Presentation Booklet – Workshop 1

WMU-MOF-KMI CAPFISH Project

The 1st Workshop 19-22 October 2021

PROGRAM CAPACITY-BUILDING PROJECT TO PROGRESS THE IMPLEMENTATION OF INTERNATIONAL INSTRUMENTS TO COMBAT IUU FISHING 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

Opening of workshop

9:30

Introductory Remarks and Welcome Coffee will be available from 09:00 in WMU

Mr. Dongsik Woo, Director-General, MOF Dr. Cleopatra Doumbia-Henry, President, WMU

Keynote Presentation

10:00

The Global Problem of IUU Fishing

Professor U. Rashid Sumaila, University of British Columbia

Break

11:00

Expert Presentation

11:30

Lunch

12:30

Expert Presentation

13:30

The FAO Agreement on Port State Measures

Dr. Matthew Camilleri and Dr. Alicia Mosteiro, FAO

Expert Presentation

14:30

ILO’s Role in the FightAgainst IUU Fishing and the Work in Fishing Convention

Mr. Brandt Wagner, ILO

Break

15:30

Expert Presentation

16:00

Panel Discussion

17:00

End of day 1 Workshop Dinner

Coffee & Refreshments

Dr. Matthew Camilleri and Dr. Alicia Mosteiro, FAO

The history and role of FAO in combatting IUU Fishing WMU Bistro

Coffee and refreshments The IMO’s role in the fight against IUU fishing andthe 2012 Cape Town Agreement

Ms. Sandra Allnutt, IMO

The Need for Interagency Cooperation to Moderator: Professor Francis Neat Tackle the Complex Problem of IUU Participants: Today’s Speakers + Fishing WMU +KMI (Dr. Junghee Cho)

17:45 Close of Day 1 and Drinks Reception at WMU Bistro 19:00 WMU Bistro ALL PARTICIPANTS & STUDENTS Wednesday, 20 October 2021 – Day 2: Multidisciplinary Approaches Fighting IUU fishing An OECD perspective on policy priorities

Dr. Claire Delpeuch, OECD

Expert Presentation

9:00

Expert Presentation

Socio-economic Considerations of IUU Professor Andrew Baio, University 10:00 Fishing and Implementing Effective Counter of Sierra Leone Measures

Break

11:00

Coffee & Refreshments

Expert Presentation

11:30

Lunch

12:30

WMU Bistro

Expert Presentation

13:30

Canada’s Fisheries Monitoring, Control and Surveillance (MCS) and Enforcementand Professor Neil Bellefontaine, WMU International IUU Fishery Initiatives

Expert Presentation

14:30

Break

15:30

Panel Discussion

16:00

End of day 2 Expert Dinner

17:00 19:00

ILLEGAL, UNREPORTED AND UNREGULATED FISHING, A THREAT TO HUMAN AND NATIONAL SECURITY

Collaboration in the Fight Against IUU Fishing: Analysis, Coordination, Enforcement and Maritime Security

Dr. Ifesinachi Okafor-Yarwood, St Andrews University

Ms. Dawn Borg Costanzi, Pew Charitable Trusts

Coffee and refreshments Why Multidisciplinary Approaches are Needed to Tackle IUU Fishing

Moderator: Dr. Kathleen Auld Participants: Today’s Speakers + WMU + KMI

Close of Day 2 Expert Dinner (WMU Bistro)

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Thursday, 21 October 2021 –Day 3: Practitioner and Authority Perspectives Expert Presentation

9:00

IUU fishing and the WCPO tuna fishery Reality and Challenges A View from the Wharf

Mr. Francisco Blaha, Independent Expert, New Zealand

Expert Presentation

10:00

Tools in Tuna RFMOs in the Fight against IUU Fishing

Ms. Jung-re Riley Kim, MOF

Break

11:00

Expert Presentation

11:30

Lunch

12:30

Coffee & Refreshments Korea's Recent Efforts on Combatting against IUU Fishing Activities: Challenges and Responses WMU Bistro

Expert Presentation

Korea’s IUU Control System in International Waters 13:30 : Focusing on Fisheries Monitoring System in Place

Expert Presentation

14:30

Break

15:30

Panel Discussion

16:00

End of day 3

17:00

Dr. Deukhoon (Peter) Han, KMI

Ms. Taerin Kim, Fisheries Monitoring Centre Mr. Roberto Cesari, DG MARE European Commission

The EU IUU Regulation Overview

Coffee & Refreshments How Effective are Anti-IUU Fishing Regulations and What are the Main Challenges to Adoption and Implementation?

Moderator: Professor Laura Carballo Pineiro Participants: Today’s Speakers + WMU + KMI

Close of Day 3

Friday, 22 October 2021–Day 4: Safety at Sea and Operational Case Studies

Mr. Ari Gudmundsson, Self-Employed Consultant and Independent Expert, Iceland

Overview of Fishing/Fisher Safety in Relation to IUU Fishing

Expert Presentation

9:00

Expert Presentation

Design aspects of FV. Importance of Dr. Miguel ratifying the CTA 2012 to provide design Transport, 10:00 standards and an inspection regime from a Agenda and flag State point of vie

Break

11:00

Expert Presentation

11:30

Lunch

12:30

Nunez, Ministry of Mobility and Urban Independent Expert, Spain

Coffee & Refreshments

Cmdr. Judy-Ann Neil, Jamaica Defence Force

IUU Fishing and Crime in the Caribbean WMU Bistro Fighting IUU Fishing at Sea in the South Atlantic: The Argentinian Coast Guard Achievements, Applied Technology and Maritime Intelligence

Mr. Santiago Juan Geymonat, Argentinian Coast Guard.

Expert Presentation

13:30

Expert Presentation

Tackling IUU Fishing and Violations of Professor Laura Carballo Pineiro, 14:30 Decent Work via International Agreements WMU on Fisheries

Practical Lessons and Real World Challenges

Moderator: Professor Raphael Baumler Participants: Today’s Speakers + WMU + KMI (Dr. Han Seon Park)

Panel Discussion

15:00

Break

15:45

Coffee & Refreshments

Student Feedback

16:00

Collect Student Feedback (survey)

Workshop close

16:30

Closing Remarks and Next Steps

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WMU, MOF or KMI

-5-

-6-

Day 1 | Keynote Presentation

The global problem of IUU fishing U. Rashid Sumaila Fisheries Economics Research Unit Global Fisheries Cluster The University of British Columbia Vancouver, Canada r.sumaila@oceans.ubc.ca @DrRashidSumaila

-7-

Outline of talk • Why should you care about IUU fishing?

• The ocean and the marine life it hold are crucial for our lives and livelihoods – are under threat; • Magnitude, scope of IUU fishing; • From IUU fishing to illicit trade in fish catch; • West African case study.

Why should you be concerned about IUU fishing • IUU fishing is widespread: – Why is IUU so widespread?

• Fuels illicit trade in fish catch; • Ecological impacts: – Makes nonsense of stock assessments, resulting in depletion of fish stocks and biodiversity.

-8-

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).

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The current state of marine 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 Global Assessment (2019).

The current state of marine biodiversity • Up to 33%: Estimated share in 2011 of world’s reported fish catch that is IUU.

Source: IPBES Global Assessment (2019).

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Ocean biodiversity loss has serious human consequences

Some drivers of 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.

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What is IUU fishing?

• I = illegal; • U = unreported; • U = unregulated.

Illegal fishing is widespread (Sumaila et al., 2006)

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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 price; – Detection likelihood (T).

– Expected benefit = (1- T)*catch value.

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Economic drivers of IUU fishing • 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 = T * fine imposed + other costs

Economic drivers of IUU fishing • The decision rule: Engage in illegal fishing if and only if: – Expected benefit = (1- T)*catch value is greater than – Expected cost = T * fine imposed + other costs

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T

Quantitative results (1 in 5 chance ) (Sumaila et al., 2006) Vessel / Gear

Arresting Country

Fishery

Expected Benefit (USD)

Expected Penalty (USD)

Total Cost (USD)

Total Expecte d Cost / Benefit

Deterrence fine multiple

Longline

Australia

Patagonian toothfish

504 000

87 000

526 091

1.04

0.75

Pots

Japan

Crab

38 256

1 483

31 131

0.81

5.8

Bottom trawler

Mexico

Shrimp

22 060

1 091

16 428

0.74

6.2

Bottom trawler

Russia

Alaska pollack

8 818

234

4 539

0.51

19.4

Case 1: Namibian fisheries

• … from ‘IUU Fishing Paradise’ • … to ‘IUU Fishing Hell’ – IUU fishing before independence; – IUU fishing after independence.

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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.

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From IUU fishing to illicit trade • If IUU fishing is widespread then it is likely that illicit trade in marine fish catch is also common worldwide; • But what is illicit trade?

Following the WEF, we define illicit trade in marine resources as …

• 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

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

Geographic region

Economic

Income

Tax revenue*

(US$ x 106)

(US$ x 106)

(US$ x 106)

Africa

13,877

3,322

1,513

World

13,877

3,322

1,513

Sumaila et al. (2020): Science Advances - 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 catches increase.

Pauly & Zellers (2016)

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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 catches increased.

Pauly & Zellers (2016)

Types of WA fish that enter illicit trade • • • • • •

Shrimp; Tuna; Snappers; Mackerel; Seabream; Yellow croaker.

Pauly & Zellers (2016); Liddick (2014)

Sumaila (2018) - 22 -

31

Channel for illicit trade in WA fish • 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).

Sumaila (2018)

32

Channel for illicit trade in WA fish • 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.

Sumaila (2018) - 23 -

33

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!

and Thanks to CAPFISH for inviting me

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Day 1 | Presentation 1

WMU-MOF-KMI CAPFISH Project First Workshop 19-22 October 2021 World Maritime University, Malmö, Sweden

The history and role of FAO in combatting IUU Fishing Matthew Camilleri, Ph.D. Leader Fisheries Global and Regional Processes

Alicia Mosteiro Fisheries Officer Fisheries Global and Regional Processes

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Development of International Instruments

International Instruments and Guidelines

K. Arrigo

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Responsible Fisheries Management

Sound fisheries management guarantees the long-term conservation and sustainable use of fisheries resources…. ….maintaining their diversity and availability for present and future generations

The Fisheries Management Process

International law + policy and regional CMMs

Objective and Consideration Review Process

Implementation + I Enforcement о Effective legal, administrative and institutional structures о Management actions о Reporting о Monitoring, Control and Urp Surveillance о Management in partnership

Urp Data Collection, Research and Analyses Fish stocks, ecology, environment, catch, effort, fishing operations, trade, processing, socio-economics etc.

Adoption of Fisheries Regulations - Technical measures Urg - Catch Control I - Capacity/Effort Control - Seasonal closures - Access Control - Post harvest and trade measures

Formulation of Fisheries Policy and Legislative Framework

I Formulation of Management Plans Multidisciplinary and stakeholder participation

I Matthew Camilleri, PhD

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I

Illegal, Unreported and Unregulated (IUU) Fishing

I

Fishing and fishing-related activities conducted in contravention of national and international law, including other international obligations

Urp

Non-reporting, misreporting or under-reporting of information on fishing operations and their catches

Urg

Fishing by “Stateless” vessels Fishing in convention areas of RFMOs by non-party vessels Fishing activities which are not regulated by States Fishing in areas or for fish stocks for which there are no conservation or management measures

Illegal, Unreported and Unregulated (IUU) Fishing

Found FFo o in n all a l types of fisheries fi h i and d occurs in all waters

Poses a serious threat to marine ecosystems and undermines efforts to manage fisheries sustainably and conserve marine biodiversity

Threatens the livelihoods of fishers and other stakeholders, and exacerbates malnutrition, poverty and food insecurity

Motivated by economic Mot gain aand may be associated ith organized crime and with linke to indecent working linked conditions and forms of con slavery

Takes advantage of corrupt administrations and exploits weak management regimes

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International fisheries instruments and tools to combat IUU fishing

168 parties UNCLOS

1982

#

42 parties *CA

#

1993

91 parties UN FSA

#

69 parties IPOA-IUU

Rome Declaration

*PSMA

2001

2005

2009

CCRF

1995

#

VG-FSP

Global Record VG-CDS

VG-MFG

2014

2017

2018

# Binding * FAO discharges Secretariat responsibilities

Flag, Port, Coastal, Market State Responsibilities Port State

Flag 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

Has the responsibility to: • implement effective measures to verify rify that foreign flagged vessels entering its ports have not engaged in IUU fishing or related activities • deny port entry or take other inspection / enforcement measures to prevent fish caught from IUU fishing from reaching the market

Information-sharing and cooperation

Market State

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

Has the responsibility to: • 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) • improve transparency and ensure traceability of fish or fish products

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VG-TS

Combatting IUU Fishing • Strong political will and concerted action, including through RFMOs, by: • • • •

Flag States Port States Coastal States Market States

• Capacity and resources to: • Detect IUU fishing • Enforce regulations • Take action and prosecute

MCS Enforcement

Connection between IUU Fishing and Crimes in the Fishery Sector FAO works closely with other UN agencies, including UNODC, IMO and ILO. FAO discharges joint Secretariat responsibilities for the FAO-IMO-ILO Working Group on IUU fishing and related matters

Fisheries MCS

IUU UU FFi Fishing hing ng Crimes Cri Crim me mes me ess associated as aasso ssso so oci oc o ci with ith fisheries fishe fish heries e es eries

Fish Fisheries-related heries-rel eries-re elated d issues issue ues es / cr crimes c Other Inspection / Control Schemes

( ot connected (not (no co cconneeccted to o fis p atio but fishing operations take place plaac within in the tth fishing sector) fi

(directly rectly connected connecte to fishing operation operations)

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Crime Surveillance / Control Schemes

Regional Fisheries Bodies

Regional Fisheries Management Organizations

FAO discharges Secretariat functions for:

Regional Fisheries Advisory Bodies

• 4 RFMOs • 7 RFABs • Regional Fisheries Bodies Secretariats’ Network

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RFMO Conservation and Management Measures (IUU fishing) % RFMOs that adopted the CMM (global: based on 14 RFMOs) 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

*As at 15.10.2020

UN Sustainable Development Goals

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Sustainable Development Goals

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 (…)

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 (…)

Implementation of international fisheries instruments, mechanisms and tools directly contribute to achieving these Targets

SDG Indicator 14.6.1 Progress in the degree of implementation of instruments to combat IUU fishing 2018 - 2020

2018

2020

World

Australia and New Zealand

Europe and Northern America Northern Africa and Western Asia Latin America and the Caribbean Eastern and South-Eastern Asia Central and Southern Asia Oceania (excluding Australia and New Zealand) Sub-Saharan Africa

Least developed countries Small island developing States 0

1

2

Av. level of implementation: 1 lowest - 5 highest

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3

4

5

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 Fishing Vessels, Refrigerated Transport Vessels and Supply Vessels Supporting the implementation of the PSMA and other instruments to combat IUU fishing: •

Verification of vessel and authorisation information

•

Risk analysis from historical and compliance information

•

Linkage between vessel and port State inspection information and results

•

Parties and non-parties to international instruments

•

Other surveillance information (Coastal State)

Preparations for launching GR v2

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FAO Global Record 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. ¾ Goal: to combat IUU fishing through increased transparency and traceability ¾ Nature: a single hub for flag State fleet information (requested by COFI) ¾ Scope: all fishing and fishing-related vessels (transport, support and supply vessels): 1.

