Appendix H. National plan of action case study: a continental State

1. GALACTIAN FISHING INDUSTRY

The fishing industry in Galactia, a developing coastal State bordering the Atlantic Ocean, is based on resources from the marine and, to a lesser extent, inland sector.

1.1 The inland sector

The main sources of inland fisheries - entirely traditional or artisanal - are the Great Vegan Lake, reservoirs and fish ponds. Inland fishing employs around 85,000 fishers and traders, and most of Galactia’s small inland fishing boats - around 15 000 - operate on the Great Vegan Lake, most of them without engines. The annual production of inland fisheries is about 16 per cent of the annual total domestic production, with prices affected mostly by the quality and quantity of the fish.

There has been rapid expansion of the population of introduced fish in the Great Vegan Lake, locally referred to as “the Saviour”, and the fishery it supports. This has led to many expressions of alarm about the future of the lacustrine ecosystem and the sustainability of the resource.

The Saviour Fish, together with two other species, make up most of the total catch composition of fish from the Great Vegan Lake. The Saviour Fish has a high export value, with a significant export market being member countries of a regional economic integration organisation (REIO).

Non-Galactian fishers from the two other countries bordering the Great Vegan Lake frequently fish illegally in Galactian waters and land the fish in their home countries both for consumption and export.

Data on effort in terms of numbers of boats, fishers, nets or fishing days are somewhat fragmentary and weak; catch statistics are usually recorded at the main marketing centres on the Great Vegan Lake. The difficulties involved with the collection, analysis and reporting of catch, effort, price and related data for inland fisheries have been well known for some time. While repeated attempts have been made to resolve them, there have generally been few long-lasting effects. Monitoring and reporting systems have remained weak, not so much for lack of knowing what needs to be done but for lack of funds, equipment and trained and committed personnel.

Of the three countries bordering the Lake, Galactia has the most complete monitoring and reporting system, and it indicates a trend towards increasing effort. The fishing pressure is affecting juvenile as well as adult stock components in a situation that is already unstable and in need of a strong precautionary approach. Because of the value of Saviour Fish for export, poorer operators stand to be displaced from the fishery, and consumer prices for table fish are tending to spiral upward.

Due to the interrelationship of the three major species of fish in the Great Vegan Lake, it is believed that the best form of management is gear selectivity. The non-Galactian fishers often use gear that is not adequately selective, and tend not to report catch or effort.

One of Galactia’s neighbouring countries has played a leading role in the export trade for Saviour Fish, due largely to favourable geographical and infrastructural circumstances. But overcapacity now exists in that country, with ramifications for Galactian fish-marketing and distribution patterns that could be disruptive to Galactia’s national economic interests.

A concern is the future of the Great Vegan Lake ecosystem. In recent years, there have been changes in water quality, marked by increasing eutrophication and the development of an anoxic layer at lower depths of the water column. This has been brought on by a range of factors, including chemical pollution, sedimentation and runoff of deleterious substances from logging operations. In addition, the rapid colonization by the water-hyacinth has been ubiquitous, with its mats often choking sheltered bays and inlets. This is less a problem in the Galactian portion of the lake than along the shorelines of the neighbouring countries.

One consequence of the deterioration of the ecosystem has been the ban by the REIO members on the import of Saviour Fish on grounds that they contained harmful chemicals which were used in fishing operations. This has affected thousands of fishers and marketers in countries around the Lake, including Galactia.

1.2 The marine sector

The fisheries activities in the marine sector exploit both pelagic and demersal fish resources. Fishing activity in the marine sector consists of:

• artisanal fishing, using canoes (about 9 000 canoes, of which 55 percent are motorized);

• semi-industrial^[38] coastal fishing, using locally manufactured motorised wooden boats (150 craft);

• trawling, using imported steel vessels more than 35 metres long (60 trawlers);

• tuna fishing, by pole and line and purse seine vessels, including foreign operated boats (33 vessels).

The focus for IUU fishing in the marine sector is fishing by trawlers and tuna fishing.

1.2.1 Trawlers and tuna vessels

The major species fished by trawlers is shrimp. Fourteen Galactian trawler vessels fish in the waters of neighbouring countries, and the others fish in Galactian waters. In Galactia, the trawlers may only fish in certain areas and with specified gear. Shrimps are processed and packed on board the trawlers for export.

Three tuna vessels are known to fish in neighbouring countries and on the high seas, and several others are suspected of fishing beyond areas of national jurisdiction. Thirty of the vessels are pole and line and three are purse seiners. All tuna vessels are currently operated on a joint-venture basis with Galactians beneficially owning or controlling at least 50 per cent of the shares as required by the 2002 Fisheries Act. They are all registered in Galactia. Where there is no joint venture the Fisheries Act allows licences for foreign fishing vessels to be issued if there is an access arrangement, but none have been issued in this manner.

1.2.2 Tuna processing and production

About 40 per cent of the sustainable annual tuna catch of the Eastern Atlantic can be taken in Galactian waters. About 70 per cent of the landed tuna is processed into loins or canned and exported, and it is believed that tuna is the only significant species in Galactian waters able to sustain increases in production. Galactia’s tuna fishing potential has been increased by the recent provision of tuna landing facilities, financed by foreign aid.

Tuna processing and preparation of fishmeal from tuna discards are the only industrial processing activities carried out in Galactia. The Pacifica Food Cannery and Atlantica Food Cannery process tuna mainly for the export market. Since continuous supply of tuna is a problem, overseas partners able to bring in or equip fishing boats are being sought. The Minister of State in charge of Fisheries recently announced that Government would bring in some fishing vessels to enable Galactians to produce fish locally, as in the past few years the concentration had been on the importation of fish. A major goal is to raise tuna production from 70,000 to 100,000 metric tonnes annually.

