The Convention on the Minimum Conditions for Access: a tool for collaborative fisheries management in West Africa

Interview with Mrs Dienaba Beye Traoré, Head of Department for Harmonization of Policies and Legislations of the West Africa Sub-Regional Fisheries Commission (SRCF)

Is the management of shared stocks, especially small pelagic species, an important issue for the SRFC?

The SRFC is an inter-governmental organization comprising seven Member States: Cabo Verde, the Gambia, Guinea, Guinea Bissau, Mauritania, Senegal and Sierra Leone, and three associated States: Morocco, Liberia and Ghana. The annual fish production in the area covered by the SRFC exceeds 1.7 million tons of fish, worth an estimated 1.5 billion US dollars per year. Almost 77% of these landings are composed of small pelagics, which are not only the cornerstone of fish trade in West Africa, - it is estimated that one million tons are marketed in the region per year - but also represent, on average, 26% of the animal protein intake of the region populations. These stocks are strategic for the region, and the SRFC promotes their sustainable management.

This aspect was also addressed by the International Tribunal of the Law of the Sea (ITLOS) answers to SRFC questions concerning the responsibilities of States in the fight against IUU fishing and in the sustainable management of shared stocks...

The ITLOS opinion reaffirms that the Coastal State has the primary responsibility to combat IUU fishing in its EEZ. It is up to the coastal State to take the necessary measures to prevent, deter and eliminate IUU fishing, including boarding, inspection, seizure and judicial proceeding. It is also up to the coastal State to report to the flag State when its control over one of its vessels has not been exercised appropriately.

Regarding shared stocks, the ITLOS opinion also reaffirms that the SRFC Member States have the obligation to cooperate in order to take appropriate conservation and management measures to avoid that the shared resources are jeopardised by overexploitation.

It should be noted that the SRFC States are bound by the Convention on the Minimum Access Conditions[1] (CMAC). The CMAC stipulates (Article 9 paragraph 2) that ' Member States shall give priority to the establishment of concerted fisheries management plans for shared stocks'. Through this Convention, the SRFC Member States undertake also to ensure that conservation and management measures are based on the most reliable scientific data available, and, if such data are insufficient, to apply the precautionary principle. These principles also apply to the negotiation and signing of fisheries agreements.

What is the main problem encountered regarding fisheries agreements signed by the region’s countries?

I would say the lack of consultation amongst member States in the negotiations of the fisheries agreements. Each State prefers its sovereignty on the national maritime space, at the expense of dialogue with its neighbours.

Then, if we look at article 3 of the SRFC Convention on the Minimum Access Conditions, it states that the access of foreign fleets should be allowed only after consultation with the research institutions of the State concerned. However, these research centers, which are supposed to convince States about the need to cooperate, are not well equipped in terms of infrastructure: lack or insufficiency of research vessels, no or few laboratories, as well as very difficult working conditions for researchers...

The Convention also states that embarking observers and local crew is mandatory for vessels fishing shared stocks. But again, States face difficulties for the embarking of these two categories of professionals because vessels do not come to port in each country. The CMAC accordingly favors the negotiation of grouped agreements, which could help avoid this problem by putting on board an observer and sailors with a regional status. A revision of the CMAC is envisaged to provide for the possibility to negotiate and sign such grouped fisheries agreements.

CMAC promotes the harmonisation of management measures in SRFC Member States. What is SRFC’s work in this context?

In the SRFC region, national legislations must be harmonised with the CMAC on a series of elements, including mandatory embarkment of observers and crew from the region, management measures, including for artisanal fisheries (characterization, fishing authorisation and registration of pirogues requirements), etc. This is important also in relation to the implementation of the Port State measures for combating IUU fishing: there is a need to harmonise the classification of offences in the Member States, in drawing up the list of serious offences. Currently, the SRFC is conducting studies to compare SRFC members’ national legislations to the CCMA. In addition, two draft protocols are being prepared, one on the protection of the artisanal fishing communities and one on Marine Protected Areas.

