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 

(click here to see the 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

For Mauritanian CSO, Joint scientific committee confirmed FPA protocol orientations

Acknowledging the results of the EU-Mauritania Fisheries Partnership Agreement Joint Scientific Committee meeting, held beginning of April, Mauritanian civil society organisations, as well as organisations supporting them,- including CFFA-, issued a joint communication in which they emphasize these results confirm that the changes introduced in the provisionnally adopted FPA protocol are in support of sustainable fisheries, in particular with regard to the octopus, small pelagics and coastal shrimps resources.

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 (click here for CFFA note), 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.

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 (click here for CFFA note), 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.

NGOs’ briefing on CFP reform to be discussed in plenary session in the Parliament on February the 5th

With regards to the plenary vote on the future CFP Basic regulation, which will take place on February the 5th, the consolidated version of the ‘Rodust report’, as adopted by the European Parliament Fisheries committee, made some amendments to the Commission’s proposition. NGOs concerned made a briefing ‘Overfishing: you can end it!’ regarding this report and the future vote, highlighting elements to support, strengthen and reject (see briefing in joint document). CFFA wishes to insist on elements regarding external dimension: MEPs should support: 
  The promotion of sustainable fisheries in external fisheries, as it is promoted in internal fisheries. 
  The discard ban, to be implemented in external fisheries by January 2017. The discard ban in these fisheries shouldn’t lead to massive dumping of fish by EU vessels in developing countries. Like it is the case for internal waters, the priority should be given to measures that help avoid unwanted catches in the first place. 
  The reference made to Aarhus Convention for accessing information as a very important element in terms of transparency + SFAs evaluations should be made public. 
  Also, measures to be taken, in the Common Market Organization regulation, so that internationally recognized social and environmental standards are applied to imports. 
  Improved measures related to SFAs such as an exclusivity clause to be introduced in SFAs, a human rights conditionality, the financial compensation to be used for development purpose, etc. 
  There are also several amendments supporting small scale fisheries which could be also promoted at the external level.

However, there are some issues needing further input in the basic regulation, which should be improved and then supported: 
  The need to take into account developing countries nutritional needs. Reference to article 62 (2) and 62 (3) – referring to art. 70 – of UNCLOS, which highlight this issue should be made (see:https://www.un.org/depts/los/conven...). 
  Regarding stakeholders participation, nothing is proposed concretely for the external dimension. A new amendment 167 bis, should be added, which would call for : Delegations from the European Parliament and the Advisory Councils shall be present when SFA are negotiated. 
  Several articles deal with the covering of activities outside the scope of SFAs and RFMOs. However, what is proposed is not sufficient enough. It should be insisted on the fact that those good intentions (that EU vessels fishing outside SFAs/RFMOs must follow the same sustainability principles) will have to be adequately reflected in the conditions made for fishing authorizations (regulation 1006/2008)

At last, one element should be rejected: 
  Providing fishing opportunities for a recreational sector that opposes to be regulated under CFP should not be an objective

See joint NGO position in joint document

EU/Morocco FPA: ongoing negotiations of a new protocol

The third round of negotiations on a new protocol of the Fisheries Agreement between EU and Morocco took place in Rabat on 15 and 16 January 2013. Following two rounds essentially dealing with the technical conditions that would apply to the EU fleet under the new protocol, the discussions dealt with financial aspects as well as with political issues. At this stage, the parties agreed to consider an increase of fishing opportunities, whereas technical conditions are being revised for certain fishing categories, with a view to optimise future fishing effort. Exchange of views has also taken place about the envisaged financial support of fishing sector in regard with programming, implementation and reporting conditions. The previous protocol had been signed in 2011 but rejected by the European Parliament.

Source: http://ec.europa.eu/information_soc...

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

CFFA share its view on the EU-Mauritania fisheries agreement protocol, prior to the hearing organised on January 21st in the European Parliament on this issue, in a note attached to this article.

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’)

See CFFA’s note in joint document

Senegal: results from the workshop on the national authorization for the export of fisheries products to the EU

The Association for the promotion of actors of small scale fisheries of Mbour (APRAPAM), in the framework of its mission, regularly organizes information, awareness and education sessions. On December the 18th 2012, in partnership with the Directorate of industries and processing of fisheries (DITP) and the network of journalists of Mbour for fisheries and environment (RJMPE), APRAPAM organized a workshop Senegal’s national authorization for the export of fisheries products in the EU.

Exports to EU market are subjected to an agreement. The agreement, obtained by Senegal in May 1996, 2nd West and Northern African country endowed with one after Morocco, is subjected to 3 years evaluations by the Food and Veterinary Office (FVO) of the EU (1999, 2004, 2007, 2010). The delivery of the export authorization to the EU is based on the principle of equivalence of inspection systems and of sanitary control of fisheries products. It relies on authority transfer in terms of certification and authorization delivered by the EU to the Senegalese competent authority (DITP), which allows local industrial units authorized by the Authority to export their certified production on European markets.

