In view of the global evaluation of the Sustainable Fisheries Partnership Agreements (SFPAs) that will be carried out by the Commission in 2021, the author highlights the key points which will need to be assessed from the perspective of the impacts on African coastal communities. The author also suggests essential improvements to be made for the future of SFPAs so that they better respond to the needs of these communities.
This concept note is part of CFFA's long-term reflection and consultation on the future of the European Union's Sustainable Fisheries Partnership Agreements (SFPAs). We develop some avenues for making SFPAs more effective and sustainable, through a holistic and concerted approach, a financial rebalancing and the implementation of rigorous budgetary tools combined with capacity building.
The latest ODI report presents the scale of the Chinese flagged, owned and/or operated DWF fleet and highlights the gaps and challenges in China’s governance capacity, but the methodology and the figures need to be taken with a pinch of salt. Using specific examples, CFFA reviews the key findings and implications for the West Africa region.
CFFA and six other European and African organisations and their networks publish a joint paper with recommendations to improve the sustainability of EU-African fishing arrangements, including transparency, compliance with European obligations, increased scientific knowledge and the rethinking of the financial support objectives.
This policy brief by Michel Morin analyses the paradox between the rights that African coastal States have over their EEZs according to UNCLOS and the low benefit they derive from them for their populations, particularly for food security and employment. The article shows that there is a structural weakness in the market of fishing rights which is explained by corruption and lack of transparency, and it concludes by the need for a change of governance in the management of African fisheries.
The Government of Madagascar has made it clear that it expects to derive greater benefits from its tuna resources through higher financial compensation. If this compensation is coupled with well-directed sectoral support for local fisheries, this could help develop Madagascar's small-scale fishing sector, which provides thousands of jobs and is essential for food security.
A significant proportion of EU funds used for Sustainable Fisheries Partnership Agreements is earmarked for sectoral support - helping to develop sustainable fisheries in partner countries. However, analysis on the effectiveness of this sectoral support suggest considerable improvements are needed. Here we review the problems and offer our ideas on how the EU can make things better.
On March 22d, the European Parliament Fisheries Committee discussed the new EU-Mauritania fishing agreement protocol. Most parliamentarians, like the rapporteur, Mr Mato, see positively the protocol proposed. However, the issue of the absence of a regional framework for the sustainable management of small pelagics was raised by Mrs Rodust, who insisted the EU should promote such regional management.
CFFA fully shares this point of view. With regard to access to small pelagic through the Mauritania – EU SFPA, our greatest concern in terms of sustainability remains the fact that access is allocated to foreign fleets, including those of the EU and Russia, in the absence of a necessary regional management framework for these species, shared between, mainly, Morocco, Mauritania and Senegal. How is it possible to determine a surplus in the absence of such regional management?
The SRFC Convention on the Minimum Access Conditions (CMA), ratified by SRFC Member States, including Mauritania, call for a concerted management of small pelagic species in the region, and this call has been also made by local fishing communities, given the strategic importance of these resources for the food security of the entire region. This is a matter of urgency, given the state of full exploitation, or even over-exploitation of the round sardinella.
We therefore request the EU to make all possible efforts to promote such regional management, including through its SFPA dialogue with the concerned countries: Mauritania, Morocco, Senegal.
CFFA has additional comments about the EU-Mauritania new proposed protocol, concerning :
Mauritania commitment to Transparency
The Article 1 of the new Protocol stipulates that Mauritania undertakes to make public any public or private agreement allowing access to its EEZ by foreign vessels. This is an important positive step, which is rightly reflected by the rapporteur, Mr Mato. We hope that Mauritania will soon publish all these agreements, as it is for us a fundamental part of the implementation of the agreement, which will be examined at the occasion the first SFPA Joint Committee meeting, which will meet probably in May 2016.
Access to resources: by-catches of octopus and small pelagics
The state of the octopus resources in Mauritania remains a concern. The 2015-2019 Mauritania fisheries sector development strategy document insists on the fact that 'despite a recovery observed recently, the state of octopus stock is still a concern with overexploitation levels estimated to be at 17%’. In this context, it is to be welcome that there is no direct access for European fleets to this overexploited resource, which is key for the local artisanal sector.
However, if there is no access to the octopus as a target species through the SFPA, octopus remains one of species caught as bycatch: European shrimp trawlers may retain on board 8% of catches of cephalopods, composed mainly of octopus.
The rapporteur also underlines that Mauritania had undertaken to consider, during the first Joint Committee meeting, the possible allocation of new fishing opportunities for demersal freezer trawlers, which would then also include by-catches of octopus.
We feel that the impact of octopus by catches combined volumes on the state of the stock must be taken into account, and no further access should be given that would have a detrimental impact on the state of non-targeted resources, particularly the over exploited octopus.
The problem of bycatch is also present in the small pelagic fishery. For pelagic super trawlers, the joint Scientific Committee in 2013 made the hypothesis that there was possible under-reporting of by-catches, 'taking into account the practice of pelagic trawling which in general has a high bycatch rate with an important diversity of species caught as by-catch (over 100 species)'. The recent Maritime Atlas of vulnerable sea areas in Mauritania, published by the Mauritanian Institute of oceanographic research and fisheries (IMROP) states that, for the small pelagic fishery, 'while catches of the target species are well-regulated, the bycatch is a major problem’.
Efforts of selectivity are therefore needed to reduce by-catch of pelagic super trawlers, including by introducing, through the implementation of the 2015-2019 SFPA, the use of selectivity devices.
Sectoral support
During the last protocols, the sectoral support substantially decreased, from 16 million euros per year (2008-2012) to 3 million per year (2012-2014). It will be 4 million euros per year in the new protocol 2015-2019. So far, the use of sectoral support is very unsatisfactory for both parties: the funds were mainly used to cover running costs, rather than infrastructure, essential for the development of the sector. The question of transparency regarding the use of this sectoral support was also raised many times in the past.
To address these deficiencies, it is expected in the new protocol that sectoral support will be handled by an ‘execution cell’ that will coordinate the implementation with the beneficiaries of the selected projects. A report at the end of project will be published, which will consider the impact on resources, employment, investments. An annual workshop with beneficiaries will be held to present progress.
The rapid implementation of this transparent and participative approach should be encouraged, to improve the use of sectoral support funds to the benefits of Mauritanian sustainable fisheries development.
The conclusions drawn by the Court’s report need to be deepened and broadened, since they are based only on four agreements and mostly reflect the concerns of the EU ship owners. Little consideration is given by the Court to civil society and third countries fishing communities’ interests and needs.
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
00152301Private2135214.0Normal0falsefalsefalseEN-USJAX-NONE/* Style Definitions */table.MsoNormalTable{mso-style-name:"Table Normal";mso-tstyle-rowband-size:0;mso-tstyle-colband-size:0;mso-style-noshow:yes;mso-style-priority:99;mso-style-parent:"";mso-padding-alt:0cm 5.4pt 0cm 5.4pt;mso-para-margin:0cm;mso-para-margin-bottom:.0001pt;mso-pagination:widow-orphan;font-size:12.0pt;font-family:Cambria;mso-ascii-font-family:Cambria;mso-ascii-theme-font:minor-latin;mso-hansi-font-family:Cambria;mso-hansi-theme-font:minor-latin;mso-ansi-language:EN-US;}In December 2014 the World Bank released a new report on fisheries access arrangements. It is intended to provide new thinking on how access agreements can be improved for the benefit of developing countries. Here CFFA provides a review, highlighting a number of questionable assumptions and policy advice contained in the study.
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.
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
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 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.
