I. National Plan of Action case study: a small island developing State

ALPHA ISLANDS FISHING INDUSTRY

Alpha Islands, a small island developing State, is an archipelagic nation comprising about 302 islands with a total land area of 18,272 sq. km. and a surrounding EEZ of about 1.3 million sq. km. The group includes two large high islands, several medium-sized high islands, and numerous small islands and atolls. Most of the islands are surrounded by fringing and barrier coral reefs. Much of the Alpha Islands' coastal waters surround the main islands of Beta Lambda and Banua Lambda and the islands of the Tau and Rau groups.

There are three substantial rivers, a few lakes and some man-made impoundments where fishing and aquaculture take place, but marine fisheries are predominant. They consist of the subsistence fishery, the coastal commercial fishery and the industrial fishery, described below.

Marine fisheries

The Alpha Islands marine fisheries are estimated to generate annual landings of about 36,400 tonnes. Fishing is divided into three sub-sectors: subsistence, coastal commercial, and offshore/industrial. The distinction between subsistence and the coastal commercial fishing in the larger, less isolated islands is often blurred as small-scale fishing activity is becoming increasingly monetised in these areas.

The subsistence fishery

The subsistence fishery targets mainly finfish, beche de mer, octopus, seaweed, lobster, mud crab, and various bivalve molluscs. These resources make a large contribution to domestic food supplies. It has recently been estimated that 50 percent of all rural households are involved in some form of subsistence fishing and that about 21,600 tonnes of fish are landed each year, or slightly more than half of all domestic production.

The coastal commercial fishery

The coastal commercial fishery exploits resources which fall into two main categories:

• resources that provide food for Alpha Islanders: mainly finfish, beche de mer, octopus, seaweed, lobster, mud crab, seaweeds, and various bivalve molluscs. These are similar to the subsistence resources, but the commercial fisheries take a higher percentage of finfish (about 52 per cent of the landings by weight).

• resources which are exported: mainly beche de mer, trochus, coral, and aquarium fish.

According to the Alpha Islands Fisheries Division data, 1,012 vessels and 2,304 fishers participated in the coastal commercial fishery in 2002. It is estimated that 9,320 tonnes of finfish and non-finfish (i.e. invertebrates and plants) were harvested by this component of the fishery in 2002. The annual production of beche de mer in the late 1990s was about 250 tonnes. The 2002 production of trochus was estimated to be 92 t.

Coral extraction is one of the most contentious issues in the coastal commercial fishery. Another problem is indicated by a mid-1990’s survey on Beta Lambda, which reported that fishing driven by market demand resulted in the over-exploitation of commercially important species in the inshore areas. Area closures and bans on gill netting for reef fish, particularly in the north and west of the country, seem to have been effective in restoring stocks of some species. However, market demand for other species continues, as does over-exploitation.

The industrial fishery

The industrial fishery is entirely tuna-oriented and has the following components:

• A pole-and-line fishery, mainly targeting skipjack and small yellowfin tuna. This fishery has declined in recent years. Seven vessels were active in the mid-1990s, but during the 2002/03 season only two vessels participated. Problems related to access to bait fishing areas and the economics of pole-and-line fishing are the major factors for the decline.

• A longline fishery targeting large bigeye and yellowfin tuna, taking most of its catch within the Alpha Islands fisheries waters, and landing the chilled catch in Beta Lambda for export by air to fresh fish markets overseas. The fleet of domestic longliners has increased substantially. In recent years there have been between 40 and 50 vessels and landings are now about 5,500 tonnes per year.

• A freezer longline fishery involving mainly Asian vessels fishing under charter to the Beta Fishing Company (BAFCO). These vessels, which target mainly albacore tuna, fish within the Alpha Islands’ EEZ as well as the EEZs of neighbouring countries, and international waters in the area. These vessels have landed between 2,000 and 3,000 tonnes of tuna in recent years, primarily at the BAFCO tuna cannery in the port of Kappa, but with some transhipment to other destinations.

• An occasional tuna purse seine fishery in the northern portion of the EEZ under the terms of an international multilateral treaty. Foreign purse seine vessels sometimes visit the Alpha Islands but this is usually only to obtain duty-free fuel. Actual fishing by these vessels normally only occurs in El Niño years, at which times it takes place in the extreme north of the country’s waters.

Apart from the multilateral tuna treaty, under which only sporadic fishing occurs, Alpha Islands has one bilateral access agreement in place. Only a small amount of fishing has been done under this latter agreement in recent years. However, it is anticipated that this could change because of the increasing number of longliners based in the nearby Sigma Islands that fish on the adjacent high seas and regularly visit Alpha Islands ports for supplies and fuel.

Fish processing and exports

Most of the fish from inshore waters is consumed fresh locally. About 70 percent is for home consumption by the harvesters and the remainder is sold through municipal markets and other outlets.

The beche de mer is dried and processed locally and exported by 13 licensed companies. Exports peaked in 1988 with 700 tonnes. The trochus is made into button blanks which are then exported to button factories in Asia and Europe. Aquarium fish are air freighted overseas. In 2002 about 80 tonnes of snapper was caught, of which 29 tonnes was exported. About 8.4 tonnes of live food fish was exported the same year.

There are two major fish canneries in the country:

• the BAFCO cannery at the port of Kappa, which cans domestically caught and imported tuna, principally for export and produces tuna loins for overseas canneries;

• the Vega cannery also at Kappa, which cans imported mackerel, mainly for the domestic market.