Senegal’s authorization is the result of an improvement process of hygiene and sanitary conditions of fisheries products aimed at human consumption, mainly in the small scale fisheries sub sector. Many elements helped to obtain this result (appropriate facilities, competent monitoring and control services, education of agents, regulation, etc.).

The goal of this meeting was to think over the conditions favoring the improvement of the conditions and means of sustainability of these laurels. Challenges relate to governance of the sector and sustainable management of the resource, fish trade globalization, traceability of products and IUU fishing.

Adopted recommendations highlight, for the Senegalese part, for example participatory surveillance, involvement of industrials in the whole control process and the automatic registration of pirogues and for the EU part, she should support more developing countries to invest in a proper manner in monitoring, control and surveillance mechanisms and traceability. She should also insist on developing countries on the necessity to share data on vessels authorized to fish in their waters. At last, fisheries local sector should be more involved in order to have a smoother implementation of the IUU regulation.

This local event brought together about sixty participants, public and private actors and civil society from Mbour, one of the fisheries production centers of Senegal. Adopted conclusions are applicable for all Senegal. What is interesting is that they integrated in matters linked to authorization, not only sanitary aspects (conservation means on board, etc.), monitoring control and surveillance means of fisheries (traceability, control operations, etc.) but also questions linked to IUU fishing ((registration of pirogues, illegal licenses, etc.)

For more information, see the following link (in French):http://www.aprapam.org/2012/12/15/j... And the full report of the meeting (in French) : http://www.aprapam.org/wp-content/u...

Attempt to reintroduce foreign pelagic trawlers in Senegalese waters - can the Council of Ministers authorise what is not legal?

Extracts from the contribution of Dr Sogui Diouf, Veterinary, published on the APRAPAM website

The allocation of fishing licenses to foreign pelagic trawlers made the news in the last weeks: Senegalese were surprised to read the 13 December Council of Ministers press release, which read: ‘The Minister of Fisheries and Maritime Affairs discussed the issue relating to the granting of fishing licenses to foreign vessels’. The decision of the President of Senegal was to ‘extend the biological rest, and to freeze the granting of fishing licenses to foreign owners for a period of at least one year’.

Things need to be clarified: a fishing license is the document that industrial fishing vessel must have to be allowed to carry out fishing activities, while the biological rest is a fisheries management measure whose objective is to reduce fishing pressure and which, combined with other measures, can contribute positively to recovery of overexploited resources and support the sustainable exploitation of fisheries resources. The foreign vessels referred to in this press release are the pelagic freezer trawlers flying the flag of Russia, Lithuania and flags of convenience. These boats, commonly called the "Russian vessels" were illegally authorized by the former Minister, between 2010 and 2012, to fish in Senegalese waters. The decision of the President means therefore that he wants the freezing of the licensing of these vessels for at least one year.

What does Senegalese Law say? The Senegalese law (98-32 of 14 April 1998) states in Article 16: ‘fishing vessels flying foreign flags are allowed to operate in waters under Senegalese jurisdiction, either under a fisheries agreement between Senegal and the flag State or organization that represents the flag state state, or when chartered by natural or legal persons of Senegalese nationality’. Decree 98-498, article 23 further states that: "chartering foreign fishing vessels by legal persons of Senegalese nationality may be allowed only in exceptional cases, by the Minister of Marine Fisheries, to face supply difficulties of local processing industries." Pelagic freezer trawlers are not part of the list of chartered boats that are allowed.

The argument of the former Minister for issuing illegal fishing licences to the Russian vessels was that ‘Some shared resources in the high seas, essentially sardines and mackerel, are insufficiently exploited by our national fleet (industrial and artisanal). The result is a loss for our country. Senegal has therefore sovereignly decided to exploit those resources for public benefit, like other countries in the subregion.

Such arguments don’t hold water: first of all, sovereignty cannot be exercised illegally. Currently, there is no law or regulation in force that allows such fishing operation to happen. It will remain so,unless the legislation was to be changed.

Secondly, the sustainability of such operations targetting small pelagics is questionable:

◦ The CECAF/FAO Working Group assessment of small pelagic off North-West Africa, composed of experts from 14 countries, concluded at its last session held in May 2011 in Casablanca, that "the sardinella stock is currently overfished and such overfishing presents a serious risk to the continuity of industrial but also artisanal fleets activities";

◦ A lack of fish estimated at 3 million tonnes could also occur at the level of our sub-region by 2015 if such resources were to diminish drastically because of over exploitation (source Mariama Barry, CRODT);

◦ The ‘Russian’ trawlers are factory vessels of 100 to 120 meters in length and with tonnage between 3142 and 7765 GRT. Catches are either frozen on board, processed for human consumption, or transformed into fish oil and fish meal. The pelagic trawl gear they use is devastating, as they pick up everything in their path, pelagic fish as well as groundfish;

Changing the law, or signing a fisheries agreement with the flag states involved are the two possibilities for licensing such vessels – neither should be considered, given the state of overfishing of our resources and the poor fishing practices of these trawlers. Senegal has, by contrast with other countries of the region like Mauritania and Morocco, with which they share the small pelagic resources, a very active artisanal fleet targetting these stocks, which is responsible for 85% of the landings in the country. 80% of animal protein consumed by the 13 million Senegalese comes from fish, with a consumption of 26 kg / person / year. It provides 17% of direct and indirect jobs: 54,000 artisanal fishermen using 18,000 canoes. Finally, it represents 12.7% of export earnings.

