REPORT ON THE PROCEEDINGS OF FAO/SOUTHWEST INDIAN OCEAN COMMITTEE/WORKSHOP ON LICENSING & CONTROL OF FOREIGN FISHING

May 1984
RAF/79/065/WP/11/84

Mahe, Seychelles
21-26 May 1984

1. PROCEDURAL

a. OPENING OF THE WORKSHOP

b. APPOINTMENT OF CHAIRMAN

c. ADOPTION OF AGENDA

2. THE FISHERIES OF THE SOUTH WEST INDIAN OCEAN ISLANDS AND POTENTIAL FOR FOREIGN FISHING

a. RESOURCES

b. EXISTING FISHERIES

Seychelles

Mauritius

Madagascar

Sri Lanka

Maldives

Somalia

c. POTENTIAL

3. FOREIGN FISHING ACCESS AND CONTROL

a. PROVISIONS OF THE LAW OF THE SEA - CONVENTION ON FISHERIES JURISDICTION AND ACCESS

a) Mauritius

b) Madagascar

d) Seychelles

e) Somalia

f) Sri Lanka

b. DELIMITATIONS AND MANAGEMENT OF AREAS OF DISPUTE

c NATIONAL EXPERIENCES WITH FOREIGN FISHING

a) Seychelles

b) Somalia

d EXPERIENCES ELSEWHERE, SOLUTIONS TO PROBLEMS IN THE REGION

South Pacific

Caribbean

c. FORMS OF ACCESS

f ACCESS FEES AND OTHER BENEFITS

g CONTROL

4. PROSPECTS FOR REGIONAL COOPERATION

a) EXCHANGE OF INFORMATION

Statistics

Agreements

Regional Grid

General

b. SURVEILLANCE

Markings

Regional Surveillance

c REGIONAL REGISTER

d. CONDITIONS OF ACCESS

Minimum Conditions

Common Approaches to Fees

e REGIONAl LICENSING

5. CONCLUSION

a RECOMMENDATIONS

b IMPLEMENTATION OF RECOMMENDATIONS

c REPORT

d CLOSING

LIST OF DOCUMENTS

ANNEX 1

ANNEX 2

LIST OF PARTICIPANTS

MADAGASCAR

MALDIVES

MAURITIUS

SEYCHELLES

SPFFA

SOMALIA

SRI LANKA

FAO STAFF

S.W.I.O.P. STAFF

COMOROS

ANNEX 3

AGENDA

1. Procedural

2. The Fisheries of the Southwest Indian Ocean Islands and Potential for Foreign Fishing

3. Foreign Fishing Access and Control

4. Prospects for Regional Cooperation

1. PROCEDURAL

a. OPENING OF THE WORKSHOP

The Workshop was opened by the Minister for National Development, Mr. Jacques Hodoul who welcomed the participants to Seychelles. In his speech he stressed the importance of and need for a regional approach to licensing and control of foreign fishing vessels and the importance of data collection for research and management purposes. He said he would follow the proceedings of the workshop with interest and he looked forward to seeing the outcome of the workshop. The Minister's speech is Annex 1 to this document.

Mr. David Ardill, South West Indian Ocean Project Team Leader replying on behalf of the Director-General of FAO, Dr. Edouard Saouma, thanked the Government of Seychelles for hosting the workshop. He brought to the attention of guests and participants that this was the second regional MCS activity organized by SWIOP, and that these, as well as the related missions in the interim period, had been funded largely through the FAO/Norway Cooperative programme. A list of participants is contained in Annex 2.

b. APPOINTMENT OF CHAIRMAN

Mr. Maxime Fayon, Executive Chairman of the Seychelles Fishing Authority, was elected Chairman of the workshop. Dr. Henri Andriambololona was elected Vice-chairman.

c. ADOPTION OF AGENDA

The agenda contained in Annex 3 was adopted. The Chairman expressed his opinion that the workshop should additionally address the question of unification of purpose with respect to representation of the South West Indian Ocean region at the World Fisheries Conference in Rome. He noted that a Regional Research/Stock Assessment programme is needed since nothing is being done at present.

2. THE FISHERIES OF THE SOUTH WEST INDIAN OCEAN ISLANDS AND POTENTIAL FOR FOREIGN FISHING

a. RESOURCES

The SWIOP Team Leader explained the state of tuna fisheries in the South West Indian Ocean. He referred to the conclusions drawn from the workshop in Shimizu in 1979 but noted that increasing effort on bigeye stocks has not resulted in increased total catches.

Information from longline fisheries has been available from the early 1960's and it appears that yellowfin and bigeye are being exploited at levels approaching a maximum.

Previous estimates of skipjack stock sizes in the Western Indian Ocean are both out of date and based on insufficient scientific information. However, it is considered that skipjack stocks are at present underexploited. He also noted that the newly developing purse seine fishery has not yet provided sufficient information on which estimates of stock sizes for the various species can be made.

b. EXISTING FISHERIES

The Chairman requested delegates to outline the current fisheries in their countries. Seychelles, Mauritius, Sri Lanka, Madagascar and Maldives responded with oral submissions to the workshop.

Seychelles

Seychelles described the development of foreign fishing by French, Spanish and Ivory Coast registered purse seine vessels. It was noted that approximately 50 000 mt was caught between November 1982 and April 1984 by up to 18 vessels. In addition up to 100 Korean long line vessels have been granted short term licences (2-4 months) between 1982 and 1983 and have caught a total of 16 000 mt.

Mauritius

Mauritius explained that one purse seine vessel is operating throughout the South West Indian Ocean and is supplying 50% of the raw material for their canning industry which has a capacity to use 6 000 mt annually. The remainder is being imported from the Maldives.

Madagascar

The delegate explained that the principal fishery involving foreign interests remains the shrimp industry but that his government is exploring possibilities for joint ventures or other forms of foreign participation in tuna exploitation.

