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Report of the

PREPARATORY MEETING FOR THE CONSULTATION ON THE
MANAGEMENT OF FISHING CAPACITY, SHARK FISHERIES AND INCIDENTAL CATCH OF SEABIRDS IN LONGLINE FISHERIES
Rome, 22-24 July 1998

FOOD AND AGRICULTURE ORGANIZATION OF THE UNITED NATIONS
ROME, 1998

PREPARATION OF THIS DOCUMENT

This is the final version of the report of the Preparatory Meeting for the Consultation on the Management of Fishing Capacity, Shark Fisheries and Incidental Catch of Seabirds in Longline Fisheries, Rome, Italy, 22-24 July 1998. Distribution Participants at the meeting All FAO Member Nations and Associate Members Other interested Nations and national and international organizations FAO Fisheries Department FAO Regional Fisheries Officers

FAO Report of the Preparatory Meeting for the Consultation on the Management of Fishing Capacity, Shark Fisheries and Incidental Catch of Seabirds in Longline Fisheries. Rome, Italy, 22-24 July 1998. FAO Fisheries Report, No.584, Rome, FAO, 1998. 48p. ABSTRACT Delegations from 54 Members of the Organization and observers from 8 intergovernmental and international non-governmental organizations met at FAO Headquarters, 22�24 July 1998, to prepare for the Consultation on the Management of Fishing Capacity, Shark Fisheries and Incidental Catch of Seabirds in Longline Fisheries. At the end of its meeting it adopted this report. The meeting discussed draft plans of action for the conservation and management of sharks and for the reduction of the incidental catch of seabirds in longline fisheries, as well as elements for a draft plan of action for the management of fishing capacity. This report summarizes the debates that took place. It also contains the guidance provided by the meeting to the FAO Secretariat about how best to proceed with the development of the documents that will be presented to the Consultation proper (26�30 October 1998). This guidance includes inter alia recommendations to the effect that the plans of action must assign the responsibility for actions amongst States (including other fishing entities), regional fishery bodies and international organizations. The plans should include provision for implementation and monitoring, including the issue of how to promote compliance by non-members of regional fishery organizations as well as by flag-of-convenience vessels. It was requested that technical assistance needs of developing countries be specified. It was suggested that the cost for any activities to be carried out by FAO, as part of the implementation of any international plan of action, should not be covered by extra-budgetary sources alone.

 

TABLE OF CONTENTS
INTRODUCTION
OPENING OF THE SESSION
ELECTION OF CHAIRPERSON AND VICE-CHAIRPERSON
ADOPTION OF AGENDA
REPORT OF OUTCOME OF THE TECHNICAL WORKING GROUP MEETING ON SEABIRDS
EXCHANGE OF VIEWS ON DRAFT PLAN OF ACTION FOR SEABIRDS
REPORT ON OUTCOME OF TECHNICAL WORKING GROUP MEETING ON SHARKS
EXCHANGE OF VIEWS ON DRAFT PLAN OF ACTION FOR SHARKS
REPORT ON OUTCOME OF TECHNICAL WORKING GROUP MEETING ON CAPACITY
DISCUSSION ON NATURE OF APPROPRIATE FOLLOW-UP TO MEETING OF TECHNICAL WORKING GROUP ON CAPACITY
GENERAL OBSERVATIONS
ADOPTION OF REPORT
Appendix A:	Agenda
Appendix B:	List of delegates and observers
Appendix C:	List of documents
Appendix D:	Opening remarks by Mr M. Hayashi, Assistant Director-General, Fisheries Department

INTRODUCTION

1. The Preparatory Meeting for the Consultation on the Management of Fishing Capacity, Shark Fisheries and Incidental Catch of Seabirds in Longline Fisheries met at FAO Headquarters, Rome, Italy, from 22 to 24 July 1998.

2. The Preparatory Meeting was attended by delegates from 54 Members of the Organization and by observers from eight intergovernmental and non-governmental organizations. The list of delegates and observers present at the meeting is shown in Appendix B.

OPENING OF THE SESSION

3. Mr M. Hayashi, Assistant Director-General, Fisheries Department, FAO, opened the Preparatory Meeting and welcomed delegates. His opening remarks are reproduced in Appendix D.