1.2.3 Terme Harbour, port development

Terme Fishing Harbour is currently the main landing point for all tuna and industrial vessels. The Pacifica and Atlantica Food canneries, with capacities of 25,000 tonnes and 4,500 tonnes, respectively, are located within the Terme Fishing Harbour Area. The semi-industrial fleet is mostly located in Terme Fishing Harbour.

1.2.4 Export and investment policy, financial value of industry

The Galactian government seeks to encourage non-traditional fisheries with a view to export, and to this end it has a policy for tax free port and zone development. This would encourage investment by providing tax exoneration for the first ten years of operation.

In total, the marine fishing industry supports up to 1.5 million people, about 10 per cent of the total population. It accounts for about 5 per cent of the agricultural Gross Domestic Product (GDP). Fish and fish products, including tuna and shrimp, contribute US$62 million which is 20 per cent of the industrial or non-traditional exports of Galactia.

1.2.5 Deepwater species depleted

Catches made in the Galactian exclusive economic zone (EEZ) are comprised of about 80 per cent deepwater species. All indications are that there is a high rate of exploitation and excessive fishing pressure, especially for demersal stocks. In the past eight to ten years, several reports have emphasised the need to reduce the fishing pressure on the demersal stocks because they are significantly depleted.

There are a number of reasons for this. Galactia is a big market for fish - and demand for fresh or frozen produce outstrips supply. This has encouraged many to take up fishing, increasing the number of canoes and leading to overfishing of the accessible coastal shallows. Also, large-scale poaching by foreign vessels seriously depleted the demersal fish stocks in the Galactian EEZ some years ago.

1.2.6 Galactian nationals in marine fisheries sector

Galactian nationals working in the marine fisheries sector confine their activities to the Galactian fishery waters or Galactian vessels, and are not employed on vessels of other countries. Two Galactian-owned vessels that fish outside Galactian waters illegally carry two registrations, one Galactian and the other from Pluto, a country that does not meet its flag State responsibilities.

2. FISHERIES MANAGEMENT IN GALACTIA

The fisheries in Galactia are controlled by two management systems, described below. One is the traditional systems based on community institutions and social practices at the local level. The second is a management system consistent with international management principles, based on free access but regulated by the State. It is principally directed at the activities relating to semi-industrial and industrial fishing vessels in the marine sector. The 2002 Fisheries Act, described below, provides the basis for regulation of the marine sector.

2.1 Traditional systems of management

The head of the fishing community is the Chief Fisherman, who is chosen from a clan in the community. As a symbol of local administrative and spiritual authority in the community, the Chief Fisherman settles disputes, maintains law and order on the beach, coordinates action in the event of accident at seas, mediates with migrant fishers, supervises the fair distribution of any communally acquired inputs, collects user fees for initiating development projects and leads the people in performing religious rituals connected with the sea. He is assisted by a council of senior fishers.

Attempts have been made to establish community-based fisheries management committees in all the fishing communities in the Great Vegan Lake system. With the assistance of the Department of Fisheries, the fishing communities are encouraged to plan, formulate and implement fisheries resource management plans. Astra, a fishing community in the Lake system, has an effective community-based system, and is being used as a model for adoption by other fishing communities. This system of management has been found to be relatively more effective than conventional methods.

2.2 Management regulated by the State - the 2002 Fisheries Act

Fisheries management and development requirements, consistent with international principles, are embodied in the 2002 Fisheries Act. Recognizing the traditional systems, it provides a framework for inland fisheries, including a community-based management system. It contains more substantial provisions relating to the semi-industrial and commercial marine sectors.

The Act was drafted in 1994, but not passed into law for many years. It therefore does not implement many of the provisions that were developed in the 1993 FAO Compliance Agreement, the 1995 UN Fish Stocks Agreement and the IPOA-IUU. It applies only to activities in areas under Galactian jurisdiction, except for the enforcement action of hot pursuit outside such areas for an offence committed within Galactian jurisdiction.

The Act is regarded as a platform for developing and strengthening fisheries management in Galactia, and is used as a major reference point for capacity building and addressing management issues, including IUU fishing activities. Relevant provisions that would empower Galactia to improve its current management practices (previously hindered by lack of authority as well as financial resources and political support) are set out below.

Although major constraints to implementing the legislation are the continuing lack of human resources, capacity, infrastructure, financial resources (sometimes resulting in conflicts of interest) and integration with other government agencies, Galactia is benefiting from assistance from sub-regional, regional and international organizations and programmes, as well as donor assistance. It therefore views the legislation as a foundation upon which to build and priories its management practices.

2.2.1 The Fisheries Commission and Minister

The Fisheries Act establishes a management authority in the form of a Fisheries Commission in the Ministry of Food and Agriculture. It is comprised of ten persons, including seven ex officio government and three industry members. Its object is to regulate and manage the utilization of the fishery resources of Galactia and coordinate the policies in relation to them. Its functions include promoting subregional, regional and international cooperation in fisheries management. There is also a provision for the Minister to consult on international fisheries management, including through regional or sub-regional organisations or international agencies.

2.2.2 Licence and registration requirements for fishing vessels

In keeping with the dual management systems, the Act has separate provisions in relation to local industrial and semi-industrial fishing vessels, foreign fishing vessels, artisanal fishing, aquaculture and recreational fishing vessels. Licences are required for fishing in Galactian waters by:

• foreign fishing vessels;

• local industrial and semi-industrial fishing vessels;

• canoes;

• artisanal fishing; and

• recreational fishing.

