In the context of the programming directions for International Waters in the GEF, the project makes significant contributions to FFA activities in support of both the blue economy and improving the management of Areas Beyond National Jurisdiction (ABNJ).
Cooperation in the management of tuna fisheries by Pacific Island countries is a direct application of the principles of the blue economy. This concept aims to promote economic growth, social inclusion, and the preservation and improvement of livelihoods while at the same time ensuring environmental sustainability of the oceans. It is closely linked with Sustainable Development Goal 14, specifically 14.4 and 14.7.
The Western and Central Pacific Ocean (WCPO) tuna fishery is the largest tuna fishery in the world and the 2.7 million ton annual WCPO tuna catch accounts for sixty percent of global production with sixty percent of this catch coming from the waters of FFA Members. Tuna fisheries are a key resource for all Pacific Island countries – for many the only renewable economic resource. The WCPO is the only tuna fishery on the planet in which all four target stocks are currently rated as sustainably fished with no overfishing occurring.
The Vessel Day Scheme (VDS) is a fisheries management system that establishes rights in the shared fishery for coastal state and has been driven by the Parties to the Nauru Agreement (PNA), a sub-regional grouping of FFA member countries. The consolidation of VDS which allows members to sell the rights to purse seine fishing days in their waters has seen SIDS revenues from the purse seine fishery increase from from 220 million in 2012 to 480 million in 2016, accounting for more than 40% of government revenue in five member SIDS and supporting 25,000 jobs in FFA Member countries in 2017. Of those employed in the processing sector 80% are women.
The Regional Fisheries Surveillance Programme is a unique collaboration between the members of the Forum Fisheries Agency (FFA) to address illegal, unreported and unregistered (IUU) fishing in support of SDG 14.4. A range of regionally agreed systems and tools and best practice technology applications provide a high level of monitoring, control and surveillance and the agency is active in a range of activities supporting IUU mitigation such as the implementation of electronic monitoring and reporting systems on WCPO vessels.
In terms of activities supporting improved management of Areas Beyond National Jurisdiction (ABNJ), the OFMP2 project supports the annual FFA Management Options Consultation (MOC) meeting in which FFA Members Countries actively participate in WCPFC decision making and includes the improved management of ABNJ. MOC processes have provided the opportunity for supporting the adoption of high seas Special Management Areas and promoting strengthened catch and effort limits on the WCPFC high seas for tropical tuna fisheries, as well as an allocation process that will take account of the WCPFC Convention’s recognition of the special requirements of SIDS.
OFMP2 has also assisted PNA countries to develop the capacity to implement their prohibition on PNA-licenced purse-seiners from fishing in the two western high seas pockets.
Wider FFA promoted and supported measures such as FAD closures, 100% observer coverage in the purse seine fishery and coordinated approaches to high seas boarding and inspection activities also support more effective management of Areas Beyond National Jurisdiction.
The GEF OFMP II is a key contributor to the success of the blue economy in the WCPO.
This story provides an illustration of how GEF IW projects are already addressing themes in the new GEF IW strategy for the 7th GEF Replenishment. In this case the story highlights how projects can address Objective 1. Strengthening Blue Economy opportunities. In GEF-7, investments will be strengthening nations Blue Economy opportunities, through three areas of strategic action: 1) sustaining healthy coastal and marine ecosystems; 2) catalyzing sustainable fisheries management; and, 3) addressing pollution reduction in marine environments.
“When you look at the measure [Tropical Tuna Bridging Measure], there’s a series of very strong concessions that FFA members as a group gave to achieve consensus.” Ms Jenny Baldwin, Chair, Pacific Islands Forum Fisheries Committee (FFC).
Each year millions of tonnes of tuna are caught in the oceans of Pacific Island nations.
As Pacific Islanders we know tuna is important for our economies, our culture and our future, but with so much of that mind-boggling quantity of fish caught over the horizon by foreign fishing vessels, do we realise the scale of what is at stake and how easy it would be for the Pacific to lose its hard-won tuna gains?
With tuna over-exploited elsewhere in the world, the major fishing nations – China, Japan, South Korea, The United States, Europe and more – are increasingly wanting to fish in the Western and Central Pacific Ocean (WCPO).
The Western and Central Pacific Fisheries Commission (WCPFC), popularly known simply as the ‘Tuna Commission’, is the body set up to make sure the fishing rules are fair, by bringing those powerful distant-water fishing nations (DWFN) together with Pacific countries in a consensual decision-making process.
The 14th session of the Tuna Commission (WCPFC14), held in December 2017, adopted important measures governing tuna fishing activities for 2018 in the Western and Central Pacific Ocean. It is the world’s largest fishery, producing nearly 60 per cent of the globe’s entire tuna harvest – with a catch value estimated at US$4.7 billion in 2015.
A few hours after its conclusion, Commission Chair Ms Rhea Moss-Christian told Pacific journalists covering the event as part of the #Tunanomics initiative, “WCPFC14 has been a particularly successful meeting in terms of agreeing a range of measures and initiatives that will ensure ongoing environmental and commercial sustainability of tuna management in the Western and Central Pacific Fishery.”
It could so easily not have been so, as negotiators battled until 2:45am beyond the last day of the meeting to reach agreement.
The most important decision endorsed by the Commission’s 28 member countries was agreement on a ‘Bridging Measure’ for Tropical Tunas [bigeye, skipjack and yellowfin], the largest commercial harvesting activity in the WCPO fishery.
“Negotiating a new measure such as this is an extremely complex process, so it has been gratifying to see commission members cooperating so well to produce a measure that will ensure responsible tropical tuna fishing management into 2018 and beyond,” said Ms Moss-Christian.
“What we have achieved is a balanced measure that aims to protect the national and commercial interests of all members, from Small Island Developing States (SIDS) to large fishing nations, while also being sustainable.”
The tropical tuna and other measures endorsed by the Commission become legally binding this month (February 2018; 60 days after adoption on 8 December 2017), and took on extra significance earlier this year when a study by the United Nations Food and Agriculture Organization (FAO) revealed that depletion of global fish stocks has reached a tipping point: that approximately 60 per cent of the world’s assessed fish stocks are fully exploited and 31 per cent are over-fished.
For the Commission’s largest bloc, the 21 Pacific Island countries and territories, a sustainable WCPO fishery is not only important for jobs and economy, it is their bulk source of nutrition, protector and provider of climate change resilience, and the ocean that defines their cultural heritage and identity.
The commercial importance of the Pacific bloc to the Commission, together with each individual Pacific country’s high reliance on its marine resources, are underscored by two broad facts.
Firstly, the majority of the WCPO’s tuna harvest (1.4 million of 2.6 million tonnes) takes place in their collective waters, so it directly impacts their economies (government revenue, employment and exports), development (education, health, transport, policing and security, human rights, etc.) and the potential to further develop their fisheries industry.
In 2015, fisheries contributed: US$453 million to the region’s GDP, generated US$571 million benefit to the balance of payments in the form of net exports, paid US$46 million to 23,000 national employees, contributed US$54 million to government revenue in the form of license revenue and other payments, and spent US$120 million on the purchase of locally produced goods and services.
As individual countries, Tokelau’s fisheries contributed more than 60 per cent of total government revenues in 2016. In Kiribati and Tuvalu, it is even higher at 80 and 90 per cent.
Secondly is the fact that their environment, traditional ways of living, and food security is wholly dependent on marine and fishery resources. If the fish go, or the waters get polluted or suffer a shipping disaster, or reefs plundered, they would be in serious trouble as there are few other alternatives at their disposal. This vulnerability is exacerbated by the increased frequency and more destructive natural disasters now resulting from the impacts of human-induced climate change.
That is why the nine key outcomes agreed by the Commission on 8 December 2017 are important to fight the current rate of illegal and unregulated activities threatening the sustainability of the fishery; and, by extension, safeguard the very existence of these small Pacific nations.
TUNA COMMISSION DECISIONS UNPLUGGED – PART I
So what are the deeper impacts of the Commission’s measures for Pacific islands countries and territories? What did they give up in the negotiations? What were the concessions made by Distant Water Fishing Nations (DWFN)? In the allocation of rights to fishing on the High Seas, was the Pacific bloc finally recognized? And what do these mean from the lens of the ordinary Pacific weaver, planter and fisher?
Just hours after WCPFC14 concluded, then deputy Director General for the Forum Fisheries Agency (FFA) Mr Wez Norris gave a briefing to Pacific media covering the congress.
All Pacific nations made concessions.
Japan’s role in the negotiations was critical. With help from a few Pacific countries, especially Tokelau, Japan was able “to broker deals, make arrangements” in the margins of the negotiations that led to the successful outcomes at WCPFC14, especially the hotly contested Tropical Tuna Bridging Measure (TTM).
For the first time, a concrete move was made by Commission members on the issue of High Seas fishing rights and allocation for the Pacific islands bloc.
The failure in the Albacore tuna negotiations that came with a silver lining.
Lifting the 12-month ban on FAD fishing in the High Seas unraveled all the gains by the Pacific bloc implemented in 2017.
The relaxation of catch limits could come with significant opportunity costs for many FFA members in the future.
“I think every single Pacific country gave up something or gave up measures that come at cost but also provide potential for future benefit,” said Mr Norris.
But at the end of the day the reality of “the Tropical Tuna Measure (TTM) that was agreed was a relaxation.”
This means more tuna will be caught. Fish Aggregating Devices (FADs), which have a higher accidental catch of vulnerable bigeye – were a particular talking point, especially the FAD closure rules which ban FAD fishing during certain months of the year.
“Everybody that was subject to a limit under the old measure will benefit from this current measure,” Mr Norris said.
“Everybody who had some sort of restriction has less of a restriction now. The High Seas FAD closure was relaxed, the EEZ FAD closure was relaxed, the long line catch limit was relaxed. And that applies to FFA members as well. They will all enjoy the benefits of increased economic efficiency of the fishing fleets that they license or flag.”
However, he sounded a warning about possible future repercussions for FFA members.
“Our big concern at the FFA Secretariat is that the concessions FFA members gave to developed fishing fleets may come back to bite us in the future, in terms of the need to take cuts in the future or in terms of increased difficulty to develop our own fishing fleets and our own fishing industries.”
FOR DUMMIES: WCPO FISHERY BACKGROUND AND PACIFIC ISLANDS CONTEXT
The WCPO share of the global catch of albacore, bigeye, skipjack and yellowfin tunas increased from 50 per cent in 2006 to 58 per cent in 2014.
In 2015 the total WCPO catch of these species was 2.7 million tonnes with an approximate value of US$2.2 billion. It means that 57 per cent of the world’s total tuna harvest of 4.7 million tonnes is caught in the Pacific.
Purse seine fishery
The catch by sleek, modern purse seine fishing vessels is the largest. The WCPO purse seine fishery catch is predominantly based in the waters of FFA member countries. In 2015 it was around 1.3 million tonnes, 72 per cent of the total WCPO purse seine catch, and valued at around US$1.7 billion.
Historically, between 2006 and 2015, the purse seine catch in the waters of FFA members has varied between 63 per cent and 85 per cent of the WCPO purse seine catch.
For Pacific nations, this matters: they reap rich benefits from fishing within their 200-mile Exclusive Economic Zones (EEZs) but none from any fishing immediately outside those areas in the High Seas. The proportion of in-EEZ fishing increased dramatically from 2009 to 2010 (from 65 per cent to 82 per cent) as a result of the closure of the western High Seas pockets to fishing. However, catch in the High Seas in 2015 almost doubled in 2014, and more than trebled between 2010 and 2013 as some fleets increased their High Seas fishing – likely, at least in part, in response to the increasing fees charged by Pacific members of the PNA group for access to their EEZs.