In 2001 BAFCO exported about US$ 8 million of canned tuna and tuna loins. In 2002 the value was about US$ 7.1 million. During the same year about 5 000 tonnes of fresh chilled fish (mostly tuna) were exported overseas by air freight.

In 2002, the four aquarium fish businesses in Alpha Islands exported about US$ 762 000 worth of aquarium fish and about twice that value in various forms of coral.

Economic considerations

Economic role of the fishing industry

It has been recently estimated by the Regional Development Bank that the value of catches are:

The same study also calculated that the above values constitute about 2.4 percent of the Alpha Islands' GDP. However, fish processing and other post-harvest activities are considered in other sectors of the Alpha Islands economy for GDP calculation purposes, so the contribution of fisheries to the economy of the Alpha Islands is substantially larger than the 2.4 percent from fishing alone. For example, data from the Alpha Islands Revenue and Customs Authority shows that the fishery products represent 6 percent of the value of all commodity exports from the country.

The 1996 census shows that fishing provides jobs to 2.22 percent of the 280,505 people formally and informally employed in Alpha Islands.

The Alpha Islands receives about US$ 212 000 annually in fees for access by foreign fishing vessels to the Alpha Islands waters.

Economic policy objectives of the Government of Alpha Islands for the fisheries sector

The Alpha Islands economy has been hampered by persistent trade and budget deficits, making the country one of the world’s largest per capita recipients of aid. In this context, the Alpha Islands Government Fisheries Sector Policy and Strategy 2002 - 2004 includes the following economic-related objectives:

• to promote and expand sustainable competitive exports of living marine products by providing suitable, technologically appropriate, safe and cost effective fishing vessels, particularly for the industrial fisheries segment;

• to provide assurance of adequate air freight for export production; and

• to encourage local value-adding and down-stream processing with the aim of maximizing the value of marine products.

Development prospects

Much of the potential for increasing fisheries production is from the offshore areas, especially the tuna resource. Promotion of the semi-industrial sashimi longline fishery has been quite successful in recent years and efforts to further develop the fishery will continue. Expansion of this fishery is highly dependent on regular airfreight service at viable rates. Through the use of fish aggregation devices (FADs), artisanal fishers will be encouraged to utilise the large offshore tuna resources, thereby diverting effort away from the heavily-exploited inshore and coastal areas.

The scope for increasing production from inshore and coastal areas is generally considered to be limited, and the government is focusing an increasing amount of attention on the management of over-exploited inshore fisheries. A central feature of the new management initiatives is the devolution of management authority to local government units and, beyond this, to coastal communities having traditional rights of marine tenure.

FISHERIES MANAGEMENT

Fisheries management focuses on the coastal commercial fishery and the industrial fishery, described below. The objectives for which the subsistence fisheries are managed are generally the protection of village food supplies.^[38]

The management of living marine resources in the Alpha Islands is the responsibility of the Fisheries Division of the Ministry of Fisheries and Forests. The Fisheries Division has divisional offices in each of the nine Alpha Islands National Administrative Divisions.

Coastal commercial fishery

Management objectives and measures

The management objectives are sustainability of resources, maximization of economic returns, and assuring that these commercial fisheries do not negatively interact with subsistence fisheries. The main strategy used to achieve the objectives is the use of centrally-administered regulations promulgated under the 1972 Fisheries Act. Examples of measures are:

• requirement for commercial fishers to be licensed (956 licences were issued in 2002);

• size limits (e.g. regulations specify minimum sizes for 19 species of fish);

• gear specification (e.g. mesh sizes for nets);

• banned fishing methods (e.g. use of explosives);

• requirement for an export permit for marine products: The Customs Department, acting as agents for the Fisheries Division, will not authorize the release of an export shipment of fishery products without an export permit from the Fisheries Division;

• bans on the export of certain species: regulations ban the export of Tridacna derasa, T. squamosa, T. maxima, Holothuria scabra.

There are no bilateral or regional management arrangements in force with respect to the species covered by this fisheries management system.

Information for management decisions

Information for management decisions comes from various sources, including: periodic resource assessments (often with overseas technical/financial assistance); the compilation of information in the "Alpha Islands Fisheries Resource Profiles", which contains descriptions of the resource, fishery, stock status, and management for the 45 most important fishery resources; the Fisheries Division’s fisheries statistical system; the Fisheries Division’s export database; Customs export database; records of processors; and anecdotal information from fishers. Regional fishery organizations, the Secretariat of the Oceanic Community and the Pesca Fisheries Organization, described below, have provided substantial information for management purposes.

Monitoring, control and surveillance

The most effective enforcement is that which can be done through the buyers and exporters. For example, it is relatively easy to enforce trochus minimum size restrictions, as all the harvested trochus are brought together at the small number of processing factories which are all located near Kappa. Fishers are not enthusiastic about harvesting a non-food resource that buyers will not purchase. Gear specifications are the most difficult to enforce and could easily be the least effective of the various measures used.

Prevention of overfishing and interaction with the subsistence fishery is inherently difficult. Equally challenging is safeguarding the sustainability of high value, easy to capture benthic organisms, in the face of an expanding population in an environment of reduced economic opportunities. In general, the management system for the commercial coastal fisheries is least effective at achieving management objectives in locations close to urban areas.

The Fisheries Act empowers any fisheries licensing officer, police officer, customs officer or honorary fish warden to enforce the Act and subsidiary legislation. Although there has been some confusion in the past, there is now a regular dialogue between the Fisheries Division, Police, and Navy. Each year there are several exercises carried out jointly with the Alpha Islands Navy. In practice, most of the enforcement activity for coastal commercial fisheries is focused on apprehending individuals involved in fishing with explosives. Another common enforcement activity is surveillance of roadside sales for undersize fish.