Sri Lanka

Sri Lanka pointed out that the present exploitation of tuna resources, which is approximately 30-35 000 mt/annum from the coastal fishery, has limited scope for further expansion. Early attempts at pole and line exploratory fishing offshore had limited success. However, his government would look favourably at any proposals for foreign fishing whether through joint venture or access.

Maldives

The delegate described how the small scale commercial pole and line industry for tuna operates. He pointed out that the previous involvement of Japanese concerns in transhipment has now ceased and that government undertakes the collection and marketing of tuna for export. He noted that there has been a decline in catch in recent years but that experiments with FADs have proved successful. He could not comment on the attitude of his government to foreign fishing.

Somalia

The delegate described how, between 1978 and 1981, licences have been issued to Italian, Greek and Egyptian vessels. Conditions of access were daily reporting of position and catch and inspectors (and sometimes trainees) on board every ship. From 1981 to 1983 no licences have been issued but in 1984, South Korean longliners are being issued with three-month licences. However, his Somalia Government is now more interested in joint ventures. Surveillance is undertaken by the Navy and Airforce.

c. POTENTIAL

The SWIOP Team Leader reviewed the comments of delegates and suggested that national fishing be developed in an appropriate manner and in the first instance, should be aimed at the inshore stock of tuna.

3. FOREIGN FISHING ACCESS AND CONTROL

a. PROVISIONS OF THE LAW OF THE SEA - CONVENTION ON FISHERIES JURISDICTION AND ACCESS

The workshop was invited to review the following documents by Professor W.T. - Burke:

  1. The UN Convention on the Law of the Sea: Impacts on Tuna Regulations;
  2. Fisheries Regulations under Extended Jurisdiction and International Law.

The provisions of the Convention on the Law of the Sea were reviewed together with the nature of the rights and obligations of the coastal states.

The workshop noted the wide discretionary powers which coastal states have in determining the total allowable catch and the flexibility afforded them in deciding upon allocation of any surplus stocks. It also noted that some national fisheries control measures could conflict with the provisions of the Convention on rights of navigation.

The following country situations were reported:

a) Mauritius

200 miles EEZ, 12 miles territorial sea. A boundary has been delimited with Reunion but not yet with Seychelles.

b) Madagascar

Has not ratified the Law of the Sea Convention.
New regulations on territorial sea from 50 miles to 12 miles and EEZ from 150 miles to 200 miles.
Has not solved its problem with France regarding owner-ship of the channel islands and delimitation with Mozambique is still
The EEZ is defined by a rectangle of which the East and West sides are approximately 200 miles from the outermost points on the Eastern and Western sides of the islands.

d) Seychelles

200 miles EEZ and 12 miles territorial sea but no formal agreement with foreign countries up to now concerning delimitation. Licensed foreign fishing vessels are prohibited from fishing in territorial sea and in the case of purse seiners less than a depth of 200 metres.

e) Somalia

200 miles EEZ which is not delimited with respect to neighbouring zones.
24 miles territorial sea.

f) Sri Lanka

200 miles EEZ with median line agreed between Maldives and India.

b. DELIMITATIONS AND MANAGEMENT OF AREAS OF DISPUTE

Defined control state fishing zones were recognized as a requirement of foreign fisheries management. It was generally agreed that in the absence of a definitive agreement, provisional or interim arrangements are preferable between two states as far as possible. This could lead to the establishment of special regimes with respect to disputed areas.

It was recommended that where there was no definitive delimitation, the States concerned should make every effort to enter a provisional arrangement for delimitation in accordance with section 74.3 of the Law of the Sea Convention.

c NATIONAL EXPERIENCES WITH FOREIGN FISHING

a) Seychelles

Has signed fishing agreements with governments of Spain, the European Community and private fishing agreements with the Ivory Coast for purse seining and South Korean companies for longlining.
The licence fee for purse seining is based on a percentage of the value of the catch whether fished inside or outside of the zone. The Korean longliners pay a straight fee of 60 rupees per GRT per month.

The frequently arduous process of negotiation was described along with the lessons that have been learned from it for future negotiations.
Seychelles is the only country in the region with an organised and functional EEZ Control Centre. The Centre has the following functions:

  1. Inspection of all foreign fishing vessels entering Port Victoria.
  2. High sea inspections.
  3. Aerial surveillance.
  4. Obtaining and analysing reports from fishing vessels.
  5. Secondary functions include:
    1. Search and Rescue
    2. Fish spotting and pollution control.

The Seychelles experience was described as very positive in that a small country had managed to control a vast EEZ. Such an experience could be followed by the other countries of the region.

b) Somalia

Between 1978-81 Somalia signed fishing agreements with Italy, Egypt and Greece. The licence fee was based on 20% of the catch. This was recently replaced in favour of Joint Ventures with Italy.

In addition, Somalia has recently licensed Japanese and South Korean longliners fishing in the zone. The licence fee is U.S, $ 5 000.00 per month based on a 3-month licence period.

d EXPERIENCES ELSEWHERE, SOLUTIONS TO PROBLEMS IN THE REGION

South Pacific

The workshop was invited to review the paper on the "Harmonisation of Fisheries Regimes The Pacific Islands Experience". The formation of the South Pacific Forum Fisheries Agency (FFA), was also described.

The FFA is controlled by the Fisheries Committee of the South Pacific Forum, a political grouping whose members are Australia, Cook Islands, Federated States of Micronesia, Fiji, Kiribati, Nauru, New Zealand, Niue, Papua New Guinea, Solomon Islands, Tonga, Tuvalu, Vanuatu and Western Samoa. (In addition, Palau and Marshall Islands are participating observers).

Faced with the dominance of the traditional and newly developing fishing patterns of the distant water fishing nations (mainly Japan and U.S.A.) in their EEZs, but with lack of finances to develop their own fishing capability, the nations realised that regional cooperation would be necessary for effective management of foreign fishing and the development of their own participation in the fisheries.

