FISH IS LEGAL • The EU catch certification scheme CATCH -Digital transition • Transitionfrompapercatchcertificatestodigital • SingleEUwideITplatformleadingtoamoreevenimplementationinMemberStates • Allowsforrisk-focusedverificationsbasedonriskanalysis • isnotfraudulentuseofcatchcertificatesProvidesforEU-widequantitymanagementensuringthatthere • legislation(thelatterindicatively2022)CATCHbyimportersforeseen2yearsafteradoptionofrevisedCompulsorysubmissionofcatchcertificationschemedatathrough - 339
Cooperation with third countries The dialogue processat a glance The dialogue process Overview of existing procedures with third countries Cooperation with third countries Country Pre-Identification Pre-Identification RevokedIdentification Listing Delisting Belize November 2012 N/A November 2013 March 2014 December 2014 Cambodia November 2012 N/A November 2013 March 2014 February 2021 Comoros October 2015 N/A May 2017 July 2017 Curaçao November 2013 February 2017 Ecuador October 2019 Fiji November 2012 October 2014 Ghana November 2013 2. June 2021 October 2015 Kiribati April 2016 Korea November 2013 April 2015 Liberia May 2017 Panama 1. November 2012 2. December 2019 October 2014 Papua New GuineaJune 2014 October 2015 Philippines April 2015 Republic of GuineaNovember 2012 N/A November 2013 March 2014 October 2016 Sierra Leone April 2016 Solomon Islands December 2014 February 2017 Sri Lanka November 2012 N/A October 2014 February 2015 June 2016 St Kitts and Nevis December 2014 St Vincent and GrenadinesDecember 2014 N/A May 2017 July 2017 Taiwan October 2015 June 2019 Thailand April 2015 January 2019 Togo November 2012 October 2014 Trinidad and TobagoApril 2016 Tuvalu December 2014 July 2018 Vanuatu November 2012 October 2014 Vietnam October 2017 - 340
Tangible resultsin thirdcountries • Improved governance • Revised legislation • Strengthened sanctions • Cooperation, coordination and mobilisation of different relevant authorities • Political commitment to the highest level Strengthened MCS • Improved vessel monitoring • Reinforcement of inspections and controls Improved traceability throughout the supply chain • Cross-checking and validation of CC data A new dynamic… Cooperation with third countries EU actions: third countries, Member States and stakeholders • The European Commission is committed to assist third countries in the implementation of the IUU Regulation •Technical assistance through IUU dialogues •SFPA’s: e.g. sectoral support for developing MCS to fight IUU fishing • PESCAO, PEUMP, ECOFISH (DEVCO Regional projects) • EU Member States receive regular training on the implementation of the IUU Regulation (EFCA) • Stakeholders are regularly updated on the state of play - 341
• Thank you! All information, including regulations, guidance notes, etc., can be found http://ec.europa.eu/fisheries/iuuon: - 342
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Overview fishing/fisherof safety in relation to IUU fishing Ari Gudmundsson Independent Expert, Iceland WMU-MOF-KMI CAPFISH Project First Workshop 19-22 October 2021 World Maritime University, Malmö, Sweden © TomasMarshall Day 4 | Presentation 1 - 345
Outline Fishing – the most dangerous occupation in the world and safety culture Effects of fisheries management policies and IUU fishing on safety National safety strategies to improve safety Available guidance International Comparisoninstruments between cargo ships and fishing vesselsImplementation of international instruments on fishing safety -lessons learned by Iceland Conclusions 2 Fishing -the most dangerous occupation in the world3 Annual fatality rates: Global (ILO study): >80 fatalities/100 000 fishers > 4x higher than the fatality rate in the shipping sector UK fishing: 62 fatalities/100 000 fishers US fishing: 100 fatalities/100 000 fishers Fishersin the UK are 6 times more likely to die than workers in other sectors in the country - 346
©
Many
outdatedpoverty legislation 4
Regulatory framework and awareness raising can help to establish a safety culture
5
The fishing industry is characterized by the lack of a safety culture factors have led to this, such as: poorly designed and built vessels insufficient education and training
Open-access fisheries force crews to work long hours & vessels to operate in bad weather
Safety culture
Access to fishing grounds limited by vessel size, “rule-beaters“, may affect vessel safety negatively
The vessel below is an example of this. It was built in 2018, with a length of 20.99m and height of 10m, and sank in 2019 Kenfishand Norwegian Society for Sea Rescue managersFisheries and together!mustprofessionalssafetywork - 347
Safety to be integrated into fisheries management
Effects of fisheries management policies on fishing safety
IUU fishing and safety at sea
Undermines national and regional efforts to conserve and manage fish stocks
Activities, necessary to develop safety strategies: Accident reporting and analysis Assessment of national needs
Ensuring cooperation and coordination at national level 7 - 348
Development and implementation of national safety strategies
Global safety regime could contribute to the fight against IUU fishing recognized by FAO COFI
Long-term objective of improved safety/health: Holistic and comprehensive national strategies
Participatory approach through consultation with stakeholders to ensure ownership of the process
Operators, who carry out IUU fishing to maximize profits, are less likely to invest money in safety
6
Reduced IUU fishing will result in improved safety
© EnvironmentalJusticeFoundation One in every 5 fish is coming from IUU fishing Accounts for up to USD 23.5 billion per year
IUU fishing: term to define unauthorized fishing activities
Immediate objectives: reduction in accidents and loss of life in capture fisheries higher levels of professionalism within the fisheries sector decent and productive working conditions safe and healthy work practices
