From Curb and FOC to Purple Notice Glimpses from the IUU-history - - PowerPoint PPT Presentation

Norwegian Ministry of Trade, Industry and Fisheries

– – norsk under ”oppsett”.

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”From Curb and FOC to Purple Notice” Glimpses from the IUU-history

The Fourth Global Fisheries Enforcement Workshop San Jose, Costa Rica, 17th – 21st February 2014

Johán H Williams, Specialist Director, Norwegian Ministry of Trade, Industry and Fisheries Chair, FAO Committee of Fisheries (COFI) 2012 - 2014 P resident, North East Atlantic Fisheries Commission

Norwegian Ministry of Trade, Industry and Fisheries

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CUR URB B I.U.U I.U.U and nd F.O.C F.O.C

At FAO/COFI 1999 two new

concepts were introduced - ”Curb IUU” and ”FOC-fishing” Did not have a Clue Never looked back Some Victories Some Sisyfos New Allies

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Nærings- og fiskeridepartementet

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FAO/COFI 1999

• §20 ”…… underlined the important

role RFMOs can play in respect of ……..and illegal fishing”

• §72 ” ….was concerned about

information presented indicating increases in illegal, unreported and unregulated fishing, including fishing vessels flying ”flag of convenience”…… …………………. Several delegations urged that FAO convene a meeting of experts …. followed by a technical consultation that would report to the 24th COFI”

Johán H. Williams. Presidente, FAO/COFI 2012-2014

Nærings- og fiskeridepartementet

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FAO Fisheries Minister Meeting

• March 1999

declared;

”FAO will develop a global plan of action to deal effectively with all forms

• f illegal, unregulated and unreported

fishing, including fishing vessels flying ”flags of convenience” through coordinated efforts by states, FAO, relevant regional …….. as provided in Article iv of the Code of Conduct”

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Nærings- og fiskeridepartementet

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FAST TRACK to IPOA-IUU

May 2000 - Expert Consultation (hosted by Australia) October 2000 and February 2001- Technical Consultation concluded a draft IPOA March 2001 - FAO/COFI adopted the draft; ”International Plan of Action to preventdeter and eliminate illegal, unreported and unregulated fishing” ……..THE IPOA-IUU

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Nærings- og fiskeridepartementet

 Records of authorised vessels

 Records on IUU vessels  MCS (VMS, transhipment and port measures)  Boarding and inspection schemes  Observer programmes  Market related measures

The he IP IPOA OA-IUU IUU - Gu Guid idance nce to RF

• RFMOs

MOs

CANADIAN RESERVATION – an example how fast the tide turns

Nærings- og fiskeridepartementet

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THE (IR)RESPONSIBLE

Flag State duties

The failure of flag States to effectively control the fishing operations of vessels flying their flags is main reason for the problem of IUU fishing. Reliance on the implementation of flag State duties to prevent IUU fishing has proved to be insufficient, and enhanced port State control is thus crucial in combating IUU

• fishing. When it comes to the responsibilities of the flag State, articles 91-94 of

the LOS Convention gives flag States a legal basis to exercise effective jurisdiction and control over ships flying their flag, including fishing vessels. At the core of these duties is the obligation to provide a genuine link between a fishing vessel and the flag State, and a link that makes it possible to exercise effective flag State jurisdiction. The flag State responsibilities concerning fishing vessels on the high seas are spelled out in Part V of UNFSA, which sets

• ut specific obligations which the State must fulfill before allowing its vessels

to conduct fishing operations on the high seas, including in areas under the competence of RFMOs. Although these duties apply to high seas fishing, many States use them as standards relevant to all areas. A flag State should not authorize its vessels to fish unless it is able to exercise effectively its responsibilities in respect of such vessels. The flag State is required to take measures to control its vessels fishing by means of licenses, authorizations or permits, and to adopt regulations that include: the prohibition of fishing without authorization, the prohibition of fishing in contravention of the terms