Licensed vessels are not allowed to land, tranship or discharge any fish outside Galactia. A licence is required for transhipment or export, and in any case fish have to be landed first in Galactia. The Fisheries Commission is required to keep a register of fishing licences. Licensed vessels are required to make appropriate reports of catches and related data, and maintain logbooks.

2.2.3 The Inshore Exclusion Zone

Large semi-industrial vessels and industrial vessels are not permitted within the inshore exclusion zone (IEZ). This comprises the coastal waters between the coastline and the 30 metre isobath or 6 nautical mile offshore limit, whichever is farthest. Canoe support vessels are also prohibited, as are towing gear. The IEZ is reserved exclusively for small semi-industrial vessels. Unlike some of its neighbours, a major problem in Galactia is not with illegal trawlers but with licensed trawlers using illegal practices, including widespread fishing inside the IEZ. Trawlers are required to operate according to strict regulations, but the government does not have the necessary capacity to enforce this.

2.2.4 Galactia Monitoring, Control and Surveillance Unit

The 2002 Fisheries Act provides for a Monitoring, Control, Surveillance and Enforcement Unit. Personnel for the Unit are designated by the Minister in consultation with the Minister for Defence, and include personnel from the navy, air force and the secretariat of the Commission. Their powers are clearly set out for activities inside areas of Galactian jurisdiction, but, as noted above, they may exercise their powers beyond the limits of the EEZ following hot pursuit.

2.2.5 Penalties, fines, compounding process

Management of fisheries can be frustrated due to the fact that penalties and fines in the Act are very steep, but somewhat uneven. They are expressed in US dollars and in most cases there are maximum and minimum fines. Maximum fines generally apply to semi-industrial, industrial or foreign fishing vessels and can be as high as $2 million, for example in the case of unlicensed fishing by a foreign fishing vessel. However, unlicensed fishing by a Galactian industrial fishing vessel attracts a minimum fine of $1000, with no maximum specified.

There is a provision in the Fisheries Act for compounding an offence, allowing the Commission to accept an amount not less than the minimum penalty for the offence, plus the fair market value for any fish caught illegally, with the consent of the prosecutor.

2.2.6 Evidentiary provisions

Evidentiary provisions allow for certificate evidence by an authorized officer regarding, inter alia, the position of a vessel as identified by position fixing instruments. The certificate can be used as sufficient evidence in the prosecution if there is no objection by the defendant. There is a general provision regarding “designated machines” where the Minister may designate a machine by notice in the Gazette and the readings from such machines are admissible as evidence under certain circumstances. This could apply to automatic location communicators (ALCs) in a vessel monitoring system (VMS), but there are no requirements regulating the installation and maintenance of ALCs for VMS generally.

2.3 Integrated decision-making in Galactia

As noted above, the 2002 Fisheries Act provides for integrated decision-making in the Department of fisheries through establishment of the Fisheries Commission, and in requiring consultations.

In areas related to fisheries, the Ministry of Environment, Science and Technology acts as Coordinating Ministry for integrated decision-making in the following areas:

• integrated coastal zone management and sustainable development;

• marine environmental protection;

• sustainable use and conservation of marine living resources (of the high seas and under national jurisdiction).

Other arrangements that facilitate coordination include the National Committee for the Implementation of Agenda 21 and the Steering Committee of the Gulf of Galactia Large Marine Ecosystem (LME) Project. However, in respect of the latter there has not been much progress on addressing issues relating to management of high seas fishing because the project addresses broader issues relating to the LME.

3. RESEARCH AND TRAINING

The University of Galactia carries out research that is focused on the Saviour Fish and related species. It runs two research stations on the Great Vegan Lake in cooperation with the Department of Fisheries.

The Water Research Institute conducts research on the ecological changes of the Great Vegan Lake, estuaries, lagoons and the immediate inshore water system of Galactia in order to provide information for proper utilization, exploitation, development and management of resources.

Galactia also benefits from the Regional Project for Research and Training on Coastal Marine Systems, and other relevant projects implemented with development assistance and through regional organizations and programmes.

4. DEVELOPMENT ASSISTANCE

The World Bank is midway through a ten year fisheries sub-sector capacity building project in Galactia, in the amount of US$9 million.

A regional economic integration organization and UN Specialized Agencies have provided substantial technical support to the development of the fisheries subsector.

In addition, many of the regional organizations and programmes, noted below, have also been active in providing technical assistance and fisheries management support to Galactia.

5. INTERNATIONAL AND REGIONAL LAW AND RELATIONS

5.1 Treaties and agreements

Galactia has signed and ratified the 1982 United Nations Convention on the Law of the Sea (1982 UN Convention). It has not signed the 1995 UN Fish Stocks Agreement nor adhered to the 1993 FAO Compliance Agreement. However, the government plans to become party to the 1995 UN Fish Stocks Agreement and 1993 FAO Compliance Agreement to better carry out its obligations as a member of regional fisheries bodies.

5.2 Membership in regional fishery bodies

Galactia is a member of the following regional fishery bodies:

• The Commission for the Conservation of Tuna (CCT) - The main objective of the CCT Convention is to maintain the populations of tuna and tuna-like species found in the Atlantic at levels which permit the maximum sustainable catch for food and other purposes. The Commission’s functions inter alia include: (i) to study the populations of tuna and tuna-like fishes, (ii) to collect and analyze statistical information relating to the current conditions and trends of the tuna fishery resources of the Convention Area, and (iii) recommend studies and investigations to the Contracting Parties.

