Workshop on Monitoring, Control and Surveillance: an effective tool to fight against IUU fishing

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1 CONFERENCE MINISTERIELLE SUR LA COOPERATION HALIEUTIQUE ENTRE LES ETATS AFRICAINS RIVERAINS DE L OCEAN ATLANTIQUE MINISTERIAL CONFERENCE ON FISHERIES COOPERATION AMONG AFRICAN STATES BORDERING THE ATLANTIC OCEAN COMHAFAT/ATLAFCO Workshop on Monitoring, Control and Surveillance: an effective tool to fight against IUU fishing Background paper EXECUTIVE SECRETARIAT Rabat, October 19, 2015

2 Table of Contents TABLE OF CONTENTS... 2 ACRONYMS... 3 INTRODUCTION POLITICAL AND LEGAL FRAMEWORK OF THE MCS SYSTEM AND ITS EFFECTIVENESS LEGAL INSTRUMENTS International agreements National obligations STATUS OF IMPLEMENTATION OF MCS COMPLIANCE OF NATIONAL LEGISLATIONS WITH INTERNATIONAL INSTRUMENTS Code of Conduct for Responsible Fisheries The International Plan of Action to Prevent, Deter and Eliminate IUU Fishing FAO Agreement on Port State Measures (PSMA) Flag State IUU Regulation of the European Union MCS MEASURES Monitoring Control Surveillance SUB-REGIONAL COOPERATION MECHANISMS AND INITIATIVES UNDER WAY REGIONAL INITIATIVES Memorandum of Understanding on the control of ships by the port State Convention for Cooperation in Protection and Development of the Marine and Coastal Environment of the West and Central Africa (Abidjan Convention, 1981) WAEMU Directives The African Convention (AU) on the Conservation of Nature and Natural Resources (Maputo Convention, 2003) REGIONAL COOPERATION The International Commission for the Conservation of Atlantic Tunas (ICCAT) Fishery Committee for the Eastern Central Atlantic (CECAF) Sub-Regional Commission on Fisheries (SRCF) Fishery Committee for the Western Central Atlantic (FCWC) Regional Fisheries Committee for the Gulf of Guinea (COREP) CONCLUSION NOTES Background document, page 2

3 Acronyms AIS ATLAFCO CCRF CECAF COREP CSP EAF EEZ ERS EU FAD FAO FCWC FPA GIS GPS: ICCAT IMO IPOA - IUU IUU JMC MCA MCS MoU NPOA - IUU PSMA RFMO SRFC TAC UNCLOS UNMIL VMS WAEMU WARFP Automatic Identification System Ministerial Conference on Fisheries Cooperation among African States bordering the Atlantic Ocean Code of Conduct for Responsible Fisheries (FAO) Fishery Committee for the Eastern Central Atlantic (FAO) Regional Fisheries Commission of the Gulf of Guinea Fisheries Monitoring Centre Ecosystem approach to fisheries (FAO) Exclusive Economic Zone Electronic catch recording and reporting system European Union Fish Aggregating Devices United Nations Food and Agriculture Organization Fisheries Committee for the West Central Gulf of Guinea Fisheries Partnership Agreement Geographic Information System Global Positioning System International Commission for the Conservation of Atlantic Tunas International Maritime Organization International Plan of Action to Prevent, Deter and Eliminate IUU Fishing Illegal, Unreported and Unregulated Joint Maritime Committee (Sierra Leone) Convention on the Determination of the Minimal Conditions for Access (SRFC) Monitoring, Control and Surveillance Memorandum of Understanding / MoU / Memorandum of Understanding National Plan of Action to Prevent, Deter and Eliminate IUU Fishing 2009 FAO Port State Measures Agreement Regional Fisheries Management Organization Subregional Fisheries Commission Total Allowable Catches United Nations Convention on the Law of the Sea United Nations Mission in Liberia Vessels Monitoring System Economic and Monetary Union of West Africa West Africa Regional Fisheries Program (SRFC) Background document, page 3

4 Introduction Illegal, unreported and unregulated (IUU) fishing affects many artisanal and industrial fisheries around the world. Due to little effective monitoring, or no monitoring, the Exclusive economic zones (EEZs) of developing countries are, as is the case also of remote areas of the high seas, affected by this scourge. Being widespread in Africa, particularly in the West African region, IUU fishing contributes to overfishing, annihilates the efforts to manage fisheries sustainably, and creates lost earnings for fishermen and the national economies. The economic losses caused by illegal fishing from industrial sources in the waters of the West African region are estimated at 1.3 billion US dollars per year. Throughout the African Atlantic coast, illegal artisanal fishing is characterized by the implementation of non-compliant fishing gear and fishing without a license in the waters of neighboring countries. Illegal industrial fishing is mostly conducted by foreign vessels fishing without a fishing license, engaging in illegal transshipment activities in waters under national jurisdiction and on the high seas, by not reporting the catches made or making false statements and operating in fishing zones reserved for the artisanal segment (typically less than 3 miles). This is the case both for foreign and domestic ships. Despite many efforts to combat IUU fishing in Africa and particularly in the waters of countries of the Sub-regional Fisheries Commission (SRFC 1), ), the capacities are still insufficient and are subject to many technical, institutional and financial constraints. Yet the strengthening of monitoring, control and surveillance (MCS) systems is both a necessity for all countries of the Atlantic for the protection of fishery resources and a major challenge for countries whose exports of fishery products are strongly linked to the European market, and some of these countries have been sanctioned 2 by the European Union under its regulation on IUU fishing for non compliance in the fight against IUU fishing. This document aims to review progress in the implementation of MCS systems across the countries of the ATLAFCO area and the initiatives taken at the subregional level by the fisheries cooperation organizations. This document is structured in three parts. The first is devoted to the elements of the monitoring, control and surveillance system and of the relevant legal frameworks in this area. The second part deals with the implementation of MCS mechanisms and the degree of compliance with international and regional instruments. The third part presents the cooperation mechanisms and initiatives developed to support the MCS devices in the region. Background document, page 4

5 1 Political and legal framework of the MCS system and its effectiveness The MCS system has a major function in the fight against IUU fishing. It includes a number of measures that are central to sustainable fisheries management and seeks to ensure the following process: the monitoring makes it possible to collect information on fisheries that are used to help develop and evaluate appropriate management measures, while surveillance uses this information to ensure that controls are well enforced. MCS is specifically structured around the following measures: i) Monitoring: continuing need to measure the characteristics of the fishing effort and resource efficiency; ii) Control: regulatory conditions in which the fishery resources may be exploited. These specifications are normally contained in the national fisheries legislation and other provisions as may be agreed at the national, sub-regional and regional levels as is the case for tuna in the Atlantic. Legislation is the basis by which fishery management measures are implemented through the MCS. iii) Surveillance: concerns the regulation and monitoring of fishing activities to ensure that national legislation, the terms and conditions of access, and the management measures are enforced. To achieve the goal of MCS, the options available and the various combinations of these options are almost limitless. They include a range of facilities, separated or interconnected between themselves, with varying degrees of complexity, different levels and types of human resources (whether connected to the equipments or separated), a variety of approaches to implementation, from the military type of coercion to enforcement programs, and then, once the system is set up, the options include an even greater choice about how to manage the system and organization of the MCS. To be effective, however, countries should develop an implementation strategy of the MCS system, supported by public policy frameworks and legal and institutional frameworks as well as operational mechanisms with adequate human and financial resources. 1.1 Legal instruments Control measures against IUU fishing are governed by a set of international and regional instruments that may be technically located on four levels that are those of the coastal State, port State, the flag State and the market State. This latter increases in terms of importance, as indicated by the new IUU regulation of the European Union that uses the possible trade sanctions to encourage States that are particularly interested in marketing their products to the EU to ensure they are recognized as being compliant with international regulations. These levels - coastal, port, flag and market - are all covered by the International Plan of Action against IUU fishing (IPOA-IUU) FAO (2001) International agreements Code of Conduct for Responsible Fisheries The Code of Conduct for Responsible Fisheries (CCRF), developed by FAO in 1995 represents the international reference as fisheries policy formulation tool. Its universal principles aim at guiding fisheries management. They can be summarized as follows: "The right to fish implies an obligation to do so responsibly, so as to ensure the conservation and rational management of living aquatic resources" 3. The Code's principles are widely adopted or endorsed by the national policies of the ATLAFCO countries and by the regional policies in the field of fishing; reflected in the strategic plans of the sub-regional organizations on the Atlantic coast (SRFC, FCWC, COREP) that anchor their actions in the principles of the Code of Conduct. Within the framework of fisheries agreements entered into between the EU and third countries, particularly in Africa 4, the memoranda of understanding all refer to the principles of the Code of Conduct for Responsible Fisheries (CCRF). Background document, page 5