4. During his statement, one delegate, on a point of order, protested against the non-use of the Arabic language and left the conference room. The Chairperson of the G-77 Group, on behalf of the G-77 countries, also expressed concern at the non-use of the Arabic language and hoped that the practice of FAO in this respect would be changed.

ELECTION OF CHAIRPERSON AND VICE-CHAIRPERSON

5. Mr Will Martin, current Chairman of the Committee on Fisheries (COFI) and Ms M.H. de Sana Ria Vieira, delegate of Cape Verde, were elected Chairperson and Vice Chairperson respectively, of the Preparatory Meeting as well as of the Consultation on the Management of Fishing Capacity, Shark Fisheries and Incidental Catch of Seabirds in Longline Fisheries, scheduled to take place from 26 to 30 October 1998.

ADOPTION OF AGENDA

6. Concerns were expressed that the reports of the Technical Working Groups had been made available only a few days before the meeting, and that the limited number of participants in the Working Groups had made access to the reports necessary for many delegations.

7. The meeting adopted the agenda as shown in Appendix A of this report. The documents which were before the meeting are listed in Appendix C.

REPORT OF OUTCOME OF THE TECHNICAL WORKING GROUP MEETING ON SEABIRDS

8. The meeting noted the results of the Technical Working Group on Seabirds held in Tokyo, Japan, from 25 to 27 March 1998.

9. The agenda item was introduced on the basis of the preliminary version of FAO Fisheries Report "Report of the Technical Working Group on Reduction of Incidental Catch of Seabirds in Longline Fisheries". The Secretariat briefly described the issue of incidental catch of seabirds in longline fisheries on a global scale. The major output of the work of the Technical Working Group were the draft guidelines and a draft plan of action.

10. Delegations from Latin America expressed the concern that not all regions had been involved in the preparation of the draft guidelines and plan of action.

EXCHANGE OF VIEWS ON DRAFT PLAN OF ACTION FOR SEABIRDS

11. The agenda item was introduced by referring to document FI:PM-CSS/98/2 "Draft Plan of Action: Seabirds". It was highlighted that the draft Guidelines produced by the Technical Working Group had been included as an Annex to the draft Plan of Action. The Guidelines were prepared to indicate technical and operational measures presently being implemented which could be used to implement measures to reduce incidental catch of seabirds in longlining fisheries. More detailed technical guidelines are under preparation by FAO. They will describe longline fisheries in which incidental catch of seabirds is a problem and provide detailed description of possible mitigation measures. They will be available in draft form at the end of October 1998.

12. Several delegates expressed their appreciation of the work done so far, stating that the presented document was of the kind needed. Several delegations, however, noted that there was insufficient background data presented to evaluate the problems of incidental catch of seabirds occurring in different longline fisheries of the world.

13. Several delegates stated that reference should be made in the draft Plan of Action to relevant international conventions and agreements such as the CITES and Bonn Conventions as well as to the Kyoto Declaration, etc., and to information existing in certain regional fisheries bodies, as well as to other work carried out on the subject in the recent past.

14. Several delegations believed that problems were more serious in certain fisheries and fishing areas than in others. Delegates from several countries indicated that in the tropical zones the problem was minimal or did not occur at all. Similarly, some delegations stated that since certain species of seabird had been recognized as endangered, some less so and others not threatened, there should be prioritization among various fisheries and species requiring urgent action. Other delegations noted that in accordance with the Code of Conduct for Responsible Fisheries and the Report of the Technical Working Group meeting, mitigation measures should be adopted regardless of the conservation status of the seabirds in question.

15. It was also stated that the Plan of Action should indicate research needs and funding opportunities for such research effort. The need to develop national observers' programmes on board fishing fleets was also mentioned.

16. Several delegates stressed the need to ensure the comprehensive implementation of the Plan of Action.

17. It was suggested that countries should present plans of action to COFI at its session in 2001. The meeting concluded however that the contents as well as the date of submission of the first report by countries on this matter should be dealt with at the October 1998 Consultation. That meeting should also consider systems for reporting to FAO on progress made in implementing of national plans of action.