has
sizes
agreement to cooperate, acknowledging following respective areas
competence: FAO fisheries in general ILO labourin fishing industry IMO – safety
2nd
Prerequisite: A thorough understanding of the nature of safety and the lack of it step: Record the accident according to its primary nature and its primary cause step: Analyze the accident to explain why and how the into an of of and equipment at cooperation resulted in several for of all as as
sea This
1st
well
fishing vessels
for their crews 9 - 349
Accident
reporting and analysis
mandatory and voluntary instruments that are now available
problem Guidance:aroseMSC/Circ.539/Add.2FAO/ILO/IMOImplementationGuidelinesFAOBestPracticestoImproveSafetyatSeaintheFisheriesSector 8 Available guidance –International instruments In 1960s, FAO, ILO and IMO entered
life, vessels
Fishing Vesselrelated instruments Mandatory Voluntary Application Instrumentsbyvessellengthandenginepower 24mDecked 750kW 12-24mDecked <12m/Decked (all)Undecked M 2012 CapeTownAgreement X V Part BoftheCodeofSafety X V Voluntary Guidelines X V Safety Recommendations X V Implementation Guidelines X X X M ILO WorkinFishingConvention(No.188) X X X V ILO WorkinFishingRecommendation(No.199) X X X M FAO PortStateMeasuresAgreement X X X 10 Fishing Vessel Personnelrelated instruments Mandatory Voluntary Application Instrumentsbyvessellengthandenginepower 24mDecked 750kW 12-24mDecked <12m/Decked (all)Undecked M STCW-FConvention X V Document forGuidanceonTrainingandCertification of Fishing VesselPersonnel X X V Part AoftheCodeofSafety X X X V Safety Recommendations X M ILO WorkinFishingConvention(No.188) X X X V ILO WorkinFishingRecommendation(No.199) X X X 11 - 350
IMO number unchanged during the entire life of the vessel, is inserted in vessel's certificates
Permanently marked on the merchant ships Unchanged during the entire life of the vessel and is useful for improved safety and traceability of IUU fishing
(PSC/PSM) 12
©TryggMat Tracking - 351
The IMO Ship Identification Number Scheme13
Voluntary to fishing vessels down to 12 m LOA, authorized to operate outside the flag State Aims at enhancing maritime safety and pollution prevention and the prevention of maritime fraud
The ‘4 pillars’ of international law regarding fishing-related matters 2012 Cape Town Agreement ILO Work in Fishing Convention (No.188) FAO Port State Measures Agreement STCW-F Convention
thing
One in common: port State control/measures
Every foreign-flag vessel is subject to PSC/PSM, when in a port of another party PSC/PSM inspections are also carried out on foreign-flag vessels from non-parties to ensure that no more favourable treatment is given to such vessels
Mandatory for merchant ships through SOLAS
Market States: Assurance to consumers that conditions for the people, catching their seafood, are safe and decent
Port States: Improved safety of foreign-flag vessels entering their port
Comparison between cargo ships and fishing vessels
Reduced risks for their SAR services
On fishing vessels: Crews must work on open decks, in all weathers, with the hatches open, locating and gathering their cargo from the sea -
15
352
Increased likelihood that IUU fishing practices will be identified
Coastal States: Improved safety for their nationals, i.e. crew and fisheries observers, working on board foreign-flagged vessels
Proposed at 1960 Conference that SOLAS should also apply to fishing vessels
Agreed that the safety of fishing vessels needed to be addressed but in a separate path
Benefits of binding international instruments -examples
Flag States: Recognized safety standards for the national fishing fleet
On merchant ships: Most of hazardous operations are carried out in the safety of the port
14
Main reason: Safety issues on fishing vessels of a different nature from those on merchant ships
Comparison between cargo ships and fishingCargovesselsshipsFishing vessels NUMBER OFVESSELSANDPEOPLE Total numberofvessels 121 thousand 4.6million Total numberofpeopleengagedonmerchantships 1.2million 39 million Total numberofpeoplekilledandmissingperyear 207 24 000 BINDING INSTRUMENTS ON THE DESIGN, CONSTRUCTION AND EQUIPMENT Construction SOLAS (inforce) CTA (notinforce) Stability Load Lines(inforce) CTA (notinforce) Machinery SOLAS (inforce) CTA (notinforce) Fire safety SOLAS (inforce) CTA (notinforce) Protection ofthecrewandfisheriesobservers SOLAS (inforce) CTA (notinforce) Life-savingappliances SOLAS (inforce) CTA (notinforce) Emergency procedures,mustersanddrills SOLAS (inforce) CTA (notinforce) Radiocommunications SOLAS (inforce) CTA (notinforce) Safety ofnavigation SOLAS (inforce) CTA (notinforce) IMO Numberspermanentlymarked SOLAS (inforce) N/A OTHER CollisionsRELEVANTBINDINGINSTRUMENTS COLREGs (inforce) COLREGs (inforce) Working andlivingconditions ILO.188(inforce) MLC (inforce) Prevention ofpollutionfromvessels MARPOL (inforce) MARPOL (inforce) Control andmanagementofballastwater BWM (inforce) BWM (inforce) Training, Certification,andWatchkeeping STCW (inforce) STCW-F(inforce) Prevention ofIUUfishing PSMA (inforce) PSMA (inforce) 16 Cooperation and coordination at national level Ways to address fishing safety-related matters Transport/Maritime Large and small Largevesselsvessels-AttendsIMOmtgsnotFAOmtgs Fisheries Small vessels Large and small Attendsvessels FAO mtgs not IMO mtgs 17 - 353
High death toll generally accepted by vessel owners, politicians, general public, and crews
Fishing industry -the backbone of the economy
Wives, mothers and daughters to fishers knew too well the consequences of accidents at sea and called for action to improve fishing safety
Fishing -a dangerous occupation due to extreme weather conditions, unsafe vessels, poorly educated and trained crews, insufficient SAR services, etc.