2.

That have an IMO number (as per IMO Resolution A.1117(3))

LOA ш 24m

12m ш LOA < 24 m that operate in waters beyond national jurisdiction

Whose products access international markets.

FAO Global Record ¾ Content:

5 Essential data fields

• 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

Data providers / Information Modules

Flag State

Vessel Details (5 essential fields) Historical Details Authorisation Details Inspection & surveillance Port Entry Denial IUU listing

X X X

Coastal State

X X

Port State

X X

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RFMO X X X X X X

UVI (IMO number) Current flag State Vessel name Length overall (LOA) GT or GRT

FAO Global Record Number of countries

% Vessels

35

31 35

Total no. of countries = 66

26

30 16

25

15

Total no. of vessels = 11,853 ((<1/2 < vessels with IMO numbers)

11

20

14 10

4

10

8

0 1

5

5

2

2

0 Africa

Vessel Type Fishing vessels 74%

Asia

Europe

Latin America & Caribbean

Near East

North America

Pacific

Vessel size (LOA)

Transport & Supply vessels 3%

ш 24 m 71%

Not specified 23%

< 24 m, ш 18 m 27% < 18 m 2%

Capacity Development

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Capacity Development for Combatting IUU fishing Policy and legislation

Training Institutional set-up and capacity

MCS and Operational procedures

Countries supported under the Global Capacity Development Programme

- 37 -

Areas of Technical Support

2

CDS/traceability

4

PSMA seminars

7

MCS training

11

MCS support

16

Legal training

20

Legal support

34

Needs assessment 0

5

10

15

20

25

30

Number of countries

FAO Websites on combatting IUU Fishing IUU Fishing

PSMA

- 38 -

Global Record

35

Thank You any questions?

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Day 1 | Presentation 2

WMU-MOF-KMI CAPFISH Project First Workshop 19-22 October 2021 World Maritime University, Malmö, Sweden Matthew Camilleri, Ph.D.

The FAO Agreement on Port State Measures

Leader Fisheries Global and Regional Processes

Alicia Mosteiro Fisheries Officer Fisheries Global and Regional Processes

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Objectives and Implementation

Objectives of the PSMA • 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 • Blocks fisheries products derived from IUU fishing from reaching national and international markets

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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 on the 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

The Global Record of Fishing Vessels

MCS

Catch Documentation Schemes GIES

Detection and Investigation Action and Prosecution Reporting and notification

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Putting the PSMA into Action 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)

PSMA Regional Coordination Meetings Tentatively planned for Asia: 4-8 April 2022 Pacific: 9-13 May 2022 Caribbean/LA: June 2022 Africa: July 2022

MOP 4: Bali, Indonesia, 8-12 May 2023

PSMA Strategy ad hoc Working Group 1st meeting: tentatively November 2022, venue TBD

PSMA Open-Ended Technical Working Group on Information Exchange 1st meeting: London, United Kingdom, 16 – 18 April 2018 2nd meeting: Seoul, Korea, 15 – 17 May 2019 3rd meeting: Tentatively June 2022, venue TBD

PSMA Part 6 Working Group – Requirements of Developing States 1st meeting: Oslo, Norway, 1 – 2 June 2017

2nd meeting: Rome, Italy, 5 – 6 July 2018 3rd meeting: Santiago, Chile, 7 June 2019 4th meeting: Bali, Indonesia, May 2023

Global Information Exchange System

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Why is information sharing important?

FUNDAMENTAL ELEMENTS TO ELIMINATE IUU FISHING

KEY STEPS/PROCESSES

• Compliance

• Ratification/accession

• Cooperation

• Implementation + • Information sharing

• Transparency

Information exchange network Electronic

Information Exchange

PSMA Article 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

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PSMA GIES Parties at MOP2 and MOP3 • GIES as an integrated system • Modular and phased implementation approach • Work closely with RFMOs and other systems such as IMO GISIS, Equasis and Global Record • GIES to enter a pilot phase • Data protection, confidentiality & interoperability

• Strengthen info exchange with relevant organizations at regional and international level

GIES application • Components • Denial of entry or use of port & withdrawal of port denials • Inspection report

• Flag State actions

• Functionalities • Manual online forms • Automated connection for near-real time exchange (GR, Nat.,Reg., Internat.)

• Notifications (including non-Parties, as relevant) • Search functionality

• Accessibility • Public: general information • Limited access: only Parties; summary information (risk analysis) • Full access: as per Article 15

- 45 -

The PSMA Global Information Exchange System Regional vessel records

National ational information info orrm rmat ssystems ystems ((FS) FS)

FAO Global Record Manual / Direct Input (FS)

Data / information access for GR (public) IHSMT

Crosscheck C rossch heckk information nformatio

SSummary Summ Su mmar mm aryy ar compliance ompliance an nformatio atio information

Flag State

National ationaall information iin nformaatti ti systems (PS) (PS) systems

PSMA Global Information Exchange System (GIES) Manual / Direct Input (PS)

Regional e-PSM Systems NCPs

DPs

Other relevant entities

Data / information access for GIES (restrictions to be defined)

FAO information exchange Flag State Port State

Standards

Linkages with RFMOs Linkages with other systems

Official contact points Procedures

- 46 -

Thank You any questions?

- 47 -

Day 1 | Presentation 3

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 Unit Sectoral Policies Department ILO, Geneva

- 48 -

Presentations will cover

X

Part I:

X

Main labour issues in commerical fishing

X

International Labour Organization (ILO)

X

Normative approach, international Standards

X

The ILO Work in Fishing Convention (C188) – history, contents

X

Part II:

X

ILO tools to concerning C188, experiences

X

ILO and IUU fishing

X

ILO fishing projects

X

Going forward

Advancing social justice, promoting decent work

39 million engaged in captures fisheries

- 49 -

Fishing

Special considerations with respect to labour conditions ….

Fishing • Marine environment

- 50 -

Fishing • Labour intensive

Fishing • Hazardous occupation

high fatality and injury rates

- 51 -

Fishing • Long periods at sea

Isolation Who is checking conditions?

Inability to get help

Fishing • Fishers live and work on vessel

- 52 -

Fishing • Share system • Self-employment • Lack of written contracts

Fishing • Long working hours and fatigue

- 53 -

Fishing • Limited trade union representation

• Fragmented fishing vessel owner organizations

Fishing Migrant fishers

• Visas/work permits • Recognition of certification, etc.

- Problems associated with the recruitment and placement process

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Fishing • Child labour

Hazardous work – likely to harm the health, safety or morals of children

Fishing • Forced labour • Trafficking (starts with recruitment process)

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"

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Other issues • Problems: declining resources, IUU, fisheries crime, transnational crime

• Piracy • Arrests of fishers • Abandonment

World Maritime News

International Organization for Migration

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Diversity in global fishing fleet 100 90

Percentage of world fleet

80 70 60 50 40 30 20 10 0

< 12 m

12-23.9 m

ш 24 m

Length of fishing vessel in metres

International Labour Organization

X

Specialized agency of the UN

X

Tripartite

X

Decent Work

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Decent work in the fishing sector

So what is the ILO doing?

Normative approach: International labour standards Conventions (and Protocol) – binding Recommendations – guidance - Backed by the ILO supervisory system

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International labour standards - all workers - specific issues - specific sectors

Fundamental principles and rights at work (FPRW) – all workers: • • • •

Protocol of 2014 Forced labour Child labour Discrimination Freedom of association and collective bargaining

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History…

ILO standards specifically for fishers

Before 2000 - 7 standards

ILO Standards for seafarers Before 2000

over 60 Conventions and Recommendations some applied to shipping and fishing

some could, after consultation, be applied to fishing Impact on national laws

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Maritime Labour Convention, 2006

- Fishing vessels excluded!

Decision to consolidate and update ILO standards for the fishing sector

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Preparation of ILO Work in Fishing Convention and Recommendation

11

2005

2007

Work in Fishing Convention, 2007 (No. 188) votes of 437 for, 2 votes against and 22 abstentions

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SD

Work in Fishing Recommendation, 2007 (No. 199)

Structure and content of C.188 • • • • • • • • • • •

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 Annexes

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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.

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Preamble UNCLOS FPRW – but not in Articles

Article 1 - Some key definitions Commercial fishing Fishing vessel Fisher Fishing Vessel Owner Fisher’s Work Agreement Consultation Skipper

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Art. 2 - Scope “This Convention applies to all fishers fishersand all fishing vessels engaged in commercial fishing operations”

Doubt? – Determination after consultation May extend provisions for larger vessels to smaller vessels, after consultation

Arts. 3 & 4- Flexibility for different national situations 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

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 …………………………………………………………………..

Substantial equivalence

• Certain hours of rest provisions • Certain accommodation provisions

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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.

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Art. 9 – Minimum age

Arts . 10-12 Medical examination

• 16 years of age (15 possible) • 18 years of age if dangerous work

• Fishers to have a valid medical certificate

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

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What are these minimum 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

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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 III

Accommodation Annex III

Not covered in Annex III

Below 24m – general requirements Above 24m – more specific requirements

“Grandfather” clause

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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)

24 metres

Western fishing vessel

Asian fishing vessel

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24m = 300 gt

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 auth inspects 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.

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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 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 • 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 must have a valid document stating the vessel has been inspected and complies with the Convention

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Arts. 43 – 44

Complaints

Port State control may inspect foreign vessels No more favourable treatment

Recommendation No. 199

• Not binding • Guidance • Paragraph 55 - role for coastal State 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

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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 hrs in 24 hrs and 77 hrs in 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

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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 Unit Sectoral Policies Department ILO, Geneva

2007 ILC Resolutions when it adopted the 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

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Action Plan for ratification

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Gap analysis matrix C.188 provision

R.199 provision

National law, reg or measure

gap

How to fill gap

Paper on use of flexibility clauses

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C.188 Article 22 report form

Ratification C. 188 so far • • • • • • • • • •

• • • • • • • •

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

Bosnia and Herzegovina Argentina Morocco South Africa Congo France Norway Estonia Angola Lithuania

Date of entry into force: 16 Nov 2017 8

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Flag and port State control guidelines - Adopted by tripartite meetings of experts

2011

2017

ILO training package on inspection of labour conditions on board fishing vessels

2020

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Some C.188 challenges

• • • • •

Scope (coverage of all commercial fishing vessels) Medical examination and certification Hours of rest Accommodation Inspection – resource issues

Global Dialogue Forum for the Promotion of the Work in Fishing Convention, 2007 (No. 188) – 2013

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2014 Protocol to the ILO Forced Labour Convention 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.

• 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.

Increased ILO attention of forced labour in the fishing sector

International expert meeting on labour exploitation in the fishing sector in the Atlantic region (Oslo, Nov 2015) Led to the publication of the report Fishers First: Good practices to end labour exploitation at sea, which contributes to the discussion of the links between efforts to tackle IUU fishing and efforts to address labour abuse in the fishing sector.

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Tripartite meeting on migrant fishers 2017

ILO and IUU fishing ILO submission to IMO III Subcommittee (2017)

Underlying causes for a possible link: • Recruiting often difficult due to substandard conditions – may lead to forced labour.

• 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.

• Competitive pressures have large impact on types of labour used. Cost-cutting may lead to using low-cost migrants, who are more vulnerable to coercion and abuse.

• IUU vessels often lack safety equipment, hygiene standards and have poor quality food and accommodation.

• Fishers on IUU vessels face the risk of arrest. May also be subject to attack to steal catch.

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ILO and IUU fishing Joint FAO/ILO/IMO 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 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.

• FAO, ILO and IMO work together on proposals concerning labour conditions at on fishing vessels, in particular with respect to forced labour.

• The work of ILO and IMO, with respect to the issues of abandonment and fair treatment of seafarers, be extended to include fishers.

• 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 programme on IUU fishing and promotion of international instruments relevant to fishing, taking into consideration existing implementing tools and materials.

Projects

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Combatting Unacceptable Forms of Work in the Thai Fishing and Seafood Industry Objectives: 1. Legal and regulatory framework (based on Protocol of 2014, C.188 2. Labour inspection 3. Voluntary compliance initiatives 4. Empowered workers access, support services

SEA Fisheries: Strengthened Coordination to Combat Labour Exploitation and Trafficking in Fisheries in Southeast Asia Outcomes 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 action plan -Commission and conduct independent research and provide a platform for knowledge sharing and enhancing communication Advancing social justice, promoting decent work

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Ship to Shore South East Asia - Promoting regular and safe labour migration among South East Asian countries in the fishing and seafood processing sectors 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.

Advancing social justice, promoting decent work

ILO training package on inspection of labour conditions on board fishing vessels - draws on ILO’s inspection guidelines, national experiences, ILO projects

• Overview of fishing sector, inspection issues, roles of relevant authorities (maritime, labour, fisheries, etc.

• Managers’ planning programme • Inspectors’ field training programme • Inspection of fundamental principles and rights at work • Pre-training mapping exercise • Annexes – tips for training, examples, etc.

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Coming: on-line course

Accelerator Lab 8.7: Intensify action against forced labour and child labour through innovation • Initial focus on the fishing sector.

• Identify initiatives and tools developed by ILO and other partners, including collective bargaining, that have proved to effectively address forced labour in the fishing sector.

• Possible issues include: • Inclusion of labour rights and prevention of forced labour considerations into efforts to combat Illegal, unreported and unregulated (IUU) fishing on board fishing vessels; • Addressing the issue of flag State’s responsibility to ensure respect of human and labour rights on board fishing vessels (e.g. flag of convenience, repatriation of crew); • 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; • 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 labour cases (i.e. fisher country, transit country, flag State country, port State, and market State) will have committed to joint efforts to eliminate forced labour in the fishing sector.

Other tools being developed:

• Advice on bilateral agreements concerning migrant if fishers.

• Global tool and protocols for detection of forced labour among fishers.

• Description of obstacles to detection of forced labor in commercial fishing and the legal frameworks in which detection and enforcement regimes operate.

• 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.

• Global detection tool and protocols for adaptation and use by authorites and others coming into contact with fishers.

• 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.

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UN inter-agency cooperation

ILO participating in • • •

IMO CTA promotion events FAO PSMA promotion events FAO/ILO/IMO joint working group on IUU and related matters

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Way forward: 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 labour conditions, safety and illegal fishing at the international, regional and national levels.

•

Awareness raising, capacity building.

www.ilo.org/fishing

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Day 1 | Presentation 4

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

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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

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Safety of fishing vessels

Lives lost ratio between merchant ships and fishing vessels It is very difficult to calculate the casualty rate of fishing vessels due to the lack of comprehensive international statistics The casualty rate of fishing vessels is more than 10 times higher than that of merchant ships

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Safety of fishing vessels

Link between safety, IUU fishing and working conditions on board fishing vessels It has been recognized the link between safety, fight against Illegal, Unreported and Unregulated (IUU) fishing and working and living conditions on board. This is due to the fact that unscrupulous owners/operators neglecting safety standards tend to neglect other international requirements.

