Update on combating illegal fishing in Asia

Robert Lee & Simon Funge-SmithFAO Regional Office for Asia and the Pacific

The 16th Asia Regional Partners’ Forum on Combating Environmental Crime (ARPEC) 15th January 2015, United Nations Conference Center (UNCC), Bangkok, Thailand

What is IUU fishing?

• Fishing activities that are carried out in a manner that is inconsistent with, or in contravention of, the conservation and management measures in force for a particular fishery.

• Fishing activities that: – Violates of international laws, bilateral agreements– Violates national laws – Does not fulfil broader responsibilities of States under

the law of the sea to conserve and manage the marine living resources of the high seas

– Does not comply or undermines the management measures of an RFMO . Do not need to be a contracting party

– Is not reported, or is misreported in contravention of international laws and regulations

• Typically includes unregulated fishing where no formal management arrangements exist even though such fishing is often not in contravention of applicable national or international law.

Different forms of IUU in marine fisheries

Who conducts IUU fishing?

• There are IUU activities by small-scale vessels – in their own waters, and in some

circumstances in the EEZs of other States– Incidental IUU activities occasional or

opportunistic activity– Otherwise legitimate commercial fishers

seeking to increase profits

• The serious threat is from regular IUU activity – Under the cover of legal industrial fishing

operations, – Parts of the operation legitimate/legal– Seeking to minimize access fees and costs

and maximize profits – Tax evasion– Industrial fishing operations making no

attempt to legitimize their enterprise – Deliberately set out to conduct IUU fishing

Why should action be taken to combat IUU fishing?• Undermines fishery management

– overfishing, illegal gears, illegal catch, target endangered species

• Non payment of fees– “theft of fish”– loss of economic benefit to the country and legitimate

fishers• Unregulated vessels

– Human trafficking– Slavery– Unsafe/abusive working conditions

• Opens up potential for other forms of trans-national crime particularly smuggling:– Fuel– Narcotics– Migrants, trafficking– Arms– CITES species (shark fin, turtle, shells, etc.)– Contraband

Gaps and omissions and overlap in Legal and Institutional frameworks (1)• Gaps

– Antiquated Laws – IUU not included– Laws only inside of EEZ– Fisheries Department no legal mandate to inspect

• Omission / oversight–IUU fish is not classed as contraband by Customs except CITES species

–No monitoring of transshipment or trade of Illegal fish

–No inspection of fishing boats by Maritime Administration but responsible for registration

–Carrier vessels registered as fishing vessels

–Fisheries issue fishing license but not vessel registry

–Insufficient investment and or coordination between Ministries

How does it look in Asia-Pacific?

• A great deal of international attention is paid to RFMO areas and high seas fisheries– Tuna RFMOs (IOTC, WCPFC) Indian Ocean, Western Central Pacific– High seas drift netting– Toothfish caught in CCAMLR area Commission for Conservation of

Antarctic Marine Living Resources.

• Majority of waters in South East Asia fall under EEZ.– Large scale vessels fishing in artisanal/reserved/closed zones

• Domestic IUU• Use of illegal gear Asian EEZs• Unregistered vessels

– Trans-boundary IUU• Fishing in other countries waters without a license• Trans-shipping of fish out of one EEZ to land elsewhere in contravention of

access agreement• Cheating on access agreements (extra vessels, same markings)

– IUU fish from other regions shipped to Asia for processing (containers)– Movement of CITES (Appendix 1) species

International instruments which support action (1)

• 1982 UNCLOS– gives States sovereign authority to regulate the

terms of entry to internal waters and hence their ports.

• Shipping– IMO port controls on merchant vessels– 1982 Paris MOU on port state controls– IMO technical conventions, global strategy etc.