6 The CCRF attaches particular importance to the MCS system. According to the Code, "monitoring" covers the process of collection and processing of data related to fishing activities and resources; "control" is the regulation of fishing activities; "surveillance" is the rule checking process. Pursuant to the directives of the Code, countries whose vessels fish beyond their waters under national jurisdiction have the responsibility to ensure that these vessels are in possession of the appropriate certificates and are allowed to fish. They must therefore keep detailed records of the vessels that fish beyond their own waters under national jurisdiction. Major responsibilities of the flag State are specified in such a Code of Conduct in particular as regards its ships and crews operating in the high seas or in waters under the jurisdiction of other States. Their vessels and fishing gear that they use must be registered and marked properly, and be authorized to fish by the competent authorities. In case of IUU fishing by a vessel flying the flag of a given country, penalties that might go up to the withdrawal or suspension of the authorization to fish may be ordered (against such country). Regarding the responsibilities of the Port State, the CCRF requires assistance from the flag state in case of violations in particular of the measures of the conservation and management of fisheries resources, both in the high seas or in waters under national jurisdiction of a third State (see section below). The enforcement of these provisions of the CCRF, albeit voluntary, remains a priority of the international community that has renewed its contents in the International Plan of Action against IUU fishing of The 1995 Agreement on the Conservation and Management of Straddling Fish Stocks and Highly Migratory Species This Agreement aims to ensure the conservation and sustainable exploitation of fish stocks in the EEZ and in international waters by the development of cooperation mechanisms through appropriate international or regional organizations. Thus, in the context of the management of straddling and highly migratory fish, states must agree on the measures necessary for the conservation of the stocks concerned. They must also establish verification rules for the catch records, ensure the monitoring, control and surveillance of fishing vessels through implementation of national inspection mechanisms and regional and sub-regional cooperation mechanisms in terms of police as well as the implementation of national, sub-regional and regional observation programs in which the flag State must participate. In addition, as required, coastal States should ensure the enforcement of fish stocks conservation and management measures by setting up effective monitoring, control and surveillance systems. In terms of port State, Article 23 of the Agreement confers to the coastal state the right and obligation to take actions concerning documentary checks, the legal character of the fishing gear, the catches aboard ships, etc.). Also, in order to effectively repress any violation of international law, the Convention obliges states to provide in their national legislation for appropriate sanctions and to empower national authorities to implement them FAO Port State Measures Agreement (PSMA) The FAO Port State Measures Agreement, that entered into force in 2009, aiming at preventing, deterring and eliminating IUU fishing, is an important means to consolidate international efforts to reduce IUU fishing while contributing, consequently, to strengthening the management and governance of fisheries at all levels. This Agreement addresses general considerations, questions relating to inspection of ships in ports, measures to be taken when an inspector finds that there are good reasons for believing that a foreign fishing vessel has engaged in or supported IUU fishing activities, as well as information that the port State should communicate to the flag State. CCRF and the Port State Measures Agreement do encourage countries to strengthen their MCS system in real time, in particular through the implementation of measures that would prevent IUU fishing vessels from access to ports. The 31 st FAO Committee on Fisheries held in Rome from June 09 to June 13, Background document, page 6

7 2014, adopted voluntary guidelines on securing sustainable small-scale fisheries as well as voluntary guidelines on performance criteria for the Flag State The International Plan of Action to Prevent, Deter and Eliminate IUU Fishing The IPOA-IUU, conceived as an optional instrument, incorporates and strengthens the rights and obligations of States in the fight against IUU fishing. The IPOA-IUU measures shall specify the responsibilities of States, the responsibilities of the Flag State, the measures that are under the purview of the Coastal State, the measures that are under the purview of port States, the internationally agreed trade-related measures, the research organizations, the regional fisheries management organizations (RFMOs), as well as the special needs of developing countries and the role of FAO. The IPOA-IUU provides for several Port State measures in paragraphs 52 to 64.Paragraph 52 specifies that the Port State should provide for measures consistent with international law allowing it to control fishing vessels in order to prevent, deter and eliminate IUU fishing. These measures should be applied in a fair, transparent and non-discriminatory way. The other measures relate to: a prior request for authorization to access the port expressed in time by providing information on the quantity of fish on board; the denial of access to port of a ship by the port State in the event where IUU fishing activities are proven and the flag State is informed; the designation of ports that are accessible to foreign vessels, and the ability of the ports to make the necessary inspections; communication of inspection results to the flag State, to the coastal States and to competent regional fisheries management organizations; the confidentiality of information collected in accordance with national laws of the States; the preparation and publication of a national strategy and procedures for control by the port State, the training of port State control officers, as well as capacity building; bilateral or multilateral cooperation, or cooperation through regional fisheries management organizations for the establishment of control mechanisms, the imposition of sanctions and agreed information sharing between members. The IPOA-IUU establishes a comprehensive set of data on vessels and their owners and could, therefore, be a suitable instrument for the establishment of a file or registry ships. In order to adopt the measures of the International Plan of Action in a consistent manner, countries were encouraged to develop their own national plans of action by selecting measures of the "toolbox" as represented by the International Plan of Action and adapting them to their particular circumstances IUU Regulation in the European Union Regulation (EC) No 1005/2008 of September 29, 2008, establishing a Community system aimed at preventing, deterring and eliminating IUU fishing constitutes an essential element of the system of trade between the EU and third countries. A recent study entitled 5 Traceability, legal origin and the EU IUU regulation) recommended that the IUU regulation in the EU, which is based on FAO instruments continues to be the main instrument determining the legal provenance of fish. The EU Regulation on IUU fishing in this area applies to all vessels engaged in commercial exploitation of fishery resources. It aims at preventing, deterring and eliminating any trade of IUU fishing products within the EU, in all EU waters, and prohibits the participation of Community nationals in IUU fishing activities. The Regulation introduces a catch certification system to improve the traceability of all fish products sold or purchased by the EU and to facilitate the monitoring of their compliance with the rules of conservation Background document, page 7

8 and management, in cooperation with third countries. From now on, only the fishery products certified as being legal by the flag state or the exporting country concerned can be imported into the EU or exported from the EU. Besides the catch certification system, the Regulation also contains provisions on monitoring by the port state, mutual assistance and the establishment of a Community alert system, a Community list of IUU fishing vessels, and a list of non-cooperative third countries. The Regulation also includes a harmonized system of penalties that is proportionate to the economic value of their catches and is a deterrent for serious offenses. The EU's obligations in respect of non-cooperating third countries are set out primarily in Chapters VI and VII of the IUU Regulation. Article 31 (1) requires the European Commission to identify the third countries that it considers as non-cooperating countries in the fight against IUU fishing 6. The IUU Regulation becomes therefore an instrument for countries wishing to export fisheries products to the EU in order to put in place appropriate national arrangements for the implementation, monitoring and enforcement of the fishing legislation to their fishing vessels, including the establishment of an appropriate mechanism to allow for the issuance of catch certificates in the format specified in Annex II of the IUU Regulation National obligations National obligations relating to the provisions on the MCS fall mainly within the international framework of the United Nations Convention on the Law of the Sea (UNCLOS) and the FAO Code of Conduct for Responsible Fisheries. National obligations specify the fishery management aspects related to: the zoning of activities, the management bodies, the rights and obligations of foreign ships, the landing and traceability of catches, the licensing, control and surveillance of fishing activities, as well as measures against IUU fishing. The development of integrated legal frameworks of the MCS system within each country is therefore based on both the abovementioned legal instruments and the transposition into national law of regulatory measures for access to fishery resources, the obligation to provide information on fishing activities, the boarding of observers and seafarers, the control and monitoring of transshipments, the register of fishing vessels, the marking of vessels, the strengthening of fisheries research and the declaration of entry and exit from the waters under national jurisdiction. However, countries must develop a strategy and adopt their own plan of action for the implementation of these guidelines, supported by public policy frameworks and appropriate legal and institutional frameworks. Countries are also encouraged to review the progress of their national plans four years after their adoption. Background document, page 8

