Working together to combat I UU fishing to ensure the sustainability - - PowerPoint PPT Presentation

Speaker:

Fábio H. V. Hazin (fabio.hazin@depaq.ufrpe.br; fhvhazin@terra.com.br) Departamento de Pesca e Aqüicultura/ UFRPE- Associate Professor COFI / FAO/ UN Chair

Universidade Federal Rural de Pernambuco, Brazil Fisheries and Aquaculture Department

Working together to combat I UU fishing to ensure the sustainability of world fish stocks: the role of COFI / FAO

What is COFI/FAO?

The FAO Committee on Fisheries (COFI) was established as a subsidiary body of the FAO Council, at the Thirteenth Session

• f the FAO Conference, in 1965.

A bit of history…

The Committee held its First Session in 1966, and thereafter annually until 1975, when the sessions begun to be held

• biennially. So far, the Committee has held 31 sessions, the

last one in June 2014. The next one will be held in 2016. Since its foundation, COFI has been the only global inter- governmental forum where the major international fisheries and aquaculture problems and issues are examined and addressed, in a world-wide basis. COFI has also been the main forum in which global agreements and instruments related to fisheries and aquaculture are negotiated.

What is COFI/FAO?

Lester Bowles Pearson presiding at a plenary session of the founding conference of the United Nations Food and Agriculture Organization, in Quebec, in October 1945

A bit of history…

Composition of participants

• f COFI 31 (2014)

66% 3% 2% 11% 18% COFI Members and Associate Members Observers from FAO Members and Holy See Observers from UN Agencies Observers from IGOs Observers from NGOs

110 countries, 350 participants 27 NGOs, 96 participants

Over 600 participants!

World coverage of the participation

Participation by COFI Members (number of delegations)

20 40 60 80 100 120 140 18 19 20 21 22 23 24 25 26 27 28 29 30 31

COFI Sessions Number of Delegations

What are the tasks of COFI/ FAO?

 To review the work programs of FAO in the field of fisheries

and aquaculture and their implementation;

 Subcommittee on Fish Trade (1985)  Subcommittee on Aquaculture (2001)  To conduct periodic general reviews of international fishery

problems and examine possible solutions through national, FAO, and intergovernmental programmes;

 To review specific matters relating to fisheries referred to it

by the FAO Council or the Director-General, or at the request of Member Nations, and make recommendations as appropriate.

What COFI/FAO has done to combat IUU Fishing?

 1982 United Nations Convention on the Law of the Sea (167 Parties)

 Entered into force in November, 1994.  Article 94- Duties of the flag State  Article 118- Cooperation of States in the conservation and management of living resources  Article 218- Enforcement by port States

 1992 The I nternational Conference on Responsible Fishing (Cancun)

 The Declaration of Cancún

 1992 United Nations Conference on Environment and Development

 Agenda 21/ Chapter 17- Protection of the oceans, all kinds of seas, including enclosed and semi-enclosed seas, and coastal areas and the protection, rational use and development of their living resources  Sustainable use and conservation of marine living resources of the high seas;  Sustainable use and conservation of marine resources under national jurisdiction;  Strengthening regional and international cooperation and coordination;  UNGA Resolution 47/ 192, December 22, 1992  United Nations Conference on Straddling Fish Stocks and Highly Migratory Fish Stocks

Some background:

 1995 Agreement for the implementation of the provisions of UNCLOS relating to the conservation and management of straddling fish stocks and highly migratory fish stocks: The New York Agreement, UNFSA (82 Parties)

 Entered into force in December 11, 2001.  Part VI - Compliance and Enforcement.

• Art. 19- Compliance and enforcement by the flag state
• Art. 20- I nternational cooperation in enforcement
• Art. 21- Subregional and regional cooperation in enforcement
• Art. 22- Basic procedures for boarding and inspection pursuant to article 21
• Art. 23- Measures taken by a Port State

What COFI/FAO has done to combat IUU Fishing?

