This is the final version of the report approved on 30 January 2004 in Kenya by the Third Intergovernmental Consultation on the Establishment of a Southwest Indian Ocean Fisheries Commission.
Distribution:
Participants in the Session
Other interested nations and
international organizations
FAO Fisheries Department
Fishery Officers in
FAO Regional Offices
1. The Third Intergovernmental Consultation on the establishment of a Southwest Indian Ocean Fisheries Commission was held at the United Nations Offices, Gigiri, Nairobi, at the kind invitation of the Government of the Republic of Kenya, from 27 to 30 January 2004.
2. The Consultation was attended by delegates from Australia, Comoros, Egypt, European Community, France, Italy, Japan, Kenya, Mauritius, Mozambique, Namibia, New Zealand, Seychelles, Somalia and Tanzania. Representatives of the World Conservation Union (IUCN), the Norwegian Agency for International Development (NORAD), the Swedish International Development Cooperation Agency (Sida) and the United Nations Development Programme (UNDP) were observers to the meeting. The list of delegates and observers is given in Appendix C.
3. The Minister of Livestock and Fisheries, The Honourable Joseph Munyao, welcomed the delegates to Kenya and officially opened the Consultation. The statement of the Honourable Minister is attached as Appendix D to the report.
4. During the opening ceremony, Mr Bruce Isaacson, the FAO Representative in Kenya, made a statement on behalf of the Director-General of FAO, Mr Jacques Diouf, the Assistant Director-General, Fisheries Department, Mr Ichiro Nomura, and the Subregional Representative for Southern and Eastern Africa, Ms Victoria Sekitoleko.
5. Mr Isaacson recalled that the Consultation was based on FAO Council Resolution 1/116 of June 1999 which noted the wishes of the former Southwest Indian Ocean Committee and authorized the Director-General to convene ad hoc meetings to facilitate the establishment of a regional fishery body. He outlined the important outcomes from the last consultation in Madagascar, September 2001, where three major substantive issues still needed to be resolved for further progress in the consultations. Avenues for further progress had been provided by participants to the secretariat in the intervening period so that this consultation could proceed with a renewed enthusiasm. He noted the need for management arrangements for deep-water fisheries in the southern part of the proposed zone of competence. He further noted the wishes expressed by developing coastal States to contribute to responsible management and utilization of resources and improve the livelihoods of the people in the region. Mr Isaacson referred to the detrimental effects of illegal, unregulated and unreported fishing on the stocks of fish on the high seas as well as within the EEZs of coastal States and that this should be addressed by the regional fishery body/arrangement under discussion. He reassured delegates of the availability of FAO to continue to work with the States throughout the establishment of the body.
6. As recommended at the last Consultation, the host country acted as honorary Chairperson for early items on the Agenda. The meeting deferred the adoption of the Agenda until after the election of the permanent chairperson. The Secretary explained the arrangements for the Session.
7. The delegation of Mauritius made a reservation on the possibility for a State to become a party to any instruments from this consultation on behalf of the Chagos Archipelago and Tromelin which form part of the State of Mauritius as asserted by it over the years and as specified in the Constitution of the Republic of Mauritius.
8. The delegation of France made a statement specifying that it was represented as a coastal State representing Indian Ocean islands under its sovereignty and which are not covered by the European Union Treaties. This includes, in particular, the island of Tromelin. France also has interests in high seas fisheries. The delegation highlighted the work of the last two consultations and the need for the present consultation to work closely in a spirit of cooperation.
9. The meeting was informed that the third intergovernmental consultation was due to be held in mid-2002 but was halted awaiting confirmation of hosting by South Africa. In view of other hosting commitments especially the World Summit for Sustainable Development, South Africa informed FAO in November 2002 that it was unable to host the consultation. The FAO Secretariat invited other participating countries to host the third consultation.
10. It was recalled that an informal meeting was held after the Committee of Fisheries (COFI) in Rome, February 2003, which was attended by delegates from Australia, China, Comoros, European Community, France, Japan, Kenya, Korea (Republic of), Mauritius, Mozambique, Namibia, New Zealand, Seychelles, Spain and Tanzania. At the informal meeting, responses on avenues for progress and nominations for permanent chairperson were circulated. Nominations for permanent chairperson had been received from Madagascar and Tanzania. The informal meeting discussed the venue and date of the next consultation, the nominations of permanent chairperson and aspects of the agenda that would need to be included in the next consultation. At that meeting participants noted with appreciation that Kenya was considering to host the next consultation either in early September 2003 or late January 2004.
11. Following the informal meeting in Rome, Tanzania withdrew its nomination and the European Community nominated a candidate for permanent chairperson. A proposal on avenues for progress was received from South Africa. The FAO Secretariat produced an assessment, in light of the proposals received, of possible options regarding issues central to the negotiations for the establishment of a Southwest Indian Ocean Fisheries Commission. The selection committee reviewed proposals on the terms of reference of the permanent chairperson and the inclusion of a fifth member of the selection committee.
12. Early in December 2003, Kenya confirmed its offer to host the consultation in late January 2004 which was gratefully acknowledged.
13. Australia as chairperson of the selection committee gave a review of the selection process undertaken and the consideration of the committee of proposals from Japan and Tanzania on the Terms of Reference for the permanent chairperson (SAFR/DM/SWIO/04/3).
14. The Consultation was informed that only one candidate was available for election. A second candidate had not received the endorsement of his government. There had been no need to include other members as part of the selection committee. The report was unanimously accepted.
15. The candidate, Ms Fuensanta Candela-Castillo (European Community), was elected as permanent chairperson by acclamation and will chair the current and subsequent intergovernmental consultations on the establishment of regional fishery bodies the South West Indian Ocean. The following office bearers were elected unanimously for this consultation:
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Vice-Chair: |
Kenya (Mrs Nancy Gitonga) |
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Rapporteurs: |
France, New Zealand |
16. The agenda shown in Appendix A was adopted. The documents made available to the Consultation are listed in Appendix B.