9 2 Status of implementation of MCS 2.1 Compliance of national legislations with international instruments The initiatives aiming at strengthening the MCS system have been multiplied since the moment when IUU fishing has been listed on the global fisheries agenda for fifteen years 7 as a prime issue. At the level of the ATLAFCO countries, the revision of the regulatory framework and in particular the compliance with international instruments aiming at strengthening the MCS is done through the adoption of new fishing codes and the updating of national legislations. Senegal, Guinea Bissau, Cabo Verde and Gabon are among the countries that have recently revised their fisheries legislation with a significant component of the MCS. Other countries, namely Sierra Leone, Benin and Côte d Ivoire have prepared drafts laws that have not yet been adopted for the time being. In general, all countries in the ATLAFCO area do submit the practice of fishing in the waters under the national jurisdiction or sovereignty to a fishing licensing or authorization. This obligation is generally applicable mainly to industrial fishing and in other cases to artisanal fishing too. Free access remains however largely in force. Many countries have transposed into their national legislation the requirement to provide information on fishing activities, the boarding of observers and seafarers, the control and monitoring of transshipments, the register of fishing vessels, the marking of ships, and the declaration of the entry and exit from the waters under national jurisdiction. Important work was carried out under the ACP-FISH II Project 8 that contributed to the harmonization of international approaches to combat IUU fishing. This project supported the SRFC, FCWC and COREP countries to develop a set of principles and management measures such as the principle of fisheries management plans and conservation and management measures (fishing gear, prohibited fishing areas and periods, offenses and penalties, etc.). However, the adoption of the revision of the fisheries legislations is a lengthy and complex process and partly explains the delay suffered by some countries in the region (notably Benin, Côte d Ivoire, and Guinea) in transposing the guidelines of the various international agreements. This may indeed take ten years and represents a constraint to the adaptation of the legal framework to the provisions of international conventions on IUU fishing. The assessment of the compliance of legal frameworks in terms of marine fisheries of the ATLAFCO countries with international standards in terms of MCS as reflected in international and regional instruments on fishing, described in the first part of this paper, shows that in many cases, there is no national legislation on monitoring and control of fishing vessels operating in their waters. There is also no legal framework for the establishment of satellite tracking of ships (all flags combined) in the exclusive economic zone ( VMS protocol), including in Benin and Côte d'ivoire 9. The adoption of effective management measures is largely hindered by the difficulty in revising the regulatory framework for fisheries management and by the weakness of the information collection system Code of Conduct for Responsible Fisheries This voluntary Agreement is adopted by most of the countries including Angola, Cameroon, Cabo Verde, Côte d Ivoire, Benin, Gabon, Gambia, Guinea, Guinea Bissau, Liberia, Mauritania, Namibia, DRC, Sao Tome, Senegal, and Sierra Leone. Nonetheless, a number of key principles of the Code as those related to monitoring devices, such as for example, fisheries management from management plans, the precautionary approach, or the control approach, such as the limitation of the fishing effort are, with few exceptions (Angola, Namibia, Morocco, Mauritania, etc.), partially implemented. The same can be said for the international plans of action related to the Code of Conduct, such as those relating to the management of sharks - (the SRFC Background document, page 9

10 countries (Cabo Verde, Gambia, Guinea, Guinea Bissau, Mauritania, Senegal and Sierra Leone) have adopted national action plans for the conservation of sharks) -, of the fishing capacity, or of the incidental catch of seabirds, or the fight against IUU fishing. Overall, few national plans of action have been formulated or implemented The International Plan of Action to Prevent, Deter and Eliminate IUU Fishing The implementation of the IPOA-IUU as a guide to fight IUU fishing at the national level is still only partial and some countries have adopted IPOA-IUU, namely: Angola, Benin, Cabo Verde, Cameroon, Gabon, Gambia, Guinea, Guinea Bissau, Liberia, Mauritania, Namibia, DRC, Senegal, and Sierra Leone. However, the countries that have adopted it do emphasize the lack of (financial and technical) resources for its implementation. In other cases, the implementation takes a long time, as is the case in Angola. It is worth mentioning that The Gambia, Gabon, Sierra Leone, Angola and Namibia have also adopted a national plan of action against IUU fishing (NPOA-IUU). Other countries, such as Côte d'ivoire, have not yet developed any IPOA-IUU, or this latter is under development. In some cases, namely in the case of Benin, the national law contains no measures to fight IUU fishing practiced by national and foreign fleets. The country has, however, recently amended its legislation to allow for better governance and traceability FAO Agreement on Port State Measures (PSMA) With PSMA, the countries that are signatories to the Agreement must undertake a certain number of practical steps to deny entry to the port and access to port services to foreign fishing vessels and transport who practiced illegal fishing or who supported it (by supplying fuel for example, etc.). As of September 30, 2015, only Gabon, within the ATLAFCO area, had ratified, approved and accepted the Port State Agreement. The following countries have signed the Agreement but have not yet ratified it: Angola: 22/11/2009 Sierra Leone: 23/11/2009 Benin: 28/9/2010 Ghana: 28/10/2010. The SRFC countries, as part of a regional initiative, have undertaken a series of capacity-building measures to promote regional coordination in respect of measures within the jurisdiction of the Port State, funded under the West Africa Regional Fisheries Program (WARFP). However, not all the countries of the ATLAFCO area are currently prepared to implement Port State measures. One reason is that industrial IUU fishing is often highly organized, motivated by great challenges and great profits. In other cases, it is the capacities, legislation and institutional frameworks that are highly limited. This led to the current situation where many IUU vessels seek to offload their catches and refuel at ports that do not have or do not enforce controls and are known under the name of "ports of convenience". While it is necessary to adopt national legislations that are favorable to the implementation of this Agreement, some Port State measures could already be implemented under the current fisheries legislation. For example, port inspections, the identification of inspectors, as well as inspection procedures could have already been dealt with under the existing laws of the countries in the region Flag State The Voluntary Guidelines developed in 2013 for the conduct of the flag State do offer an invaluable tool, enabling flag States to better fulfill their international obligations and duties as regards the granting of Background document, page 10

11 their flag to fishing vessels and the control thereof. The flag State is therefore responsible for verifying compliance with regulations, including fisheries management measures, working conditions, health standards, etc. by the vessel. However, many fishing vessels do not come to dock to offload their catch, preferring the transshipment on cargo ships that bring them to the port without asking for prior authorization or for the presence of inspectors to monitor the transshipment. This practice is often performed by foreign vessels and remains widespread in some West African countries (Benin, Côte d'ivoire, The Gambia, Guinea Bissau, Guinea, Sierra Leone, and Togo) because of the weakness of monitoring capabilities. The FAO Flag State Agreement has been ratified by only some countries including: Cabo Verde and Senegal. Guinea, Guinea Bissau, Mauritania and Senegal have ratified the UN Agreement on Straddling Stocks of Nonetheless, this agreement also lays down the obligations of the flag State for compliance with legislation and for enforcement measures against offenders. This UN Agreement provides for the establishment of control measures that can be taken by coastal States. The Agreement allows in particular the coastal states to carry out, in case of infringement, the inspection of vessels flying the flag of another State IUU Regulation of the European Union The implementation of the provisions of Regulation 1005/2008 is a challenge for the countries of the ATLAFCO area due to institutional, human and material capacities that are limited for some countries, particularly in terms of conservation and management measures, and due to the extension of powers (of sanction, injunction, declaration of non-cooperating states, establishment of IUU vessel list ) to third countries that are not part of an agreement. Pursuant to this text, Regulation 2015/1296 of July 28, 2015 has updated the list of vessels identified as engaged in illegal, unreported and unregulated fishing. The Annex to the Regulation contains the list of IUU fishing vessels with their IMO identifier and the Flag State, including seven countries of the ATLAFCO area (Nigeria, Guinea, Togo, Equatorial Guinea, Sierra Leone, Ghana, and Morocco). 10 Moreover, the European Commission adopted two decisions in November 2013 against IUU fishing. The Commission designated Guinea as a non cooperating country in the fight against illegal fishing. It also announced a second round of "yellow cards" sent to Ghana in particular. Alongside these major announcements, the Commission also added the 5 countries including Togo (alongside Fiji, Panama, Sri Lanka and Vanuatu) that had received yellow cards in November Background document, page 11

