SPEAKING NOTES FOR THE HONOURABLE SENZENI ZOKWANA, MINISTER OF AGRICULTURE, FORESTRY AND FISHERIES. PRESS CONFERENCCE ON FOREIGN FISHING VESSELS 14 MAY 2016 Media Houses, Ladies & Gentlemen, Good Morning South Africa is a signatory to a number of international and regional agreements that govern how we manage and regulate marine resources as well as activities that take place within the marine environment. We are signatory to The United Nations Convention on the Law of the Sea. The Conventions binds South Africa to provide for right of innocent passage to fishing vessels that passes through our territorial waters. Innocent passage may include stopping and anchoring if necessary, but only in so far as there are incidents that necessitate deviation from ordinary navigation or necessary as a result of natural disaster such as very bad weather, distress or for the purpose of rendering assistance to other vessels in danger. Under normal circumstances, when a fishing vessel has been granted right of innocent passage, transit should be continuous and prompt. Any foreign fishing vessels wishing to enter South Africa s Economic Exclusive Zone (EEZ) for commercial or economic reasons, it is required to apply for and be issued with a Permit to Enter the Exclusive Economic Zone and to be in a Possession of Fishing Gear. 1
DAFF picked up a fleet of foreign Vessel through our Vessel Monitoring System Centre which were steaming within the South African Territorial Waters around Port Edward heading south towards Eastern Cape. The Vessels were continually monitored as they were heading towards Bird Island as a convoy at a speed of 10 Knots. One of our fisheries protections Vessel was activated to intercept and inspect the Vessels. At the time of interception, the sea weather conditions were harsh therefore it was not safe for the Inspectors to launch their Rubber Duck so that they could board the foreign fishing Vessels. A radio interrogation was conducted by the inspectors on board the Patrol Vessel and it was established that the fleet of Vessels were sailing from China heading to the Congo. It was further noted that the Vessels were new and purchased by the Angolan fishing company therefore they we on their way to be delivered. At this stage the inspectors were satisfied with the information gathered and there was no reasonable suspicion not to allow them to proceed, however we had to keep monitoring them. Before a permit to enter the Exclusive Economic Zone and be in Possession of Fishing Gear could be processed and issued, the Department is required to verify vessel information and history with the relevant Regional Fisheries Management Organisation (RFMO) whether the vessel is authorised to fish in the high seas, in the area under their jurisdiction and also verify against the IUU vessel list which is provided by all the RFMOs and lastly to verify whether the vessel has a fishing license from the flag state. The permit to enter South Africa s economic exclusive zone is subsequently issued by the Department on the understanding that all fishing activity pertaining to marine products on board the approaching vessel has been caught in accordance with the management and conservation measures of the relevant Regional Fisheries Management Organisation. 2
If the above-mentioned conditions are not met, the Department will refuse entry to a vessel wishing to enter South Africa s Economic Exclusive Zone (EEZ) and subsequently access to port. The vessels in question have neither engaged the Department to indicate their right of innocent passage nor applied for a permit to enter South Africa s water space. Upon further monitoring of these Vessels by our department, when they were around the Southern Cape it was noted that they had split to form two groups heading to different directions. That raised suspicions, as a result the Fisheries Protection Vessel, which was patrolling within the Western Cape, was dispatched to intercept the fleet. The vessels were intercepted on Thursday 12 May 2016, at approximately 12H00 and were instructed to proceed to the nearest port in order to conduct a total rummage to the vessels which would allow participation by the other law enforcement agencies. Initially the vessels cooperated; however, as they were along the way stopped, and informed the patrol vessel that they were communicating with the owner of the vessels. Eventually the vessels stopped cooperating at all and they switched off their Engines until sunset, and when they started their engines they did not communicate with the Inspectors, they started steaming towards the west at an increasing speed. The Inspectors on board the patrol vessel enquired through the radio as to what was going on, and no response was received, but rather the vessels continued to increase the speed and they steamed with 10 knots to different directions and switched off their Automated Identification System, and the navigational lights. That made it difficult for the Fisheries Protection vessels to detect which direction they were heading, but managed to chase and catch up with one of them and escorted it toward Cape Town and these arrived this morning around 03h00 AM. 3
All the law enforcement Agencies at Port of Entry Control Centre (PECC) have been activated to participate in the rummage of the Vessel which will commence as soon as the vessel has been docked. There have been delays with the docking due to heavy fog. The current charges that the vessel will be facing are entering the South African Exclusive Economic Zone (EEZ) without the required permit and disobeying lawful instructions by a fishery control inspector. Further charges will be determined once the vessel has been fully inspected by all law enforcement agencies including possible charges relating to the vessels that have escaped. Aquaculture and Marine protection remain our focus under the Oceans Economy project ensuring that our resources are sustainably managed to grow our economy for the benefit of all South Africans. As an indication that we are serious in curbing Illegal, Unreported, and Unregulated (IUU) fishing, South Africa has in February ratified the United Nations Food and Agriculture Organisation (FAO) Agreement on Port State Measures to prevent, deter, and eliminate illegal, unreported and unregulated fishing. IOTC and CCSBT as Regional Fisheries Management Organizations ( RFMOs ), require us to share and exchange information in respect of Illegal, Unreported and Unregulated fishing with other RFMOs and Member States. I wish to thank the role and assistance by the Joint law enforcement partners especially those that are housed at the Port of Entry Control Centre. We also want to thank members of the public who continue to report to the Department through our anonymous tipoff line, any suspicious fishing activities at sea. Furthermore, we are a party to SADC Protocol on Fisheries which is in the process of integrating its Southern African Regional efforts of sea based Vessel Monitoring Systems. Currently the navy has also deployed a ship to continue monitoring the rest of the vessels that left our water space. 4
We have also notified the Namibian and Mozambican governments on the possibility of these vessels entering their water space, and we can assure you all that our neighbours are also on high alert. END 5