17. The last consultation called on participants to provide the Secretariat with views, in writing, on avenues for progress on the three issues central to the negotiation process (refer to paragraph 20).
18. Proposals on avenues for progress had been received from Australia, European Community, France, Japan, Kenya, Mauritius, New Zealand, Seychelles, Tanzania and the United Kingdom (SAFR/DM/SWIO/04/03). Participants that had not made proposals could provide these to the Secretariat during the consultation. Any changes to previous proposals would also be taken.
19. Before proceeding with the work of the Consultation, Mr Ross Shotton, FAO, Rome informed the meeting of the character and outcome of the international conference on management and governance of deepwater fisheries, DEEPSEA 2003, which was held in Queenstown, New Zealand, in December 2003. Of particular concern were the threats to deepwater fisheries and the vulnerability of these resources. It was a well-accepted conclusion that more effective means of governance are required if these fisheries are to be sustained. Shotton also described the business and outcome of the Second Ad Hoc Meeting on Management of Deepwater Fisheries Resources of the Southern Indian Ocean which were documented in FAO Fisheries Report No. 677. This meeting had been held in Fremantle, Western Australia, in May 2002.
20. The paper on possible options was introduced by the Legal Adviser, Mr Gerald Moore. The Legal Adviser reviewed the history of the past negotiations and the views of the negotiating parties on avenues for progress on the outstanding issues, namely: a) the accommodation of the interests of all participants in an agreement or agreements regarding high seas fisheries and straddling stocks; b) a possible framework to promote cooperation towards the sustainable development of fisheries in the areas under the jurisdiction of coastal States bordering on the area of competence of the future agreement; and c) the role of FAO within the context of the future agreement. He then referred to available information on the status of the fishery stocks in the area. This information suggested that in general the problems facing coastal States in the area with respect to coastal fisheries are more in the nature of common problems and issues of development and management. The high seas fisheries present separate management issues. Some of the fish stocks straddle the Exclusive Economic Zones (EEZs) of coastal States and high seas areas, while others have been said to be discrete to the high seas. The fishery is relatively new and the methods available for management still imprecise. However the state of the fragile resources, many of which are difficult to manage because of a lack of knowledge, has raised concerns.
21. The Legal Adviser then reviewed the different legal regimes applicable to waters of the South West Indian Ocean. Waters under national jurisdiction, including the territorial seas and EEZs, are subject to the sovereign rights and management powers of the coastal States. Resources on the high seas must be managed in accordance with international cooperative arrangements. He then presented certain factors that would need to be taken into account in considering possible new structures, including the consideration that for coastal State fisheries, there is no need or room for regional fisheries management machinery that would have the power to take binding decisions on management measures. High seas fisheries, on the other hand, would need a management structure that would have the power to take binding decisions.
22. The Legal Adviser considered various options for the future management of fisheries in the area, which took into account these considerations. This included two basic options: the continuation of the present approach to the negotiations, and the restructuring of the negotiations to focus separately on coastal state fisheries and the need for high seas fisheries. On coastal state fisheries, he reviewed the various advantages of fisheries management advisory bodies established under Article VI and XIV of the FAO Constitution, and of bodies established outside the framework of FAO. On high seas fisheries, he presented the various options, including continuing with the establishment of a separate high seas management body along the lines of South East Atlantic Fisheries Organization (SEAFO), the monitoring of high seas fisheries within the framework of an advisory body to be set up for coastal state fisheries, the establishment of legal arrangements to provide a legal framework along side such a body and the establishment of an arrangement for the monitoring and management of high seas fisheries outside a coastal fisheries body.
23. The Consultation considered the options presented and agreed that there should be separate coastal and high seas instruments with linkage between the two. For waters subject to the sovereign rights and management powers of coastal States, the Consultation agreed that a body should be set up for the management and development of coastal fisheries which would have advisory powers only. The Consultation also agreed that this body should be under Article VI of the FAO constitution.
24. For the high seas, the consultation agreed that there should be a separate instrument with the power to take binding decisions on conservation and management measures. This instrument should not be an FAO body.
25. Because of the straddling nature of some of the high seas fish stocks, under the UN Fish Stocks agreement all coastal States had a right to be involved within the high seas instrument. Such an instrument, among other aspects, should:
be legally binding;
be established outside FAO to allow fishing entities to participate;
be as light and inexpensive as possible;
allow for coastal States to be fully informed on high seas fisheries and their management;
provide for effective monitoring and management of fishing activities;
ensure that mechanisms are in place so that fishing operations in the area are carried out in a responsible way;
ensure that management measures can be taken quickly if the situation so requires;
have a linkage with the coastal State body;
recognize that all coastal States have a right to become members or observers, as they deem fit, and receive appropriate preferential rights in respect of financing issues as required; observers from coastal States to have full rights to participate in discussions;
develop measures in particular related to illegal, unreported and unregulated fishing (IUU).
26. The Consultation identified the following possible linkages between the proposed coastal state and high seas instruments:
FAO or some other organization could be a repository for the data which would be made available to both coastal state and the high seas instruments.
The data could be analysed at back-to-back meetings of coastal state and high seas fishing bodies.
There should be a formal exchange of reports.
There should be an exchange of observers.
Coastal States will have the opportunity to agree, if they so wish, on a common position towards high seas issues in the framework of the coastal fisheries body and their collective view, as appropriate, conveyed to the high seas arrangement. This is without prejudice to their full rights to participate individually in the high seas fisheries arrangement as contracting parties.
27. The Consultation discussed the possible contracting of FAO to provide secretarial and technical services based on costs of the three consultations and the ad hoc meetings on deepwater fisheries of the southern Ocean that had already taken place. The consultation proposed several options for secretarial and technical services. These were included in elements for an instrument for the high seas. No agreement was reached on this issue.