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IMO/FAO/ILO working together

The safety of fishermen and fishing vessels forms an integral part of the UN’s mandate

1962 – FAO, ILO and IMO started working together

Initial focus on development of the Code of Safety and the Voluntary Guidelines

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IMO/FAO/ILO working together In the 2000’s, IMO has developed/revised non-mandatory instruments, in cooperation with FAO and ILO, in addition to its effort to effect the 1993 Torremolinos Protocol •

Code of Safety for Fishermen and Fishing Vessels, 2005

Part A: Safety and health practice (for skippers and crew) All vessels Part B: Safety and health requirements for the construction and equipment of fishing vessels

Vessels of 24 m in length and over •

Voluntary Guidelines for the design, construction and equipment of small fishing vessels, 2005 12 m in length and over, but less than 24 m

•

Safety recommendations for decked fishing vessels of less than 12 metres in length and undecked fishing vessels Less than 12 m in length YOUR LOGO

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Safety of fishing vessels Comparison of the scope of measures Scope of measures

Torremolinos

Code B

Guidelines

Recommendations

General provisions

;

;

;

;

Construction, equipment

;

;

;

;

Stability

;

;

;

;

Machinery, electrical installations

;

;

;

;

Fire protection and fire fighting

;

;

;

;

Protection of the crew

;

;

;

;

Life-saving appliances

;

;

;

;

Emergency procedures, safety training

;

;

;

;

Radio communications

;

;

;

;

Navigational equipment

;

;

;

;

;

;

;

Crew accommodation Manning, training & competence

;

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Safety of fishing vessels Implementation Guidelines •

IMO, recognizing the need to assist competent Authorities to implement part B of the Code of Safety for Fishermen and Fishing Vessels, the Voluntary Guidelines and the Safety Recommendations, instructed the SLF SubCommittee to prepare the draft Implementation Guidelines

•

The Implementation Guidelines on Part B of the Code, the Voluntary Guidelines and the Safety Recommendations was approved by MSC 89 in 2011, referred to FAO and ILO for concurrent approval

•

The Implementation Guidelines covers the development of a safety strategy, legal implications, administrative requirements, capacity-building, training of crew, enforcement of regulations and operational safety

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Torremolinos Protocol Torremolinos Protocol 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) •

Establishment of the highest practicable standards for the safety of fishing vessels which can be implemented by all States concerned

•

Applies to fishing vessels of 24 m (in some cases 45 m) in length and over (new vessels, in principle)

•

For fishing vessels between 24 m and 45 m in length, regional agreements (or the Code of Safety) may apply

•

Entry-into-force requirements: 15 ratifications, aggregating 14,000 fishing vessels over 24 m

•

Ratification: 17 States, approximately 3,000 vessels

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Torremolinos Protocol Contracting States to the 1993 Torremolinos Protocol Bulgaria

Kiribati

Croatia*

Liberia

Cuba

Lithuania

Denmark k*

Netherlands s*

France *

Norway y*

Germany y*

Saint Kitts and Nevis *

Iceland d*

Spain *

Ireland

Sweden

Italy * Contracting States to the 2012 Cape Town Agreement Page 10

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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) Adopted by the International Conference on Safety of Fishing Vessels (Cape Town, South Africa, 9 to 11 October 2012) •

Agreement prepared in order to expedite the entry into force of the provisions of the 1993 Torremolinos Protocol

•

The Agreement will enter into force 12 months after the date on which not less than 22 States, the aggregate number of whose fishing vessels of 24 m in length and over operating on the high seas is not less than 3,600 vessels, have expressed their consent to be bound by it

•

Agreement significantly lowered the number of vessels (14,000) required to bring the provisions of the 1993 Protocol into force

•

A simplified acceptance procedure was included in the Agreement to support those party to the 1993 Protocol YOUR LOGO

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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 Torremolinos Protocol (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

•

other technical and legal issues YOUR LOGO

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2012 Cape Town Agreement Contracting States to the 2012 Cape Town Agreement Belgium

Iceland*

Congo

Netherlands*

Cook Islands

Norway*

Croatia*

Peru

Denmark*

Saint Kitts and Nevis*

Finland

Sao Tome and Principe

France*

Spain*

Germany*

South Africa

Aggregated number of fishing vessels of 24 m in length and over operating on the high seas equivalent to 1,907 * Contracting States to the 1993 Torremolinos Protocol

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Supporting the implementation of the 2012 Cape Town Agreement Regional Seminars and Assembly resolution

Since adoption the 2012 Cape Town Agreement, IMO has held a number of regional seminars, in cooperation with the FAO Secretariat

To date, regional seminars on the Implementation of the 2012 Cape Town Agreement have been held in Belize, Cook Islands, Costa Rica, Côte d’Ivoire, Ghana, Indonesia, Morocco, Peru and South Africa

To further encourage ratification of the Cape Town Agreement, the IMO Assembly, at its twenty-ninth session, adopted resolution A.1107(29) to:

(1) urge Governments to consider accepting the 2012 Cape Town Agreement at the earliest possible opportunity; and

(2) invite Governments experiencing difficulties to becoming Parties to the Agreement to inform IMO so that consideration can be given to taking appropriate action in this respect, including providing necessary technical assistance YOUR LOGO

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Supporting the implementation of the 2012 Cape Town Agreement Ministerial Conference on Fishing Vessel Safety and Illegal, Unreported and Unregulated Fishing (Torremolinos, Spain, 21 to 23 October 2019)

Promote ratification of the 2012 Cape Town Agreement to strengthen safety and the global regulatory framework applicable to fishing activities

Address the impact illegal fishing has on the most vulnerable societies, the dangerous working conditions of fishers, the high number of fatalities in the fishing industry and the environment and how the 2012 Cape Town Agreement can address these and other issues

Educate on how the 2012 Cape Town Agreement and other FAO, ILO and IMO instruments can assist States and international organizations in achieving their goals and objectives on fishing related matters, including the establishment of a harmonized regime to exercise control over foreign flagged fishing vessels and better collection of data related to the fishing sector

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Supporting the implementation of the 2012 Cape Town Agreement Torremolinos Declaration

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Supporting the implementation of the 2012 Cape Town Agreement Torremolinos Statement The resolution:

Called on States to ratify the Cape Town Agreement

Urged States to take actions to prevent, deter and eliminate IUU fishing

Encouraged States to ratify and promote the STCW-F Convention on training of fishing vessel personnel

Called upon FAO, ILO and IMO to continue to work together in the fishing sector

Requested IMO to continue to provide technical assistance to States who request it in order to accede to and implement the Agreement

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Supporting the implementation of the 2012 Cape Town Agreement Regional webinars on fishing vessels safety

Provide a platform to get more insight into the Cape Town Agreement and share lessons learned from States that have already ratified the Agreement, or are currently in the process of doing so

Help to identify any barriers that hinder progress towards the widespread acceptance and effective implementation of the Agreement

Webinars: -

Latin America and Caribbean Region (23 to 24 November 2020)

-

Africa Region (23 to 24 February 2021)

-

North Africa and Middle East (13 to 14 April 2021)

-

Europe and Western Asia (21 and 22 June 2021)

-

Pacific Region (22 and 23 July 2021)

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Timeline for the entry into force of international safety provisions for fishing vessels

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IUU Fishing 4th FAO/ILO/IMO Joint Working Group on IUU Fishing and other related matters (Torremolinos, Spain – 23 to 25 October 2019) Recommendations: • Promote and support the development of ways to increase coordination and information sharing for inspection procedures at national level • Share information and experience for a potential integrated capacity-building and technical cooperation programme on IUU fishing and on promotion of relevant international instruments • Issues of abandonment and fair treatment of seafarers, be extended to include fishers YOUR LOGO

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IUU Fishing (cont…)

4th FAO/ILO/IMO Joint Working Group on IUU Fishing and other related matters (Torremolinos, Spain – 23 to 25 October 2019) Recommendations: • Having noted the IMO Action Plan on marine plastic litter from ships, FAO and ILO members and observers to forward relevant views to IMO • With regard to the allocation of IMO numbers to fishing vessels, consider taking appropriate action for effective allocation of the numbers

• Resolution A.1117(30) – IMO Ship Identification Number Scheme (extend the IMO number scheme to fishing vessels of steel and non-steel hull construction over 100 gross tonnage and above YOUR LOGO

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IUU Fishing (cont…)

4th FAO/ILO/IMO Joint Working Group on IUU Fishing and other related matters (Torremolinos, Spain – 23 to 25 October 2019) Recommendations: • IMO consider developing guidance to assist competent authorities in the implementation of the Cape Town Agreement of 2012 • A draft guidance is in development by a group of interested parties (Canada, China, Iceland, Indonesia, Philippines, Republic of Korea, South Africa, Spain, United States, FAO, ILO, ITF, Pew and WMU) for consideration and decision of the Maritime Safety Committee YOUR LOGO

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Conclusions: measures to be taken

1

Introduction of international mandatory framework: - The STCW-F Convention, 1995; - ILO Work in fishing Convention 2007 (No.188); - FAO Port State Measures Agreement; and - The 2012 Cape Town Agreement

2

Implementation of various instruments, by Administrations and/or Competent Authorities as well as by industry/industry organizations, in cooperation with FAO, ILO and IMO

3

Technical Cooperation activities should be strengthened: regional and national seminars, capacity building and training YOUR LOGO

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Thank you for your attention

Page 24

www.imo.org

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Day 2 | Presentation 1

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

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Presentation outline

I. The OECD Fisheries Committee (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

2

I. The OECD Committee of Fisheries (COFI)

3

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The OECD Fisheries Committee (COFI) 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 • 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 ¾ Biennial flagship report: the OECD Review of Fisheries 4

A unique set of data and indicators ¾ Policy recommendations are based on data reported by governments

FAO

Fisheries performance • Socio-economic indicators: value of landings, employment, trade, fleet • Fish stock status indicators : biological situation + objectives such as maximising catch 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-recognised best 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)

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5

II. Why focus on IUU fishing?

6

Why focus on IUU fishing?

Damaging techniques and targeting of endangered species harm marine resources & ecosystems

IUU fishing weakens governments’ capacity to manage fisheries sustainably

Pressure on fish stocks resulting from IUU fishing harms law-abiding fishers through unfair competition

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, corruption, trafficking)

The fight against IUU fishing is central to fisheries management and international cooperation Æ SDG 14 Æ WTO negotiations Æ Priority for RFMOs

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7

The status of assessed fish stocks ¾ In 2019, among 1 119 individual stocks reported by 30 countries and economies, 23% of stocks were in unfavorable condition % assessed stocks

Biological status

100

90 80

Undetermined Undetermined

Unfavourable Unfavourable

70

60 50 40 30

Favourable Favourable

20

10 0

8

Source: OECD Review of Fisheries 2020

III. Supporting adoption of best policies and practices against IUU fishing

9

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Best policies & practices to fight IUU fishing: the OECD IUU indicators Vessel registration by which countries collect and publicise information on vessels operating in their exclusive economic zone (EEZ) or flying their flag Authorisation to operate in the EEZ by which countries, as coastal states, regulate fishing and fishing-related operations in their EEZ Authorisation to operate outside the EEZ by which countries, as flag states, regulate the operations of vessels flying their flag in ABNJs and in foreign EEZs 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 International co-operation by which countries engage in regional and global information sharing and joint activities against IUU fishing

Based on a survey asking respondents whether they had regulation in place to deter, identify and punish IUU fishing and how well it was implemented in 2018.

Focusing on key elements of regulation as outlined in international agreements such as FAO IPOA-IUU.

The survey covered 27 OECD Member countries & 6 partner economies

Australia Belgium Canada Chile Colombia Costa Rica Denmark Estonia France Germany Greece Ireland Italy Japan Korea Latvia Lithuania

Mexico Netherlands New Zealand Norway Poland Slovenia Sweden Turkey United Kingdom United States Argentina China (People's Republic of) Chinese Taipei Indonesia Thailand Viet Nam

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10

Uptake of best policies and practices against IUU fishing, 2018 Vessel registration 1.0 0.9 0.8 0.7

Authorisation to operate in the EEZ

0.6

International co-operation

0.5 0.4 0.3 0.2 0.1 0.0

Authorisation to operate outside the EEZ

Market measures

Port measures All respondents (average) OECD countries (average)

All respondents (max) Emerging economies (average)

All respondents (min) 12

Areas of progress – Port State Measures ¾ Most notable of progress sinceof 2005 Most notable areaarea of progress : adoption Port: State Measures 2018

2005

The port state measures of relevant RFMOs are adopted and implemented Targets are set for port inspections A risk-based approach is taken to prioritise inspections Vessels suspected of IUU fishing can be denied access to port Foreign vessels need to request port entry in advance Ports for use by foreign vessels are designated 0

0.1

0.2

0.3

0.4

0.5

0.6

0.7

0.8

0.9

1

Average score

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13

Other areas 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

14

Areas for improvement – Vessel registration ¾ 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

Beneficial Owner

• 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

15

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Areas for improvement – Transparency ¾ Information on vessels is often not publicly available in spite of its importance for monitoring activities

List of domestic vessels found to engage in IUU fishing

List of vessels authorized to conduct fishing-related created activities in the high seas

19% 24% 22%

59%

fully publicized partially publicized no regulation

64%

12%

fully publicized partially publicized no regulation

16

Areas for improvement – The regulation of fishing-related activities ¾ Fishing-related activities remain in a blind spot due to weaker regulation

What are they?

• Transshipment of fish or provision of fishing inputs between fishing vessels and cargo vessels at sea to reduce fishing cost and time

Why they are important?

• 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

How they are managed?

• 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

17

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Areas for improvement – Market measures ¾ 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 ¾ But some measures are not yet universally used – e.g. cutting public support to IUU fishing Measure is in use

Measure should be used but is not fully implemented

Measure is not used

Measure is not applicable

Seafood imports must have a certificate of origin IUU products can be rejected at the border Imports from countries insufficiently fighting IUU fishing can be restricted Campaigns are led to raise awarness on IUU Co-operation is mandated between tax and fisheries authorities

IUU is considered as a predicate offence to money laundering Public support can be cut for operators convicted of IUU fishing 0

20

40

60

80

100 % respondents

18

V. Eliminating support to IUU fishing

19

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Eliminating support to IUU fishing

• Lowering net profits from IUU fishing is key to progress in the fight against it

Why is it important?

Long standing objectives

• Need to prevent public resources being used to support illegal activities

• Support to illegitimate practices can undermine the credibility of the fisheries sector • (2001) FAO voluntary IPOA-IUU called on countries to avoid support to IUU fishing • (2002) The draft plan for the World Summit on Sustainable Development refers the IPOA-IUU objective • (2015) UN SDG 14 calls for eliminating and prohibiting support to IUU fishing in Target 14.6 • On-going objective of WTO negotiations on fisheries subsidies

Æ 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 fishing 20

Eliminating support to IUU fishing – possible ways forward

¾ Use appropriate mechanisms to exclude fishers from support in cases of IUU fishing Such as fishing authorisation withdrawals, non-eligibility periods, requests for repayment of support

¾ 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

¾ Increase transparency on support recipients To facilitate the identification of support to be recovered, by cross-checking information with IUU vessel lists

¾ Repurpose support that risks contributing to IUU fishing 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.