• f the licenses or permits; the obligation to carry on board the license,

authorization or permit; and the prohibition of fishing without a permit in areas under the national jurisdiction of other States. (Terje Løbach, IUU Fishing in Africa Conference) 2010)

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Norwegian Ministry of Trade, Industry and Fisheries

Port State Measures – Phase I

Expert Consultation IUU 2000 IPOA–IUU 2001 Expert Consultation 2002 Technical Consultation 2004 IMO OECD FAO Ministerial Declaration 2005 Seminars

FAO Model-Scheme 2005

Norwegian Ministry of Trade, Industry and Fisheries

…. Interesting …..

A Problem Area - not a Problem Academic Interesting FAO (Developing Countries) Experts Ministers Declaration Models 2005 the NorthAtlantic Turning Point

Norwegian Ministry of Trade, Industry and Fisheries

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The North East Atlantic Cod Fisheries - Something was wrong

2005/2006 – The Northeast Atlantic Cod Stock was at the brink of collapsing - due to what ? Depletion of the stock would have been a disaster to a number of local communities The development of the stock did not match the reported catch figures. Something was wrong !

Norwegian Ministry of Trade, Industry and Fisheries

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Th The e North rth East t Atlan lantic tic Cod Fis isheries heries - Somethin mething wa was ver ery wr wrong ng

• 2005/2006 – The Northeast Atlantic Cod Stock

was at the brink of collapsing due to IUU fishing

• Based on observations and information

collected from numerous sources it was estimated a Russian IUU fishing on cod of more than 101.000 tons

• The International Council for Exploration of

the Seas (ICES) estimated using other methods the IUU fishing to 166.000 tons that same year

S t a r t i n g p

• i

n t

Norwegian Ministry of Trade, Industry and Fisheries

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Very Very Wrong

S t a r t i n g p

• i

n t

• It was revealed direct ownership in

Russian flagged IUU vessels in a number

• f countries, amongst others Russia,

Spain and Portugal

• In addition it was found direct economic

involvement in trade and production of IUU fish in Norway, Sweden, Denmark, Germany, Netherlands, Morocco, China and others

• A number of countries were identified

having established services assisting in issuing flag of convenience to IUU vessels

Illegal transshipment in the Barents Sea. The fish was then landed in European ports.

Norwegian Ministry of Trade, Industry and Fisheries

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Mobilizing the Masses National, Regional, Global

• Parliament
• Cabinet
• Ministry, Directorate, Research
• Industry
• Public awareness
• Media
• !!!!! Ministry of Finance !!!!!

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Norwegian Ministry of Trade, Industry and Fisheries

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200 006 6 – the he Gro round undbr breakin eaking g Ye Year

Already in August 2006 a Number

• f Actions were taken

Extraordinary mid-year budget-allocation for Directorate of Fisheries and the Coast Guard Policemen and Military Officers were employed Political contact to Russia on all levels, including Prime Minister and Minister of Foreign Affairs Existing control cooperation agreements reviewed and strengthened and new agreements were entered into with Portugal and Lithuania

Norwegian Ministry of Trade, Industry and Fisheries

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200 006 6 – the he Gro round undbr breakin eaking g Ye Year

• even more Actions were taken

Increased effort in the relevant Regional Fisheries Management organizations, NEAFC and NAFO with the purpose of establishing regional schemes to combat IUU New Port State Agreement for the North-east Atlantic was drafted and proposed to the North East Atlantic Fisheries Commission (NEAFC). Increased co-operation with the EU-Commission The issue on IUU fishing was raised in FAO and other UN

• rganizations – addressing the issue and pointing at the

need for a global port state control regime Political awareness was raised through two multilateral minister conferences in Norway addressing IUU Direct political contact taken to all relevant countries

Norwegian Ministry of Trade, Industry and Fisheries

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Fur urther ther Actions tions in in 200 006