The industrial fishery

Management objectives and measures

The objective of tuna management in the Government of Alpha Islands policy is "to increase the benefits to Alpha Islands from the fishing and associated processing activities. This is to include expanding local ownership of the industry, generating greater local employment, and increasing the value of exports". A stated guiding policy principle is preservation of the gains that have been made; any management action should not jeopardize the continuing success and opportunities for growth of the tuna industry.

The strategy used to achieve the objective is limited entry in conjunction with conditions on vessel licensing. For the limited number of licences, certain categories of applicants receive priority. A key licence condition is that the geographic area where a licensed vessel is allowed to fish depends on the degree of localization of the vessel (ownership, nationality of crew, associated local infrastructure). The measures applied are:

• all vessels are required to have a licence;

• a limit is placed on the number of licences: 60 sashimi longline vessels and 120 cannery longline vessels;

• criteria for priority in the allocation of licences, which include: Alpha Islands-owned vessels, Alpha Islands registered fishing vessels, degree of local ownership, degree of employment opportunities that a vessel provides, degree of investment in onshore infrastructure, ability to meet quality and export standards, vessels built locally/local content.

The licence allocation criteria attempt to encourage a greater involvement in Alpha Islands and give vessels making this commitment a competitive advantage. Alpha Islands-registered-and-owned fishing vessels have access to all maritime zones (internal waters, archipelagic waters, territorial sea, EEZ) while at the other extreme foreign fishing vessels are restricted to the EEZ. However the criteria are economically-based only, and do not include compliance with national laws or international conservation and management measures.

A tuna management plan is being developed for Cabinet approval. Its authority will be enhanced when the draft Fisheries Management Act is enacted.

Information for management decisions

Information is acquired for management decisions in a number of ways. Licensed operators are required to record and submit daily records of fishing activity, including the catch of all species and fishing effort. From time to time licensed operators are required to carry an observer who collects information on fishing activities for stock assessment, research and monitoring purposes. The Fisheries Division works in cooperation with the SOC to collect length-frequency, catch composition and species composition data, for the purposes of logbook data validation, stock assessment and research. These data are analyzed at the Fisheries Division and also forwarded to the Oceanic Fisheries Programme of the SOC, where they are combined with similar information from neighbouring countries to provide a regional perspective to Alpha Islands on tuna resources.

Monitoring, control and surveillance

The Fisheries Division is responsible for the enforcement of the measures while the vessels are in port. The Alpha Islands Navy enforces the measures while the vessels are at sea. Although there has been some confusion in the past, there is now a regular dialogue between these two agencies. The Navy has two 31.5 metre Pacific Patrol Boats. The Patrol boats have exceptional endurance with a range of 2 500 nautical miles at 12 knots, and the ability to perform at high speeds while retaining good seakeeping ability. The Navy also has four 15 meter craft for coastal enforcement.

Fisheries and Naval enforcement officers recently undertook dockside training that should directly benefit the files of the Director of Public Prosecutions. Participants were taught improved evidence collection skills in a process that involved the inspection of a docked vessel during the training session where inspectors leaf through catch records and logbooks on the vessel, and conduct a count of the crew and various modes of measurement. A regional VMS has been developed, and Alpha Islands intends to require the installation and maintenance of ALCs on its trawlers and tuna fleet.

THE FISHERIES ACT

The laws governing the use of marine resources in the Alpha Islands are set out in Chapters 158 of the Laws of the Alpha Islands. Chapter 158 is also known as the Fisheries Act. It was first drafted in 1972, and since then there have been many amendments, but very few since 1992. It does not implement any of the international fisheries instruments agreed after the 1992 United Nations Conference on Environment and Development.

The main features of the Fisheries Act are that it:

• defines the Alpha Islands fisheries waters as all internal waters, archipelagic waters, territorial seas and all waters within the exclusive economic zone;

• prohibits taking of fish in the Alpha Islands fisheries waters by way of trade or business without a licence but does not provide for licences beyond areas of national jurisdiction;

• states that every licence granted under the Act terminates on the 31st December next after the day of issue, that licences are personal to the holder, and that licences are not transferable;

• empowers any licensing officer, police officer, customs officer, honorary fish warden and any other officer empowered by the Minister to enforce the Act;

• empowers the Minister to appoint honorary fish wardens whose duties shall be the prevention and detection of offences;

• empowers the Minister to make regulations.

Several fisheries regulations have been made under the Fisheries Act. These have been consolidated into the Fisheries Regulations 1992. The regulations cover licences/registration, prohibited fishing methods, mesh limitations, size limits, and exemptions.

The maximum fines for the Act and regulations are at relatively low levels, and range up to $5 000. One offence - unlicensed fishing by foreign fishing vessels - attracts a much higher fine: $100 000. However, this is only 10 percent of the standard fine for similar offences in the region.

A new Fisheries Management Act was drafted three years ago. To some extent, it implements Alpha Islands international obligations, but because of other political priorities it has not yet been passed. This affords an opportunity for a priority review of the draft prior to its consideration by Parliament to ensure that it addresses, to the greatest extent possible, the issues raised in international instruments and the IPOA-IUU. It is expected that the Bill will be introduced in Parliament after the next elections in six months time.