12 Table 2.1: Summary of the state of compliance with the main international instruments related to MCS Instrument Situation Observations CCRF IPOA-IUU PSMA Source: own creation. Voluntary agreement adopted by a large number of the countries, including: Angola, Cameroon, Cabo Verde, Côte d Ivoire, Benin, Gabon, Gambia, Guinea, Guinea Bissau, Liberia, Mauritania, Namibia, DRC, Sao Tome, Senegal, Sierra Leone The implementation of the IPOA- IUU at national level is still partial and only some countries have adopted it: Angola, Benin, Cabo Verde, Cameroon, Gabon, Gambia, Guinea, Guinea Bissau, Liberia, Mauritania, Namibia, DRC, Senegal and Sierra Leone. As of September 30, 2015, only one country in the region, namely Gabon, had ratified, approved and accepted this Agreement. Countries that have signed the Agreement but not yet ratified it: - Angola: 22/11/ Sierra Leone: 23/11/ Benin: 28/9/ Ghana: 28/10/2010 However, a number of key principles of the Code, such as those related to monitoring devices, as if the case for example of fisheries management from management plans, the precautionary approach, or the control approach, such as the limitation of the fishing efforts are, with some exceptions, partially implemented. The same can be said for the international plans of action attached to the Code of Conduct, such as those relating to the management of sharks, to the fishing capacity, to the incidental catch of seabirds, etc. However, the countries that have adopted it do emphasize the lack of (financial and technical) resources for its implementation. In other cases, the implementation takes a long time. Other countries, such as Côte d'ivoire 11. have not yet developed an NPA-IUU, or these plans are under development. With the PSMA, the countries that are signatories to the Agreement must undertake a number of practical steps to deny entry to the port and access to port services to foreign fishing and transport vessels who have practiced illegal fishing or who have supported such illegal fishing (by sourcing fuel, for example, etc.). Background document, page 12

13 2.2 MCS measures At the level of the countries of the ATLAFCO area, the existing MCS systems in place are based primarily on monitoring and to a lesser extent on control. The provisions to which less importance was granted are those related to monitoring that are intended to ensure the implementation and enforcement of management measures and to ensure fisheries management. The strengthening of MCS capacities was made mainly on a regional basis as part of initiatives developed by some organizations, in this case ICCAT and the SRFC. However, the weak regulation (inadequate or insufficient, national legislations not implemented, inconsistent MCS policies), continues to be a constraint for the adaptation of the MCS to the IUU risks and fishing practices. Moreover, several countries continue to face the weaknesses of the MCS national structures (lack of air and sea surveillance means; lack of efficient and operational means of communication and performance / vessel monitoring system; low level of specialized staff involved in the MCS process, and finally, the low level of exchange of data and information). The effectiveness of MCS in some cases is almost zero due to the lack of a legal framework, lack of equipment in working order and patrol vessels that are seaworthy (Côte d'ivoire and Benin in particular). Overall, the implementation of the MCS is not carried out with the same priority given the means implemented at the national and regional level. Some countries, namely Cabo Verde, Mauritania, Angola, Senegal and Namibia, have deployed some relatively important surveillance means and improved compliance with management rules and controls Monitoring This is the main component of the MCS system implemented by most countries of the ATLAFCO area. The efforts made focus mainly on management measures (zoning, biological recovery, management plans, reporting, etc.).the quota management system is still weakly implemented and faces the difficulty of implementation, due to technical and institutional constraints including: conflicts between artisanal and industrial fisheries, the allocation of quotas, the monitoring, and the absence of an appropriate management framework. Some countries, namely Namibia, Angola and Morocco, have made some headway in implementing quota-based management systems for the major commercial stocks. Several countries (including Mauritania, Senegal, Gambia, Guinea, Morocco, Angola, and Cabo Verde) have also developed annual fisheries management plans Fishing area All countries of the ATLAFCO area have signed and ratified the United Nations Convention on the Law of the Sea (UNCLOS) 12. They have established exclusive economic zones or exclusive fishing zones. These specify 12 nautical miles as the limit of territorial waters, 200 nautical miles that of the EEZ, and it is from this limit that the waters of international jurisdiction start being in force. In the framework of fishing, the claiming for such zones, whose geographic and legal characteristics may relate to the establishment of the EEZ, is crucial in the fight against IUU fishing, giving a legal basis for checks and opportunities for arrest. Indeed, the fishing area is an important element for monitoring and control of the activities of vessels including the entry of exit of foreign vessels authorized to fish in the waters of a coastal State as well as the fishing areas that may be reserved to a particular segment such as the artisanal fleet, usually between 3 and 6 miles, and beyond 12 miles for offshore fishing fleet. But in many cases, there are no defined boundaries (coordinates) of the fishing area. The reasons for this is that there are disputes on the delimitation of maritime boundaries between several countries of the ATLAFCO area because of disagreements about the definition of coordinates of the EEZ. There are no agreed maritime boundaries between neighboring countries such as Côte d'ivoire and Ghana, Benin Background document, page 13

14 and Nigeria, Gabon and Equatorial Guinea, Cameroon and Nigeria, Angola and the DRC, and Mauritania and Senegal. Cabo Verde demarcated its maritime border with Senegal only. Therefore, the exact coordinates of the boundary of the EEZ are not always shown in the laws and regulations or in any subsequent text as is the case in Côte d'ivoire. Ghana and Liberia have not filed, either, the limits of their EEZ. There is therefore a confusion as to the Eastern and Western boundaries of the Ivorian EEZ, and the resulting risk consists in potential legal disputes between the flags States, including Côte d Ivoire, Liberia and Ghana in particular, and foreign ship owners fishing in the waters of these countries. The organization of the MCS could therefore be complicated by the lack of certainty regarding some maritime borders of these states. This situation is also reflected on the surveillance of EU foreign vessels operating under fisheries agreements between some countries in the region since the EEZ coordinates are not mentioned in the texts of the Agreement and of the Protocol, as is the case for Côte d'ivoire. The unofficial accepted coordinates accepted between the parties can raise disputes or conflicts in order to prove inroads in a fishing zone or EEZ of a neighboring country. It also happens that border maritime regions may be ignored from the MCS Register of Ships According to UNCLOS 13, every State shall: (a) maintain a register of ships containing the names and particulars of ships flying its flag... Countries should keep detailed records of the vessels that fish beyond their own waters under national jurisdiction". The register is an important and effective measure of all integrated MCS system for industrial fishing ; it is used especially by fisheries inspectors. All countries in the ATLAFCO zone adopt the measure consisting in establishing a Register of boats and fishing vessels authorized to fish in waters under national jurisdiction. Regarding the establishment of the register of industrial fishing vessels, some countries do not yet have a complete and operational database as is the case in Cameroon, Sao Tome, DRC, Equatorial Guinea, and Congo. From the operational standpoint, the Internet network is subject to sporadic cuts that do not make it possible to retrieve on a regular basis the data. This is compounded by the lack of backup, which makes the system inoperable. As far as artisanal fishing is concerned, the registration of handicraft units is only partially engaged and not finalized. On the sub-regional level, the register format is not yet defined. Efforts are currently underway within the SRFC countries for the establishment of a ship register. Several reports mention vessels not listed on the National Register of vessels operating the waters of West Africa Declarations of catches The declaration and transmission of information are elements of the Port State Measures and of the FAO Code of Conduct. These measures are included in all fishing regulations of the countries in the region and are globally effective. They are an important element of the MCS system for the purpose of scientific monitoring and statistics. Their effectiveness in the MCS system remains, however, linked to the development of complementary measures such as the control of landings, VMS, and the observer program (especially during transshipment), so as to fight the absence or misreporting of catches and / or biological information. In the national laws and regulations in force, the reporting of catches is not yet mandatory for all fisheries. In addition, the transmission medium of biological and catch data is not specified. Overall, the information collection system remains inefficient in the area, compounded by the difficulty in interpreting the data. In the case of tuna fishing, the statements are transmitted to ICCAT 15. Concerning Community vessels that are operating under fisheries agreements, the transmission of the fishing logbook information electronically is a requirement for fishing vessels of more than 24 m according to Regulation (EC) No Background document, page 14

15 1224/2009 and its Implementing Regulation (EU) 404/2011 since January 2010 (this requirement gradually applies to smaller vessels) Fisheries management plans (TACs, quotas, biological rest periods, zoning, and other issues). The management of fisheries from management plans, the precautionary approach, the research on the state of stocks and the limitation of fishing efforts, are, with few exceptions, partially implemented in the ATLAFCO area. The implementation of the TAC or of quotas is very weak, and only few countries are an exception to this fact (Namibia, Angola and Morocco). The constraints of legal order and the implementation complexity greatly delay the introduction of fishing quotas. Mauritania has defined different management and development plans for its fisheries (octopus, artisanal and costal fisheries, and others). As far as Senegal is concerned, it adopted in 2012 a management plan for deep-water shrimps. The inshore shrimp and cymbium management plans are being developed. As far as tuna is concerned, ICCAT sets the annual quota per species (bigeye, yellowfin tuna, swordfish). A time-area closure is ordered from January 1 st to February 28 each year for fisheries in association with FADS for Bigeye tuna and yellowfin tunas per the rules of ICCAT Studies and monitoring In terms of science and data / information, research is facing problems of a technical, financial and institutional order which most often consist in the lack of capacity for the collection of information and the provision of scientific advice on the state of stocks and the level of fishing effort. The measures do not sufficiently incorporate small-scale fishing and its different gear used, or do not make it possible to ensure control of all waters under the jurisdiction. In other cases, the management plans do not supervise enough the fishing activities in the continental environment. The evaluation of the fishing capacity is partially conducted and does not cover all fisheries. The studies and data available are old data for most of them (more than ten years old in some cases like Cameroon and Benin) and do not make it possible to establish the limits of sustainable catches. In addition, the coverage of the valued stocks remains low. Some ATLAFCO countries have started to implement the ecosystem approach to fisheries (EAF) and have defined monitoring and evaluation mechanisms in this regard. However, its implementation continues to face the problem of data collection and of the updating of national regulations. Except in some cases such as Mauritania, Morocco, Namibia, and Cabo Verde, the human, technical and financial capacities of fisheries research institutions remain weak or very inadequate to complete all the missions. Most countries do not have research ships, which implies a high reliance if one wishes to conduct stock assessments. Background document, page 15