  The Commission’s area of competence comprises all waters of the Atlantic Ocean, including Galactian waters. It has no regulatory powers, but makes regulatory recommendations to be implemented by Contracting Parties. CCT has recommended a number of measures on catch quotas, minimum weight of fish and limitation of incidental catches, as well as IUU fishing. The regulatory recommendations adopted by CCT are subject to an objection procedure.

  CCT has developed a catch documentation scheme whose primary objective is to track the international trade in certain tuna species. It requires that any exports to a member country of the relevant species must be accompanied by a statistical document, validated by the flag government of the vessel which caught the fish, which provides information on the vessel and the area in which the fish was caught. Members are required to provide the Commission with an annual report of the data collected, and these reports are sent to all members.

• The Committee for Eastern Ocean Fisheries (CEOF) - CEOF was established under the Constitution of the United Nations Food and Agriculture Organization. It is an advisory body; it can make recommendations on fisheries management to its member countries, but these recommendations are not binding. In recent years, agenda items included emerging global fisheries issues, implementation of the 1995 FAO Code of Conduct in the region and the status and priorities for scientific research. At its last Session in October 2002, the Committee recommended that the Director General should keep under review the issue of a possible framework for the high seas. To this effect, it requested the Director General to convene a Legal and Technical Consultation to address the matter before the next Session of CEOF.

  There have been no activities relating to the assessment of IUU fishing, or catch certification and documentation. However, CEOF is sensitizing Members on the dangers of IUU fishing and consulting regional institutions on ways to strengthen monitoring, control and surveillance (MCS) to curb illegal fishing.

• The Committee for Inland Fisheries (CIF) - CIF was established under the Constitution of the FAO. The terms of reference of the Committee are:

  • to promote, coordinate and assist national and regional fishery and limnological surveys and programmes of research and development leading to the rational utilization of inland fishery resources;

  • to assist Member Governments in establishing the scientific basis for regulatory and other measures for the conservation and improvement of inland fishery resources, to formulate such measures through subsidiary bodies as required, and to make appropriate recommendations for the adoption and implementation of these measures;

  • to promote and coordinate efforts on a national and regional basis to prevent damage to the aquatic environment, including the prevention and control of water pollution;

  • to assist in the development of fish culture and stock improvement, including the control of fish diseases and the importation of exotic species;

  • to promote and assist in the utilization of the most effective fishing craft, gear and techniques;

  • to promote and assist activities concerned with the processing, preservation and marketing of fish and fish products;

  • to encourage education and training through the establishment or improvement of national and regional institutions and by the promotion and the organization of symposia, seminars, study tours and training centres;

  • to assist in the collection, interchange, dissemination and analysis of statistical, biological and environmental data and other inland fishery information; and

  • to assist Member Governments in formulating national and regional programmes to be implemented through sources of international aid to help achieve the objectives referred to in the preceding paragraphs.

  Members are encouraged to incorporate relevant parts of the 1995 FAO Code of Conduct in their legislation and policies. The Secretariat is encouraging national authorities to set up consultations with non-fisheries ministries, agencies and the fishers to address Code issues. Even though the IPOA on the Management of Fishing Capacity addresses marine fisheries, CIF members are reminded of the dangers of over-capacity in inland fisheries. CIF is also sensitising members on the dangers of IUU fishing and countries encouraged to consolidate and strengthen the community-based management systems set up to limit IUU fishing.

  CIF has recommended the implementation of precautionary approach for the management of inland fisheries to members that lack adequate knowledge on the state of the stocks, which prevails in most cases. Another issue considered to be a priority is involvement of the community in the management of inland fisheries.

• The Great Vegan Lake Fisheries Organization (GVLFO) - The objectives of the GVLFO are to foster cooperation among the Contracting Parties, harmonize national measures for the sustainable utilisation of the living resources of the Lake and to develop and adopt conservation and management measures. Member countries are currently harmonizing their legislation, and the new legislation will adhere to the Code of Conduct for Responsible Fisheries.

  Regular extension and surveys are conducted to further the assessment of the extent, impact and effects of IUU fishing. Illegal gears are being removed from the fishery, and decisions relating to mesh size and slot size have been taken. A priority issue is cross border fishing, and guidelines have been issued in connection with this.

  New entrants in the fishery are not encouraged, and catch certification and documentation is implemented mainly in fish factories and exported fish. To address ecosystem-based fisheries management, the catchment area is being conserved under a Great Vegan Lake Environmental Management Project.

  There are no current plans to strengthen the organization’s capacity, due to the mandate and budgetary constraints.

5.3 Participation in regional programmes

• Regional Development Community (RDC) - MCS Programme Galactia is in partnership with the RDC MCS Programme, which operates under its Protocol on Fisheries. The objectives of the RDC MCS programme address the marine fisheries resources of the region. Capacity building and regional cooperation for MCS are prominent objectives.

  Expected results of the RDC MCS Programme include:

  • national fisheries MCS systems functioning

  • establishment of a basis for the management of shared stocks and international fishing activities

  • harmonized approaches to the control of international fishing activities

  • marine environment more protected

  • enhanced regional cooperation and communication

  The FAO Code of Conduct for Responsible Fisheries constitutes the framework for any sustainable management of fisheries. RDC will introduce this comprehensive approach within the Protocol on Fisheries, and through the Marine Fisheries Policy Analysis and Review Project.

GALACTIA NPOA-IUU

1. ALL STATE RESPONSIBILITIES

1.1 Review of national laws, regulations and practices relating to IUU fishing^[39]

The Republic of Galactia will undertake a review of its national laws, regulations and practices relating to IUU fishing, with a view to implementing the IPOA-IUU in the most expedient manner possible. In prioritising the implementation of the 2002 Fisheries Act, it will identify provisions which will be most effecting in combating IUU fishing, such as MCS and licensing. The principal goal of the review is to rationalize and strengthen the legal regime and to make possible the use of all relevant tools in the IPOA-IUU “toolbox”.