There are minimal MCS provisions in the current legislation, and none that extend beyond areas of national jurisdiction. The draft Fisheries Management Act contains more thorough provisions, referring to the appointment and powers of authorized officers, observers, port samplers and fish quality control auditors.

However, their authority only relates to areas within national jurisdiction apart from a provision allowing hot pursuit beyond areas of national jurisdiction, done in accordance with international law. Similarly, the draft provisions on requirements for ALCs and VMS do not extend to areas beyond national jurisdiction.

RESEARCH AND TRAINING

The Fisheries Division plays an active role in research in support of resource assessment, development, management, and aquaculture promotion. The Division has a research section within its headquarters, which carries out a range of research and monitoring projects. Past research activities carried out by the Fisheries Division include:

• monitoring of sales of fish, invertebrates and aquatic plants through the Alpha Islands' main markets;

• assessment of baitfish stocks and of the impacts of baitfish harvesting on juveniles of other commercially important species

The University of Oceania in Alpha Islands also regularly undertakes marine research activities in the Alpha Islands waters, often focusing on commercially important species. The University has undertaken biological studies on sea cucumbers, deep-water shrimps and marine algae, and has also carried out social, economic and post-harvest research relevant to fisheries.

DEVELOPMENT ASSISTANCE

The Alpha Islands receives technical assistance in the fisheries sector from a number of bilateral donors. Assistance is also obtained from the international organizations of which the Alpha Islands is a member, including FAO and other United Nation agencies.

The regional organizations, including the PFO, the SOC and the Regional Environment Programme (REP), as well as several UN agencies have also been active in supporting the Alpha Islands fisheries sector.

INTERNATIONAL AND REGIONAL LAW AND RELATIONS

Treaties and agreements

Alpha Islands has ratified and is party to the following international treaties and agreements:

• 1973 Convention on International Trade in Endangered Species (CITES) - Alpha Islands supports closer cooperation between CITES and FAO to improve the applicability of CITES provisions to commercial fisheries. In particular, listing some commercially harvested species on Appendix II (this requires trade in the species to be regulated) would complement RFMO efforts through addressing issues such as non-member fishing and through the potential for multilateral trade sanctions against States that do not comply with CITES requirements.

• 1982 United Nations Convention on the Law of the Sea

• 1995 UN Fish Stocks Agreement

Alpha Islands has ratified and is party to the following regional treaties:

• 1987 Treaty on Fisheries, permitting access to the waters of the regional parties by foreign vessels;

• 1989 Convention for the Prohibition of Fishing with Long Driftnets; and,

• the 1991 Regional Treaty on Cooperation in Fisheries Surveillance and Law Enforcement.

Membership in regional fishery bodies

Alpha Islands is a member of the following regional fishery bodies:

• The Secretariat of the Oceanic Community (SOC) - The main objective of the SOC is to encourage and strengthen international cooperation in promoting the economic and social welfare and advancement of the peoples of the region.

  The Divisional goal for fisheries is to provide a regional service which provides information, advice and direct assistance to the Oceanic Community through SOC member governments, either individually or collectively, in using living marine resources in the most productive and responsible manner possible. Activities include fisheries stock assessment (for both reef fisheries and highly migratory fish stocks), marine ecosystem research for reef and pelagic fisheries, small scale tuna fisheries development support, coastal fisheries management support and fisheries information and databases within the area of competence.

  Two fisheries programmes form the framework for SOC’s fisheries activities. These are the Coastal Fisheries Programme and the Oceanic Fisheries Programme.

• The Pesca Fisheries Organization (PFO) - The objectives of the PFO include: (i) conservation and optimum utilization of the species covered by the Convention; (ii) promotion of regional cooperation and coordination in respect of fisheries policies; (iii) securing of maximum benefits from the living resources of the region for their peoples and for the region as a whole and in particular the developing countries; and (iv) facilitating the collection, analysis, evaluation and dissemination of relevant statistical scientific and economic information about the resources covered by the Convention.

  The functions of the Organization include, inter alia: (i) harmonization of policies with respect to fisheries management; (ii) cooperation in respect of relations with distant water fishing countries; (iii) cooperation in surveillance and enforcement; (iv) cooperation in respect of onshore fish processing; (v) cooperation in marketing; (vi) cooperation in respect of access to the 200 mile zones of other Parties.

  PFO provides some services to its members allowing them to assess the extent, impact and effects of IUU fishing, such as operation of a regional VMS. However, because PFO does not have a management mandate, as noted above, it is not in a position to indicate activities, priorities or plans in relation to specific issues. It does, however, have important roles such as: the provision of information among member countries and between the countries and the Organization; and assisting members in improving their capacity to manage and develop the oceanic fisheries resources for their benefits.

• The Tuna Fisheries Commission (TFC) - The TFC is a regional fisheries management organisation with regulatory powers and includes members from the region and distant water fishing nations. The TFC’s mandate allows broad scope for it to implement the 1995 UN Fish Stocks Agreement in the region, including through data collection, MCS and trade sanctions. The Commission agrees on management measures to be implemented by its members and is actively taking measures to prevent, deter and eliminate IUU fishing. These actions reinforce the need for the laws and practices of Alpha Islands concerned with implementing the international fisheries instruments, including the IPOA-IUU, to be in place to discharge its responsibilities under the Commission.

• The Regional Environmental Programme (REP) - REP is a regional organization established by the governments and administrations of the region to look after its environment. It has grown from a small programme attached to the SOC in the 1980s into the region’s major intergovernmental organisation charged with protecting and managing the environment and natural resources. Its mandate is to promote cooperation in the region and provide assistance to protect and improve the environment, including the marine environment, and ensure sustainable development for present and future generations.

