Working together to combat IUU fishing to ensure the...

Speaker: Fábio H. V. Hazin ([email protected]; [email protected])Departamento de Pesca e Aqüicultura/ UFRPE- Associate ProfessorCOFI/ FAO/ UN Chair

Universidade Federal Rural de Pernambuco, Brazil

Fisheries and AquacultureDepartment

Working together to combat IUU fishing to ensure the sustainability of world fish stocks: the role of COFI/FAO

What is COFI/FAO?

The FAO Committee on Fisheries (COFI) was established as a subsidiary body of the FAO Council, at the Thirteenth Session of the FAO Conference, in 1965.

A bit of history…

The Committee held its First Session in 1966, and thereafter annually until 1975, when the sessions begun to be held biennially. So far, the Committee has held 31 sessions, the last one in June 2014. The next one will be held in 2016.

Since its foundation, COFI has been the only global inter-governmental forum where the major international fisheries and aquaculture problems and issues are examined and addressed, in a world-wide basis. COFI has also been the main forum in which global agreements and instruments related to fisheries and aquaculture are negotiated.

PresenterPresentation NotesHere you see a brief historical background of the Committee on Fisheries.

What is COFI/FAO?

Lester Bowles Pearson presiding at a plenary session of the founding conference of the United Nations Food and

Agriculture Organization, in Quebec, in October 1945

A bit of history…

PresenterPresentation NotesHere you see a brief historical background of the Committee on Fisheries.

Composition of participantsof COFI 31 (2014)

66%3%

2%

11%

18%COFI Members andAssociate Members

Observers from FAOMembers and Holy See

Observers from UNAgencies

Observers from IGOs

Observers from NGOs

110 countries, 350 participants

27 NGOs, 96 participants

Over 600 participants!

PresenterPresentation NotesComposition of participants in COFI 31 (2014) (the number of the persons participated in the session)

COFI Members: 110 countries and 347 participantsAssociated Member of COFI: 1 (Faroe Islands) and 3 participants.

Observers from FAO Members: 5 countries and 12 participantsHoly See: 3 participants

Observers from UN, UN Specialized Agencies and Related Organizations: 6 organizations and 12 participants

Observers from Intergovernmental Organizations (IGOs): 37 organizations and 59 participants

Observers from International Non-Governmental Organizations (INGOs): 27 organizations and 96 participants.

The list of participants is available on the COFI Website: http://www.fao.org/cofi/41776-0ce177486b379dabb9408da3acd708a7b.pdf

World coverage of the participation

PresenterPresentation NotesIn the case of COFI 27 (2007) the Session was attended by 119 Members of the Committee, 4 Observers from other FAO Members, the Holy See, 5 Specialized UN Agencies and 62 intergovernmental and international non-governmental organizations.

Participation by COFI Members(number of delegations)

0

20

40

60

80

100

120

140

18 19 20 21 22 23 24 25 26 27 28 29 30 31

COFI Sessions

Number of Delegations

PresenterPresentation NotesThis Graph shows the number of Delegations participating as Members of the Committee.

For your information, FAO Members need to notify the Secretariat of their intention of becoming members of a Committee. They can attend without doing so, but would be considered observers.

In an effort to streamline and improve our work, this rule is being changed and Members will not need to renew their membership every two years. They will continue being members as long as they attend the sessions of the Committee.

Chart1

Sheet1

COFI SessionAttending COFI Members

1895

1998

20106

21120

2292

2398

24105

25120

26117

27119

Sheet1

Participating COFI Member Delegations

Sheet2

Sheet3

Gráf1

18

19

20

21

22

23

24

25

26

27

28

29

30

31


95

98

106

120

92

98

105

120

117

119

113

115

120

119

Sheet1

COFI SessionAttending COFI Members

1895

1998

20106

21120

2292

2398

24105

25120

26117

27119

28113

29115

30120

31119

Sheet1


Sheet2

Sheet3

What are the tasks of COFI/ FAO? To review the work programs of FAO in the field of fisheries

and aquaculture and their implementation;

Subcommittee on Fish Trade (1985)

Subcommittee on Aquaculture (2001)

To conduct periodic general reviews of international fishery problems and examine possible solutions through national, FAO, and intergovernmental programmes;

To review specific matters relating to fisheries referred to it by the FAO Council or the Director-General, or at the request of Member Nations, and make recommendations as appropriate.