[1] http://spcsrp.org/medias/csrp/publications/csrp_CMA_version_originale_juin_2012_english.pdf

SFPAs: the need to harmonise the 'exclusivity clause' scope and interpretation

The new Basic Regulation of the EU Common Fisheries Policy (CFP) integrates for the first time specific provisions for the CFP external dimension, including an exclusivity clause as a central element of the Sustainable Fisheries Partnership Agreements. The exclusivity clause means that EU fishing vessels can only operate in the framework of the fishing agreement.

End of 2014, the Court of Justice of the European Union (CJEU), issued a ruling on the application of the exclusivity clause in the case of Swedish fishing vessels chartered by Moroccan companies, while there was an agreement between EU and Morocco (containing an exclusivity clause) but no protocol in force. In its ruling, the CJEU extends the application of the clause to chartered fishing vessels, - a strict interpretation of the exclusivity clause.

However, other cases show that the scope and the implementation of the exclusivity clause in SFPAs remain irregular, differing often from an agreement to another.

The new CFFA paper reflects on the need to harmonize the exclusivity clause scope and implementation. It also extends the debate on other forms of EU fishing activities outside the scope of SFPAs, such as reflagging and joint ventures, which are not yet properly regulated by the EU. 

Senegal Faces Russian Pressures For Access To Fish: Vigilance Is Required

Since 2010, Senegal is under pressure from Russian pelagic trawlers to access Senegal small pelagic fish. These trawlers are allowed to fish in the Morocco, Mauritania and Guinea Bissau but not in Senegal’s EEZ.

Confronted with the reluctance of the Senegalese authorities to negotiate a fisheries agreement with the Russian Federation, Russian shipowners have found the alternative: use a local co-signatory, and sign private protocols with the Ministry granting them fishing rights.

These protocols between Senegal and foreign private companies do not conform to the legislation in force in Senegal, which States that foreign flagged fishing vessels are allowed to operate in the waters under Senegalese jurisdiction either under a fisheries agreement linking Senegal to the flag State, or the organization that represents this State, or when they are chartered by people of Senegalese nationality.

In other words, the law does not authorize the signature of protocols between Senegal and private companies, as was done with Russian trawlers. In addition, none of these protocols has been ratified by the National Assembly and promulgated by the President of the Republic, let alone published in the Official Journal of the Republic of Senegal.

Illegally, the Minister of Maritime economy in function in 2010 therefore granted abusive benefits to Russian pelagic trawlers, including: the non-obligation to embark Senegalese crew, the non-payment of fees dues in respect of the fishing licenses allocated. The shortfall for the State in this regard, for 29 trawlers involved, was almost 9 million CFA francs on basis of annual licenses.

In addition, at a time when the fight against IUU fishing is a priority for many, some of these vessels arrested for fishing in a prohibited area or for having disguised their markings in order not to be identifiable, saw their fines cancelled by the Minister, although the infractions they committed were most serious.

That was the situation prevailing when the new president of the Republic, Mr Macky Sall, was elected, on 25 March 2012. In line with a commitment made during his electoral campaign, he cancelled all licenses issued on an illegal basis to foreign pelagic trawlers.

But the new Minister in charge of fisheries himself never expressed the wish to put an end to the activities of Russian trawlers in Senegalese waters. Already, end April 2012, he stated that fishing authorisations would continue to be given but taking into account the resources and the interests of the State: ' with experts, we will study the number of fishing authorisations to be granted’.

The issue also invited itself at the Council of Ministers’ table in December 2012, during which the President of the Republic 'decided to extend the biological rest for our maritime spaces, by freezing the granting of fishing licenses to foreign vessels, for a period of at least one year’.

In June 2013, at the end of an inter-Ministerial Council on fisheries, the following recommendation was adopted: ‘To maintain the discontinuation of licensing pelagic trawlers until an evaluation of this operation is conducted. In particular, this assessment should identify the impacts of these operations on the biological state of resources and on the budget, as well as on the social climate in the fisheries sector'.

The question arises: is an illegal operation something ‘to assess’ in this way?