28. To progress the discussions, the chairperson proposed that instead of reviewing the previous draft agreement, the consultation should proceed to examine:
a) a possible draft to set up an Article VI fisheries committee/commission under the FAO;
b) elements of a draft agreement that would be acceptable in a high seas Agreement.
29. The Consultation discussed at length the provisions of an Article VI body under the FAO. It agreed on the following draft text:
COUNCIL RESOLUTION
The Council
NOTING the wishes expressed to the FAO Council at its One Hundred and Sixteenth Session in June 1999 by the former members of the Committee for the Development and Management of Fisheries Resources in the South West Indian Ocean, i.e. Comoros, France, Kenya, Madagascar, Mauritius, Mozambique, Seychelles, Somalia and Tanzania, for a regional organization to promote the sustainable development conservation, rational management and best utilization of fisheries resources in the region with special emphasis on fisheries targeted at non-tuna species;
TAKING INTO CONSIDERATION that the coastal States have established areas of national jurisdiction in accordance with the United Nations Convention on the Law of the Sea, 1982, and general principles of international law within the exercise of their sovereign rights for the purpose of exploring and exploiting, conserving and managing the living marine resources;
NOTING the objectives and purposes stated in Chapter 17 of Agenda 21 adopted by the United Nations Conference on Environment and Development in 1992;
RECOGNIZING THE RELEVANT PROVISIONS of the United Nations Convention on the Law of the Sea of 10 December 1982 and taking into account the Code of Conduct for Responsible Fisheries, 1995;
RECOGNIZING FURTHER economic and geographical considerations and the special requirements of developing States and their coastal communities, for equitable benefit from living marine resources;
RECOGNIZING that the coastal states in the region face common or similar problems in the development and proper utilization of the fisheries resources in their coastal waters, and need a mechanism for international cooperation in facing these common or similar problems, which would be furthered by the establishment of an advisory commission on fisheries management and development;
Hereby establishes under Article VI.1 of the Constitution of the Organization a fisheries advisory commission to be known as the Commission for the Management and Development of the Coastal Fisheries of the South West Indian Ocean, the statutes of which shall be as follows:
STATUTES
OF THE
Commission for the Management and Development of the Coastal Fisheries of the South West Indian Ocean
1. Area
The area of the Commission shall be all the waters of the South West Indian Ocean within the national jurisdiction of coastal states within the Agreement Area, being all waters of the Indian Ocean bounded by a line drawn as follows: [from a point on the high water mark on the Horn of Africa at Cap Guardafui due north to and then easterly along the outer boundary of the mainland exclusive economic zone and onwards along the boundary of the international waters to the latitude 12°00 N; thence due east along this parallel to the longitude 65°00 E, thence due south along this meridian to the equator ....] [from a point on the high water mark on the East African coast at latitude 10°00 N, thence due east along this parallel to the longitude 65°00 E, thence due south along this meridian to the equator], thence due east along this parallel to the longitude 80°00 E, thence due south along this meridian to a parallel 45°00 S, thence due west along this parallel to the longitude 30°00 E, thence due north along this meridian to the coast of the African Continent as shown in the map in the Annex to this Agreement.
Note: The inclusion of the total EEZ of Somalia remains to be appropriately considered and drafted into the above text.
2. Species
The Commission shall cover all living marine resources, without prejudice to the management responsibilities and authority of other competent fisheries management organizations or arrangements in the area.
3. Membership
The Commission shall be composed of such Members and Associate Members of the Organization that are coastal states whose territories are situated wholly or partly within the area of the Commission and that notify in writing to the Director-General their interest in becoming a member of the Commission.
4. Objectives and Functions of the Commission
Without prejudice to the sovereign rights of coastal states, the Commission shall promote the sustainable utilization of the living marine resources of the area of the Commission, by the proper management and development of the fisheries and fishing operations, and address common problems of fisheries management and development faced by the Members of the Commission. To this end the Commission shall have the following functions and responsibilities:
(a) To contribute to improved governance through institutional arrangements that encourage cooperation amongst members;
(b) To help fishery managers in the development and implementation of fishery management systems that take due account of environmental, social and economic concerns;
(c) To keep under review the state of the fishery resources in the area and the industries based on them;
(d) to promote, encourage and coordinate research related to the living marine resources in the area and draw up programmes required for this purpose, and to organize such research as may be necessary;
(e) to promote the collection, exchange, dissemination and analysis or study of statistical, biological, environmental and socio-economic data and other marine fishery information;
(f) to provide a sound scientific basis to assist Members in taking fisheries management decisions;
(g) To provide advice on management measures to member governments and competent fisheries organizations;
(h) to provide advice and promote cooperation on monitoring, control and surveillance, including joint activities, especially as regards issues of a regional or sub-regional nature;
(i) to encourage, recommend and coordinated training in the areas of interest of the Commission;
(j) to promote and encourage the utilization of the most appropriate fishing craft, gear, fishing techniques and post harvesting technologies;
(k) to promote liaison with competent institutions within the area served by the Commission and adjacent waters, including in particular the South West Indian High Seas Fisheries Arrangement, the Indian Ocean Tuna Commission, the South East Atlantic Fisheries Organization and the Convention for the Conservation of the Antarctic Marine Living Resources;
(l) to seek funds and other resources to ensure the long term operations of the Commission;
(m) to draw up its plan of work;
(n) to carry out such other activities as may be necessary for the Commission to achieve its purpose, as defined above.
5. General Principles
The Commission shall apply the provisions of the FAO Code of Conduct on Responsible Fisheries, including the precautionary approach and the ecosystem approach to fisheries management.
6. Institutions
1. Meetings of the Commission shall be held at least once every two years, taking into account the provisions of Article 10 below.
2. The Commission shall establish a Scientific Committee to consider the state of fisheries in the area and to advise on the scientific basis for possible regulatory measures to be considered for adoption by the members of the Commission. The Commission shall define the functions of the Scientific Committee;
3. The Commission may establish, on an ad hoc basis, such other committees or working parties as it may consider necessary on problems of major importance or of a specialized nature.
