REPORT OF WORKING GROUP 1
Minister
To convene and chair the meeting.
To give decision
To direct members of the meeting to brief him on their functions in solving the problem.
Chief Fisheries Officer
To brief the Minister of the incident concerning the incursion of a foreign fishing vessel into the EEZ of Zoro.
The vessel has been fishing with an estimated catch of 200 tonnes (based on past catch records, industry intelligence and air photographs).
Medium-scale fishers operating vessels up to 200 GRT have claimed that the Galapagos Beauty is flying more than one flag.
Zoro has a lack of MCS capacity (i.e. only 1 small multi-purpose vessel and a light aircraft for MCS).
Investigations have revealed that the Galapagos Beauty is not registered in the neighbouring country Camilla.
The interception of radio communications have revealed that the vessel will land its catch in Hella in Camilla.
The Galapagos Beauty is engaged in IUU fishing.
Representative from Government Solicitor
To consider the case according to Zoro’s laws and to ascertain what legal action should be taken against the operators of the fishing vessel.
Senior MCS Officer
To be alert and act immediately in the event that there is news of a foreign fishing vessel operating in Zoro’s EEZ.
To request other enforcement agencies such as the navy and the marine police to assist in patrol operations in the EEZ and to make arrests as required.
To request the government to build additional MCS vessels to patrol the EEZ.
President of the Fisher Association
To inform fishermen to be the “eyes and ears” of the government (i.e. to inform the enforcement agency immediately about any sightings of foreign fishing vessel incursions into the EEZ so as to enable the MCS vessel to act fast to apprehend and arrest such vessels).
Coordinator of the International MCS Network
To obtain information from the International MCS Network about the origin and flag State of the vessel.
To see whether this vessel is a “blacklisted” vessel.
To inform other coastal States that this vessel is engaged in IUU fishing.
Director of the Oceanic Fisheries Commission (OFC)
To request responsible authorities in Camilla to disallow the landing of catches by the Galapagos Beauty in the Port of Hella and also to request that the fish not be sold because it has been taken illegally in Zoro’s EEZ.
To request the Camilla vessel registry not to permit the Galapagos Beauty to fly the Camilla flag.
REPORT OF WORKING GROUP 2
Assessment of the Issue
The foreign flagged vessel Galapagos Beauty has no authorization to fish in the Zoro’s EEZ. However, the vessel has been sighted fishing in the EEZ.
The beneficial owner of the vessel is a resident of Falu. The vessel Galapagos Beauty is registered and flagged in Camilla, but no registration record exists.
The vessel will be landing its catch at the port of Hella that is 350km from Angona. The catch will be exported to Zetland. The authorized fishers in Zoro are claiming that Galapagos Beauty is catching the fish that they are authorized to catch.
Flag State = Camilla
Port State = Hella
Coastal State = Zoro
Market State = Zetland
The strengths of Zoro as a Coastal state are:
good surveillance, light aircraft but limited MCS,
new member of the international MCS Network, and
it’s a member of the Oceanic Fisheries Commission (OFC).
Assumptions
Camilla, Hella and Zoro are members of the Oceanic Fisheries Commission (OFC) but Falu is only a cooperating state.
Zetland has a NPOA-IUU. One of its market-related measures related to trade for pomp, cot and rouly of rules on origin of fresh chilled and frozen fish.
Camilla, Hella and Zetland have ratified the 1982 UN Convention on the Law of the Sea.
The members of the OFC have agreed to observe all management and conservation measures on straddling stocks.
The stocks are pomp, cot, rouly are straddling stocks that occur both in the EEZs and in areas beyond national jurisdiction.
The Galapagos Beauty has followed the migration patterns of the straddling stocks from the EEZ of Camilla into the EEZ of Zoro and stayed there for four days.
The OFC is a subregional fisheries body that manages straddling stocks.
Some of the conservation and management measures adopted by OFC include:
a) The flag State should ensure before it registers a fishing vessel that they can exercise responsibility to ensure that the vessel does not engage in IUU fishing.
b) Before a vessel is registered it should have an accurate record and it should have authorization from the flag State and coastal State adjacent to it which shares the same straddling stocks.
c) Members are obliged to cooperate and exchange information on authorized vessels. The owner must ensure that an authorization to fish is issued when vessels are entered on the vessel register.
d) All straddling stocks caught within the EEZ of any coastal State that is a member of OFC should be landed and certified by a custom officer as having been caught in that costal State by an authorized fishing vessel.
Strategies
Senior MCS Officer
should get all available information about the Galapagos Beauty. This should be done in coordination with the Coordinator of the International MCS Network. There is no record of IUU fishing having been committed by the vessel. It has been sold recently to a resident of Falu and no records have yet been forwarded to Camilla. Previous records of the former owner showed that the vessel had been fishing in a responsible manner in Falu. The vessel is registered and authorized to fish in Falu.
