Final Technical Report - ACP Fish IIacpfish2-eu.org/uploads/projects/id152/FTR_new.pdf · 1 Terms of Reference Annex 6.1 17-19 2 Inception Report Annex 6.2 20-27 3 References: reports,

"Strengthening Fisheries Management in ACP Countries"

Project Funded by the European Union.

“This publication has been produced with the assistance of the European Union. The contents of this publication are the sole responsibility of ”name of the author” and can in no way be taken to reflect the views of the European Union.”

“The content of this document does not necessarily reflect the views of the concerned governments.”

Final Technical Report

“Workshop on Compliance and Enforcement of Fisheries Law for

Enforcement organizations in Saint Lucia.”

Activity Number 2.3

Project No. B11b

Region: Caribbean Country: Saint Lucia

Date: October 18th, 2013

Assignment by: Winston Stephen Mitille

Page 2

TABLE OF CONTENTS

Acknowledgements 3

Abbreviations and Acronyms 4

Executive Summary 1. Background 5-6

2. Approach to the Assignment 6-8

3. Comments on Terms of Reference 8

4. Organization Methodology

4.1 Delivery and Terms of Reference 8-9

4.2 Conduct and details of the Assignment 9

5. Conclusions and Recommendations 10-15

6. Annexes

1 Terms of Reference Annex 6.1 17-19

2 Inception Report Annex 6.2 20-27

3 References: reports, documents, online sites Annex 6.3 28

4 Itinerary, institutions and individuals consulted Annex 6.4 29

5 Workshop Report Annex 6.5

Memorandum of Understanding with Agencies:

6 Veterinary & Livestock Division, MOA with DOF Annex 6.6.1

7 Praedial Larceny Unit, MOA with DOF Annex 6.6.2

8 Water Resource Management Agency with DOF Annex 6.6.3

9 Saint Lucia Fish Marketing Corporation with DOF Annex 6.6.4

10 Key Enforcement Agencies: Annex 6.6.5

The Department of Fisheries, Ministry of Agriculture

The Royal Saint Lucia Police Force

The Customs and Excise Department, Ministry of Finance and

The Soufriere Marine Management Association Inc

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ACKNOWLEDGEMENTS

We the consultants, Mr Winston Mitille & Ms Julia Mitille would like to express our deepest

appreciation to all those persons who participated in the preparation and completion of this

assignment.

The Regional Manager for the Caribbean’s ACP FISH II Programme based in Belize, Ms

Sandra Grant who provided valuable guidance and full support for the project.

We would also like to acknowledge the following persons:

DOF Staff:

Mr Seon Ferrari

Mr Thomas Nelson

Mrs Verl James

Ms Cynthia Labadie and other Staff members

Mr Vaughn Charles – Saint Lucia Fish Marketing Corporation

Ms Janine Compton - Antoine – SMMA Inc

Mr Vincent La Corbiniere – Praedial larceny Unit – MOA

Ms Karen Bernard – Crown Counsel – Attorney General’s Chambers

Dr George Joseph - Division of Veterinary Services – MOA

Staff of the Division of Veterinary Services

Ministry of Agriculture Information Unit Personnel

Customs and Excise Department - MOF

Royal Saint Lucia Police Force

Mr Michael Andrew – Water Resource Management Agency Mrs Farzana Yusuf – Leon - Water Resource Management Agency

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ABBREVIATIONS AND ACRONYMS

Table: 1

DOF Department of Fisheries Customs Customs and Excise Department EEZ Exclusive Economic Zone FAO Food and Agricultural Organization MOA Ministry of Agriculture

Ministry of Agriculture, Food Production, Fisheries and Rural Development

PMU Police Marine Unit CFO Chief Fisheries Officer PLU Praedial Larceny Unit MOU Memorandum of Understanding VLSD Veterinary and Livestock Services Division RSS Regional Security System RSLPF Royal Saint Lucia Police Force SMMA Soufriere Marine Management Area Inc TOR Terms of Reference OCES Organization of Eastern Caribbean States EAC Enforcement Agencies Committee FAC Fisheries Advisory Committee MOHA Ministry of Home Affairs CAMMA Canaries & Anse La Raye Marine Management Area

SLASPA Saint Lucia Air & Sea Ports Authority LEGAL Legal Representative(outside government service) MOF Ministry of Finance MINISTRY OF

SUSTAINABLE

DEVELOPMENT

Ministry of Sustainable Development, Energy, Science and Technology

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Executive Summary

1. Background

Background on DOF

The Department of Fisheries within the Ministry of Agriculture, Food Production,

Fisheries and Rural Development is the government unit charged with the

responsibility for managing the island’s fishing industry. The Unit is governed by the

Fisheries Act Chapter 7.15 revised of the Laws of Saint Lucia December 2005.

The Mission of the Department of Fisheries within the Ministry of Agriculture, Food

Production, Fisheries and Rural Development is:

To promote self-sufficiency through increased production of Marine and Aquaculture

products and to develop the fishing industry and implement measures to ensure its

sustainability. In order to attain this, the following components are highlighted:

Modernization of the fisheries infrastructure and fishing vessels;

The use of improved fishing gear and methods;

Regulation of fishing gear;

Protection of marine biodiversity;

Regulation of other marine based activities so as to mitigate negative impacts on

the fishery sector and ensure the overall educational advancement of fishers;

Development of appropriate fresh water marine aquaculture program

Fishing Industry

Over the past decade there have been significant investments in the establishment of

numerous facilities island wide to accommodate storage and management of the

industry. These developments were made possible through the assistance of financial

and technical contributions from nations such as Canadian, Japanese, Taiwan and

those of the European Union.