  The island governments and administrations saw the need for REP to serve as the conduit for concerted environmental action at the regional level. The establishment of REP also sends a clear signal to the global community of the deep commitment of the island governments and administrations towards sustainable development, especially in light of the outcomes of the WSSD.

ALPHA ISLANDS NPOA-IUU

1. ALL STATE RESPONSIBILITIES

1.1 Review of national laws, regulations and practices relating to IUU fishing^[39]

Alpha Islands will undertake a review of its national laws, regulations and practices relating to IUU fishing, with a view to implementing the IPOA-IUU in the most expedient manner possible. Where appropriate, the review will be done in connection with the implementation of the tuna management plan. Because a comprehensive new Fisheries Management Act is under preparation, the review will be focused on the current draft on a priority basis in order that it can be considered by Parliament at an early time. The principal goal of the review is to rationalize and strengthen the legal regime and to make possible the use of all relevant tools in the IPOA "toolbox".

1.1.1 Additional legislative or regulatory authority necessary or desirable to implement the IPOA

The draft Fisheries Management Act will be reviewed to establish the extent to which it contains the following provisions to implement the IPOA-IUU. If it is deficient, consideration will be given to the following areas with a view to giving them legal status through laws, regulations or other instruments, or taking other measures.

1.1.1.1 State control over nationals^[40]

Alpha Islands does not currently prohibit nationals or vessels from supporting or engaging in IUU fishing beyond areas of national jurisdiction, as required by the IPOA-IUU. It is recognized that the term "national" is ambiguous, and could apply to persons and fishing vessels, so Alpha Islands will take measures in respect of both.

For Alpha Islands fishing vessels, and non-national vessels fishing under charter to BAFCO,^[41] a review will be undertaken with the aim of adopting legal requirements (by appropriate instrument - law, regulation or other) to require licences for vessels that fish on the high seas, to make reports consistent with requirements of the 1995 UN Fish Stocks Agreement and requirements of the TFC, complying with boarding, inspection and observer requirements on the high seas, and prohibiting the vessels that fish on the high seas from engaging in IUU fishing or undermining conservation and management measures of designated^[42] regional fisheries management organizations or arrangements (RFMOs). The Fisheries Division will be required to keep certain information relevant to high seas fishing vessels on a register, consistent with standards of RFMOs of which Alpha Islands is a member. The register will, at a minimum, contain the data in section 2.2.1 of this NPOA.

In relation to vessels without nationality fishing on the high seas^[43], Alpha Islands is concerned that this may pose a threat to the stocks subject to the TFC. A legal provision will be considered for inclusion in the draft Fisheries Management Act defining vessels subject to the jurisdiction of Alpha Islands as including stateless vessels, and allowing the prosecution of stateless vessels that are in contravention of or undermining international conservation and management measures on the high seas.

In areas beyond national jurisdiction, the draft Fisheries Management Act prohibits Alpha Islanders from using a non-Alpha Islands fishing vessel or a vessel registered under the Alpha Islands Shipping Act for fishing in an area of the high seas subject to international conservation and management measures of a designated RFMO, if they have knowledge that the vessel has not complied with the measures and has avoided judicial or administrative process, or reasonably suspect that there will be non-compliance. This will be reviewed because of its focus on the vessel alone and not the operator; a possible amendment would be "that the vessel or its operator has not complied..." The provision could also extend to IUU fishing by Alpha Islands nationals in areas under national jurisdiction of other States.

It is recognized that enforcement of such a legal prohibition could be difficult, especially if a foreign boat with no connection to Alpha Islands is involved. Concerns include limited enforcement capacity and potential problems with double jeopardy, where action may be taken against the same person for the same offence by Alpha Islands and the State where the fisheries laws were violated.

1.1.1.2 Sanctions^[44]

Sanctions under current legislation are inadequate, including exceptionally low levels of fines, brief terms of imprisonment, weak forfeiture provisions, no mandatory licence revocation or banning orders. Sanctions reviewed will include provisions in the draft Fisheries Management Act, other legislation and policy and economic-oriented measures. The objective is to assess whether the sanctions are of sufficient severity to effectively prevent, deter and eliminate IUU fishing and deprive the offenders of the benefits accruing from such fishing.

The review of the draft Fisheries Management Act will ensure that the level of fine is appropriate, and consistent with the level of fines elsewhere in the region. The level of fine for non-reporting or misreporting will be reviewed (including by reference to similar fines in the region) in order to better enforce against IUU fishing, including by use of catch certification schemes, and landing and transshipment documentation requirements. A schedule of penalties for compounding offences will be drawn up, and detailed provisions prepared regarding the seizure, sale and forfeiture of items used in the offence. Special attention will be paid to the list of serious violations in Article 21(11) of the 1995 UN Fish Stocks Agreement, in order to ensure that Alpha Islands penalties for such offences are at the appropriate level. Fines and penalties for Alpha Islands nationals and vessels engaging in IUU fishing beyond areas of national jurisdiction will be introduced.

The best legal mechanism for implementing trade sanctions, prohibition of port calls or landings or other relevant sanctions against IUU fishers and fishing vessels will be reviewed, and this would accommodate the need for fast and effective action, especially on the recommendation of the TFC.

1.1.1.3 Eliminating subsidies or other economic support to IUU fishers^[45]

Economic policies, laws and practices, including those relating to the expansion of the industrial fisheries, will be reviewed to ensure that economic benefit or support is not provided to Alpha Islands companies, vessels or persons involved in IUU fishing.