Minimum terms and conditions of access by foreign vessels were established in order to prevent Coastal States from being played one against the other. A Regional Register was set up as a compliance control method and as the primary input to a Fisheries Management Information System.

Early forms of access fee payments were based on the lump sum method but this is gradually being replaced by fees based upon estimated catch value per fishing trip. The estimation of catch value, especially with respect to the longline fisheries, has been found to be a complex matter.

Distant water fishing nations are now coming to terms with the Coastal States of the South Pacific and with the Forum Fisheries Agency and the situation is becoming more stable.

Caribbean

The afternoon session began with a discussion of regional co-operation in the Caribbean. The workshop heard about FAO's programme to assist Caribbean countries in establishing mechanisms for effective fisheries management. The programme focuses on groupings of countries in "natural management areas", the first of which has been the Organization of Eastern Caribbean States (OECS).

The first activity of the OECS group was to draft a basic fishery law that could be used by all of them. The law provided for regional use of expertise and regional licensing. This has been followed by a small training programme and it is now intended to establish a fisheries desk in the OECS and to expand the programme to CARICOM which includes Guyana, Belize and the larger islands. A coordinated surveillance programme is now planned, based on some patrol vessels three of the countries have received, and there are other plans for the use of defence force equipment.

c. FORMS OF ACCESS

The paper entitled "Forms of Foreign Participation in Fisheries" was introduced. Use of joint ventures as a means of gaining access to fisheries was discussed and it was suggested that this could become a concern if preferential access were granted to vessels from the region.

A paper by Gerald Moore, "The Respective Roles of Fisheries Laws, Regulations, Access Agreements and licence Conditions" was introduced and the use of each of these legal forms was briefly explained.

The paper entitled "The Role of Fishing Access Agreements" was introduced. Reference was made to Article 62(4) of the Convention on the Law of the Sea, which lists examples of conditions to which foreign fishing may be subjected, and the usefulness of agreements as a means of imposing those conditions which are difficult to write into a law was pointed out. Other examples were suggested such as reports on high-seas activity, that may be beyond national legislative power but could be the subject of agreement.

One of the main uses of agreements is in compliance control, where growing Flag State responsibility is foreseen. Another is to ease administration, as through the collection and payment of lump sums.

The experiences of the Solomon Islands with Japan, Korea and Taiwan were described as was a case of flagrant non-compliance by Taiwanese vessels chartered to a company in that region. This was satisfactorily resolved after an agreement was negotiated with Taiwanese authorities.

On the question of agreements with countries whose governments are not recognized, the workshop heard of an Australian agreement with a Taiwanese fishing guild and of another arrangement with a Korean company where there were no diplomatic relations.

It was noted that access agreements provide a means of political and not just technical control of a fishery. There may also be the basis for aid and training that individual license could not provide. It was further noted that access agreements could be heavily weighted against those coastal states who were inexperienced in negotiations. It was suggested that, until the necessary experience was gained, access agreements should be limited to short periods of one or two years.

It was pointed out that many situations existed in the region where an agreement would not be possible or useful, but it was agreed that access agreements offered considerable advantages in compliance control. It was suggested that wherever possible, only vessels that were subject to an access agreement should be eligible for a licence in the region (except for limited feasibility and similar fishing).

f ACCESS FEES AND OTHER BENEFITS

The workshop turned to the item of access fees. The Chairman drew the attention of participants to the paper entitled "Fisheries Access Fees". This categorized access fees as lump sum payments, taxes on effort and taxes or royalties on catch. The final type was considered difficult to put into practice.

Experience with lump sum and per-vessel payments in the South Pacific was described. Lump sums were abandoned because of the difficulties which this method caused the long line fleet, so pressure was applied to get fees based on the vessel or anticipated catch.

An effort was then made in the South Pacific to calculate an appropriate fee per vessel per trip. The workshop heard of the difficulties in determining a proper price for calculating the value of the catch (e.g. different prices in different ports), and then in determining likely catches according to type of vessels.

When a likely catch value has been determined, the Coastal States try to negotiate payments equal to a "fair return" to them. They have sought 5% which they have been able to achieve only in a combination of cash and goods and services.

The Japanes? system of controlling their own vessels was described. All Japanese vessels belong to cooperative associations which in turn belong to a national organization. They have to report daily to their own associations, a practice tied into the marketing system. This has produced information that allowed price indexes to be constructed by ports and species.

Other sources of information include the required Japanese logsheets, logsheets returned to the South Pacific Commission, Japanese fishing journals with published prices, in addition to special studies.

Given the great information requirements of the South Pacific per-vessel fee system, the use of lump sums was recommended in the early years. It was suggested that a strong regional agency would be necessary to gather such information. The extra fees that had been achieved through negotiations on the basis of information gathered and analysed by the FFA were illustrated.

A lump sump is based on the expected number and size of vessels, expected catch and price and, by implication, a percentage of the product. The advantage of the lump sum is a great saving in administration which may make a lower percentage of value attractive.

Two sub-regional licensing agreements for purse seine vessels were described.

The Seychelles agreements with Spain and European Community were described. Spanish fees are based on the value of the total catch landed in Port Victoria. EC fees are in the form of cash and development aid based on the catch in Seychelles waters.

The question of different forms of compensation including development aid and landings was raised.

Reference was made to the document on "Coastal State Requirements for Foreign Tuna Fishing - Summary tables", Table B indicates the fees obtained by a number of countries, including those represented at the workshop.

g CONTROL

The need for an adequate and effective monitoring and control of fishing activities of foreign vessels was recognised by all participants.