The island through the DOF has a registered fleet of seven hundred (700) fishing

boats and two thousand five hundred and sixty six (2,566) fishermen as at December

2012. The island recorded seventeen hundred and eight nine metric tons of fish

landings at a value of $25,283,031,97 in the year 2012. There have been increases

annually in the number of vessels, fishermen, and fish landings.

Purpose of Assignment : Development of MOU(s) with Key Agencies by DOF in

the Fisheries Sector

The Department of Fisheries in an effort to address the problems of non-compliance

have undertaken a number of initiatives including workshops, the preparation of a

Fisheries Enforcement ToolKit and now the establishment of MOU(s) among

authorized Agencies and other strategic partners in the Fishing Industry.

Recently, the ACP Fish II funded a project, for the “Development of a Fisheries

Enforcement Toolkit to build awareness of legal instruments for managing the

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fisheries sector among authorized Enforcement Officers in Saint Lucia”. The project

aimed to compile all the national, regional and international documents related to

fisheries enforcement and to train and build awareness amongst enforcement agencies

and the judiciary. One recommendation of this project was the need for an agency

collaborative approach amongst the various enforcement agencies. This can be

achieved by the formalization of agreements in the form of a MOU signed and agreed

to by the participants of Fisheries Enforcement. The four (4) main authorized

fisheries enforcement agencies, namely the Department of Fisheries (DOF), Customs

and Excise Department, Soufriere Marine Management Area Inc., and the Royal Saint

Lucia Police Force. Further consideration was given to drafting separate MOUs

between: (1) DOF and Veterinary Department, (2) DOF and the Saint Lucia Fish

Marketing Corporation, (3) DOF and Praedial Larceny Unit – MOA. The report also

provided a draft template which could be used however, further work is needed to

develop these MOU(s).

The DOF in an effort to address this challenge has seen the need to act on the

recommendations of the Consultants to formalize the arrangements among key

Agencies and by extension partners in the Fisheries Sector through the establishment

of MOU(s). This the department sees as one of its key strategies of employing a joint

approach in addressing fisheries “Surveillance and Enforcement” in the sector.

The formation of these instruments amongst these agencies would also capitalize on

the limited resources making effective use of what is available.

2. APPROACH TO THE ASSIGNMENT

The assignment will include composition of the following activities:

a. Meetings with Agencies

b. Research

c. Assessment , Analysis and Recommendations

d. Development of the Draft MOUs ,

e. A two (2) Day Workshop which will focus on explaining the content and

development of MOUs as it relates to the Agencies represented.

The following are the agencies targeted for this consultancy:

1. Department of Fisheries (DOF)

2. Customs and Excise -Department Enforcement Unit,

3. Royal Saint Lucia Police Force : Marine Unit and District Police

4. The Soufriere Marine Management Association Inc

5. Saint Lucia Fish Marketing Corporation

6. Praedial Larceny Unit, MOA

7. Veterinary & Livestock Division , MOA

8. Water Resource Management Agency

Materialization of a number of these consultations would have been undertaken by

guidance and findings after these meetings with the DOF and other Fisheries

Page 7

Enforcement Agencies. The following is a breakdown of what obtained with the

approach to the assignment:

Consultants had an initial meeting with representatives of the Department of

Fisheries to discuss the objectives and proposed plan of action to undertake as

well as obtaining feedback for possible adjustments to the project assignment;

Subsequent meetings were also conducted with DOF to update and follow up on

the proposed activities which were to be undertaken by the Department to

successfully complete the assignment.

Meeting were held with representatives of the respective Agencies identified in

the Consultancy to discuss the ways in which each can collaborate, sharing

resources.

Research & Review :

Consultants reviewed The Fisheries Enforcement ToolKit and a number online

documents (listed in references) to guide in the preparation of the presentation and

development of the MOUs to be prepared for the consultancy. Information was

also gathered on some of the Agencies.

Workshop:

The Workshop included participants from the Key enforcement Agencies and

partners in the Fishing Industry. All documents were submitted to the DOF the in

August and the first week of September for follow up action. Report :Annex 6.1

Press Release and Media:

A Press Release was provided the first week of September to the DOF for onward

forwarding to the personnel of the Information Unit of the MOA.

The Information Unit of the MOA covered the opening ceremony of the

workshop.

Other (Content MOU):

Refer to Appendix 6.2 Power Point Presentation in the Workshop Report Annex

6.1.

3. COMMENTS ON TERMS OF REFERENCES

There were no comments from the Consultants on the TOR.

Page 8

The purpose of the assignment was the development of MOUs among Key

Fisheries Enforcement Agencies and partners in the Fishing Industry in Saint Lucia.

4. ORGANISATION AND METHODOLOGY

4.1 Delivery of Terms of Reference (Table: 2) :

The TOR activities of the assignment were completed successfully during the period

September 3 – November 3, 2013 as described in Table 2 following:

Table: 2

Terms of Reference

How delivered through the assignment (has it

been done? Or how has it been met – as a

clear basis for evaluation)

Results of Activities

1

Attend briefing with ACP Fish II Contact

Officer within DOF Mr Seon Ferrari

directly responsible for the coordination

of this project.