Currently, the small pelagic fishing season is beginning. To lift the obstacles for obtaining licenses, the representative of the Federal Russian Agency for Fisheries in Senegal, recalled on a local television program that Russia ‘was waiting for the results of the evaluation announced at the occasion of the Inter-ministerial Council on Fisheries held in June 2013'.

Another question arises: for shared resources like small pelagic, what is the pertinence of an evaluation made on Senegal alone, when scientific assessments concerning the entire stocks of these shared resources are available through the FAO/CECAF working group, which since more than 12 years is following the development of the small pelagic resources at the regional level?

We must remain vigilant and hope that the new Minister appointed last September will take into account the recommendations of this FAO/CECAF working group, composed of the most eminent fisheries biologists from the coastal countries and the countries that fish along the northwest coast of Africa. This working group is constantly reminding, over the last years, that coastal pelagic resources are overexploited and recommends that fishing effort should be reduced by at least 50%.

There is no 'surplus', which can be given and the Russians must be gently but firmly invited to go fish elsewhere.

Dr. Sogui DIOUF

Veterinary

soguidiouf@gmail.com

CSOs comment on access conditions for EU fleets fishing outside FPAs

One issue CFFA and other NGOs insisted on in the context of the reform of the Common Fisheries Policy, was the need for the EU to ensure all its external fleets respect similar sustainability conditions, including those fishing outside FPAs and RFMOs. Such concern was taken into account in the reformed basic regulation, and the process is now advancing a step further with the revision of the Fishing Authorisations regulation (FAR). Prior to the publication of its review proposal, the EC has organised a consultation, for which Civil Society organisations active in the Long Distance Regional Advisory Committee (LDRAC) have sent joint preliminary comments 

 8 organisations, including NGOs (Bread For the World, CFFA, Danish Living Seas, Oceana, Seas At Risk, SSNC, WWF) and the trade union ETF insisted that the FAR should ensure that key sustainability rules agreed in the reformed CFP, - in particular the restoration of marine biological resources-, and those specified in binding international agreements, are implemented for all EU flagged vessels fishing outside EU waters. These organisations then make comments and proposals to address, in the FAR review process, the following specific issues: 

• Abusive reflagging:

• The lack of transparency in private arrangements:

• The need to ensure that social legislation is properly applied:

• The need to monitor private arrangements

• Coherence and compliance with Control Regulation, IUU Regulation and Regulation on countries allowing unsustainable fishing

Read the full preliminary comments by the NGOs of the Fishing Authorizations Regulation

The European Parliament ambitious for the future EU fisheries relations with third countries

 The European parliament voted on February 6th 2013 on its report concerning the future CFP legislation (the ‘basic regulation’). The final report was supported by an important majority of parliamentarians (502 in favor; 137 against – a qualified majority is 377). This means that the Parliament is in a relatively strong position to now go and discuss with the Council and EC to get a final agreement about what the future fisheries policy will look like.

In a briefing note, CFFA highlights the elements of the report that will affect the future EU fisheries relations with third countries, whether they are related to future Sustainable Fishing Agreements (SFAs), fishing operations taking place under RFOs or outside the framework of SFAs and RFOs. Important progress are also registered in terms of good governance, transparency in particular.

Protocol to the EU-Mauritania FPA: CFFA requests that the Parliament supports the text

Together with Mauritanian partners from the civil society and fishing communities, CFFA is mainly concerned about the environmental sustainability, the support to local fishing communities and the governance aspects of the FPA protocol proposed.

Based on the analysis of the protocol by partners during a round table discussion held in Nouakchott last October, CFFA feels the protocol that has been negotiated should be supported by the Parliament, as it largely answers many of those concerns:

• The principle of access to surplus is respected, particularly for the octopus, which is a strategic resource for Mauritanian artisanal fishermen; 

• The new zoning, pushing the trawlers away from the coast, will better protect ecosystems and local fishing activities; 

• The obligation to land the catches locally will give a boost to onshore activities, and related job creation 

• The new basis for calculation of access will ensure there is a better idea about what is caught 

• The possibilities for opening up the attendance of the Joint committee to stakeholders representatives will help improve transparency and participation

Some EU vessels have started fishing under the new proposed protocol, but most European fleets involved in Mauritania do not agree with the technical conditions and/or the financial conditions provided by the protocol, and are proposing to reject the agreeement, a position that is followed by the EP rapporteur in its proposed report http://www.europarl.europa.eu/meetd...