• Environment– 2001 World Summit on Sustainable Development

outcomes• Fisheries

– 1995 UN fish Stock Agreements (UNFSA)– 1995 FAO Code of Conduct for Responsible

Fisheries– 2001 FAO International Plan of Action to Prevent,

Deter and Eliminate Illegal, Unreported and Unregulated Fishing (IPOA-IUU)

– Certain UNGA fisheries resolutions and FAO COFI decisions

– Port State Measures Agreement

International instruments which support action (2)

• Project SCALE – 1st. International Fisheries enforcement Conference, Feb 2013

• Detect, Suppress and combat fisheries crime• Objectives

– Raise Awareness on fisheries crime– Establish National Environmental Security Task– Needs Assessment of countries– Conduct operations to suppress

• Activities – Strategic plan for Interpol– Develop Fisheries crime working Group– Case study for fisheries crime in West Africa– Enhance and expand International marine enforcement

network– Provide expertise– Conduct operations (regional or commodity sensitive)

http://www.interpol.int/Crime-areas/Environmental-crime/Projects/Project-Scale

Principal legal & institutional actions to combat IUU• Institutional reforms

– Update national legislation– Reform departmental mandates to

actively combat IUU fishing– Improve inter-department cooperation to

control fishing vessels– Vessel registers (national )– Vessel Monitoring Systems (VMS)– Strengthen Flag State controls– Conduct Port State Measures– Catch documentation schemes

Coordination between National AgenciesCustoms, Fisheries & Maritime Transport, Police, Navy

• Harmonize actions for Port Inspections• Push for legislative reform if necessary• Designate focal points• International and Regional Cooperation with other countries’

– Communicate information– Regional Plan of Action – ARPEC has a role to play in raising awareness, advocacy

Port State Measures• International agreement aimed to:

– Block cash flows to IUU fishers and therefore the incentive to engage in IUU fishing

– Makes it difficult for IUU fish to be imported or traded– Makes it difficult for transshipment and trade in

HCFC under the Montreal Protocol – Foreseeable • Status

– Opened for accession• Combat IUU fishing by prohibiting

– Port access– Landing, transhipment, processing– Port services– Sale, trade, purchase, export, import of IUU caught

fish• Combat IUU fishing by enabling

– Seizure, forfeiture of catch– Criminal, civil, administrative proceedings– Cooperation with flag state, RFMOs on enforcement

and deterrence– Cost-effectiveness – compared to aircraft and ships– Integration with health, security, safety controls– Coordinated system of controls

Flag State controls and responsibilities• Ensure no vessels operates without an

authorization• Maintain accurate and up-to-date fishing

vessel register– flag and unique number– Do not register vessels with IUU fishing

history– Cross check with other countries for dual

flagging– Inspect vessels in port for documentation

• Maintain basic control mechanisms on vessels flying flag – Engaging in, or supporting, IUU fishing– includes transport and support vessels

• Develop and maintain a record of fishing vessels including:– past and present names– full beneficial ownership and contact details– history of non-compliance by the vessel– full vessel specifications and safety record

Market Measures• Closely related to the implementation of Port State measures

– Prohibit IUU fish from being imported or traded, by denial of entry to port– Prohibit the trade in illegal HCFCs - Montreal Protocol (Can be considered)

• Large fishing vessels highly dependent on ODS for preservation of products• No refrigeration No fish – HCFC - Trading and transshipping in part and sea• Controls on access to HCFCs sanctions for vessels with illegal fish

• Examples of controls– EU Regulation 1005/2008 on catch certification– Reissued Magnusson-Stevenson Act( USA)– Catch documentation and traceability schemes– Track the fish is probably easier than tracking money

• (cannot hide fish electronically)

Regulating transhipment at sea

• Transhipment outside the territorial sea should be regulated to prevent laundering of catches

• Countries should monitor transhipments

• Establish measures such as:– vessel registers– mandatory notification of intention to tranship – application of VMS

Next Steps• Raise awareness that IUU is an Environmental Crime and is

everybody’s business

• Use the ARPEC forum partners as a vehicle for better coordination to fight IUU

• Advocate within your own agencies for better coordination and filling the Gaps, Omissions and Oversights

• Lobby for reforms and improved legislation

• Define ARPEC’s Role in combating IUU

• Regional meeting on Combatting IUU

Everybody’s seas China, Vietnam, Indonesia, Malaysia, Philippines

China, Japan, Philippines

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