The eight Parties to the Nauru Agreement (PNA) plus Tokelau control the largest sustainable tuna purse seine fishery in the world, because they control most of the waters in which the tuna are found. For skipjack, the most commonly canned tuna, around 50 per cent of the global supply is harvested in the waters of PNA members.
Revenue accruing to PNA has risen from US$60 million annually in 2010 to close to US$500 million in 2016. Central to this success is its zone-based management and Vessel Day Scheme, which have been shown to be effective for both conservation and economic development. Fishing nations are not so happy with the sharp increase in fees.
The WCPO longline fishery, which is made up of many smaller, fewer well-supervised boats, produced between 40 per cent and 48 per cent of the global longline catch of albacore, bigeye and yellowfin over the period 2006 to 2015.
The longline fishery accounted for around 11 per cent of the total WCPO catch 10 years ago. Although it has continued a steady decline to current levels of around 9 per cent, the level of catch remained flat, fluctuating between 240,000 and 280,000 tonnes.
But this is not the case in the waters of FFA member countries where the proportion of the total longline catch has increased from under 30 per cent prior to 2010 to over 38 per cent since 2014.
In 2015, FFA members’ WCPO catch was around 77,000 tonnes, valued at US$436 million. It represents 31 per cent of the total WCPO longline catch.
The longline fishery is particularly important to countries with albacore tuna, such as Solomon Islands, Cook Islands, Fiji, Tonga, Samoa and more.
These countries have got together to improve management of the fishery under an agreement, called the Tokelau Arrangement, but so far it has been hard to implement. At WCPFC14, the measures proposed by FFA members were not direct management measures. They were not going to immediately cut catch or effort, nor rebuild the economics of the fishery; rather, they were a first step in the process towards doing so.
But the negotiations to a ‘Target Reference Point’ for albacore broke down due to two key issues: the failure of Pacific island countries to agree on in-zone limits that would fit within the overall southern albacore catch limits recommended by scientists, and the unwillingness of fishing nations to cut their catch in the High Seas.
As FFA Director General Mr James Movick highlighted during a media briefing at WCPF14, the sticking point was China not wanting to cut its effort “by correctly pointing out that, in terms of the overall management of the southern albacore, there needs to be measures adopted both In-Zone [inside FFA members’ EEZs] as well as in the High Seas.”
Although there will be no immediate or significant impacts from the negotiations breakdown, the “Commission does need to step up and start that process [to an albacore measure], we are a couple of years behind where we would have ideally been,” Mr Norris confirmed at the post-Commission media briefing.
TUNA COMMISSION DECISIONS UNPLUGGED – PART II
Success for the Pacific in tuna negotiations requires sticking together and overcoming often-trenchant opposition from fishing nations. Chair for the 17-member Pacific Islands Forum Fisheries Committee (FFC), Australia’s Ms Jenny Baldwin, rated the Commission’s outcomes as a “mixed result” for Pacific countries.
There was a “relatively positive outcome … as we did end up with a tropical tuna measure that is going to improve the continued management of the tropical tuna species [bigeye, skipjack and yellowfin] within the WCPFC,” she stated.
“But as FFA members, we are quite disappointed we couldn’t agree to a Target Reference Point for South Pacific albacore this year.” But she noted that with the disappointment came a silver lining: “We have got some commitment from most [Tuna Commission] members to have that agreed at next year’s  WCPFC.”
Mr Norris, who accompanied Ms Baldwin to the media briefing, added there were other positive outcomes that “we must not lose sight of”, such as the marine pollution measure, the Port State Measure, the silver lining in the failed albacore Target Reference Point negotiations and, for the first time, the Commission agreeing to discuss a specific process for SIDS’ participation in the High Seas fishery.
“The marine pollution measure is a very good first step towards addressing what Pacific Islands Forum Leaders have identified as a critical issue for the Pacific – the amount of plastic waste in the ocean. So that’s a starting point, and FFA members are looking forward to ways the Commission can build on that.”
“The world has been very focused on ports as a mechanism to fight illegal, unregulated and unreported (IUU) fishing activities.
“This is the first concerted step by the WCPFC [Tuna Commission] to move towards regional action to address that issue.”
On a Target Reference Point for the South Pacific albacore fishery: “While we are all disappointed on the albacore outcomes, they do represent a far more solid commitment to action than the Commission has ever done before,” said Mr Norris.
“FFA members walked away dissatisfied that we didn’t achieve an albacore target reference point – that is, we didn’t address a specific measure for improving the management of the stock. The commitment we saw at the end of the day from key fishing states China and Chinese Taipei was far more concrete than we have ever seen before. So that is very encouraging.”
HIGH SEAS PARTICIPATION FOR PACIFIC SIDS
A surprising and significant highlight for Pacific countries came as a byproduct of the Tropical Tuna Measure [TTM] negotiations – agreement to discuss the development of a ‘process’ to securing High Seas participation rights for Pacific Small Island Developing States (SIDS).
At the moment, allocation of High Seas fishing rights is based on records of which country has fished there in the past but Pacific countries argue that as tuna-owners they should have rights too.
“I think the outcomes in the TTM, in terms of allocation processes, are really positive for FFA members and all SIDS,” said Mr Norris.
“For the first time, the Commission actually acknowledged the need to go into a specific ‘process’ to look at who has what opportunities, who has rights in the high seas.
“In the past, all of our discussions, and this is consistent with all other regional fisheries management organisations (RFMO) [international organisations formed by countries with fishing interests in an area], have simply been about catch history. Those developed fleets that have been fishing in the region for 50 years get a limit based on what they’ve been doing for the last 50 years.”
Pacific countries have not fully developed their industries and as a result have no ‘High Seas footprint’, and therefore no catch history on which to base catch limits for their participation.
“However, the TTM negotiations was the first acknowledgement that ‘no, we’re going to go through a process where we will sit down and have a look at High Seas participation’.”
Mr Norris emphasised that the language in the TTM specifically refers to Article 30 of the Tuna Commission’s establishing convention, which insists the special requirements of Small Island Developing States be taken into account. Article 30 can be used as the legal basis to force the Commission to live up to its obligations under the UN Fish Stock Agreement to facilitate increased High Seas participation for SIDS.
“The agreement to High Seas allocation is a really large step forward in terms of other Commission members recognising the needs of SIDS,” continued Mr Norris.
“We have been through this debate many, many times in the WCPFC about Article 30. This is a real, tangible way that the Commission can implement it. It is not about development funding or assistance for meeting participation – it is about actually structuring management measures that will benefit SIDS in the region.”
Mr Norris claimed such an achievement would be of global and historical significance.
“When we go through that process and secure specific rights for developing states on the High Seas that will be a real big achievement in the world of international fisheries.”
But as the prolonged and complex TTM negotiations highlighted, together with the breakdown in the albacore target reference talks, securing High Seas rights and participation will not be easy.
One of the difficult challenges is the opposing position taken by DWFNs and the majority of the Pacific bloc in regards to what management system to adopt for the High Seas.
FLAG-STATE VS ZONE-BASED MANAGEMENT
The majority of Pacific countries subscribe to ‘Zone-Based’ management while DWFNs are in favour of ‘Flag State’.
There are two fundamental issues at the centre of the debate for Pacific nations: sovereignty, and future potential to fully develop and exploit their fisheries.
Who owns the fish? DWFNs promote the belief that because of the highly migratory nature of tuna, it is therefore a commodity of the commons.
Pacific countries’ definition differ slightly and in a very significant way.
“When it [the fish] comes into your waters, it is your fish. But once it crosses your boundary and goes into someone else’s water, then it is not your fish,” said Mr Ludwig Kumoru, CEO for PNA. “For the time the fish is within your waters, your rule applies to that fish. How you catch it, how you harvest it. What happens in your zone is up to you.”
That is the basis for PNA’s Zone-Based management approach. It views tuna as a long-term economic platform, therefore sustainability underpins their approach to assessing fishing access and participation in their sovereign waters – aspirations that will not be possible under ‘Flag State’ management, which is based around the national flag of boats already in the fishery and tends to be much more short-term in its thinking.
Potential to develop Pacific fisheries and industry
The other significant factor for Zone-Based management is the fact 85 per cent of the WCPO purse seine fishery is harvested in the waters of FFA members. So their emphasis on the longer-term conflicts directly with ‘Flag State’ approach, focused on the short-term to maximise catches and revenue.
“That is why zone-based is more effective in this region than in other global regions, because we approach management from the viewpoint of the countries who have been impacted, rather than the countries whose citizens and boats are engaged and have to regulate themselves,” explained Mr Kumoru.
The key ingredient in the zone-based approach is “the countries in whose waters the fishing is occuring are actually taking the lead to ensure the resource within their EEZs are managed.
“No other ocean on this planet today have all three stocks of tuna: bigeye, yellowfin, skipjack all in the green [not overfished]. Even the albacore is not in the ‘overfished’ state.”
Mr Kumoru said the reason why the other oceans are not faring well is because they are managed “by their fishing fleets. So I think it is very important in managing the stock that it’s the coastal states taking responsibility.”
The vision behind the PNA’s zone-based system is to greatly expand Pacific islands participation in a fishery where many of them have been bystanders for decades.
“Right now, we license Distant Water Fishing Nations, giving them opportunity to fish in our waters, because coastal states haven’t yet built the capacity to fish. There will come a time when the islands have the capacity to expand fishing in their own zones, and others must be prepared to give way.”
Which is why the agreement at WCPFC14 to relax the longline catch limit for the DWFN fleets will potentially come at significant opportunity cost for many FFA members.
“Allowing existing fleets to increase their level of catch and effort does make a big impact on how difficult it is to develop our own domestic fleets in the future. So I think there were large compromises made all round,” said Mr Norris.
In hindsight, the WCPFC14 negotiations were the first time in history that talks went so far beyond the set finishing time.
It prompted the following comment from Mr Norris: “It has never come down to the wire in terms of timing as much as it did this morning [8 December 2017], but certainly the types of negotiations that we went through over the last week are not new to anyone in the Commission; we’ve had those difficult discussions before.
“At the end of the day, we are talking about national interest, we are talking about very significant commercial interest in the private sector, so it’s not surprising that it comes down to those fairly pointy discussions.”
Taking all of the above into account, it was the summation by FFC Chair Ms Baldwin that stood out.
“When you look at the measure [Tropical Tuna Bridging Measure] there’s a series of very strong concessions that FFA members as a group gave to achieve consensus.”
Her statement spotlights the source of Pacific countries’ frustrations at these annual meetings. Although they are the tuna owners, they are the ones that have to make the most concessions, as well as carry a disproportionately heavier burden for the conservation component of the measures agreed to at these annual Tuna Commission meetings.
“They [DWFNs] are here to make profit. It is not their waters so they would rather make money and go develop their own place. They are not coming here to develop the Pacific islands,” emphasised Mr Kumoru.
“In their own EEZs, how much of their [fishery] allocation have they given to other people?” he asked.
“None of them.
“Because they use all of their allocation in their EEZs. None of their waters are allocated to someone else. And here, they want to use our waters!” shouted Mr Kumoru.
“This is why we are pushed to the corner, this is how people come here, fish here and we have no control. There are opportunities under so many international laws that we cannot fight our way out – this is the message our people back home [weavers, planters and fishers] need to know, to understand what we are up against.”
Lealaiauloto Aigaletaule’ale’a F Tauafiafi’s participation and coverage at the WCPFC14 was made possible by the Forum Fisheries Agency, the Pacific Media Assistance Scheme (PACMAS), Pew Charitable Trusts, WWF, Australia, Japan and GEF OFMP2 project.