The operational difficulties of actually ensuring such a control were, however, also highlighted. It was reported that the difficulties related to:

  1. the impossibility of differentiating within-EEZ catches from outside-EEZ catches,
  2. the inaccuracy and unreliability of catch estimates made by fishing vessels,
  3. the improper keeping of log books, and
  4. the low cost-effectiveness of the means to be deployed for control purposes.

Ways and means of circumventing these difficulties were then discussed and the following recommendations were made:

  1. the correct formulation of the agreements at the time of the negotiations, and the incorporation of heavy penalties for noncompliance;
  2. utilising a package of complementary measures simultaneously (e.g. self-reporting, verification on landing and transhipments, aerial surveillance and boarding);
  3. cross-checking information provided by one source with similar information obtained from various sources;
  4. formulating and perfecting statistical techniques for treating the raw data.

It was finally agreed that regional cooperation provided a better way of dealing with the problems of monitoring and control if certain conditions regarding information collection and exchange were agreed upon by countries of the region. These conditions as well as the necessary resolutions which will have to be adopted by the countries in order to render effective monitoring and control activities constitute the subject matter of the next section.

4. PROSPECTS FOR REGIONAL COOPERATION

a) EXCHANGE OF INFORMATION

Statistics

The Seychelles participants distributed the various data forms presently in use and noted that the volume of work as far as manual processing was concerned would soon decrease by the coming into operation of a computer for such work.

The workshop was invited to decide on the usefulness of exchanging information and on which type of information was to be exchanged.

As an introduction, the experience of the South Pacific Forum was presented. Common forms were in use over the whole area. Fishing vessels did not report to the Central Agency, but to countries in the waters of which the fish was caught.

Different countries had different ideas of what should be on the form and therefore it was quite difficult to reach a standardized form.

A paper on information needs and uses for licensing and control of foreign fishing was presented. The major information requirement is the long-term potential of the fishery, while stocks are maintained at some level to maximise this. Calculation of MSY have been found to give over-estimates and its calculation was not easy.

Whether regulation of fishing effort is by catch limits, by area and gear and season regulations or through licensing, there are large quantities of information required. It was noted that calibration of effort was yet another problem because effort types changed with the introduction of more and more recent technologies.

It was also to be decided whether benefits were to be maximised from one fishery at the expense of another fishery (seiner - longliner) which might in turn be forced to decline. These and other questions posed required extensive information sources:

  • Vessels and gear, capital and operating costs;
  • catch and effort and their distributions
  • landings and values of catches
  • market information
  • licensing - who and where
  • potential yields and their dynamics; yields are not fixed from year to year
  • current vessel reporting/position and catch
  • other economic, political and social factors.

However, when fishing approaches a level at which measures for conservation become necessary, the method of control through licensing may prove to be the only one feasible.

It was recommended that member states should devise standardised forms for catch statistics to enable easier exchange of information.

Countries should be in position to exchange information on transhipment which could then be used to cross-check radio and other reports. This would be limited to species-wise landings.

There should be standardization in processing information.

All information circulated should be treated as confidential and would only be made available to a third party or published under agreement with each participating country.

It was advisable that Sri Lanka and the Maldives became members of the SWIOC to allow the constitution of a stronger data base.

It was stressed that there should be a strong fishery representation at the next meeting of the IOC.

Regarding negotiating strategies to be adopted, participants took note of the need to:

  1. secure a minimum payment, and
  2. property evaluate the position of the negotiating party before coming to any agreement.

The workshop also recommended that for any regional approach to be effective, there should be as far as possible:

  1. a common minimal negotiating stand by member countries vis-[-vis non-member countries;
  2. the reciprocal granting of a preferential status to member countries within the regional grouping.

Agreements

The Chairman asked participants whether they agreed in principle to the exchange of information on agreements with foreign governments or associations. All did and the workshop therefore recommended that governments in the region agree to notify each other immediately of each fishing access agreement with a government or fishing association, to be followed by a copy of the agreemet. It was considered that the information to be exchanged under this could be more precisely defined following agreement in principle by the governments concerned.

Regional Grid

The workshop discussed various grid systems that could be used in the region. The workshop agreed on the general desirability of adopting a regional grid and decided to ask FAO to make recommendations on the system to adopt.

General

The Chairman suggested that if the countries agreed to exchange information on foreign fishing, they might wish to conclude a convertion on the subject such as the Forum Fisheries Agency had. This could provide for regular consultations and further cooperation among them. At the same time, he noted that much of the exchange of negotiating experience would be accomplished through personal contacts developed in the course of regional cooperation.

b. SURVEILLANCE

Markings

The discussion centred on problems of standardization of vessel markings to aid identification. The main criterion of a regional marking was that it unequivocally identify the vessel throughout the region and that it be clearly visible from a ship or airplane.

The Seychelles explained its system of marking according to the fishing licence number of the vessel. It was pointed out that this would not be appropriate as a regional marking because of the possibility of a vessel's being licensed in several states at different periods.

It was agreed that this would be of benefit to foreign fishing vessels in that they will not have to change identification markings when moving between zones.

The workshop weighed other ways of positively identifying foreign fishing vessels on a regional basis. A decision was taken that the ships' signal letters would be the most appropriate method of identification.

The workshop then considered the best form of display for identification of a vessel from both aerial and surface surveillance.

It was decided that vessels should be required to display the international ship signal letters in a place on both sides of the superstructure where it may best be seen from air and sea in letters not less than 1 metre in height; 40 cms wide in lines of a thickness of 10 cms on a white/black (vice-versa) background.

Regional Surveillance

There was considerable discussion on both the costs and needs of aerial surveillance of national EEZs.

Nations were also asked to gauge their needs for surveillance and consideration was given to the pooling of regional resources.

The workshop noted that this was an issue of considerable complexity requiring both political and highly technical inputs and accordingly could only make the following general recommendation: "Recognizing the necessity for limited aerial surveillance of country EEZs and the high cost thereof, the workshop recommends that countries jointly investigate how they might enhance their national surveillance capabilities in the most effective manner through regional cooperative arrangements".

