Improving sustainability through an ambitious revision of the Fishing Authorisation Regulation

Since the new Common Fisheries Policy (CFP) entered into force on January 1st 2014, there have been improvements registered in Sustainable Fisheries Partnership Agreements. However, tide still needs to turn as regards vessels fishing outside the framework of SFPAs.

Indeed, the EU external fleet counts around 700 vessels, but only 245 vessels fished under SFPAs in 2014: Several hundreds of EU vessels operate outside SFPAs, negotiating private agreements with third countries (this is only allowed when there is no SFPA between the EU and the particular country in place), or setting up chartering arrangements for their vessels with local businesses. Unfortunately, there is currently no way to have information about these arrangements.

This may change in the next months with a review of the so-called ‘Fishing Authorisation Regulation’ (FAR). This regulation will stipulate ‘eligibility criteria’, - designed to ensure transparency and sustainability- , that any EU vessel wanting to operate in external waters will have to fulfill to obtain a fishing authorisation from the EU Member State in which it is registered.

The proposal for a future FAR Regulation is currently being examined by the European Parliament and the Council. However, the European Economic and Social Committee (EESC), has already given its opinion on the matter. The EESC considers it necessary for the European Commission to verify the validity of the authorisations given by the Member State, checking whether the eligibility criteria have been duly applied. 

In this article, CFFA explores why the European Commission should indeed verify what Member States do. Looking in particular at the case of Italy, we highlight that some EU countries tend to turn a blind eye to what their vessels are doing once they fish outside EU waters, thereby failing to fulfill their responsibilities as flag State under international law. Italy has consistently delivered fishing authorisations for all these vessels to fish in West Africa regardless of the fact that they shouldn’t be fishing there or that they were involved in illegal fishing.   

This shows that if the EU is to ensure, through its Fishing Authorisation Regulation, that all its fishing vessels fishing outside EU waters respect “the same principles and standards as those applicable under Union law in the area of the CFP” as required by the new CFP, the European Commission has to play a key role to verify that all EU member states apply sustainability criteria rigorously before allowing their vessels to fish in third countries waters.

Issues of the new EU-Mauritania fishing agreement protocol: small pelagics, bycatch and sectoral support

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.

Voices from African artisanal fisheries: giving the floor to those who live from fishing

From Senegal to Togo, from Guinea-Bissau to Mauritania, from Tunisia to Ghana, communities
living from maritime fisheries show the same attachment to the sea and face the same challenges.
Between September 2014 and November 2015, the West African Network of Journalists for Responsible Fisheries (rejoprao), in collaboration with the African Confederation of Fisheries Professional Organisations (CAOPA), went to meet artisanal fisheries stakeholders in these six countries.
In each country, we visited fishing sites, had exchanges with groups of men and women living
from fishing, made individual interviews and did documentary research. The goal was to better
understand and honestly describe the realities in which fishing communities have to live and work, and the challenges they face. And to show also that, beyond the often unreliable statistics, African artisanal fisheries are composed of men and women who want to be heard.
Built around a series of six field reports, this publication gives the floor to artisanal fisheries stakeholders, who share with us their fears and their hopes for the future of their activity. We wanted to shine some light on artisanal fisheries. In no case, we claim that this publication gives the full picture of the situation in the countries we visited.
Our gratitude goes to all those who contributed, in different ways, to the production of this report.

On behalf of the Rejoprao
Inoussa Maiga
President

This report was produced with the support of SSNC and CFFA

Download Voices from African Artisanal Fisheries

European Court of Auditor's report on the management EU Fisheries Partnership Agreements: comments and recommendations

On the 14th March 2016, the Agriculture and Fisheries Council adopted Conclusions on Fisheries Partnership Agreements with third countries, as a policy response to recommendations issued by the European Court of Auditors on the subject in a special report. The Council’s conclusions endorsed the recommendations of the Court, and encouraged the European Commission to continue efforts to address them.