thesedocumentaryBBChttps://www.youtube.com/watch?v=q6AYAuloI-oEngland.onevents: - 354
Safety culture hardly existing Role of women in improving the situation19
1968: the ‘Triple Trawler Tragedy’ led to a safety campaign led by women from Hull,
18
Implementation of international instruments on fishing vessel safety – lessons learned by Iceland
in 1983 Benefits of applying international instruments, such as the 2012 Cape Town Agreement 21 Recognized international standard Improvement of safety
attempts by IMO to improve fishing safety20 Lessons learned from accidents useful for IMO Sub-Committee
Convention
1977,
market for fishing vessels Regulatory framework plays a key instrumentsInternationalrolethe best guidance for the development of national legislation - 355
vessel Internationalsafety recognition of
Development
First on Safety of Fishing Vessels of a new international convention of the Torremolinos International for the Safety of Fishing Vessels, the first international instrument on fishing this work at second-hand
Adoption
sea Level playing field Better
22 CTA and its forerunners -the backbone of legislation
Considerable reduction in vessel losses, accidents and fatalitiesImproved safety culture Several years without any fatal accidents at sea Industry is now attractive to young people, both men and women
Fishing is probably the most dangerous occupation in the world FAO, ILO and IMO have developed safety-related instruments, both binding and voluntary, applying for fishing vessels of all sizes and their crews. Flag, port, coastal or market States are expected to benefit from these instruments.
Conclusions – what flag, port, coastal and market States can and should do
worldwide recognition of the link between safety at sea, decent onboard conditions and the fight against IUU fishing -and that the ‘four pillars’ will complement each other in improving fishing safety and in fighting IUU fishing the unacceptable high number of fatalities could be substantially reduced by the implementation of international fishing safetyrelated instruments, which underscores the necessity to bring the 2012 Cape Town Agreement into force ASAP 23 - 356
Impact of a new national legislation
! ! Thank¡Gracias!Merci!you! 24 - 357
WMU-MOF-KMI CAPFISH PROJECT FIRST WORKSHOP Design aspects of FV. Importance of ratifying the CTA 2012 to provide design standards and an inspection regime from a flag State point of vie World Maritime University (WMU) Malmö 22 October 2021 Miguel Nunez-Sanchez (PhD) Director of Programmes Post Doc Researcher CEHINAV Ministry of Transport Spain Universidad Politécnica de Madrid Day 4 | Presentation 2 - 358
Presentation topics Main dimensions L vs GT CTAApplication2012Chapters Main Dimensions 3 (LOA)Lengthbetweenperpendiculars(L)andLengthoverall - 359
Main Dimensions 4 Tonnage(GT) volumeofcargovessels(ItisanationalmeasureGrossregisteredtonnage(GRT)representsthetotalinternalNettonnageindicatestheusefulcapacityoftheshipmouldedvolumeofALLenclosedspacesIndicatestheoverallsizeoftheshipanditisafunctionofthe). Application of the CTA 2012 5 Application largershipsawaytothresholdmovesthetonnagelengthtoequivalenceThe - 360
Application of the CTA 2012 6 RegionalImplementation Since the trigger for the implementation of the technical Provisions of the CTA of 2012 is mainly 45 m article 3.5 encourages to develop technical standards from 24 to 45 m L Application of the CTA 2012 7 RegionalImplementation Regional regulations have been amended to include other elements such as AIS, IMO, Number etc … - 361
CTA 2012 8 Whydoweneedthis? developthemwhichprobablywillnothavethecapacitytoandaninspectionregimeataworldwidelevel.CTA2012providesminimumdesignstandardsWithoutthistheimplementationofaregulatoryregimeisjusttothenationaladministrations, CTA 2012 9 CTA2012contains10Chapters - 362
CTA 2012 Chapters 10 ChapterIN(new) /(and) E(existing) FV from 24 m CertificateL 4+1 to 5 years - Accident investigation, go to Article 7 IMSAS doesn’t apply IMO Number is not required in CTA2012 CTA 2012 Chapters 11 ChapterlI.Construction N FV from 24 m L forKeyWater/weathertightnessSteelLackofLoadlineassignmentinthedesignalsoILO188Rec199 - 363
CTA 2012 Chapters 12 ChapterlII.Stability. N FV from 24 m L A.749 Maximum(18)operating draft Ice DamageaccretionStability from 100 m L CTA 2012 Chapters 13 Chapter lV. Machinery and electrical spacesunattendedinstallations,machineryunattended N FV from 24 m L Includes refrigeration Systems Bilge UnattendedPumpingmachinery is many times essential - 364
CTA 2012 Chapters 14 Chapter V. andprotection,Firedetectionextinction. N from 45 m L IF, IIF, RequirementsIIIF below 60 and from 60 m L Key in the design also for ILO 188 Rec 199 CTA 2012 Chapters 15 Chapter ProtectionVI. of the crew. N from 24 m L A FV is a working boat where crew needs to be safe on deck all the time. - 365
CTA 2012 Chapters 16 Chapter VII. Life saving appliances arrangements.and Mainly N from 45 m L (portable VHF provision for N/E from 24 m StandardsL) for LSA contained in the CTA 2012 Reduced capacity in life rafts from 200% to 150%. It is key to provide capacity to maintain the equipment CTA 2012 Chapters 17 ChapterVIII. Emergencyprocedures,mustersanddrills. N/E from 24 m L ISM doesn t apply to FV Safety Culture is a problem in this sector - 366
CTA 2012 Chapters 18 ChapterIX.Radiocommunications N/E from 45 m L LanguageExemption as an issue for the operators (GOC) CTA 2012 Chapters 19 ChapterX.NavigationalEquipmentandArrangements N/E from 24 m L SOLAS V vs CTA 2012 No Minimum Safe manning provided in the CTA 2012 - 367
Thank you for your attention mnunez@mitma.es - 368