20th

August. Meet with Mr Ferrari at this date

since he was expected be out of state from the 1st

September 1st – November 2

nd , 2013

2

The assignment will begin with a review

of the existing fisheries documents and

other related key agencies’ documents;

Review of DOF documents and discussions with

agency representatives; research online for

information on MOUs

3 Consult with the DOF and other agencies

(Police, Customs and Excise, Coast

Guard, Department of Public Prosecution,

Attorney General Office, Magistrate,

Maritime Administration, Veterinary

Department, Health Department, etc.),

and fisher folk;

During the months of September and October,

2013 met with representatives of: DOF,

Customs, RSLPF, SMMA Inc, Veterinary &

Livestock Division, Praedial Larceny Unit,

Attorney General’s Chambers, Saint Lucia Fish

Marketing Corporation and the Resource Water

Management Agency.

4 With assistance from DOF facilitate,

organize and make all logistical

arrangements (meeting venue, travel

arrangements, accommodation (if

required), invitation letters, etc.) for a

workshop with a minimum 2 days,

including lunch and break for 20

participants. The objective of the

workshop is to draft MOU(s) amongst the

relevant agencies. The Workshop will be

held at the DOF, Castries (or a suitable

location identified);

Documents were submitted prior to the

commencement of September and a reminder

email the 9th

September, followed by verbal

follow ups to the DOF.

October 1-2 , 2013 – Completed Workshop held

at the Veterinary & Livestock Division

Conference Room, Balata,

CASTRIES – Met with contact officer

Mr Thomas Nelson & Ms Cynthia Labadie on

dates in September prior to workshop.

Workshop took place 1-2nd

October, 2013.

5 Where necessary arrange follow-up

meetings with different agencies to

finalize the MOU(s);

September and during the month of October

before and following the workshop meetings

took place with all the Agencies involved in the

process.

Page 9

6 Arrangements should be made to invite

the media to the opening session of the

Workshop to develop awareness on these

issues in Saint Lucia;

1st October , 2013 – Completed

Veterinary Conference Room, Balata,

CASTRIES (Ministry of Agriculture

Information Unit – to distribute to media ).

7

Finalize draft MOUs and present to the

DOF;

16th

October, 2013 provided the DOF with

drafts of MOUs.

Reference MOUs: Annex 6 : 6.6.1 - 6.6.5

8

Prepare and submit final report in

accordance with the ACP FISH II

Programme guidelines.

October 18th, 2013 submitted completed Draft

Final Report to Ms Grant – Caribbean

ACP Fisheries 11, Belize

4.2 Conduct and details of the assignment including visibility activities

Photos of Workshop: Workshop Report Annex 6.1, Appendix: viii

5 RECOMMENDATIONS AND CONCLUSIONS

5.1 Recommendations

5.1.1 To get an appreciation of each other’s role in fisheries enforcement: one

day exchange per month among the agencies (field activity)

5.1.2 Establishment of a Database to be accessed by all major agencies

Listing of vessels - violations/owners/dates etc/outcomes of cases:

compounding and court cases

Examples – Databases :

a. GANGSCOPE

b. REX™ IS AGNOVI'S world-class criminal intelligence database

software. Designed specifically for police and law enforcement to

track and investigate criminal organizations, drug rings, gangs,

suspects, offenders, etc REX includes a relational database for

storing structured intelligence data, advanced searching and instant

collaboration. additional REX benefits include ease-of-use,

scalability, attachment support, report generation, multilingual

Page 10

5.1.3 Revisiting the current fines imposed for non compliance and make them

more stringent in the Fishers Act Chapter 7.15, revised Laws of Saint

Lucia 2005. As it now stands there are flaws in the penalties which need to

be addressed urgently.

5.1.4 Activation of the Fisheries Advisory Committee or the establishment of an

Enforcement Agency Committee is highly recommended to add as a

lifeline in support of the MOU Arrangement.

5.1.5 Recommend the MOU be signed at a ceremony to be recorded and

televised on National Television. This would increase visibility of the

Agencies and sensitize the public and partners in the industry to the roles

of the partners within the sector.

5.1.6 There is need for the summary of all the legal instruments to be contained

in one document for easy access, this would complement the Fisheries

Enforcement ToolKit and the MOU arrangement now being established

amongst the Enforcement Agencies.

5.1.7 Suggested new composition of the Fisheries Advisory Committee

Currently - Fisheries Advisory Committee

Fishery Advisory Committee (FAC): Not yet in place and proposed

membership has been adjusted somewhat in the revised legislation

The Fisheries Act and Regulations Chapter 7.15, revised Laws of

Saint Lucia specify a requirement for a Fisheries Advisory Committee

(FAC) comprised of a Chairperson (Permanent Secretary), Secretary

(Chief Fisheries Officer), at least three persons to represent the views of

professional fishermen, and two other persons as the Minister sees fit to

appoint.

Currently, most communications with the fishing industry are channelled

to and from the Chief Fisheries Officer, through the Department’s

extension and resource management personnel.