1.1.1.4 Evidentiary standards and admissibility^[46]

The evidentiary provisions of the draft legislation will be reviewed with a view to ensuring that they include reference to evidence from new technologies such as ALCs, vessel monitoring systems VMS and digital photography with time/date stamps. Provisions should also allow the admission of evidence taken in areas beyond national jurisdiction, including high seas boarding and inspection by a non-national inspecting officer. To facilitate the introduction of evidence, a system of certificate evidence will be considered, in accordance with regional standards.

1.1.1.5 Monitoring, control and surveillance^[47]

The draft Fisheries Management Act will be reviewed, in light of Alpha Islands current and future international obligations, with the aim of introducing requirements including:

• installation and maintenance of ALCs and compliance with any requirements of a VMS system consistent with international standards;

• boarding and inspection on the high seas consistent with international law, recognizing the rights and obligations of masters and of inspection officers;

• observer programmes with relevant national, regional or international standards, including for Alpha Islands vessels on the high seas; and

• reporting requirements consistent with requirements in the international instruments for areas within and beyond national jurisdiction.

1.1.1.6 Strengthening control over foreign fishing

It is current practice in Alpha Islands to enter into access agreements or joint venture arrangements in respect of foreign fishing vessels. Alpha Islands will take measures to ascertain whether a foreign fishing vessel under either arrangement has been involved in IUU fishing, and if so will disqualify that vessel or joint venture partner from any further role in the fisheries sector. The access agreements will be reviewed with special attention to the terms and conditions that prevent, deter and eliminate IUU fishing by vessels fishing under its terms, and ensure that there are rigorous provisions relating to flag State responsibility. A policy is being developed that will give priority for fisheries access to those flag States that consistently exercise their responsibilities in accordance with the IPOA-IUU and support the work of RFMOs in the region.

In addition, the minimum terms and conditions of fisheries access in the draft Fisheries Management Act will be reviewed to ensure effective action against IUU fishing. They will include requirements to install and maintain ALCs, reporting requirements, and observer coverage, port calls and inspection at the direction of the Fisheries Division.

1.1.1.7 Strengthening control over landings and transhipments

Notification requirements for landings and transshipments will be reviewed to ensure adequate opportunity for inspection. The legal authority to prohibit landings and transshipments in a timely and effective manner will be reviewed.

1.1.1.8 Strengthening control over exports

Alpha Islands has no legal provision authorizing or requiring the denial of an export permit in the event the fish were caught in an IUU fishery, nor any offence for an exporter to trade in such fish. A provision to that effect will be prepared for the draft Fisheries Management Act.

1.1.1.9 Implementation of obligations under RFMOs

Legislative authority to deter IUU fishing that undermines conservation and management measures adopted or recommended by any RFMO to which Alpha Islands is party will be reviewed and appropriate provisions proposed for the draft Fisheries Management Act. One such provision could be to prohibit any person from landing, importing, exporting, selling, buying etc. any fish taken contrary to the international conservation and management measures adopted by a RFMO to which Alpha Islands is party^[48]. Sanctions would be severe, including high fines, and forfeiture as applicable.

In addition, cooperation within the TFC, when it enters into force, to develop catch certification schemes will be undertaken to facilitate detection. The draft Fisheries Management Act will be reviewed to ensure the appropriate inspection and reporting requirements are sufficient, and the sanctions are deterrent.

A possible constraint in adopting and implementing the above amendments is the economic focus on government policy, and desire to attract investment. However, the current government also supports the goal of sustainable fisheries coupled with a punitive fine.

1.1.1.10 Implementation of International Law^[49]

Alpha Islands has not extensively implemented the international or regional instruments to which it is party in current legislation. The draft Fisheries Management Act will be reviewed methodically to ensure maximum effectiveness in implementation. Further action regarding implementation of the post-UNCED instruments is described under section 1.3.

1.1.2 Review of Practices relating to IUU fishing

1.1.2.1 State control over nationals^[50]

Alpha Islands will maintain a register of the operators or beneficial owners of vessels flying its flag, including their nationality. In this way Alpha Islands can identify its nationals should a vessel be involved in IUU fishing. Alpha Islands will encourage other island States in the region and RFMOs to maintain the same information base, and encourage cooperation and information exchanges for purposes of controlling nationals who may be involved in IUU fishing.

Alpha Islands nationals generally do not flag vessels under the jurisdiction of a State that does not meet its flag State responsibilities. However, some countries in the region operate open registers that include several fishing vessels, and those countries do not meet their flag State responsibilities. Alpha Islands will raise this issue at the annual regional forum of heads of government, in an effort to encourage those countries to meet their flag State responsibilities.

1.1.2.2 Vessels without nationality^[51]

Alpha Islands is not a member of the International Maritime Organisation but will support any effort of that body to prevent vessels from becoming stateless during their transfer to a new flag.

1.1.2.3 Non-cooperating States^[52]

Alpha Islands will cooperate with all RFMOs to which it belongs to prevent, deter and eliminating the activities of non-cooperating States which engage in IUU fishing. This will include implementing trade and other sanctions recommended by the TFC.

1.1.2.4 Economic incentives^[53]

Economic support will be withheld from companies, vessels and persons that are involved in IUU fishing. In particular, duty-free fuel will be denied to any fishing vessel involved in IUU fishing.