WMU/MOF/KMI CAPFIS HH PROJEC TT WORKSHOP IUU FISHING AND CRIMES IN THE CARIBBEAN by Cdr Judy-Ann Neil 19 -22 October 2021 Malmo, Sweden Day 4 | Presentation 3 - 369
OVERVIEW • Introduction • IUU Fishing in the Caribbean • Case Study of Jamaica • Nexus between IUU Fishing and Transnational Crimes • Indicators of Transition from Fishing to Trafficking • The Way Forward • Conclusion INTRODUCTION www.caribbean_general_map.png - 370
INTRODUCTION Illegal, Unreported and Unregulated (IUU) Fishing Fishing in contravention of national, regional and international laws -Misreporting or non-reporting of information on -Fishingfishing by stateless vessels -Fishing by vessels not party to or in contravention of RFMO -Fishing in areas or for fish stock where there is no conservation or management measures(FAO, 2011) IUU FISHING • One of main threats to fisheries resources in Caribbean • Not just an ecological problem • Threat to economic and food security • Major factor for economic vulnerability of fishers - 371
IUU FISHING IN THE CARIBBEAN Who ? • Primarily by domestic artisanal fishers -‘Overlook’ need for licence -Nearshore • Greatest impact from foreign industrial fishers Size of vessel and crew -Volume of fisheries resources -Lobster, conch, sea cucumbers CASE STUDY OF JAMAICA - 372
THEARCHIPELAGOOF JAMAICA wwwww.caribbean_general_map.pngcaarirbbbean_ngeenenrall_mamp.ppnnpgww.wc PEDRO BANK Source: Data Unit, Natural Resources Conservation Authority. - 373
IMPACTS OF IUU FISHING IN JAMAICA IMPACTS OF IUU FISHING ON JAMAICA • Environmental Impacts Destructive fishing practices -Destruction of habitats -Overfishing of high value species -Reduction in fish stock • Food Security • Socio-Economic Loss of Tax Revenues -Non-lucrative-Tourism career - 374
TRENDS IN FISHERIES IN JAMAICA Source: Fisheries Division, Ministry of Industry, Commerce, Agriculture and Fisheries, 2018. 23% decline in conch 257% increase in lobster Shrimp industry collapsed - 375
Source: Fisheries Division, Ministry of Agriculture and Fisheries, 2021.
Source: Fisheries Division, Ministry of Industry, Commerce, Agriculture and Fisheries, 2018. of IndFisheries,and
Food security issue - dependency of imported seafood Local fishers vs international markets Food security -dependencyissueofimported seafood -Local fishers vsinternational markets
ReasonsCompetition from cheaper imported fish Rising energy costs Scarcity of red tilapia seed stock -CompetitionReasons from cheaper imported fish -Rising energy costs -Scarcity of red tilapia seed stock
- 376
Source: Fisheries Division, Ministry of Industry, Commerce, A griculture and Fisheries, 2018.
nal e: Sourcendustry,
Source: Fisheries Division, Ministry of Agriculture and Fisheries, 2021. 6% decrease in value of marine 88%fish decrease in value of aquaculture FISHING FLEET & FISHERS IN JAMAICA - 377
2021.89%
e:
Source: Fisheries Division, Ministry of Industry, Commerce, Agriculture and Fisheries, 2018. : Source:try, andIndustrries, 73% increase in registered vessels Fisheries Division, Ministry of Agriculture and Fisheries, increase in registered
Source: Fisheries Division, Ministry of Agriculture and Fisheries, in registered fishers
Source:
Comm 40%
Source: Fisheries Division, Ministry of Industry, Commerce, Agriculture and Fisheries, 2018.Sourcemerce, increase in ishers
registered f
2021.51% increase
Fisher
vessels - 378
NEXUS BETWEEN IUU FISHING TRANSNATIONALAND CRIMES WEB OF TRAFFICKING AROUND JAMAICA - 379
JAMAICAN CONNECTION –FOREIGN IUU FISHERS VS TRAFFICKERS IUU FISHERS* • Honduras • Costa Rica • Nicaragua • Dominican Republic DRUGS & TRAFFICKERSARMS • Honduras • Costa Rica • Nicaragua • Guyana • Colombia • Haiti THE HAITIAN CONNECTION • Turn around time: 2-7 days • ‘Fisher/Trafficker’ depart Jamaica with marijuana, exchange drugs for weapons • Depart Jamaica with 454 kg –907 kg (1,000 lbs–2,000 lbs) of marijuanacompressed • Return with 5 –10 assorted weapons, ammunition and illegal immigrants - 380
GUNS FOR DRUGS TRADE IN HAITI AND (2021)JAMAICA • 1 x .38 Revolver = 25 lbs Marijuana • 1 x 9 mm Pistol = 35 lbs Marijuana • 1 x Assaulted Rifle = 80 lbs Marijuana • 50 x .38 rounds = 35 lbs Marijuana • 50 x 9 mm rounds = 40 lbs Marijuana • 20 x 5.56 mm rounds = 15-20 lbsMarijuana THE NEO-BARTERING SYSTEM OF JAMAICAN MARITIME TRAFFICKERS (2021) • Gun for Drugs Trade with Haiti, Costa Rica and Honduras • Transitioned to Marijuana for Cocaine Trade with-36.2Haitikg(80 lbs) of marijuana for 1 kg of cocaine • Marijuana for Cocaine Trade with Costa Rica, Honduras and Guyana -1,587.5 kg (3,500 lbs) of marijuana for 1 kg of cocaine - 381
IUU Fishing TransnationalCrimes THE GATEWAY IUU FISHING FISHING NO LONGER LUCRATIVE TRANSNATIONAL CRIMES - 382
FISHERY TRENDS IN WIDER CARIBBEAN REGION • There is an overall reduction in fish stock in the WCR • Fishing is not perceived as a lucrative career • Fishers are being targeted to engage in transnational crimes -In August 2021, BDF CG intercepted a fishing vessel with marijuana, cocaine and an AR 15 rifle -In 2020, JDF CG intercepted 7 fishing vessels and confiscated 8,092.45 kg of marijuana -In 2020, TTDF CG intercepted 11 fishing vessels with a total of 56,234.3 kg of marijuana and 565.4 kg of cocaine FISHERY TRENDS IN WIDER CARIBBEAN REGION • IUU fishing is a persistent problem throughout the Region • Increasing number of sea eggs and sea cucumbers being illegally harvested; their consumption is not native to the WCR • Most countries lack the capacity to conduct effective Monitor, Control and Surveillance (MCS) operations - 383