18. Regarding the description of the possible mitigation measures, the Secretariat explained that the list given in the annex in the draft Plan of Action is only indicative and not exhaustive since mitigation measures are continuously being developed. There was a diversity of opinion on whether or not such a list should be kept in the Plan of Action or integrated in the detailed technical guidelines with the Plan of Action making reference only to the criteria. Some delegations requested that more information be provided on the efficiency of the various mitigation measures and costs involved in their implementation. It was suggested that the list should contain only those measures that have proven their efficiency in large scale use.

19. A delegation proposed to establish an ad hoc technical advisory committee to advise FAO Member States and regional fisheries bodies on collection of data, review of research, development of mitigation measures, as well as progress in mitigating the incidental catch of seabirds in longline fisheries. It was concluded that the matter would be taken up at the October Consultation and that the terms of reference of such a group would be crucial and needed to be carefully elaborated and reviewed for possible approval.

REPORT ON OUTCOME OF THE TECHNICAL WORKING GROUP MEETING ON SHARKS

20. The meeting noted the results of the Technical Working Group on the Conservation and Management of Sharks which had taken place from 23 to 27 April 1998 in Tokyo, Japan.

EXCHANGE OF VIEWS ON DRAFT PLAN OF ACTION FOR SHARKS

21. The subject was discussed on the basis of document FI:PM-CSS/98/3 and the Secretariat explained that, as presented, it should not be considered a draft plan of action but rather a description of the possible contents of such a plan of action. It was also indicated that the meeting might wish to see in the eventual draft, a time-frame for implementation and requirements for technical cooperation between countries.

22. The exchange of views resulted in a number of suggestions with regard to the structure and coverage of the document which the Secretariat should take into account when finalizing it for the Consultation in October 1998. It was stressed that the Plan of Action should be ambitious and specific, while keeping in mind that actions could not be implemented all at once. The experience acquired in regional fisheries bodies should be taken into account.

23. It was agreed that the following broad headings would be suitable to structure the Plan of Action:

- data collection and monitoring of stock status

- research

- minimizing waste and encouraging full utilization (reference to finning)

- management and conservation for all species in a sustainable way

- cooperation and strengthening of country technical capacity

- training, outreach and communication

24. The Plan of Action should clearly define the responsibility for action at global (FAO), regional (regional arrangements including regional fishery organizations), and national (countries) levels and a reporting system should be instituted with annual reports by countries to FAO and biennial reports to COFI.

25. Since regional fishery organizations were considered to become (or to continue to be) driving forces in this field, it was important that their mandate be amended, as needed. As an initial step, an expanded interpretation of the existing texts could be considered as a possible way of allowing the organizations to become active in shark conservation and management while the formal change of mandate was in process.

26. The Plan of Action should contain references to what has been achieved in recent years with regard to shark conservation and management at national, regional and global levels.

27. Information on the financial and staffing implications of the Plan of Action should be made available to the Consultation in October.

28. The meeting was informed of a proposal to be made at the Consultation in October to create an ad hoc working group for monitoring the implementation of the Plan of Action. This proposal would provide information on the terms of reference, membership, financial requirements, working arrangements and duration of the group�s assignment.

29. The Secretariat will forward to Members and observers suggestions by Brazil and Japan for modifications in the text of document FI:PM-CSS/98/3.

REPORT ON OUTCOME OF TECHNICAL WORKING GROUP MEETING ON CAPACITY

30. The Secretariat reported on the outcome of the Technical Working Group on the Management of Fishing Capacity, which took place from 15 to 18 April 1998 in La Jolla, USA, recalling the nature of the overcapacity problem, its origin, and its detrimental impact on the conservation of fish stocks as well as its negative impact on the economic and social efficiency of associated fisheries. The Secretariat also reviewed the major points which were deliberated upon by the Technical Working Group as well as its conclusions and recommendations on key issues, such as measurement and monitoring, control and reduction, and specific issues related to the high seas.

31. The meeting commended FAO and the members of the Technical Working Group for the quality of the work done and its very relevance to the many issues raised in addressing the management of fishing capacity at national, regional and international levels.