NINE KEY OUTCOMES FROM WCPFC14
Tropical Tunas Bridging Measure
Key features of the new bridging measure for managing tropical tunas include:
A three-year agreement, with some 12-month provisions that reflect the need to wait for further scientific stock assessments in 2018. The one-year provisions relate to FAD management in the purse seine fishery, high seas purse seine effort control and bigeye catch limits in the longline fishery.
Measures designed to ensure stocks are maintained at recent average levels and capable of producing Maximum Sustainable Yield (MSY).
Recognition for Small Island Developing States of disproportionate burden risks. This recognizes the extra burden or cost placed on resource owning states (usually) as a result of conservation measures eg closing a fishery or FAD fishing has a bigger impact on Pacific nations than on fishing nations, as most fishing nations have many other industries to rely on, and they have the option of fishing elsewhere.
Rebuilding plan and revised Conservation Measure on Pacific Bluefin
The Commission adopted the Conservation and Management Measure developed by the Northern Committee to implement the Harvest Strategy for Pacific Bluefin Tuna Fisheries. It was agreed that CCMs take measures to ensure:
Total fishing effort by CCM (Commission Members, Cooperating Non-Members and Participating Territories) vessels fishing for Pacific bluefin tuna north of 20° N shall stay below 2002–2004 annual average levels.
All catches of Pacific bluefin tuna less than 30 kg shall be reduced to 50% of the 2002–2004 annual average levels.
All catches of Pacific Bluefin tuna 30kg or larger shall not be increased from the 2002-2004 annual average levels.
Updated Harvest Strategy Workplan
The Commission adopted a revised Harvest Strategy work plan that will re-prioritise as needed the annual agenda of the Commission and Scientific Committee to allow sufficient additional time for consideration of harvest strategy issues.
Standards for e-reporting of observer data
Reporting standards for electronic reporting of observer data were adopted. The standards relate to data fields, summaries, activity logs, vessel and gear data, crew and trip-level data and also pollution reports. The standards will enable more effective monitoring and management by enhancing the work of observers in enabling the entry of near real-time observer data directly into the database systems of monitoring and scientific agencies.
Port State Measure to reduce illegal fishing
The Commission adopted a Port State Measure that will strengthen overall port controls to reduce illegal, unreported and unregulated (IUU) fishing and support development opportunities for Small Island Developing States (SIDS) by reducing the impact of IUU fishing on stocks. The busiest ports in the WCPO fishery area are located in SIDS, imposing the most significant reporting requirements on SIDS. The Measure provides implementation flexibility in that Members will choose which designated ports they notify to WCPFC to come under the provisions of the Measure.
Bycatch mitigation initiatives
Sharks: WCPFC14 agreed to devote significant intersessional resources to resolve longstanding and contentious issues surrounding the conservation and management of sharks. For the first time there will be an Intersessional Working Group – Sharks – which will aim to unify the existing five management measures and build on them to develop a comprehensive management framework.
The IWG-Sharks will be led by Japan but is open to all members (and observer delegations). A list of issues prepared by the Scientific and Compliance committees has been adopted by the Commission, as part of a terms of reference for the IWG-Sharks.
Sea Turtles: WCPFC14 adopted two recommendations for the SC to undertake work that will inform the potential revision of the WCPFC sea turtle CMM. Under the first recommendation, the Scientific Committee (SC) will consider the technical details of a proposal to expand mitigation from shallow set longliners fishing for swordfish to all longliners. Key issues will be whether there are impacts on other bycatch or target species from the proposed expansion. The second adopted recommendation requires the SC to consider whether the WCPFC observer data standards should be modified to collect better data on sea turtle interactions.
Sea Birds: WCPFC14 adopted a new CMM for seabirds that involves minor amendments to the existing seabird CMM. The changes relate to (a) new requirements for tori (bird-scaring) lines to be used on small vessels fishing south of 30 degrees South and (b) to the formats CCMs use to report seabird interactions in annual reports to the Commission.
Conservation and Management Measure on Marine Pollution
This measure involves collective action to reduce the detrimental impact of marine pollution on ocean and coastal environments, wildlife, economies and ecosystems. Under the measure, CCMs will prohibit their fishing vessels operating in the WCPFC Convention Area from discharging any plastics (excluding fishing gear). CCMs will also be encouraged to prohibit their fishing vessels from discharging oil or fuel products, garbage, food waste, domestic waste, incinerator ashes, cooking oil or sewage.
Target Reference Point (TRP) for South Pacific Albacore
The Commission agreed to prioritise the development and adoption of a Target Reference Point for south Pacific albacore through the following actions:
CCMs will review available scientific and economic information to decide appropriate goals for the fishery and corresponding candidate target reference points.
Regardless of the results of the 2018 stock assessment and the management advice from SC14 to WCPFC15, SC14 will dedicate sufficient time in the Management Issues Theme to develop robust advice to WCPFC15 on candidate target reference points.
CCMs will develop TRP proposals and WCPFC 15 will adopt a Target Reference Point for south Pacific albacore, using whatever decision-making means are necessary.
Amendment to the Record of Fishing Vessels (RFV) CMM – Samoa
CMM 2013-10 RFV was amended to support the continued operation of Samoa’s domestic longline fleet that fishes exclusively in Samoa’s EEZ. The amendment will allow this fleet to directly offload to American Samoa instead of landing and containerising fish in Samoa, and then shipping to American Samoa. The current practice is costly, impacting on the economic hardship experienced by Samoa in this fishery as a result of prolonged reductions in catch rates in the albacore fishery.
Location for next WCPFC annual meeting
The next annual meeting of the Commission – WCPFC15 – will be hosted by Federated States of Micronesia and held in Pohnpei from 3-7 December 2018.
The two principal priorities for Pacific small island states are climate change and fisheries. One seeks finance and redress from rich developed countries for whose industries and lifestyles are the root causes of human-induced climate change. The other aims to manage, preserve and fight for equitable benefits from its vast fisheries and ocean’s wealth currently exploited androbbed by rich developed and developing countries on the seas and in the boardrooms.
By Lealaiauloto Aigaletaule’ale’a F. Tauafiafi
The high drama in Manila at the December 2017 Pacific tuna negotiations resulted in decisions with far-reaching implications for the ordinary weavers, planters and fishers across the Pacific.
‘Measures’ are sets of complex rules to achieve the goal of sustainably managing fishing activities. In this case, members were negotiating access and rights for the world’s largest and most abundant tuna fisheries, those in the Western Central Pacific Ocean (WCPO).
Held in the Filipino capital of Manila, this was the 14th meeting of an annual series that started in 2004, when the WCPF Convention establishing the Commission entered into force. The 2017 meeting achieved a dubious historical first: the first negotiations to go past midnight on the very last day.
THE CONTENTIOUS ISSUE: BRIDGING MEASURE FOR TROPICAL TUNA
The contentious issue was an all-important ‘bridging measure’ for Tropical Tuna (TTM) – skipjack, bigeye and yellowfin – worth around US$2.1 billion to Pacific nations in 2015 alone. With the current rules for tropical tuna set to expire at the end of December 2017, the ‘bridging measure’ was needed to establish how much fish can be caught, whether fishing is sustainable, and how benefits are allocated. Failure to agree would have meant no conservation rules, no fishing rules and the potential for a free-for-all by industrial fishing nations.
And there it was, despite an expected sign-off of 4pm on Thursday, 7 December, delegates were still fighting over new issues into the early hours of Friday morning.
There were a number of times when the whole process was going south with many delegations admitting defeat as they saw no way out. But through the determined leadership of Commission chair Ms Rhea Moss-Christian and efforts, in particular, from the Tokelau and Japan delegations, the deadlock was finally broken and the deal signed at 2:42am Friday morning.
And something else that had never happened before, happened. A chorus of applause, high-fives and back-slapping by tired delegates, Tuna Commission staff and die-hard support officials from the Forum Fisheries Agency (FFA) and various other agencies who never gave up.
And that was because the stakes were never higher for Pacific countries and territories. This was evident in the fact that the ‘bridging measure’ had been nearly two years in the making and was needed to govern the vast bulk of the Pacific tuna catch.
The Chair herself had taken it on as a special mission over the past 18 months with the aim of ensuring members endorse the ‘bridging measure’ in December 2017. Now that it’s approved, the new rules take over for up to three years to give breathing space for negotiations of a more comprehensive long-term measure for tropical tuna.
RHEA + JAPAN + SIDS = SUCCESS
Two other details are worthy of note from this Commission meeting. First, that the 11th-hour resolution was largely made possible by the strong leadership and unconventional approach employed by Chair, Ms Christian-Moss, which gained the respect and confidence of members.
And secondly, the importance of the fisheries to Japan and Pacific small islands countries who stood united in negotiating for strong ‘conservation’ measures.
To them, sustainability of the stock is critical.
For Japan it’s simple: they are the ‘end market state’ for many tropical tuna products so they need the raw material to be sustainable. On the flipside are Pacific countries, but more so the eight countries plus Tokelau that make up the Parties to the Nauru Agreement (PNA) bloc. Economically, they are largely dependent on their waters that produce most of the raw material and, secondly, come from cultures that place a high priority on being good custodians of the ocean environment.
They were up against the United States of America and China who were demanding increases in their fishing limits above recommended levels. Opposition also came from some Pacific countries that are not members of the PNA.
If the negotiations had broken down it would have been a sorry day for Pacific island countries, whose future food security and aspirations of economic independence rely heavily on the tuna caught in their sovereign waters – aspirations that include ambitions to develop their own domestic commercial fisheries to keep a greater share of the tuna resource – the majority of which is caught in their back yard.
And these have been the ‘pointy’ issues at these annual gatherings.
PACIFIC’S THREE TUNA ISSUES FROM DAY 1
Of the estimated 2.5 million tonnes of tropical catch in the Western Central Pacific Ocean, more than half – 2.4 million tonnes – comes from the sovereign waters of Pacific island countries. However, the lion’s share of revenue is taken by overseas fishing nations. The Pew Charitable Trust estimates that once tuna caught in Pacific waters (WCPO and Eastern Pacific) is processed and gets to market, it is worth an estimated US$22.7 billion per year.
Which is why Pacific countries focus on three key issues at the annual Tuna Commission congress:
As major owners of the resource, they want a bigger portion of the US$22.7 billion ‘end value’ of tuna.
They get lumped with a higher burden to implement ‘conservation’ obligations for measures negotiated by members. They want an equitable share of the burden amongst members.
Their rights and allocation to fishing in the high seas (where there are no national jurisdictions) have been ignored from day one, when the issue has been brought up at the Commission year after year. They want the Commission to come up with a process that will address the special circumstances of small island states.
On top of all that, there is another double negative for Pacific countries.
The status of the WCPO fishery as the largest, most abundant and healthiest in the world makes it even more attractive in today’s climate where tuna stocks in other global fisheries continue to be depleted and overfished. It has led to increased pressure on the Commission with a constant stream of countries applying for participatory status every year.
This presents a number of potential challenges for the Commission, all of which have direct impacts on Pacific country members.
That if the Commission bows to the pressure, it will bring more fishing vessels to fish in Pacific island countries waters. And worse, the increased membership will bring more diverse interests into the Commission, making negotiations and agreement even more challenging than what went down in Manila last month.
Secondly, it needs to seriously consider its mode of operation for achieving its mandate. Now 14 years old, the Commission has used an ad-hoc process and consensus decision-making to address each conservation measure. The results so far show that this decision-making process is not suitable to handling the deeply political and economic arguments that take place within the Commission.