KEY INDICATORS -TRANSITION FROM FISHING TO TRANSNATIONAL CRIMES • IUU fishing from national and international fleets • Dwindling fish stock, collapse of shrimp industry and fledgling aquaculture industry • International competition from cheaper, imported seafood • Reduction in value of fish • Increasing number of fishers and fishing vessels KEY INDICATORS -TRANSITION FROM FISHING TO CRIMESTRANSNATIONAL • Lack of deterrence –inadequate fines and penalties • Inadequate MCS and Maritime Law Enforcement (MLE) Operations • Vulnerable fishers and boat operators lured into drugs and arms trafficking - 384
GOJ RESPONSE • Augment MCS Capacity -MACC -ProcuredBrigadeadditional OPVs, IPVs, Outstations -Increased Maritime Patrol Aircraft and Rotary Wing Fleet -Implementing Coastal Radars • Amended 1975 Fishing Industry Act in 2018 • Accede to 2009 Port State Measures Agreement • Signed International Declaration on Transnational Organized Crime in Global Fishing Industry on 21 October 2021 • Implement Youth at Risk Programs THE WAY FORWARD - 385
WAY FORWARD Government of Jamaica should accede and ratify the FullPSMAImplementation of Regional Instruments Diversification training programs for fishers and vulnerable youths Public awareness programs on the impacts of IUU fishing & links to transnational crimes WAY FORWARD • Greater Fines & penalties for fishers and boat operators engaged in transnational crimes Stricter fines and penalties for large scale IUU fishing; Target Boat Owners • Revitalize the fledgling aquaculture industry • Mandatory forfeiture of vessels engaged in large scale IUU fishing - 386
NOTABLE IUU CONVICTIONSFISHING • In 2013, a Mexican Boat Captain was sentenced to 15 months in US prison for fishing illegally in US waters and obstructing boarding • In 2015, the Captain and 2 crew members of Spanish F/V THUNDER was sentenced to 3 years in prison and fined US $15 Million (€18.4 Million) for illegal fishing in the Southern Ocean • In 2018, the owner of F/V THUNDER was fined US $10.1 Million (€8.2 Miliion) in a civil suit brought by Spanish Government -12 year ban from fishing -12 year ban from receiving fish subsidies CONCLUSION • IUU Fishing is not just an ecological problem • Vulnerable fishers and boat operators are being targeted by criminals • IUU fishing is a gateway to transnational crimes • Socio-economic programs required to deter fishers from transnational crimes • Greater regional co-operation is needed to deter IUU fishing and maritime transnational crimes - 387
QUESTIONS - 388
Ministry of ArgentinaSecurity Day 4 | Presentation 4 - 389
FightingIlegal Fishingat Sea in South Atlantic The Argentinian Coast Guard achievements, applied technologies and maritime intelligence CAPFISH Project –1st Workshop -WMU –October 2021 CAPFISH Project –1st Workshop -WMU –October 2021 Road Map • ArgentinianCoastGuard–PREFECTURA NAVAL ARGENTINA • Where? • Territorial Waters and EEZ • EEZ Outerlimit • EEZ´sAdjacentZone • Continental Shelf-BeyondtheEEZ • How? • Fromtheair • Fromthesea • FromourHQ • Current situation and Best Practices • Previouscases totheParadigmShift • INTERPOL coordinationexperience • Paradigmshift • Recentcases • GUARDACOSTAS system • VesselofinterestDATABASE • Regional Coordination • Conclusions rience - 390
South Atlantic Ocean CAPFISH Project –1st Workshop -WMU –October 2021 AtlanticSouthOcean Argentina Argentinian Coast Guard Functions as: • Coastal state • Flag State • Port State CAPFISH Project –1st Workshop -WMU –October 2021CAP - 391
Argentinian Coast Guard Main functions as a Maritime Authority: • Ensure safety of navigation • Protection of marine environment • Facilitation of traffic • Presence, control and surveillance over maritime spaces and marine resources CAPFISH Project –1st Workshop -WMU –October 2021 Interdisciplinary Team for the Control of Maritime Spaces and their (EICEMAR)Resources CAPFISH Project –1st Workshop -WMU –October 2021 StrategicPlanning ManagementInformationandOutreachLegalAffairs EnvironmentalBiologicalandResearchandInformation DataTechnicalAnalysisCollectionandOperationalStrategiesDesign Maingoal theirnaturalsresourcesjurisdictionalmaritimespacesandandimprovementofthecontrolof:contributetothestudy - 392
Where? CAPFISH Project –1st Workshop -WMU –October 2021 Accordingtoourcompetencesweactin differentmaritime spaces: CAPF • Territorial watersand EEZ • EEZ Outerlimit • EEZ´sAdjacentzone • Continental Shelf–BeyondEEZ Where? CAPFISH Project –1st Workshop -WMU –October 2021 Territorial watersand EEZ EEZ OuterlimitEEZ´sAdjacentzoneContinentalShelf-BeyondEEZ - 393
CAPFISH Project –1 Workshop -WMU –October 2021 Territorial watersand EEZ FlagState FisheriesAuxiliaryPoliceCoastalState Control Fleet:overnational Safety EnvironmentalProtectionofNavigationCertificatesissuanceSTCW VesselTrafficServicesInnocentpassageSARMEDEVAC Assist the Secretariat of Fisheries and Aquaculture to monitor and control the national fishing fleet (around 300 vessels) and oversight compliance with the Federal Fisheries Law ect 1 t WMU CAPFISH Project –1st Workshop -WMU –October 2021 EEZ Outerlimit Mainlyas FisheriesAuxiliaryPolice Control foreignflaggedsurveillanceofandfishingVessels Fishing“illegaly” insideourEEZ permit/authorizationfromourFisheries(noAuthority)InfringingFederalFisheriesLawOncedetected,theytrytoescapeInviolationofArgentineCriminalCode Paya Thecargo/catchfineisconfiscatedPursuitandDetention - 394
CAPFISH Project –1st Workshop -WMU –October 2021 EEZ Outerlimit Mainlyas FisheriesAuxiliaryPoliceKeyPoints: • More than500 F/V in theareanearby • MainlySQUID – ILLEXARGENTINUS • Between Decemberand May • LackofAIS onboardF/V • Thecontinouspresenceofourassetsisneeded • GUARDACOSTAS Systems-Satellitetools CAPFISH Project –1st Workshop -WMU –October 2021 EEZ´sAdjacentzone • TheactivityisLEGAL butnotREGULATED • No Regional FisheriesManagement Organization(RFMO) • TheHigh Seas –FlagStatesregulations • andPresumptiononpoorenforcementofinternationallawsregulations(labor,documents,crimes,migrations,etc.) 2021 - 395