16 Table 2.2: Summary of the implementation status of the monitoring component of MCS Systems Instrument / source Countries Observations Fishing area UNCLOS: territorial waters: 12 nautical miles from the baselines. EEZ: 200 nautical miles from the baselines; All the countries of the Atlantic coast including South Africa have signed and ratified UNCLOS. Problem of definition of the coordinates of the EEZ; no agreement concerning the maritime boundaries between neighboring countries: Côte d'ivoire and Ghana, Benin and Nigeria, Gabon and Equatorial Guinea, and Angola and DRC. Register Ships of According to UNCLOS (para 1 and 2) any State: (a) maintains a register containing the names and particulars of vessels flying its flag. Virtually all countries adopt the Register of boats and fishing vessels authorized to fish in waters under national jurisdiction. However, records of databases are partially complete and operational. This is a measure applied especially for offshore vessels. Registration of artisanal fishing units is only partially started and not finalized. Regionally, the register format is not defined. Efforts are currently underway at the SRFC countries for the establishment of the ship register. Declarations of landings The declaration and transmission of information transmission are systems that are included in the Port State Measures and in the FAO Code of Conduct. Measure adopted at the country level. However, there is a lack or misreporting of catches and/or of biological information. Catch declarations are not yet mandatory and the medium for such declarations is not clear. The information collection system is not very efficient, compounded by the difficulty in interpreting the data. Therefore, catch declarations are not made in a systematic way on physical media except in the case of tuna fisheries (ICCAT) or FPA with the EU. Fisheries management plans (TACs, quotas, biological rest periods, zoning...). The establishment of TACs and the protection of juveniles is recommended by the Code of Conduct for Responsible Fisheries. (Compliance with the sustainable maximum yield) TACs established at the national level: Angola, Namibia, Morocco The establishment of TACs or quotas is very low and is an exception only a few cases. The constraints of a legal order and the implementation complexity greatly delay the introduction of fishing quotas. Area / season: FAO Code of Conduct: protection of juveniles? Regionally: Annual Quota per species (bigeye, yellowfin tuna, swordfish). Closed periods from January 01 to February 28 each year for fishing associated to FADs for bigeye and yellowfin (ICCAT rules). Studies monitoring and Code of conduct Some countries, such as Angola, apply the precautionary approach and do establish catch limits for important fish stocks. The evaluation of the fishing capacity is partially conducted and does not cover all fisheries. The studies and data available are mostly old (more than ten years old in some cases - Cameroon, Benin) and do not make it possible to establish sustainable catch limits. In addition, coverage of the valued stocked remains low.. Source: own creation. Background document, page 16

17 2.2.2 Control The range of control measures was strengthened with international law, in particular the Port State Measures and the flag State. For the latter, the measures make it possible to ensure that vessels flying one state s flag comply, in the waters under the jurisdiction of third countries, with the measures 16 of conservation and management of fishery resources. Therefore, the flag State is responsible for the monitoring of fishing activities of a vessel regardless of where it operates. It has a control function over its vessels and crews, and may impose sanctions for violations regardless of the sanctions imposed by the coastal State. For their part, the port authorities of the coastal State can make a major contribution to the MCS of fisheries, for monitoring activities and surveillance activities alike. Port State control is an increasingly popular initiative and an authority of the multidisciplinary port may help the coastal State for port inspections, information for fishermen and supervision of the transshipment of fish, by reducing red tape to a minimum and by increasing controls to a maximum, at little cost. At the level of the ATLAFCO countries, the provisions relating to the control of the MCS system, are contained in national fisheries regulations and other provisions agreed at the national, sub-regional (SRFC area exclusively) and regional levels, as is the case for Atlantic Tunas (ICCAT). Overall, the adopted control measures include the control of fishing capacity (licenses), the protection of endangered species (shark fishery in the SRFC zone, for example) but very little on production (quota, juvenile, etc. or the origin of the catches).the measures do not incorporate sufficient scale fisheries and its different gear used. The control devices are disproportionate with respect of the scale of illegal fishing practices due to the lack of resources to be deployed across the whole jurisdiction or because of the absence of a legal framework, the lack of equipments in working order (for the satellite monitoring of ships, for example), and the lack of human resources and ships. Moreover, the current level of control, particularly in the Gulf of Guinea area 17 is not enough and does not provide coverage of the entire national jurisdiction (See Table 3.3). This is particularly the case in the following countries: Sierra Leone, Liberia, Côte d Ivoire, Nigeria, Togo, Benin, Cameroon, DRC, Sao Tome and Guinea Bissau. Liberia currently has two MCS satellites coastal stations and only one patrol boat near the coast because of the limited means. The strengthening of the control in the area was focused mainly on offshore control systems through the acquisitions of patrol boats, the establishment of brigades for the control and monitoring of fishing activities and the establishment of partnerships for the coordination of control (navy, defense), as is the case in Gabon, Cameroon, Côte d Ivoire and Sierra Leone 18.However, it often happens that patrol boats are not in a working condition or lack resources to be deployed throughout the jurisdiction. Therefore, the monitoring of foreign vessels, including EU vessels, particularly in the Gulf of Guinea area, is made via satellite monitoring by the flag states. Among the most important initiatives, it is worth mentioning those launched two years ago by Ghana and Gabon (notably with control means thanks to seagoing and airborne equipment, creation of a specialized body for the fisheries sector, deployment of operational units over 4 clusters along the whole coast) in order to strengthen controls. However, the effectiveness of the measures introduced is difficult to assess due to a lack of an evaluation system. The number of arrests (recently made in Côte d Ivoire, Senegal, Guinea Bissau and Gabon) of foreign vessels engaged in IUU fishing, or the number of judicial prosecutions does not make it possible to measure the effectiveness of the MCS, as these actions do not indicate what is the level of compliance with the regulations, whereas it is this degree of compliance that truly measures the effectiveness of an MCS system. Background document, page 17

18 Regional initiatives have strengthened the capacities of some countries in the region in terms of maritime safety. Collaboration between the United States and the following countries, Côte d Ivoire, Sierra Leone and Liberia, tries to provide security to reduce piracy, drug trafficking and illegal fishing in the region. Liberia and Sierra Leone have already assisted in monitoring their waters by the US Navy. Air and sea surveillance of Liberia is made in collaboration with the United Nations Mission in Liberia (UNMIL) and the Coast Guard but because of limitations in the range of available ships, only one patrol boat near the coast is available Declaration of entry and departure of vessels from the EEZ The declarations of entries and exists of fishing vessels are provided for by the Code of Conduct for Responsible Fisheries, the guidelines Port State measures. These control measures are included in the fisheries regulations of all countries in the region. This is specifically the case of communication to the coastal state authorities of entries and departures from the EEZ by foreign fishing vessels licensed to fish. Their implementation gives rise to reports about administrative constraints related to the minimum duration of prior declaration and the difficulty of ensuring an appropriate monitoring system. Cross-border incursions are commonly practiced by artisanal and industrial fishermen without any declaration of entries and departures being made to the coastal state authorities. For example, between Mauritania and Senegal, despite regular efforts and contacts between the two countries ailing at counteracting the IUU fishing practice, IUU tends to persist. This is also the case of artisanal and industrial units from Ghana who make incursions into the waters of neighboring countries, namely Benin, Côte d Ivoire, Togo and Nigeria. Regarding the type of tuna agreements between the EU and African countries (Cabo Verde, Gabon, Côte d Ivoire, Liberia, Sao Tome), the entrance and departure of Community vessels in the fishing area can be made without any restriction through any access point provided that the Community vessel informs the coastal state through its fisheries organization of its entrance and departure by communicating the details of fisheries products on board (quantities and species). This allows both a control of fishing activities, and the ability to collect scientific data, including doing the cross-checking of catches. Without having informed in advance the competent authority of the coastal State (6 hours under the EU-Senegal Fisheries Agreement and 3 hours before the entry / exit from the zone for the case of the EU-Côte d Ivoire Agreement), the vessel caught fishing in the seas is considered as a vessel fishing without authorization and is liable to the penalties provided for by national law. In the case of Sierra Leone, the laws and regulations provide to communicate information about entry of vessels in its waters hours prior to the entry with the inspection of the vessel before leaving the EEZ Rules governing the transshipment at sea of catches The control and monitoring of transshipments are guidelines that are part of the Port State measures. The regulation of transshipment at sea is not harmonized at the country level in the area. Transshipment restrictions do focus on prior declaration, mention the presence of a scientific observer, and are limited to one port in particular. Overall, transshipment at sea remains prohibited for several countries including Angola, Mauritania, Cabo Verde, Namibia, Gambia, and Guinea. On the other hand, Senegal, Sierra Leone and Benin authorize at-sea transshipment subject to prior authorization, and Guinea Bissau authorizes it without any specific binding restriction. In Côte d Ivoire, a prior declaration is needed for transshipment that is being carried it within the port or within the roadstead of the port. The respect of this measure remains linked to surveillance capacities of ATLAFCO countries. Practices of foreign vessels practicing illegal transshipment activities in waters under national jurisdiction and in the high seas or outside authorized zones are identified in countries in West Africa: Liberia, Guinea Background document, page 18