As the Manila 2017 congress showed, the framework ended up politicized as members proposed conservation measures that best protect their own interests, while easily ‘putting a spanner’ in the process by opposing conservation arguments that don’t. And that way of operating nearly wrecked the 2017 negotiations.
SIGH OF RELIEF, GLIMMER OF HOPE
So, as I look back at the Tuna Commission week that was, two outcomes stood out: relief for Pacific countries and a silver lining for the Commission:
relief that the bridging TTM was agreed to; and
hope, via a silver lining that appeared in the form of two provisions: (i) target reference points to enable long-term harvest strategies for tropical tuna; and (ii) a high-seas allocation process to equitably distribute rights to the high-seas fisheries, that will eventually deliver some of the Pacific’s long-term goals.
The two provisions in 2) above could spark a shift, one that could evolve and modernize the Commission’s ad-hoc framework, empowering it to resolve ongoing conflicts and answer important equity questions that are fundamental to conservation negotiations in the Pacific.
From where Pacific countries have positioned themselves, such a framework will need to spell out the conservation burden each state shall carry, dependent on their development characteristics and political status.
3 KEY THINGS FROM A PACIFIC PERSPECTIVE
Looking back at the Manila meeting but this time from a Pacific perspective, three key things stood out.
That the Tuna Commission and negotiations have real and significant impacts on the lives and futures of ordinary Pacific islanders – not so much the officials and jet-setting diplomats in the midst of the negotiations – but the weavers, planters and fishers. Direct impacts affecting their today, and their children’s tomorrow – right now!
The reality inside the negotiations process was aptly stated by deputy Director General for the FFA, Mr Wez Norris, “At the end of the day, we are talking about national interest; we are talking about very significant commercial interest in the private sector so it’s not surprising that it comes down to those fairly pointy discussions at the end of the day.”
Second, how critically important the Pacific’s fisheries officials and staff of the FFA are, in fighting and negotiating the rights of Pacific islanders as majority owners of the WCPO’s tuna and fisheries resource.
“Our big concern at the FFA secretariat is that the concessions that FFA members gave to developed fishing fleets may come back to bite us in the future in terms of the need to take cuts in the future, or in terms of increased difficulty to develop our own fishing fleets and our own fishing industries.”
And the lack of context and understanding by Pacific weavers, planters and fishers of Mr Norris’ above comments lead us to the ‘third observation’: the dearth of easy-to-understand information available to Pacific communities at the national, grassroots and diaspora about the nature, history, importance of the negotiations and what exactly is at stake.
For the growing number of Pacific weavers, planters and fishers wanting to know more, there is no channel nor a customized Pacific medium for them to hear; and to voice their position on a topic that is critical to fund their livelihoods, food security, developments, and a better future for their children.
For some of them, the following statement explains their understanding, and lack thereof, which is due almost wholly to the lack of information:
“Our tuna is exported either here in Japan or the Philippines or Europe or in the US and then came back to us in a can, how was this processed?” cried Rev. Francois Pihaatae, Secretary General for the Pacific Conference of Churches attending his first Commission meeting all the way from Maohi Nui (Tahiti).
“The guy in the village, he didn’t know that the tin fish he is eating is his fish. First it was with him and then it went out to all those who have a processing plant and then came back to him in a tin. That’s the kind of mechanism/process that we need to explain to our own people, that this is how it happened: the fish that you are eating is your own fish, but came in another aspect, that’s in a tin.
“What is going on here at the international level and even in the [Pacific] region are all technical terms. These people are not talking in a language for the ordinary people. It’s like another world, so that’s one of the issues I raised because the whole preparation before we came here: how can we translate all these technical mechanisms and all these kind of things into the language of the people so they will be aware of what is going on?”
THE TUNA BUBBLE
And this is the conundrum that exists in what I call the ‘Tuna Bubble’.
That what goes on inside the bubble is far removed from the reality outside. With the lack of information and knowledgeable commentary, the view from outside the bubble is riddled with confusion, misunderstanding, mistrust, sometimes anger but most times it’s ignorance and dis-interest.
As fellow journalist Mr Michael Field aptly describes it, “…it’s such a complicated issue because the management of fisheries is surrounded by jargon and dressed up science. It’s hard to make sense of.”
Even fisheries experts at the United Nations admit to it in their Fisheries Management Handbook, “There is a lot of terminology floating around in fisheries management that, unless clearly understood, can cause further confusion in an already confusing environment.”
But therein lies the ultimate danger for Pacific countries. That not only is the lack of information blinding ordinary Pacific weavers, planters and fishers to what is at stake, it is equally blinding officials, and delegations operating in the Bubble because they can easily forget that bubbles don’t just conceal reality, they distort it, and it is so very easy to imagine they aren’t there.
Officials inside the bubble forget that stakeholders outside need to know what is really going on because in order for the very measures and outcomes they are negotiating to be effective, it is the resource owners outside who are impacted directly.
WHY TUNA IS IMPORTANT TO PEOPLE OF THE PACIFIC
The reality of the Tuna War being fought at the Commission is incredibly important to the peoples of the Pacific – they depend on fisheries for their food and incomes. They don’t have many other alternatives. If the fish go, they are in trouble.
But that is not all; there is so much more than just wealth at stake. Even non-Pacific islanders are fully aware of the ocean’s importance to the heritage, cultures and sacred traditions of Pacific islanders.
“The ocean defines the people of the Pacific,” claimed Mr Ian Campbell, WWF’s Manager for Global Shark and Ray Conservation.
“The tuna, shark, whale, dolphin, rays – they have shaped cultural heritage. It is not just about managing the resource for wealth; this is about protecting cultural heritage everywhere from aboriginal, Maori right through to French Polynesia. It has shaped the people of the Pacific and yet the people of the Pacific are being excluded from the process.”
Whether by purpose, stealth or plain officials’ ignorance, Pacific islanders must be made aware of the fact that theirs, and their countries’ rights, to the fisheries resources in their sovereign waters, and the high seas, are being negotiated right now, legally.
It almost didn’t go well this year. What if it doesn’t go well next year or any of the years after that? The reality inside and outside the bubble may well be that by the time future generations lose the blindfolds, it will be too late.
Their rights may have been legally taken, through their silence, ignorance, disinterest taken as agreement – a scenario where they could be powerless to redress or do anything about it in the future.
The case of Tokelau and its continuing claim to a fourth atoll, Olosega (Swains Island), is a reminder about vigilance and the importance of informing weavers, planters and fishers.
THRILLER IN MANILA
In Manila, around 700 delegates fought the Tuna War. Inside the Tuna Bubble, delegates found familiar surroundings, their positions relatively the same entrenched along well-worn battle lines over the past 13 years. The rules of engagement: tightly scripted, where the tiniest nuanced change was quickly captured, absorbed and digested ready for a quick-fire retort.
On the one side are the 14 developing Pacific small island states (SIDS) in whose sovereign waters 85 per cent of the tunas are caught.
On the other side, developed distant-water fishing nations (DWFN) come armed with the principal goal of fishing for as much as they possibly can while offloading as much of the conservation burden onto Pacific SIDS they can get away with – after all, these are not their waters.
On the margins but just outside the bubble are observers. Civil and non-government organizations (NGOs), industry, various interest and advocacy groups, and the media. These groups are not allowed to participate or intervene directly in the negotiations.
And when closed sessions are called, they are completely locked out. Kept at arms lengths where their best guestimates are many times thwarted by the fluidity of positions or key statements missing marks because of a sudden change of pace.
International NGOs like the Pew Charitable Trust justify their role and call for participation inside the bubble as they can help take the discussions onto common grounds.
“The things that the NGO group as a whole offer is the perspective of being able to sit back and look at the whole region because we are not involved in any one regional grouping or in any one government,” said Ms Amanda Nixon, Pew’s Director for International Fisheries.
“And because we are not constrained by a need to maintain loyalty to a set of national interests, it gives us the perspective to look and say where can we see some common ground and how can we try and encourage discussions towards that common ground.”
VIEW INSIDE THE BUBBLE
But the bubble does have a small permissible hole for an NGO observer to enter and participate fully in the negotiations.
Mr Bubba Cook from the World Wildlife Fund (WWF) used such an avenue at last year’s Tuna Commission congress in Nadi, Fiji.
“We don’t get to be parties to that conversation as NGOs,” Mr Cook explained during a media briefing in Manila. “But we are allowed, if we choose, to be part of a national delegation. And in this case last year [negotiating the Observer Safety measure], I joined the New Zealand delegation and sat in on the Compliance Monitoring and Review (CMR) process.”
However, in order to become an official member of the New Zealand delegation Mr Cook had to sign a Non-Disclosure Agreement (NDA) which meant he could not tell media about the details of what transpired in the bubble in Nadi. But, there was nothing in the NDA that prohibited him from “divulging” his impressions based on existing publicly available information and understanding of the process from an outside perspective.
“My impressions are that the CMR process is woefully deficient. That it doesn’t create a penalty so you can have repeat offences or ongoing offences that go on and on and on with little or no consequence.
“The other impression I had was that I didn’t feel that anything they discussed inside those doors under the purview of confidentiality was truly confidential. With the exception of a number of minor issues, I felt that most of what they were discussing should have been public domain. And I know that there are other people that are part of that process who would agree with me on that count.
“So it really boils down to countries not wanting to air their dirty laundry.”
He explained some of the dirty laundry that could be revealed at the Compliance Monitoring and Review.
“They might not want the public to know, for instance, that they have been violating observer infringement, that they have been engaged in observer interference or they have been dumping trash at sea continuously for the last ten years or that they had the highest number of sea turtle captures.
“So it really requires that public push to get the Commission to open up that process and make it so that people get to know what is being done with their resource.
“At the end of the day, it is a public resource. It belongs to the people. They have a right to know what is being done with their resource.”
HOW TO GET THE STORY TO WEAVERS, PLANTERS AND FISHERS?
Moving further out from the bubble are found the ordinary weavers, planters and fishers – the real resource owners – and it’s clear they know very little about what is going on. No story, no base narrative on the history of the Tuna Wars for them to go on. Even less, apart from the #Tunanomics media work by FFA, there is no channel from which to listen or participate if interested.
As a Pacific journalist and a Media Fellow for the FFA, I was invited with a number of my Pacific colleagues to cover the Manila congress as part of the #Tunanomics – Pacific Editors Dialogue program funded by FFA, Australia through the Pacific Media Assistance Scheme (PACMAS) plus various others like WWF and the Japanese government. This was my second time. The first was last year at the 13th Tuna Commission in Nadi, Fiji.
In preparation for this year’s Tuna Commission, I recalled how lost I was at the 2016 event. Lost in the sense that I lacked the organic feel for the negotiations, its nuanced technical details, pace and various positions adopted by different members. But more importantly, the many gaps in the historical information to learn the language of the negotiations and the evolution of members’ positions both as blocs and as individual countries, each with their own unique set of needs and priorities.
Having that background knowledge is critical in order to provide information that would better ‘inform’ public debate at the level of the weavers, planters and fishers. Because in order to have that conversation, there is the need to disentangle the diverse positions that different nationalities take on tuna based on their cultural identities, their national and development needs; and how those needs and priorities relate to global obligations under various international frameworks such as the UN Agenda2030, for example, that drives the 17 Sustainable Development Goals.
And the best way, I felt, to provide a basic tuna narrative was to approach it from the perspective of a bubble – the Tuna Bubble.