CAPFISH Project –1st Workshop -WMU –October 2021 Article76UNCLOSPartVI Continental Shelf(BeyondEEZ) CAPFISH Project –1st Workshop -WMU –October 2021 Firstcountry presentitscaseto to (CLCS)ContinentaltheLimitsofCommissionontheShelf Continental Shelf(BeyondEEZ) - 396
Workshop -WMU –October 2021CAPFISH Project 1 t Worksho Argentina Experiences and Challenges April 21, 2009 –Presentedthecase tothe Commissionon theLimits of the Continental Shelf (CLCS) consideringthe formulas and therestrictions March 11, 2016 –TheCLCS approved some recommendations Continental Shelf(BeyondEEZ) CAPFISH Project –1st Workshop -WMU –October 2021 PreviousEEZ New ScenarioExtendedContinentalShelf Continental Shelf(BeyondEEZ) Only20%consideredwas • Definitive • Obligatory - 397
CAPFISH Project –1st Workshop -WMU –October 2021 Duetothe“extended” Continental ShelfNew Challenges • Species: SCALLOPS, CRABS, LOBSTERS • Identify vessels that are engaged in fishing or in activities that undermine the sovereignty of our natural resources • ThisTEAM isworkingon this issue with the National Institute for Fisheries Research and Development (INIDEP) Continental Shelf(BeyondEEZ) CAPFISH Project –1 Workshop -WMU –October 2021 How? 1 t WMU - 398
CAPFISH Project –1st Workshop -WMU –October 2021 Fromtheair CAPFISHC Project –1st Workshop -WMU –October 2021 Fromthesea - 399
CAPFISH Project –1st Workshop -WMU –October 2021 FromourHQ CAPFISH Project –1st Workshop -WMU –October 2021 ArgentinianCoastGuardexperienceinFightingIUU Current &situation Best Practices - 400
CAPFISH Project –1st Workshop -WMU –October 2021 Currentsituation CAPFISH 1 WMU Main Fishing Vessels routes: • AtlanticFromPacificOceanto30% • FromEurope 10% • FromAsia 60% Workshop -WMU –October 2021 Currentsituation ForeingFlaggedFishingVessels CAPFISH Project 1 WMU Popular Republic of China 84% South Korean 8% Spain 4% China Taipei 57 % South Korean 23% NR Spain13%5% - 401
Currentsituation CAPFISH Project –1st Workshop -WMU –October 2021 Currentsituation CAPFISH Project 1st Workshop WMU October 2021 NationalFishingFleet ForeingFishingFleetVesselsontransit - 402
CAPFISH Project –1st Workshop -WMU –October 2021 ArgentinianCoastGuardexperienceinFightingIUU C From1983 up to date, 80 F/V arrested PreviousCases theParadigmshiftto CAPFISH Project –1st Workshop -WMU –October 2021 -“PREFECTO DERBES” CutterdetectedF/V “LU JIAO NAN • Pursuitstartedfollowingtheprotocolincludingwarningshoots, butitfinished after hours topreserve safety conditions • May 27, 2015 -F/V “LU JIAO NAN YUAN YU 178” calledPuerto Madryn port carryinganinjuredcrewmemberfromtheothership • As bothshipsbelongedtosamefishingcompany(KINGDAO JINCHENG PELAGIC FISHERY CO LTD), theMaritimeAuthorityimposeda fine as penalty • April 03, 2015 “PREFECTO DER YUAN YU 177” • It was fishing inside the EEZ Pit ttd flli th r Length: 78 m Breadth: 10 m MMSI: Callsign:412331001BCCF - 403
CAPFISH Project –1st Workshop -WMU –October 2021 INTERPOL Coordinationexperience • February29, 2016 -“THOMPSON” CutterdetectedF/V “HUA LI 8” • ItwasfishinginsidetheEEZ • Resistedthedetentionand pursuitwasiniciated • Federal Justicenotified • ThepursuitfinishedwhenthevesselenteredUruguayanterritorial waters • Federal Justiceissuedaninternacional arrestwarrant (INTERPOL) • A monthlaterthevesselwentthroughtheMalaccaStrait • OnApril 21, thevesselwasdetainedbytheIndonesianNavy–Set tothe Federal Justiceand paidthecorrespondingfine waters Length: 68 m Breadth: 11 m MMSI: CallSign:412420941BZU7N ParadigmShift -“MANTILLA” CutterdetectedF/V “JING YUAN 626” • Escortedby4 otherF/V fromsamecompany(N°608, 628, 616 and 618) • Federal Justicenotified • Federal Justiceissuedaninternacional arrestwarrant (INTERPOL) • OnMay 2018, YANTAI JINYUAN FISHERIES CO LTD –Paidvoluntarily thepursuit expenses and a penaltyfee. February 21, 2018 “MANTILLA” Cut It was fishing inside the EEZ • Went through ISLAS MALVINAS CAPFISH Project –1st Workshop -WMU –October 2021 Length: 74 m Breadth: 12 m MMSI: 422331089 - 404
ParadigmShift • March 1st, 2019 -“MANTILLA” Cutterdetected (RADAR) F/V “HUA XIANG 801” • ItwasfishinginsidetheEEZ • Thepursuitiniciatedbutseveraltimes the F/V tried tocollide thecutterin ordertoavoidthecapture • Thepursuitwascancelledforsafety reasons • Federal Justicenotified • Federal Justiceissuedaninternacional arrest warrant (INTERPOL) • Thecompanyvoluntarilypaida penaltyfee and other expenses CAPFISH Project –1st Workshop -WMU –October 2021 Length: 74 m Breadth: 12 m MMSI: 422331089 Recentcases • March 03, 2020 -“PREFECTO FIQUE” Cutter(MIRA System) detectedF/V “CALVAO” • ItwasfishinginsidetheEEZ • TheF/V resistedthearrest. • Thepursuitstartedand theprotocolapplied, includingwarningshots. • After 10 hoursunderpursuittheF/V decidedtoreduce speed • Theinspectiononboardwasconducted–log book • ThecrewrecognizedtheywerefishinginsidetheEEZ • TheF/V wasconfiscatedand escortedtotheportofBahía Blanca • Portugal begananinvestigation CAPFISH Project –1st Workshop -WMU –October 202121 shots Length: 61,62 m Breadth: 11,70 m MMSI: 263517000 IMO: Year:Callsign:7385178CUZD1977 - 405
Recentcases • April 28, -“PREFECTO FIQUE” CutterdetectedF/V “LU RONG YUAN YU 668” • ItwasfishinginsidetheEEZ –differentnumbers • TheF/V resistedthearrest • 10 hourslater–weatherconditionstartedtogetworse(wind40/46 km/h , sea level4) • In ordertopreserve thesafety ofthecutterand thecrewthepursuitceased. • LatertheshipdecidedtoenterPuerto Madryn portand paythecorrespondingfine • Theinternationalarrestwarrant wasnotissued CAPFISH Project –1st Workshop -WMU –October 2021 2020 “PREFECTO fishing inside the EEZ /V resisted the arrest 4) Length: 70,87 m Breadth: 16 m MMSI: 412569383 IMO: Year:Callsign:8775871BCFG62015 GUARDACOSTAS System CAPFISH Project 1 Workshop WMU October 2021 - 406