CFO

CUSTOMS RSLPF SMMA Inc LEGAL SLAPSA PLU FISHER

DOF

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KEY: Representatives

Chief Fisheries Officer CFO 1

Department of Fisheries DOF 1

Customs & Excise Department CUSTOMS 1

Royal Saint Lucia Police Force RSLPF 2

Soufriere Marine Management Association Inc SMMA Inc 1

Legal Representative(outside government service) LEGAL 1

Saint Lucia Air & Sea Ports Authority SLASPA 1

Praedial Larceny Unit PLU 1

Fisher Representative FISHER 1

5.1.8 Other MOU(s) recommended

i. DOF with Public Health Unit - Ministry of Health

ii. DOF with Beaches and Parks Commission

iii. DOF with Solid Waste Authority

iv. DOF with Attorney General’s Chambers

v. DOF with Saint Lucia National Trust and

vi. DOF with Ministry of Physical Planning;

vii. DOF with Fishing Cooperatives

viii. DOF with Ministry of Tourism

ix. DOF with Saint Lucia Tourism Association

5.1.9 Another option for increased personnel to beef up surveillance would be

the reinstatement of the Fisheries Wardens

Reference DOF Document:

Surveillance Activities (1-2a)

1. The Fisheries Wardens are to be assigned surveillance duties by the Fisheries

Officer and will work with other officers and/or the Marine Police/Marine

Management Area officers as specified by the Fisheries Officer.

2. Regular checks of local hotels, restaurants and fish processing/ marketing

establishments are to be conducted by the Fisheries Wardens, along with other

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officers assigned by the Fisheries Officer. A Fisheries Biologist may be

assigned by the Senior Biologist to assist in such checks.

a. On such checks:

The required forms should be taken and used in inspections;

The Food and Beverage Manager and or the purchasing Manager

should be met with and asked to oversee the check.

All possible storage places should be examined.

Any lobsters found should be counted and examined for size, eggs,

evidence of being speared or moulting and individuals weighed and

measured with a DOF Lobster ruler; crayfish found should be counted.

Any illegal lobsters/crayfish found must be sealed in an evidence bag

with the date, establishment name and contents noted on the bag.

The exhibits should be stored in accordance with conditions specified

by the designated officer.

5.1.10 A Recommendation is to make the Port Police Officers employed by the

Saint Lucia Air and Sea Ports Authority (SLASPA) Legal Authorized

Enforcement Officers in keeping with the Fisheries Act & Regulations

Cap.7.15 of the revised Laws of Saint Lucia 2005.

The Mission of the Saint Lucia Air and Sea Ports Authority (SLASPA) is

to maximize air and sea borne traffic and related services through safe and

efficient operations, performed by a highly motivated work force

contributing to the sustainable social and economic development of

Saint Lucia.

The Saint Lucia Air and Sea Ports Authority (SLASPA) was established

by an Act of Parliament in 1983, it is responsible for running the island's

two principal seaports, Castries and Vieux Fort, and the George FL

Charles and Hewanorra International Airports, as well as the smaller

points of entry: Soufriere, Marigot and Rodney Bay Marina.

Operating from modern headquarters in Castries, SLASPA was created out

of the merger of the St Lucia Ports Authority with the Airports Division of

the Ministry of Communications and Works. This merger has created a

unique position for the island by providing avenues to generate initiatives

to maximize the assets held in its name and offer value-added services to

its clientele.

The Saint Lucia Air and Sea Ports Authority is a statutory body of the

government. The Mission of the Port Constabulary is to protect the

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property of the Port at all Ports of Entry. The Port Police Constabulary

consists of a team of properly trained Police who undergo the same

training with the Royal Saint Lucia Police Force Personnel and they also

have the powers of arrest. If they are made Authorized Officers under the

Fisheries Act there would not be a need to have a Person from the Ministry

Stationed at the Ports of Entry. The Port Police Officers are quite capable

of carrying out an investigation and taking a matter before the Court.

5.2 Conclusion

This consultation met with a series of challenges:

5.2.1 Human resource related with DOF which almost resulted in the alternative

suggestion to a workshop proposed by us, the Consultants. The staff which

was made available for assisting had overseas missions and other issues

which did not allow for their availability prior to and through the

arrangements for the workshop. Although the documents were submitted

to the DOF ending of August prior to Mr Ferrari’s departure from the

island with an initial proposed date of the September 24th

-25th

for the

workshop. A resubmission of the documentation was sent September 9th

,

the letters were sent out to the participants by DOF on September 27th

.

During the period prior to the date the letters were sent out verbal and

email follow up was done but the response for the two (2) days to the

proposed October 1st-2

nd looked grim. Through the efforts of Mr Thomas

Nelson who was determined for the workshop to materialize new staff

were assigned to follow up on the letters. Assurance from Agencies were

confirmed with a larger number of persons to attend however the number

was thirty six percent (36%) less to those who actually turned up for the

workshop.

The Chief Fisheries Officer was also on vacation and the technical officers

at work were performing his duties in his absence, as well as that of other

officers absent .

5.2.2 There was also the change in the Head of the Customs Department and

thus far the collaboration is generalised and will be itemised prior to

signing of the document.

5.2.3 Generalization was also done for the Police with the Commissioner being

on vacation leave and his Deputy had limited knowledge on the

arrangement. However the arrangement has the support of the RSLPF.

5.2.4 The Attorney General’s Office was very cooperative and made a

presentation which the consultants felt was necessary to provide

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participants with a wholesome session on MOUs inclusive of the legal

implications. The entire grouping participated in this session even

though that component was directed at the Key Enforcement Agencies.