It was suggested that without surface support, aerial surveillance alone would be inadequate. However, the high cost of surface vessels was noted by the workshop, which considered that the concept of the Regional Register and the use of access agreements while not entirely removing the desirability of surface vessels, would minimise the requirement and make the system more cost-effective.

The workshop explored the possibility of conducting a feasibility study of regional surveillance using an aircraft already in the region or one that might be made available by a manufacturer on concessionary terms. It was decided to request FAO to provide a consultant to design such a feasibility study and to identify possible sources of finance.

This agenda item was closed with a general agreement that pending any formal regional agreement on regional surveillance there should be an informal exchange of information between nations in the region as far as foreign fishing vessel sightings are concerned.

c REGIONAL REGISTER

To take advantage of experiences in other regions in the management and control of foreign fishing vessels, the workshop heard a presentation on the establishment and operation of a Regional Register of foreign fishing vessels in the South Pacific.

In the South Pacific, the countries did not have a national capability to monitor and control foreign fishing vessels and quickly appreciated that only through regional cooperation might they minimise this obstacle to effective management of their EEZs.

They therefore established a register of those foreign fishing vessels who may then apply for licences to fish in the countries of the region.

When a foreign fishing vessel contravenes the fisheries laws of any member country and refuses to be subjected to the due process of law, then subject to certain safeguards, that vessel may be suspended from the register until such time as it complies with the Coastal State requirements.

Registration on the register does not give a right to fish which is determined in the access agreement but only those vessels which are on the register may apply for fishing licences under the access agreement.

The workshop then heard of the initial adverse reaction by fishing states to the Regional Register but recently this attitude has undergone an almost total reversal. This is due to the fact that the register has not only resulted in streamlined licensing and management procedures but is establishing a well-regulated fisheries which is to the advantage of both the fishing and coastal states. Because of the above matters, it may be anticipated that should the SWIO decide to establish a register, it would readily be accepted by the majority of distant water fishing states operating here.

The workshop recognised the benefits to be derived from establishing a Regional Register and recommended accordingly.

Then Mr. Evans from the Forum Fisheries Agency extended an invitation to those countries of the South West Indian Ocean to visit the Agency to see how the Regional Register operates in the South Pacific.

The workshop further recognised that the establishment of national registers of foreign fishing vessels might be an interim step to establishing a Regional Register.

The possibility of coordinating fishing vessel registers in the South Pacific and the South West Indian Ocean was also raised as a means of further enhancing their individual regional capability.

d. CONDITIONS OF ACCESS

Minimum Conditions

The early history of the need for and formulation of Minimum Terms and Conditions for Access to the fisheries zones of the South Pacific was explained. The problems were found to be that countries were being played off one against the other in terms of compliance control, in particular with respect to observers and reporting requirements. Countries felt that regional agreement would help to adjust the imbalance that the small island states had experienced in negotiating with the distant water fishing nations.

It was pointed out that these conditions were advantageous to both the coastal states as well as to the foreign fishermen in that the same procedures for compliance control were applicable when fishing operations occur in more than one zone.

The workshop then heard the minimum terms and conditions of access which were initially proposed by the Nauru Group and which were modified and adopted by all Forum countries as a result of the Suva Workshop on Harmonization and Coordination of Fisheries Regimes and Access Agreements.

Harmonization of minimum terms and conditions for access were in the following areas:

  • Regional Registration of all foreign fishing vessels.
  • Licensing Terms and Conditions:
    1. Licensing procedures
    2. Authorised personnel
    3. Catch reporting and maintenance of logbooks
    4. Current zone activity reports.
  • Identification of licensed vessels.

The Chairman observed that these conditions appear to address many of the problems already identified or expected in the SWIO Region and said he would formally request further information from FFA, and distribute it to the other participating countries.

The workshop recommended that minimum terms and conditions for access should be harmonized within the region.

Common Approaches to Fees

It was explained that access fees and their calculation have a relatively short history in that all nations have had the same length of time to consider the factors involved, and that distant water fishing nations and coastal states are on the same learning curve in this respect.

In the early days in the South Pacific, access fees were paid as a lump sum for whole fleet access (sometimes with catch limitations) based on approximate catch estimates.

The new approach has been to calculate fees per vessel per trip. This has been promoted especially by Japan. The common approach now generally adopted is based on an estimate of the actual value of fish caught in a zone at the point of first sale, to which a certain percentage is applied in order to derive the fee level. The difficulty of obtaining the data necessary to arrive at estimates of catch value was outlined.

The Chairman requested that FAO look into the possibility of help with the determination of market values of fish from the SWIO Region.

e REGIONAl LICENSING

The workshop heard the background to the positions reached so far with respect to regional licensing in the Caribbean and South Pacific respectively.

It was explained that there are various ways of handling regional licensing, not necessarily requiring a central agency.

It was pointed out that regional licensing has certain distinct advantages, especially where surveillance is limited and data from high seas enclaves is required for the purposes of stock management.

It was concluded by the workshop that, in view of the lack of experience of the SWIO countries in national licensing regimes, consideration of regional licensing be deferred at the present time.