CFFA feels there is sufficient scope in the terms of the protocol, – in particular provisions for the Joint Committee and its mandate-, to accomodate EU sector’s concerns, provided those concerns are in line with sustainable fisheries, local development needs and good governance.

The representative of the Mauritanian artisanal fishermen, Mr Sid’ahmed Abeid, will give his views at the hearing next Monday. The debate can be followed live, between 3 PM and 5 PM, on http://www.europarl.europa.eu/commi... (click on ‘Today’s broadcasts’)

What was the sectoral support to Mauritania used for : the EU Commission publishes its report

Following the round table of Nouakchott last October, and in response to the questions of numerous participants on the lack of transparency regarding the use of the funds from the fisheries agreement, the EU delegation in Mauritania published a note on what had been done with the sectoral support funds between 2008 and 2012. The document establishes a non-exhaustive list of projects that have been realized or that are in course. However, some questions remain on some projects, such as the delay in the delivery of a new patrol boat (5 million euro) paid by the EU Commission. The 2008-2012 Protocol to the EU/Mauritania FPA foresees 65 M€ of sectoral support which the State committed to invest in the development of the fishery sector. The EU allocated on an annual basis the financial compensation, a part of which was saved by the budget authorities for key institutions of the Ministry of Fisheries, in order to conduct their missions (surveillance, research, sanitary, education) and implement plans of action in the form of projects. Regarding the global envelop, the EU has dedicated 1M€ per year to support the National Parc of Banc d’Arguin, one of the main marine protected coastal areas in West Africa. The DSPCM was the main beneficiary institution of sectoral support which financed 100% of its investment budget and part of its operating budget and the State also granted funds to IMROP (scientific research).

Sectoral support allowed financing numerous average size facilities, whereas large projects – main issue of the State’s fisheries national strategy for 2008-2012 and therefore of the EU sectoral support – are still at the stage of execution or implementation.

Sectoral support also allowed to help the setting up of the National office for sanitary inspection of fisheries and aquaculture (ONISPA) by financing its entire investment budget, focused on 2 main activity axis (support to sanitary inspection and support to the accreditation of laboratories to ISO 17025 standard).

Supports in terms of maritime education and employment were fulfilled, as well as supports dedicated to small scale fisheries. Moreover, some protection measures for the marine environment were taken. Institutional capacities of the Ministry of fisheries were also reinforced. At last, the document draws programs set up after the 31/07/2012.

Mauritanian fishing sector supports key elements of the FPA with the EU

Officially reacting to the proposal for a Fisheries Partnership Agreement with the EU, the Mauritanian fishing sector from Nouadhibou (one of the two main fishing centres in Mauritania) expressed its support for the following elements of the proposal, which ‘answer the hopes and essential concerns’ of the Mauritanian fishing sector and ‘make a definite break with past practices’:

•  The ban of foreign fishing on octopus;

•  The payments to be made according to quantities of fish caught;

•  New zoning to be put in place and the use of fishing techniques in line with responsible fisheries

•  The increase of the proportion of nationals to be embarked on board EU vessels

Pêchecops and CFFA want a sustainable fisheries partnership between EU and Mauritania

On June 8, Pêchecops (NGO Mauritania) and CFFA sent a letter to the EC Fisheries Commissioner, Maria Damanaki, insisting on the fact that ’the promotion of sustainable fisheries in the relations between Mauritania and the EU, - including the protection and development of artisanal and coastal fisheries-, will be best achieved by the conclusion of a partnership agreement based on good governance and transparency.