Numerous contacts with the representative since the presentation on

October 1st for the content of her presentation has met with numerous

promises of emailing document which has not materialized to date.

In concluding, it is hoped the arrangements of the MOUs come into

effect as soon as possible along with the use of the “ToolKit” to

improve the operations within the Fishing Industry. This can further be

enhanced with a summary document being prepared with all the legal

instruments which are totally directed at the Industry and these

instruments which have selected parts directed to the industry.

We wish to thank all those who made it possible for us to secure this

contract.

6. ANNEXES

6.1 Terms of Reference Annex 6.1

6.2 Inception Report Annex 6.2

6.3 References: reports, documents, online sites Annex 6.3

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6.4 Itinerary, institutions and individuals consulted Annex 6.4

6.5 Workshop Report Annex 6.5

6.6 Memorandum of Understanding with Agencies:

i. Veterinary & Livestock Division, MOA with DOF Annex 6.6.1

ii. Praedial Larceny Unit, MOA with DOF Annex 6.6.2

iii. Water Resource Management Agency with DOF Annex 6.6.3

iv. Saint Lucia Fish Marketing Corporation with DOF Annex 6.6.4

v. Key Enforcement Agencies: Annex 6.6.5

The Department of Fisheries, Ministry of Agriculture

The Royal Saint Lucia Police Force

The Customs and Excise Department, Ministry of Finance and

The Soufriere Marine Management Association Inc

TERMS OF REFERENCE Annex 6.1

ACP FISH II – STRENGTHENING FISHERIES MANAGEMENT IN ACP STATES

REGIONAL FACILITATION UNIT CARIBBEAN OFFICE, BELIZE

PROJECT CAR-2.3-B11b

TERMS OF REFERENCE

Page 16

Assignment title Workshop on compliance and enforcement of fisheries law for enforcement organizations in Saint Lucia

Beneficiary

organizations

Saint Lucia

Workplan activity Activity Number 2.3, Project No. B11b

Administrative

Supervisor

RFU Manager and Co-ordination Unit

Technical Supervisors RFU Manager and Saint Lucia Department of Fisheries representatives

Background

information and

rationale

The marine space around Saint Lucia, like many other Caribbean nations, is utilized

extensively in order to provide livelihoods for the coastal communities and a vital source of

protein. Reductions in the banana industry, other economic shocks and the increasing focus

on tourism, the marine resources have been put under increasing pressure. Recognizing the

need for measures to protect marine resources, the Government of Saint Lucia implemented

appropriate policies and management measures to protect and properly manage the marine

and fisheries resources. However, other agencies have to assist with the monitoring, control

and surveillance within the fisheries sector in small island developing states. As there is

some overlap of responsibilities and oversights, it must be documented clearly, so that the

efficacy of the system can be maximised, to realise a well managed sector to allow for

continued development of human resources and build capacity across many agencies,

thereby promoting better working relationships and information sharing.

Recently, the ACP Fish II funded a project, “Development of a Fisheries Enforcement

Toolkit to build awareness of legal instruments for managing the fisheries sector among

authorized Enforcement Officers in Saint Lucia”. The project aimed to complied all the

national, regional and international documents related to fisheries enforcement and to train

and build awareness amongst enforcement agencies and the judiciary. One recommendation

of this project was the need for better collaboration between the various enforcement

agencies. It could be achieved by the formalization of a collaborative effort by the Agencies

through the establishment of a joint MOU, to be signed by the four main authorized fisheries

enforcement agencies, namely the Department of Fisheries (DOF), Customs and Excise

Department, Soufriere Marine Management Area Inc., and the Royal Saint Lucia Police

Force. Further consideration was given to drafting separate MOU between: (1) DOF and

Veterinary Department, (2) DOF and Fish Marketing Corporation, (3) DOF and Praedial

Larceny Unit – MOA. The report also provided a draft template which could be used;

however, further work is needed to decide on the MOUs to be drafted and to finalize and

formalize the MOU arrangements.

Purpose of the

assignment

The purpose of the assignment is to:

1. Analyse cross-sectoral /cross-agencies responsibilities relative to achieving compliance within the fisheries sector; and

2. Conduct workshop with senior officers from various Fisheries Enforcement Agencies to draft and finalized Memorandums of Understanding regarding Fisheries Enforcement

Activities of the

Consultant

The consultant will:

1. Attend briefing with ACP Fish II and the DOF directly responsible for the coordination of this project.

2. The assignment will begin with a review of the existing fisheries documents and other related key agencies’ documents;

3. Consult with the DOF and other agencies (Police, Customs and Excise, Coast Guard, Department of Public Prosecution, Attorney General Office, Magistrate, Maritime Administration, Veterinary Department, Health Department, etc.), and fisherfolk;

4. With assistance from DOF facilitate, organize and make all logistical arrangements (meeting venue, travel arrangements, accommodation (if required), invitation letters, etc.) for a workshop with a minimum 2 days, including lunch and break for 20 participants. The objective of the workshop is to draft MOU(s) amongst the relevant

Page 17

agencies. The Workshop will be held at the DOF, Castries (or a suitable location identified);

5. Where necessary arrange follow-up meetings with different agencies to finalize the MOU(s);

6. Arrangements should be made to invite the media to the opening session of the Workshop to develop awareness on these issues in Saint Lucia;

7. Finalize draft MOUs and present to the DOF; 8. Prepare and submit final report in accordance with the ACP FISH II Programme

guidelines.