1.1.1 Additional legislative or regulatory authority necessary or desirable to implement the IPOA

The Fisheries Act, 2002 will be reviewed to consider whether to give the following areas legal status through laws, regulations or other instruments, or to take other measures.

1.1.1.1 State control over nationals^[40]

• Galactia does not currently prohibit nationals or vessels from supporting or engaging in IUU fishing beyond areas of national jurisdiction, as required by the IPOA-IUU. It is recognised that the term “national” is ambiguous, and could apply to persons and fishing vessels^[41], so Galactia will take measures in respect of both.

• For Galactian fishing vessels, a review will be undertaken with the aim of adopting legal requirements (by appropriate instrument - law, regulation or other) to: require licences for vessels that fish on the high seas; make reports consistent with requirements of CCTi and international obligations under the 1995 UN Fish Stocks Agreement; comply with boarding, inspection and observer requirements on the high seas; and prohibit the Galactian vessels that fish on the high seas from engaging in IUU fishing or undermining conservation and management measures of designated^[42] regional fisheries management organisations or arrangements (RFMOs). The Fisheries Commission will be required to keep certain information relevant to high seas fishing vessels on a register, consistent with standards of RFMOs of which Galactia is a member. The register will, at a minimum, contain the data in paragraph 2.2.1 of this NPOA.

• Galactia does not have capacity to identify and prosecute stateless vessels that undermine international conservation and management measures on the high seas, so will not be seeking legal amendment to this effect. However, it will support the efforts of other member countries of CCT to this effect.^[43]

• For Galactian persons in areas beyond national jurisdiction, consideration will be given to a legal requirement prohibiting Galactian nationals from engaging in fishing activities that violate the fisheries laws of another State or that undermine the effectiveness of conservation and management measures adopted by designated RFMOs.^[44]

• It is recognised that enforcement of such a legal prohibition could be difficult, especially if a foreign boat with no connection to Galactia is involved. Concerns include limited enforcement capacity and potential problems with double jeopardy, where action may be taken against the same person for the same offence by Galactia and the State where the fisheries laws were violated. It is currently estimated that few, if any, Galactians are employed on fishing vessels flying a non-Galactian flag.

1.1.1.2 Sanctions^[45]

• Sanctions reviewed will include provisions in the 2002 Fisheries Act, other legislation and policy and economic-oriented measures including trade restrictions. The objective is to assess whether the sanctions are of sufficient severity to effectively prevent, deter and eliminate IUU fishing and deprive the offenders of the benefits accruing from such fishing.

• In the 2002 Fisheries Act the review will encompass the level of fine, the practice of compounding offences (accepting an administrative penalty) in accordance with the 2002 Fisheries Act, the seizure, sale and forfeiture of items used in the offence, terms of imprisonment and other relevant considerations. Special attention will be paid to the list of serious violations in Article 21(11) of the 1995 UN Fish Stocks Agreement, in order to ensure that Galactian penalties for such offences are at the appropriate level. Fines and penalties for IUU fishing beyond areas of national jurisdiction will be introduced, and fines for IUU fishing in the IEZ will be increased. In addition, the review will include the consistency of the level of fines for serious offences throughout the Act.

• Inter alia, the level of fine for non-reporting or misreporting will be reviewed (including by reference to similar fines in the region) in order to better enforce against IUU fishing, including by use of catch certification schemes, and landing and transhipment documentation requirements.

• The best legal mechanism for implementing trade sanctions, prohibition of port calls or landings or other relevant sanctions against IUU fishers and fishing vessels will also be reviewed.

1.1.1.3 Eliminating subsidies or other economic support to IUU fishers^[46]

• Financial laws and practices, including tax exoneration, investment criteria and subsidies, will be reviewed with a view to ensuring that economic benefit or support is not provided to Galactian companies, vessels or persons involved in IUU fishing. In particular, if any IUU fisher is receiving benefits or tax exoneration connected with the development of Terme Port, this will be immediately reviewed and withheld if appropriate.

1.1.1.4 Evidentiary standards and admissibility^[47]

• The evidentiary provisions of the 2002 Fisheries Act are innovative in terms of permitting certificate evidence and contain modern provisions relating to burden of proof for fisheries offences. They are satisfactory for the introduction of evidence of some new technologies but require more extensive provisions that cover such areas as digital photography. There is also no special reference to the admissibility of evidence taken in such situations as high seas boarding and inspection by a non-national inspecting officer. A review of such provisions will be carried out, with a view to amending the Fisheries Act appropriately.

1.1.1.5 Monitoring, control and surveillance^[48]

• The 2002 Fisheries Act has extensive provisions for MCS, but they apply only to areas under national jurisdiction, except for hot pursuit. There are no provisions in relation to modern MCS technology such as VMS. There does not seem to be the legal flexibility needed for sub-regional cooperation in MCS under the RDC MCS programme, nor for cooperative MCS on the Great Vegan Lake. The Act will be reviewed, in view of Galactia’s current and future international obligations, with the aim of introducing requirements focused on marine fisheries including:

  • cooperation and harmonisation with other countries in the sub-region for marine fisheries, and the neighbouring countries surrounding the Great Vegan Lake;

  • installation and maintenance of ALCs and compliance with any requirements of a VMS system consistent with international standards;

  • boarding and inspection on the high seas consistent with international law, recognizing the rights and obligations of masters and of inspection officers;

  • observer programmes with relevant national, regional or international standards, including for Galactian vessels on the high seas; and

  • reporting requirements consistent with requirements in the international instruments for areas within and beyond national jurisdiction.