PresenterPresentation NotesCOFI meetings are held biennially and are open to any FAO Member and non-Member eligible to be an observer of the Organization (Representatives of the UN, UN bodies and specialized agencies, regional fishery bodies, and international and international non-governmental organizations). The two main functions of COFI are:to review the programmes of work of FAO in the field of fisheries and aquaculture and their implementation; andto conduct periodic general reviews of fishery and aquaculture problems of an international character and appraise such problems and their possible solutions with a view to concerted action by nations, by FAO, inter-governmental bodies and the civil society. COFI may establish sub-committees on certain specific issues, and has done so in two cases: the Sub-Committee on Fish Trade, and the Sub-Committee on Aquaculture.

Such subsidiary bodies meet in the intersessional period of the parent Committee.

COFI constitutes the only global inter-governmental forum where major international fisheries and aquaculture problems and issues are periodically examined and recommendations are addressed to governments, regional fishery bodies, NGOs, fishworkers, FAO and the international community.

COFI has also been used as a forum in which global agreements and non-binding instruments were negotiated.

The flagship among these is the 1995 FAO Code of Conduct for Responsible Fisheries. Together with the other voluntary fisheries instruments that were developed within its framework, – the four International Plans of Action on Seabirds, Sharks, Fishing Capacity, and IUU Fishing, and the FAO Strategy for Improving Information on Status and Trends in Capture Fisheries – the Code embraces and informs FAO’s fisheries work programme and seeks to hasten structural adjustment within the fisheries sector as a means of putting it on a more sustainable footing.

What COFI/FAO has done to combat IUU Fishing?

1982 United Nations Convention on the Law of the Sea (167 Parties) Entered into force in November, 1994. Article 94- Duties of the flag State Article 118- Cooperation of States in the conservation and management of

living resources Article 218- Enforcement by port States

1992 The International Conference on Responsible Fishing (Cancun) The Declaration of Cancún

1992 United Nations Conference on Environment and Development Agenda 21/ Chapter 17- Protection of the oceans, all kinds of seas, including

enclosed and semi-enclosed seas, and coastal areas and the protection, rational use and development of their living resources Sustainable use and conservation of marine living resources of the high seas; Sustainable use and conservation of marine resources under national jurisdiction; Strengthening regional and international cooperation and coordination;

UNGA Resolution 47/192, December 22, 1992 United Nations Conference on Straddling Fish Stocks and Highly Migratory Fish Stocks

Some background:

1995 Agreement for the implementation of the provisions of UNCLOS relating to the conservation and management of straddling fish stocks and highly migratory fish stocks: The New York Agreement, UNFSA (82 Parties) Entered into force in December 11, 2001. Part VI- Compliance and Enforcement.

Art. 19- Compliance and enforcement by the flag stateArt. 20- International cooperation in enforcementArt. 21- Subregional and regional cooperation in enforcementArt. 22- Basic procedures for boarding and inspection pursuant to article 21Art. 23- Measures taken by a Port State

2002 World Summit on Sustainable Development Johannesburg Declaration on Sustainable Development

31. To achieve sustainable fisheries, the following actions are required:(a) Maintain or restore stocks to levels that can produce MSY aiming at achieving these

goals for depleted stocks on an urgent basis and where possible not later than 2015;

(d) Urgently develop and implement national and, where appropriate, regional plans of action, to put into effect the FAO international plans of action, in particular the IPOA on Fishing Capacity, by 2005, and the IPOA on IUU Fishing, by 2004. Establish effective monitoring, reporting and enforcement, and control of fishing vessels, including by flag States, to further the IPOA on IUU Fishing;

(f) Eliminate subsidies that contribute to illegal, unreported and unregulated fishing and toovercapacity (...).