CAPFISH Project –1st Workshop -WMU –October 2021CAPFISH 1 t WMU October 2021 GUARDACOSTASSystemDataSources CAPFISH Project –1st Workshop -WMU –October 2021 RADARSAR InformationProcessingflow - 407
CAPFISH Project –1 Workshop -WMU –October 2021CAPFISH WMU October 20211 Non colaborative ships COSMO-Skymed SAOCOMSentinel CAPFISH Project –1st Workshop -WMU –October 2021 VesselsofInterestDATABASE (VoID) CAPFIS r 2021 Our units check the operational situation of the F/V in the nearby area The information is collected and, then, analyzed in our Activities:HQ • operationsTransshipments-Shiptoship • Differentflags/names • NRflagsvessels • Suspiciousactivities-ships - 408
CAPFISH Project –1st Workshop -WMU –October 2021 VesselsofInterestDATABASE (VoID) 6050403020100 REEFER TANQUES Typeofships Transshipments -Ship to ship operations CAPFISH Project –1st Workshop -WMU –October 2021 VesselsofInterestDATABASE (VoID) CAPFISH Proje Name: HAI GONG YOU 309 Length: 136,7 m Breadth: 21,5 m MMSI: 374734000 IMO: 9153214 Type: Tank - 409
CAPFISH Project –1st Workshop -WMU –October 2021 Regional Coordination The Operative Network for Regional Cooperation among Maritime Authorities of LatinAmerican (ROCRAM) Informal regional organization established to coordinate efforts to address common challenges Execute IMO´s Integrated Technical Cooperation Programme (ITCP) Ordinary Meeting –November 2020 PREFECTURA NAVAL ARGENTINA proposed: • Creation of a Regional Strategy to Counter IUU fishing • Regional DATABASE on “VESSELS OF INTEREST” CAPFISH Project –1st Workshop -WMU –October 2021 RegionalRegionalCoordinationDATABASE 12 categories - 410
CAPFISH Project –1st Workshop -WMU –October 2021 Conclusions The recognition Argentina´s rights over the CS sets a new scenario and challenges Research on the resources of the CS should be conducted Investigate how these resources behave and how can be extracted Effective Implementation of a new paradigm New planification on the jurisdictional controls Regional cooperation became critical Thanks to technology developments/innovations/solutions, the physical seize of vessels proved to be illegally fishing inside AEEZ is no longer essential seize of vessels Thanks for ArgentinaMinistryattention!!!yourofSecurity - 411
Tackling IUU fishing and violations of decent work via International Agreements on Fisheries Professor Dr. Laura Carballo Piñeiro World MaritimeUniversity 22Malmö,October 2021 Day 4 | Presentation 5 - 412
• 1. International treaties, sustainable fisheries and decent work • 2. Environmental and social clauses in multilateral and bilateral investment treaties • 3. Social clauses in EU sustainable fisheries partnership agreements WhatSummaryissustainability? - 413
What is sustainability? • Practically not addressed at international labour until the Work in Fishing Convention, 2007 (C188) and Recommendation No. 199 • Domestic standards are very low in many coastal States • Link between IUU Fishing and Forced Labour • Urgent need of C188 ratification to tackle these issues • Interesting initiative: New Zealand and the obligation of being flagged in the country to operate in their EEZ Fishing and labour standards - 414
Social clauses and free trade agreements WTONO FirstNAFTA1995case By 2015, 76 FTAs involving 135 countriesNon-complianceStatemembersFaircompetition • Sanctions • ADR mechanisms • Compliance enforcementand • Level the playing field Resistance from developing countries: Investments versus working conditions World Employment and Social Outlook • 2. The coastal State shall determine its capacity to harvest the living resources of the exclusive economic zone. Where the coastal State does not have the capacity to harvest the entire allowable catch, it shall, through agreements or other arrangements and pursuant to the terms, conditions, laws and regulations referred to in paragraph 4, give other States access to the surplus of the allowable catch, having particular regard to the provisions of articles 69 and 70, especially in relation to the developing States mentioned therein. UNCLOS, art. 62 - 415
• 55. A Member, in its capacity as , when granting licences for fishing in its exclusive economic zone, may require that fishing vessels comply with the requirements of the Convention. If such licences are issued by coastal States, these States should take into account certificates or other valid documents stating that the vessel concerned has been inspected by the competent authority or on its behalf and has been found to be in compliance with the provisions of the Convention. ILO Recommendation No. 199, Part V • Art. 94 of UNCLOS • The United Nations Agreement for the Implementation of the Provisions of the United Nations Convention on the Law of the Sea of 10 December 1982 relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks (in force as from 11 December 2001) • Art. 4(2)(c): number of crew members • Art. 21(8): crew welfare monitored by port State • Art. 21(10): inspectors apply regulations dealing with safety of vessels and crew Multilateral fisheries agreements - 416
Multilateral fisheries agreements