Those directly involved, the delegates, diplomats and their officials/advisors, are those inside the bubble. It is they who have created the unique and exclusive environment over the many years of negotiations. While on the outside, the rest are staggered outwards from the well informed, well resourced NGOs and advocacy groups at the bubble interface, to the uninformed weavers, planters, fishers with no access to funds for travel and participation way out in the hinterland.
From personal observations over the years covering social justice issues in the Pacific, I noticed a familiar perspective common to issues such as tuna; one also sees this in the climate change issue: what people ‘believe’ about the Tuna War doesn’t actually reflect what they know.
As in the case of Rev. Francois Pihaatae, what he ‘believes’ about the tuna and what goes on inside the bubble is an expression of who he is as a Polynesian male growing up in the traditional fishing communities of Maohi Nui. His beliefs are also influenced by the viewpoints of his congregation and those from the other 33 island members of the Pacific Conference of Churches.
It is for these reasons that I posed my ‘bubble’ approach to Media Fellow colleagues in Manila to write a post-Tuna Commission series.
And the funny thing that happened, as I started to write a basic explanation of the ‘tuna bubble’, that the topic, the ‘bubble’, virtually grew into its own article. Which is where we find ourselves, 3,890 words from the top. And the reason why the rest of this coverage will start to trickle through in the coming weeks.
Although not limited to the five titles listed below, they will be the first articles to come out of the pipeline.
It is my hope that the information in these post-Commission items, including those filed by my Media Fellow colleagues either on their own platforms or on the Forum Fisheries Agency’s news site TunaPacific Hub, that they will eventually ‘Pop’ the ‘Tuna Bubble’ and allow Pacific weavers, planters and fishers to be informed about the Ocean resources they own.
And if through this flow of information that they decide to engage, participate or tap into the $US22.7 billion revenue flowing inside their waters – then that testifies to the usefulness of the media and its duty to serve Pacific communities; and vindicates the hard labour and lobbying by Lisa Williams-Lahari and her colleagues when setting up the #Tunanomics Media Fellows program.
And fair play to FFA and developed countries Australia and Japan who provided financial support that allowed journalists like myself, trainers like Jemima Garrett and Lisa Williams-Lahari to get the media integrated into the Tuna Commission negotiations process.
Jemima Garrett and Lisa Williams-Lahari contributed to this report.
Unplugged: 2017 Tuna Commission Outcomes
View from outside the Tuna Bubble: The unlikely story of Samoa’s Minister for Fisheries
Some things start out Small: Tokelau’s take and aspirations
Solidarity: A Cook Islands perspective
Ghandi’s printing press prescribes slow media digest for tuna delights
Lealaiauloto Aigaletaule’ale’a F Tauafiafi’s participation and coverage at the WCPFC14 was made possible by the Forum Fisheries Agency, the Pacific Media Assistance Scheme (PACMAS), Pew Charitable Trusts, WWF, Australia, Japan and GEF OFMP2 project.
The western and central Pacific Ocean is home to the world’s most productive tuna fisheries, supplying global markets with canned tuna, sashimi and other tuna products. Industrial catches of skipjack, yellowfin, bigeye, and albacore are collectively worth approximately US$5.7 billion per year and account for 57% of the global tuna catch.
Unlike the predominately high seas tuna fisheries in other oceans, the tuna fisheries of the western and central Pacific overwhelmingly occur in waters under national jurisdiction – largely within a small group of Pacific small island developing states. These tuna fisheries are the only significant resource for some Pacific island nations, particularly the atoll countries, and have long been viewed as the primary development opportunity. Tuna can contribute up to 75% of government revenue, provide important employment opportunities and a critical source of food.
While the Pacific small island states hold sovereign rights over the most productive tropical fishing grounds, most of the catch is taken by vessels owned by companies from distant countries, such as Japan, the US, Taiwan, China, South Korea and in the European Union. These foreign vessels may either be based in Pacific island countries (due to licensing or joint venture requirements) or operate from a distant port.
Conservation is increasingly a concern as some tuna and associated species are threatened by overfishing. In addition, fishing levels often exceed maximum economic yields, significantly influencing productivity and profitability.
For the past two years, the Western and Central Pacific Fisheries Commission (WCPFC) has been negotiating a replacement conservation measure to manage the tropical tuna fisheries for skipjack, yellowfin and bigeye. The WCPFC was established by treaty in 2004 with a mandate to ensure the long-term conservation and sustainable use of the region’s tropical tuna fisheries. The WCPFC comprises all of the key coastal and distant water fishing nations (including Australia) and meets annually.
For the past week, approximately 700 delegates from more than 30 countries and territories met in Manila and argued over the replacement measure. Despite two years of preparatory work, and some inspiring leadership from the chair – Rhea Moss-Christian from the Federated States of Micronesia – delegates struggled to reach agreement due to ongoing fault-lines between the developing small island states on one hand and developed distant water fishing nations on the other.
The WCPFC faces a complex challenge. Consistent with the WCPFC Convention, scientific assessments have recommended a precautionary approach that protects tuna stocks and maintains the integrity of the ecosystem. The challenge is complicated not only by trans-boundary issues, also that each species of tropical tuna is caught by different gear in a tightly inter-meshed manner that is difficult, if not impossible, to separate. The migratory characteristics of these tropical tuna fisheries make it difficult to sufficiently limit catches of vulnerable bigeye, for instance, without impacting on fleets targeting the more resilient skipjack.
Successful conservation will involve sharing the burden. Given present levels of overfishing, some or all WCPFC members must compromise and under international law, the commission must ensure that conservation measures do not place a disproportionate conservation burden on developing states. Simultaneously the global community has recognised the importance of fisheries to small island nations by 2030 under the UN Sustainable Development Goals.
Over the past week, developed distant water fishing nations paid lip service at best to the special requirements of small island nations. While Japan and the Pacific small islands countries drove negotiations for strong conservation measures, the US and China demanded increases in their limits above recommended levels. Under pressure from the US to limit participation, the chair cut most negotiations to heads-of-delegation only, undermining the ability of some small island countries to effectively participate without technical support staff, and destroying any pretence of transparency.
To reach agreement, Japan effectively gifted some of its unused limits from previous measures to China, while the US created a pool of all the unused potential limits from its Pacific territories to enable its Hawaiian longline fishing fleet to almost double its allowable quota.
The overall package of measures will not limit fisheries to scientifically recommended levels. But it does include two key provisions that offer hope. First, it establishes target reference points for skipjack, yellowfin and bigeye that will enable the development of long term harvest strategies. Second, the WCPFC agreed to establish a high seas allocation process to equitably distribute rights to the high seas fisheries. The Pacific small island nations had already allocated and limited their exclusive economic zone fisheries under the sub-regional Palau Arrangement. Now it is time to allocate rights for the high seas fisheries.
The two provisions allow the WCPFC a chance to resolve its ongoing conflict and answer important equity questions that are fundamental to conservation negotiations in the Pacific. This would modernise fisheries management, to explicitly determine what conservation burden each state should carry depending on their development characteristics. This approach is already evident in climate change negotiations, where there are principles of differentiated responsibilities between developed and developing states.
Equity concerns are fundamental. The WCPFC currently struggles to address these concerns in an ad hoc process for each conservation measure, leading to deeply political and economic arguments within a management and science framework that is not suited to this task. This framework inevitably becomes politicised as members propose conservation measures that best protect their own interests, and refute conservation arguments that don’t.
Hopefully, the WCPFC has now let a little light in. The new harvest strategy and allocation processes will open the way to negotiate transparent and equitable rules to manage these crucial fisheries.
WHEN the Pacific met its international partners at the 12th Western and Central Pacific Fisheries Commission in Bali, Indonesia in 2015 it was grappling with illegal operations at sea.
Figures at the time claimed that Illegal, Unregulated and Unreported fisheries activities cost around $USD600million annually in the Pacific.
And 95 per cent of that activity – according to the international environment advocate, Greenpeace – is conducted by licensed vessels.
Robust guidelines put in place by the Forum Fisheries Agency have attempted to increase monitoring and surveillance of the purse seine fleet which operates in the region.
With around 90 per cent of the fleet monitored by on-board observers, the purse seiners are estimated to account for 70 per cent of illegal activities.
That’s according to figures released by the Pew Charitable Trust.
A Pew study reports harvested or trans-shipped tuna in the region at about $UDS616.11 million a year – 12 per cent of the $UDS5 billion paid to fishermen for their tuna catches in the region in 2014.
Despite recent efforts and observer coverage, the estimated volume of IUU product was found to be highest in the purse seine fishery, which accounted for 70 per cent of the illegal catch.
Much of that activity was driven by the use of illegal fish aggregating devices.
In the longline fleet transhipment of fish at sea, out of sight of authorities, was the weak point.
The Pew Charitable Trust’s Amanda Nickson said it was clear from the figures that transhipment at sea is unacceptable.
“Our position remains very clearly that transshipment at sea should be banned until there are sufficient controls in place to ensure that we don’t have it operating as a loophole for IUU activities,” Nickson said at the 14th WCPFC Meeting in the Philippines.
“At this point I don’t see that we’re seeing a great deal of political will to address the issue as we would like but we certainly hope to see improved discussion.”
James Gibbon of the Pew Charitable Trusts said the WCPFC initially envisioned transshipment as a rare event.
“Unfortunately because WCPFC has not formalized the guidelines like they were supposed to, they basically rubber stamped any request for long liners to trans-ship,” Gibbon said.
“So at this point, 52 per cent of long liners operating in the WCPFC have the authorization to trans-ship. And that is not what the WCPFC envisioned when they put these regulations in place.”
One of the other issues is confronting the industry is that independent observer reports are often not submitted to the WCPF Secretariat.
In 2016 there were approximately 900 at sea trans-shipments but only one observer report made it to the secretariat.
“So there is very little monitoring of what is going on,” Gibbon said
“There’s a lot of transshipment that initially was thought was not going to occur but as a result of commission inaction has actually allowed this to occur.”
Gibbon believes cooperation from all the relevant authorities is key to the success of any monitoring programme.
“The observer programmes (must make) sure that their reports are submitted both to the national, sub-regional and secretariat,” he said.
“And it’s going to take those authorities working together to cross check between the catch reports of the fishing vessels, the transshipment reports of what actually is transferred and then also the landing reports and making sure that all that information make sense.”
That speaks to a broader ongoing issue of needing a strong compliance regime within the commission.
Amanda Nickson: “We’ve see these trial compliance regimes roll through but we believe they could be more transparent and we believe there needs to be a more formalized and permanent compliance monitoring system in place. “
So, for how long will those discussions continue without concrete measures being put in place to end the illegal activities?
Forum Fisheries Agencies Director-General, James Movick, raised the issue of the need for more observers with the relevant equipment to report illegal activities in real time.
He was asked whether two years after talks in Indonesia the discussion on observers was merely talk without action and completely unachievable.
“No, I think we can achieve it. We’re experimenting,” Movick said.
“We have trials underway and the commission itself is seeking to develop standards for e-monitoring and e-reporting and work quite well in other fisheries around the world.”
Movick said current work concentrated on how to adapt e-reporting standards for operating conditions in the Pacific.
“We should see a higher degree of monitoring capability for these boats,” Movick said.
“I don’t think it’s an impossible task but as the scientist do, there will be margins of errors built into the scientific analyses. By and large we will have sufficient, verifiable data the scientists will be happy that they’ve got something statistically sound.”
Movick and Ludwig Kumoru – CEO of the Parties to the Nauru Agreement – believe the e-monitoring option is possible in five years.
“With the way PNA is implementing the Vessel Day Scheme for the longline – within five -years is achievable,” Kumoru said.