Expected outputs a) Draft MOUs with key enforcement agencies

Qualifications and

experience of the

Consultant

This project will be undertaken by a Legal Expert, Fisheries Management Specialist, or Law Enforcement Specialist, with a degree in law (ocean, maritime), maritime affairs or any area related to law enforcement or fisheries management. Specific experience in devising and reviewing fisheries MCS and law enforcement is required. Experience working in the Caribbean and knowledge of the Caribbean fisheries especially will be a distinct advantage. The selected consultant should be able to demonstrate a successful history of consultancy engagements in a field related to this Terms of Reference.

Location and travel Based in Saint Lucia. Travel within country maybe required.

Expected Starting date

and duration

Start date: August 2013

The assignment should be completed within two month of the start of the workshop

Reports

Name of report Content Time of Submission

Inception Report

(IR) Plan of work for the project

No later than 5 days after initial

consultation with the FD

Draft Final

Technical Report

(DFTR)

Description of assignment, achievements,

problems encountered, Workshop and

strategy

Submitted 10 days after the

Validation workshop.

Final Technical

Report (FTR)

Revised DFTR taking into account

comments from the RFU, CU, and

Fisheries Administration

Within 10 days of receiving

comments on the DFTR

Format of Final

Technical Report Format

MS Word Style

Pages numbered

Structure Title Pages, Table of Contents, List of Annexes, List of Tables, List of Figures, List of

Photographs (if appropriate), Abbreviations and Acronyms

Executive Summary (1 to 2 pages)

Body of Report (up to 20 pages)

Conclusions and Recommendations (each recommendation must be preceded by a

conclusion) linked to the main content

Annexes Annex 1 – Terms of Reference

Annex 2 – Programme and people met (including contacts)

Annex 3 – Complete Fisheries Enforcement Toolkit (this will be the standalone

document which may be re-printed in full by the FD)

Other technical outputs as appropriate

Please refer to the ACP Fish II guidelines for reports available at:

http://acpfish2-eu.org/index.php?page=templates&hl=en

Estimated cost EUR.... 9.000

http://acpfish2-eu.org/index.php?page=templates&hl=en

Page 18

Please note that this is a Global price contract already including fees, per diems,

international and national travel expenses and incidentals.

Payment schedule A 30% advance may be paid on the signing of contract to support the operational activities.

The balance will be paid on approval of the Final Technical Report once the Consultant

submits the final invoice together with two copies of the FTR.

INCEPTION REPORT Annex 6.2

Inception Report

Page 19

“Workshop on Compliance and Enforcement of Fisheries Law for

Enforcement organizations in Saint Lucia.”

Activity Number 2.3

Project No. B11b

Region: Caribbean Country: Saint Lucia

Date: September 12, 2013

Assignment by: Winston Stephen Mitille


Logo company

Project Funded by the European Union A project implemented by (Contractor) pg. 20

1. Short Background

a. Introduction

A meeting was conducted with the DOF on the August , 2013 to facilitate Mr

Seon Ferrari, the local representative. The schedule of the other officer(s) did not

permit more representatives however he represented the department. This was to

facilitate his absence from the island during the said project.

The Consultants met with the Fisheries officer Mr Seon Ferrari, the local

representatative to discuss the TOR. The reason for early meeting with Mr Seon

prior to receiving the hard copies of the contract was to discuss the content prior to

his departure for the island for a two (2) month absence commencing September

until the first week in November.

Contact was made with Ms Sandra Grant, ACP Fisheries 11 Representative for the

Caribbean in Belize via email for clarification on an administrative issue.

b. Saint Lucia

Saint Lucia is sovereign island country in the Eastern Caribbean Sea on the

boundary with the Atlantic Ocean. The island is part of the Lesser Antilles. It is

located north/north east of the island of St. Vincent, North West of Barbados and

South of Martinique. It covers a land area of 617 km2 (238.23 sq miles) and has a

population of 174,000 (2010). Its capital is Castries.

Saint Lucia’s Geographic Coordinates: 13.53 N, 060.58 W, Coastline 158km,

Land Mass 606km, Water 10sq km

Saint Lucia’s Maritime Claims: Territorial Seas 12NM, Contiguous Zone 24 NM,

Exclusive Economic Zone 200NM, Continental Shelf 200NM or to the edge of

the Continental Margin.

Saint Lucia is party to the United Nations Law of the Sea 1982 (UNCLOS) and

the International Ship and Port Security (ISPS ) Code.

The marine space around St. Lucia, like many other Caribbean nations, is utilized

extensively in order to provide a livelihood for the coastal communities and a vital

source of protein for it population. With the decline in the Banana production

which was the main foreign exchange earner and the main stay of the economy,

the focus has shifted from Bananas to Tourism. The marine resources have been

put under increasing pressure. The government recognising this has seen the need

to put measures to protect the marine resources and have implemented appropriate

strategies, policies and management measures to protect and properly manage the

marine and fishery resources.

http://en.wikipedia.org/wiki/Castries


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With assistance from ACP Fish II a number of Public Service Announcements

(PSA) were produced and aired using the local electronic and print media to

educate stakeholders on the fisheries regulations relating to lobster, conch,

licensing and registration of (fishers and vessels),

The Fisheries Enforcement Agencies work almost in total isolation of each other

and there is also the disconnect with the Judiciary. This has been and is creating a

challenge to the proper monitoring, control and surveillance in compliance to

fishery management measures as instituted by the government.