 1982 United Nations Convention on the Law of the Sea (167 Parties)

 Entered into force in November, 1994.  Article 94- Duties of the flag State  Article 118- Cooperation of States in the conservation and management of living resources  Article 218- Enforcement by port States

 1992 The I nternational Conference on Responsible Fishing (Cancun)

 The Declaration of Cancún

 1992 United Nations Conference on Environment and Development

 Agenda 21/ Chapter 17- Protection of the oceans, all kinds of seas, including enclosed and semi-enclosed seas, and coastal areas and the protection, rational use and development of their living resources  Sustainable use and conservation of marine living resources of the high seas;  Sustainable use and conservation of marine resources under national jurisdiction;  Strengthening regional and international cooperation and coordination;  UNGA Resolution 47/ 192, December 22, 1992  United Nations Conference on Straddling Fish Stocks and Highly Migratory Fish Stocks

Some background:

 1995 Agreement for the implementation of the provisions of UNCLOS relating to the conservation and management of straddling fish stocks and highly migratory fish stocks: The New York Agreement, UNFSA (82 Parties)

 Entered into force in December 11, 2001.  Part VI - Compliance and Enforcement.

• Art. 19- Compliance and enforcement by the flag state
• Art. 20- I nternational cooperation in enforcement
• Art. 21- Subregional and regional cooperation in enforcement
• Art. 22- Basic procedures for boarding and inspection pursuant to article 21
• Art. 23- Measures taken by a Port State

 2002 World Summit on Sustainable Development  Johannesburg Declaration on Sustainable Development

• 31. To achieve sustainable fisheries, the following actions are required:

(a) Maintain or restore stocks to levels that can produce MSY aiming at achieving these goals for depleted stocks on an urgent basis and where possible not later than 2015; (d) Urgently develop and implement national and, where appropriate, regional plans of action, to put into effect the FAO international plans of action, in particular the IPOA

• n Fishing Capacity, by 2005, and the IPOA on IUU Fishing, by 2004. Establish

effective monitoring, reporting and enforcement, and control of fishing vessels, including by flag States, to further the IPOA on IUU Fishing; (f) Eliminate subsidies that contribute to illegal, unreported and unregulated fishing and to

• vercapacity (...).

 2012 World Summit on Sustainable Development (Rio + 20)  The Future we want

• 113. We also stress the crucial role of healthy marine ecosystems, sustainable fisheries and

sustainable aquaculture for food security and nutrition and in providing for the livelihoods

• f millions of people.
• 170. We acknowledge that IUU fishing deprive many countries of a crucial natural resource

and remain a persistent threat to their sustainable development. We recommit to eliminate illegal, unreported and unregulated fishing as advanced in the Johannesburg Plan of Implementation, and to prevent and combat these practices

 2002 World Summit on Sustainable Development  Johannesburg Declaration on Sustainable Development

• 31. To achieve sustainable fisheries, the following actions are required:

(a) Maintain or restore stocks to levels that can produce MSY aiming at achieving these goals for depleted stocks on an urgent basis and where possible not later than 2015; (d) Urgently develop and implement national and, where appropriate, regional plans of action, to put into effect the FAO international plans of action, in particular the IPOA

• n Fishing Capacity, by 2005, and the IPOA on IUU Fishing, by 2004. Establish

effective monitoring, reporting and enforcement, and control of fishing vessels, including by flag States, to further the IPOA on IUU Fishing; (f) Eliminate subsidies that contribute to illegal, unreported and unregulated fishing and to

• vercapacity (...).

 2012 World Summit on Sustainable Development (Rio + 20)  The Future we want

• 113. We also stress the crucial role of healthy marine ecosystems, sustainable fisheries and

sustainable aquaculture for food security and nutrition and in providing for the livelihoods

• f millions of people.
• 170. We acknowledge that IUU fishing deprive many countries of a crucial natural resource

and remain a persistent threat to their sustainable development. We recommit to eliminate illegal, unreported and unregulated fishing as advanced in the Johannesburg Plan of Implementation, and to prevent and combat these practices

Goal 14: Conserve and sustainably use the oceans, seas and marine resources  By 2020, effectively regulate harvesting and end IUU fishing (…)

2015

What COFI/FAO has done to combat IUU Fishing?

 1993 FAO Compliance Agreement (40 Parties)

 ARTI CLE I I I - Flag State Responsibility

What COFI/FAO has done to combat IUU Fishing?

 1993 FAO Compliance Agreement (40 Parties)

 ARTI CLE I I I - Flag State Responsibility

2015: 20 years of the Code!

 1995 Code of Conduct For Responsible Fisheries

What COFI/FAO has done to combat IUU Fishing?