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• Agreement to promote compliance with international conservation and management measures by fishing vessels on the high seas, Rome 1995 • 1995 Code of Conduct for Responsible Fisheries: • 6.17 States should ensure that fishing facilities and equipment as well as all fisheries activities allow for safe, healthy and fair working and living conditions and meet internationally agreed standards adopted by relevant international organizations. • 8.1.5 States should ensure that health and safety standards are adopted for everyone employed in fishing operations. Such standards should be not less than the minimum requirements of relevant international agreements on conditions of work and service. Multilateral fisheries agreements • 1995 Code of Conduct for Responsible Fisheries: • 8.2.8 Flag States should promote access to insurance coverage by owners and charterers of fishing vessels. Owners or charterers of fishing vessels should carry sufficient insurance cover to protect the crew of such vessels and their interests, to indemnify third parties against loss or damage and to protect their own interests. • 8.2.9 Flag States should ensure that crew members are entitled to repatriation, taking account of the principles laid down in the "Repatriation of Seafarers Convention (Revised), 1987, (No.166)".
• Agreement on Port State Measures to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing, 2009 • Art. 2: The objective of this Agreement is to prevent, deter and eliminate IUU fishing through the implementation of effective port State measures, and thereby to ensure the long-term conservation and sustainable use of living marine resources and marine ecosystems. Multilateral fisheries agreements EU sustainable fisheries partnership agreements - 418
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Sea Fishing Sectoral Social Dialogue Committee of 19 December 2001
19 Sustainable Fisheries Partnership Agreements (untilFirststagearound2001) Second stage FPAs focused on employment of nationals:Notall (Comoros, Gabon, Greenland, Mauritius, Santo Tome e ThosePrinciple)that yes, did not discuss working and living conditions nor social protection mechanisms (only ambiguous provisions) If non-compliance, payment of compensation, usually for capacitybuilding activities
Non-RemunerationRepatriationcompliance: compensation and even loss/suspension of license
Social clause in FPAs with third countries -
Social clause proposed by social actors (ETF, Europeche and Cogeca) to EU in 2014: • 1. The 1998 Declaration of the ILO on fundamental principles and rights at work as well as the eight ILO Fundamental Conventions are fully applicable to the fishermen on board EU vessels. This includes the freedom of association and the effective recognition of the right to collective bargaining, the abolition of child labour and the elimination of discrimination in respect of employment and occupation.
All but Cook Islands and Greenland require employment of nationals and lay down working and living conditions: Reference to the 1998 Declaration on Fundamental Principles and Rights at RecruitmentWorkprocess
Fisher’s Employment Agreement Social security rights, including insurance for the event of death or long-term disease or injury
Minimum wage in the flag State at least?
2. Conditions of employment, including remuneration levels, shall be negotiated between the fishing vessel’s owners or their representatives, the local employer(s) or his/their representative(s) and the fishermen and/or their trade unions. Representative trade unions should be informed at their request about the negotiation.
ILO Convention 188 is applied through Directive (EU) 2017/159 - 420
Social clause in FPAs with third countries
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Social clause in FPAs with third countries
3. In any case, the remuneration levels of local fishermen cannot be lower than those applicable to the crew in the coastal State signatory of the fishing agreement with the EU.
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4. As soon as ILO Convention 188 enters into force, living and working conditions on board EU vessels operating through agreements with third countries have to be in line with the provisions of the Convention, as applicable. The fishing vessel’s owner guarantees to the local fishermen on board EU vessels equivalent living and working conditions applied to the EU fishermen.
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• 6. The employer must provide to each fisherman a payslip reporting the full remuneration and, if remuneration is based, in whole or in part, on hours worked, the hours worked in the period of engagement as well as the function The fishing vessel owner shall ensure that the employer fulfils this obligation.
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• 5. Each fisherman shall receive a copy of the contract of employment, where the remuneration level, hours of rest and conditions of employment are clearly stated or containing a reference to the collective bargaining agreement (CBA) governing these subjects. If the fishing vessel owner is not the employer, the contract of employment shall specify the name of the fishing vessel owner and the flag State.
• 9. At the discretion of the skipper and under his authority, representatives from trade unions of fishermen may be allowed to come on board the vessel when in port, in order to contact the crew of the vessel and seek information on existing working and living conditions on board and assist the crew as appropriate.
Social clause in FPAs with third countries
Social clause in FPAs with third countries -
• 7. The periodical evaluations of the FPAs should include an assessment of the application of the principles stated above, in close collaboration with the SSDC-F.
• 8. The flag state competent authorities should include the application of its laws, regulations or other measures implementing the social clause as part of their regular inspections.
Sanctions if lack of compliance with these provisions?
People. Development. Impact. Thank youThankyoufor yourattention lc@wmu.se - 422