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21

VI. Supporting the role of RFMOs during the COVID-19 pandemic

22

RFMOs & the fight against IUU fishing amid COVID-19 The COVID-19 has led to reduced MCS capacity among RFMOs to fight IUU fishing: • 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 Æ Highlights structural needs for improved decision-making and resilient MCS capacity RFMOs can better combat IUU fishing through: • 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

23

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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.org @OECDagriculture #OECDFishReview

24

Questions ?

25

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Contact us We look forward to hearing from you!

Access all of the fisheries & aquaculture information from the Trade & Agriculture Directorate at:

You can reach us via e-mail by sending your message to the following address:

We invite you to connect with us on Twitter by following:

www.oecd.org/tad/fisheries

tad.contact@oecd.org

@OECDagriculture 26

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Day 2 | Presentation 2

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

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Layout Statements to set the stage 1. Definition (wide-ranging impact of IUU fishing) 2. a. Social considerations in IUU fishing b. Economic consideration in IUU fishing (Value chain approach)

3. Counter measures (International instruments; Additional counter measures) 4. Concluding remark

A couple of opening statements 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.

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.

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.

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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: 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; 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.

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Unreported fishing refers to fishing activities: 1. Which have not been reported, or have been misreported, to the relevant national authority, in contravention of national laws and regulations 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: 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. 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.”

Some Estimates Estimation of IUU is difficult due to the fugitive nature of the practice. However, a number of estimates have been made.

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).

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.

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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

IUU fishing and small-scale fisheries Small-scale fisheries operators do engage in subversive activities which must be discouraged in the fight against IUU fishing. Some of these practices include: x x x x x x x x x

Use of explosives in fishing Use of poison in fishing Destructive fishing gears (small meshes) Targeting Juveniles Unregistered crafts evading taxes Fishing on breeding grounds in sheltered areas Poorly reported statistics and ecological impact Child labour in fisheries Drug and contraband trafficking

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2a. Socio-economic considerations of IUU fishing Social Impact The focus is on changes brought about by IUU fishing impacting on livelihoods as well as interactions with the socio-cultural, economic and biophysical surroundings. Vanclay (2003:4) suggested a list of variables for social impact assessment applicable to the evaluation of social impact of IUU fishing :

x x

x x

People’s way of life - that is, how they live, work, play and interact with one another on a day to-day basis; Their food security and livelihoods - the availability and quality of the food they eat, their ability to pursue their livelihoods Their culture and cultural heritage - that is, their shared beliefs, customs, customary practices, kinship ties, values, and language or dialect; Their community structure and organisation - its cohesion, stability, character, organisational integrity;

Social Impact Contd. x Gender relations - how men and women interact, the roles they play in the home and community, the division of labour, access to and distribution of resources and power dynamics that exist between them; x Their political and governance systems - the extent to which people are able to participate in decisions; the level of interaction with and support from government, the quality of local and customary governance systems; and the resources provided for governance interactions; x x

Their environmental quality - the quality of the environment including the air, water, soils, that people use and the level of hazard or risk they are exposed to; Their health and wellbeing - includes physical, mental, social and spiritual wellbeing, their access to basic services such as water and sanitation, their control over resources, satisfaction with their quality of life;

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Social Impact Contd. x

Their safety and security - that includes personal safety and living free from threats and dangers that may harm them or expose them to risk;

x

Their human rights - any infringement on human rights which may include a violation of their civil liberties; Their property rights - particularly whether people are economically affected, or experience personal disadvantage Their fears and aspirations - their perceptions about their safety, their fears about the future of their community, and their aspirations for their future and the future of their children

x x

Table 1. Key social dimensions and impacts of IUU fishing Social Dimension Food security and nutrition

Employment

Social Impact 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.

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.

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Local livelihoods

Women and gender relations

Health and safety

Human rights abuses

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 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

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.

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.

Adapted from (Vanclay 2003:4; AU-IBAR 2016, 94)

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2b. Economic considerations of IUU fishing Economic impacts 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 degradation.

Consequently, a value chain approach to economic impact assessment of IUU fishing would enable the discernment of hitherto undetected economic losses from 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).

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Table 2. Nodes of the fish value chain and key economic dimensions/impacts of IUU fishing Node of the fish value Description of value chain nodes Economic dimension/impact of chain IUU fishing Access to fisheries Investigate the extent to which Institutional corruption at the resources arrangements access arrangements are transparent international, regional and national and devoid of corruption 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)

Productive Examine nature of capital ownership/use of input supply productive capital inputs and implications for economic drain on coastal host nations

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).

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

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Fish capture

Catch acquisition

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

Examine the various arrangements/typology of catch acquisition and implications for economic drain on host nation

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

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.

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Fish handling and processing

Examine fish handling measures and the issue of meeting official control standards.

Disposal of product by marketing

Investigate activities involved in getting finished products to consumer and the interactions therein

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.

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.

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).

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.

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Motivations/incentives Contd.

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.

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.

Supply–side interventions focus on market demands that enhances sales (cf. Gelli et al.

2020). It 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

3.0. Effective counter measures The counter measures to curb IUU fishing involves taking actions to increase the cost of engaging in IUU fishing to the extent that it is no longer attractive or profitable to a would-be perpetrator. Such actions would usually include increasing the detection likelihood; levying high levels of fines when apprehended and increasing cost of avoidance behaviour to serve as a deterrent.

Other actions are aimed at removing various motivating/incentivising conditions or factors that are conducive for engaging in IUU fishing including but not confined to curbing corruption, eradicating bad subsidies, infrastructural development (such as e.g. fishing ports/post-harvest facilities), development of robust collaborative MCS systems and raising awareness about the menace.

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a. Counter measures recommended by FAO (cf. FAO 2020, 109) x x

Elimination of subsidies that contribute to IUU fishing Implementation of international instruments, tools and initiatives that encourage and facilitate the combating of IUU fishing such as FAO’s 2009 Agreement on Port State Measures (PSMA) as buttressed by IPOAIUU and the protocols of High Seas Task Force (2006); ILO and IMO initiatives.

Development of a global information exchange system for a swift and efficient exchange of information among Parties on foreign vessels seeking entry into, and using, their designated ports. Information such as whether vessels have ever been denied entry into, or the use of, other ports, their track record of compliance, and outcomes of any inspections conducted, should be shared almost in real time to allow swift detection of IUU fishing activities.

Catering for the requirements of developing States (especially capacity development support) in order to ensure widespread implementation of the PSMA.

x

x

x x

x

x

Monitoring and evaluation of the implementation of the PSMA, especially at this early stage of implementation to assess the effectiveness of the PSMA Implementation of the PSMA by regional fishery bodies for them to play an important role in the implementation of the PSMA and adopt conservation management measures (CMMs) concerning port State measures fully aligned with the PSMA. Study transshipment as a potential entry point for catches originating from IUU fishing activities into the market with the aim of closing such loophole by strengthening fisheries governance and improving on the capacity to monitor and control fishing operations.

Estimation of IUU fishing for an evidence-based understanding of the effectiveness of measures applied to combating the destructive activity

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x

The implementation of the recently endorsed Voluntary Guidelines on the Marking of Fishing Gear to facilitate the monitoring of fishing gear, tracking who is using it and for what purpose, thus contributing to the fight against IUU fishing.

x

Ascertain product legality and origin to ensure that supplies come from operations free of economic, environmental and social issues along the whole fish value chain.

This would address food safety and fraud issues whereas; catch documentation schemes (CDSs) are useful tool for preventing the entry into the value chain of fish originating from catches inconsistent with applicable measures, with which seafood legality is ensured at the entry point

x

Recognise the nexus between natural resource sustainability, tenure, access and user rights in the determination of who can use these resources, for how long and under what conditions. How the institutions can be useful in curbing IUU via collaborative MCS?

b. Additional counter measures 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).

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.

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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.

Strengthening regional and international cooperation and coordination in relation of curbing IUU fishing is crucial as the fugitive operators move from place to place in avoiding detection. Cooperation between FAO (Resource), ILO (Labour), IMO (Vessels/Gears)

The World Trade Organisation (WTO) should implement mechanism for the eradication of bad subsidies and elimination of dumping in international fish trade. Awareness should be raised about the harm of societal preference/demand for protected species or components of stocks (such as juveniles) which serves as a motivation for fishing operators to engage in IUU fishing.

The use of the power of markets (via certification and ecolabelling) for the improvement of fisheries based on the three tier principles of sustainability, minimising environmental impact and enhancing effective management as implemented by the Marine Stewardship Council (MSC), has proven to be a subtle but effective way of enforcing standards and changing behaviours towards resource sustainability.

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4.0. Conclusion IUU fishing is an important threats to the sustainability of fisheries resource.

We have outlined the socio-economic impacts emanating from IUU fishing, accompanied by counter alleviation measures for the consideration of both young emerging practitioners and policy makers in fisheries and fisheries management.

Although we have limited our appraisal in this presentation to the socio-economic considerations of IUU fishing and the counter measures to alleviate or eliminate impacts, it will be more helpful to include the environmental considerations in tandem with the socioeconomic aspects because of the interconnectedness. The triangulation of the three considerations would provide a more wholesome perspective of the menace.

It is very important to note from the outset that IUU fishing does not occur only at the fish capture segment of the fish value chain. But rather, as we have demonstrated, it is pervasive across the entire value chain which warrants a value chain analytical approach to the assessment of the impacts.

Thanks for the Invitation (WMU, KMI; MOF)

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Day 2 | Presentation 3

ILLEGAL, UNREPORTED AND UNREGULATED FISHING, A THREAT TO HUMAN AND NATIONAL SECURITY Dr Ifesinachi Okafor-Yarwood Lecturer in Sustainable Development, University of St Andrews, Scotland 20th October, 2021.

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• Illegal: Fishing without the permission or authorisation of states or in contravention of its laws and regulations;

WHAT IS IN A NAME?

• Unreported: Fishing activities which have not been reported, or have been misreported, to the relevant national authority, in contravention of national laws and regulations; • Unregulated: Fishing activities ‘conducted by vessels without nationality, or vessels flying the flag of a State not a party to the regional organisation governing the particular fishing region or species –(See: FAO, 2016; Liddick, 2014).

WHY DOES IUU FISHING OCCUR?

• Loophole in the law.

• Lack of or limited enforcement capability.

• Lack of state interest in the sector.

• Flags of convenience –foreign fishing vessels target countries with minimal regulation, cheap registration fees…

• Corruption.

• Greed.

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• At the continental level Africa have lost £200 billion in the last five decades to IUU fishing.

• Six West African countries – Mauritania, Senegal, The Gambia, Guinea Bissau, Guinea, and Sierra Leone – lose $2.3 billion each year – (Doumbouya et al., 2017).

• Amounts to 40—65% of the legally reported catch in West Africa – (Okafor-Yarwood et al, 2020).

EXTENT OF IUU FISHING IN WEST AFRICA

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.

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IMPACT OF IUU FISHING

UN pledge on the SDGs: ‘No Goal or target be considered met unless met for all social and economic groups’, - (UN, 2014).

• Undermines freedom from want and freedom fear components of human security.

IUU FISHING AS A THREAT TO HUMAN SECURITY AND NATIONAL SECURITY – DIRECT IMPACT

• Linked to slavery at sea, human trafficking, illegal oil bunkering and drugs and arms smuggling.

• Exacerbates depletion of fish stocks.

• Marine pollution • Climate change • Expansion of the BE sector

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• Illegal fishing

• They leave fishing trade and migrate (legally or illegally) – lose of traditional practices.

• Depleting fish stock linked to illegal migration from Senegal to Europe – (Shryock, 2020).

HOW DO FISHERFOLK RESPOND?

• Diversify – secondary source of income to support earning from fisheries.

• Sexual favours in exchange for stead supply of fish • Drugs trafficking

• Armed robbery at sea or acting as informants.

HOW MIGHT THIS LEAD TO CONFLICT BETWEEN?

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CRIMINALS OR ACCIDENTAL VIGILANTES? LINKING PIRACY AND ARMED ROBBERY AT SEA WITH IUU FISHING – GULF OF GUINEA

24 June 2020 F/V Panofi Frontier

18 May 2020

Prior to being attacked, it engaged in a pattern of activity that moves laterally between different regional states – (Ralby, 2021).

FV Hai Lu Feng II

Incident off the coast of Gabon – Lian Peng Yu 809?

• Potentially used as ‘primary vessel’ for subsequent attacks on Seaking & Marine Spirit 8th and Marie E, 9th off STP.

FV Hai Lu Feng II fined (est. $7,300) for switching off AIS in Nigeria waters

7 Feb. 21?

24 June 2020

HOW CAN COASTAL STATES ADDRESS IUU FISHING AND THE RESULTANT IMPACTS

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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

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Day 2 | Presentation 4

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

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Introduction 1. Canada is a Maritime Nation,(3 - 41) 2. Canada’s Fisheries Compliance Strategy MCS 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

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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 2019, – Other oceans sectors growing rapidly (ex.

Offshore oil & natural gas, eco-tourism, marine transportation,)

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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.

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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 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.

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Jurisdiction and Legislation over Canada’s Fisheries • DFO-CCG 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.

DFO-CCG

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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,

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DFO-CCG has four Core Responsibilities 1) DFO-Fisheries - managing Canada’s fisheries, Indigenous fisheries programs, aquaculture activities, and providing for commercial fishing harbours,

2) DFO-Aquatic Ecosystems - managing, conserving, protecting Canada’s oceans and other aquatic ecosystems and species from human impacts and invasive species; 3) CCG-Marine Navigation -providing information and services to facilitate navigation in Canadian waters; 4) CCG-Marine Operations & Response - providing marine response services & operating 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.

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DFO Regions (7)

CCG Regions (4)

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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.

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Canada’s Fisheries Management Performance • In Canada, the status of 103 stocks has recently been quantitatively assessed by OECD in January 2021.

• Of these, 81 are assessed to have a biologically favourable status and 54 also are meeting additional management objectives.

OECD. 2021 Report on Fisheries and Aquaculture in Canada.

Threats to Canada’s Fisheries • Much of Canada’s fishing industry operates offshore in what is one of the world’s largest Exclusive Economic Zones (EEZ), across three Oceans – Atlantic, Arctic and Pacific, • The EEZ territory equivalent to approximately 31 per cent of the country’s land mass.

• Fisheries Managers are challenged to address the multiple threats (overfishing, pollution, habitat loss, climate change) to Canada’s fisheries and marine resources in such a vast area.

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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.

Canada’s NPOA-IUU • In 2005 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 fishing (IPOA-IUU), • These 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.

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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 DMP programs 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.

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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 Policy indicators suggest the Canada meets/exceeds its international responsibilities on IUU Fishing in 5 of 6 key indicators, and it remains weak in international market measures, OECD. 2021 Report on Fisheries and Aquaculture in Canada.

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Canada’s Seafood Traceability and Market Measures Initiative

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 to December 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.

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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, • 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.

Canada’s Fish and Seafood Sector • Canadian marine and freshwaters contain more than 160 species of fish and seafood,

• Fresh, frozen, smoked and canned products are in high demand in every corner of the globe, • Canada exports ~ $7.4 billion worth of fish and seafood annually to over 120 countries, and • Canada imports ~ $4. billion in fish and seafood from just over 140 countries. (OECD Jan 2021)

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Canada’s Fish & Seafood Sector • The top exported species in 2019 (by volume) were Lobster, Atlantic Salmon, Shrimp, Snow Crab, and other crab.