 1993 FAO Compliance Agreement (40 Parties)

 ARTI CLE I I I - Flag State Responsibility

 1995 Code of Conduct For Responsible Fisheries  1999 23rd COFI Report:

 §20 ”…underlined the important role RFMOs can play in respect of (...) 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. 8.2.7 Flag States should take enforcement measures in respect of fishing vessels entitled to fly their flag which have been found by them to have contravened applicable conservation and management measures, including, where appropriate, making the contravention of such measures an offence under national legislation. Sanctions applicable in respect of violations should be adequate in severity to be effective in securing compliance and to discourage violations wherever they occur and should deprive offenders of the benefits accruing from their illegal activities. Such sanctions may, for serious violations, include provisions for the refusal, withdrawal or suspension

• f the authorization to fish.

What COFI/FAO has done to combat IUU Fishing?

 2001 24th COFI

International Plan of Action to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing (IPOA-IUU)

2015: 15 years of the IPOA-IUU!

 2001 FAO I nternational Plan of Action to Prevent, Deter and Eliminate I llegal, Unreported and Unregulated Fishing (I POA–I UU).

 Port State Measures (13 articles, Arts. 52 to 64)  2002- FAO Expert Consultation to Review Port State Measures to Combat I llegal, Unreported and Unregulated Fishing  2004- FAO Technical Consultation to Review Port State Measures to Combat I llegal, Unreported and Unregulated Fishing  2005- FAO Model Scheme on Port State Measures to Combat I llegal, Unreported and Unregulated Fishing

Phase I

The Port State Measures Agreement The Background

 2001 FAO I nternational Plan of Action to Prevent, Deter and Eliminate I llegal, Unreported and Unregulated Fishing (I POA–I UU).

 Port State Measures (13 articles, Arts. 52 to 64)  2002- FAO Expert Consultation to Review Port State Measures to Combat I llegal, Unreported and Unregulated Fishing  2004- FAO Technical Consultation to Review Port State Measures to Combat I llegal, Unreported and Unregulated Fishing  2005- FAO Model Scheme on Port State Measures to Combat I llegal, Unreported and Unregulated Fishing

(22 Parties x 25 to enter into force…)

The Port State Measures Agreement The Background

 2001 FAO I nternational Plan of Action to Prevent, Deter and Eliminate I llegal, Unreported and Unregulated Fishing (I POA–I UU).

 Port State Measures (13 articles, Arts. 52 to 64)  2002- FAO Expert Consultation to Review Port State Measures to Combat I llegal, Unreported and Unregulated Fishing  2004- FAO Technical Consultation to Review Port State Measures to Combat I llegal, Unreported and Unregulated Fishing  2005- FAO Model Scheme on Port State Measures to Combat I llegal, Unreported and Unregulated Fishing  2007- FAO Expert Consultation to Draft a Legally-binding I nstrument on Port State Measures  2008- FAO Technical Consultation to draft a legally binding Agreement on Port State Measures to Prevent, Deter and Eliminate I llegal, Unreported and Unregulated Fishing (4 sessions) 2009- FAO AGREEMENT ON PORT STATE MEASURES TO PREVENT, DETER AND ELI MI NATE I LLEGAL, UNREPORTED AND UNREGULATED FI SHI NG

Approved by FAO Conference on November 22, 2009, in accordance with Article XI V, paragraph 1, of the Constitution of FAO (22 Parties x 25 to enter into force…) Phase I Phase I I

The Port State Measures Agreement The Background

 2001 FAO I nternational Plan of Action to Prevent, Deter and Eliminate I llegal, Unreported and Unregulated Fishing (I POA–I UU).