“But first of all we need to get it done within our zones, then and only then can we look to extend it to the high seas.
The Parties to the Nauru Agreement are the Federated States of Micronesia, Kiribati, the Marshall Islands, Nauru, Palau, Papua New Guinea, the Solomon Islands and Tuvalu.
PNA member countries allow tuna fisheries vessel owners to buy days of fishing at sea for a specific monetary value,
This scheme places a limit on the number of vessels operating in the waters of the PNA in an attempt to ensure resource sustainability.
Monitoring at sea, however, is only one part of the equation.
Strong observation measures in ports where fishing boats land their catch are equally important.
Amanda Nickson said strong port-state measures coupled with a credible observer base were two ways to stop IUU fishing.
Two years after Bali the gaps in the system remain
“We don’t yet have comprehensive port-state controls, we don’t yet have significant enough level of observer coverage on long liners and we don’t have a sufficient system in place to ensure the safety of those that were asking to help us ensure the system is legal and verifiable,” Nickson said.
Managing the Pacific’s tuna stock is important in terms of the global marine ecosystem and for Pacific people and their economies. It points to Pacific solidarity as the guide for technological methodology and innovations to maximize commerce while protecting the cultural integrity and health of its vast 19.3million square kilometers of ocean real estate.
The Pacific is blessed with the largest and most valuable oceanic fishery on the planet. Alone, it yields close to 60 per cent (3.5m metric tons) of the globe’s entire annual tuna harvest (4.99m metric tons) in 2014. According to the latest FFA Economic indicators report, the Western and Central Pacific Ocean (WCPO) share of the global catch of albacore, bigeye, skipjack and yellowfin tunas increased from 50% in 2006 to 58% in 2014. In 2015 the total WCPO catch of these species was 2.7 million tonnes, 57% of global production of 4.7 million tonnes. The total WCPO catch in 2015 was down 7% on the 2014 record catch of 2.9 million tonnes driven by a decline in the catch from the purse seine fishery as intense El Nino conditions prevailed over most of the year.
But with the resource blessing comes two great responsibilities for the 17 Pacific countries and one territory that together own 19.3million square kilometers of Exclusive Economic Zones (EEZs) in the Western Central Pacific Ocean (WCPO).
All of them form a collective under an agency they established in 1979, the Forum Fisheries Agency (FFA), to help members manage their fishery resources with the goals: sustainability, value, employment, and food security.
RESPONSIBILITY 1: ECONOMIC – PRUDENT COMMERCIAL MANAGEMENT, PROTECTION AND SUSTAINABILITY.
One of the key challenges FFA members face at the national and regional levels, is to maximize their share of economic benefits flowing from the exploitation of the tuna resource.
Plans and policies are constantly formulated to maximize commercial opportunities within the FFA members fishery with the latest figures showing a ‘dock value’ of US$3.1billion (2014 figures). These also include exploring the potential to take slices from different levels of the supply chain right down to the retail end – where tuna products from the Pacific fishery were valued at US$22.7billion in 2014 (more than 50 per cent of the global value US$44.2billion, 2014).
Pacific leaders have prioritized this area of focus since 2010 when they were presented the ‘Future of Fisheries’ study predicting the “region’s tuna catch in 2024 will be worth double what it is in 2014.”
However, the study pointed out that if nothing is done, Pacific countries will not gain much from that two-fold increase, “Although tuna fisheries are seen as an important opportunity for economic development, we are still in the situation of allowing two-thirds of our tuna to be harvested by foreign fishing boats; and nearly 90 per cent is taken out of the region for processing. Larger and more developed countries are taking our fish to create their profits, exports and jobs.”
The study detailed one of the ways to ensure Pacific countries get their fair share (of profits, exports, jobs) would be, “by increasing value rather than volume, by eliminating oversupply and targeting higher value products and markets. In line with increased value and profitability, there will be scope to increase access fees for countries that wish to continue licensing foreign vessels.”
It revealed that 306,440tonnes of tuna were lost annually to illegal fishing. A volume of tuna that equates to US$616million per annum.
However, the report explicitly pointed out the US$616million ‘Ex-vessel’ value is not a good indicator of actual loss to FFA members.
“This is because the full value of the catch is not returned to coastal states under normal circumstances (only a proportion of total revenue is, typically through access fees) and because of their nature, some risks may not necessarily result in direct losses,” it stated.
A better measure “is likely to be the economic rent lost as a result of IUU activity.”
Therefore, it estimated the rent loss to FFA members, and a more accurate cost of IUU activity in the region “is around US$152.67million”.
For the 15 FFA Pacific small island countries and territory, that sum of money would make a significant difference to the lives and well-being of their people.
It would increase investments in human capital, along with small but strategic infrastructure projects, which would yield substantial economic returns by enhancing productivity. At the same, would help its fisheries agency better manage and control their fisheries.
But while the fight against IUU is ongoing, many Pacific countries are already reaping increased fisheries revenues.
In the Federated States of Micronesia, fiscal year 2015, fishing license fees contributed to 65 per cent of government revenues excluding grants. This is seen to climb to 74 per cent in fiscal year 2016 highlighting the need for sustainable management of the FSM’s fisheries.
From 2008 to 2015, revenues from fishing license as a percentage of GDP has increased in a number of countries: FSM (from 6.3 to 13.6); Kiribati (19.6 to 61.4); and Tuvalu (from 20.9 to 35.9)
This increased revenue has enabled them to: (i) improve fiscal positions, (ii) increase savings in public trust funds, (iii) increase government expenditure—particularly investments in human capital, (iv) for a normal size cannery in Papua New Guinea and the Solomon Islands, over a thousand workers when properly trained, can fill all of the positions including managers, engineers, accountants, cleaners, mechanics, and (v) jobs keep people at home which enables maintenance and continuation of their languages, traditional, and cultural ways of life.
RESPONSIBILITY 2: GLOBAL SECURITY.
According to the Pews Charitable Trust, “Ecologically, tuna are a vital part of marine systems. Their importance in food webs as predators and prey is difficult to monetize; however, tuna are known to play a fundamental role in open ocean ecosystems. And that makes maintaining their health critically important to human communities, [in other parts of the globe,] that rely on them for food and economic well-being, particularly at a time of global ocean change.”
But there is also another, equally important dimension to the security issue where global fisheries and network extends beyond environmental and economic harm.
For not only are the oceans rife with illicit fishing practices that threaten the marine ecosystems, regional and global food security; human welfare concerns and labor rights abuses; the industry is also a conduit for human trafficking, drugs and other illicit activities.
NTSA, PNA SAMPLES OF SUCCESS THROUGH SOLIDARITY
It is at this illegal junction that an innovative multilateral approach by the FFA through the Niue Treaty Subsidiary Agreement (NTSA), is setting a new standard for combatting IUU fishing and its broader affiliated harmful activities.
It is a legal agreement that acts as a platform for cooperation between Parties on monitoring, control and surveillance of fishing; together with procedures for prosecuting and penalising illegal fishing vessels. Another component that targets ‘Persons of Interest’ is being developed.
According to the head of the legal team behind the NTSA, “The way it’s set-up with its objective of combatting IUU fishing, enhancing active participation on surveillance and enforcement with the broader objective above that, that we can achieve our fisheries management objectives and maximize the social and economic benefits for our people.
“There is every possibility that this NTSA framework can be used in any scenario that we will be seeking to capture IUU offenders,” Dr Manu Tupou-Roosen told Pacific Guardians at FFA headquarters earlier this month.
But the potential of the NTSA extends beyond the boundaries of the fishing sector because of a unique legal capability that’s being built in.
A legal capability that allows fisheries data and intelligence to be shared for broader law enforcement purposes, and vice versa. “A legal capability consistent with our Leaders’ call in 2016 to end transnational crimes such as ‘human trafficking and illicit trade’,” said Dr Tupou-Roosen.
“The unique feature of the NTSA is that we are able to share with those broader law enforcement agencies any information that we think is critical to them like human trafficking through our own inspection of fishing vessels; Illicit trade, any of those transnational crimes.
“So there is a real ability through the NTSA to assist the region in broader law enforcement effort. And it is not just one way, that we share with them, but also the other way, in how they share back with us any information they find in their line of work that would be relevant for fisheries purposes.”
It is not hard to look past the NTSA’s unique foundational frame because it is based on the Pacific’s ‘communal’ cultural mores – identified as solidarity in the Western context. A characteristic reaping success for the eight Pacific member Parties to the Nauru Agreement (PNA). Their innovative licensing regime, Vessel Day Scheme (VDS) which also includes Tokelau, has increased fishing license revenues by more than 400 per cent between 2011 and 2015.
Success that’s facilitated through two important facts: PNA members EEZs cover a substantial proportion of waters in which skipjack tuna are fished globally; and their ‘Pacific communal’ agreement to enforce the VDS as a regional regulatory arrangement.
It is this evidence, of Pacific communal actions to effect positive outcomes that provides confidence to extend the NTSA’s multinational framework beyond the fisheries industry. That the legal framework underpinning the NTSA is a viable tool for broader law enforcement efforts that would, with other monitoring, surveillance and control tools will be effective in fighting IUU in the Pacific’s oceanic fisheries, its coastal waters (as in the illegal Vietnamese Blue Boats), but also in combatting other transnational criminal and illicit activities.
And at the same time, the collective strength of the Pacific’s 19.3million square kilometer of EEZs will also attract strong partnerships with other regional, national, and local governments, plus networks of fisheries sector stakeholders including non-governmental organizations, industry leaders, standards organizations, local universities, and fisherfolk that would lead to better protection of the world’s marine ecosystem, of vulnerable small island states in other oceans, and health of our planet’s ocean. –ENDS
Koror, Palau — ‘Blue Boats’ a phantom fleet of marginally registered fishing vessels, set sail from small villages in Vietnam to venture out and spread throughout the Pacific. Made of wood and painted in a hue that blends invisibly with the ocean, these boats are virtually undetectable to 21st-century marine radar.
Bypassing tuna, these poachers target coastal fish stocks and other marine resources that are easier to harvest. Although they do not come for the prized tuna catch, their unwelcome entry in the Pacific waters now poses a big problem to many small island nations in the region. These boats have been spotted in Palau, Federated States of Micronesia, Papua New Guinea, Australia, and New Caledonia. There is also a strong possibility that they are in the Solomon Islands and Vanuatu.
The growing threat of these ocean pillagers in the Pacific is a serious concern raised during the annual Western and Central Pacific Fisheries Commission (WCPFC) meeting held in Nadi, Fiji from Dec. 5 to 9.
James Movick, director general of Forum Fisheries Agencies, said these poachers are not after the highly-migratory species but are stealing coastal reef resources such as sea cucumbers, clams and other sea creatures that local fishermen are not even allowed to take.
Vu Duyen Hai, head of the Vietnamese delegation to the WCPFC meeting, said Vietnam has approximately 105,000 blue boats. While aware of their intrusion, Vu could not say how many of them have illegally entered the regional waters.
“We have been informed by some other countries that Vietnamese vessels come to Palau or Micronesia to poach,” Hai said. “We are not so sure that they are Vietnamese vessel or that they are Vietnamese flagged.”
Because the blue boats are not equipped with GPS, Hai said they follow the fish and unintentionally enter the EEZ of other nations.
While it may not be clear from which villages the blue boats are coming, these fishing vessels bear the tradition of Nha Trang, the first big boat-building city surrounded by several harbors at the northern end of the South Coast and its river mouth holds hundreds of boats. These motorized fishing boats are painted, with bright red and white trim around the windows and panels in the cabin top. Their bows are tall.
