Appendix L. Steps to be taken in developing a NPOA-IUU

REPORT OF WORKING GROUP 1

1) Which Ministries/Departments are involved in the elaboration of an NPOA-IUU?

a) Ministry of Agriculture, Forestry and Fisheries

- Department of Fisheries

b) Ministry of Interior

- Economic Department
- Local Authority

c) Ministry of Defence

- Military Marine
- Municipal Police
- Local Military

b) and c) will perform duty when the fisheries department request.

2) What constraints are likely to be faced in the elaboration of an NPOA-IUU?

a) Lack of understanding on NPOA-IUU especially on the concept, objectives, policies and principles behind.

b) Lack of funds to develop NPOA-IUU for instance the budget for conducting workshops, seminars, training to produce experts on NPOA-IUU

c) Lack of foreign Technical assistance for the formulation of the NPOA-IUU

d) Language barrier

e) Lack of detailed information on the provisions to be incorporated in NPOA-IUU

3) How can these constraints be overcome?

a) Send fishery officers to attend workshops and seminars organised by FAO to gain better knowledge on NPOA-IUU

b) Request FAO, International organization, NGOs and the government to provide financial support.

c) Request technical assistance inclusive of communication/working accessories e.g. Computers, visual aids from FAO and International organization to assist in the formulation of NPOA-IUU during workshops and seminars

d) Usage of English language as a standard medium for initial formulation.

e) Obtaining information from other countries’ fisheries situation and conditions

4) How national resources could be mobilized for the elaboration of a NPOA-IUU?

a) A national committee is to be formed comprising of competent officers from various government departments such as Department of Fisheries, Economic Police Department, Department of Crime, Department of Defence, Department of Environment for formulation of the NPOA-IUU.

b) Involve the specialists and the professors from universities and fisheries institutes have a

c) Involve the media to disseminate the information regarding the formulation of NPOA-IUU.

5) What considerations could affect the ability of countries to deliver a NPOA-IUU?

a) pending the enactment of a new Fisheries Act

b) The process to develop an official document on NPOA-IUU is long and tedious as it will undergo a painstaking scrutiny by the various organization, government sectors and stake holders.

c) Various sectors such as fishermen and private entrepreneurs might protest/object to the provisions /contents of the official document as the implementation thereof would be for their disadvantage..

6) Steps to be undertaken in elaborating a NPOA-IUU

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REPORT OF WORKING GROUP 2

1) Which Ministries/Departments are involved in the elaboration of an NPOA-IUU?

• Transportation and Communication and attached agencies/units responsible for the registration of fishing vessels, maintenance of registry, implementation of applicable international and national maritime laws as well as manning/qualifications of officers and crew on board such vessels

• Agriculture/Fisheries/Environment responsible for the conservation, management and utilization of fisheries and aquatic resources including the issuance of authorization / license for fishing gears/fishing vessels, and implementation of provisions under international law, regional arrangements, national legislation and regulations/policies

  • MCS Unit/Network -all agencies mandated by law to enforce fisheries laws and regulations in the State’s maritime zones

  • Ports Authority/ies responsible for the implementation of obligations and rights of the State as a Port state including regulation of private and government ports, transshipment, landings

  • Technical Agency responsible for the preparation of charts/maps for the delineation of maritime zones/limited fishing zones/protected zones

  • Policy and Planning Unit- reviews all fisheries regulations that must be issued to manage the fisheries

  • In some cases, stakeholder consultation is necessary (co-management councils for specific stocks, industry-government policy recommendatory body)

• Foreign Affairs on international relations

• Economic Development/Planning that sets out the medium and long-term development plans for the fishing industry (all subsectors)

• The Ministry of Defence/Coast Guard/Maritime Police responsible for enforcement of fisheries laws

• The Ministry of Finance/for the appropriations/budget allocations for each ministry/department/Customs for border entry/exit of fishery products in all forms

• The Ministry of Justice/Prosecutorial Service/Immigration Department for review of laws, prosecution of fisheries cases/ implementation of immigration rules

• Legislative Branch which is responsible for passage/amendment of fisheries national legislations, ratification of treaties, international agreements, review and amendment of judicial and administrative fines/penalties for certain IUU activities not covered by existing legislation

• Judicial Courts responsible for trial of fisheries cases and rule making for the admission of evidence

• Prime Minister/Head of State

• Co-management bodies (fisheries councils, associations)

2) What constraints are likely to be faced in the elaboration of an NPOA-IUU?