 Port State Measures (13 articles, Arts. 52 to 64)  2002- FAO Expert Consultation to Review Port State Measures to Combat I llegal, Unreported and Unregulated Fishing  2004- FAO Technical Consultation to Review Port State Measures to Combat I llegal, Unreported and Unregulated Fishing  2005- FAO Model Scheme on Port State Measures to Combat I llegal, Unreported and Unregulated Fishing  2007- FAO Expert Consultation to Draft a Legally-binding I nstrument on Port State Measures  2008- FAO Technical Consultation to draft a legally binding Agreement on Port State Measures to Prevent, Deter and Eliminate I llegal, Unreported and Unregulated Fishing (4 sessions) 2009- FAO AGREEMENT ON PORT STATE MEASURES TO PREVENT, DETER AND ELI MI NATE I LLEGAL, UNREPORTED AND UNREGULATED FI SHI NG

Approved by FAO Conference on November 22, 2009, in accordance with Article XI V, paragraph 1, of the Constitution of FAO (22 Parties x 25 to enter into force…)

The Port State Measures Agreement The Background

 2009 28th COFI

• 70. Noted, with appreciation, the preliminary work on the development of Flag State

Performance Criteria, through a workshop held in Canada in March 2008, which also encompassed assessing flag State performance and taking action if criteria were not met. As agreed in paragraph 71 of the Report of the twenty-seventh session of COFI, an Expert Consultation will be held (June 2009). The Committee agreed that this meeting should be followed by a Technical Consultation on “flag State performance”.

 2007 27th COFI

 71. A number of Members spoke about irresponsible flag States. Many Members suggested

the need to develop criteria for assessing the performance of flag States as well as to examine possible actions against vessels flying the flags of States not meeting such

• criteria. An expert consultation was proposed. Subject to the availability of funds, FAO

was requested to further consider this possibility.

 2014 31st COFI

 The FAO Voluntary Guidelines for Flag State Performance

The FAO Voluntary Guidelines for Flag State Performance

June 2009

 Expert Consultation on Flag State Performance

May 2011 + March 2012 + February 2013

 Technical Consultation on Flag State Performance

 2014 31st COFI

 The FAO Voluntary Guidelines for Small Scale Fisheries

GLOBAL RECORD OF FI SHI NG VESSELS REFRI GERATED TRANSPORT VESSELS AND SUPPLY VESSELS (GLOBAL RECORD)

2005 Ministerial Declaration

 The 2005 Rome Declaration on IUU Fishing adopted by the Ministerial Meeting on Fisheries,

including a key recommendation to develop a comprehensive global record of fishing vessels within FAO, including refrigerated transport vessels and supply vessels,

2006 FAO Feasibility Study

 It assessed the feasibility and viability of FAO undertaking the development and maintenance

• f a global record.

2007 27th COFI

 The Committee supported the convening of an Expert Consultation to further develop the

concept of a comprehensive global record of fishing vessels as described in FAO's study.

2008 Expert Consultation

 The Expert Consultation assessed the Global Record concept and reinforced the Rome

Declaration call for a broad scope, including data on all vessels in the supply chain.

2009 28th COFI

 The Committee supported the development of a global record and the convening of a Technical

Consultation

GLOBAL RECORD OF FI SHI NG VESSELS REFRI GERATED TRANSPORT VESSELS AND SUPPLY VESSELS (GLOBAL RECORD)

2010 Technical Consultation

 Technical Consultation to Identify a Structure and Strategy for the Development and

Implementation of the Global Record of Fishing Vessels, Refrigerated Transport Vessels and Supply Vessels

2011 29th COFI

 The Committee noted the recommendations of the Technical Consultation and reiterated its

support for the Global Record as one of the useful tools to combat IUU fishing.

2012 30th COFI

 The Committee:

(a) reiterated its support for the Global Record's continued development by FAO, using a phased approach, avoiding duplication, keeping it cost-effective and ensuring coordination with other existing initiatives; (b) recognized the necessity of a global unique vessel identifier (UVI); (c) suggested the UVI, as a first step, be applied to vessels above 100 GRT; (d) noted the necessity for RFMOs to coordinate their vessel records with the Global Record; (e) appreciated FAO's work to assist developing States to strengthen their national or regional vessel registries

GLOBAL RECORD OF FI SHI NG VESSELS REFRI GERATED TRANSPORT VESSELS AND SUPPLY VESSELS (GLOBAL RECORD)

2014 31st COFI

 Recognizing the role of the Global Record in the fight against IUU fishing, the Committee:

(a) reiterated its support for the Global Record’s development by FAO and commended FAO on the preparation of the strategy document and the demonstration of the prototype; (b) welcomed FAO’s efforts in coordinating the Global Record with other existing systems to keep it cost-effective, while working towards standardization at the global level; (c) appreciated the collaboration with IMO in extending its ship identification number to fishing vessels and agreed that IMO number should be used as the Global Record UVI for Phase 1; (d) noted that several RFMOs have made provisions for the IMO number to be compulsory; (e) agreed that States were responsible for data provision to the Global Record; and (f) appreciated FAO’s continued assistance to developing States.