• The top species imported into Canada (by volume) were Salmon (all species), Shrimp (all species), Tunas, and all species of crab.

• ~17.4% 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.

OECD Jan.2021)

IUU Fish Imported into Canada • Oceana 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.

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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 Canada.

Prevention 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,)

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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,

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CDA’s Market-related Measures to address IUU Fishing. (2 of 2) The 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 • The Catch 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.

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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

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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)

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Overview of Fisheries Enforcement • 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 •

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.

DFO-CCG Photos)

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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).

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Greater Enforcement Role in Fisheries Management Plans (FMPs) • 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.

Canada’s MCS Experience • 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.

51

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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 • 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, 53

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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,).

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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,

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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),

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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)

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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)

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MCS 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 surveillance cameras,

GPS Satellite GPS Satellite

ALC Device on vessel

• Remote sensing devices,

• Electronic logs, • Automated unmanned vehicles (AUVs) & Drones, (DFO images)

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Satellite

GPS Satellite

Ground Station

VMS Database

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.

• 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 • 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 • The NFIS works to identify and rank the most significant threats 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),

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Apprehending Violators cont’d • Voluntary Community Enforcement i.e.

Conservation Watch and C&P Ride Along Programs), • Specialized Fishery Enforcement Officers Offshore, Coastal and Inland,

DFO-CCG Photos)

Canada’s Fisheries Violations by Region 2016-2021 (as of Oct 13th)

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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

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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.

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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 Actions 9. Discussion and Conclusions

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RFMO Reforms

Canada Participates in Strengthening of RFMOs • Canada continues to support for the adoption of new measures to strengthen the institutional regimes of RFMOs through: • 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,

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Reform of RFMOs 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.

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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)

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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 area.

Operation North Pacific Guard (formerly Operation Driftnet)

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Operation North Pacific Guard - 1 (Formerly Op. Driftnet) • Canada, alongside its Pacific partners engages in annual operations to secure the North Pacific from the threat of IUU fishing including illegal driftnets.

• These 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.

North Pacific Guard - 2 • In 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 the NPAFC Convention Area, a 4 million-square-km expanse of the North Pacific, as part of an MCS initiative known as North Pacific Guard.

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Operation North Pacific Guard - 3 • North Pacific Guard operations also supports the MCS over multiple Regional Fisheries Management Organization convention areas the • North Pacific Anadromous Fish Commission, • North Pacific Fisheries Commission, and • Western & Central Pacific Fisheries Commission.

Operation North Pacific Guard - 4 • 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 the NPAFC include - 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 - 5 • On May 10, 2021, U.S. Coast Guard, Canada, and Rep of Korea, uncover 450 shark fins and 32 potential violations during international fisheries boardings in the North Pacific,

(U.S. Coast Guard photos)

Operation North Pacific Guard - 6 • 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.

(U.S. Coast Guard photos)

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Operation 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 with the Canadian Forces to coordinate aerial surveillance of the region using the CP-140 Aurora maritime patrol aircraft.

(DND Photo)

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Canadian Air Force conducts Joint Operations with U.S. Coast Guard

Canada and EU Partnership

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Canada and EU Collaboration on IUU Fishing • 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. • For example, the statement calls for strengthened MCS and enforcement activities, and promotes further cooperation on measures at global and regional (RFMO) levels.

Canada - EU Partnership • 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.

• These exchanges have a long history of cooperation with the EU, with exchanges on both CAN, and EU patrol vessels.

• 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.

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Canada - EU Partnership • 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 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).

• 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.

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ICCAT Joint International Inspection Scheme Proposal • 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.”

• 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.

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.

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Canada and EU on NAFO Inspections • Canada and EU inspectors have successfully conducted at-sea joint patrols in the NAFO Regulatory Area onboard both Canadian and EU patrol vessels.

• 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.

• International cooperation strengthens as participants discuss recent infringement cases towards improving procedures and information sharing.

Canada-EU on NAFO Inspection Scheme • Once COVID restrictions are lessened and international travel becomes more safe, Canada will host the next NAFO Inspectors Workshop.

• 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. • 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

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Central Arctic Ocean Agreement • 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 the central 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.

Central Arctic Ocean Agreement • 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 ratified on 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,

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Central Arctic Ocean Agreement area

Central Arctic Ocean Agreement • 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.

• 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.

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Central Arctic Ocean Agreement • The CAOA commits signatories to work collaboratively to deliver the following two commitments: 1) developing a joint scientific research and monitoring program, and 2) implementing conservation and management measures to oversee any exploratory fishing activities in the CAO Agreement area.

• The 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.

Canada Partners with Global Fish Watch

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Canada partners with Global Fish Watch • 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 track IUU fishing vessels.

• The funding 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.

• 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 Fish Watch • 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.

• 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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Global Fish Watch • Global Fishing Watch (GFW) is an international non-profit organization committed to advancing the sustainability of our oceans through increased transparency.

• 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.

Larger Fishing Vessel Impacts • 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).

• If only 1% were IUU vessels- that translates into 600…

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3. Global Fish Watch Map

Global Fish Watch use of AIS • 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.

• 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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Global Atlas on AIS-based Fishing • In 2019 Global Fish Watch, and Fundacion AZTI, and the UN FAO collaborated to publish the first ever Global Atlas of AIS-based Fishing Activity.

Transshipment 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.

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Eyes on the Seas • 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.

• 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.

The Dark Vessel Initiative

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The Dark Vessel Initiative • February 24, 2021, the Government of Canada via DFO launched the new Dark Vessel Detection program.

• 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.

The Dark Vessel Initiative • 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 • Through the Dark Vessel Detection program, Canada is partnering with other ocean nations to better detect and prevent illegal fishing around the world.

• 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 Dark Vessel Initiative • 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.

• 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.

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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).

The Dark Vessel Initiative • 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

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Dark Vessel Detection Program • In 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.

• Although 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.

Strengthening Fisheries Intelligence in the Pacific

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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.

• For example, as a member of the new Pacific Fisheries Intelligence Group (PACFIG), Canada works to build an international community of intelligence practitioners dedicated towards achieving sustainable fisheries in the Pacific Ocean.

Pacific Fisheries Intelligence Group (PACFIG) • 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.

• The Covid-19 pandemic delayed these follow-up working group meetings, as well as capacity building courses originally 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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The Impact of IUU Fishing – a Cod Story

The Impact of IUU Fishing • 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

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Consequences of the Collapse • 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, • 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.

• Positively, it created of a more robust, risk adverse sustainable fisheries management strategy across all Canada commercial fisheries, • 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.

Northern Cod Recovery?

• 29 years after the collapse, the Northern Cod stock is reported to be increasing in numbers, health, normalizing in maturity and behaviour,

• 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).

• 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.

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Future Actions • 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.

• 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.

The next priority of the current government will extend to the Blue Economy agenda.

Canada’s Blue Economy Strategy • 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,

• 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.

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Canada’s 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 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.

The High Level Panel for a Sustainable Ocean Economy • 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, • A Sustainable Ocean Plan in which effective protection, sustainable production and equitable prosperity are achieved together.

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The Global Ocean Alliance • In 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.

• As of August 23, 2021 approximately 54 countries have joined the Global Ocean Alliance.

Discussion and Conclusions Coastal/ SID States need to focus on: • Legislative/regulatory foundations to policy decisions/initiatives are essential to succeed against the IUU Fishing crisis, • To be successful policy must translated into effective program actions to deliver the desired goal(s), • Human resources - trained and properly funded, with access to new technologies and strong collaborations nationally, regionally, and internationally are also critical to stopping IUU Fishing, • Commitment – All Coastal States must be steadfast towards ending IUU Fishing everywhere.

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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,

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The New BBNJ Convention

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),

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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.

• 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.

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,

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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,

The new BBNJ Convention Postponed • 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.

• 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.

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2019 Fisheries Act Amendments to Strengthen Enforcement Update and strengthen enforcement powers of Fishery Officers: í Power to stop and detain vessels or vehicles (Subsection 49(4)); í Authority to exercise inspection and enforcement powers on Canadian fishing vessels in foreign ports or in foreign waters (Section 87.1); í Duty to keep records for catch certification purposes (Subsection 61(3.1)).

2019 Fisheries Act Amendments to Strengthen Enforcement • Amendments are also proposed to enable Courts to order forfeiture of: í 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 í 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).

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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)).

2019 Fisheries Act Amendments to 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 • New Alternative Measures Agreements (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 be used: í sufficient evidence to proceed with a charge; í 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.

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2019 Fisheries Act Amendments to Strengthen Enforcement • Enhance fishing gear compliance (Sections 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).

• Clarify that fishing gear, including logs, rocks or other such items can not be used to obstruct the passage of fish (Section 29).

2019 Fisheries Act Amendments to Strengthen Enforcement • 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.

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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).

• 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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Ministerial Order to Create an MPA • The DFO Minister may issue a Ministerial Order, to provide interim protection to an MPA area identified for conservation.

• The MPA can be in force for up to five years during which the process to establish a permanent MPA would be would continue.

• After the five years, the MPA would be repealed or will have been replaced by a permanent measure, such as a GIC regulation.

Applying the Precautionary Principle • 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, • 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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Ecological Integrity • (1.1) 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 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 following: Network of marine protected areas (2) For the purposes of integrated management plans referred to in sections 31 and 32, 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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Enforcement Powers and Penalties • Enforcement Powers were strengthened for Inspections, 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 Corporations.

Enforcement Officer Powers • 10 (1) The portion of subsection 39.1(1) of the Act before paragraph (b) is replaced by the following: • Inspections 39.1 (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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Seizure • Seizure (1.2) 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.

Direction and Detention of Ships • 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.

• 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.

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Compliance Order • Compliance order • 39.22 (1) 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.

Order to Ship • Order to ship (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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Seizure and Forfeiture Things Seized, Detained, Abandoned or Forfeited • 12 (1) The portion of subsection 39.3(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) Section 39.3 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 subsection 2(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 Offence and punishment — Persons

• 39.6 (1) Every individual or corporation that contravenes subsection 39.21(5) or 39.24(1), a regulation made under paragraph 35(3)(c) or (d) or 52.1(a), or an order made under subsection 35.1(2) or 36(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 $15,000 and not more than $1,000,000, and (B) for a second or subsequent offence, to a fine of not less than $30,000 and not more than $2,000,000,

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Offences and Punishment • 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 $500,000 and not more than $6,000,000, and (B) for a second or subsequent offence, to a fine of not less than $1,000,000 and 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 $150,000 and not more than $8,000,000; or

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 $5,000 and not more than $300,000, and (B) for a second or subsequent offence, to a fine of not less than $10,000 and 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 $100,000 and not more than $4,000,000, and (B) for a second or subsequent offence, to a fine of not less than $200,000 and not more than $8,000,000, and

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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 $25,000 and not more than $2,000,000, and (B) for a second or subsequent offence, to a fine of not less than $50,000 and not more than $4,000,000.

Amendments to the Coastal Fisheries Protection Act of 2019

- 233 -

Coastal Fisheries Protection Act of 2019 • 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).

Coastal Fisheries Protection Regulations • Under the CFP 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.

- 234 -

Coastal Fisheries Protection Regulations • Fisheries and Oceans Canada’s mandate also supports vessels used or equipped for provisioning, servicing, repairing or maintaining foreign fishing vessels at sea.

• As a responsible member of various regional fisheries management organizations, Canada supports and encourages collaborative efforts to reduce illegal, unreported and unregulated fishing.

• 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.

Canada and the Port State Measures Agreement

- 235 -

Canada and the PSMA The Government of Canada honored its commitment to fight IUU fishing by: • 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 Agreement, • 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.

Canada and the PSMA • This is the first binding international agreement to specifically target illegal, unreported and unregulated fishing.

• 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.

- 236 -

Port States Measures Agreement • 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 also sets minimum standards to related activities that support such fishing.

•

The PSMA recognizes the sovereignty of states to apply more stringent measures regarding foreign vessels seeking to enter their ports.

Port State Measures in Canada • 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.

• - 237 -

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.

The PSMA • 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.

- 238 -

The PSMA • 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.

• 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.

• Canada, by implementing the PSMA, contributes to the long-term conservation and sustainable use of living marine resources and marine ecosystems.

- 239 -

About Port State Measures • 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.

• Such 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.

Advantages of Port State Measures • 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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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.

• These provisions are consistent with Canada’s port access regime for foreign vessels and interest in bolstering RFMOs.

The End

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Day 3 | Presentation 1

IUU fishing and the WCPO tuna fishery Reality and Challenges A View from the Wharf

Francisco Blaha www.franciscoblaha.info

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Beforee I 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 behalf.

Who am I? • Ridiculous mixture of Austrian, Guarani-Argentinean, Russian-German and a proud New Zealand citizen • 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.

• I have a MSc in Fisheries Biology (1991), a MSc in Food Science (2000).

• I work with industry in the Pacific since 1991 (since 95 based in New Zealand), and as a advisor for FFA, NZ MFAT, EU, FAO, UNDP, etc.

• 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.

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Who am I?

But basically I’m an overqualified fisherman

What Pacific I’m talking about?

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How important is tuna fisheries in the Central & Western Pacific?

Source: FFA & SPC data

How important is the Central and Western Pacific for Tuna fisheries?

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How Tuna Fisheries are managed in Central and Western Pacific?

The WCPFC FFA and SPC that are regional organisations that provide support to its member countries.

The PNA The national governments

What these institutions do and how they relate to each other?

• WCPFC: overall management by consensus • 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

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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?

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Bycatch? Lots more to work on

Bycatch? Lots more to work on

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Is the Pacific benefiting from their fish?

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?

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 2020.

However, this growth has been achieved from purse seine vessels operating under the PNA Vessel Day Scheme and this has slowed in recent years.

- 252 -

Is the Pacific benefiting from their fish?

Total direct employment 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.

What about IUU fishing? Is all the same everywhere? NO

Different oceans, different mixes Atlantic of East Africa: Illegal (unlicensed vessels, illegal transhipments, incursions into EEZ, etc) South Atlantic: Unregulated: the area is not under the management of a RFMO, mile 201 “free” fishing Eastern Pacific: Illegal + unreported: under two different RFMOs, difficult control, mile 201 fishing Western and Central Pacific: Unreported: All legal but under and misreporting happens - 253 -

What about MCS Monitoring, Control & Surveillance of IIU fishing?

What about MCS? Regional unity has produced via FFA a unique set of Monitoring, Control and Surveillance (MCS) tools like: • FFA VMS • WCPFC Vessel Monitoring System (VMS) • Automatic Identification System (AIS) • Electronic Op Room (E-Ops Room) • Regional Surveillance Picture (RSP) - 254 -

Regional unity has produced via FFA a unique set of Monitoring, Control and Surveillance (MCS) tools like: • FFA VMS • WCPFC Vessel Monitoring System (VMS) • Automatic Identification System (AIS) • Electronic Op Room (E-Ops Room) • Regional Surveillance Picture (RSP)

What about MCS? Regional unity has produced a unique set of Monitoring, Control and Surveillance (MCS) tools like: • Vessels compliance Index; • Replication of this information to all member countries

High risk FFA VMS contact

Low risk FFA VMS contacts

Medium risk FFA VMS contacts

Medium risk WCPFC VMS contact

Medium risk AIS contact

What about MCS?