4. The establishment of any subsidiary body shall be subject to the determination by the Director-General that the necessary funds are available in the relevant chapter of the budget of the Organization. Before taking any decision involving expenditure in connection with the establishment of subsidiary bodies the Commission must have before it a report from the Director-General on the administrative and financial implications thereof.
7. Reporting
The Commission shall submit to the Director-General reports on its activities recommendations at such appropriate intervals as to enable the Director-General to take them into consideration when preparing the draft Programme of Work and Budget of the Organization and other submission to the Conference, Council or the funding Committees of the Council. The Director-General shall bring to the attention of the Conference through the Council recommendations adopted by the Commission which have policy implications or which affect the programme or finances of the Organization. Copies of each report of the Commission shall be circulated to Members of the Commission and to other Member Nations and Associate Members of the Organization and international Organizations for their information as soon as they become available.
8. Observers
1. Any Member Nation or Associate Member of the Organization that is not a member of the Commission may, upon its request, be represented in an observer capacity at meetings of the Commission.
2. States which, while not Members of the Organization, are members of the United Nations, any of its Specialized Agencies or the International Atomic energy Agency may, upon their request, and with the approval of the Commission be represented in an observer capacity in accordance with the provision relating to the granting of observer status to nations adopted by the conference of the Organization.
3. The Commission shall provide for the participation of intergovernmental and, on request, [international] non-governmental organizations having special competence in the field of activity of the Commission in its meetings as observers in accordance with its Rules of Procedure.
Note: The participant from Somalia questioned the restriction on national non-governmental organizations to attend as observers, in their own right, instead of participation within their country’s delegation. This is to be further considered at the next Consultation.
4. Participation of international organizations in the work of the Commission and relations between the Commission and such Organization shall be governed by the relevant provisions of the Constitution and General Rules of the Organization as well as the rules on relations with international organizations adopted by the conference and Council of the Organization.
9. Rules of Procedure
The Commission may adopt and amend its own rules of procedure which shall be in conformity with the Constitution and General Rules of the Organization and with the Statement of Principles Governing Commissions and Committees adopted by the Conference. The rules of procedure and amendments thereto shall come into force upon approval by the Director -General.
10. Cooperation with the South West Indian High Seas Fisheries Arrangement
The Commission, acting through the Director-General, shall establish close working relations with the South West Indian Ocean High Seas Fisheries Arrangement, and shall in particular:
(i) Arrange, as far as possible, to hold back to back meetings with the High Seas Arrangement;
(ii) Ensure, as far as possible, the informed and effective participation of members of the Commission that are Contracting Parties to the High Seas Arrangement in meetings of the High Seas Arrangement;
(iii) Ensure that the Commission is adequately informed on the activities of the Arrangement.
Note: Japan, while not a coastal state whose territory is wholly or partly within the proposed area of the Commission, reserved its position on the draft Article VI agreement.
30. The chairperson provided the following possible of elements of a draft agreement for the high seas based on the requirements that had been expressed by participants. The consultation also recognized with appreciation the contribution of New Zealand on elements of such a draft agreement (Appendix E). As there was insufficient time to adequately discuss these proposals, the elaboration of the elements of the high seas agreement was left for follow-up action.
ELEMENTS OF A DRAFT AGREEMENT FOR THE HIGH SEAS
Scope
Objectives
Conservation and sustainable development of fisheries
General Principles
Structure
Membership
Contracting Party Meeting Basic Working Arrangements
Secretariat - Options
1. contracted out
a. FAO
b. IOTC
c. other international organization2. rotating: ensured by parties in turn - party which hosts annual meeting provides secretariat
3. ensured by one party on a voluntary basis
Functions of Annual Meeting/Conference of the Parties - Powers and areas of Decision Making:
SC Basic Working Arrangements
data management - options:
fisheries data management to be contracted out (e.g. FAO or other body including IOTC)
SC chair to act as repository of data and ensure data exchange and availability for SC meetings
SC to meet prior to coastal fisheries body - SC chair to present report to coastal fishery body and thereafter to high seas meeting/conference of parties
Data confidentiality
Decision-Making
consensus/other
Responsibilities of Members
Flag State Duties
(E.g. New Zealand proposal)
Port State Duties
(E.g. New Zealand proposal)
Financing - Options
no specific funding required - expenditure assumed by parties, project financed on an ad hoc basis
adoption of a budget - in case this option is taken:
financial contributions formula to take into account developing country status
fishing parties to bear main financial burden
provisions that would allow parties to establish a budget if required at a later stage
Clause on special requirements of Coastal Developing States in accordance with Art. 25 United Nations Fish Stock Agreement.
Observers - Transparency
right of coastal states to have observer status and participate in discussions (in case they choose not to become full members)
open to regional economic bodies
observer status available to relevant NGOs
FAO observer status
Relations with other relevant Fisheries Bodies or Organisations
Final Clauses
signature, entry into force, depositary functions etc.
Outside the agreement - e.g. inter-governmental consultation resolution
INTERIM ARRANGEMENTS
Note: Japan reserved its position on the high seas agreement and its right to put forward proposals in subsequent Consultations.
31. The chairperson indicated that she would provide an initial draft of the instrument for the high seas that she would circulate to the FAO secretariat and members of a drafting committee. The members of the drafting committee were Australia, EC, France, Mauritius, New Zealand and Seychelles. Other countries can form part of the drafting committee by notifying the Secretariat. Japan reserved its right to form part of the drafting committee.
32. It was also noted that there was a requirement for the text of an Article VI body to be agreed on by July 2004 in order to be presented to the FAO Council in November 2004.
33. The Consultation accepted with pleasure a proposal from the Seychelles to host the next consultation subject to official confirmation. The delegation from Tanzania offered to host in the event that Seychelles was not in the position to host the next consultation.