Some nations take a hard-line in dealing with these blue boats, which have been compared to a “thief in the night,” who enters the home and steals the most precious resources. In Palau, Vietnam’s unwanted poaching has been put on notice with at least five boats having been burned since 2015. The vessels that had been burnt were caught fishing illegally off of Kayangel Island, with over 8 metric tons of sea cucumbers and reef fish on board. “We will not tolerate any more unsustainable acts. Palau guarantees, you will return with nothing,” Palau President Tommy Remengesau Jr. said.
“I think they are doing very big damage. I mean we have found them in Australia, in Papua New Guinea, in Palau, and Federated States of Micronesia. So if they have found them there, then they must be everywhere,” Ludwig Kumoru, CEO of Parties to the Nauru Agreement (PNA), told Pacific reporters at the WCPFC meeting.
Vietnam, a cooperating non-member country of WCPFC, has expressed interest to become a full member. But several WCPFC members impacted by the blue boats are not keen to accept Vietnam into the commission.
FSM Head of Delegation Eugene Pangelinan said the problem is being exacerbated by Vietnam’s failure to provide any regulation or control over boats that have been arrested in FSM waters.
It is a matter that goes way beyond our imagination.” Pangelinan said, describing how these activities seem to be condoned by flag states that allow a large number of vessels to go out beyond their monitoring capabilities or ability to exercise flagship obligations.
At a plenary session, the Vietnam delegation recommended that a hotline be established between the Asian nation and the islands so future incidences could be addressed through communication. Pangelinan rejected the suggestion. “We don’t feel like a ‘hotline’ is what the Law of the Sea convention calls for,” he said. “We want them to live up to their flag state duty to prosecute or take other actions against the blue boats.”
Between December 2014 and September 2016, the FSM has seized more than nine Vietnamese vessels and arrested approximately 169 crew members, according to a briefing paper distributed to the media at an earlier Pacific Island Leaders Summit in Pohnpei.
The FSM has borne the substantial cost of detecting the vessels, making the arrest, as well as transporting, feeding, and repatriating the crew members, Pangelinan said. He noted that some of crew members, who have been arrested and sent home by the FSM government, later came back and arrested again.
Suzanne Lowe-Gallen, chief of Compliance and Technical Projects for FSM, said surveillance and arrests of these boats has cost the FSM government more than $200,000.
According to Keobel Sakuma, Palau National Marine Sanctuary executive director, the blue boats and their destructive practices affect Palau’s nearshore marine life, resources which are vital to the tourism industry and to the island’s food security.
WCPFC chair Rhea Moss-Christian also shared her perspective, “It’s certainly an issue of concern because it relates to Illegal, Unregulated, Unreported (IUU) issues in general and impacts small island coastal states,” she added that they will wait and see what the most affected members have in terms of proposals or requests for action.
FSM, which has been gravely affected, urged the commission needs to address the issue. “The impacts of IUU are not localized, but are felt across the region. And as such, collaboration is key toward combating the detrimental effects of illegal, unreported and unregulated fishing, in particular these unacknowledged, uninvited and unwelcome blue boats,” according to a statement by the FSM government, which was read before the commission.
The Forum Fisheries Agency will be taking steps to put into place a number of surveillance mechanisms that will allow assistance to countries that are being affected by the problem. “As a regional agency we recognize that we have a responsibility and there is an opportunity for us to use the regional platforms and mechanisms that we have in order to support those countries to better monitor and survey any possible blue boat activities. So we are planning to bring together those parties that are currently being affected sometime in the first quarter of next year in order to discuss this strategy,” Movick stated, adding that the agency is looking at utilizing satellite surveillance to get a handle of the issue.
One economic impact of illegal, unreported and unregulated fishing on developing countries is the direct loss of the value of the catches that could be taken by local fishermen if the IUU fishing were not taking place. According to the Pacific Islands Forum Fisheries Agency’s 100-page report released in March 2016, illegal fishing in the Pacific Ocean is costing more than $600 million a year and is mainly being carried out by legally licensed fishing vessels, a report has found. The agency’s report is the first in-depth attempt to investigate, quantify and place a monetary value on the illegal, unreported and unregulated fishing practices in the region. “IUU fishing by the licensed fleet accounts for over 95 percent of the total volume and value of IUU activity estimated here,” the report said.
On the global level, the Conservationist group Oceana estimates that the world economy loses between $10 billion and $23 billion annually from illegal fishing. IUU harvests may be brought to market at a lower price as unfair competition to the same products from the regulated supply or as a mislabeled competing product. In either situation this illegal unregulated contribution to the market may lower the overall quality and price of products available, thus creating an economic burden on harvesters following the laws and regulations.–First published in Pacific Note
A real life David and Goliath struggle has unraveled in the Pacific as a young woman from a small island nation takes on the cause of protecting the world’s dwindling tuna stocks against bigger countries and interests — a role that has earned her global respect.
In her day job Rhea Moss- Christian works as the special adviser on Oceans and Trade to the government of the Marshall Islands, where she provides direct support to the Minister of Foreign Affairs. It is in her unpaid role as chair of the Western and Central Pacific Fisheries Commission, the rule-setting body for the world’s biggest tuna fishery, that she has won the respect of the world by moving the institution from a state of paralysis.
At 42, Christian had spent more than half her life working with tuna and other marine resources. “For 20 years I have been following this path on fisheries,” Moss-Christian said. Her work in fisheries started with her undergraduate study in an American University. But her career began during the time WCPFC Convention was being negotiated in the 1990’s. The convention eventually gave birth to the commission.
Straight from school she helped the RMI government during the regional fisheries meetings and the United Nations negotiations as the they struggled with other Pacific countries to establish a body that would bring sustainable management to the last healthy fishery resources.
Christian is a cheerful young mother who takes her job seriously. She made history as the first woman to chair the Pacific Tuna Commission, a body which brings together all the big fishing nations from Europe, Asia and North America with developing Pacific nations such as Indonesia and the Philippines. Her recent re-election for a second two-year term is testament to the respect she has won from the members.
She wears so many hats and has recently given birth. As she travels around Asia and the Pacific with a breastfeeding baby, she is breaking new ground for women hoping to make a positive impact in the world.
When asked about her experience as chair from a small island nation such as the Marshalls, Christina said she doesn’t see a problem dealing with commission members from large countries. “I don’t know if it affects me directly, I work very hard, I try to give equal time to delegations. I don’t see that my representation as a small island state should cloud my ability to do that,” she said.
WCPFC membership includes all the nations that fish in the Western and Central Pacific and the resource-owning island states. The aim of the commission is to put fishing for tuna and other species that range widely across the ocean on an economically and environmentally-sustainable footing. Fishing is a cut-throat industry powerful nations involved have not been willing to act even when tuna stocks drop to critical levels.
As chair of the commission, Christian shoulders a huge responsibility especially when two of the main commercial species of tuna are at dangerously low levels. The Pacific bluefin tuna and bigeye tuna are in most trouble, with bluefin down to 2.6 per cent of pre-fishing stocks and bigeye down to 16 per cent. Both stocks continue to be overfished. Christian said the challenge can be daunting as different countries have different interests. The way the commission is set up every one has to agree to measures or they will not be agreed. She said that the challenge is to help members meet their interests. There is a mechanism to do that and “there is a way for them to agree to take action even if they don’t see it immediately,” Christian added.
Christian, in her pioneering role, said she is humble about her substantial contribution and happy to see more opportunities for women.“I see myself as someone who cares about the issue not as a woman but as someone who plays on my strengths, (in) taking the role as chair,” she said. “From the time I started to now, it’s encouraging to see that there is a more balanced representation (of women) at meetings and in their delegation, I think that is just a sign of growing interests overall in the importance of fisheries especially in the Pacific region,” she said.–First published in Pacific Island Times and Pacific Note
Does the Pacific have a system capable of mounting effective surveillance, capture and arrest illegal vessels and operators in its 20million-plus square kilometer fishery? The answer to that, over more than a decade of Surveillance Operations in the region, is an emphatic ‘Yes.’
But the newer question the region is asking itself has a mixed response. Can the region deal to the ‘Vietnamese Blue Boats’ threat putting our Pacific reef systems on the line? The answer to that is Yes and No.
Yes because the 17 Pacific Forum countries have a special system specially set-up to combat Illegal, Unreported and Unregulated Fishing (IUU) in its multi-billion dollar fishery.
The system called the Monitoring, Control and Surveillance (MCS) network run by FFA is enormously powerful. Its scope is oceanic, it has multiple international partners that contribute to it [the Australian, French, New Zealand and United States of America military collectively called the ‘Quad’], and all of the Pacific’s fisheries agencies’ IUU-related networks feeding into it.
Any lingering doubts about the power it wields were put to rest last week when the Royal Solomon Islands Police Force (RSIPF) apprehended three illegal ‘Vietnamese Blue Boats’ at the Indispensable Reef 50 kilometers south of Rennell Island, Renbel Province after being directed there by an aircraft provided by France under the FFA’s regional MCS framework.
Near midnight on Sunday, 26 March, RSIPF’s patrol boat Auki rammed and boarded the first of the four vessels, all of whom refused to stop when called. The crews of each vessel boarded were apprehended and detained aboard Auki. And even though sister patrol boat Lata later joined the fray, the logistics of managing arrested crew and corralling the three apprehended vessels gave the fourth ‘blue boat’ an opportunity to escape.
What the Solomon Islands operation demonstrated was the capability of the MCS system.
It could not have been better staged or timed as on Monday this week, the who’s who of Pacific Fisheries are in Honiara for the annual series of Monitoring, Control and Surveillance sessions to tackle IUU fishing in the Pacific tuna fishery.
FFA’s Director General alluded to the MCS network’s role in the Solomon Islands ‘blue boat’ operation, “It is important that we have this capability. That the fishing industry understand we have the capability to mount effective surveillance and to apprehend vessels if we need to,” Mr James Movick stated during his opening address to officials at the regions annual MCS working group meet. These sessions set the agenda for what MCS priorities are tabled to the regional Forum Fisheries Committee in May, with the outcomes set before Fisheries Ministers in July.
In essence, it is FFA within the regional MCS strategy that provides the centralized hub for the Pacific’s various fisheries networks such as the Regional Observer Program, Vessel Monitoring, Information and technology services. It then analyses the information from these sources along with other information layers at its Regional Fisheries Surveillance Centre (RFSC) to assess possible and potential illegal activities in the fishery. If aerial surveillance and other actions are needed to confirm suspected perpetrators, the RFSC then links with its Quad partners and assists Pacific nations in their comprehensive response if potential IUU is confirmed.
What’s more, another MCS tool the Niue Treaty Information System (NTIS) will go live in May 2017 giving the system a turbo boost of ‘power’. This will come through the Niue Treaty Subsidiary Agreement (NTSA) by allowing Parties to the agreement to cross vest other parties to help them enforce their own national laws. It also provides the opportunity in the future for partnerships with other border control networks besides the Fisheries network as they need to.
It means NTSA Parties would be able to also share their data and intelligence with regional law enforcement agencies and other related government line ministries like Immigration, Customs, Quarantine, Transnational Crime Units, and the like.
This extra capability will not only provide these new partners with information on vessels and people involved in illegal fishing activities but also a cross-sector platform to investigate those particular vessels and people. The new capability also lends itself to working together on how to enforce, how to follow-up action. It means that this new approach can be applied to any situation that involves IUU fishing and other transnational crimes usually linked with fishing vessels such as human trafficking and illicit trade.
There are two dimensions to the No- and they may set those who are so inclined to reach for their panic buttons, but they do demand an active regional response.