Questions ◦ Was it appropriate for the Ministry to submit to the Cabinet a proposal for the licensing of ‘Russian ships’, since the legislation does not allow it?

◦ Cancelling these licenses in April, to propose to issue new ones in December seems a bit messy – how does that stand with the good governance promoted by the government?

◦ If it was so important to licence these Russian ships, why not explore the legal possibilities that exist: a fisheries agreement or a amendment to the law, to be transmitted to the National Assembly for adoption?

Is not it time to finally close this painful episode which raises so much passion? One much more pressing issue is to find sustainable fishing possibilities for our fishermen from Saint Louis, as it is not safe to rely only on licenses provided by the fisheries agreement with Mauritania. Should this not concern us more than trying to licence Russian pelagic trawlers?

The full text is available in French, from the contribution of Dr Diouf ‘Tentative avortée de réintroduction de chalutiers pélagiques étrangers dans les eaux sénégalaises : le Conseil des Ministres peut-il autoriser ce que la Loi en vigueur ne permet pas’ on : http://www.aprapam.org/2012/12/20/t...

CAOPA-FENACOPECI’s meeting on the role of women in the contribution of small scale fisheries to food security and World Fisheries Day : CFFA’s report

On the occasion of the World Fisheries Day, held on the 21st of November 2012 in Abidjan, Côte d’Ivoire, the African Confederation of Small Scale Fisheries Professional organizations (CAOPA) and the National Federation of Fisheries Cooperatives in Ivory Coast (FENACOPECI) organized a meeting with experts and women representatives of the small scale fishery sector of 16 African countries on the following topic: “Improving the contribution of artisanal fisheries to food security: The role of women”.

This workshop was organized from the 18th until the 21st of November 2012 in Grand-Bassam, Ivory Coast, with the support and collaboration of CFFA, Swedish Society for Nature Conservation (SSNC), Pain pour le Monde, International Collective in Support of Fishworkers (ISCF) and Journalists network for sustainable fisheries in West Africa (REJOPRAO)

During these three days, participants made some field visits (aquaculture site and landing/processing site) and proceeded to debates and exchanges which allowed to elaborate recommendations to include in the Voluntary guidelines for sustainable small scale fisheries, in the framework of the consultation process, directed by FAO. The Abidjan Declaration, which was read on the World Fisheries Day was also written on the basis on the work from the working groups.

On November the 22nd, a meeting was organized by ICSF in order to improve the work on FAO voluntary guidelines.

See the full report and the Abidjan Declaration.

The European Parliament echoes the concerns regarding the lack of transparency in the EU-Mauritius FPA and protocol : the EU Delegation in Mauritius gives some answers

A new FPA and its protocol were signed between EU and Mauritius in February 2012. The final ratification has not occurred yet but criticisms are rising regarding this agreement. A number of organizations linked to the fishery sector in Mauritius expressed their worries on the way the negociations of the FPA and the protocol were conducted. They condemn in particular the lack of transparency and lack of public consultations of stakeholders, which would be in contradiction with the Aarhus convention. The EU delegation in Mauritius issued a press release which answers partially to these concerns. It is said that the fishworkers’ trade union was indeed consulted as all the stakeholders to the agreement. Others meeting were also organized with the Delegation and fishworkers organizations, as well as a meeting in may 2012. It is reminded that the FPA is a commercial agreement and therefore some informations regarding the partner country shall remain confidential.

Regarding the matter of stocks overexploitation, the fishing opportunities are based on the best scitific advices and management recommendations suggested by the scientific committee of the IOTC and the latest report says that none of the stocks targeted by the EU fleet are overexploited. Besides, one of the objectives of the protocol is to avoid any conflicts between the industrial fleets and small scale fisheries. The species targetted by the EU fleets are not the one landed by the small scale fisheries. It is emphasized that the fish is not sold off by the EU and that the aim of the financial compensation is to help developping the fishery sector in Mauritius, taking economic governance and fisheries sustainability into account.

Sources :

Parliamentary question : http://www.europarl.europa.eu/sides...

Press release of the EU Delegation in Mauritius (in French) :http://eeas.europa.eu/delegations/m...

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.

See the report in joint document (in French) and the following article (in French) : http://www.quotidien-nouakchott.com...