34. The proposed period of the next consultation was from May to July 2004. Participants were asked to inform the Secretariat of their preferred dates for the next consultation.
35. New Zealand would consider making a significant contribution to preparations for the next consultation. This contribution would be provided through the FAO.
36. The FAO Secretariat informed the Consultation that the Organization was not in the position to financially support more than one Intergovernmental consultation in 2004.
37. The report was adopted on 30 January 2004 at the close of the Consultation.
1. Opening of the session
2. Adoption of the Agenda and arrangements for the session
3. Follow-up actions to the Second Intergovernmental Consultation
4. Report of the Selection Committee
5. Election of a permanent Chairperson and other Officers
6. Proposals on avenues for progress
7. Possible options regarding issues central to the negotiations for the establishment of a Southwest Indian Ocean Fisheries Commission
8. Draft of an Article VI Body under FAO
9. Elements of a draft agreement for the high seas
10. Follow-up actions
11. Date and place of next Meeting
12. Adoption of the report
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Working Documents: |
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SAFR/DM/SWIO/04/1 |
Provisional Agenda and Timetable |
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SAFR/DM/SWIO/04/2 |
Report of the Selection Committee |
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SAFR/DM/SWIO/04/3 |
Proposal received on Avenues for Progress |
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SAFR/DM/SWIO/04/4 |
Possible options regarding issues central to the negotiations for the establishment of a Southwest Indian Ocean Fisheries Commission |
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SAFR/DM/SWIO/04/5 |
Draft agreement for the establishment of the Southwest Indian Ocean Fisheries Commission |
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Information Documents: |
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SAFR/DM/SWIO/04/INF. 1 |
Notes for Participants |
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SAFR/DM/SWIO/04/INF. 2 |
Provisional list of documents |
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SAFR/DM/SWIO/04/INF. 3 |
Provisional list of participants |
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SAFR/DM/SWIO/04/INF. 4 |
The process of establishment of a regional fisheries Commission in the Southwest Indian Ocean |
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SAFR/DM/SWIO/04/INF. 5 |
Report of the Second Intergovernmental Consultation on the establishment of a Southwest Indian Ocean Fisheries Commission, Antananarivo, Madagascar, 25-28 September 2001 |
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SAFR/DM/SWIO/04/INF. 6 |
Report of the second Ad Hoc Technical Meeting on Management of Deepwater Fisheries Resources of the Southern Indian Ocean, Fremantle, Western Australia, 20-22 May, 2002. |
Australia
TALBOT John
Australian Government
Department of Agriculture Fisheries and
Forestry
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Comoros
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PB 41 Ministère du développement
Chargé de la pêche
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Rome
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MASINDE Wanyama
Japanese Embassy
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Kenya
Ms GITONGA Nancy
Director of Fisheries
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KARIUKI Johnson Wainaina
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MOHAMED Ali
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MWIKYA Mbithi Stephen
Fish Industry Secretariat
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Deputy Director of Veterinary Services
Veterinary Research Laboratories
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Development
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KAZUNGU Johnson M
Director
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Research Institute
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Ms ALOO Obudho Peninah
Kenyatta University
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OKUMU Makogola
Assistant Director of Fisheries
Fisheries Department
PO Box 1084
Kisumu
Fax: (254) 057 40908
Tel.: (254) 057 44877
E-mail [email protected]
OBADHA Michael
Senior Fisheries Officer
Fisheries Department
PO Box 186
Kakamega
Tel.: (254) 056 220193, 0733-778932
E-mail: [email protected]
ODUOL Charles
Assistant Director of Fisheries
Fisheries Department
PO Box 12912
Nakuru
Fax: (254) 051-210208
Tel.: (254) 051-210208
E-mail: [email protected]
MUTUNGI James Humphrey
Brigadier
Kenya Navy HQs
PO
Box 95350
Mombasa
Fax: (254) 041-451113
Tel.: (254)
0722-688901
WAFULA Mathias
Deputy Director of Fisheries
Fisheries Department
PO Box 58187-00200
Nairobi
Fax: (254) 20 3744530
E-mail: [email protected]
LUSWETI Dorcas
Senior Fisheries
Officer
Aquaculturist
PO Box 58187-00200
Nairobi
Tel.: (254) 20
33742320/49, 0722-953621
NGATUNI Kathuni Japhet
Provincial Fisheries
Officer
Fisheries Department
PO Box 1809
Nyeri
Tel.: (254)
722-439377
IRUNGU Edward Mwangi
Deputy Secretary
Ministry of Livestock and Fisheries
PO Box 34188
Nairobi
Tel.: (254) 20-2712146
E-mail: [email protected]
KINYAJUI John Njoroge
Senior Fisheries Officer
Fisheries Department
PO Box 26
Sagana
Tel.: (254) 060 46041, 722360064
E-mail: [email protected]
THIGA Benson Thiga
Senior Fisheries Officer
Fisheries
Department
PO Box 1117
Embu
Tel.: (254) 721645670
MONOR Godfrey Vincent
Assistant Director of Fisheries
Fisheries Department
PO Box 90423,
Mombasa
Fax: (254) 41 315904
Tel.: (254) 41 315904
E-mail: [email protected]
Ms JUSTER Nkirote Nkoroi
State Counsel
Attorney Generals Chambers
P.O. Box 40112
Nairobi
Tel.: (254) 720 787809
E-mail: [email protected]
MWABILI Othniel M.
Fisheries Officer
Fisheries Department
PO Box 58187-00200
Nairobi
Tel.: (254) 20 3742320/49
E-mail: [email protected]
Ms SHILAHO Everlyne
Fisheries Officer
Fisheries Department
PO Box 58187-00200
Nairobi
Tel.: (254) 20 3742320/49
E-mail: [email protected]
Ms AMADIVA Judith M.