First, as the Pacific MCS system gets a super upgrade, its powerful applications now showing up the ‘reef robbers’ were created for one purpose only- ensuring sustainable management by deterring IUU activity in the region’s multi-billion dollar oceanic fishery.
“As we deal with the Vietnamese blue boat issue, technically this is not within the FFA’s mandate,” DG Movick reminded participants.
FFA’s core mandate is ‘to assist members to sustainably manage Forum countries’ offshore fisheries resources’. Which means that technically, FFA’s operations do not extend to illegal activities in coastal waters where the Vietnamese Blue Boats are illegally harvesting beche de mer or sea cucumber [worth between US$60 to US$300 per kilogram on the market].
According to Movick, “We got involved because every time there are illegal boats in the region everybody says, what is FFA doing about it. So we have the responsibility but also the opportunity of using the regional MCS framework.
“So we will be looking for a full mandate from member countries.”
There is urgency, and the process FFA is expected to take will be to raise the issue, firstly, at a meeting in early May in Australia for Pacific countries immediately affected by the ‘Vietnamese Blue Boats.
The ideal officials to attend would be Attorney Generals and other senior officials from countries targeted by the Vietnamese Blue Boats.
The aim of the meeting is to gain from these officials a direction on a mandate that FFA will take to the Fisheries officials and Ministerial meetings for some form of formalization.
“We do have a very effective tool in place and we do need to use it as these are problems that are affecting the sovereignty of our countries, the livelihoods and opportunities that exist for our own people to harvest these resources.
Vietnamese Blue Boats have ransacked beche de mer in other coastal nations in Asia, where strong action by Indonesia has made them move further afield into Palau, the first Pacific nation to raise the alarm. FSM began to report incidences and lately, PNG, Vanuatu, Australia and New Caledonia have had first-hand experience with these vessels. The latest arrests in the Solomon Islands have heaped more pressure on Vietnam to take responsibility for a problem which comes from their shores.
And another issue at play is the human rights context of this criminal activity.
Already sparking strong social media conversations in online groups across the Pacific, there are questions where Vietnam itself is remaining silent on its responsibility. What is it about the economic situation confronting these young men, where they are heading out to sea on vessels which are illegal in design, intent and goal?
The crews work in illegal, inhumane and risky conditions for unseen masters reaping the high-value financial benefits of feeding the global beche-de-mer market. For them, there is an inevitable nature to their capture, apprehension and jail in foreign lands where the conditions of their captivity are like a holiday compared to their working conditions at sea.
It may be these and other peripheral issues which help the Pacific bring global pressure on Vietnam to take responsibility for its reef robbers.–First reported in Pacific Guardians
Pacific Forum countries lose an estimated US$153million each year to Illegal, Unregulated and Unreported (IUU) fishing operators.
In a region where 60 per cent of the global tuna catch is harvested, valued at US$6billion, it is no surprise that tuna is the single most important economic resource to Pacific nations.
For some of them, tuna brings in more than 40 per cent of their national income. For others like Tokelau, it brings in 99 per cent, a source that for the past two years has been the sole contributor to its Trust Fund, a core element to realize aspirations to a self-determined nation and people.
The blatant illegal and criminal offenses together with the lack of international redress are key reasons why Pacific leaders are sick of the IUU effect. It not only robs them of revenue for current needs, it steals development opportunities from future generations. At the same time, domestic fishing operations are squeezed out of their own fishery as they succumb to the skewed competition from the heavily subsidized foreign fishing operators; while adding to the injustice are Foreign Flag states turning blind eyes to their management obligations so that Pacific nations have to redirect their revenues to manage the fishery on everyone else’s behalf.
At their most recent meeting in September 2016, Pacific leaders once again put out a strong call to international, regional and national agencies for “action to ending IUU fishing and associated activities” that would address the exploitation and injustice.
But at the end of the day, reality for the Pacific is it needs to find solutions because no one else will. And last week at a meeting in Honiara, Solomon Islands, that search looks like it has finally found an answer.
At Honiara, the NTSA entered another exciting phase and emerged from the FFA’s conference centre with a vote of confidence from Pacific members more familiar with the Niue Treaty’s operational heart, the Niue Treaty Information System (NTIS.
“Data is key to our Monitoring, Control and Surveillance (MCS) work. The collection of that data is also key. But data by itself is useless if we don’t do something with it. We must use it, analyze it, and share it” if the Pacific is to stop IUU, FFA’s Legal Counsel and legal brains behind the NTSA, Dr Manu Tupou-Roosen told Pacific Guardians in an exclusive interview.
“So as part of this work for implementing the NTSA, the intent is collection of data, and sharing it with parties so that something can be done with it.
“It will enable a country to take further action should it be required because its one of its vessels or one of its nationals that’s involved. And also that the administrator [FFA Director General] undertakes trend analyses of certain violations or certain operators that commit certain offences and making that widely known to our Parties.”
The globally unique NTSA’s strength lies in setting up its own information system, the NTIS, to gather up interagency information, pool it together and make it accessible by Party. And its ability to allow that information to be used not only for fisheries purposes but also for broader law enforcement purposes.
It points to the final test run at a training, targeted for end of this month, giving the system the ‘green light’. All going to plan, that makes May 2017, the ‘go live’ date for the system and another milestone to celebrate the occasion of the UN’s inaugural World Tuna Day on 3 May.
“I have been advised by our operations and IT team that after the meeting next month where we do the training on populating directly into the live system the information that’s required; after that, by May, it will be live for all of the Parties,” said Dr Manu.
She also expanded on the key details and outputs from last week’s meeting.
“We went into the meeting thinking that one of the key outputs to achieve is a great familiarization by several of the new faces in the room on the NTSA and especially the NTIS.
“And also the ability that the information is used not only for fisheries purposes but also for broader law enforcement purposes. That’s the objective we sought to achieve and feel we did achieve.”
She felt members understanding of how the system works was enhanced, as well as gaining greater appreciation of the benefits for their country and region as a bloc.
One of the key messages she said delegates will take home “are the ‘opportunities’ available under the NTSA. And how simple, efficient and effective it will be when they become a full party to the NTSA.
“And the message to countries already Party to the agreement, is the important that they fully commit to take it on. And implement.”
‘OPPORTUNITIES’ UNDER THE NTSA?
The NTIS is intended to be a secure searchable system accessible only by Parties to the NTSA. It houses critical information and also authority to allow any of the Parties to plan and conduct cooperative activity.
Although cooperative activities are already happening outside of the NTSA framework, there are gaps.
“What you find at the moment is that various members exchange data with some or all of the other members. But it is not done consistently and there are some gaps in the current frameworks.
“So what the NTSA seeks to do is to standardize that. Make it very clear and recognize that there are certain basic data that must be shared by anyone that’s participating in a cooperative activity.”
The NTSA provides a transparent, clear way in which everything is recorded so that every Party to an activity go into the activity knowing exactly what the rules of engagements are.
Said Dr Manu, “All of this is recorded in the system. And the system is set up so that they can look at previous activities and lessons learnt and on top of that, they can share that information with other Parties who are not part of that specific activity.
“Moving forward, I expect Parties will go from strength to strength in terms of implementing and learning lessons and continue to implement this important instrument. That’s one of the opportunities.”
Another key opportunity she outlined is the NTSA’s ability to share fisheries ‘data and intelligence’.
“There’s specific minimum data to be shared by the Parties – which is the one substantive obligation upon becoming a Party.
“Specific minimum mandatory data which makes sense to everybody because it contains key information needed if you are going to assist another Party. Or if you are going to request assistance from another Party.”
There are eight “Fisheries data and intelligence to be shared” under Article 19(1) and Annex A of the NTSA.
Two of them are fishing vessel license lists (current and historic).
“If the Solomon Islands wishes for another Party to assist in its waters it makes sense the Solomon Islands must provide its license lists.
Another crucial data is the Vessel Monitoring System (VMS) data.
“Our EEZs are vast and so the ability to know where the vessels are from satellite tracking and being able to better target the compliance effort so when the assisting party comes to help you it makes complete sense they get access to this VMS data,” she explained.
The opportunity offered by the NTSA is this basic mandatory fisheries data and intelligence, license list, VMS data, violations and prosecutions, cases of public record, Persons of Interest (POI), Vessels of Interest (VOI), all sorts of reports; are available to allow each party to plan and conduct activities. And they are made available on an ongoing basis.
“The mandatory data is not intended to be provided by a Party with caveats,” she stated. “That it be provided by one Party to allow another Party to plan activities with each other.”
The other significant opportunity under the NTSA “is not just sharing this fisheries data and information intelligence amongst the Parties but also being able to share it for broader law enforcement purposes,” she explained.
“This is another unique feature of the NTSA: that we are able to share with those broader law enforcement agencies any information that we think is critical to them like human trafficking through our own inspection of fishing vessels; Illicit trade, any of those transnational crimes.
“So there is a real ability through the NTSA to assist the region in broader law enforcement effort. And it is not just one way, that we share with them, but also the other way, in how they share back with us any information they find in their line of work that would be relevant for fisheries purposes.”
The NTSA framework is a unique IUU weapon that can combat illegal fishing activities at inshore and offshore fisheries.
“The NTSA framework can be used in any scenario that we’ll be seeking to capture IUU offenders.”
Which means it can also be calibrated to fight the new threat posed by illegal Vietnamese fishing vessels, also known as ‘Blue Boats’. And extended to potential future threats.
“To put a halt to IUU fishing as determined by our leaders in the most recent communiqué. And in the specific situation of the Vietnamese ‘Blue Boats’, what the NTSA is seeking to do is making sure that we can share information.
“So those countries that have experiences with Blue Boats can share this through the system. Everything is recorded and if another party like the Solomon Islands, and this is the first time they have detected Blue Boats, the system will have those shared experiences to learn from. And others who will come across those experiences can also learn from those lessons because it is all documented in the one platform.
“Today we are talking about ‘data and information sharing’. But there’s also ways in which we can share how to investigate those particular vessels [Blue Boats]. Or identify the persons involved in those specific vessels.
“This is exactly what the NTSA is geared towards. That there also will be cooperation in how we investigate, how we enforce, how we do our follow-up action, all of that can help in any situation that involves IUU fishing.
“In the future there will be other types of vessels, but this history and the learning that we gain from sharing these Blue Boat experiences is something that we want those coming after us to benefit from.”
However, the system will only be as strong as its weakest link and that is the focus of Dr Manu and her team. To promote the case for members to sign up to the NTSA so the region is united and singing from the same hymn book.
So far nine Forum Fisheries members have ratified the Agreement. Australia has indicated it will ratify in July at the start of its new fiscal year. New Zealand likewise have made noises about ratifying at the end of the year. If such commitment by Australia and New Zealand comes to bear, FFA officials are quietly confident it will catalyze the remaining Pacific nations to ratify and become Party to the NTSA.
“At the national level, provided they coordinate successfully, they will able, in the first instance to populate the system because it requires even at that stage an inter-agency effort.
“For example, fisheries won’t know the baseline cost for operating a patrol boat but that’s one of the criteria to be filled out as part of the information to come into the system. It’s maritime that has that information, so unless maritime provides that then they have an incomplete notification. That is why it really requires that collaborative effort at national level.
“Equally important at the regional level, the Secretariat must also fulfill its commitments because all elements must be working and fully understood by our members,” said Dr Manu.
“That is why we are looking forward to the training next month to do more scenario runs with our Parties. Because the more we work with the system as a Secretariat in close consultation with our Parties, the more we can refine the system to make it user friendly and as effective as it is intended to be.”–Published first in: Pacific Guardians