 New Legislation was sent Parliament on 30. June 2006. With the Parliamentary approval and the new Port State Control Scheme approved by NEAFC we were authorized by law to;  Demand call to port from all foreign flagged vessels before entering Norwegian harbour  Deny landing in Norway by vessels flagged in states not participating in the RFMOs – this applies both to fishing and to transport vessels  Deny landing by fishing and transport vessels with an IUU record  Deny reloading in Norwegian harbours as well deny oil or

• ther supplies to vessels that have been engaged in IUU

activities  Demand confirmation from the flag state that fish planned to be landed in Norway is fished in accordance with regulations.  Norwegian flagged vessels are not allowed to fish in international waters unless Norway is ember of the relevant RFMO and licenses are issued  Introduce tracing system safeguarding that IUU fish do not enter the Norwegian domestic market  Investigate Norwegian companies economic engagement in IUU related activities  Support financially establishment of contact groups between Norwegian and Russian Fisheries Organizations.

Norwegian Ministry of Trade, Industry and Fisheries

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International Initatives – taken / / planned

 Increased follow-up activities toward Russia related to the annual quota Agreement  Enter into an control agreement with China in order to enable tracing of fish from the Barents Sea  Increase number of joint Norway-Russia inspection teams in European harbours  Decide on a binding Port State Agreement in the North East Atlantic Fisheries Commission (NEAFC) covering all fish from he north-east Atlantic waters. Including the EEZs

 Demanding pre-notification before landing in European harbours and confirmation from flag state that fish to be landed are fished in accordance with regulations

 All European countries establish a control mechanism in their harbours  ban landings from fishing vessels and transport vessels not flagged in NEAFC member states  Promote a binding UN agreement on Port State Control under the FAO  Enter into formal bilateral control agreements with all states where control cooperation are established  Increase and strengthen Norway’s presence in all RFMO we are members

Norwegian Ministry of Trade, Industry and Fisheries

Happy Ending ?

2011/2012 The Joint Norway-Russia Fisheries Commission can for fourth Year in a row increase the Cod quotas IUU catches estimated to be close to zero ! 2013 The Cod Stock size estimated to all-time- high !

Norwegian Ministry of Trade, Industry and Fisheries

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Problem solved – let’s make it an Export-commodity !

• FFA
• PSM Training Courses
• INTERPOL
• NGOs
• Bilateral

Problem exported = Problem solved – like a vessel for scrapping

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Norwegian Ministry of Trade, Industry and Fisheries

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Yo Your ur own wn Gard rden en – stil ill l Clean ean ?

• Were good ≠ Are good !
• The cause is always there !
• Forgetting is not Solving !
• Success is not permanent !
• Might hit back !
• One Hit Wonder ?
• See a tendency to down-scale

effort == problem solved !

• Happy to be ”Big in Japan” ?
• Go back to 2005/2006 – New Deal !

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Back to the mains

Norwegian Ministry of Trade, Industry and Fisheries

Johán H. Williams. Presidente,FAO/COFI 2012-2014

RFMOs

• Measures

Developed and Applied

The NorthEast Atlantic Fisheries Commission(NEAFC) adopted in 2006 a new scheme

• n Port State Control.That scheme goes beyond the

FAO Model Scheme as authorisation to land or tranship shall only be given if the flag State of the vessel confirm in writing that the vessel has caught the fish within a sufficient quota, the quantities have been duly reported, the vessel was authorised to fish within the area of capture and that the presence in that particular area has been verified by VMS data.This action by NEAFC followed the recognition by the members of the organization that the IUU activity in its Convention area was of a magnitude that threatened both fish and fishing communities

Norwegian Ministry of Trade, Industry and Fisheries

ACTION FOLLOWED : The ”Polstar” case

• 18. februar 2014

Tittel på presentasjon 22

Flag: Panama Owner: Korea Charterer/Operator: Dutch

Norwegian Ministry of Trade, Industry and Fisheries

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The EU Regulation demanding Catch Certficates

“COUNCIL REGULATION (EC) No 1005/ 2008, 39 September 2008 establishing a Community system to prevent, deter and eliminate illegal, unreported and unregulated fishing, amending Regulations (EEC) No 2847/93, (EC) No 1936/ 2001 and (EC) No 601/2004 and repealing Regulations (EC) No 1093/94 and (EC) No 1447/1999”

F i r s t

• u

t

The EU Catch Certificate : : developing the Idea further using its Market Strength

Trade barriere ?