5. CONCLUSION

a RECOMMENDATIONS

The workshop approved the principal recommendations that had been made during the previous sessions of the workshop as follows:

  1. The workshop recognises the clear advantages of precise delimitation of national EEZs as a basis for effective fisheries management. In those instances where definitive agreements cannot immediately be concluded, the workshop recommends that the states concerned agree upon provisional measures for delimitation of their respective fisheries jurisdictions in accordance with section 74(3) of the Law of the Sea Convention.
  2. The workshop recognises the considerable advantages of access agreements in compliance control and in obtaining benefits, such as training, that individual licences could not provide. Therefore, it recommends that wherever possible (except for limited feasibility and similar fishing), only vessels that were subject to an access agreement should be eligible for a licence to fish in the region.
  3. The workshop agrees that regional cooperation provides an effective way of monitoring and controlling foreign fishing under certain conditions regarding information collection and exchange. The workshop accordingly recommends the following:
    1. That the countries represented should exchange information on foreign fishing including vessel reports on catch and position, transhipment data and vessel sightings.
    2. To facilitate this exchange it recommends that the countries devise standardized forms for catch statistics and standardized processing of the information.
    3. All information exchanged would be treated as confidential and would only be made available to a third party or published under agreement with each participating country.
  4. The workshop recommends that Sri Lanka and Maldives consider becoming members of the South West Indian Ocean Committee to broaden the base of regional cooperation.
  5. The workshop recommends that there be a strong fishery representation at the next meeting of the Indian Ocean Commission.
  6. The workshop recommends that for any regional approach to be effective there should be, as far as possible, reciprocal granting of a preferential access for the fishing vessels of cooperating countries within the region.
  7. The workshop recommends that governments in the region agree to notify each other immediately of each fishing access agreement with a government or fishing association, to be followed by a copy of the agreement.
  8. The workshop recommends the adoption of a regional grid and requests FAO to make technical recommendations on the system to adopt.
  9. The workshop recommends that fishing vessels be required to display the international ship signal in a place on both sides of the superstructure where it may best be seen from air and sea, painted in characters not less than I metre in height and 40 cms wide in lines of a thickness of 10 cms on a white/black (vice-versa) background.
  10. Recognising the necessity for limited aerial surveillance of country EEZs and the high cost thereof, the workshop recommends that countries jointly investigate how they might enhance their national surveillance capabilities in the most effective manner through regional cooperative arrangements. As a first step, the workshop recommends that participating countries should consider asking FAO to provide a consultant to design a regional feasibility study and identify possible sources of financing.
  11. The workshop recognises the benefits to be derived from establishing a Regional Register of foreign fishing vessels and therefore recommends that the countries of the region cooperate in establishing such a register for the South West Indian Ocean.
  12. The workshop recommends that minimum terms and conditions for access should be harmonized within the region.

b IMPLEMENTATION OF RECOMMENDATIONS

The workshop discussed the different methods of implementation as individual countries, groups of countries and through international organizations. It considered that all of its recommendations were addressed to the South West Indian Ocean Committee and expressed the wish that the Committee would take a leading role in assisting the regional cooperation movement.

In addition, the important role of the Indian Ocean Commission as the common political forum of its member countries was noted. The workshop concluded this item with the adoption of the following additional recommendation:

The workshop recommends that participating countries should urgently seek to identify the most appropriate and effective arrangement for giving effect to the workshop recommendations and to further promoting this initiative of regional cooperation in fisheries.

The workshop identified the following among the avenues to pursue:

  • direct national action;
  • the South West Indian Ocean Committee and its regional development project;
  • united regional participation at the World Fisheries Conference in Rome;
  • Indian Ocean Commission and other cooperative bodies of the region;
  • the fisheries development body that is expected to be formed by the Indian Ocean Commission;
  • other forms of direct cooperation by participating countries, whether or not members of a regional or sub-regional body.

c REPORT

The workshop approved the report of the proceedings and the recommendations and instructed the secretariat to distribute the final version.

d CLOSING

The Chairman closed the workshop, thanking the delegates, observers and organizers for their contributions and expressing confidence that the work they had accomplished would lead to lasting benefits for all of the participating countries.

LIST OF DOCUMENTS

LICENSING AND CONTROL OF FOREIGN FISHING IN SEYCHELLES EEZ CONTROL CENTRE

THE PRESENT FISHERY SITUATION IN THE SEYCHELLES (Seychelles Fishing Authority)

AUTOMATIC DATA PROCESSING FOR LICENSING AND INFORMATION MANAGEMENT OF FOREIGN VESSEL ACCESS FISHERIES

THE SOUTH PACIFIC FORUM FISHERIES AGENCY (SPFFA)

FORUM FISHERIES AGENCY - CONVENTION

SURVEILLANCE AND ENFORCEMENT IN THE 200 MILE DECLARED FISHING ZONE - P.M. LAVENDER (FORUM FISHERIES AGENCY REGIONAL, RESEARCH AND DEVELOPMENT PROGRAMME MEETING - May 4-8 1981, Honiara, Solomon Islands)

INFORMATION NEEDS AND USES FOR LICENSING AND CONTROL OF FOREIGN FISHING - A General Statement - David W. EVANS

CHRONOLOGY OF THE DEVELOPMENT OF THE SOUTH PACIFIC FORUM FISHERIES AGENCY - Regional Register of Fishing Vessels

FISHERY INFORMATION RETRIEVAL SYSTEM

ICCAT LOGBOOK FOR TUNA FISHERY

PARLIAMENT OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA - Fisheries (Regulation of Foreign Fishing Boats) ACT No. 59 of 1979

ETUDE POUR LE DEVELOPPEMENT DE LA PECHE COMMERCIALE AU THON DANS L'OCEAN INDIEN - Rapport No. 2

BASIC FISHERIES STATISTICS 1983 - Ministry of Fisheries, MALE, Rep. of Maldives

COASTAL STATE REQUIREMENT FOR FOREIGN TUNA FISHING - SUMMARY TABLES

L'AUTORISATION ET LE CONTROLE DE LA PECHE ETRANGERE AU MADAGASCAR - Peter J. DERHAM et Lawrence C. CHRISTY (En. and Fr.)