1.1.2.5 Monitoring, control and surveillance^[54]

The increasing cooperation between the Alpha Islands Fisheries Division and Navy will continue, and sub-regional programmes to train observers, port samplers and fish quality control auditors will be attended by an increasing number of Alpha Islanders. Training of naval personnel in boarding and evidence-gathering will continue, and Alpha Islands Navy, Fisheries Division, Attorney General’s Office and judiciary will participate in in-country fisheries prosecutions workshops conducted with regional assistance. Reporting requirements will be reviewed and strengthened. Reporting requirements for the highs seas, and the information database of licences and registers will be upgraded. Cooperation through regional agencies on information collection and sharing and cooperative enforcement (including VMS) will be strengthened. Cooperation with international organizations and networks, such as FAO and the MCS networks, will be strengthened.

The Tuna Management Plan currently being developed includes a substantial section on MCS, which details the strategies and plans for both coastal commercial fisheries and industrial fisheries. For the first time, one of the criteria in licence allocation will be compliance with the law and international conservation and management measures.

Under the new legislation, regulations will be developed designating rules, procedures and standards for confidentiality and ownership of information.

A working group comprising officials from the Fisheries Division, Navy, Attorney General’s Office and Foreign Affairs will be established to review a draft regional plan for boarding and inspection on the high seas, to be presented at the next session of the TFC. It is anticipated that training and additional capacity will be required for the high seas activities.

1.2 General measures needed to conform national laws, regulations and practices to international standards

General measures needed to conform national laws and regulations to international standards consist of the reviews and amendments described in paragraph 1.1 of this section.

1.3 Plans to become party to and/or implement relevant international instruments

Alpha Islands plans to adhere to the 1993 FAO Compliance Agreement.

1.4 Measures to improve State control over nationals

Measures will be taken to improve State control over nationals, based on the review described in paragraph 1.1.1.1 of this section, above.

1.5 Measures to deal with vessels without nationality that conduct IUU fishing

Alpha Islands will approach this mainly in the context of regional or international cooperation, as noted in paragraph 1.1.2.1 above.

1.6 Elimination of subsidies and other economic support relating to IUU fishing

The measures taken to eliminate subsidies and other economic support relating to IUU fishing are described in paragraphs 1.1.1.3 and 1.1.2.4 above.

1.7 Measures to improve monitoring, control and surveillance

Measures to improve monitoring, control and surveillance are described in paragraphs 1.1.1.5 and 1.1.2.5 above.

2. FLAG STATE RESPONSIBILITIES

2.1 Measures to improve registration system for fishing vessels

2.1.1 Keeping register current

Alpha Islands currently has regulations that require registration of coastal commercial and industrial fishing vessels. The draft Fisheries Management Act will require registration of all fishing vessels, as well as ALCs. The database will be expanded, with the technical assistance of the PFO, and institutional responsibilities will be structured to allow timely updating of the register.

2.1.2 Control of registered vessels

Alpha Islands will take measures to ensure its ability to control vessels before granting registration. This will include the following.

2.1.2.1 Sufficient registration information

Alpha Islands will continue to implement regional and international standards in requiring information for vessel registration, including information for national registers and relevant regional registers, such as the regional VMS register and the regional register of foreign fishing vessels.

2.1.2.2 Measures to deny registration

Measures will be adopted that allow registration to be denied to a fishing vessel that has been convicted of IUU fishing, or, if registered, that will allow the vessel to be deregistered upon conviction or require deregistration if a vessel carries more than one registration.

2.1.2.3 Further control measures

As the law is reformed, further measures will include requirements for fishing beyond areas of national jurisdiction such as licensing, reporting, observers and the installation of ALCs for all vessels.

2.1.3 Coordination of government activities

Regularized communication will be established between the Fisheries Division and the Shipping Office, responsible for vessel registration. Where information on the past activity of a fishing vessel seeking registration indicates it was involved in IUU fishing activities, appropriate steps can be taken.

2.1.4 Review of chartering arrangements

Although all vessels currently fishing fly the Alpha Islands flag, measures will be taken to ensure Alpha Islands can maintain control, in areas beyond national jurisdiction, of vessels fishing under joint ventures or chartering arrangements. Such measures will require transparent chartering arrangements to ensure clear, current and accurate information is provided, and the following legal provisions will be considered:

• requiring that the chartered vessels take on the nationality of Alpha Islands - that is, be registered in Alpha Islands and fly its flag - for the duration of the charter arrangement; or

• requiring the charter arrangement to make both Alpha Islands and the flag State responsible for controlling the high seas fishing conducted pursuant to a charter arrangement.

The charter arrangement could, for example, provide express authority for both States to board and inspect the vessel on the high seas and require reporting of catch data to both States. The draft Fisheries Management Act, in which the "operator" of a vessel is liable for most offences, defines operator as the owner, charterer and master. This means that the charterer may be prosecuted if IUU fishing takes place.

2.2 Creation of a comprehensive record of fishing vessels

2.2.1 Data for registration of high seas fishing vessels

The following data will be included in the registration of fishing vessels authorised to fish on the high seas:

• name of fishing vessel, registration number, previous names (if known) and port of registry;

• previous flag (if any);

• International Radio Call Sign (if any);

• name and address of owner or owners;

• where and when built;

• type of vessel;

• length;

• name and address of operator (manager) or operators (managers) (if any);

• type of fishing method or methods;

• moulded depth;

• beam;

• gross registered tonnage;

• power of main engine or engines.

2.2.2 Submission of data to FAO

Submission of the above data to FAO will be arranged on a regular basis, noting that information on the last six points (from name and address of operator) will be submitted to the extent practicable.