Pêchecops and CFFA ask for a serie of conditions to be met, including:

• European fleets access must be strictly limited to stocks for which the existence of a surplus of resources non-exploitable by local fleets is demonstrated. Within these limits, access shall be limited to European operators who use selective fishing techniques (prohibition of tickler chains, Nordmøre grid on trawlers, etc.), obey the rules and regulations, and land their catches in Mauritania. Through an adequate zoning, industrial vessels should be excluded from the artisanal fishing zones and from other sensitive areas (coral areas, etc). To protect marine ecosystems and populations depending on them, it is important that these measures apply in a non discriminatory manner to all industrial vessels, local and foreign (including European and Chinese); 

• Conditions of full transparency concerning all authorized fleets operations should be established: regularly updated lists of authorised vessels should be made accessible to the public via the internet; 

• It is essential that the EU supports a joint framework where Mauritanian and European non-governmental actors can dialogue, allowing them to develop a common vision of the sustainable development of fisheries in Mauritania;

Pêchecops and CFFA also request for a commonly agreed investments policy to be part of the partnership, in order to finance:

• The implementation of fisheries management plans;

• Superstructures and infrastructures for landing catches;

• The development of sustainable small-scale and coastal fishing given its comparative advantages for delivering sustainable fisheries and;

• The training of young people and women to acquire fishing and processing skills.

CFFA recommendations for future FPA ex-ante ex-post evaluations

CFFA has published a paper proposing recommendations for improving the process of future FPAs evaluations.

It was sent it to the EC, with a letter asking for: 

• All evaluation reports to be made systematically public (rather than made available on request); 

• In order to improve public participation in the decision making process, evaluations need to be reviewed and commented on by stakeholders from both parties before new agreements are concluded;

• Several issues should be given more consideration in the evaluations, including the impacts of the EU owned fleets activities fishing outside fishing agreements, the by-catch taken by European vessels (composition, value), the implementation of the social clause, etc.

Full paper on FPA evaluations.

Fisheries Agreements reform: The EU must act in a coherent manner for sustainable fisheries

In a document published at the occasion of the first exchange of views between European parliamentarians on the CFP external dimension reform, on 25 January 2012, CFFA demands the EU ’to address, in a clear and coherent manner, the complexity of EU-developing countries fisheries relations (access to resources, access to markets, investments, etc). The EU needs to develop a framework which will ensure that all the components of fisheries relations with developing countries contribute to sustainable fisheries.

To this end, the EU should develop Sustainable Fisheries Development Partnerships, which sole objective should be to create a favorable environment, in the third developing country concerned, for environmentally, socially and economically sustainable operations, in line with the objectives of the FAO Code of Conduct for Responsible fisheries.

In the particular case where EU flagged and EU owned vessels are fishing in developing countries waters, good governance agreements should be signed between the EU and the coastal country concerned. Such agreement will stipulate the conditions under which EU operators can undertake fishing activities in the third countries concerned, ensuring these activities are in line with the third countries initiatives and efforts undertaken through the sustainable fisheries partnerships.

Some specific issues are also addressed in the document:

1. The case of tuna

2. The need for EU investments in developing countries sustainable fisheries

3. Support to Small scale fisheries

4. Improving transparency and accountability

Impact analysis of the Poly Hondone Pelagic Fishery-Mauritania Convention

Presented as a model for promoting high value-added activities in order to take advantage of abundant, low market value pelagic resources, the investment program, included in the June 2011 Convention between the Chinese group POLY-HONDONE PELAGIC FISHERY and Mauritania, mainly targets demersal species, especially octopus, which goes against the sectoral policy, focused on the reduction of fishing effort through its development plan.

This Convention with a Chinese group, which has been implemented as the EU-Mauritania Fisheries Partnership Agreement negotiations were starting, only reinforces the skepticism of some as regards our fishing policy. According to them, the possible withdrawal of European cephalopod trawlers will be followed by the introduction of other foreign fishing vessels, with little regard for the sustainability of fisheries. This feeling is reinforced by recent decisions, such as to allow pair trawling, which do not seem to reflect the interest for sound management which led to the prohibition of tickler chains used by EU shrimp trawlers.