ACCESS CONDITIONS AND COMPLIANCE CONTROL - Dean ROBB

THE RESPECTIVE ROLES OF FISHERIES LAWS, REGULATIONS, ACCESS AGREEMENTS AND LICENCE CONDITONS Gerald MOORE

FORMS OF FOREIGN PARTICIPATION IN FISHERIES: COASTAL STATE POLICY - Lawrence C. CHRISTY

THE ROLE OF FISHING ACCESS AGREEMENTS - Patrick M. LAVENDER

FISHERIES ACCESS FEES

HARMONIZATION OF FISHERIES REGIMES IN THE SOUTH PACIFIC

THE UN CONVENTION ON THE LAW OF THE SEA: IMPACTS ON TUNA REGULATION - Legislative Study No. 26

FISHERIES REGULATIONS UNDER EXTENDED JURISDICTION AND INTERNATIONAL LAW - FAO Fisheries Technical Paper No. 223

ANNEX 1

SPEECH OF MR JACQUES HODOUL, MINISTER OF NATIONAL DEVELOPMENT

Au nom du Gouvernement de la Republique des Seychelles et en mon nora personnel, j'ai le tres grand plaisir de vous souhaiter a tous la plus cordiale bienvenue tout en esperant que vous passerez un sejour des plus agreables parmis nous.

Je tiens tout d'abord a vous dire tout l'interet que notre pays, toujours soucieux de promouvoir la cooperation regionale entre nos pays en voie de developpement, porte a la tenue a Mahe de ce seminaire sur la peche dans le sud-ouest de l'ocean Indien organise par la FAO, organisation des Nations Unies pour l'alimentation et l'agriculture.

Surveillance des zones economiques exclusives dont les ressources relevent de la souverainte de nos etats et octroi de droits d' acces a nos ressources hauturieres aux flottes etrangeres seront les deux themes principaux de votre re flexion pendant les prochains jours. Il s'agit de questions fondamentales pour le developpement et l'exploitation de nos richesses maritimes au profit de nos peuples.

Nos pays, pour la plupart insulaires et ne disposant pas de vastes territoires terrestres, sont souvent demunis de grandes richesses naturelles provenant du sol ou du sous-sol. En revanche, la zone maritime du sud-ouest de l'ocean Indien serait une des plus poissonneuses du monde et en outre recelerait d'autres richesses des grands fonds encore peu explorees et inventoriees. On presume meme que l'ocean Indien constitue la zone thoniere la plus importante du monde. Des chiffres previsionnels semblent deja indiquer que pour l'annee en cours 240,000 tonnes de thons y seront capturees, representant une valeur de 250 million de Dollars!

Or, d'autres zones maritimes, notamment dans le Pacifique et en At lantique, comportaient jusqu'a tout recemment des stocks de thons que d' aucuns qualifiaient d'inepuisables. Pourtant, apres plus d'une decennie d'exploitation a outrance ne visant que trop souvent le profit immediat et des interets a court terme, ces stocks sont aujourd'hui, helas, pratiquement epuises...!

En ce qui concerne l'exploitation et la gestion des stocks de poissons se trouvant dans la zone economique exclusive, dans le secteur adjacent a celle-ci et dans route la region du sud-ouest de l'ocean Indien, la Republique des Seychelles s'en tient a la stricte application des dispositions de la convention des Nations Unies sur le droit de la mer. Je vous invite donc a etudier tres attentivement les articles de cette convention prevoyant des dispositions concernant entre autres, les grands migrateurs dont les thonides et les stocks de poissons se trouvant dans les zones economiques exclusives de plusieurs etats ou dans un secteur adjacent aces zones.

Nos etats respectifs devront fixer le volume admissible des captures de thonides a l'interieur de leurs zones economique exclusive et au-dela de celles-ci. Il vous revient donc, a la lumiere des in formations scientiques disponibles, des statistiques relatives aux captures et a l'effort de peche que vous aurez l'occasion d'echanger et d'evaluer, de faire des recommendations quand aux mesures appropriees de gestion et de conservation pour eviter que les stocks ne soient compromis par une surexploitation.

Aux Seychelles nous avons estime que notre capacite d'exploitation est de loin inferieure a l'ensemble du volume admissible des captures qui sera retenu. C'est pourquoi nous avons accorde a d'autres etats qui ne sont pas de la region l'acces aux ressources qui relevant de notre souverainte par l'octroi de licences de peche. Nous l'avons fait dans le respect de l W esprit de la convention sur le droit de la mer tout en etant convaincus que l'octroi de licences pourrait reduire considerablement les pillages resultant des exploitation non-autorisees.

Cependant, cette meme convention impose des obligations enumerees a l'article 62, aux partenaires beneficiant de licences. Ces obligations sont nombreuses et elles peuvent porter aussi bien sur la fixation de quotas et le type de peche autorise que sur le debarquement des captures. Et pour que ces obligations, aussi bien que routes autres conditions imposees par les licences soient respectees, il est indispensable qu'une cooperation regionale des plus etroites s'instrauze dans le secteur de la peche.

Nos services de surveillance, existant, a perfectionner voire meme a creer, doivent etablir entre eux une etroite collaboration. Il nous faudra aussi mettre sur pied un organisme regional de collecte et d'analyse de donnees. Enfin, nous devrons nous concerter pour developper nos propres capacites de peche et de transformation et nous integrer progressivement dans le circuit de la commercialisation du produit. Car la maitrise d'une technologic adaptee a nos besoins qui nous permette eventuellement de posseder nos propres capacites d'exploitation et de transformation, voila l'ultime objet de tousles efforts que nous consacrons a ce secteur de la peche, primordial pour notre developpement et notre avenir economique.

Il est donc indispensable qu'une cooperation etroite s'etablisse entre les pays riverains de la region, les etats dont dependent les flottes etrangeres, les organismes internationaux tels que la FAO et la CEE et les institutions nationales de recherche telles que l'ORSTOM et leurs equivalents espagnols et japonais.

Il est aussi indispensable que routes les parties concernees soient animees d'une volonte politique commune d'assurer une exploitation harmonieuse et judicieuse des ressources qui tienne compte des interets bien compris et a long terme de tous, mais surtout ceux de nos peuples qui ont un droit au developpement et aux mieux-etre.