Social Development Officer
Fisheries Department
PO Box 58187-00200
Nairobi
Tel.: (254) 20 3742320/49
E-mail: [email protected]
Ms MADEDE Veronica
Secretary
Fisheries Department
PO Box 58187-00200
Nairobi
Tel.: (254) 20 3742320/49
E-mail: [email protected]
Ms GACHOMBA Tabitha
Secretary
Fisheries Department
PO
Box 58187-00200
Nairobi
Tel.: (254) 20 3742320/49
Mauritius
MUNBODH Munesh
Head of Delegation
Chief Fisheries Officer,
Ministry of Fisheries,
J Kennedy Street, Port Louis
Fax: (230) 2081929
Tel.: (230) 2087989
E-mail: [email protected]
BHAUKAURALLY Shaheed
Assistant Solicitor General
5th floor R Seeneevassen Building
J Koenig St, Port Louis
Fax: (230) 2126742
Tel.: (230) 2128417
E-mail: [email protected]
Mozambique
BILA Rodrigues Armando
Permanent Secretary
Ministry of Fisheries
Rua Consiglieri Pedroso no. 347
CXP 1723, Maputo
Fax: (258 1) 325087
Tel.: (258 1) 300961
E-mail: [email protected]
Ms DENGO Angelica
Head of Department International
Co-Operation
Ministry of Fisheries
Rua Consiglieri Pedroso no. 347
CXP 1723, Maputo
Fax: (258 1) 325087
Tel.: (258 1) 300961
E-mail: [email protected]
RUSSO DE SA Joaquim
Fisheries Research Institute
National Director
CXP Postal 4603, Maputo
Fax: (258 1) 492112
Tel.: (258 1) 490406
E-mail: [email protected]
Namibia
MAURIHUNGIRIRE Moses
Deputy Director
Ministry of Fisheries and Marine Resources
P/Bag 13355, Windhoek
Fax: (264 61) 220558
Tel.: (264 61) 2053071
E-mail: [email protected]
New Zealand
Ms WATERHOUSE Emma
Senior International Advisor
Ministry of Fisheries,
PO Box 1020, Wellington
Fax: (64 4) 470 2669
Tel.: (64 4) 470 2644
E-mail: [email protected]
ANNALA John
Chief Scientist
Ministry of Fisheries
PO Box 1020, Wellington
Fax: (64 4) 494 8261
Tel.: (64 4) 494 8258
E-mail: [email protected]
BRYDEN Grant
Senior Advisor
Ministry of Foreign Affairs and Trade
Private Bag 18 -901, Wellington
Fax: (64 4) 439 8130
Tel.: (64 4) 439 8430
E-mail: [email protected]
MACFARLANE Alistair
General Manager
New Zealand Seafood Industry Council
Private Bag 24901, Wellington
Fax: (64 4) 385 2727
Tel.: (64 4) 385 4005
E-mail: [email protected]
Seychelles
PAYET Rondolph
Managing Director
Seychelles Fishing Authority,
PO Box 449, Victoria
Fax: (248) 224508
Tel.: (248) 670312
E-mail: [email protected]/
[email protected]
Somalia
IBRAHIM Abdurahman (Hon.)
Minister of Fisheries and Marine
Resources Transitional National
Government
DHL Postbag Mogadishu
Mogadishu, Somali Republic
Fax: (252) 1 227477
Tel.: (252) 1 277322
E-mail: [email protected]
BAUER Julian
Principal
Somali Marine Protection Authority
(SOMPAF)
c/o MFMR, Mogadishu, Somali Republic
DHL Postbag Mogadishu
Fax: (252) 1 227477
Tel.: (252) 1277322
E-mail: [email protected]
or
Liaison Office
P.O. Box 177
EAK 00502 Karen, Nairobi, Kenya
Fax: (254) 20 883333
Tel.: (254) 20 882658/733 633 000 (Emergency)
E-mail: [email protected]
SABRIYE Ali Salad,
Director General
Ministry of Fishery and Marine Resources
Transitional National Government
DHL Postbag Mogadishu
Mogadishu, Somali Republic
Fax: (252) 1 227477
Tel.: (252) 1 277322
E-mail: [email protected]
United Republic of Tanzania
SILULU Shemheli Robert
Principal Fisheries Officer
Fisheries Division
Ministry of Natural Resources and Tourism
PO Box 2462, Dar-es-Salaam
Tel.: (255) 74 8356618
E-mail: [email protected]
JUMBE Mussa Aboud
Director Fisheries and Marine Resources
Ministry of Agriculture and Natural
Resources
PO Box 774, Zanzibar
Fax: (255) 24 223320
Tel.: (255) 24 2239623
E-mail: [email protected]
OBSERVERS
World Conservation Union
Ms SAMOILYS Melita
Marine and Coastal Ecosystems Programme
Coordinator
PO Box 8200, Nairobi, Kenya
Fax: (254) 20 890606
E-mail: [email protected]
Norwegian Agency for International Development
LOBACH Terje
Senior Legal Advisor
Directorate of Fisheries
PO Box 185, 5804 Bergen
Norway
Fax: (47 55) 238090
Tel.: (47 55) 238000
E-mail: [email protected]
Swedish International Development Cooperation Agency
LARSSON Staffan
Head of Projects
National Board of Fisheries
PO Box 423, 40126 Gothenburg
Sweden
Fax: (46 31) 7430444
Tel.: (46 31) 7430300
E-mail: [email protected]
United Nations Development Programme
HUSSEIN Moe
Deputy Manager
Capacity for Governance Programme
PO Box 28832 Nairobi,
Fax: (252) 1 22 7477
Tel.: (252) 1 277322
E-mail: [email protected]
FOOD AND AGRICULTURE ORGANIZATION OF THE UNITED NATIONS
SATIA Benedict
Chief
International Institutions and Liaison Service
Fishery Policy and Planning Division
Fisheries Department
Rome, Italy
Tel.: (39 06) 5705 2847
Fax: (39 06) 5705 6500
E-mail: [email protected]
MOORE Gerald
Legal Adviser
Rome, Italy
Tel.: (39 06) 5705 3476
Fax: (39 06) 5705 4408
E-mail: [email protected]
HARRIS Aubrey
Senior Fishery Officer
Subregional Office for Southern and East Africa
PO Box 3730
Harare, Zimbabwe
Tel.: (263 4) 253655, 253657
Fax: (263 4) 700724, 703497
E-mail: [email protected]
SSENTONGO George
Fishery Officer
Subregional Office for Southern and East Africa
PO Box 3730
Harare, Zimbabwe
Tel.: (263 4) 253655, 253657
Fax: (263 4) 700724, 703497
E-mail: [email protected]
SHOTTON Ross
Fishery Resources Officer
Marine Resources Service
Fishery Resources Division
Fisheries Department
Viale delle Terme de Caracalla
00100 Rome Italy
Fax: (3906) 57056481
Tel.: (3906) 57053020
E-mail: [email protected]
RAEMDOCK Luc Pierre
Translator
3 Pineleigh Close
Hatfield, Harare
Zimbabwe
Tel.: 263 11 408046
E-mail: [email protected]
Ms CHAGONDA Grace
Programme Assistant
Subregional Office for Southern and East Africa
PO Box 3730
Harare, Zimbabwe
Tel.: (263 4) 253655, 253657
Fax: (263 4) 700724, 703497
E-mail: [email protected]
SECRETARIAT
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Chairperson: |
Ms Fuensanta CANDELA-CASTILLO, PA |
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European Community |
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Vice-Chairperson: |