2012 World Summit on Sustainable Development (Rio +20) The Future we want

113. We also stress the crucial role of healthy marine ecosystems, sustainable fisheries and sustainable aquaculture for food security and nutrition and in providing for the livelihoods of millions of people.

170. We acknowledge that IUU fishing deprive many countries of a crucial natural resource and remain a persistent threat to their sustainable development. We recommit to eliminate illegal, unreported and unregulated fishing as advanced in the Johannesburg Plan of Implementation, and to prevent and combat these practices

Goal 14: Conserve and sustainably use the oceans, seas and marine resources By 2020, effectively regulate harvesting and end IUU fishing (…)

2015

http://www.un.org/sustainabledevelopmenthttp://www.un.org/sustainabledevelopmenthttp://www.un.org/sustainabledevelopment/energy/http://www.un.org/sustainabledevelopment/energy/http://www.un.org/sustainabledevelopment/climate-change-2/http://www.un.org/sustainabledevelopment/climate-change-2/http://www.un.org/sustainabledevelopment/hunger/http://www.un.org/sustainabledevelopment/hunger/http://www.un.org/sustainabledevelopment/economic-growth/http://www.un.org/sustainabledevelopment/economic-growth/http://www.un.org/sustainabledevelopment/oceans/http://www.un.org/sustainabledevelopment/oceans/http://www.un.org/sustainabledevelopment/health/http://www.un.org/sustainabledevelopment/health/http://www.un.org/sustainabledevelopment/infrastructure-industrialization/http://www.un.org/sustainabledevelopment/infrastructure-industrialization/http://www.un.org/sustainabledevelopment/biodiversity/http://www.un.org/sustainabledevelopment/biodiversity/http://www.un.org/sustainabledevelopment/education/http://www.un.org/sustainabledevelopment/education/http://www.un.org/sustainabledevelopment/inequality/http://www.un.org/sustainabledevelopment/inequality/http://www.un.org/sustainabledevelopment/peace-justice/http://www.un.org/sustainabledevelopment/peace-justice/http://www.un.org/sustainabledevelopment/gender-equality/http://www.un.org/sustainabledevelopment/gender-equality/http://www.un.org/sustainabledevelopment/cities/http://www.un.org/sustainabledevelopment/cities/http://www.un.org/sustainabledevelopment/globalpartnerships/http://www.un.org/sustainabledevelopment/globalpartnerships/http://www.un.org/sustainabledevelopment/water-and-sanitation/http://www.un.org/sustainabledevelopment/water-and-sanitation/http://www.un.org/sustainabledevelopment/sustainable-consumption-production/http://www.un.org/sustainabledevelopment/sustainable-consumption-production/http://www.un.org/sustainabledevelopment/poverty/http://www.un.org/sustainabledevelopment/poverty/

What COFI/FAO has done to combat IUU Fishing? 1993 FAO Compliance Agreement (40 Parties) ARTICLE III- Flag State Responsibility

PresenterPresentation NotesCOFI constitutes the only global inter-governmental forum where major international fisheries and aquaculture problems and issues are periodically examined and recommendations are addressed to governments, regional fishery bodies, NGOs, fishworkers, FAO and the international community.

COFI has also been used as a forum in which global agreements and non-binding instruments were negotiated.


2015: 20 years of the Code!

1995 Code of Conduct For Responsible Fisheries

PresenterPresentation NotesCOFI has also been used as a forum in which global agreements and non-binding instruments were negotiated.