The four FFA coordinated regional surveillance operations using all the regionally available assets (plane and patrol vessels) plus the help of the New Zealand, Australia, France and US forces

- 255 -

What about MCS?

The Harmonized Minimum Terms and Conditions for Access by Fishing Vessels, 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 labour standards since 1 January 2020

What about MCS? Solid registers like the FFA Regional Register of Fishing Vessels (RR) list of vessels in good standing, for those that are in compliance with the Harmonized Minimum Terms and Conditions for Access by Fishing Vessels, for all vessels intending to fish in the regional waters; And also sync to the WCPFC

- 256 -

What about MCS? Observers Programme • Over 2000 deployments a year 100% PS and 5% Longline • Scientific Data • Continuous Observation of the fishing characteristic & effort, catch composition and resource yield • Monitor regulatory conditions under which resources are exploited • Surveillance data vessel and aircraft sighting

What about compliance?

The Niue Treaty, which is an agreement on cooperation between FFA members about monitoring, control and surveillance of fishing MCS – it includes provisions on exchange of information plus procedures for cooperation in monitoring, prosecuting and penalizing illegal fishing vessels; and

Cooperation in conducting cooperative surveillance and enforcement activities

Cooperation in sharing fisheries data and intelligence (FDI)

eaty Information Niue Treaty System

nformation Mana Regional Information Management Facility

Notifications tions Information Authority

MANDATORY ORY data for fisheries fishe purposes OPTIONAL – additional FDI Sharing of FDI for broader law enforcement purposes

- 257 -

What about compliance?

The region has been very advanced in terms of • Electronic Reporting • Electronic Monitoring • Database management (via SPC & PNA FIMS)

Is it working?

Mostly yes

The 2016 IUU Quantification Report estimated the value of total product involving IUU activity in Pacific tuna fisheries ….

• 306,440 tons…est total volume • USD $616.11m, est total 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 -

In the horizon?

• Scales to monitor transhipments • Port States Measures Framework • Catch Documentation Scheme • Incentives for compliance: provide cheaper access to the fishery (or simpler) for operators that have a good compliance history, whilst making it more expensive (and more complicated) for those who don’t.

In the horizon?

• Scales to monitor transhipments • Port States Measures Framework • Catch Documentation Scheme • Incentives for compliance: provide cheaper access to the fishery (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 aree some • • • •

Data Management and visualizations Machine Learning Artificial Intelligence Our MCS - IT needs a big step forwards

Challenges? Many… Is the biggest fishery in the world after all, here are some Further integration of EM and ER into everyday operations • But there are legal issues to sort (electronic evidence) it may no work for some type of infractions • Data processing capabilities and “dry observers” capabilities • Proprietary software and costs • Enforcement capacity • HS based longliners, (not touching port for years)

- 260 -

Challenges? Many… Is the biggest fishery in the world after all, here are some High Seas Transhipments • Through a binding conservation and management measure (CMM)—CMM 2009–06—the WCPFC prohibits longliners and other vessels from transhipping on the high seas except where CCM has determined that “it is impracticable for certain vessels . . . to operate without being able to tranship on the high seas.”

• 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.

Challenges? Many… Is the biggest fishery in the world after all, here are some High Seas Transhipments

Notice how most of these transshipments take place on the borders of EEZs, rather than in the most isolated areas of the high seas, where it really will be impractical.

- 261 -

Challenges? Many… Is the biggest fishery in the world after all, here are some Sonar FADs Management / Effort Creep / Behaviour • 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”.

• 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.

• One could be inclined to think that with so many FADs there are actually no free schools… but just schools swimming in between FADs.

Smoothed kernel density of deployments of buoys per 1° grid cell during 2017. Maximum number of deployments per cell is 300 in 2017

Challenges? Many… Is the biggest fishery in the world after all, here are some Labour standards • This 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.

• This is not only labour, it is also about exploitation

- 262 -

Challenges? Many… Is the biggest fishery in the world after all, here are some Under resourcing of fisheries administrations • This was the entry to the office and boarding equipment of a main fisheries port in the region (2017).

• 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.

• The funding for the organizations and for talent retention is woefully low in comparison of the value of the fishery.

• Yet the competing needs at country level (i.e. health, infrastructure, education, communications, etc) are to be attended as well.

Dealing with the level of development of the present fisheries requires excellence, yet we pay less than mediocrity to fisheries officers

Challenges? Many… Is the biggest fishery in the world after all, here are some Geopolitics and subsidies • The Pacific is the playground for diplomatic influence.

Fisheries can be a vehicle for other purposes and incredible pressures come come from the DWFN. • 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.

• 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 • 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 earth.

- 263 -

Challenges? Many… Is the biggest fishery in the world after all, here are some of my “favourites” Climate Change Tuna is moving East Pathways to sustaining tuna dependent Pacific Island economies during climate change July 2021 https://doi.org/10.1038/s41893021-00745-z

Here we don't

Here we put the rules and control them

Challenges? Many… Is the biggest fishery in the world after all, here are some Attracting diversity 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

- 264 -

Questions?

“I am not young enough to know everything” Oscar Wilde

- 265 -

Day 3 | Presentation 2

Tools in Tuna RFMOs in the Fight against IUU Fishing

Jung-re Riley Kim Ministry of Oceans and Fisheries of Korea

- 266 -

I will be taking about

9what regional fisheries management organizations are, 9how they are related to the UN and its specialized agencies, 9what they do to conserve and manage fish stocks and related ecosystem

9what 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? 9Intergovernmental organization where governments are represented

9shared responsibilities for fish under their management

9No membership, no fish

950 Regional Fisheries Bodies, five of them are tuna RFMOs

FAO Area Map

- 268 -

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- 269 -

How RFMOs are Related to UN

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- 270 -

What does an RFMO do?

9Adopt conservation and management measures

9Conduct scientific work, including stock assessment

9Monitors compliance with conservation and management measures

Conservation and Management Measures RULE BOOK of RFMOs 9Renewed, revised or introduced at Commission meetings 9Based on Members’ proposals 9Different level of obligations and different names amongst RFMOs

- 271 -

Measures for fish stocks and bycatch CMM

WCPFC

Catch limits

Big eye, Pacific Bluefin

O

Tuna

ICCAT

IATTC

IOTC

CCSBT

O Big eye, Atlantic Bluefin

O

O

O

tuna Albacore, Swordfish,

Bigeye tuna

Yellowfin tuna

Southern Bluefin tuna

etc

Shark

O

O

O

O

O

Seabirds

O

O

O

O

O

cetacean

O for purse seiners

X

O for purse seiners

O for purse seiners

RFMO Structure Final decisions

Commission Committees

•Scientific Committee Advice to the Commission

•Compliance Committee •Finance and Administration Committee Working Groups

- 272 -

IUU Fishing in the RFMO Context

9 Awareness on IUU fishing in the early 1990s 9 UNFSA called on the need to address illegal fishing activities

9 CCAMLR coined the term “IUU fishing in 1997” 9 FAO Compliance Agreement and IPOA-IUU

Examples of IUU fishing 9 fishing without authorization, 9 fishing in an area of an RFMOs while the flag state is not a Member 9 fishing with a vessel without a flag, 9 fishing in excess or without allocated fishing opportunities,

9 fishing in a closed area or period, 9 cooperating or supporting an IUU fishing vessel, 9 fishing for prohibited species

- 273 -

RFMO Tools to Fight IUU Fishing 9 Catch Documentation Scheme 9 List of Authorized Vessels 9 Vessel Monitoring System 9 High Seas Boarding and Inspection Scheme 9 Compliance Evaluation Procedures 9 Observer Programs

9 Port State Measures 9 Listing of IUU Vessels

Some MCS Measures of t-RFMOs

MCS measures

WCPFC

ICCAT

X

Statistical program for

Catch documentation scheme or statistical

Vessel Monitoring system

High seas boarding and inspections

IOTC

CCSBT

statistical program

statistical program

CDS for SBT

o

o

o

o

o

o

o

o

considering

considering

considering

X

CDS for bluefin

program

Authorized vessel list

IATTC

bigeye

o

o

o

- 274 -

Some MCS Measures of t-RFMOs

MCS measures

WCPFC

ICCAT

IATTC

IOTC

CCSBT

Compliance Review

o

o

o

o

o

Onboard observers

o

o

o

o

o

Transshipment observers

100%

100%

100%

100%

100%

Port state measures

9 What are major elements?

9 Port entry or use 9 Inspection 9 Other elements

9 Are t-RFMOs’ PSM consistent with FAO? 9 Any room for improvements?

- 275 -

Port state measures-major elements Port entry or use

9 Advance notice of port entry required 9 Denial of use of ports when a vessel is in a port 9 Any denial of port entry 9 Explicit communications regarding denial of entry or use

Port state measures-major elements Inspection

9 Minimum inspection levels 9 Priorities for inspectors 9 Minimum standards for inspector training or functions 9 Minimum standards for inspection reports

9 Reporting on all port inspections

- 276 -

Port state measures-major elements Other elements

9 Force majeure provisions 9 Applicability to all CPC ports no matter where located 9 Requirements apply to any foreign-flagged vessels seeking access to port

Port state measures elements

CCSBT

ICCAT

WCPFC

IOTC

Advance notice of port entry required

O

O

X

O

Denial of use of ports when a vessel is in a port

X

O

X

O

Any denial of port entry

O

O

X

Explicit communications regarding denial of entry or use

X

O

x

O

O

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- 277 -

Port state measures elements

CCSBT

ICCAT

WCPFC

IOTC

Minimum inspection levels

O

O

X

O

Priorities for inspectors

O

O

O

x

Minimum standards for inspector training or functions

X

X

O

Minimum standards for inspection reports

O

X

O

Reporting on all port inspections

O

X

X

O

O

O

,QIRUPDWLRQ VRXUFH ,66) 7HFKQLFDO 5HSRUW +ROO\ .RHKOHU SDJH

Port state measures

elements

Force majeure provisions

Applicability to all CPC ports no matter where located

Requirements apply to any foreign-flagged vessels seeking access to port

CCSBT

ICCAT

WCPFC

IOTC

X

O

O

O

No CA

O

O

X

O

O

X

O

Information source: ISSF Technical Report 2021-09 Holly Koehler, page 11

- 278 -

IUU Vessel Listing

9 Holds the flag state accountable 9 Effective tool that complements lack of national actions

IUU Vessel Listing QRPLQDWLRQ

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- 279 -

Issues for further considerations

9 The use of diverse information sources including a third party 9 Improvements in decision making 9 transparency 9 Consistency among RFMOs 9 And what else?

What constitutes IUU fishing

Information source: ISSF Technical Report 2021-02 Claire van der Geest,

- 280 -

Cross listing of IUU lists among t-RFMOs 9 CCSBT, IATTC and IOTC have IUU vessel cross-listing procedures

9 Why Cross-listing?

9 What are the obstacles?

IUU-listed vessels are not allowed to..

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- 281 -

De-listing Requirements

Information source: ISSF Technical Report 2021-02 Claire van der Geest,

Emerging, multifaceted issues

9 Safety of those on board fishing vessels 9 Labor standards for crew on fishing vessels 9 marine pollution 9 Climate change 9 And what else?

- 282 -

Information Source for my presentation

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Questions?

- 283 -

Day 3 | Presentation 3

- 284 -

- 285 -

- 286 -

• World Bank(WB)

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COVID-19 holding back exports/imports but Korea’s distant water fisheries production to maintain previous levels Distant water fisheries development strategy to be developed based on integrated database of Electronic monitoring system i.e., electronic logbook, observer data, FMC monitoring results Korea’s recently developed distant water fishery e-logbook app offers convenience

Need to develop into fishing operation system driven by 4th industrial revolution: Pilot project 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 Source: “A Study on How to Improve Fishing Vessel Workers’ Safety and Rights in accordance with International Law” by Peter Han, et al., 2020; ,.* QSFTFOUBUJPO BU %JTUBOU 8BUFS 'JTIFSJFT 0VUMPPL BOE *TTVFT 4FTTJPO .BSJUJNF 7JTJPO 4FNJOBS CZ +FPOH .ZVOH IXB FU BM

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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. ń Measures underway, i.e., preparation for ratification, safe fishing vessel development

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Korea has taken on challenges and measures against IUU fishing but needs to do more. Response to FAO, ILO, IMO conventions/guidelines particularly important.

Building the legal framework and implementing laws in organic collaboration with relevant organizations critical in fighting IUU fishing – Building capability to bolster execution is important MOF, National Fishery Products 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.

Distant water fisheries: Distant Water Fisheries Development Act amended, measures and actions taken including FMC to meet international standard Korea’s IUU monitoring to be reinforced in littoral sea Must closely work with international community to combat IUU fishing in main waters of operation, i.e., South Pacific, Atlantic, Indian Ocean, Antarctic Ocean as well as waters surrounding Korea Need to share Korea’s experience and efforts in fighting IUU through international cooperation and ODA projects

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*EFOUJGZ GJTI TQFDJFT BOE FWFO NFBTVSF GJTI MFOHUIT XJUI "* UIBU JT DBQBCMF PG WJEFP TDBOOJOH BOE TFMG BOBMZTJT QSPWJEF VTFST XJUI FBTZ UP VTF PQFO QMBUGPSN UP FOTVSF DPTU SFEVDUJPO BOE EBUB DSFEJCJMJUZ $BTF $BUDI GPPUBHF EFUFDUJPO TPVSDF $*7*4*0/

$BUDI TPSUJOH

7JEFP QBUUFSO BOBMZTJT

- 333 -

$BUDI GPPUBHF EFUFDUJPO

- 334 -

Day 3 | Presentation 5

The EU IUU Regulation Overview World Martime University 21 October 2021 Roberto Cesari – Head of Unit DG MARE B4 – IUU Fisheries Policy

- 335 -

IUU fishing – a global problem • IUU fishing has no frontiers and is rapidly evolving • 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 fishing International 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

IUU fishing – the role of the EU • 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

- 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 -

The EU catch certification scheme 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 •

CATCH - Digital transition • Transition from paper catch certificates to digital • Single EU wide IT platform leading implementation in Member States

to

a

more

even

• Allows for risk-focused verifications based on risk analysis • Provides for EU-wide quantity management ensuring that there is not fraudulent use of catch certificates

• Compulsory submission of catch certification scheme data through CATCH by importers foreseen 2 years after adoption of revised legislation (the latter indicatively 2022)

- 339 -

Cooperation with third countries The dialogue process at a glance

Cooperation with third countries The dialogue process

Country

Pre-Identification

Pre-Identification Revoked

Identification

Listing

Delisting

Belize

November 2012

N/A

November 2013

March 2014

December 2014

Cambodia

November 2012

N/A

November 2013

March 2014

Cameroun

February 2021

Comoros

October 2015

N/A

May 2017

July 2017

Curaçao

November 2013

February 2017

Ecuador

October 2019

Fiji

November 2012

Ghana

1.

2.

Kiribati

April 2016

November 2013

March 2014

October 2016

June 2016

Korea

November 2013

Liberia

May 2017

October 2014

November 2013 June 2021

April 2015

1.