Read the analysis (in French only):

Analyse de la Convention par Pêchecops

EU-Mauritania FPA: contribution of the Mauritanian NGO "Mer Bleue"

The Mauritanian NGO "Mer Bleue" congratulated the European Parliament for its resolution of May 14th on the new fisheries agreement. We are convinced that this resolution will be a crucial step in achieving sustainable and equitable fisheries in Mauritania and in the subregion. By this contribution, they wish to echo the MEPs’ call for FPA negotiations between the UE and Mauritania to be preceded by a broader debate allowing the participation of citizens, Civil Society organizations and national parliamentarians, in order to ensure democracy and transparency in fish resources management.

CAOPA’s contribution to the first NEPAD/FAO consultation meeting

The first Stakeholder Consultation Meeting jointly organised by NEPAD (The New Partnership for Africa’s Development) and the FAO in support of the implementation of the FAO Strategy for Fisheries and Aquaculture in Africa will take place on 10-12 May 2011 in Midrand, South Africa. It will bring together participants from regional fisheries organisations, regional economic communities, donors as well as civil society. The three-day event will consist of a one-day plenary session and two days of consultation in working groups.

The aim is to strengthen and accelerate the fisheries and aquaculture sector in terms of their governance, management and adaptability to climate change. By doing this, the participants will address the rising importance of fisheries in meeting the MDG objectives; and the sector’s crucial role in economic development and poverty alleviation in Africa, in line with the CAADP targets.

The CAOPA (The African Confederation of Small-scale Fisheries Professional Organizations) will participate to the event, and has drafted a series of recommendations for African governments and for international, regional and national institutions. These include that:

• Access to resources should be conditional to sustainability criteria; 

• Priority should be given to local fleets, especially small-scale fisheries; 

• Fisheries agreements should be concluded on a scientific basis while respecting the precautionary approach; 

• Priority should be given to fishing for human consumption;

• Effective participation of local actors in co-management plans should be promoted by policy frameworks;

• Decision-makers should be engaged in an integrated coastal planning strategy; 

• Parties of fisheries agreements should reinforce their actions towards a real partnership in order to develop efficient management systems and to avoid overexploitation; 

• Value-adding activities should be promoted by structural actions in order to give SSF priority access to markets; 

• International fish trade should be fair and equitable; 

• Standards and regulations should be introduced in a way that allows producers to comply with them; 

• A permanent participation mechanism should be established in order to inform and involve small-scale fisheries professionals.

The CAOPA also stresses that small-scale fisheries professional organizations should be strengthened by:

• Setting up an appropriate deliberative process in order to confront ideas and interests and take coherent and legitimate decisions; 

• Defining ways to formally identify and integrate actors; 

• Establishing an appropriate information sharing system; 

• Building capacity by education and awareness raising; 

• Making fishing communities aware of climate change impacts and how to mitigate related risks.

Read the full contribution (in French):

Recommandations de la CAOPA

Who should have the right to fish?

"Who should have the right to fish?" A question from the Greens in the European Parliament", new GREENS-EFA leaflet on the CFP reform.

Transparency in FPAs

CFFA and its Kenyan partner, Transparent Sea, organized and facilitated a workshop in the European Parliament, on January 26th, on ’how to improve transparency in the future CFP external dimension’ (see article on the benefits and limits of transparency).

At this occasion, Gaoussou Gueye, Secretary of the African Confederation of Small-scale Fisheries Professional Organizations (CAOPA), raised the issue of transparency in the context of EU-ACP relations through two cases: the Fisheries Partnership Agreements and the implementation of EU financed support programmes to the fisheries sector.

More information:

La transparence dans la réforme de la dimension externe de la PCP

Policy Coherence for Development and Fisheries

The principle of coherence was introduced by the 1992 Maastricht Treaty. It introduced an obligation on the EC to consider the impact of all its policies (including fisheries) on the stated objectives of its development policy.

This notion has been mentionned several times during the parliamentary hearing on Fisheries Partnership Agreement, on November 17 in Brussels. We feel it is necessary to remind what is meant by policy coherence for development and how it is currently being applied in fisheries.

Read our briefing:

Policy Coherence for Development and Fisheries