19 Bissau, Sierra Leone, Guinea, and Gabon. The weak capacities to host and treat the ships in the harbors of these countries encourages fishing vessels to illegally transship at sea. In the case of ICCAT 19, the control of transshipment is made by prior notification of the operation in a port and by the presence of observers on board during the operation. Within the fisheries agreements between the EU and third countries, the rules governing the transshipment of catches by a Community vessel specify that the transshipment must be carried out at the port or/and roadstead of the harbors. Transshipment requires prior notification and the delivery of the catch declarations. This measure remains generally marked by administrative delays VMS system and monitoring of fishing activities The VMS (Vessel Monitoring System) helps locate fishing vessels by satellite and thus determine when they enter the protected or prohibited areas. For a vessel to be monitored by satellite, it must have on board a satellite data transmission transponder. The data ("VMS" data) collected by the monitoring centers include, among other things: the identification of the vessel, the date and time of the vessel's position, the course and the speed. These data are transmitted by the tags placed on vessels on a regular basis according to the legislation of the flag state or coastal State. However, the use of satellite monitoring of fishing vessels is not widespread because of legal constraints (lack of legal framework for the establishment of a satellite monitoring of ships, all flags combined), and lack of means and staff for handling and monitoring. Guinea-Bissau does not have a VMS system and in the COREP area 20, except Gabon there is virtually no operational VMS and there is a lack of strict regulations on fishing vessels. In other cases such as Côte d'ivoire, the fisheries monitoring center is no longer operational: the VMS receiving antenna does not function since Currently, only a few countries do apply this measure to their industrial fleets: Angola, Cabo Verde, Guinea, Gabon, Ghana, Namibia, Mauritania, Morocco, Senegal, and Sierra Leone. In the context of fisheries agreement with the EU, Community vessels are required to use VMS in accordance with the EU regulations of Ship monitoring is also carried out in some countries of the area by the automatic identification system (coastal AIS).This tracking system makes it possible to identify, locate and track at a low operational price the movements of a ship (cargo, fishing vessels, etc.) with high frequency positions. This system is designed to monitor tuna fishing activities in Liberia for example. This system has been proposed to monitor the activities of industrial fishing in Gabon. It is also used in Mauritania to monitor industrial fishing activities. Background document, page 19

20 Table 2.3: Implementation status of control measures Devices Instrument / framework Country observations Declaration of catches Declaration of entry and exit of fishing vessels from the EEZ Use of vessel identifiers. Rules for the transshipment at sea of catches Port State measures FAO Code of Conduct Port State Control measures. FAO Code of Conduct. Port State control measures. Port State Measures; Restrictions on transshipment. Catch declarations are not yet mandatory and the medium to be used for such declarations is not specified. ICCAT recommends declarations of catches on a physical medium for the lists of authorized vessels. The Declarations of entry and exit of fishing vessels provided for by the fisheries regulations of the countries of the zone. Almost exclusively reserved for industrial fishing vessels. ICCAT, FPA with the EU. Prior declaration required. Limited to ports and / or harbors : prior notice required: At-sea and dockside transshipments are subject to a licensing regime (Sierra Leone, Côte d'ivoire, etc.) Banned at sea as is the case in Angola, Mauritania, Cabo Verde, etc. Transshipments are subject to prior authorization, as is the case in Senegal and Background document, page 20 This are measures targeting mainly authorized foreign ships and also in other cases onboard catches by industrial vessels, as is the case in Guinea. In 2013, Ghana was pinpointed for having failed to report data, for dysfunctions in terms of control of fleets, for noncompliance with the fleet capacity limitation requirements (in addition to bigeye tuna overfishing (for the period) (Recommendation 05-09) Zone still largely marked by illegal incursions in the waters under jurisdiction, due to weak surveillance systems. Also practiced by artisanal fishing activities; between Senegal and other coastal States, Ghana and other coastal states even within the industrial fleet; fraudulent and recurring incursions of boats are reported. For example, between Mauritania and Senegal, despite regular exchanges between the two countries to counter the IUU fishing practice, such a practice tends to persist. This is also the case of Ghana units that make incursions in the waters of neighboring countries: Benin, Côte d Ivoire, Togo and Nigeria. The West Africa area is still the target of pirate ships bearing no identifying mark or with hidden or forged identification, using prohibited fishing gear, vessels not listed on the National Register of Ships, vessels on the black list of the EU's IUU vessels Many countries prohibit the transshipment without prior authorization. However, compliance with this measure remains linked to the monitoring capacities of the ATLAFCO countries. Illegal ship transshipment activities outside the authorized zones are observed in countries in West Africa: Liberia, Guinea Bissau, Sierra Leone, Guinea, and Ghana. In the case of ICCAT, the control of transshipments is made by prior notification of the operation in a port and the presence of observers on board during the operation. In the case of FPAs, the rules governing the transshipment of catches by a Community vessel specify that such a

21 Devices Instrument / framework Country observations VMS system and monitoring of fishing activities Control at Sea The data collected ("VMS" data) by monitoring centers deal - among others - with: the identification of the vessel, the date and time of the vessel's position, the course and its speed. These data are transmitted by the transponders placed on vessels on a regular basis according to the legislation of the flag state or of the coastal State. Port State Measures as well as the Agreement on "Straddling stocks". Benin, or prior declaration necessary in Côte d'ivoire. VMS is not yet widespread. For many countries in the region, there is no legal framework for the establishment of a satellite tracking of ships (all flags combined).in other countries like Côte d'ivoire, central monitoring of fisheries is no longer operational: the VMS receiving antenna no longer works since 2010 VMS is mandatory for EU fleets fishing under PPA. Currently, only a few countries apply this measure to their industrial fleets: Angola, Cabo Verde, Guinea, Gabon, Ghana, Namibia, Mauritania, Morocco, Senegal, Sierra Leone. Naval and air assets depend on the capabilities and national efforts at the subregional level: SRFC, SADC. transshipment must be done at the port or / and in the roadstead of harbors. Transshipment requires prior notification and submission of catch declarations. This measure remains generally marked by administrative delays. This system makes it possible to locate fishing vessels by satellite and thus determine when they enter the protected or prohibited areas. This does not preclude refrigerated cargo ships from landing their illegal shipments in some ports (Conakry in particular). ICCAT requires since 2004 that fishing vessels tracking tuna data (all flags combined) by satellite be transmitted every 6 hours to their national fisheries monitoring centers - requirement for vessels more than 24 meters long overall - (Recommendation 03-14). Consultations between the Contracting Parties and Cooperating non-contracting Parties to ICCAT for the shift to a transmission frequency of every two hours (initiative proposed by the United States in April 2012). The EU has developed in 2003 a regulation to generalize the use of satellite monitoring of fishing vessels. The ship monitoring is also carried out in some countries in the area by the automatic identification system (AIS coastal).this system is designed to monitor tuna fishing activities in Liberia for example. This system has been proposed to monitor the activities of industrial fishing in Gabon. It is also used in Mauritania to monitor industrial fishing activities... This measure is limited by the lack of patrol boats or their bad operating condition. The monitoring of offshore vessels in the case of FPAs with the EU is made by satellite by the Flag States. Source: own development. Background document, page 21