Norwegian Ministry of Trade, Industry and Fisheries

United Nation Fish Stock Agreement (UNFSA) Review 2006 2006

The need to take action ref.the ModelScheme

• Flag State Control / Flag State Performance
• Control Transhipment
• Port-State Measures
• Regional Guidelines for Sanctions
• Agree on Trade Measures
• Global Vessel Register

Called for a binding Global Port State Agreement

Norwegian Ministry of Trade, Industry and Fisheries

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Un Unit ited ed Nations tions Ge General eral Assemb sembly ly 2006 6 (res. 61/105)

• 43. Encourages States to initiate, as soon

as possible, a process within the Food and Agriculture Organization of the United Nations to develop, as appropriate, a legally binding instrument

• n minimum standards for Port State

Measures building on the Model Scheme

• n Port State Measures to Combat Illegal,

Unreported, and Unregulated Fishing and the International Plan of Action to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing;

Norwegian Ministry of Trade, Industry and Fisheries

Po Port rt St Stat ate Measures asures - Ph Phas ase II II

• UNFSA Review

Conference 2006

• UNGA Resolution 2006
• COFI 2007
• Expert Consultation

2007

• Technical Consultation

2008/09

Global Agreement 2009 – NOT YET ENTERED INTO FORCE

NEAFC SEAFO GFCM FAO Regional Workshops

Norwegian Ministry of Trade, Industry and Fisheries

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The e Po Port Stat ate e Mea easures res Ag Agree eeme ment nt

Norwegian Ministry of Trade, Industry and Fisheries

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Flag lag St States es and Flags lags of

• f

Con

• nvenience

venience

• Flag State Responsibility
• Flag of Convenience
• States ignoring obligations
• Vessels ignoring regulations
• Canadian initiative
• FAO consultation on
• Flag State Responsibility in respect of IUU
• Rights of the Coastal States to act against

fishing activity that jeopardize sustainable stock management

• Also the right to act outside 200 nm
• First meeting in FAO/Rome December 2010
• Voluntary Guidelines agreed in February 2013
• To FAO/COFI in June 2014

N e x t s t e p

Norwegian Ministry of Trade, Industry and Fisheries

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Flag lag of

• f Con
• nve

venience nience – the ro root

• t

to the Proble lem

“”Freedom of the seas””

Port State Measures – circumvention, Makes the buyer responsible Catch Certificate, Makes the seller responsible Black-listing the Vessel, Creates Flying Dutchmen Follow the Money, Sanction the Owners International Cooperation, Market measures against non-cooperating

Norwegian Ministry of Trade, Industry and Fisheries

–

Black-listing

Today; All relevant RFMO’s have established public records on vessels that have been, or are in IUU activity in their respective convention areas ;; so-called blacklists;

Tittel på presentasjon 30

http://www.neafc.org/blist http://www.nafo.int/fisheries/frames/fishery-iuu.html http://www.ccamlr.org/pu/E/sc/fish-monit/iuu-list- 09.pdf http://www.iccat.int/en/IUU.asp http://www.wcpfc.int/system/files/documents/monitoring-control- and-surveillance-mcs/WCPFC%20IUU% 20Vessel % 20List%20_12%20Dec%2008.pdf

Norwegian Ministry of Trade, Industry and Fisheries

”We We all go go together gether when when we we go go” ? The Norwegians

• mid 90ies black-listed trawlers fishing

unregulated for cod in the BarentsSea

• IDEA; take away second-hand value of

vessel – worked !!!