32. The meeting expressed strong concern at the existence and impact of excess capacity world-wide and stressed the need to ensure an adequate follow-up to the work done by the Technical Working Group.

33. The meeting stressed the need for complementary assessments of the overcapitalization problem on a fishery-by-fishery basis, as well as the need to assess more adequately the evolution of the fishing fleet on a world-wide basis.

34. Clarifications were given by the Secretariat on the work currently undertaken by the Fisheries Department to analyse the evolution of the world fleet of vessels over 100 GT. The report containing the study will be made available by the end of the year. The meeting stressed the need to monitor and assess the fleet of smaller vessels also.

DISCUSSION ON NATURE OF APPROPRIATE FOLLOW-UP TO MEETING OF TECHNICAL WORKING GROUP ON CAPACITY

35. The subject was discussed on the basis of document FI:PM-CSS/98/4. The Secretariat introduced the document and indicated that it contained general considerations as well as a range of elements which could constitute the basis of an international instrument on the management of fishing capacity. It was indicated that, pending some clarifications on the form that such an instrument might take, the various elements were not fully specified. The Secretariat further pointed out that the meeting might see fit to consider a time-frame for implementation and more specific quantitative targets for selected elements.

36. Some delegations suggested a general approach to the management of fishing capacity, noting that specific fisheries might require immediate action and should be addressed in appropriate sections of the plan of action or an alternative instrument.

37. The degree to which emphasis should be given to the specific case of tuna fisheries, in particular longline fisheries, was debated. The meeting noted the economic importance of the tuna fishery and the need for strengthened international collaboration in the management of tuna fleets. Responsibilities at national, regional and international levels were also discussed in this context.

38. The meeting agreed that high seas issues would be dealt with for all resources. Some delegations noted that specific high seas fisheries issues (e.g. tuna longline fisheries) that require immediate action should be addressed within appropriate sections of the plan of action or alternative instrument. This issue will be discussed in the October 1998 Consultation.

39. The meeting emphasized the need to refer specifically to subsidies and noted its general agreement with paragraph 46 of the document, which calls for reduction and progressive elimination of subsidies which contribute directly or indirectly to the build-up of excessive fishing capacity. Several delegations indicated that subsidies that were directly relevant to the overcapacity problem ought to be considered, at least in general terms, and that in this instance, it was important to distinguish between their impact on fishing capacity and their impact on trade, a matter which fell under the competence of WTO. The meeting noted the effect on overcapacity of other financial and cost related factors such as ineffective management and non-participation in, or non-cooperation with, regional fishery organizations.

40. Several delegations emphasized the need to pay due attention to the financial requirements of the plan of action or an alternative instrument which may eventually be adopted. This concerns all parties involved, including FAO. Several delegations pointed out that this confirmed the more general need to increase the budget of the Fisheries Department. Japan informed the meeting that it had already agreed to finance specific work of the Department related to the fishing capacity.

41. Concern was expressed about the financial burden that a reduction of capacity may impose on developing countries.

42. There was consensus in the meeting both on the seriousness of the problems related to overcapacity in many world fisheries and on the need to address them urgently taking into account their complexity and political sensitivity to reach just and effective solutions. The meeting noted the significant contribution made by the FAO Technical Working Group in providing guidance to address the issue at national, regional and international levels.

43. The meeting agreed that global consensus was needed on various aspects related to fishing capacity, including definition, measurement, monitoring and control, and measures to reduce overcapacity. Such consensus could find expression in different forms, such as a plan of action, a declaration or guidelines or a combination thereof. The meeting discussed in detail these different options and concluded that what was required first would be the substantive contents and that they should be drafted by the Secretariat without delay. The meeting concluded that the decision on the appropriate format of such instrument should be taken once agreement had been reached on its contents at the October Consultation.