 Spain announced a contribution of 250.000 EUR for the establishment of the Global Record.  Recognized the need for an advisory committee to clarify outstanding issues and to find a

solution for the long-term financing.

 the Global Record Informal Open-Ended Technical and Advisory Working Group  1st Meeting: 30 Sept. - 02 Oct. 2015  2nd Meeting: 21 - 23 March 2016

Cooperation/ Tuna RFMOs

Cooperation/ RFMOs

The COMBI NED I UU VESSEL LI ST (9 RFMOs) http://iuu-vessels.org/iuu  Commission for the Conservation of Antarctic Marine Living Resources (CCAMLR)  Inter-American Tropical Tuna Commission (IATTC)  International Commission for the Conservation of Atlantic Tunas (ICCAT)  Indian Ocean Tuna Commission (IOTC)  Northwest Atlantic Fisheries Organisation (NAFO)  North East Atlantic Fisheries Commission (NEAFC)  South East Atlantic Fisheries Organisation (SEAFO)  Western and Central Pacific Fisheries Commission (WCPFC)  South Pacific Regional Fisheries Management Organisation (SPRFMO)

Maintained by Trygg Mat Tracking (TMT), a Norway-based organization that provides expert fisheries intelligence analysis to national authorities and relevant international institutions

(http://www.tuna-org.org/vesselneg.htm)

I UU Vessel Lists Positive Vessel Lists / CLAV Meetings Past/ Current

Kobe 2007; San Sebastian 2009; La Jolla 2011

The Role of RFMOs I CCAT CCAMLR FAO/ COFI

 Patagonian Toothfish ( 2000)  Statistical Documents for BFT (1992)

CDS- Catch Documentation Schemes

 CDS for BFT (2007)  Statistical Documents for BET + SWO (2000)  31st COFI Meeting  CDS Expert Consultation (21-24/ 07/ 2015)  Technical Consultation (18-22/ 04/ 2016)  Analysis of gaps and inconsistencies in the seafood traceability standards and norms (February, 2016)

The Role of UNODC and I NTERPOL  The importance of intelligence and I nternational Cooperation!

INTERPOL FCWG- Purple Notices

 since 2013 Interpol member states have issued Purple Notices to request or provide information regarding fishing vessels that are wanted for illegal activities. Notices are published by INTERPOL’s General Secretariat at the request of National Central Bureaus (NCBs) and authorized entities. Purple Notices are used ‘To seek

• r provide information on modi operandi, objects, devices and

concealment methods used by criminals.’ 5th Conference of the Parties to the United Nations Convention against Transnational Organized Crime  36. International environmental crimes can be defined as including a range of

• ffences 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

• f and trafficking in minerals and precious stones;

Capacity Building/ Developing States

UNFSA Part VI I

 PART VII- REQUIREMENTS OF DEVELOPING STATES  Art. 24- Recognition of the special requirements of

developing States

 Art. 25- Forms of cooperation with developing States  Art. 26- Special assistance in the implementation of this

Agreement

PSMA

 PART 6/Article 21- Requirements of developing States

VGSSF

 12. Capacity Development

VGFSP

 Cooperation with and assistance to developing States with

a view to capacity development

In the fight against IUU Fishing, if one looks back to the past,

• ne may be surprised by the progress achieved, but if one looks to the future,
• ne might be frustrated by the challenges still lying ahead…

Harry Koster

I n conclusion..

There has been a lot of progress since UNCLOS (1982)… Many commitments have been made…  Rio 92, Johannesburg 2002, Rio+ 20 2012, 2015 SDG… Which resulted in a comprehensive legal framework…  UNCLOS, UNFSA, Compliance Agreement, Code of Conduct,

IPOA-IUU, PSMA, VGFSP, VGSSF, GRFV+ UVI…

To be pursued by a diversified institutional framework…  UNGA, FAO/COFI, UNODC, INTERPOL, RFMOs So, what is the key for the success? Cooperation I MCS Network & GFETW

Muchas Gracias ! Thank You ! Merci Beaucoup ! Muito Obrigado !