Ms Nancy GITONGA, DF |
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Kenya |
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Rapporteur: |
France |
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New Zealand |
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Secretary: |
Aubrey HARRIS, FAO SAFR, Harare, Zimbabwe |
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International Liaison: |
Benedict SATIA, FAO Headquarters, Rome, Italy |
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Legal adviser: |
Gerald MOORE, Rome, Italy |
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HOST GOVERNMENT |
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Meeting Coordinators: |
Johnson KARUIKI, DF, Kenya |
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Othniel MWABILI, DF, Kenya |
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Ms Everlyne SHILAHO, DF, Kenya |
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Ms Judith AMADIVA, DF, Kenya |
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Stenographer: |
Ms Veronica MADEDE, DF, Kenya |
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Ms Tabitha GACHOMBA, DF, Kenya |
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FAO |
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Stenographer: |
Ms Grace CHAGONDA, FAO SAFR, Zimbabwe |
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Interpreters: |
Emmanuel PETROS, Kenya |
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Ms Maria Lily PAVLIDES, Kenya |
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Lucas AMURI, Kenya |
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Ms Chantal MARIOTTE, Kenya |
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Translation: |
Luc-Pierre RAEMDONCK, Zimbabwe |
FAO Subregional Office Representative
FAO Country
Representative
Members of the Diplomatic Corps
Members of
Parliament
Distinguished Guests
Delegates
Ladies and
Gentlemen
It is my pleasure to join you today at this crucial consultative meeting that has drawn together all fishing nations that depend on the southwest Indian Ocean Region and the respective coastal states.
May I first extend a warm welcome to you all to our beautiful country and additionally to this Third Intergovernmental consultative meeting on the Establishment of the Southwest Indian Ocean fisheries Commission.
The waters of the Southwest Indian Ocean (SWIO) region stretch from the Somalia border in the North all the way to South Africa. This also includes the Island states of Comoros, Mauritius, Seychelles, Re-Union and Madagascar.
It is notable that these countries share considerable features in status/species of stocks assessment, management, transboundary problems and environmental and ecosystem issues.
Ladies and gentlemen,
The waters of SWIO are endowed with natural fisheries resources that transcend national and international boundaries. These resources are exploited both by the coastal nations and also by Distant Water fishing nations; hence the urgent need to address concerns relating to over exploitation and the looming threat of a subsequent depletion of the valuable resources. It is therefore imperative that the management, conservation and utilization of these resources be addressed more cost-effectively at the regional level.
The proposed SWIOFC is an appropriate platform that can generate the required integrated regional framework, to serve as an avenue for handling the management, development, research and utilization issues of our common waters. Besides preventing over-exploitation, the initiate has the capacity to improve the livelihoods of the fishing communities given improved income generation opportunities, foreign exchange earnings and food security for member states.
The critical importance therefore, of an international instrument to monitor and manage these stocks need not be over emphasized.
I note that the first Technical ad hoc meeting held in Mauritius in 2000 generally reviewed the status of the fishery resources in this region. Problems afflicting member coastal countries were assessed and priorities for intervention developed. It is that meeting which culminated in a proposal that a Commission be established to cover both high seas and waters under the national jurisdictions.
The Second Technical meeting agreed on the establishment of a body under Article XIV of the FAO constitution, especially for coastal states. However it was also acknowledged, that a lot of specialized fishing which took place in the southern high seas, displayed immense commercial potential.
The factor led to the inception of the first Intergovernmental meeting which was held in the Re-Union in 2001, and was attended by both coastal States and high-seas fishing nations. These consultations focused principally on the management of the high seas rather than on coastal water fishery. The meeting agreed on a new definition of the area of competence of the Commission that would exclude areas under national jurisdictions. The dangers of forming the Commission under Article XIV were highlighted in the draft.
The Second Intergovernmental consultations, which took place in Madagascar in September 2001, reviewed the revised draft agreement. The meeting agreed that the area of competence of the Commission should be limited to the high seas. The meeting was cognizant of the special requirements of developing states in the regions, both for the high seas fisheries and straddling stocks and from the point of view of national jurisdiction.
Consensus was reached that a number of outstanding concerns needed to be resolved to facilitate progress as subsequent consultations. These appropriately featured:
I am pleased to note that the views of the negotiating parties on these issues form one of the Agenda of this third consultative meeting.