44. The meeting reiterated the call for the early ratification and effective implementation by countries of international instruments containing provisions on the monitoring and control of fishing capacity, in particular the FAO Compliance Agreement, which forms part of the Code of Conduct for Responsible Fisheries and the UN Agreement on straddling fish stocks and highly migratory fish stocks. The meeting noted that these instruments included some of the measures listed in document FI:PM-CSS/98/4 regarding the monitoring and control of fishing capacity but that a number of additional ratifications would be needed for the entry into force of the instrument referred to. It was also noted that international organizations had carried out studies on overcapacity (OECD and WTO) and these studies should be taken into account.

45. The meeting identified and agreed the following principal categories of action for which international consensus should be sought on the basis of a revised draft instrument to be prepared by the Secretariat, and for which clear responsibilities needed to be assigned at the national, regional and international levels:

• Measurement of fishing capacity including research on measuring methodology, elaboration of guidelines for data collection, and definition of fishing capacity.
• Identification of fisheries requiring immediate attention because of undeniable problems of over-capacities.
• Development of national plans, and in accordance with international law regional plans, to manage fishing capacities together with mechanisms for evaluating their effectiveness.
• Evaluation of the effects of subsidies on fishing capacity. As part of national plans, reduction and progressive elimination of subsidies that contribute, directly or indirectly, to fishing overcapacity and the consideration of the effect on overcapacity of other financial and cost related factors such as ineffective management and non-participation in, or non-cooperation with, regional fishery organizations.
• Coordination among regional fishery conservation and management organizations in order to avoid and reduce excess fishing capacity at the regional and global levels.
• Development of a common approach to dealing with fishing vessels flying flags of convenience and those of non-members of regional fishery organizations including measures to reach cooperation and effective management in accordance with international law.
• Provision of assistance to communities that have to bear the burden of significant reductions in fishing capacity, including support for developing countries whose national resources are insufficient to finance fleet reductions and social assistance programmes for affected communities.
• Establishment of registers of fishing vessels at national and international levels.
• Awareness creation and education among all interested parties at national, regional and international levels about the need for the control of fishing capacity and the benefits resulting from reducing excess fishing capacity as well as the exchange of all relevant information including best practice to achieve these measures.
• Mechanisms to ensure implementation.
• Technical cooperation.

46. The meeting stressed that any commitments made in the envisaged international instrument needed to be backed up with sufficient financial and technical resources at the national, regional and international levels. The financial implications of those provisions which required actions by FAO would need to be adequately reflected in the Department�s work programme and budget. Extra-budgetary resources may also be required.

47. Specific concern was expressed in the meeting about the need for financial and technical assistance to be provided to developing countries in order to implement their national policies and plans for the management of fishing capacity. The valuable role of the Technical Cooperation Programme (TCP), Technical Co-operation among Developing Countries (TCDC) and Economic Co-operation among Developing Countries (ECDC) was referred to in this context.

GENERAL OBSERVATIONS

48. Several delegations requested that the funds to finance activities deriving from the plans of action, as with other activities which the Fisheries Department carries out on the recommendations of COFI, should also be provided from FAO�s Regular Programme and not only be covered by extra-budgetary resources.

49. With respect to the plans of action and any other instrument to be adopted relating to incidental catch of seabirds, management and conservation of sharks, and management of fishing capacity, the meeting confirmed that any reference to a country, or countries, shall include also, as appropriate, other fishing entities.

ADOPTION OF REPORT

50. The report was adopted on 24 July 1998.

1. Opening of the Session

2. Election of Chairperson, Vice Chairperson and three Rapporteurs

3. Adoption of Agenda

4. Report on outcome of the Technical Working Group Meeting on Seabirds

5. Exchange of views on Draft Plan of Action for Seabirds

6. Report on outcome of the Technical Working Group Meeting on Sharks

7. Exchange of views on Draft Plan of Action for Sharks

8. Report on outcome of Technical Working Group Meeting on Capacity

9. Discussion on nature of appropriate follow-up to Meeting of Technical Working Group on Capacity

10. Adoption of report

FI:PM-CSS/98/1 Provisional Agenda

FI:PM-CSS/98/2 Draft Plan of Action: Seabirds

FI:PM-CSS/98/3 Draft Plan of Action: Sharks

FI:PM-CSS/98/4 Elements for a Plan of Action on Fishing Capacity

FI:PM-CSS/98/Inf.1 Provisional List of Documents

FI:PM-CSS/98/Inf.2 Provisional List of Participants

FI-PM-CSS/98/Inf.3 Statement of Competence and Voting Rights by the European Community and its Member States

Distinguished Delegates, Ladies and Gentlemen

I declare open the Preparatory Meeting for the FAO Consultation on the Management of Fishing Capacity, Shark Fisheries and Incidental Catch of Seabirds in Longline Fisheries. It is a great pleasure for me to welcome you all on behalf of the Director-General of FAO to this meeting.

