Fisheries MCS Activities in Ghana Samuel Quaatey Director, - - PowerPoint PPT Presentation

Fisheries MCS Activities in Ghana

Samuel Quaatey Director, Fisheries Commission

Presentation at ATLAFCO Workshop on Monitoring, Control and Surveillance (MCS), effective tools for combating Illegal, Unreported, and Unregulated (IUU) Fishing Marrakech, Morocco, 27-28 October 2015

Outline

• Legislative framework for MCS in Ghana
• Inter-agency framework for MCS
• Specific MCS tools
• Operational Area/Activities
• Operations
• Prosecutions and Fines
• Lessons learnt in EU dialogue process
• Way Forward

Legislative Framework for MCS

 Fisheries Act 2002 – Act 625 and Fisheries Regulations 2010 – L.I. 1968 – (translated into 5 local languages: Fante, Ga, Dangme, Ewe, Nzema)

• Section 1 of Act 625 establishment of Fisheries Commission: to regulate and manage the

utilization of the fisheries resources

• Section 15 established the Departments including MCS
• Section 94 establishment of the Fisheries Enforcement Unit (FEU) to enforce Fisheries

legislation

• Section 115: Prosecution of Fisheries Cases (Attorney General has designated circuit courts in

the coastal regions to adjudicate fisheries cases)

• Section 116: Fisheries Out of Court Settlement Committees

 Fisheries (Amendment) Act, 2014 (Act 880)

• Clear definition of IUU offences
• Adoption of dissuasive sanctions (Fines of not less than one million United States Dollars and

not more than two million United States Dollars for a first time contravention)

• State discharge international obligations to RFMO

 Fisheries (Amendment) Regulation, 2015 (L.I. 2217)

• Request for landing declaration by fishing vessels 48 hours prior to landing as part of

implementation of Port State Measures.

• Authorized Vessels

Inter-agency framework for MCS

• Fisheries Enforcement Unit (FEU) established (under Section 94 of Fisheries Act) to

undertake Monitoring, Control and Surveillance.

• FEU personnel drawn from the Fisheries Commission, Ghana Navy, Marine Police.
• Supporting institutions include Ghana Air Force, National Security and Attorney

General’s Department, Ghana Ports and Harbours Authority, Customs Division

• Ghana Maritime Authority: implementing the Vessel Traffic Tracking Managment

Program

• Activities of the FEU include
• At-sea patrols,
• Vessel boarding and inspection,
• Observer program
• Beach combing,
• Electronic surveillance (24/7)
• Aerial surveillance (Yet to be deployed)
• Arrests and Prosecution of fisheries infractions
• NGOs: Sustainable Fisheries Management Project, Friends of the Nation; Friends of

the Earth

Specific MCS tools

• Fisheries Monitoring Center (FMC) equipped with VMS, AIS,

Radio communication

• At-sea patrols,
• Quayside inspection,
• Observer Program
• Arrests and Prosecutions
• Beach combing
• Aerial surveillance
• National Plan of Action to combat IUU (2014)
• Fisheries Management Plan (2015-2019)
• Fisheries Inspection Plan (2015)

Operational Area/Activities

Catch Area Vessels Fishing Activities covered

Fisheries Waters

• f

Ghana  All Ghanaian fishing vessels (canoes, semi- industrial vessels, industrial trawlers, tuna vessels and carriers  All foreign fishing vessels licensed to fish in the fisheries waters of Ghana  All foreign unlicensed fishing vessels.  All direct fishing activities  All transhipment activities  All operations involving fish aggregating devices  Fishing by industrial trawlers in the Inshore Exclusion Zone (IEZ)  Fishing by canoes and trawlers around oil and gas platforms, submarine cables and pipelines. Fisheries Waters

• f
• ther

countries All Ghanaian fishing vessels (semi-industrial vessels, canoes, trawlers, tuna vessels and carriers  All direct fishing activities  All transhipment activities  All operations involving FADs High Seas All Ghanaian fishing vessels (trawlers, tuna vessels and carriers  All direct fishing activities  All transhipment activities  All operations involving FADs Port/ Land Area  All Ghanaian fishing vessels (canoes, semi- industrial vessels, industrial trawlers, tuna vessels and carriers  All foreign fishing vessels licensed to fish in the fisheries waters of Ghana  All foreign unlicensed fishing vessels.  All direct fishing activities  All transhipment activities  Fishing activities around

• il

and gas platforms, submarine cables and pipelines.

Operations-Electronic Monitoring

Operations-Sea Patrol

Operations-Land Patrol

Operations-Arrests

Operations-Seized Generators

Operations-Seized Nets

Operations-Out of Court Settlement

Penalties

• Through the Fisheries (Amendment) Act 2014 and

the Fisheries (Amendment) Regulations 2015, Ghana has adopted stringent dissuasive sanctions, consistent with relevant provisions of the UN Convention on the Law of the Sea (Articles 73 and 94), in deterring and eliminating IUU fishing.

• Penalties for IUU-related violations, including repeat

violations, have been significantly increased under the Fisheries (Amendment) Act 2014 and the Fisheries (Amendment) Regulations 2015 as presented below:

Penalties

• A fine of not less than one million United States Dollars and

not more than two million United States Dollars for a first time contravention;

• A fine of not less than two million United States Dollars and

not more than four million United States Dollars for a second contravention and in addition, suspension of any license or authorization issued in respect of the fishing for six months from the date of conviction; and

• A fine of not less than two million United States Dollars and

not more than four million United States Dollars for a third contravention and in addition, revocation of any license or authorization granted in respect of the fishing vessel deletion

• f the fishing vessel from the Ghana Shipping Registry.

Penalties

• Fish processing establishments which export IUU

caught fish and fishery products and undertakes any

• f the activities identified as IUU are liable to

– a fine of not less than one million United States Dollars and not more than two million United States Dollars fora first time contravention; and – for subsequent contraventions, to a fine of not less than two million United States Dollars or five times the value of the export, whichever is greater.

• Uniquely, public officials whose conduct promotes

IUU fishing are equally liable to severe disciplinary measures under the Public Service Regulations

Lessons learnt in EU Dialogue

– Improved the functionality of the MCS. – VMS use as an effective tool for combating IUU – More rigorous surveillance and inspection of fishing vessels – Development of procedures for MCS activities – Improved documentation and reporting – Created the needed awareness amongst all major stakeholders on IUU and improved voluntary compliance – Staff productivity increased as a result of training, logistics and orientation – High publicity for fisheries

Way Forward

– Additional staff capacity through recruitment and secondment. – Increased funding from GOG and IGF sources – Training in maritime law enforcement, MCS procedures, ADR, VMS data gathering and analysis – Completion to the amendment of the Fisheries Act and Regulations – Establishment of SOPs for all key agencies: Fisheries Commission, GMA, GPHA, Ghana Navy, Marine Police, AG, Customs, Immigration and National Security – Increased engagement of stakeholders particularly industry players – Improve coordination and integration of the relevant institutions for PSM (Ghana Navy, Marine Police, Air Force, Attorney General’s, Ghana Maritime Authority, Ghana Ports and Harbours Authority, Customs Division). Aerial Surveillance (Ghana Air Force) – Review fisheries legislation completely to strengthen MCS delivery. – Strengthen links with other fisheries management and enforcement organizations in the West African sub-region and internationally for communication, information sharing and joint exercises.