22 2.2.3 Surveillance The effective implementation of annual plans for fisheries surveillance (notably in Mauritania, Senegal, Cabo Verde, Gabon, Morocco, Namibia, and Angola) with appropriate monitoring programs that allow them to maintain a presence at sea is still partial. Some countries (Côte d'ivoire, Gabon, Guinea and Sierra Leone) conducted the evaluation of the monitoring system with a view to carrying out an equipment plan and to strengthening monitoring. Nonetheless, the implementation of the monitoring plans, in particular the sea patrols, is not made on a regular basis and depends heavily on the means available and on particular fisheries (including foreign fisheries). They generally focus on control priorities based on available resources. In addition, these monitoring plans do not necessarily rely on the resource management plans, which does not make it possible to make the monitoring activities more rational and consistent (surveillance of demersal fisheries, tuna fisheries, etc.). The evaluation of the necessary budget for the implementation of these MCS actions and operations is not up-to-date either. In other cases such as in the DRC, Benin, Cameroon, and Nigeria, there is no annual national control plan or its equivalent. In terms of equipment, capabilities between countries in the region are disproportionate (including in terms of naval aviation resources and monitoring structure) and do differ in operational terms. Thus, in many cases, the equipment available for monitoring does not correspond to the goals of the defined plans, and vessel resources of the ministry in charge of fisheries do not make it possible to cover the entire coast as is the case in Sao Tome, DRC, Cameroon, and Congo. The only available monitoring devices are sometimes the portable GPS, scales, flat gauges (for measuring mesh trawls and purse seines, and nonfunctional life jackets), and on the other hand the specific technical equipment needed to carry out checks at sea is not available. The absence or weakness of sea surveillance and response capacity contributed significantly to maintain the illegal activities in West Africa particularly in the Gulf of Guinea area. Moreover, in the absence of regular maritime patrols and thus of shipboard inspections, of onboard observers and of operational VMS systems, national authorities in charge of monitoring have only partial knowledge of the actual activity of fishing vessels operating in their waters. This is the case even in Gabon, DRC, Cameroon, Côte d Ivoire, Nigeria, Benin, Sierra Leone, Sao Tome, and Equatorial Guinea. Thus, three scenarios exist depending on the capacity and the resources of the countries of the ATLAFCO area to conduct surveillance operations: Good capacities and monitoring resources ; Capacities and means of surveillance are average or under development; Low capacity, or even lack of adequate monitoring means. Moreover, common geographical monitoring problems remain across countries in the area (see Chapter 3.2) due to problems of delimitation of the maritime boundaries, making difficult monitoring activities as well as creating harmonization obstacles including the monitoring procedures in the gray areas 21. From the operational standpoint concerning the control of fisheries, the EEZ boundary conflicts and territorial claims (Gabon and Equatorial Guinea, Côte d Ivoire and Ghana, Angola and DRC, Cameroon and Nigeria, Benin and Nigeria) pose specific coordination problems. At the regional level, joint surveillance operations are started mainly within the SRFC countries. The countries of this area do develop harmonization program for the monitoring operational procedures and a plan to strengthen surveillance equipment. Joint surveillance activities are also carried out through its Coordination Unit (UCOS) based in The Gambia. Joint surveillance planning attempts between Liberia and Cote d'ivoire were discussed in 2014 without being realized. Namibia has made progress in terms of MCS and in terms of monitoring in particular. It has adequate air and naval monitoring capacities and means and its experience is therefore interesting. This country Background document, page 22

23 has put in place an integrated program of inspections and patrols at sea, on land and in the air to ensure the continued implementation of the Namibian fisheries laws. Thus, within ports, in Walvis Bay and Lüderitz, the coverage by observers reached 100% of the activities. Its MCS is reinforced by the VMS system, a computerized system that make it possible to control ship movements from Walvis Bay, the compliance with quota limits, and the payment of associated fees. In addition to the observer program, Namibia has two surveillance aircrafts in order to detect and deter fishing vessels that do not have licenses, and track the movements and operations of vessels with a fishing license. Coastal patrols conducted by three patrol vessels ensure monitoring of coastal resources targeted by recreational and commercial fishermen National and regional observer program The onboarding of observer on ships 22 depends on the regulations in force within the ATLAFCO countries. Apart from rare cases such as DRC and Benin, because of the absence of local fishery industry, this measure is provided for by the regulations of the countries of the zone. However, its implementation is limited by technical, financial and regulatory obstacles: Absence of trained and available observers within several countries (Gabon, Congo, Sao Tome, Cameroon, and Benin) ; No exact definition of missions: scientific component and / or component of compliance with technical measures, monitoring of all on-board operations, verification of catches, discards, dips, gear and validity of the required documents. No national program of observers on board foreign vessels (trawlers and tuna boats in particular) that are illegally operating in waters of several countries such as Benin, Togo, and Nigeria. Ghanaian tuna vessels fishing in the waters of these countries do not report information and there is no control on the use of mesh sizes in the codends of trawlers, nor in the fishing grounds due to the absence of onboard observers. The laws and regulations do not impose on ship owners to embark observers but requires his agreement. This is particularly the case in Cameroon. In Congo, the boarding is made at the request of the administration and is required on Congolese ships and foreign ships. In other countries, it is the status of observers that is not specified. The financial terms of payment for observers: payment of observers through the ship owner, by the authorities or by the owner through the administration. These conditions have an impact on the observer s mission. External financial pressures can encourage observers to close an eye on the vessel's fishing practices. Overall, the implementation of national observer program is not generalized both to countries in the area and to all fisheries or flags combined. The implementation is in almost most cases (except in Namibia, Angola, and Morocco) applied to vessels flying foreign flags particularly European flags 23 and to tuna fisheries in accordance with ICCAT s recommendations. In the case of tuna fisheries, the ICCAT observer program requires the presence of observers on all vessels of more than 20m, observers of operations and scientific observers; and an observer program during transshipments. However, this possibility is not currently used in Gabon and Sao Tome (countries having tuna fisheries agreements with the EU), since industrial vessels, whether seiners or longliners, perform only part of their work in the EEZ, which requires to provide specific procedures for anticipating shipments in other ports. On the sub-regional level, the SRFC, through the Convention on the Minimal Conditions for Access (MAC) sets the framework for the principle of boarding sailors and national observers but does not yet have a specific observer program. Background document, page 23

24 Monitoring Structure & Equipments Several countries in the ATLAFCO area have a Fisheries Monitoring Centre (FMC) that aims to work with partners from other government administrations in the operational field of maritime surveillance. Overall, these structures are organized in three forms: FMC under the aegis of the Ministry of Fisheries but working relatively independently and having monitoring facilities and equipments (speedboats, VMS). This is the case in Cabo Verde, Senegal, Guinea, Mauritania, Namibia, Angola, and Guinea-Bissau. FMC as a unit reporting to the Fisheries Directorate, as is the case in Côte d'ivoire, Morocco, and Benin; Interdepartmental committee made up of representatives of the Navy, Defense and of inspectors of the Ministry of Fisheries, as is the case in Sierra Leone. Other countries do not have the supervisory structure with operational functions. This is particularly the case of the Gambia, Congo, Cameroon, DRC and Equatorial Guinea. The Navy or the National Defense is responsible to ensure the monitoring of fishing vessels. Liberia relies on the MCS interagency Joint Committee and on a new National Fisheries Surveillance Centre, The ATLAFCO area is still marked by weak national MCS structures (lack of air and sea surveillance means; lack of efficient and operational means of communication and detection / vessel monitoring system; poor level of specialist staff involved in the MCS) process. Some countries do not have at-sea surveillance means or a monitoring system or satellite vessel as is the case for Sao Tomé, Benin, and DRC. The only elements making it possible to have a clear view of the presence of industrial vessels are currently the messages of entry and exit from the zone and the logbooks that these vessels must forward to the authorities. The Coastguards sometimes have a light surveillance speedboat that may intervene at sea for CMS missions. Currently, thanks to the efforts made by several countries (thanks to ICCAT programs, and thanks to the fisheries agreement with the EU mainly), some equipment investments are observed in Gabon, Guinea Bissau, Liberia, Guinea and Angola. On the regional level, SRFC has implemented a capacity building program for the MCS structures (infrastructure, equipment and training) and for conducting joint surveillance operations, allowing its member states to pool their human and operational resources. This program deals with the radar hardware equipment, VMS, GPS, radio equipments, as well as with a development plan for observers having regional jurisdiction, MCS database, and financial sustainability for surveillance operations. Its subregional coordination mechanism of the operational activities includes: a radio communication network; a coastal monitoring system, patrol boats + aircrafts. Background document, page 24