Many of you will recall the beginning of the sequence of events which have brought us together here. In March last year, the FAO Committee on Fisheries called upon the Organization to examine the issues connected with the management of fishing capacity, conservation and management of sharks, and the incidental catch of seabirds in longline fisheries. The Committee asked us to carry out this examination with a view to assisting concerned Members of FAO to define strategies, which could be supported by us all, and applied by each Member as appropriate. The strategy should preferably be made robust through specific international collaboration.

COFI further specified that this work should be carried out using extra-budgetary funds. The Governments of Japan and the United States agreed to provide the needed facilities and funds. Recently, the European Commission and the Government of Norway have decided to provide additional funds.

Earlier this year Japan and the United States have hosted meetings of three FAO Technical Working Groups (TWGs), one each on fishing capacity, shark conservation and management, and, incidental catch of seabirds in longline fisheries. Each working group consisted of independent experts selected by FAO.

The working groups reviewed draft guidelines and discussed draft plans of action; in the case of fishing capacity the group reviewed elements which could possibly be inserted into a plan of action. The conclusions and recommendations of the technical working groups are reproduced in the respective meeting reports. These reports are available at the documents desk in English, French and Spanish.

On the basis of the work done by the Technical Working Groups, the Fisheries Department has produced the draft Plans of Action, and in respect of fishing capacity, elements of a plan of action, which are now before you for consideration. These documents can be seen as having two parts. The first part consists of a set of undertakings which are national and/or international in nature. The second part of the Plans of Action are guidelines on policies � which, of course, generally are of concern to individual countries, and in some instances to regional fisheries management organizations.

Apart from these documents, work on technical guidelines, on each of the three subjects, is progressing in parallel within the Secretariat. We hope to have these technical guidelines issued � at least in draft form - for information at the October consultation.

Let me now turn to the work of this three-day meeting.

You are asked to review and improve the draft action plans for seabirds and sharks, and to discuss the appropriate follow-up to the TWG meeting on Fishing Capacity, including how to develop a plan of action for fishing capacity also.

The draft documents in front of you are more general than specific in nature � we expect that you will try to make them more specific.

Discussions and negotiations among you are vital in order to establish what are reasonable targets of action for governments and for the international community.

This preparatory meeting is meant to provide the occasion for such discussions. A first exchange of views will take place here in plenary. You may wish to continue discussions, if necessary, in smaller groups outside the plenary.

This meeting, being preparatory in nature, will not take any formal decisions concerning the agenda or the documentation for the FAO Consultation in October. Nevertheless, the discussions and conclusions reached here will be the major input into the preparation of the revised plans of action by the Secretariat. We have solicited the views on the meeting documentation in front of you also from governments and organizations not present here. The comments we receive will also be taken into consideration, as will be comments that we may receive on the report of this meeting.

However, comments are needed urgently. The Fisheries Department needs to finish the meeting documentation for the October Consultation no later than end of August - that is about six weeks from now.

It is our intention to present the report of this meeting for adoption on Friday afternoon. It will contain a summary of discussions in plenary, and written outputs from any working group that you may set up. Once the report is approved we will give priority to distributing it to all Members and interested observers.

We expect that the October Consultation will finalize draft plans of action for seabirds, sharks and fishing capacity. These documents would then be submitted for endorsement to the FAO Committee on Fisheries when it meets in mid-February next year.

Before I finish I wish to express my sincere thanks to the Governments of Japan, Norway and the United States, as well as the European Commission, whose generous contributions have made it possible for FAO to embark on its work simultaneously on the three important issues this year.

Thank you for your attention.