November 2012

2.

December 2019

October 2014

Panama

Overview of existing procedures with third countries

October 2015

Papua New Guinea

June 2014

October 2015

Philippines

June 2014

April 2015

Republic of Guinea

November 2012

N/A

Sierra Leone

April 2016

Solomon Islands

December 2014

February 2017

Sri Lanka

November 2012

N/A

October 2014

February 2015

St Kitts and Nevis

December 2014

May 2017

July 2017

St Vincent and Grenadines

December 2014

N/A

Taiwan

October 2015

June 2019

Thailand

April 2015

January 2019

Togo

November 2012

October 2014

Trinidad and Tobago

April 2016

Tuvalu

December 2014

July 2018

Vanuatu

November 2012

October 2014

Vietnam

October 2017

- 340 -

Cooperation with third countries Tangible results in third countries •

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…

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 on:

http://ec.europa.eu/fisheries/iuu

- 342 -

- 343 -

Day 4 | Presentation 1

Ari Gudmundsson Independent Expert, Iceland

WMU-MOF-KMI CAPFISH Project First Workshop 19-22 October 2021 World Maritime University, Malmö, Sweden © Tomas Marshall

Overview of fishing/fisher safety in relation to IUU fishing - 345 -

Outline 2

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 instruments Comparison between cargo ships and fishing vessels Implementation of international instruments on fishing safety - lessons learned by Iceland Conclusions

3

Fishing - the most dangerous occupation in the world 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 Fishers in the UK are 6 times more likely to die than workers in other sectors in the country

- 346 -

Safety culture 4

The fishing industry is characterized by the lack of a safety culture Many factors have led to this, such as: poorly designed and built vessels insufficient education and training poverty

outdated legislation

Regulatory framework and awareness raising can help to establish a safety culture

5

Effects of fisheries management policies on fishing safety Safety to be integrated into fisheries management Open-access fisheries force crews to work long hours & vessels to operate in bad weather 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 Fisheries managers and safety professionals must work together! © Kenfish and Norwegian Society for Sea Rescue

- 347 -

IUU fishing and safety at sea 6

IUU fishing: term to define unauthorized fishing activities Undermines national and regional efforts to conserve and manage fish stocks

One in every 5 fish is coming from IUU fishing Accounts for up to USD 23.5 billion per year Operators, who carry out IUU fishing to maximize profits, are less likely to © Environmental Justice Foundation invest money in safety Reduced IUU fishing will result in improved safety Global safety regime could contribute to the fight against IUU fishing – recognized by FAO COFI

7

Development and implementation of national safety strategies Long-term objective of improved safety/health: Holistic and comprehensive national strategies 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

Participatory approach through consultation with stakeholders to ensure ownership of the process Activities, necessary to develop safety strategies: Accident reporting and analysis Assessment of national needs Ensuring cooperation and coordination at national level

- 348 -

Accident reporting and analysis 8

Prerequisite: A thorough understanding of the nature of safety and the lack of it 1st step: Record the accident according to its primary nature and its primary cause 2nd step: Analyze the accident to explain why and how the problem arose Guidance: MSC/Circ.539/Add.2 FAO/ILO/IMO Implementation Guidelines

FAO Best Practices to Improve Safety at Sea in the Fisheries Sector

9

Available guidance – International instruments In 1960s, FAO, ILO and IMO entered into an agreement to cooperate, acknowledging following respective areas of competence: FAO – fisheries in general ILO – labour in fishing industry IMO – safety of life, vessels and equipment at sea

This cooperation has resulted in several mandatory and voluntary instruments that are now available for fishing vessels of all sizes as well as for their crews

- 349 -

10

Fishing Vesselrelated instruments

X

V

Part B of the Code of Safety

X

V

Voluntary Guidelines

V

Safety Recommendations

V

Implementation Guidelines

X

X

X

ILO Work in Fishing Convention (No.188)

X

X

X

ILO Work in Fishing Recommendation (No.199)

X

X

X

FAO Port State Measures Agreement

X

X

X

M V M

Undecked (all)

Decked < 12 m/

750 kW Decked 12-24 m

Instruments Ļ 2012 Cape Town Agreement

M

X X

Fishing Vessel Personnelrelated instruments

M V V V M V

STCW-F Convention X Document for Guidance on Training and Certification of X Fishing Vessel Personnel Part A of the Code of Safety Safety Recommendations ILO Work in Fishing Convention (No.188) ILO Work in Fishing Recommendation (No.199)

- 350 -

X

X

X

X X

X X

X X X X

Undecked (all)

Decked < 12 m/

Decked 12-24 m

Instruments Ļ

750 kW

Decked 24 m

Voluntary

Application by vessel length and engine power ĺ

Mandatory

11

Decked 24 m

Voluntary

Mandatory

Application by vessel length and engine power ĺ

12

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 One thing in common: port State control/measures (PSC/PSM) 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

13

The IMO Ship Identification Number Scheme Mandatory for merchant ships through SOLAS 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 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 ©Trygg Mat Tracking - 351 -

14

Benefits of binding international instruments - examples Flag States: Recognized safety standards for the national fishing fleet

Port States: Improved safety of foreign-flag vessels entering their port 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

Reduced risks for their SAR services

Market States: Assurance to consumers that conditions for the people, catching their seafood, are safe and decent

15

Comparison between cargo ships and fishing 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 Main reason: Safety issues on fishing vessels of a different nature from those on merchant ships On merchant ships: Most of hazardous operations are carried out in the safety of the port On fishing vessels: Crews must work on open decks, in all weathers, with the hatches open, locating and gathering their cargo from the sea

- 352 -

16

17

Comparison between cargo ships and fishing vessels Cargo ships

Fishing vessels

NUMBER OF VESSELS AND PEOPLE Total number of vessels Total number of people engaged on merchant ships Total number of people killed and missing per year

121 thousand 1.2 million 207

4.6 million 39 million 24 000

BINDING INSTRUMENTS ON THE DESIGN, CONSTRUCTION AND EQUIPMENT Construction Stability Machinery Fire safety Protection of the crew and fisheries observers Life-saving appliances Emergency procedures, musters and drills Radiocommunications Safety of navigation IMO Numbers permanently marked

SOLAS (in force) Load Lines (in force) SOLAS (in force) SOLAS (in force) SOLAS (in force) SOLAS (in force) SOLAS (in force) SOLAS (in force) SOLAS (in force) SOLAS (in force)

CTA (not in force) CTA (not in force) CTA (not in force) CTA (not in force) CTA (not in force) CTA (not in force) CTA (not in force) CTA (not in force) CTA (not in force) N/A

OTHER RELEVANT BINDING INSTRUMENTS Collisions Working and living conditions Prevention of pollution from vessels Control and management of ballast water Training, Certification, and Watchkeeping Prevention of IUU fishing

COLREGs (in force) ILO.188 (in force) MARPOL (in force) BWM (in force) STCW (in force) PSMA (in force)

COLREGs (in force) MLC (in force) MARPOL (in force) BWM (in force) STCW-F (in force) PSMA (in force)

Cooperation and coordination at national level Ways to address fishing safety-related matters Transport/Maritime

Fisheries

Large and small vessels

-

Large vessels

Small vessels

-

Large and small vessels

Attends IMO mtgs not FAO mtgs

Attends FAO mtgs not IMO mtgs

- 353 -

18

Implementation of international instruments on fishing vessel safety – lessons learned by Iceland Fishing - a dangerous occupation due to extreme weather conditions, unsafe vessels, poorly educated and trained crews, insufficient SAR services, etc.

Fishing industry - the backbone of the economy High death toll generally accepted by vessel owners, politicians, general public, and crews Safety culture hardly existing

19

Role of women in improving the situation Wives, mothers and daughters to fishers knew too well the consequences of accidents at sea and called for action to improve fishing safety

1968: the ‘Triple Trawler Tragedy’ led to a safety campaign led by women from Hull, England.

BBC documentary on these events: https://www.youtube.com/watch?v=q6AYAuloI-o - 354 -

20

First attempts by IMO to improve fishing safety Lessons learned from accidents useful for IMO Sub-Committee on Safety of Fishing Vessels Development of a new international convention Adoption of the Torremolinos International Convention for the Safety of Fishing Vessels, 1977, the first international instrument on fishing vessel safety International recognition of this work in 1983

21

Benefits of applying international instruments, such as the 2012 Cape Town Agreement Recognized international standard Improvement of safety at sea Level playing field Better second-hand market for fishing vessels Regulatory framework plays a key role International instruments – the best guidance for the development of national legislation

- 355 -

22

Impact of a new national legislation CTA and its forerunners - the backbone of legislation Considerable reduction in vessel losses, accidents and fatalities

Improved safety culture Several years without any fatal accidents at sea Industry is now attractive to young people, both men and women

23

Conclusions – what flag, port, coastal and market States can and should do 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. 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

- 356 -

24

!˱ ΍ήϜη 陉陉!

Thank you!

Merci! ¡Gracias!

ǿȝȎȟȖȏȜ

- 357 -

Day 4 | Presentation 2

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 Ministry of Transport Spain

Post Doc Researcher CEHINAV Universidad Politécnica de Madrid YOUR LOGO

- 358 -

Presentation topics

Main dimensions L vs GT

Application CTA 2012 Chapters

YOUR LOGO

Page 2

Main Dimensions

Length between perpendiculars (L) and Length overall (LOA)

YOUR LOGO

Page 3 3

- 359 -

Main Dimensions

Tonnage (GT) Indicates the overall size of the ship and it is a function of the moulded volume of ALL enclosed spaces

Net tonnage indicates the useful capacity of the ship

Gross registered tonnage (GRT) represents the total internal volume of cargo vessels (It is a national measure).

YOUR LOGO

Page 4 4

Application of the CTA 2012 Application The equivalence length to tonnage moves the threshold away to larger ships

YOUR LOGO

Page 5 5

- 360 -

Application of the CTA 2012

Regional Implementation 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

YOUR LOGO

Page 6 6

Application of the CTA 2012

Regional Implementation Regional regulations have been amended to include other elements such as AIS, IMO, Number etc…

YOUR LOGO

Page 7 7

- 361 -

CTA 2012

Why do we need this?

CTA 2012 provides minimum design standards and an inspection regime at a worldwide level.

Without this the implementation of a regulatory regime is just to the national administrations, which probably will not have the capacity to develop them

YOUR LOGO

Page 8 8

CTA 2012 CTA 2012 contains 10 Chapters

YOUR LOGO

Page 9 9

- 362 -

CTA 2012 Chapters Chapter I N(new) /(and) E(existing) FV from 24 mL Certificate 4+1 to 5 years - Accident investigation, go to Article 7 - IMSAS doesn’t apply - IMO Number is not required in CTA2012

YOUR LOGO

Page 10 10

CTA 2012 Chapters

Chapter lI. Construction N FV from 24 m L

Steel Water/weathertightness - Lack of Load line assignment Key in the design also for ILO 188 Rec 199

YOUR LOGO

Page 11 11

- 363 -

CTA 2012 Chapters Chapter lII. Stability.

N FV from 24 m L

A.749 (18) Maximum operating draft Ice accretion Damage Stability from 100 m L

YOUR LOGO

Page 12 12

CTA 2012 Chapters

Chapter lV. Machinery and electrical installations, unattended machinery spaces unattended N FV from 24 m L

Includes refrigeration Systems Bilge Pumping Unattended machinery is many times essential

YOUR LOGO

Page 13 13

- 364 -

CTA 2012 Chapters

Chapter V. Fire protection, detection and extinction.

N from 45 m L

IF, IIF, IIIF Requirements below 60 and from 60 m L Key in the design also for ILO 188 Rec 199

YOUR LOGO

Page 14 14

CTA 2012 Chapters

Chapter VI. Protection 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.

YOUR LOGO

Page 15 15

- 365 -

CTA 2012 Chapters

Chapter VII. Life saving appliances and arrangements.

Mainly N from 45 m L (portable VHF provision for N/E from 24 m L)

Standards 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 YOUR LOGO

Page 16 16

CTA 2012 Chapters

Chapter VIII. Emergency procedures, musters and drills.

N/E from 24 m L ISM doesn㼿t apply to FV Safety Culture is a problem in this sector

YOUR LOGO

Page 17 17

- 366 -

CTA 2012 Chapters

Chapter IX. Radiocommunications N/E from 45 m L

Exemption Language as an issue for the operators (GOC)

YOUR LOGO

Page 18 18

CTA 2012 Chapters

Chapter X. Navigational Equipment and Arrangements N/E from 24 m L

SOLAS V vs CTA 2012 No Minimum Safe manning provided in the CTA 2012

YOUR LOGO

Page 19 19

- 367 -

Thank you for your attention

Page 20

mnunez@mitma.es

- 368 -

YOUR LOGO

Day 4 | Presentation 3

WMU/MOF/KMI CAPFISH H PROJECT T WORKSHOP

IUU FISHING AND CRIMES IN THE CARIBBEAN by

Cdr Judy-Ann Neil 19 - 22 October 2021 Malmo, Sweden

- 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 fishing - Fishing 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 -

THE ARCHIPELAGO OF JAMAICA

www.caribbean_general_map.png ww ww w..cca ari r bb bea ean_ n ge n_ ene n ra rall_ma l_ma m p. pp pn ng

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 Tourism Non-lucrative career - 374 -

TRENDS IN FISHERIES IN JAMAICA

23% decline in conch 257% increase in lobster Shrimp industry collapsed

Source: Fisheries Division, Ministry of Industry, Commerce, Agriculture and Fisheries, 2018.

- 375 -

Source: Fisheries Division, Ministry of Industry, Commerce, Agriculture and Fisheries, Fish Fi sher sh erie er ies, ie s, 2018.

201 018.

8.

ReasonsReasons - Competition - Competition Compfrom etitioncheaper ffrom rom cheaper cheaper imported imported fish fish - Rising - energy Rising energy costs Rising e nergy costs costs - Scarcity - Scarcity of red tilapia of red seed tilapia stock seed seed stock stock

Food securityy issue - dependency of imported sseafood eafood - Local fishers vss iinternational nternational m a r ke ts markets

Food security issue - dependency of imported seafood - Local fishers vs international markets

Source: Fisheries Division, Ministry of Source: Source e: Fisheries Division, Ministry Agriculture andCommerce, Fisheries, 2021. of Ind Industry, ndustry, Agriculture and Fisheries, 2018.

- 376 -

6% decrease in value of marine fish 88% decrease in value of aquaculture

Source: Fisheries Division, Ministry of Agriculture and Fisheries, 2021.

FISHING FLEET & FISHERS IN JAMAICA

- 377 -

40% increase in regi isttered d fishers fish hers registered

51% increase in registered fishers

Source: Fisheries Division, Ministry of Agriculture and Source: Source e: Fisheries Division, Ministry of Industry, Commerce, Comm merce,2021.

Agriculture and Fisheries, 2018.

Fisheries,

89% increase in 73% 7 3% iincrease ncrease iin n registered vessels registered vessels

Source: Fisheries Division, Source: : Fisheries Division, Ministry of Ministry of Agriculture and and Industry, Industr try, Commerce, Agriculture Fisheries, 2021.

Fisheries, Fisher ries, 2018.