Il appartient a nul autre que nous de prendre toutes les dispositions adequates et de nous doter des moyens necessaires pour eviter de nous retrouver en quelques annees dans une situation analogue a celle de l'Atlantique sud ou une concurrence sauvage echappant a tout controle a entraine une surexploitation des stocks, laissant a certains pays riverains des investissements non amortis et non rentables. L'avenir de la peche traditionnelle et les perspectives de developpement du secteur de la peche industrielle sont ainsi compromises.

Ce seminaire sera l'occasion de nombreuses rencontres entre techniciens et professionnels seychellois et leurs homologues etrangers. Je forme le voeu qu'il soit aussi l'occasion de faire un pas de plus sur la voie de la cooperation entre les etats de notre region, cooperation dire Sud-Sud sans laquelle celle entre le Nord et le Sud n'avancerait que tres timidement.

C'est aves le plus vi f interet que je suivrai personnelement le deroulement de vos travaux.

ANNEX 2

Northolme Hotel, Mahé
Seychelles

21 - 26 May 1984

LIST OF PARTICIPANTS

MADAGASCAR

Dr. Henri ANDRIAMBOLOLONA
Head of SeaFisheries Service
Min. of Animal Production
BP291
TANANARIVE Madagascar

Mr. Alimosa NAMBOLE
Adjoint Technique d'Elevage TOLAGNARO
BP 152
TOLAGNARO Madagascar

MALDIVES

Mr. Hasen DIDI
Senior Under Secretary
Min. of Fisheries
MALE
Maldives

MAURITIUS

Mr. D. BUNDHOO
Economist
Min. of Economic Planning & Dev.
Registrar General's Bldg.
PORT LOUIS Mauritius

Mr. S.C. SEEBALLUCK
P.A.S.
Min. of Agri., Fisheries & N.R.
Registrar General's Bldg.
PORT LOUIS Mauritius

Mr. D. SEETULSINGH
Principal Crown Counsel
Attorney General's Office
PORT LOUIS Mauritius

Mr. A. VENKATASAMI
Scientific Off.
Min. Agri., Fisheries & N.R.
Registrar General's Bldg
PORTLOUIS Mauritius

SEYCHELLES

Mr. Maxime FAYON
Executive Chairman
Seychelles Fishing Authority
PO Box 449
VICTORIA Seychelles

Capt. F. JACKSON
Chief Pilot
Seychelles E.E.Z.
PO Box 139
VICTORIA Seychelles

Ms. Ghislaine LABLACHE
Research Director
Seychelles Fishing Authority
PO Box 71
VICTORIA Seychelles

Mr. J. NAGEON DE LESTANG
Fisheries Officer
Min. of National Development
PO Box 54
VICTORIA Seychelles

Mr. Michel DE SAN
Technical Adviser
C.E.C
PO Box 71
VICTORIA Seychelles

Capt. David SAVY
Senior Pilot/Coordinator
Seychelles E.E.Z.
PO Box 139
VICTORIA Seychelles

Mr. Clifford TOUSSAINT
Coordinator
Seychelles E.E.Z. Control Centre
PO Box 139
VICTORIA Seychelles

SPFFA

Mr. D.W. EVANS
Fisheries Development Officer
S.P.F.F.A
PO Box 629
HONIARA Solomon Islands

SOMALIA

Mr. Abdulcadir HASSAN NUR
Director-General of Fisheries
Ministry of Fisheries
P.O. Box 438
MOGADISHU Somalia

SRI LANKA

Mr. Joseph LESLIE
Research Officer
N.A.R.A
Crow Island, Mattakkuliya
COLOMBO 15 Sri lanka

FAO STAFF

Mr. P. LAVENDER
FAO Regional Fisheries Law Adviser
FAO
PO Box 631-C
BRIDGETOWN Barbados

Mr. L. CHRISTY
Legal Officer
FAO
Via delle Terme di Caracalla
00100 ROME Italy

Mr. P.J. DERHAM
Chief Fisheries Officer
M.A.F.F.
Gt. Westminster Hse., Horseferry Rd.
LONDON SW 1 U.K.

S.W.I.O.P. STAFF

Mr. J.D ARDILL
S.W.I.O.P. Project Manager
FAO
PO Box 487
VICTORIA Seychelles

Mr. Guido CARRARA
Associate Expert (S.W.I.O.P.)
FAO
PO Box 487
VICTORIA Seychelles

COMOROS

Mr. Said Omar OUIRDANE
Director-General de la SODEPEC
B.P. 41
MORONI
Comoros

ANNEX 3

FAO/SOUTHWEST INDIAN OCEAN COMMITTEE
WORKSHOP ON LICENSING AND CONTROL OF FOREIGN FISHING

21 - 26 May 1984

MAHE, Seychelles

AGENDA

1. Procedural

  1. Opening
  2. Appointment of Chairman
  3. Adoption of Agenda
  4. Organization of Workshop

2. The Fisheries of the Southwest Indian Ocean Islands and Potential for Foreign Fishing

  1. Resources
  2. Existing Fisheries
  3. Potential

3. Foreign Fishing Access and Control

  1. Provisions of the Law of the Sea Convention on Fisheries jurisdiction and access
  2. National experiences with foreign fishing
  3. Experiences elswehere, solutions to problems in the region
  4. Forms of access (licences, agreements)
  5. Access fees
  6. Control (self-reporting, verification on landing, aerial surveillance, uses of boarding).

4. Prospects for Regional Cooperation

  1. Exchange of information
    1. Agreement/procedures to exchange statistics
    2. Common forms/reporting requirements/regional grid/regional computer programme
    3. Information on agreements, negotiations.
  2. Surveillance
    1. Markings
    2. Regional aerial surveillance and exchange of surveillance reports.