• and tried to introduce the method in

RFMOs / FAO

Another example how fast the Tide turns

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Norwegian Ministry of Trade, Industry and Fisheries

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IUU Vessel Lists Introductions

NAFO 1999 -  CCAMLR 1999 -  2000 -  2002 -  Kobe 2007 IPOA – IUU 2001 - 

UNGA Resolutions UNFSA Review Conference Ministerial Declarations

All RFMOs

Norwegian Ministry of Trade, Industry and Fisheries

Transhipm nshipment ent at Sea - A Majo jor r Gl Glob

• bal

al Challenge llenge

Norwegian Ministry of Trade, Industry and Fisheries

http://www.regjeringen.no/upload/FKD/Vedlegg/Rapporter/2010/Trade_Flow_Sur vey_revised_public_version.pdf more than fish

Norwegian Ministry of Trade, Industry and Fisheries

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Mor

• re

e than than Fis isherie heries s Management nagement

Illegal, unreported and unregulated

• Illegal = criminal activity
• Unreported and unregulated =

management problem

• The term IUU-fishing consists of criminal

and non-criminal issues.

• The criminal aspect of IUU have,

traditionally, been less focused on than the management problem of IUU-fishing.

Norwegian Ministry of Trade, Industry and Fisheries

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IU IUU U fis ishing hing – Bi Big g busi siness ness – Se Seve vere re con

• nsequ

sequence ences

• Global financial losses up to

23,5 billion US dollars per year

• Food security
• Over-fishing on target stocks
• Loss of revenue
• Creates a black market for

illegally caught fish

• Distorts markets

Norwegian Ministry of Trade, Industry and Fisheries

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Owne ners rship hip and nd Cont ntrol rol

• f Ship

hips s and nd Comp mpanies anies

From OECDs report ”Ownership and control of ships” From the perspective of the ship registering process, the most important single feature that facilitates anonymity of individuals is the ability of corporations to be registered as owners of vessels.

Norwegian Ministry of Trade, Industry and Fisheries

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Th The e Uni nitedNations tedNations Gen en.Ass .Assembly embly Fis isheries heries Re Resolut

• lution

ion 2008

Norwegian Ministry of Trade, Industry and Fisheries

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Mon

• ney

ey la laundering ndering

Existence of tax havens and other non-cooperative practices, which may provide IUU operators with low tax, secrecy, flag of convenience and significantly reduce the cost of risk.

There is an intimate relationship between ”tax havens” and ”flags

• f convenience countries”.

The proceeds of illegal fishing are being laundered by the use of financial instruments provided by tax havens.

Norwegian Ministry of Trade, Industry and Fisheries

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IU IUU U – Fi Fishing hing Organize ganized Crim ime Con

• nnect

nections ions

Illegal, unreported and

unregistered fishing is a major global problem. Seafood worth billions of dollars is being harvested illegally annually. In the Fisheries resolutions of 2008 and 2009 the UN General Assembly: “Notes the concerns about possible connections between international

• rganized crime and illegal fishing

in certain regions of the world.”

Norwegian Ministry of Trade, Industry and Fisheries

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• 36. International environmental crimes can be defined

as including a range of offences and can be divided into two broad categories: (a) trafficking in natural resources, including wildlife and timber (this includes illegal logging); illegal, unregulated and unreported fishing; and the illegal exploitation of and trafficking in minerals and precious stones; and (b) trafficking in

• zone-depleting substances and dumping, illegally

transporting and trafficking in hazardous waste. The transnational nature of environmental crime, the established involvement of organized criminal groups and the governance failures that often sustain related forms of criminality make such crime highly relevant in terms of the UNODC Mandate

5th

th Conference

nce of the e Pa Parti ties es to the Unite ited d Nation ions Co Conve ventio tion n against inst Transn snational ational Organiz nized ed Crime

Norwegian Ministry of Trade, Industry and Fisheries

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Drug g Trade rade and IU IUU

“It may be that in some theatres the purchase of IUU fishing vessels is used as a means of disposing of money from other illegal operations, such as drugs. Indeed, although wildlife crime (including IUU fishing) was until recently thought to be

• pportunistic rather than
• rganized, there is evidence that

it is now much more organized.”