Ladies and Gentlemen,
The Southwest Indian Ocean is our common resource and ought to be effectively managed to ensure a sustainable fish resource. It is my earnest hope that an agreement will be derived, that will ensure and promote a more coordinated approach towards the conservation and management of the non-tuna fish stocks in this region for our mutual benefit.
In conclusion therefore, let me encourage you all to participate fully, to ensure that our common interests are preserved. I have no doubt that history shall recognize the delegates gathered here today, for accomplishing an outstanding task.
May I once again wish you fruitful deliberations and declare this third Intergovernmental Consultative meeting officially opened
Thank you.
Preamble; Definitions.
Objectives
Will need to address following:
Conservation and sustainable use of fisheries in the area taking account of the interest of developing states.
Scope
General Principles
Institutions
To achieve objective Parties agree to:
hold annual meetings, which should to the extent practicable, be held back-to-back with meetings of the advisory body for coastal states in the South-west Indian Ocean
establish a scientific committee
establish other subsidiary bodies as necessary
[address issue of provision of secretariat services to the meeting of States party - options discussed included FAO as a provider or rotating State party]
Adopt and amend Rules of Procedure.
Compatibility
Functions of Annual Meeting
Membership
Responsibilities of Members
Duties of Flag States
Port States
Observation, Compliance and Enforcement
Provision to establish as may be appropriate an observer programme, port inspection scheme, high seas boarding and inspection, vessel monitoring.
Scientific Committee
Functions to include:
Stock assessment
Advice on fisheries monitoring measures
Advice on standards and format for data collection and exchange
Advice on conservation and management measures
Others as decided by meeting of States Party.
[address issue of provision of data management services to the Scientific Committee - options discussed included FAO as a provider, Scientific Committee Chair or direct exchange between States party]
Decision-Making
Consensus/other
Dispute Settlement
Process consistent with UNCLOS and 1995 Fish Stocks Agreement
Developing States
Consistent with Art 24 and 25 of 1995 Fish Stocks Agreement, recognition of the special requirements of developing States and forms of cooperation with such States.
Budget and Finance
Ability to address budget and funding if required. Funding formula to take account of economic status of developing coastal States and to give adequate weight to those that benefit from fishing in the Agreement Area.
Transparency
Final Clauses
Annexes
Interim arrangements:
Format and standards for data collection
Mechanism and timeframe for exchange and storage of data
Reporting.
ELECTION OF PERMANENT CHAIRPERSON
The candidate, Ms Fuensanta Candela-Castillo (European Community), was elected as permanent chairperson by acclamation and will chair the current and subsequent intergovernmental consultations on the establishment of regional fishery bodies the South West Indian Ocean. (Paragraph 15)
POSSIBLE OPTIONS REGARDING ISSUES CENTRAL TO THE NEGOTIATIONS FOR THE ESTABLISHMENT OF A SOUTHWEST INDIAN OCEAN COMMISSION
The Consultation considered the options presented and agreed that there should be separate coastal and high seas instruments with linkage between the two. For waters subject to the sovereign rights and management powers of coastal States, the Consultation agreed that a body should be set up for the management and development of coastal fisheries which would have advisory powers only. The consultation also agreed that this body should be under Article VI of the FAO Constitution. (Paragraph 23).
For the high seas, the consultation agreed that there should be a separate instrument with the power to take binding decisions on conservation and management measures. This instrument should not be an FAO body. (Paragraph 24).
Because of the straddling nature of some of the high seas fish stocks, under the UN Fish Stocks agreement all coastal States had a right to be involved within the high seas instrument. Such an instrument, among other aspects, should:
The Consultation identified the following possible linkages between the proposed coastal state and high seas instruments:
ARTICLE VI BODY UNDER FAO
The consultation agreed on the draft text for a resolution to the FAO Council and the draft text of the Statutes of a Commission for the Management and Development of the Coastal Fisheries of the South West Indian Ocean (Paragraph 29).
ELEMENTS OF A DRAFT AGREEMENT FOR THE HIGH SEAS - CHAIR’S SUMMARY OF DISCUSSIONS
The chairperson provided the possible of elements of a draft agreement for the high seas based on the requirements that had been expressed by participants. The consultation also recognized with appreciation the contribution of New Zealand on elements of such a draft agreement (Appendix E). As there was insufficient time to adequately discuss these proposals, the elaboration of the elements of the high seas agreement was left for follow-up action. (Paragraph 30).
FOLLOW-UP ACTIONS
The chairperson indicated that she would provide an initial draft of the instrument for the high seas that she would circulate to the FAO secretariat and members of a drafting committee. The members of the drafting committee were Australia, EC, France, Mauritius, New Zealand and Seychelles. Other countries can form part of the drafting committee by notifying the Secretariat. (Paragraph 31).
DATE, PLACE AND ARRANGEMENTS FOR SUBSEQUENT MEETINGS
The Consultation accepted with pleasure a proposal from the Seychelles to host the next consultation subject to official confirmation. The delegation from Tanzania offered to host in the event that Seychelles was not in the position to host the next consultation. (Paragraph 33).
This document is the final report of the Third Intergovernmental Consultation on the Establishment of a Southwest Indian Ocean Fisheries Commission, held in Nairobi, Kenya, from 27 to 30 January 2004. The Consultation was attended by delegates from fifteen FAO member countries, one international non-governmental organization, two international development agencies and the United Nations Development Programme. For waters under the sovereignty of coastal States, the Consultation agreed that a regional body for the management and development of coastal fisheries, with advisory powers only, be set up under Article VI of the FAO Constitution. For the high seas, it agreed that there should be a separate instrument, outside of FAO, with the power to take binding decisions on conservation and management measures. The Consultation recognized the right of involvement of coastal States in the high seas instrument and identified linkages between the proposed coastal State and the high seas arrangements. The Consultation also agreed on the draft text for a resolution to the FAO Council and for the statutes of a regional body for the management and development of coastal fisheries. Possible elements of a draft agreement for the high seas were briefly discussed.