The flagship among these is the 1995 FAO Code of Conduct for Responsible Fisheries. Together with the other voluntary fisheries instruments that were developed within its framework, – the four International Plans of Action on Seabirds, Sharks, Fishing Capacity, and IUU Fishing, and the FAO Strategy for Improving Information on Status and Trends in Capture Fisheries – the Code embraces and informs FAO’s fisheries work programme and seeks to hasten structural adjustment within the fisheries sector as a means of putting it on a more sustainable footing.


1995 Code of Conduct For Responsible Fisheries

1999 23rd COFI Report: §20 ”…underlined the important role RFMOs can play in respect of (...) illegal fishing”;

§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.

8.2.7 Flag States should take enforcement measures in respect of fishing vessels entitled to fly their flag which have been found by them to have contravened applicable conservation and management measures, including, where appropriate, making the contravention of such measures an offence under national legislation. Sanctions applicable in respect of violations should be adequate in severity to be effective in securing compliance and to discourage violations wherever they occur and should deprive offenders of the benefits accruing from their illegal activities. Such sanctions may, for serious violations, include provisions for the refusal, withdrawal or suspension of the authorization to fish.

PresenterPresentation Notes1995 FAO Code of Conduct for Responsible Fisheries. Together with the other voluntary fisheries instruments that were developed within its framework, – the four International Plans of Action on Seabirds, Sharks, Fishing Capacity, and IUU Fishing, and the FAO Strategy for Improving Information on Status and Trends in Capture Fisheries – the Code embraces and informs FAO’s fisheries work programme and seeks to hasten structural adjustment within the fisheries sector as a means of putting it on a more sustainable footing.

What COFI/FAO has done to combat IUU Fishing? 2001 24th COFI

International Plan of Action to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing (IPOA-IUU)

2015: 15 years of the IPOA-IUU!

2001 FAO International Plan of Action to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing (IPOA–IUU).

Port State Measures (13 articles, Arts. 52 to 64)

2002- FAO Expert Consultation to Review Port State Measures to Combat Illegal, Unreported and Unregulated Fishing

2004- FAO Technical Consultation to Review Port State Measures to Combat Illegal, Unreported and Unregulated Fishing

2005- FAO Model Scheme on Port State Measures to Combat Illegal, Unreported and Unregulated Fishing

PhaseI

The Port State Measures Agreement The Background






(22 Parties x 25 to enter into force…)







2007- FAO Expert Consultation to Draft a Legally-binding Instrument on Port State Measures

2008- FAO Technical Consultation to draft a legally binding Agreement on Port State Measures to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing (4 sessions)

2009- FAO AGREEMENT ON PORT STATE MEASURES TO PREVENT, DETER AND ELIMINATE ILLEGAL, UNREPORTED AND UNREGULATED FISHING

Approved by FAO Conference on November 22, 2009, in accordance with Article XIV, paragraph 1, of the Constitution of FAO


PhaseI

PhaseII







2007- FAO Expert Consultation to Draft a Legally-binding Instrument on Port State Measures

2008- FAO Technical Consultation to draft a legally binding Agreement on Port State Measures to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing (4 sessions)

2009- FAO AGREEMENT ON PORT STATE MEASURES TO PREVENT, DETER AND ELIMINATE ILLEGAL, UNREPORTED AND UNREGULATED FISHING

Approved by FAO Conference on November 22, 2009, in accordance with Article XIV, paragraph 1, of the Constitution of FAO



2009 28th COFI70. Noted, with appreciation, the preliminary work on the development of Flag State

Performance Criteria, through a workshop held in Canada in March 2008, which also encompassed assessing flag State performance and taking action if criteria were not met. As agreed in paragraph 71 of the Report of the twenty-seventh session of COFI, an Expert Consultation will be held (June 2009). The Committee agreed that this meeting should be followed by a Technical Consultation on “flag State performance”.

2007 27th COFI 71. A number of Members spoke about irresponsible flag States. Many Members suggested

the need to develop criteria for assessing the performance of flag States as well as to examine possible actions against vessels flying the flags of States not meeting such criteria. An expert consultation was proposed. Subject to the availability of funds, FAO was requested to further consider this possibility.

