The US, the EU and IUU – Part 2

Nobody can tackle IUU fishing alone: Will opportunities for global leadership be grasped?

Vessel suspected of IUU fishing awaiting auction in South Africa. Credit: Muscat Daily

Vessel suspected of IUU fishing awaiting auction in South Africa. Credit: Muscat Daily

Those who doubted the potential of the European Union’s Council Regulation 1005/2008 (the IUU Regulation) to change the laissez-faire culture that has been prevalent for too long in respect of illegal, unreported and unregulated (IUU) fishing activities inside and outside EU borders have had plenty of food for thought over the past four and a half years. In the time since the IUU Regulation came into force, the yellow card warning system, followed up on occasion by a trade-suspending red card, have seen a significant change in the administrative practices of a number of fish producing countries. Most importantly, the IUU Regulation has placed IUU fishing high in the agendas of nations that had previously not been predisposed to delve into the issue.

True, the regime is not perfect and there is yet much work to do to make a true dent in the global IUU trade. IUU fishing practices continue to cause vast losses to the worldwide economy (Eur. 10 Bn, according to the European Directorate for Maritime Affairs and Fisheries – DG Mare- which is equivalent to 19% of the reported value of catches worldwide). In addition, the destructive and insidious nature of IUU operations cause important harm not only to fish stocks and the marine environment, but also undermines every seafood producing fleet that plays by the rules. The ungovernable nature of covert IUU activities means that administrations that are keen to ensure sustainable exploitation have their work systematically undermined by the covert, dishonest nature of unreported captures.

Millions of people depend on seafood for nutrition as well as work and income, not just in producing countries, but also through the processing, importation and distribution and retail of seafood products. Further, many of those involved in fisheries have close, even ancestral, cultural ties to the activity. In many regions of the world (including of course the EU) domestic fishery production cannot match internal demand, and imports from third countries have become a necessity.

What this means, of course, is that the conservation and sustainable management of fishery resources is a collective, thoroughly intertwined effort of many actors and of very diverse nationalities. Nobody can tackle IUU fishing alone, irrespective of how much they may want to.

Yet, not everyone wants to. Routine commercial narratives evidence attitudes where business as usual, and turning a blind eye to stock erosion and illegality creep, are rife. A good illustration of such attitudes was a recent comment made to the Thai press by the head from a national fishery association, asserting his view that the yellow card presented to Thailand over IUU fishing by the EU must have more to do with protectionism and political intervention rather than with the relevance of Thailand’s mismanagement of the considerable presence of IUU activity in their production chains (not to mention the serious mistreatment of people, including their trafficking and abuse, marring the Thai seafood industry). If a comment ever represented a lack of consciousness as well as conscience, then this is it.

The interviewee’s suggestion that Thailand should seek to export to the Middle East, rather than put in an effort to clean up its act is sadly representative of a type of viewpoint that prioritises short-term, entrenched approaches that are not only ultimately doomed to failure, but which also represent a real risk for all administrations working toward long term, rational and fair approaches to seafood production and trade.

It is clear that a sustained collective effort is needed in order to address and change such attitudes and get to the root of IUU activity. With this in mind, the Presidential Task Force on Combating IUU Fishing and Seafood Fraud has recently presented its Action Plan for Implementing the Task Force Recommendations has caused some degree of concern at House of Ocean. Whilst much of what is contained here is ambitious and commendable, it is striking that no mention is made anywhere in the report with regard to trade measure compatibility with existing programmes and regimes. In particular, coordination with the EU is only mentioned in the context of the Transatlantic Trade and Investment Partnership (T-TIP) agreement, the negotiations of which are still ongoing. No mention is made anywhere in the Action Plan of the specific measures adopted by the EU to combat IUU fishing to date, nor those adopted by Regional Fishery Management Organisations since the onset of the 21st Century. Perhaps the Task Force is reluctant to admit that the US has lagged behind in the development of IUU-specific trade measures?