Representative from the government Solicitor
should review national legislation, subregional and regional arrangements and international law both binding and voluntary. National law permits vessels to fish in the EEZ but in a limited zone.
Chief Fisheries Officer
should check records of all fishing vessels authorized to fish in Zoro’s waters. The Galapagos Beauty has recently applied for an authorization to fish.
President of the Fishers Association
in a letter to the Minister said that the results of a meeting of the Association showed that they agreed to the issuance of the authorization to fish for the Galapagos Beauty in Zoro’s EEZ provided the vessel fished only within the limited zone and in compliance with national laws, including the payment of license fees and compliance with applicable subregional arrangements on MCS.
Minister
should first rely on the subregional arrangements before applying its criminal laws. He should coordinate with the Director of OFC and undertake checks on the record of the new owner of the vessel. Although he is a resident of Falu, the new owner is a national of Camilla and has just set up a business office in Falu. The Minister has directed the Chief Fisheries Officer not to issue a license until the flag State has complied with its flag State responsibilities including keeping of records of all registered vessels and issuing the authorization to fish in another coastal State, once that coastal State has agreed that it will issue an authorization to fish for the vessel in its waters.
Director of OFC
in a letter to the Minister of Zetland seeks its cooperation by applying its trade-related measures to specific stocks. The Director called a meeting of OFC members and cooperating States and has agreed on a new management measure; that all member and cooperating States should adopt NPOAs-IUU and a subregional strategy for MCS, including compliance with all flag State responsibilities. In that meeting, the Minister of Camilla requested assistance from OFC to develop its NPOA-IUU. Members agreed to seek help for Camilla from FAO. The Minister of Hella stated that his country will apply port State measures strictly and not permit the landing or transshipment of catches from vessels unless they provide copies of their authorizations to fish, details of fishing trip and quantities of fish on board.
REPORT OF WORKING GROUP 3
The following actions should be undertaken:
Minister
To seek the cooperation between neighbouring States and importing countries.
To seek the cooperation from line ministries such as the Ministry of Defence, Navy, coast guard, etc.
To request a budget to enhance national capacity to combat IUU fishing.
To inform Parliament about the strategy to deal with IUU fishing.
Chief Fisheries Officer
To request Hella (port State) to refuse landings and transshipment of catches from the Galapagos Beauty.
To formulate or strengthen the IPOA-IUU.
Representative from the Government Solicitor
To review and revise existing laws and regulations relating to measures to combat IUU fishing.
Senior MCS Officer
To enhance the national MCS development plan.
To seek cooperation from fishers to support MCS operations.
To coordinate and collaborate with MCS officers from neighbouring States.
To inform the International MCS Network about the activities of the Galapagos Beauty.
President of Fishers Association
To request members of the Association to disseminate information about IUU fishing.
To inform members of the Association about actions being taken by the government against IUU fishing.
To seek the cooperation of members of the Association not to engage in IUU fishing practices.
Coordinator of the International MCS Network
To update records about the IUU fishing by the Galapagos Beauty.
To seek cooperation from members of the Network to take action against the Galapagos Beauty.
Director of the Oceanic Fisheries Commission
To request evidence from the Chief Fisheries Officer concerning the IUU fishing activities by the Galapagos Beauty and to place the vessel on the OFC’s “blacklist”.
To urge members of the OFC to take all possible steps to combat IUU fishing.
REPORT OF WORKING GROUP 4
Minister
To set up the meeting of the Committee to address the problem of the Galapagos Beauty.
To propose to the Committee to confirm all the data available and the other data required.
To write a letter to the Republic of Falu requesting confirmation of the owner of Galapagos Beauty and its registration.
To request the port State of Hella not to accept landing from the Galapagos Beauty and to inform the Coordinator of the International MCS Network about the IUU fishing activities of the vessel. Also to request other members not to accept the catches of products from the vessel and further request the national supermarket chain of Zetland not to accept the catch from the Galapagos Beauty, including a request to terminate the forward contract for the catch because it is contraband.
To request the Minister for Defence to assist in the apprehension of the Galapagos Beauty.
To request the Oceanic Fisheries Commission (OFC) to blacklist the Galapagos Beauty and to pass this information on to other Members so that they use this information to apprehend the Galapagos Beauty while it is in their jurisdiction.
Chief Fisheries Officer
To report to the Minister on the information gathered and to transmit it to the Government Solicitor.
To request information from the Registry Manager of the Republic of Falu on the registration details of the Galapagos Beauty.