• Insufficient legal bases in existing regulations/legislation to comply with/implement some of the state responsibilities(coastal, port, flag and all state) under the IPOA

• Inadequate human resources/capacity/logistics to develop the document

• Incomplete assessment and evaluation of the extent and nature of IUU fishing activities in all the maritime zones

• Coordinative mechanism/s among Ministries/Departments/Agencies and legislative branch/ judicial courts

• No specific allocation(financial) for the exercise

• Incomplete consolidation of available literature, research studies, stock assessments, landings, to elaborate the fisheries profile

3) How can these constraints be overcome?

• To establish a committee composed of technical and legal experts from the respective ministries and from the two other branches (resource persons) to develop strategies in elaborating the NPOA.

• To make sure that the Finance Ministry will provide enough funding for preparation of the NPOA. Prime Minister/Head of State may be requested to issue a directive to provide funding/financial assistance from existing development projects.

• May request technical assistance from FAO and other donor agencies.

• Review policies/national legislation, regulation, to identify amendments or adjustments that will be proposed to the legislative/and or judicial branch -build up legislative agenda in parallel with the elaboration of NPOA.

4) How national resources could be mobilized for the elaboration of a NPOA-IUU?

• Identification of available financial assistance from existing development projects related to fisheries and harmonization of plans

• Core team from one of the projects would be requested to serve as the Secretariat for the coordinative committee and to call meetings, consultations, subcommittee deliberations

5) What considerations could affect the ability of countries to deliver a NPOA-IUU

• The elaboration may not be the priority of the legislative branch for the provisions that need national legislation

• Insufficient political will

• Stakeholder consultations may prolong the process (for the national legislation)

• Insufficient funding

• Further research/studies on fisheries situation may be needed

• NGOs and other donor agencies to support the technical assistant.

6) Steps to be undertaken in elaborating a NPOA-IUU

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REPORT OF WORKING GROUP 3

1) Which Ministries/Departments are involved in the elaboration of an NPOA-IUU?

• Ministry responsible for fisheries (Ministry of Fisheries/Agriculture/Marine Affairs)

• Ministry of Foreign Affairs

• Ministry of Transportation (in case fishing vessels is not handled by the Ministry of Fisheries)

• Ministry of Natural Resources and Environment (for protection of natural resources and trade in endangered species)

• Ministry of Interior Affairs and Defence (for coast guard, national security issues)

• Ministry of Custom and Trade (for custom and trade)

• Ministry of Finance (for budget)

2) What constraints are likely to be faced in the elaboration of an NPOA-IUU?

3) How can these constraints be overcome?

4) How national resources could be mobilized for the elaboration of an NPOA-IUU?

• National resources for the elaboration of an NPOA-IUU are human resources (fishery managers, scientists, law enforcement officers, MCS officers, legal officers, technicians, supporting, mass media, professionals and so on), fisheries laws and regulations, financial resources, equipment, facilities, etc. required for the elaboration of an NPOA-IUU.

• Based on political will and clear policy, establish an inter-agency coordination mechanism to identify and mobilize existing national resources required for the elaboration of an NPOA-IUU.

5) What considerations could affect the ability of countries to deliver an NPOA-IUU?

• National consultation to finalize the NPOA-IUU

• Endorsement of agencies concerned and acceptance from stakeholders on the NPOA-IUU

6) Steps to be undertaken in elaborating an NPOA-IUU

Notes:
1. Total timeframe for formulation and approval of NPOA-IUU is 9.5 months.
2. Total timeframe for legislation review/development is 12.5 months.

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REPORT OF WORKING GROUP 4

1) Which Ministries/Departments are involved in the elaboration of an NPOA-IUU?

• Ministry of Agriculture/ Department of Fisheries

2) What constraints are likely to be faced in the elaboration of an NPOA-IUU

• Lack of effective fisheries legislation

• Need for consultation - need to define stakeholders (Resistance by stakeholders on the imposition of regulation)

• Lack of capacity for monitoring, control and surveillance (MCS) and Vessel Monitoring System (VMS) - domestic and regional

• Lack of coordination with other government agency to enforce fisheries act or law

• Lack of political will

• Contradictory policy with the spirit of NPOA

• Lack of scientific evidence/information

• Overlapping claim of fishing area

• Over capacity in number of fishing vessel

• Socio-economic problems of fishermen community

• Lack of budget/fund

3) How can these constraints be overcome?