25 Table 2.4: Status of implementation of the surveillance measures Systems Instrument / framework State implementation observations National and regional observer program UNCLOS Paragraph 4 "... the coastal State may subject the practice of fishing with: (c) board observer on board ships. All Eurozone countries have regulations allowing to board observers and sailors. Some countries in this case, Benin, Sao Tome, DRC have not passed. In other cases, the regulations do not require boarding as is the case in Cameroon Monitoring structures Measures of port state, CCPR All countries have no supervisory structure and when this one exists, it is not always functional. Very few policy instruments for surveillance at sea: some stars and no aircraft However, significant efforts are observed in several countries: Angola, Namibia, Mauritania, Senegal, and Cabo Verde. weak national structures MCS (lack of air and sea surveillance means; lack of means of communication and efficient detection and operational / vessel monitoring system; low level of specialist staff involved in the MCS process);weakness or absence in some countries coastguard, port inspection system and legal certification of fisheries products Regional protocol for exchanging data and information The Agreement on Port State measures. (EC) Regulation number 1005/2008 establishing a Community system to prevent, deter and eliminate IUU fishing constitutes an essential element of the system of trade between the EU and third countries. Low level of exchange of data and information. Nonhomogeneous means. The sub-regional coordination mechanism set up by the SRFC focuses on the command room (DMCSA) to which are connected the operation rooms of the MCS entities of the following countries: Senegal, Cabo Verde, Mauritania, and Guinea. The Abuja Memorandum of Understanding Joint activity of MCS / partnerships Partnerships to support the MCS of the ships are mainly to strengthen coordination with the concerned authorities (navy, defense). MCS limited joint activity, lack of protocol between countries for conducting tandem operations. SRFC organizes joint surveillance operations in the waters of its Member States MCS joint operations including aerial surveillance supported by marine operations within SRFC countries. The development plan provides for 20 subregional air-sea operations and 56 bilateral control of fisheries are planned and conducted; Source: own development. Background document, page 25

26 3 Sub-regional cooperation mechanisms and initiatives under way 3.1 Regional Initiatives Memorandum of Understanding on the control of ships by the port State The Memorandum of Understanding on Control of ships by the Port State in the West and Central Africa Region (Abuja Memorandum of Understanding) was signed in Abuja, Nigeria, on October by representatives of sixteen coastal States of the African Atlantic facade: Angola, Benin, Cameroon, Cabo Verde, Republic of Congo, Côte d Ivoire, Gabon, Ghana, Republic of Guinea, Equatorial Guinea, Liberia, Mauritania, Namibia, Nigeria, Senegal, Sierra Leone, South Africa, Sao Tome and Principe, Democratic Republic of Congo, Guinea Bissau, Gambia, and Togo. The MoU consists of a Ministerial Conference, a Committee and a General Secretariat. The Abuja Memorandum of Understanding is the legal instrument by which its Member States have agreed to develop and implement a common mechanism for the activities of the Control of ships by the Port State. The main activity of this instrument is the harmonization of practices and procedures of control by the Port State in all countries of the region, aiming at dismantling the operation of ships not meeting the standards in this region in order to ensure the maritime safety and security, the protection of the marine environment, the improvement of living conditions and working conditions of ships' crews, the facilitation of regional cooperation, and the exchange of information between Member States. This instrument confirms the efforts made by African countries on the Atlantic coast to the implementation of control measures by the port State, long before the establishment of the FAO Agreement 2009 on Port State Measures. This instrument is an important and practical system, whose efforts are recognized by the International Maritime Organization. Several activities 24 are organized by this instrument, including: Information system of the Port State inspectors Agreement on data exchange Inspectors training Harmonization of procedures and control of ships by the Port State Convention for Cooperation in Protection and Development of the Marine and Coastal Environment of the West and Central Africa (Abidjan Convention, 1981) This Convention aims to prevent, reduce, combat and control pollution in the marine and coastal areas, especially pollution from ships and aircraft, including that related to the exploration and exploitation of the seabed and its basement (marine litter, post-catch discards, destruction of marine habitats, etc.). The Convention covers 22 African countries from the Atlantic coast of South Africa to Mauritania and entered into force in The Abidjan Convention is developing several initiatives aiming at: The limitation of the exterior limits of the continental shelf in accordance with Article 76 of UNCLOS; The fight against IUU fishing; The establishment of a network of protected marine areas; Background document, page 26

27 3.1.3 WAEMU Directives These directives are the following: the Directive establishing common rules for the sustainable management of fisheries resources in the WAEMU Member States and the Directive establishing a common system for Monitoring, Control and Surveillance (MCS) of fisheries within the WAEMU area. They have been covering in recent years the harmonization of policies and laws of the Member States relating to fishing. WAEMU, through its Consultative Committee on Harmonization of Policies and Laws of the WAEMU Member States on Fisheries and Aquaculture (ACFA), initiated in 2010 draft Rules for the Harmonization of Legislation on fisheries and aquaculture. WAEMU has adopted two Directives already in force. These are the: Directive establishing the common system of sustainable management of fishery resources in the WAEMU member States; Directive establishing a common system of Monitoring, Control and Surveillance (MCS) of fisheries within the WAEMU area The African Convention (AU) on the Conservation of Nature and Natural Resources (Maputo Convention, 2003) The African Convention on the Conservation of Nature and Natural Resources requires the regulation of access to (fisheries) resources by a licensing scheme and the adoption of conservation measures (introduction of rest periods, temporary or localized ban on exploitation activities, banning destructive techniques, and abandonment of gear in the natural environment). Pursuant to Article 1, the Convention applies: To all areas that lie within the limits of national jurisdiction of any Party (paragraph 1); and To the activities undertaken under the jurisdiction or control of any party whatsoever within the area under its national jurisdiction or beyond the limits of national jurisdiction (paragraph 2). The Convention establishes a fundamental obligation in its Article 4, notably the obligation to take and implement preventive measures to improve environmental protection, promote conservation and sustainable use of natural resources, and harmonize and coordinate policies in these areas. These measures should allow in accordance with the precautionary principle and, among others, in accordance with the obligations of States, individually and collectively, to realize the right to development and to ensure that the needs in terms of development and environment are satisfied in a sustainable, fair and equitable manner (Article 3). Article 9 requires Parties to maintain and enhance the diversity of marine species located only in areas under the jurisdiction of a State Party, including through the implementation of conservation and sustainable use policies. Particular attention will be given to species with social, economic and ecological value. 3.2 Regional cooperation The International Commission for the Conservation of Atlantic Tunas (ICCAT) ICCAT is the regional fisheries management organization for highly migratory species (tuna and related species) of the Atlantic Ocean and of its adjacent seas (like the Mediterranean Sea) (see the diagram below) 25. The Contracting Parties and Parties Cooperating with ICCAT adopt with the organization conservation measures and measures for the management of fisheries of Highly Migratory Species through resolutions and recommendations on: (i) total allowable catches (TACs) per species based on the opinion of its Scientific Committee (SCRS), (ii) coordination of research (including Background document, page 27

28 collection and analysis of fisheries statistics) on species it manages, (iii) regional observer programs, (iv) and the collection and exchange of information on fishing activities and tuna fishing (including IUU fishing activities). Figure 1: geographical coverage of ICCAT Source: ICCAT Two levels of compliance shall apply to the contracting parties for ICCAT management measures. The first level is that of the resolution that encourages the parties to comply with the rules but does not require strict compliance with these rules. The second level, that is more restrictive, is the recommendation that requires the contracting parties to respect the rules laid down, but also to take all measures required for the proper implementation and monitoring of these rules in their EEZ and on board of ships flying the flag of the Member-State on the high seas. The Member States not complying with these recommendations may face trade sanctions. The ICCAT management measures may be split into two groups: the first concerns measures to prevent IUU fishing; the second brings together the technical fisheries management measures (TACs, limitation of the fishing effort or capacity, minimum size, etc.). Measures to prevent IUU fishing include: IUU lists published (Recommendation 09-10) and positive lists (09-09); Satellite tracking of fishing operations 26 through VMS (07-08), by declarations in (03-13; 11-01) and by the observers aboard 27 during the time and area closures for bigeye and yellowfin (11-01) documentation of trade that requires every commodity exchange operation to be the subject of a certified notification (03-19); the documentation of exchanges ensures traceability of products from catch to the final destination of the products; and the control of transshipments by prior notification of the operation in a port (05-06) and the presence of observers on board during the operation (10-10). Background document, page 28

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