Fish piracy, Combating Illegal, Unreported and Unregistered fishing Published by OECD (2004)

• 18. februar 2014

Tittel på presentasjon 42

Johán H. Williams. Presidente,FAO/COFI 2012-2014

Norwegian Ministry of Trade, Industry and Fisheries

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“The maritime shipments tend to involve large commercial fishing or freight “mother ships”, often specially modified for cocaine storage. These same ships are likely to ply the

• ther maritime routes to Europe.”

“These ships discharge their cargo at sea to fishing vessels from the West African coast. According to Europol, the crews

• f these smaller vessels are West African, with Spanish or

South American “controllers”.”

UN Office on Drugs and Crime (UNODC)

Drug g Trade rade

Norwegian Ministry of Trade, Industry and Fisheries

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Dr Drug g Trade rade

• One tonne

cocain hidden within frozen sharks destined from Ecuador to USA in june 2009.

• The sharks

were finned and probably sold separately.

Source: UNODC

Norwegian Ministry of Trade, Industry and Fisheries

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Drug g Trade rade

“It’s a business worth around R1.5 billion a year, run by International syndicates linked to a world of drugs, corruption and murder and its been going on for nearly two decades.”

Norwegian Ministry of Trade, Industry and Fisheries

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Hum uman an tra rafficking ficking

• 13. April 2010 the

police in Costa Rica saved 36 victims of human trafficking from two illegal fishing vessels.

• The victims were

from Vietnam, Indonesia, Philippines, Taiwan

• g China.

How address . Good at basics

Norwegian Ministry of Trade, Industry and Fisheries

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Elements of effective Fisheries Control

• Document control is not enough
• Documents must be controlled against

actual catch

• Physical control at sea
• Catch log book and catch reports

against content in cargo room

• Physical control at landing
• Catch log book and sales note against

landed catch

• Post sales audit of producers
• Control of amount of purchased raw

material against amount of sold produce

Norwegian Ministry of Trade, Industry and Fisheries

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Sanctions

It is important to be able to react Swiftly and effectively when violations are uncovered:

• Criminal prosecution
• Administrative sanctions

(confiscation of catch value) (withdrawal of license) (serious fines)

• Blacklisting

Norwegian Ministry of Trade, Industry and Fisheries

Impor portant tant Element ements s in in a comprehensive mprehensive Fis isheries heries and nd Fis ish- Re Resour

• urce

ce Management nagement Syst stem em

Research

• Institutes of

Fisheries and Marine Research Regulations

• Ministry of

Fisheries,

• Directorate of

Fisheries

• Other relevant

authorities

MCS

• Coast Guard
• Directorate of

Fisheries Police Other bodies Industry Sanctions

• Prosecuting

authority

• Court of law
• Administrative
• sanctions

cooperation

National, regional, global

Developing tools

Norwegian Ministry of Trade, Industry and Fisheries

• 190 countries
• Established a Fish Crime Working Group

– Sub 1 Intelligence and Operation – Sub 2 Capacity Building

• Combat transnational organized

fisheries crime

• National Point of Contact (NPC)
• Related to objects, crime activity

Morning rning Paro role; le; ”Let’s go go get them befor fore they ey get us us”

Norwegian Ministry of Trade, Industry and Fisheries

International Monitoring, Control and Surveillance Network

• More than 50 countries
• Secretariat in Washingston DC
• Informal organization
• Encourage cooperation between

enforcement bodies

• Capacity building

Norwegian Ministry of Trade, Industry and Fisheries

Global cooperation MCS Network INTERPOL FAO UNODC Regional cooperation (RFMOs) National cooperation (as FFA in Norway)

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