• Undertake process for effective fishery legislation and consultation

• Upgrading facilities/infrastructure and HRD for MCS

• Establishment of domestic and regional MCS network

• Conduct strategic planning to identify government agencies that we need to integrate efforts

• Convince politician to act according to the needs of the public interest

• Conduct awareness campaigns and educate stakeholders on the need for imposition of the regulation

• Identify the contradictory policy and harmonize these policies

• Conduct and secure scientific information on bio-technology, stock assessment and fisheries biology

• Settlement of the claims through diplomatic channel or establishment of regional plan of action (RPOA-IUU) for dispute areas

• Convince and request the budget from government to implement NPOA-IUU

• Formulate/create an exiting plan

• Government to focus the development of the fishery industry in the community

• Need for technical and financial assistance from international organizations

4) How national resources could be mobilized for the elaboration of a NPOA-IUU?

• Enforcement of laws (NPOA) - Department of Fisheries, Coast Guard, Marine Police, Navy, Maritime Coordinator Centre, Port Authority, Community, Fisheries Association and Bureau of Custom.

• Education and awareness - Department of Fisheries, Stakeholders such as NGOs and fishermen organization. Ministry of Education (to include these subjects as part of school curriculum

• Review of fisheries Law by Department of Fisheries and approved by Attorney General Office

• Increase capacity for MCS - Department of Fisheries, Ministry of Defend and Fishery Associations

• Food safety and quality - Fish inspectors and quality control to enforce food quality and eco-labelling enforcement

5) What considerations could affect the ability of countries to deliver a NPOA-IUU

• Time consuming for legislative process

• Length of time for consultation and coordination will depend on length of time taken to convince the stakeholders

• Availability of fund or budget

6) Steps to be undertaken in elaborating a NPOA-IUU

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REPORT OF WORKING GROUP 5

1) Which Ministries/Departments are involved in the elaboration of an NPOA-IUU?

• Fisheries

• Foreign Affairs

• Environment

• Transport

• Port Authorities

• Enforcement authorities

• Coastguard

• Customs

• Defence

• Attorney General’s Office (Legal)

• Finance

• Economic Planning

• Trade And Industry

• Labour

• Immigration

• Home Affairs

• Local government

In some countries, two or more of the above functions may be undertaken by one entity, and vice versa.

2) What constraints are likely to be faced in the elaboration of an NPOA-IUU

• Capacity:

  • Human resource

  • Finance

  • Logistics

• Differing/Overlapping functions among some entities:

  • Priorities

  • Objectives

  • Visions

  • Missions

• Weak coordination among different entities

• Politicians and policy makers

• Widely dispersed information

• Legal framework

  • Current laws not aligned to address relevant international fisheries-related legal instruments

3) How can these constraints be overcome?

• Capacity building:

  • Human Resource

    - Training/Capacity building

    - Recruitment and selection of suitable officers

    - Awareness programme (stakeholders, politicians, policy makers)

  - Technical Assistance from developed countries

  • Finance

  - Allocation of budget for all agencies concerned (e.g. Exit plan to reduce overcapacity and IUU fishing)

  - Sourcing for funds from relevant international organizations and from the industry or NGOs.

  • Logistics

    - Develop, expand and upgrade logistics (MCS, enforcement, communication, VMS, port facilities)

• Differing/Overlapping functions:

  • Identifying/Analysing/Agreeing on common functions

• Weak coordination among entities:

  • Top-down approach/directive

  • Identifying lead agency

• Politicians and policy makers:

  • Increase awareness of politicians and policy makers on IUU fishing (economic and social implications of IUU fishing)

• Widely dispersed information:

  • Establish and/or strengthen networking among relevant agencies by linking the different databases

  • Establish linkages with relevant RFMOs for information exchange

• Legal framework:

  • Review existing legal framework

  • Recommend a fast-track accession to international legal instruments

4) How national resources could be mobilized for the elaboration of a NPOA-IUU?

• Fisheries authorities to lead in the formulation of NPOA-IUU

• Forum and consultations:

• Core group discussions/meetings

• Expert group discussions/meetings

• Consultative workshops with Stakeholders (fleet/vessel owners, financiers, fishermen associations, fishers representatives, fish traders, fish processors, NGOs, etc.)

5) What considerations could affect the ability of countries to deliver a NPOA-IUU

6) Steps to be undertaken in elaborating a NPOA-IUU