The Global economic crisis and it effects which is now being felt by the island

makes it ever so much more important for collaborative approaches to address the

issue of non compliance for fisheries management.

c. Department of Fisheries (DOF)

i. Background on DOF

The Mission of the Department of Fisheries within the Ministry of Agriculture,

Food Production, Fisheries and Rural Development is:

To promote self-sufficiency through increased production of Marine and

Aquaculture products and to develop the fishing industry and implement measures

to ensure its sustainability. In order to attain this, the following components are

highlighted:

Modernization of the fisheries infrastructure and fishing vessels;

The use of improved fishing gear and methods;

Regulation of fishing gear;

Protection of marine biodiversity;

Regulation of other marine based activities so as to mitigate negative

impacts on the fishery sector and ensure the overall educational

advancement of fishers;

Development of appropriate fresh water marine aquaculture program

ii. The Project: Development of MOU(s) with DOF in the Fisheries Sector

The Department of Fisheries in an effort to address the problems of non-

compliance have undertaken a number of initiatives including workshops, the


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preparation of a Fisheries Enforcement ToolKit and now the establishment of

MOU(s) among authorized Agencies and possibly the judiciary.

Recently, the ACP Fish II funded a project, for the “Development of a Fisheries

Enforcement Toolkit to build awareness of legal instruments for managing the

fisheries sector among authorized Enforcement Officers in Saint Lucia”. The

project aimed to compile all the national, regional and international documents

related to fisheries enforcement and to train and build awareness amongst

enforcement agencies and the judiciary. One recommendation of this project was

the need for an agency collaborative approach amongst the various enforcement

agencies. This can be achieved by the formalization of agreements in the form of

a MOU signed and agreed to by the participants of Fisheries Enforcement. The

four (4) main authorized fisheries enforcement agencies, namely the Department

of Fisheries (DOF), Customs and Excise Department, Soufriere Marine

Management Area Inc., and the Royal Saint Lucia Police Force. Further

consideration was given to drafting separate MOU between: (1) DOF and

Veterinary Department, (2) DOF and Fish Marketing Corporation, (3) DOF and

Praedial Larceny Unit – MOA. The report also provided a draft template which

could be used however, further work is needed to develop these MOU(s).

The DOF in an effort to address this challenge has seen the need to act on the

recommendations of the Consultants to formalize the arrangements among key

Agencies and by extension partners in the Fisheries Sector through the

establishment of MOU(s). This the department sees as one of its key strategies of

employing a joint approach in addressing fisheries “Surveillance and

Enforcement” in the sector.

The formation of these instruments amongst these agencies would also capitalize

on the limited resources making effective use of what is available.

2. Comments on Terms of Reference

There are no comments on the Terms of Reference

3. Approach to the assignment (methodology)

a. Consultants will meet with Department of Fisheries to discuss the objectives

and proposed plan of action to undertake as well as obtain feedback for

possible adjustments to the project assignment;

b. In keeping with the TOR of the said contractual project the Consultants will

undertake a Situation analysis of the key Agencies specifically as it relates to

fisheries compliance management measures such as monitoring, control and

surveillance;


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c. Consultants will undertake review of the some Fisheries Documents in

particular government’s policy on the industry;

d. An assessment will be undertaken to determine the capability of each key

enforcement organization and what is available for contributing to this

collaborative move towards the establishment of MOU(s):

i. Department of Fisheries

ii. Customs

iii. Royal Saint Lucia Police Force : District Police and Police marine Unit

iv. Soufriere Marine Management Area

v. Praedial Larceny Unit - MOA

vi. Veterinary Unit - MOA

e. Interviews will be conducted with some other Agencies with direct and indirect

involvement in Fisheries Enforcement with a view to considering establishing

possible MOUs with them.

f. A one (1) two (2) day Workshop with participants of the Authorised

Enforcement Agencies to discuss and draft the MOU(s) to be developed in this

contract;

g. Invitation to the MOA Information Unit for coverage of event and to

disseminate to the media houses in Saint Lucia to create an awareness of

Fisheries Enforcement.

h. A review of the Current documents available by the Agencies which would

assist in the development of the MOU’s ;

i. Discussions will be undertaken with the DOF on the Draft MOU(s) for

finalization of drafting the documents.

4. Set up and members of the Technical Team

i. The DOF’s Focal Person in Saint Lucia, Fisheries Officer Seon Ferrari

who is the local representative for the ACP11 FISH 11 Programme will

be involved via cyberspace as a result of his absence from the island

during the said project.

ii. There will also be collaboration with the various agencies especially

the Police Marine Unit and the Customs Department.


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iii. The Technical team include:

Winston Stephen Mitille – Consultant

Julia J D Mitille – Consultant and

Mr Thomas Nelson (DOF) and other officers as the need arises

in the absence of Mr Seon Ferrari.

5. Proposed work plan (including travel plan of experts)

The following is the breakdown of the major project activities

scheduled to begin in September 2013 and be completed in November, 2013

in keeping with the two (2) months , as stated in the TOR.