2014 31st COFI The FAO Voluntary Guidelines for Flag State Performance

The FAO Voluntary Guidelines for Flag State Performance

June 2009 Expert Consultation on Flag State Performance

May 2011 + March 2012 + February 2013 Technical Consultation on Flag State Performance

2014 31st COFI The FAO Voluntary Guidelines for Small Scale Fisheries

GLOBAL RECORD OF FISHING VESSELS REFRIGERATED TRANSPORT VESSELS AND SUPPLY VESSELS (GLOBAL RECORD)

2005 Ministerial Declaration The 2005 Rome Declaration on IUU Fishing adopted by the Ministerial Meeting on Fisheries,

including a key recommendation to develop a comprehensive global record of fishing vessels within FAO, including refrigerated transport vessels and supply vessels,

2006 FAO Feasibility Study It assessed the feasibility and viability of FAO undertaking the development and maintenance

of a global record.

2007 27th COFI The Committee supported the convening of an Expert Consultation to further develop the

concept of a comprehensive global record of fishing vessels as described in FAO's study.

2008 Expert Consultation The Expert Consultation assessed the Global Record concept and reinforced the Rome

Declaration call for a broad scope, including data on all vessels in the supply chain.

2009 28th COFI The Committee supported the development of a global record and the convening of a Technical

Consultation


2010 Technical Consultation Technical Consultation to Identify a Structure and Strategy for the Development and

Implementation of the Global Record of Fishing Vessels, Refrigerated Transport Vessels and Supply Vessels

2011 29th COFI The Committee noted the recommendations of the Technical Consultation and reiterated its

support for the Global Record as one of the useful tools to combat IUU fishing.

2012 30th COFI The Committee:

(a) reiterated its support for the Global Record's continued development by FAO, using a phased approach, avoiding duplication, keeping it cost-effective and ensuring coordination with other existing initiatives;

(b) recognized the necessity of a global unique vessel identifier (UVI); (c) suggested the UVI, as a first step, be applied to vessels above 100 GRT; (d) noted the necessity for RFMOs to coordinate their vessel records with the Global Record;(e) appreciated FAO's work to assist developing States to strengthen their national or regional

vessel registries


2014 31st COFI Recognizing the role of the Global Record in the fight against IUU fishing, the Committee:

(a) reiterated its support for the Global Record’s development by FAO and commended FAO on the preparation of the strategy document and the demonstration of the prototype;

(b) welcomed FAO’s efforts in coordinating the Global Record with other existing systems to keep it cost-effective, while working towards standardization at the global level;

(c) appreciated the collaboration with IMO in extending its ship identification number to fishing vessels and agreed that IMO number should be used as the Global Record UVI for Phase 1;

(d) noted that several RFMOs have made provisions for the IMO number to be compulsory; (e) agreed that States were responsible for data provision to the Global Record; and(f) appreciated FAO’s continued assistance to developing States.

Spain announced a contribution of 250.000 EUR for the establishment of the Global Record. Recognized the need for an advisory committee to clarify outstanding issues and to find a

solution for the long-term financing.

the Global Record Informal Open-Ended Technical and Advisory Working Group 1st Meeting: 30 Sept. - 02 Oct. 2015 2nd Meeting: 21 - 23 March 2016

Cooperation/ Tuna RFMOs

Cooperation/ RFMOs

The COMBINED IUU VESSEL LIST (9 RFMOs) http://iuu-vessels.org/iuu

Commission for the Conservation of Antarctic Marine Living Resources (CCAMLR) Inter-American Tropical Tuna Commission (IATTC) International Commission for the Conservation of Atlantic Tunas (ICCAT) Indian Ocean Tuna Commission (IOTC) Northwest Atlantic Fisheries Organisation (NAFO) North East Atlantic Fisheries Commission (NEAFC) South East Atlantic Fisheries Organisation (SEAFO) Western and Central Pacific Fisheries Commission (WCPFC) South Pacific Regional Fisheries Management Organisation (SPRFMO)

