The Fourth Global Fisheries Enforcement Workshop San Jose, Costa Rica, 17th – 21st February 2014 ”From Curb and FOC to Purple Notice ” Glimpses from the IUU-history – Johán H Williams, – Specialist Director, Norwegian Ministry of Trade, Industry and Fisheries norsk under ”oppsett”. kkkkk Chair, FAO Committee of Fisheries (COFI) 2012 - 2014 P resident, North East Atlantic Fisheries Commission Norwegian Ministry of Trade, Industry and Fisheries
CUR URB B I.U.U I.U.U and nd F.O.C F.O.C At FAO/COFI 1999 two new Klikk fane ”se gjennom”, concepts were introduced - ”språk” ” Curb IUU” and ” FOC-fishing ” Did not have a Clue Never looked back Some Victories Some Sisyfos ”Sett Inn” New Allies 2 Norwegian Ministry of Trade, Industry and Fisheries
FAO/COFI 1999 • § 20 ”…… underlined the important role RFMOs can play in respect of Klikk fane ”se gjennom”, ……..and illegal fishing ” ”språk” • § 72 ” …. was concerned about information presented indicating increases in illegal, unreported and unregulated fishing, including fishing vessels flying ” flag of convenience ”…… …………………. Several delegations urged that FAO convene a meeting of experts …. followed by a technical consultation that would report to the 24th COFI” ”Sett Inn” Johán H. Williams. Nærings- og fiskeridepartementet Presidente, FAO/COFI 2012-2014
FAO Fisheries Minister Meeting - March 1999 Klikk fane ”se gjennom”, declared; ”språk” ”FAO will develop a global plan of action to deal effectively with all forms of illegal, unregulated and unreported fishing, including fishing vessels flying ” flags of convenience ” through coordinated efforts by states, FAO, relevant regional …….. as provided in Article iv of the Code of Conduct ” ”Sett Inn” 4 Nærings- og fiskeridepartementet
FAST TRACK to IPOA-IUU May 2000 - Expert Consultation Klikk fane ”se gjennom”, (hosted by Australia) October 2000 and February 2001- ”språk” Technical Consultation concluded a draft IPOA March 2001 - FAO/COFI adopted the draft; ”International Plan of Action to preventdeter and eliminate illegal, unreported and unregulated ”Sett Inn” fishing ” …….. THE IPOA-IUU 5 Nærings- og fiskeridepartementet
The he IP IPOA OA-IUU IUU - Gu Guid idance nce to RF o RFMOs MOs Records of authorised vessels Records on IUU vessels MCS (VMS, transhipment and port measures) Boarding and inspection schemes Observer programmes Market related measures CANADIAN RESERVATION – an example how fast the tide turns Nærings- og fiskeridepartementet
THE (IR)RESPONSIBLE Flag State duties The failure of flag States to effectively control the fishing operations of vessels flying their flags is main reason for the problem of IUU fishing. Reliance on the implementation of flag State duties to prevent IUU fishing has proved to be insufficient, and enhanced port State control is thus crucial in combating IUU fishing. When it comes to the responsibilities of the flag State, articles 91-94 of Klikk fane ”se gjennom”, the LOS Convention gives flag States a legal basis to exercise effective jurisdiction and control over ships flying their flag, including fishing vessels. At ”språk” the core of these duties is the obligation to provide a genuine link between a fishing vessel and the flag State, and a link that makes it possible to exercise effective flag State jurisdiction. The flag State responsibilities concerning fishing vessels on the high seas are spelled out in Part V of UNFSA, which sets out specific obligations which the State must fulfill before allowing its vessels to conduct fishing operations on the high seas, including in areas under the competence of RFMOs. Although these duties apply to high seas fishing, many States use them as standards relevant to all areas. A flag State should not authorize its vessels to fish unless it is able to exercise effectively its responsibilities in respect of such vessels. The flag State is required to take measures to control its vessels fishing by means of licenses, authorizations or permits, and to adopt regulations that include: the prohibition of fishing without authorization, the prohibition of fishing in contravention of the terms of the licenses or permits; the obligation to carry on board the license, ”Sett Inn” authorization or permit; and the prohibition of fishing without a permit in areas under the national jurisdiction of other States. (Terje Løbach, IUU Fishing in Africa Conference) 2010) 7 Nærings- og fiskeridepartementet