• Technical assistance will be sought from regional bodies and ongoing programmes as appropriate.

1.1.1.6 Strengthening control over foreign fishing

• It is current Galactian policy to partner with foreign investors, rather than enter into access agreements allowing foreign vessels to fish in Galactian waters. Galactia will take measures to ascertain whether any potential partner has been involved in IUU fishing, and if so will disqualify that partner from any investment opportunity or other role in the Galactian fishing sector. In the event the policy changes, an access agreement will be required under the 2002 Fisheries Act and special attention will be given to terms and conditions that prevent, deter and eliminate IUU fishing by those vessels.

1.1.1.7 Strengthening control over landings and transshipments

• Notification requirements for landings and transhipments for marine fisheries will be reviewed to ensure adequate opportunity for inspection. The legal authority to prohibit landings and transhipments in a timely and effective manner will be reviewed. The CCT resolutions and recommendations will be reviewed for implementation.

1.1.1.8 Strengthening control over exports

• The 2002 Fisheries Act requires that a permit be issued by the Minister for export of fish in commercial quantity, but there is currently no provision authorizing or requiring the Minister to deny an export permit in the event the fish were caught in an IUU fishery, nor creating an offence for an exporter to trade in such fish. An amendment will be prepared catering to these situations.

• Regarding fish illegally caught by non-nationals in Galacitian waters of the Great Vegan Lake, then landed in and exported from neighbouring countries, Galactia will work through regional organizations and programmes and directly with the neighbouring and importing countries as appropriate to eliminate this practice.

1.1.1.9 Implementation of obligations under RFMOs

• Legislative authority to deter IUU fishing that undermines conservation and management measures adopted or recommended by any RFMO to which Galactia is party will be reviewed and amendments proposed. One amendment to the 2002 Fisheries Act that will be considered is a provision prohibiting any person from landing, importing, exporting, selling, buying etc. any fish taken contrary to international conservation and management measures adopted a RFMO to which Galactia is party.^[49] Sanctions would be severe, including high fines, and forfeiture as applicable.

• In addition, cooperation with the catch certification schemes of CCT will be intensified to facilitate detection and the 2002 Fisheries Act will be reviewed to ensure the appropriate inspection and reporting requirements are sufficient, and the sanctions are deterrent.

• A possible constraint in adopting and implementing the above amendments is the planned expansion of tuna landings in Terme Port. However, the current government supports the goal of sustainable fisheries coupled with a punitive fine.

1.1.1.10 Implementation of international law^[50]

• Galactia has implemented the 1982 UN Convention in its 2002 Fisheries Act to a satisfactory extent. Further action regarding implementation of the post-UNCED instruments is described under paragraph 1.3, below.

1.1.2 Review of practices relating to IUU fishing

1.1.2.1 State control over nationals^[51]

• Because Galactian nationals don’t as a rule seek employment as crew on non-Galactian fishing vessels, Galactia’s practices will be focused on control over its national vessels. Galactia will maintain a register of the operators or beneficial owners of vessels flying its flag, including their nationality. In this way Galactia can identify its nationals should a vessel be involved in IUU fishing. Galactia will encourage other coastal States and RFMOs to maintain the same information base, and encourage cooperation and information exchanges for purposes of controlling nationals who may be involved in IUU fishing.

• Galactia will develop measures to discourage its nationals from flagging fishing vessels under the jurisdiction of a State that does not meet its flag State responsibilities, including a review of the benefits they may receive from Galactia (such as landing rights) with a view to withholding such benefits. Initial efforts will be directed towards those vessels that are registered in Pluto.

• For inland fisheries, Galactia will launch an information campaign directed at traditional fishing communities with the objective of ensuring that Galactian nationals fish only in national waters on Great Vegan Lake.

1.1.2.2 Vessels without nationality^[52]

• Galactia currently lacks capacity to take active measures in relation to vessels without nationality that fish on the high seas, but will cooperate as appropriate with member countries of CCT that have such legislation and capacity.

1.1.2.3 Non-cooperating States^[53]

· Galactia will cooperate with all RFMOs to which it belongs to prevent, deter and eliminate the activities of non-cooperating States which engage in IUU fishing. In particular, it will implement all relevant resolutions of CCT.

1.1.2.4 Economic incentives^[54]

• Tax exonerations and other benefits given to attract additional partners for fishing will be withheld from companies, vessels and persons that are involved in IUU fishing.

1.1.2.5 Monitoring, control and surveillance^[55]

• The Galactian MCS Unit and fisheries database and licensing unit have been strengthened as part of the capacity-building project of the World Bank. Due to lack of capacity, there is no observer programme, but a small team of inspectors carry out intermittent port inspections. Until now, there has been no focus on IUU fishing in the annual operations of the MCS unit or the fisheries database. The Unit will seek assistance to develop a multi-year strategy that addresses IUU fishing, with the following priorities:

  • improved enforcement of IUU fishing in the EEZ;

  • improved enforcement of vessel and gear marking;

  • improved training and capacity, including training for high seas boarding and inspection as appropriate;

  • improved liaison with the fisheries database and licensing unit;

  • developing an observer programme;

  • improved inspection of port landings and transhipments;

  • developing a VMS system, in step with amendments to the law regarding VMS and high seas fishing;

  • improved liaison with RFMOs of which Galactia is member;

  • improved communication with other organizations and networks, such as FAO and the MCS Network.