Maintained by Trygg Mat Tracking (TMT), a Norway-based organization that provides expert fisheries intelligence analysis to national authorities and relevant international institutions

(http://www.tuna-org.org/vesselneg.htm)

IUU Vessel Lists Positive Vessel Lists / CLAV Meetings Past/ Current

Kobe 2007; San Sebastian 2009; La Jolla 2011

http://iuu-vessels.org/iuu

The Role of RFMOs

ICCAT

CCAMLR

FAO/COFI Patagonian Toothfish (2000)

Statistical Documents for BFT (1992)

CDS- Catch Documentation Schemes

CDS for BFT (2007) Statistical Documents for BET + SWO (2000)

31st COFI Meeting CDS Expert Consultation (21-24/07/2015) Technical Consultation (18-22/04/2016) Analysis of gaps and inconsistencies in the seafood

traceability standards and norms (February, 2016)

The Role of UNODC and INTERPOL The importance of intelligence

and International Cooperation!

INTERPOL FCWG- Purple Notices since 2013 Interpol member states have issued Purple Notices to

request or provide information regarding fishing vessels that are wanted for illegal activities. Notices are published by INTERPOL’s General Secretariat at the request of National Central Bureaus (NCBs) and authorized entities. Purple Notices are used ‘To seek or provide information on modi operandi, objects, devices and concealment methods used by criminals.’

5th Conference of the Parties to the United Nations Convention against Transnational Organized Crime 36. International environmental crimes can be defined as including a range of

offences and can be divided into two broad categories: (a) trafficking in natural resources, including wildlife and timber (this includes illegal logging); illegal, unregulated and unreported fishing; and the illegal exploitation of and trafficking in minerals and precious stones;

Capacity Building/Developing States

UNFSA Part VII PART VII- REQUIREMENTS OF DEVELOPING STATES Art. 24- Recognition of the special requirements of

developing States Art. 25- Forms of cooperation with developing States Art. 26- Special assistance in the implementation of this

AgreementPSMA PART 6/Article 21- Requirements of developing States

VGSSF 12. Capacity Development

VGFSP Cooperation with and assistance to developing States with

a view to capacity development

In the fight against IUU Fishing, if one looks back to the past, one may be surprised by the progress achieved, but if one looks to the future, one might be frustrated by the challenges still lying ahead…

Harry Koster

In conclusion..There has been a lot of progress since UNCLOS (1982)… Many commitments have been made… Rio 92, Johannesburg 2002, Rio+20 2012, 2015 SDG… Which resulted in a comprehensive legal framework… UNCLOS, UNFSA, Compliance Agreement, Code of Conduct,

IPOA-IUU, PSMA, VGFSP, VGSSF, GRFV+UVI…To be pursued by a diversified institutional framework… UNGA, FAO/COFI, UNODC, INTERPOL, RFMOs

So, what is the key for the success?

Cooperation IMCS Network & GFETW

Muchas Gracias !Thank You !

Merci Beaucoup !Muito Obrigado !

Slide Number 1What is COFI/FAO?What is COFI/FAO?Composition of participants�of COFI 31 (2014)World coverage of the participationParticipation by COFI Members� (number of delegations)What are the tasks of COFI/ FAO?Slide Number 8Slide Number 9Slide Number 10Slide Number 11Slide Number 12What COFI/FAO has done to combat IUU Fishing?What COFI/FAO has done to combat IUU Fishing?What COFI/FAO has done to combat IUU Fishing?What COFI/FAO has done to combat IUU Fishing?Slide Number 17Slide Number 18Slide Number 19Slide Number 20Slide Number 21Slide Number 22Slide Number 23Slide Number 24Slide Number 25Slide Number 26Slide Number 27Slide Number 28Slide Number 29Slide Number 30Slide Number 31

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