Port State Measures – Phase I IMO Expert Consultation IUU 2000 OECD IPOA – IUU 2001 FAO Ministerial Expert Consultation 2002 Declaration 2005 Technical Consultation 2004 Seminars FAO Model-Scheme 2005 Norwegian Ministry of Trade, Industry and Fisheries
…. Interesting ….. A Problem Area - not a Problem Academic Interesting FAO (Developing Countries) Experts Ministers Declaration Models 2005 the NorthAtlantic Turning Point Norwegian Ministry of Trade, Industry and Fisheries
The North East Atlantic Cod Fisheries - Something was wrong 2005/2006 – The Northeast Atlantic Cod Klikk fane ”se gjennom”, Stock was at the brink of collapsing - due ”språk” to what ? Depletion of the stock would have been a disaster to a number of local communities The development of the stock did not match the reported catch figures. Something was wrong ! ”Sett Inn” Norwegian Ministry of Trade, Industry and Fisheries
Th The e North rth East t Atlan lantic tic Cod S Fis isheries heries - Somethin mething wa was ver ery wr wrong ng t a r 2005/2006 – The Northeast Atlantic Cod Stock Klikk fane ”se gjennom”, t was at the brink of collapsing due to IUU fishing i ”språk” Based on observations and information n g collected from numerous sources it was estimated a Russian IUU fishing on cod of p more than 101.000 tons o The International Council for Exploration of i n the Seas (ICES) estimated using other t methods the IUU fishing to 166.000 tons that same year ”Sett Inn” Norwegian Ministry of Trade, Industry and Fisheries
Very Very Wrong S t a It was revealed direct ownership in r Russian flagged IUU vessels in a number Klikk fane ”se gjennom”, t of countries, amongst others Russia, i Spain and Portugal ”språk” n g In addition it was found direct economic involvement in trade and production of p IUU fish in Norway, Sweden, Denmark, o Germany, Netherlands, Morocco, China Illegal transshipment i in the Barents Sea. and others The fish was then n landed in European ports. t A number of countries were identified having established services assisting in issuing flag of convenience to IUU ”Sett Inn” vessels Norwegian Ministry of Trade, Industry and Fisheries
Mobilizing the Masses National, Regional, Global Klikk fane ”se gjennom”, • Parliament ”språk” • Cabinet • Ministry, Directorate, Research • Industry • Public awareness • Media • !!!!! Ministry of Finance !!!!! ”Sett Inn” 13 Norwegian Ministry of Trade, Industry and Fisheries
200 006 6 – the he Gro round undbr breakin eaking g Ye Year Already in August 2006 a Number of Actions were taken Klikk fane ”se gjennom”, Extraordinary mid-year budget-allocation for Directorate of Fisheries and the Coast Guard ”språk” Policemen and Military Officers were employed Political contact to Russia on all levels, including Prime Minister and Minister of Foreign Affairs Existing control cooperation agreements reviewed and strengthened and new ”Sett Inn” agreements were entered into with Portugal and Lithuania Norwegian Ministry of Trade, Industry and Fisheries
200 006 6 – the he Gro round undbr breakin eaking g Ye Year - even more Actions were taken Increased effort in the relevant Regional Fisheries Klikk fane ”se gjennom”, Management organizations, NEAFC and NAFO with the purpose of establishing regional schemes to combat IUU ”språk” New Port State Agreement for the North-east Atlantic was drafted and proposed to the North East Atlantic Fisheries Commission (NEAFC). Increased co-operation with the EU-Commission The issue on IUU fishing was raised in FAO and other UN organizations – addressing the issue and pointing at the need for a global port state control regime Political awareness was raised through two multilateral ”Sett Inn” minister conferences in Norway addressing IUU Direct political contact taken to all relevant countries Norwegian Ministry of Trade, Industry and Fisheries
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