• The Pacific Community now has more opportunities to protect our ocean from pirate fishers. The new Western Central Pacific Fisheries Convention gives Pacific States greater powers to manage and protect one of our most important resources, the ocean from over fishing.



• All Pacific Island States need to support controls to make fishing fairer, more transparent and more environmentally sustainable.



• IUU fishing is a complex problem requiring varied responses at sea, in ports, in the market, at home and away. Solutions must engage all involved, from the consumer who eats the fish to the merchant banker who finances the fishing vessels.

Greenpeace recommends that we tackle Pirate fishing on five fronts. Many are regional initiatives, sharing the load between developed and developing states. Many Pacific Island states have already implemented these recommendations, however success lies in all states working together as a cohesive force against pirate fishing.

Recommendations

The importance of keeping watch Forum Fisheries Agency (FFA) members agree that licences to fish within the Western and Central Pacific should only be granted to fishing vessels which participate in the centralised vessel monitoring system (VMS) and register on a centralised registry such as the FFA registry. If properly used, the VMS is a strong deterrent to IUU fishing. Greenpeace has uncovered many vessels which are not participating in the VMS scheme but are still licensed to fish by Pacific Island states. This weakens monitoring, control and surveillance (MCS) and creates loopholes for IUU fishing. VMS systems that only report back to the flag state have proven to be ineffective as they are open to corruption and tampering within the flag state, particularly when the vessel is flagged to a flag of non-compliance. Greenpeace has observed a number of other vessels fishing within the region are only operating Argos, which is currently not participating in the FFA VMS schemei. Whether it be Argos or Inmmarsat is largely inconsequential, as long as the system reports back to a centralised authority such as the FFA headquarters. In the meantime, these vessels have been licensed in contravention of the Minimum Terms & Conditions and should be forced to immediately join the FFA Vessel Monitoring System or lose their licences.

1. Accede to and implement the UN Food and Agriculture (FAO) Compliance Agreement and the UN Fish Stocks Agreement (UNFSA). Develop national plans of action to implement all the recommendations in the International Plan of Action on IUU Fishing (IPOA-IUU).



2. Banish pirates from ports and reward licensed fishing vessels with exclusive access to ports and markets. Negotiate a regional port state memorandum of understanding through the WCPFC that provides for the arrest, detention and confiscation of fishing vessels and their catch. Measures should include deterrent penalties, rigorous inspection of documents, fishing gear and catch and prohibit landing and transhipments of unlicensed vessels when it is established that the catch undermines conservation and management measures on the high seas.



3. Develop rigorous monitoring, control and surveillance measures in the Western Central Pacific Fisheries Convention that builds on the Forum Fisheries Agency minimum terms and conditions. This should include a vessel registry (positive list); an IUU vessel blacklist; a flags of non-compliance blacklist; a centralised vessel monitoring system; application to all vessels greater than 15 metres; boarding and inspection that builds on UNFSA; a ban on all transhipments at sea; and a robust catch and trade verification scheme which facilitates an effective eco-labelling program. Pacific states should not license vessels which do not have a centralised vessel monitoring system, whether on the high seas or in an EEZ.



4. Build good governance within the region that includes strong domestic legislation, engagement of stakeholders in decision making and transparent and accountable fisheries management.



5. Pacific Island states should take action against IUU fishing vessels flying flags of non-compliance with no genuine link to the flag state that are considered stateless vessels. Patrols and port inspections that encounter IUU activity by such vessels should board and inspect these vessels and, if documents show there is no genuine link, arrest them, confiscate catch and start criminal proceedings as if these vessels are flagged to the coastal or port state.

The Forum Fisheries Agency

Pacific Island states, Australia and New Zealand created the Forum Fisheries Agency (FFA) in 1979 to oversee the Western and Central Pacific tuna fisheries. The Forum Fisheries Agency has developed innovative management measures, particularly for monitoring, control and surveillance. This includes the harmonised minimum terms and conditions (MTCs) for foreign fishing vessel access. Central to these is a properly functioning Vessel Monitoring System, which provides all Pacific States with up to date information on the activities of fishing vessels, and can be used to identify renegade ships.

Minimum Terms and Conditions for Foreign Vessels

These provide a solid framework for the Western and Central Pacific Commission to build upon when developing its own monitoring, control and surveillance scheme.

The MTCs are an important tool that must be implemented across the region to adequately protect highly migratory tuna species and monitor the distant water fishing fleets that chase them. Poor implementation of the MTCs is a loophole exploited by IUU fishers and distant water fishing states. MTC's include:

- A regional register of foreign fishing vessels of "good standing"
Fishing vessels must provide their full details and may have their 'good standing' revoked if found to have committed a serious offence (effectively banning them from fishing within the region).

- A centralised vessel monitoring system to report movements of foreign fishing vessels
All foreign fishing vessels must be on the VMS registry (controlled by the Forum Fisheries Agency) and operate an automatic location communicator which regularly reports its movements back to the FFA.

Rusty Chinese fishing vessels near Nuku'alofa.

- Legislated port controls
FFA members must exercise controls over fishing vessels in their port, regardless of whether the vessel is licensed to fish in their EEZ. This includes the power to board and inspect vessels.

- Observers on board licensed foreign fishing vessels
Licensing coastal states have the right to place observers on board licensed foreign fishing vessels and should try to achieve 20 per cent observer coverage of all fishing trips.

- Catch and position reporting by foreign fishing vessels
Foreign fishing vessels operating within the region must provide information to the licensing coastal state on the vessel's position and catch on board prior to entry, at weekly intervals and on departure from the EEZ.

- Transhipment control
Full reporting of transhipments is required, including 24 hours prior notice. Only vessels on the "good standing" register can participate in transhipment operations. Licensing coastal states determine the place and time of transhipments and may place an observer on board to monitor operations.

- Additional Measures
These include catch and effort logsheets, uniform vessel identification, appointment of agents, vessels in transit, identification of fish aggregating devices and pre-fishing inspections.

The MTCs are an important regional tool that must be implemented across the region to adequately protect highly migratory tuna species and monitor the distant water fishing fleets that chase them. Poor implementation of the MTCs is a loophole exploited by IUU fishers and distant water fishing states.

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ⁱ WCPFC/PrepCon/WP.23 April 2004