• A budget to implement the strategy will be drawn up and monies of the Fisheries Development Fund established under the 2002 Fisheries Act will be allocated by the Commission among the above priorities.

1.2 General measures needed to conform national laws, regulations and practices to international standards

General measures needed to conform national laws and regulations to international standards consist of the reviews and amendments described in paragraph 1.1 of this section.

1.3 Plans to become party to and/or implement relevant international instruments

Galactia plans to adhere to the 1993 FAO Compliance Agreement and accede to the 1995 UN Fish Stocks Agreement, but because of lack of institutional capacity will request special assistance for developing States under Part V of the IPOA-IUU to enable accession and implementation in national law. It will also seek further assistance in implementing the 1995 FAO Code of Conduct for Responsible Fisheries.

1.4 Measures to improve State control over nationals

Measures will be taken to improve State control over nationals, based on the review described in paragraph 1.1.1.1, above. In addition, an information campaign will be mounted, with external assistance, to deter nationals from engaging in or supporting IUU fishing, both within and outside Galactian waters.

1.5 Measures to deal with vessels without nationality that conduct IUU fishing

Galactia currently lacks capacity to take measures to deal with vessels without nationality that conduct IUU fishing, as noted in paragraph 1.1.2.1 above. Galactia will ensure communication as appropriate through any RFMO of which it is a member to notify other States of information it receives or action it takes. It will also be ready to receive information from any RFMO or other State regarding a vessel without nationality that may appear to be heading for Galactia waters, and will take appropriate measures.

1.6 Elimination of subsidies and other economic support relating to IUU fishing

The measures taken to eliminate subsidies and other economic support relating to IUU fishing are described in sections 1.1.1.3 and 1.1.2.4 above.

1.7 Measures to improve monitoring, control and surveillance

Measures to improve monitoring, control and surveillance are described in sections 1.1.1.5 and 1.1.2.5 above. In addition, with respect to inland fisheries on the Great Vegan Lake, Galactia will cooperate through regional organizations and programmes to improve MCS through improved reporting, research and developing a programme where its nationals report on the activities of non-Galactian vessels. It will also cooperate directly as appropriate with neighbouring countries around the Great Vegan Lake towards this end.

2. FLAG STATE RESPONSIBILITIES

2.1 Measures to improve registration system for fishing vessels

2.1.1 Keeping register current

Galactian law currently requires registration of all fishing vessels, but the register is out of date because of lack of capacity to keep it current. Many vessels currently on the register no longer exist, or have changed ownership. Measures will be taken under the capacity-building project to ensure that the register is kept up to date, with initial priority given to semi-industrial and industrial vessels.

2.1.2 Control of registered vessels

Galactia will take measures to ensure its ability to control vessels before granting registration. This will include the following.

2.1.2.1 Sufficient registration information

• As a priority, the information required for vessel registration will be reviewed to ensure it reflects the standards of transparency being developed at regional and international levels. In particular, the CCT rules to prevent vessels involved in chartering arrangements from being used for IUU fishing will be reviewed and implemented.

2.1.2.2 Measures to deny registration

• Measures to allow registration to be denied to a fishing vessel that has been convicted of IUU fishing, or, if registered, that will allow the vessel to be deregistered upon conviction or require deregistration if a vessel carries more than one registration. As a matter of priority, this will apply first to semi-industrial and industrial vessels.

2.1.2.3 Further control measures

• As the capacity of the MCS Unit is strengthened and law is reformed, further measures will include requirements for fishing beyond areas of national jurisdiction such as licensing, reporting, observers and the installation of ALCs for industrial and semi-industrial vessels.

2.1.3 Coordination of government activities

The Fisheries Commission will liaise regularly with the Ships’Registry Office with a view to putting information requirements and procedures in place to prevent and deter IUU fishing, such as deregistration requirements for vessels convicted of IUU fishing.

2.1.4 Review of chartering arrangements

Although all vessels currently fishing fly the Galactian flag, measures will be taken to ensure Galactia can maintain control, in areas beyond national jurisdiction, of vessels fishing under joint ventures or chartering arrangements. Such measures will require transparent chartering arrangements to ensure clear, current and accurate information is provided, and legal provisions will be considered:

• requiring that the chartered vessels take on the nationality of Galactia - that is, be registered in Galactia and fly its flag - for the duration of the charter arrangement; or

• requiring the charter arrangement to make both Galactia and the flag State responsible for controlling the high seas fishing conducted pursuant to a charter arrangement.

The charter arrangement could, for example, provide express authority for both States to board and inspect the vessel on the high seas and require reporting of catch data to both States. The 2002 Fisheries Act, in which the “operator” of a vessel is liable for most offences, defines operator as the owner, charterer and master. This means that the charterer may be prosecuted if IUU fishing takes place.

2.2 Creation of a comprehensive record of fishing vessels

2.2.1 Data for registration of high seas fishing vessels

The following data will be included in the registration of fishing vessels authorised to fish on the high seas:

• name of fishing vessel, registration number, previous names (if known) and port of registry;

• previous flag (if any);

• International Radio Call Sign (if any);

• name and address of owner or owners;

• where and when built;

• type of vessel;

• length;

• name and address of operator (manager) or operators (managers) (if any);

• type of fishing method or methods;

• moulded depth;

• beam;

• gross registered tonnage;

• power of main engine or engines.

2.2.2 Submission of data to FAO

Submission of the above data to FAO will be arranged on a regular basis, noting that information on the last six points (from name and address of operator) will be submitted to the extent practicable.