Activity Number

Activity

Date of Activity

1. Inception and Work Plan

September 2013

2. Consultations/Meetings

September 2013

3. Preparation and submission of Inception Report

September 2013

4. Review of existing Fisheries documents with relevant stakeholders

September 2013

5. Prepare and Print Consultancy questionnaire in preparation for the meetings with different Agencies considered in the Project

September 2013

6. Design and preparation of the Draft Documents to be used for the workshop on drafting the MOU (s) with Enforcement Agencies and partners in the Fisheries Sector.

September, 2013

7. Facilitate, organise all logistical arrangements for 1 two(2) -day workshop with DOF and Agencies

September 24th and 25th, 2013

8. Finalize the Draft MOU(s) among Agencies

September/ October 2013

9. Design and preparation of Draft Documents October 2013


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for Submission to DOF

10. Prepare and submit Draft Final Technical Report

October 2013

11. Revise and submit Final Technical Report

October 2013

6. Travel

a. Travel will involve a number of locations within the Castries and Gros Islet

districts.

7. Financial statement (brief, if required)

a. The estimated cost of the Project is 9,000 Euro Dollars.

8. Recommendations

I. The MOU(s) to be established as follows:

b. DOF with other key Enforcement Agencies (Customs & Excise, Royal

Saint Lucia Police Force(District & Marine Police), Soufriere Marine

Management Association Inc)

c. DOF with Saint Lucia Fish Marketing Cooperation

d. DOF with Veterinary Unit - MOA

e. DOF with Praedial Larceny Unit – MOA

Other Agencies for consideration include:

f. DOF with Attorney General’s Chambers

g. Saint Lucia Air and Sea Ports Authority

h. DOF with Fishing Cooperatives ( if DOF deems it necessary )

i. DOF with Ministry of Tourism

II. A link be established on all the Websites of all the Fisheries Enforcement

Agencies with DOF. Recommend the DOF establish with a Special Page

which features articles and information for Enforcement Agencies

including the ToolKit,

III. The signatures on the MOU(s) should be positions and not individual. This

would mean the person in the position at the time would sign on behalf of

the Agency.


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IV. The DOF has recommended the Water resource Management Agency be

included in addition to the seven (7) Agencies as per TOR.

V. The DOF has recommended the inclusion of a component featuring

Compounding of Offences in the General Area of the MOU of the major

Enforcement Agencies.

VI. A recommendation be made to the Minister for inclusion of Port Police as

enforcement officers under the Fisheries Act Chapter 7.15, revised Laws of

Saint Lucia, 2005

j. Data base be established for accessibility by the major Fisheries

Enforcement Agencies : Customs & Excise, Royal Saint Lucia Police

Force (District & Marine Police) and the Soufriere Marine Management

Association Inc.


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REPORTS AND DOCUMENTS AND ONLINE SITES CONSULTED Annex 6.3

References

1. http://aspe.hhs.gov/daltcp/reports/mouguide.htm

2. http://www.fao.org/fishery/

3. http://www.admfincs-smafinsm.forces.gc.ca

4. http://idea.usaid.gov

5. http://www.international.emory.edu/about/mou/guidelines.html

6. http://www.malff.com

7. Fisheries Act Chapter 7.15, revised Laws of Saint Lucia 2005

8. Fisheries Enforcement Toolkit

http://aspe.hhs.gov/daltcp/reports/mouguide.htm

http://www.fao.org/fishery/

http://www.international.emory.edu/about/mou/guidelines.html


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ITINERARY, INSTITUTIONS AND INDIVIDUALS CONSULTED Annex 6.4

Inception Meeting with DOF –

Mr Seon Ferrari (Fisheries Officer)

Review TOR

August 20,2013

Department of Fisheries

Mr Thomas Nelson(Biologist)

Questionnaire – contribution of DOF

towards collaborative arrangement ;

Follow up on workshop activities

August 26, 2013

September

9, 23, 27,

2013

Saint Lucia Fish Marketing

Corporation -

Mr Vaughn Charles – Manager

Discuss MOU and current arrangement with

the Department of Fisheries

October 3,2013

Department of Fisheries

Mr Thomas Nelson(Biologist)

Discuss Workshop Logistics via emails

September

9, 26, 2013

Customs & Excise Department

Discuss MOU and contribution of Customs


Contact made prior

to

October 7, 2013

document emailed

for feedback

SMMA Inc

Ms Janine Compton-Antoine –

Manager

Discuss MOU and contribution of SMMA

Inc towards collaborative arrangement ;

Contact made prior

to October 7, 2013

document emailed

for feedback

Participants at Workshop:

RSLPF

Praedial Larceny

Vet & Livestock Division

DOF

Water Resource

Management Agency

Circulated discussed content of MOU to

participants for feedback to acceptance of

content as per discussion at Workshop.

October 2, 2013

(Response were

expected and

received by

October 3, 2013 )

Royal Saint Lucia Police Force

Discuss MOU and contribution of RSLPF


Contact made prior

to October 7, 2013

document emailed

for feedback

Praedial Larceny Unit

Discuss MOU and contribution of SMMA

Inc towards collaborative arrangement ;

October 4, 2013

Water Resource Management

Agency



September 9,

2013

October 9, 2013

Veterinary & Livestock Division



September 30,

2013