To confirm whether pomp, cot and rouly are included on the CITES listing. If yes, to inform European and North American countries not to accept catch from the Galapagos Beauty or its owners/agents.
Representative of the Government Solicitor
To request the MCS division to apprehend the Galapagos Beauty.
To inform the International MCS Network about the IUU fishing activities of the Galapagos Beauty and request any information that the Network might have.
To study legal instruments for the possible prosecution of crew members of the Galapagos Beauty.
Senior MCS Officer
To inform the International MCS Network about the Galapagos Beauty and request any information the Network might have on the vessel because of Zoro’s limited MCS capacity. Zoro would need the exact location of the vessel to facilitate apprehension.
To provide data and other information available to the Chief Fisheries Officer and the Minister.
To request Falu to inform the International MCS Network on the registration details of the Galapagos Beauty. If the Network can confirm that the vessel has more than one registration, it can be pursued and apprehended as a stateless vessel.
President of the Fishers Association
To inform members to watch out for the Galapagos Beauty and, if sighted, immediately report the vessel’s location to the MCS Officer and Chief Fisheries Officer.
To request all members to report any incursions by foreign fishing vessels into Zoro’s EEZ.
Coordinator of the International MCS Network
To clarify information received from Zoro’s Senior MCS Officer, to disseminate information received and to include the Galapagos Beauty on the Network’s “blacklist” of vessels engaged in IUU fishing activities.
To request members to track the movement of the Galapagos Beauty and to submit any information about the vessel to the Network.
Director of Oceanic Fisheries Commission
To inform members about the Galapagos Beauty’s IUU fishing activities and to request members to transmit data/information on the vessel to Zoro through the Minister.
To “blacklist” the Galapagos Beauty if it is found to be an IUU fishing vessel.
REPORT OF WORKING GROUP 5
Assumptions
The fisheries law of Zoro has clauses dealing with IUU fishing.
Countries mentioned in the case are members of the Oceanic Fisheries Commission (OFC) and the International MCS Network.
Inputs have been gathered in prior meetings.
The meeting convened by the Minister will come up with a short-term strategy to combat the IUU fishing problem at hand.
Strategy
Preliminary Investigation
Use the information provided in the case (e.g. the vessel has taken about 200 tonnes of fish; 4 days in Zoro’s EEZ, Camilla has no record on its registry of the Galapagos Beauty.
Zoro has at most two days to take action.
Information Gathering
The Chief Fisheries Officer will ask the MCS officer to make a report on all information available about the vessel.
The MCS officer will check with the International MCS Network and OFC to determine if they have information about the vessel (e.g. name, name of operator, name of owner, flag of registry, fishing authorization, and all other necessary information).
Surveillance
Send a light aircraft to conduct close surveillance (e.g. take photos).
Information Advisory
Inform the OFC about the activities of the vessel and request assistance to advise the port and other States about the IUU fishing activities of the vessel.
Contact Camilla, Hella and Zetland to request them no to permit the Galapagos Beauty to land its fish or to sell its catch.
Apprehension
Contact the captain of the Galapagos Beauty and ask him to stop fishing and go to the nearest port of Zoro.
Dispatch the multi-purpose surveillance vessel.
Apprehend and charge in court (confiscate catch and confiscate vessel - to be released upon posting of a reasonable bond)
Other Actions
Contact the vessel owner.
Contact the registry of flag.
Inform the Fisher’s Association of the actions taken by the Government.
Inform Parliament of developments.
Specific Tasks
Minister
Call a meeting to discuss the problem.
Seek consensus to inform the public and Parliament on the actions being taken by the Government to address the problem.
Chief Fisheries Officer
Instruct the MCS officer to obtain the necessary information from the International MCS Network and OFC.
Deploy an aircraft to get a position of the Galapagos Beauty and to take photographs.
Make contact with the Galapagos Beauty and inform the captain of the offences committed and instruct the vessel to go to port.
Deploy an enforcement vessel to board Galapagos Beauty.
Government Solicitor
Provide a legal view on offences committed by the vessel.
Initiate proceedings in accordance with national and international law and policy framework.
Senior MCS Officer
Acquire and transfer the information to relevant authorities and agencies in the countries concerned.
Coordinate the deployment and enforcement of vessel and aircraft surveillance.
President of Fishers Association
Inform stakeholders of the actions taken by the Government.
Request fishers not to take any drastic action against Galapagos Beauty.
Coordinator of International MCS Network
Provide information/data on the fishing activities of the Galapagos Beauty.
Relay messages to RFMOs/States cooperating with the MCS Network.
Director of Fisheries Commission
Provide information on the Galapagos Beauty if it is “blacklisted”.
Coordinate with members of OFC to facilitate Zoro’s request not to permit port and market access to the Galapagos Beauty or its catch.