The Court report, ‘Are fisheries Partnership Agreements well managed by the Commission’, was published in October 2015'. Its objective was to evaluate whether FPAs are well managed by the European Commission, during their negotiations and their implementation. The report is based on the audit of four FPAs: three ‘tuna’ FPAs in the Indian Ocean (Madagascar, Mozambique and The Seychelles) and one ‘mixed’ FPA in West Africa (Mauritania).

 In general, CFFA feels that 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.

Therefore, CFFA published comments and recommendations, based on the Court report, about how the management of current Fisheries Partnership Agreements (SFPAs) could be improved to contribute to the establishment of sustainable fisheries in third countries. CFFA also wants to recall that, apart from SFPAs, there are other types of access arrangements to third countries waters, such as private agreements, chartering agreements, joint ventures, which have important impacts on third countries coastal communities, coastal eco-systems and local economies. Transparency and sustainability also need to apply to those.

Read the CFFA Comments and Recommendations

Link to the Court of Auditor's report 

'People have the right to know how much is paid, how much is fished, how and by whom'

Isabella Lovin, Sweden International Cooperation Minister, is interviewed by Jedna Deida. It has been published on Mauriweb Info http://mauriweb.info/node/1549

You just ended a visit to Mauritania. You met Mauritanian high authorities. Can you tell us what has been discussed?

Yes, I visited Mauritania to attend the FiTI conference, where I was invited as a key note speaker, due to my long time engagement in sustainable fisheries. Of course I also met with members of the government and the President, discussing Swedish-Mauritanian relations. We have a common interest in sustainable fisheries, and we were also discussing more broadly on sustainable development, the importance of fight against corruption and the importance of transparency, as well as the freedom of the press.

What do think about the FiTI Conference and what can be expected from all fisheries partners to improve FiTi’s achievements?

I think it is excellent that Mauritania is taking the lead in this Fisheries Transparency initiative, that now important fishing countries such as Indonesia and Senegal have joined. What has now to be developed are the technical FiTI standards and I expect the transparency will be needed in at least three areas: on payments, on catches and on tenure arrangements. The public has the right to know how much is being paid, how much is being fished, how and by whom.

What would be the concrete benefits of transparency in African fisheries when it comes to the activities of industrial fishing in our waters?

It is greatly important for two reasons. First of all to fight corruption. By publishing all fisheries access agreements, the terms and the IMO numbers of boats involved, civil society and free media can hold their governments accountable. Secondly, it is essential to conserve the marine resources. Full transparency on catches is needed to make stock assessments, and it is important for local populations and local fishermen that should have priority access to the fish. It’s only if there is a surplus not needed by local fishermen, that any fishing should be allowed for foreign fleets.

Do you think an initiative like the FiTI will live up to our expectations?

It depends on all the stakeholders that are engaged. It's too early to tell.

What is needed to ensure it doesn't become just a 'whitewashing' exercise for African governments, to attract more foreign investments without changing their opaque behaviors?

What is needed is true commitment by governments and full engagement of civil society actors and organisations. It is also important to keep in mind that governments actually are gaining from committing to transparency and long term sustainability. For the EU, a condition for signing fisheries agreements is that EU only negotiates for a surplus of fish, not needed by local populations. Then countries need to publish all their agreements if they want a fisheries agreement with the EU. This is what we changed with the new EU Common Fisheries Policy.

As a European Parliamentarian, you have been one of the most involved fighter to defend responsible and sustainable fishing on the African coast. Now, as Sweden Minister of international cooperation, what can you promote to help fishermen in Africa?

Sweden is engaged in a number of ways, supporting fisheries research and capacity building in Africa. We see that fisheries is an important source of livelihood for millions of people and also that fish is an important source of proteins - it is all too important to be destroyed by overfishing. Therefore we now include sustainable management of fisheries in our regional cooperation strategy for Africa.