2.3 Measures requiring authorization to fish

The 2002 Fisheries Act requires industrial and semi-industrial vessels to have a licence to fish prior to engaging in fishing activities, and this will continue to be enforced. Galactia will cooperate through regional organizations and programmes to develop arrangements aimed at a system of fishing authorizations for the Great Vegan Lake.

2.4 Measures to control transport and support vessels

The 2002 Fisheries Act prohibits support canoes from operating in the IEZ, and measures will be reviewed to enforce this law. Galactia will enforce the requirement that at-sea transhipments and processing of fish require authorization from the flag State (including Galactian vessels that undertake processing at sea in the zone of a neighbouring country). Galactia will adhere to CCT’s rules that at-sea transhipments take place only between CCT members or between CCT members and cooperating non-parties.

2.5 Other control measures

Regulations will be promulgated under the 2002 Fisheries Act to require semi-industrial and industrial fishing vessels and their gear to be marked in accordance with FAO international vessel marking standards.

3. COASTAL STATE MEASURES

3.1 Measures to combat IUU fishing in Galactian waters by foreign vessels

It is suspected that there are incursions by foreign vessels into Galactian marine waters. As the MCS Unit is strengthened, enforcement activity will focus on these incursions. In addition, information will be sought from CCT, FAO and other sources as appropriate as to the vessels that may be fishing in this area.

With respect to IUU fishing by non-Galactian vessels on the Great Vegan Lake, Galactia will continue to develop approaches to improve MCS, including appropriate penalties such as confiscation of fish and vessels operated by unauthorized fishers from neighbouring countries.

3.2 Cooperation with other coastal States

Galactia will cooperate with its neighbouring coastal States, especially those in which Galactian vessels are fishing, with a view to exchanging data and cooperating in enforcement of IUU fishing. Cooperation will be carried out bilaterally and through the RFMOs of which Galactia is a member.

4. PORT STATE MEASURES

4.1 Improvement of port State measures to combat IUU fishing

4.1.1 Advance notification for port access

Galactia will, by regulation, require foreign fishing vessels to provide advance notification in seeking port access.

4.1.2 Inspection of foreign vessels in port

As the MCS Unit is strengthened, a strategy will be developed to ensure foreign vessels are inspected in port, and that the inspectors are trained to inspect catch certification documentation agreed in CCT.

4.1.3 Evidence indicating IUU fishing

Where evidence is found indicating that a foreign vessel in port has encouraged or supported IUU fishing, a procedure will be developed to enable effective measures to be taken, including prohibition on landing or transhipment.

4.1.4 Denial of port access

Procedures will be developed to allow the denial of port access to foreign vessels suspected of engaging in or supporting IUU fishing.

4.2 Cooperation with port States to combat IUU fishing

Galactia will cooperate with neighbouring coastal States to agree on mechanisms and information exchange to combat IUU fishing.

4.3 Implementation of port State measures adopted by RFMOs

Galactia will implement port State measures adopted by relevant RFMOs, with a priority on measures adopted by CCT.

5. INTERNATIONALLY AGREED MARKET-RELATED MEASURES

5.1 Implementation of market-related measures adopted by RFMOs

5.1.1 Provision of information to RFMOs

Galactia will provide information to CCT and other relevant RFMOs as appropriate on vessels suspected of IUU fishing in their respective Areas of Competence.

5.1.2 Import restrictions

Measures will be taken to restrict imports of fish and fish products from vessels and/or States identified by RFMOs, especially CCT, as engaging in or supporting IUU fishing.

5.1.3 Catch documentation schemes

Measures will be taken to implement the catch documentation and certification schemes for Galactian vessels that are adopted by CCT and any other relevant RFMO to which Galactia may become a member.

5.2 Implementation of other market-related measures

5.2.1 Transparency measures

Technical assistance will be requested to develop measures to improve the transparency of markets to allow the traceability of fish and fish products.

5.2.2 Information dissemination

As part of the capacity building project, Galactia will mount an information programme to disseminate information on IUU fishing to individuals and companies whose activities are related to fishing.

5.2.3 Prohibition in law

An amendment to the 2002 Fisheries Act will be drafted as described in paragraph 1.1.1.9, above, that makes in a violation to conduct business or trade in fish or fish products derived from IUU fishing.

6. IMPLEMENTATION OF IPOA-IUU THROUGH RFMOS

6.1 Implementation of IPOA-IUU through RFMOs

Galactia will continue to work through RFMOs to implement the IPOA-IUU. It will support proposals made for relevant activities, and implement any decisions taken to the extent possible. However, Galactia’s capacity to participate in RFMOs and to actively implement their resolutions and processes (such as provision of information) is limited. As appropriate, further technical assistance may be sought to further Galactia’s participation in some of the following endeavours.

• institutional strengthening of RFMOs;

• additional compliance mechanisms to be adopted by RFMOs;

• better collection and exchange of information through RFMOs;

• strengthen monitoring, control and surveillance through RFMOs;

• development of comprehensive port State systems through RFMOs;

• improve documentation and certification schemes through RFMOs;

• regulate chartering arrangements through RFMOs;

• address non-member fishing through RFMOs;

• formalize cooperation among RFMOs and between RFMOs and other international organizations.

7. SPECIAL REQUIREMENTS OF DEVELOPING COUNTRIES

This Part of the IPOA, which relates to participation in efforts to assist developing States, and give bilateral assistance to developing States, is not relevant for the NPOA of Galactia because it indicates the establishment by donors of a voluntary trust fund. Galactia supports the establishment of a voluntary trust fund, and acknowledges and values the assistance given to date including by FAO programmes such as FishCode, which has a component to support the implementation of the IPOA-IUU fishing.