2.3 Measures requiring authorization to fish

The subsistence fisheries do not require licences to fish, but all others do. Because of the importance of subsistence fisheries and traditional management to Alpha Islands, this policy will not change. However, authorizations to fish for all other fisheries will continue to be required, and the draft Fisheries Management Act will require licences for fishing in areas beyond national jurisdiction.

2.4 Measures to control transport and support vessels

The law will be amended so that Alpha Islands transport and support vessels that have been involved in IUU fishing in Alpha Islands waters or an area of the high seas subject to international conservation and management measures will be subject to prosecution and mandatory licence revocation. For such vessels not registered in Alpha Islands, but carrying out related activities in Alpha Islands waters, the law will be amended to require licence revocation. At-sea transhipment of fish by purse seiners is not allowed in the region.

2.5 Other control measures

Vessel and gear marking requirements will be reviewed and, as appropriate, strengthened. International and regional standards will be applied.

3. COASTAL STATE MEASURES

3.1 Measures to combat IUU fishing in Alpha Islands waters by foreign vessels

Alpha Islands is taking measures to combat IUU fishing by foreign vessels primarily through strengthened regional cooperation. This is being achieved primarily through regional databases and information, enforcement cooperation and establishment of a VMS system. The establishment of the TFC will enhance this cooperation. As a priority, the draft Fisheries Management Act will be reviewed and prepared as a Bill for introduction into Parliament.

3.2 Cooperation with other States in the region

Regional cooperation described above will be enhanced by sub-regional and bilateral cooperation in reciprocal and joint surveillance and enforcement measures. An agreement with one of Alpha Islands’ neighbours is planned with the aim of using Alpha Islands patrol boats to undertake joint enforcement activities in the waters of both Island countries.

4. PORT STATE MEASURES

4.1 Improvement of port State measures to combat IUU fishing

4.1.1 Advance notification for port access

Alpha Islands will, by regulation, require foreign fishing vessels to provide advance notification in seeking port access.

4.1.2 Inspection of foreign vessels in port

Inspection of foreign vessels in port (including those that are not licensed to fish but come for duty free fuel) will be intensified, following recent training on boarding and inspection by the regional organizations. As the TFC expands its work and possibly adopts catch certification schemes, a future priority will be to develop inspection capacity and train inspectors about the relevant documentation.

4.1.3 Evidence indicating IUU fishing

Where evidence is found indicating that a foreign vessel in port has encouraged or supported IUU fishing, a procedure will be developed to enable effective measures to be taken, including prohibition on landing or transshipment.

4.1.4 Denial of port access

Procedures will be developed to allow the denial of port access to foreign vessels suspected of engaging in or supporting IUU fishing.

4.2 Cooperation with port States to combat IUU fishing

Alpha Islands will continue to cooperate mainly through regional organizations with other island port States to agree on mechanisms and information exchange to combat IUU fishing.

4.3 Implementation of port State measures adopted by RFMOs

Alpha Islands will implement port State measures that may be adopted by the TFC and any other relevant RFMOs.

5. INTERNATIONALLY AGREED MARKET-RELATED MEASURES

5.1 Implementation of market-related measures adopted by RFMOs

5.1.1 Provision of information to RFMOs

Alpha Islands will provide information to the CCT and other relevant RFMOs as appropriate on vessels suspected of IUU fishing in their respective Areas of Competence.

5.1.2 Import restrictions

Measures will be taken to restrict imports of fish and fish products from vessels and/or States identified by RFMOs, especially CCT, as engaging in or supporting IUU fishing.

5.1.3 Catch documentation schemes

Measures will be taken to implement the catch documentation and certification schemes for Alpha Islands vessels that are adopted by CCT and any other relevant RFMO to which Alpha Islands may become a member.

5.2 Implementation of other market-related measures

5.2.1 Transparency measures

Technical assistance will be requested to develop measures to improve the transparency of markets to allow the traceability of fish and fish products.

5.2.2 Information dissemination

As part of the capacity building project, Alpha Islands will mount an information programme to disseminate information on IUU fishing to individuals and companies whose activities are related to fishing.

5.2.3 Prohibition in law

An amendment to the draft Fisheries Management Act will be drafted as described in section 1.1.1.9, above, that makes in a violation to conduct business or trade in fish or fish products derived from IUU fishing.

6. IMPLEMENTATION OF IPOA-IUU THROUGH RFMOS

Alpha Islands will continue to work through RFMOs to implement the IPOA-IUU. It will support proposals made for activities such as the following, and implement any decisions taken to the extent possible. As appropriate, further technical assistance may be sought to further these endeavours.

Alpha Islands considers existing RFMOs to be in the forefront of taking measures to implement the IPOA-IUU, with the exception of the nascent TFC. It is expected that the TFC will be well positioned to implement the IPOA-IUU through, inter alia, information mechanisms, MCS, and dealing with non-member fishing, develop documentation and certification schemes. Alpha Islands will be an active participant and will strive to implement the decisions of the Commission effectively and expediently.

7. SPECIAL REQUIREMENTS OF DEVELOPING COUNTRIES

This Part of the IPOA, which relates to participation in efforts to assist developing States, and give bilateral assistance to developing States, is not relevant for the NPOA of Alpha Islands because it calls upon donors. However, Alpha Islands supports the establishment of a voluntary trust fund, and acknowledges and values the assistance given to date including by FAO programmes such as FishCODE, which has a component to support the implementation of the IPOA-IUU fishing.

WORKSHEET: ALPHA ISLANDS NPOA-IUU