However, it now has a golden opportunity to seek convergence with existing regimes, to make a substantial contribution to their improvement and expansion, and to become a formidable co-architect and a leading engineer in the fight against IUU operations. To sacrifice such an important global role for the sake of less cooperative solutions may only serve to perpetuate the tragedy of our ocean.

Sources

http://ec.europa.eu/fisheries/documentation/publications/2015-04-tackling-iuu-fishing_en.pdf

http://www.nmfs.noaa.gov/ia/iuu/noaa_taskforce_report_final.pdf

http://www.nationmultimedia.com/national/EUs-motive-behind-yellow-card-queried-30259466.html

 

 

The US, the EU, and IUU

On 17th June 2014, the White House released a Presidential Memorandum in which some initial measures to combat illegal and unregulated fishing were established. A task force which included representatives from Environment, Commerce, Department of State, Interior, Justice and Defence was integrated with the aim of advising the White House on the design of a comprehensive framework to counteract IUU fishing.

The task force has now passed its recommendations, and opinions are being sought on their implementation from a wide range of stakeholders.

Imports from Sri Lanka have been banned by the EU (photo credit: The Grocer)

Imports from Sri Lanka have been banned by the EU (photo credit: The Grocer)

Amongst other things, the US is seeking to develop in cooperation with RFMOs and other governments catch traceability systems that are compatible with those already established regionally.

The US should do well to look across the Atlantic to the EU’s catch certification system implemented under Council Regulation 1005/2008 (The IUU Regulation). The certification system is already widely used by a large number of exporting nations and has been designed with RFMO and WTO compatibility in mind.

Amongst its strengths is the scheme’s ability to engage exporting flag States in the catch certification process, hence affording a high degree of definition to the general international obligation to cooperate in an objective and transparent manner. Further, by endorsing the catch certificate at point of capture, exporting flag States are, in a single act, publicly assuming their international responsibilities of vessel control, effectively declaring to any purchaser the legality of the catch.

The consequences of illegality being subsequently demonstrated have already been shown, as a number of exporting flag States have been yellow-carded since the scheme came to life in January 2010. Others who had systematically endorsed the legality of IUU products have already seen the large, lucrative European markets close their doors to them, in essence being made to assume to cost of illegal fishing by their fleets. Belize, Guinea, Cambodia and Sri Lanka have all been at the receiving end of this treatment, with Belize being so far the only one re-admitted to trading upon making legislative improvements.

In fact, the toothmarks of the IUU Regulation are already visible: The Republic of Korea is tightening controls over its mighty distant water fleet, and Ghana and Philippines have publicly highlighted multiple initiatives to combat IUU fishing since they were notified of a yellow card by the Commission. Even Thailand, who has not been formally warned yet, is reportedly hurrying to improve fisheries controls. Fiji, Panama, Togo and Vanuatu have also addressed structural regulatory deficiencies in vessel control, whilst other countries still under warning (Curacao, St Vincent & Grenadines, Tuvalu, St Kitts & Nevis, and Solomon Islands) are said to be working through their respective regimes.

With the US now looking outward to implement its own trade and traceability system, there is a unique opportunity to strengthen and unify market mechanisms to filter out illegal produce and reward those who are able to demonstrate the legality of their catch.

There is also a unique chance to contributing to strengthen the capability and resilience of the EU catch certificate by making a push towards a joint move from paper to electronic certification – something that would make the traceability element of the certification more reliable and the system in general less susceptible to tampering.

Lastly, electronic schemes capable of coordination should also be capable of integrating two fundamental elements for effectiveness: the ability to trace imports by species, quantity, capture location and nationality, and the ability to marry import data with exporting vessel identity and its VMS readings.

Because, ultimately, only knowing and sharing the truth about capture data will arm regulators with the right tools to defeat IUU fishing.

Sources:

http://ec.europa.eu/fisheries/cfp/illegal_fishing/info/index_en.htm

http://www.state.gov/r/pa/prs/ps/2014/12/235173.htm

http://www.undercurrentnews.com/2015/01/26/thailand-reportedly-scrambles-to-fight-iuu-as-eu-yellow-card-looms/