- 378 -

NEXUS BETWEEN IUU FISHING AND TRANSNATIONAL CRIMES

WEB OF TRAFFICKING AROUND JAMAICA

- 379 -

JAMAICAN CONNECTION – FOREIGN IUU FISHERS VS TRAFFICKERS IUU FISHERS*

DRUGS & ARMS TRAFFICKERS

• • • •

• • • •

Honduras Costa Rica Nicaragua Dominican Republic

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 compressed marijuana • Return with 5 – 10 assorted weapons, ammunition and illegal immigrants

- 380 -

GUNS FOR DRUGS TRADE IN HAITI AND JAMAICA (2021) • 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 lbs Marijuana

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 Haiti - 36.2 kg (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 -

Transnational Crimes

IUU Fishing

THE GATEWAY IUU FISHING Æ FISHING NO LONGER LUCRATIVE Æ 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 TRANSNATIONAL CRIMES • 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 Brigade - Procured additional 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 PSMA • Full Implementation 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 largescale IUU fishing

- 386 -

NOTABLE IUU FISHING CONVICTIONS • 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 -

Day 4 | Presentation 4

Ministry of Security

Argentina

- 389 -

Fighting Ilegal Fishing at Sea in South Atlantic The Argentinian Coast Guard achievements, applied technologies and maritime intelligence

CAPFISH Project – 1st Workshop - WMU – October 2021

Road Map • Argentinian Coast Guard – PREFECTURA NAVAL ARGENTINA • Where?

• Current situation and Best Practices

• Territorial Waters and EEZ

• Previous cases to the Paradigm Shift

• EEZ Outer limit

• INTERPOL coordination experience rience

• EEZ´s Adjacent Zone

• Paradigm shift

• Continental Shelf - Beyond the EEZ

• Recent cases

• How?

• GUARDACOSTAS system

• From the air

• Vessel of interest DATABASE

• From the sea

• Regional Coordination

• From our HQ

• Conclusions CAPFISH Project –

1st

Workshop - WMU – October 2021

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South Atlantic Ocean Argentina

South Atlantic Ocean

CAPFISH Project – 1st Workshop - WMU – October 2021

Argentinian Coast Guard

Functions as:

• Coastal state • Flag State • Port State CAPFISH C AP Project – 1st Workshop - WMU – October 2021

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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

Strategic Planning

Information Management and Outreach

Operational Strategies Design

Data Collection and Technical Analysis

Interdisciplinary Team for the Control of Maritime Spaces and their Resources (EICEMAR) Main goal: contribute to the study and improvement of the control of jurisdictional maritime spaces and their naturals resources

Legal Affairs

Biological and Environmental Research and Information

CAPFISH Project – 1st Workshop - WMU – October 2021

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Where?

According to our competences we act in different maritime spaces: • Territorial waters and EEZ

• EEZ Outer limit • EEZ´s Adjacent zone • Continental Shelf – Beyond EEZ

CAPFISH Project – 1st Workshop - WMU – October 2021 CAPF

Territorial waters and EEZ

Where?

Continental Shelf - Beyond EEZ

EEZ Outer limit CAPFISH Project – 1st Workshop - WMU – October 2021

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EEZ´s Adjacent zone

Territorial waters and EEZ Flag State

Control over national Fleet: Safety of Navigation Environmental Protection Certificates issuance STCW

Coastal State

Fisheries Auxiliary Police

Innocent passage Vessel Traffic Services SAR MEDEVAC

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

CAPFISH Project ecct – 1stt W Workshop orkshop - WMU – October 2021

EEZ Outer limit Mainly as Fisheries Auxiliary Police

Control and surveillance of foreign flagged fishing Vessels

Fishing “illegaly” inside our EEZ (no permit/authorization from our Fisheries Authority) Infringing Federal Fisheries Law

Once detected, they try to escape In violation of Argentine Criminal Code CAPFISH Project – 1st Workshop - WMU – October 2021

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Pay a fine The cargo/catch is confiscated

Pursuit and Detention

EEZ Outer limit Mainly as Fisheries Auxiliary Police Key Points: • More than 500 F/V in the area nearby • Mainly SQUID – ILLEX ARGENTINUS • Between December and May • Lack of AIS on board F/V • The continous presence of our assets is needed • GUARDACOSTAS Systems - Satellite tools CAPFISH Project – 1st Workshop - WMU – October 2021

EEZ´s Adjacent zone

• The activity is LEGAL but not REGULATED

• No Regional Fisheries Management Organization (RFMO) • The High Seas – Flag States regulations • Presumption on poor enforcement of international laws and regulations (labor, documents, crimes, migrations, etc.)

CAPFISH Project – 1st Workshop - WMU – October 2021

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Continental Shelf (Beyond EEZ)

UNCLOS Part VI Article 76

CAPFISH Project – 1st Workshop - WMU – October 2021

Continental Shelf (Beyond EEZ)

First country to present its case to Commission on the Limits of the Continental Shelf (CLCS) CAPFISH Project – 1st Workshop - WMU – October 2021

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Continental Shelf (Beyond EEZ) Argentina Experiences and Challenges April 21, 2009 – Presented the case to the Commission on the Limits of the Continental Shelf (CLCS) considering the formulas and the restrictions March 11, 2016 – The CLCS approved some recommendations

CAPFISH CA APFISH Project Project – 1stt W Workshop orkksho o - WMU – October 2021

Continental Shelf (Beyond EEZ) New Scenario Extended Continental Shelf

Previous EEZ

Only 20% was considered

• Definitive • Obligatory CAPFISH Project – 1st Workshop - WMU – October 2021

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Continental Shelf (Beyond EEZ)

Due to the “extended” Continental Shelf

New Challenges

• Species: SCALLOPS, CRABS, LOBSTERS • Identify vessels that are engaged in fishing or in activities that undermine the sovereignty of our natural resources • This TEAM is working on this issue with the National Institute for Fisheries

Research and Development (INIDEP) CAPFISH Project – 1st Workshop - WMU – October 2021

How?

CAPFISH Project – 1stt W Workshop orkshop - WMU WMU – October 2021

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From the air

CAPFISH Project – 1st Workshop - WMU – October 2021 C

From the sea

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From our HQ

CAPFISH Project – 1st Workshop - WMU – October 2021

Argentinian Coast Guard experience in Fighting IUU Current situation & Best Practices

CAPFISH Project – 1st Workshop - WMU – October 2021

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Current situation Main Fishing Vessels routes: • From Pacific Ocean to Atlantic

ů

30%

• From Europe ů

10%

• From Asia

60%

ů

CAPFISH C APFISH Project Project – 1st W Workshop orkshop - WMU WMU – October 2021

Current situation Foreing Flagged Fishing Vessels Popular Republic of China 84% South Korean 8%

Spain 4%

China Taipei 57 % South Korean 23% NR 13% Spain 5%

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Current situation

CAPFISH Project – 1st Workshop - WMU – October 2021

Current situation Vessels on transit

National Fishing

Foreing Fishing

Fleet

Fleet

CAPFISH C APFISH Project Project – 1stst W Workshop orkshop - WMU WMU – O October ctober 2 2021 021

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Argentinian Coast Guard experience in Fighting IUU From 1983 up to date, 80 F/V arrested

CAPFISH Project – 1st Workshop - WMU – October 2021 C

Previous Cases to the Paradigm shift • April April 03, 03, 2015 2015 - “PREFECTO “PREFECTO D ER DERBES” Cutter detected F/V “LU JIAO NAN YUAN YU 177” • It was fishing inside the EEZ P it started t t d following f ll i the th protocol including warning shoots, but it finished afterr • Pursuit hours to preserve safety conditions • May 27, 2015 - F/V “LU JIAO NAN YUAN YU 178” called Puerto Madryn port carrying an injured crew member from the other ship • As both ships belonged to same fishing company (KINGDAO JINCHENG PELAGIC FISHERY CO LTD), the Maritime Authority imposed a fine as penalty CAPFISH Project – 1st Workshop - WMU – October 2021

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Length: 78 m Breadth: 10 m MMSI: 412331001 Call sign: BCCF

INTERPOL Coordination experience • February 29, 2016 - “THOMPSON” Cutter detected F/V “HUA LI 8” • It was fishing inside the EEZ • Resisted the detention and pursuit was iniciated • Federal Justice notified • The pursuit finished when the vessel entered Uruguayan territorial waters

Length: 68 m Breadth: 11 m MMSI: 412420941 Call Sign: BZU7N

• Federal Justice issued an internacional arrest warrant (INTERPOL) • A month later the vessel went through the Malacca Strait • On April 21, the vessel was detained by the Indonesian Navy – Set to the Federal Justice and paid the corresponding fine CAPFISH Project – 1st Workshop - WMU – October 2021

Paradigm Shift • February 21, 2018 - “MANTILLA” Cut Cutter detected F/V “JING YUAN 626” • It was fishing inside the EEZ • Went through ISLAS MALVINAS

• Escorted by 4 other F/V from same company (N° 608, 628, 616 and 618) • Federal Justice notified • Federal Justice issued an internacional arrest warrant (INTERPOL)

• On May 2018, YANTAI JINYUAN FISHERIES CO LTD – Paid voluntarily the pursuit expenses and a penalty fee.

CAPFISH Project – 1st Workshop - WMU – October 2021

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Length: 74 m Breadth: 12 m MMSI: 422331089

Paradigm Shift • March 1st, 2019 - “MANTILLA” Cutter detected

Length: L ength: 74 74 m B readth: 1 2m Breadth: 12 MMSI: 422331089

(RADAR) F/V “HUA XIANG 801” • It was fishing inside the EEZ • The pursuit iniciated but several times the F/V tried to collide the cutter in order to avoid the capture • The pursuit was cancelled for safety reasons • Federal Justice notified • Federal Justice issued an internacional arrest warrant (INTERPOL) • The company voluntarily paid a penalty fee and other expenses

CAPFISH Project – 1st Workshop - WMU – October 2021

Recent cases • March 03, 2020 - “PREFECTO FIQUE” Cutter (MIRA System) detected F/V “CALVAO” • It was fishing inside the EEZ

• The F/V resisted the arrest.

• The pursuit started and the protocol applied, including warning sshots. hots.

• After 10 hours under pursuit the F/V decided to reduce speed

• The inspection on board was conducted – log book • The crew recognized they were fishing inside the EEZ • The F/V was confiscated and escorted to the port of Bahía Blanca

• Portugal began an investigation CAPFISH Project – 1st Workshop - WMU – October 2021 21 1

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Length: 61,62 m Breadth: 11,70 m MMSI: 263517000 IMO: 7385178 Call sign: CUZD Year: 1977

Recent cases Length: 70,87 m

• April 28, 2020 - “PREFECTO FIQUE” Cutter detected F/V “LU RONG YUAN YU 668” Breadth: 16 m

MMSI: 412569383 IMO: 8775871 Call sign: BCFG6 Year: 2015

• It was fishing inside the EEZ – different numbers • The F/V /V resisted the arrest

• 10 hours later – weather condition started to get worse (wind 40/46 km/h , sea level 4) 4) • In order to preserve the safety of the cutter and the crew the pursuit ceased.

• Later the ship decided to enter Puerto Madryn port and pay the corresponding fine • The international arrest warrant was not issued

CAPFISH Project – 1st Workshop - WMU – October 2021

GUARDACOSTAS System

CAPFISH C APFFISH H Project Pro ojecct – 1st W Workshop orkshop - WMU WMU – Oc October ctob ber 2 2021 021

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GUARDACOSTAS System Data Sources

CAPFISH C APFISH Project Projject – 1stt W Workshop orkshop - WMU WMU – O October ctober 2 2021 021

Information Processing flow

RADAR SAR

CAPFISH Project – 1st Workshop - WMU – October 2021

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Non colaborative ships

SAOCOM

COSMO-Skymed

CAPFISH C APFISH Project Project – 1st W Workshop orkshop - WMU W – October 2021

Vessels of Interest DATABASE (VoID) Our units check the operational situation of the F/V in the nearby area The information is collected and, then, analyzed in our HQ Activities: • Transshipments - Ship to ship operations • Different flags / names • NR flags vessels • Suspicious activities - ships

CAPFISH C APFISS Project – 1st Workshop - WMU – Octoberr 202 2021 21

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Sentinel

Vessels of Interest DATABASE (VoID) Transshipments - Ship to ship operations

Type of ships 60 50

40 30 20 10

0 REEFER

TANQUES

CAPFISH Project – 1st Workshop - WMU – October 2021

Vessels of Interest DATABASE (VoID) Name: HAI GONG YOU 309 Length: 136,7 m Breadth: 21,5 m MMSI: 374734000 IMO: 9153214 Type: Tank

CAPFISH C APFIISH Project Proje – 1st Workshop - WMU – October 2021

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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

Regional Coordination

12 categories

Regional DATABASE

CAPFISH Project – 1st Workshop - WMU – October 2021

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Conclusions ¾ The recognition Argentina´s rights over the CS sets a new scenario and challenges

¾ Research on the resources of the CS should be conducted ¾ Investigate how these resources behave and how can be extracted ¾ Effective Implementation of a new paradigm ¾ New planification on the jurisdictional controls ¾ Regional cooperation became critical of vessels vessels ¾ Thanks to technology developments/innovations/solutions, the physical seize of proved to be illegally fishing inside AEEZ is no longer essential CAPFISH Project – 1st Workshop - WMU – October 2021

Ministry of Security

Argentina Thanks for your attention!!!

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Day 4 | Presentation 5

Tackling IUU fishing and violations of decent work via International Agreements on Fisheries Professor Dr. Laura Carballo Piñeiro

World Maritime University

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Malmö, 22 October 2021

Summary

•

•

•

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

What is sustainability?

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What is sustainability?

Fishing and labour standards •

•

•

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

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Social clauses and free trade agreements

WTO NO

NAFTA 1995 First case

By 2015, 76 FTAs involving 135 countries

Noncompliance

Resistance from developing countries:

Investments versus working conditions World Employment and Social Outlook

• Sanctions • ADR mechanisms

State members

• Compliance and enforcement

Fair competition

• Level the playing field

UNCLOS, art. 62 •

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.

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ILO Recommendation No. 199, Part V •

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.

Multilateral fisheries agreements • •

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

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Multilateral fisheries agreements •

•

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)".

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Multilateral fisheries agreements •

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.

EU sustainable fisheries partnership agreements

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19 Sustainable Fisheries Partnership Agreements First stage (until around 2001)

Second stage

FPAs focused on employment of nationals: - Not all (Comoros, Gabon, Greenland, Mauritius, Santo Tome e Principle) - Those 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

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 Work - Recruitment process - Fisher’s Employment Agreement - Social security rights, including insurance for the event of death or long-term disease or injury - Repatriation - Remuneration - Non-compliance: compensation and even loss/suspension of license

Sea Fishing Sectoral Social Dialogue Committee of 19 December 2001

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.

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Social clause in FPAs with third countries •

•

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.

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. Minimum wage in the flag State at least?

Social clause in FPAs with third countries •

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.

ILO Convention 188 is applied through Directive (EU) 2017/159

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Social clause in FPAs with third countries •

•

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.

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.

Sanctions if lack of compliance with these provisions?

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.

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.

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People. Development. Impact.

Thank you

Thank you for your attention lc@wmu.se

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