Conservation Reauthorization

Conservation Reauthorization

Report to Congress on Implementation of Title vi of the Magnuson-stevens Fishery and Conservation Reauthorization Act of 2006 in 2011

United States views on international law (based on the document “Digest of U.S. Practice in International Law”): Italy. During 2009 and 2010, many vessels flagged to Italy fished in violation of ICCAT Recommendation 03-04, which prohibits the use of driftnets for fisheries on large pelagic species, including swordfish and bluefin tuna, in the Mediterranean. Several Italian-flagged vessels were found with spadara nets (a type of driftnet used to target swordfish) and ferrettara nets (small-mesh driftnets), and with large pelagic species on board. This illegal driftnet activity is described in more detail below and documented in Italian Coast Guard and NGO reports. Italy penalized these vessels through seizure of their catch and nets and the imposition of fines of approximately Û2,000 each. The Italian reports demonstrate that some Coast Guard divisions under the direction of that organization's Central Command are conducting enhanced operations to detect illegal driftnet fishing. Violations continue, however, including offenses involving the same vessels.

In July 2009, the Federica II was found to have 13 km of spadara net and 853 kg of fish onboard. Italy sanctioned the vessel for carrying out commercial fishing using spadara, and confiscated 16 swordfish, 24 bluefin tuna, and the nets. Two of the swordfish and 20 of the bluefin tuna were under the permissible size limit. The Federica II had four previous spadara and ferrettara driftnet violations between 2005 and 2008.

Also in July 2009, the Maria Ilenia was found with 16.6 km of driftnet onboard and approximately 1,400 kg of fish. The vessel was sanctioned for carrying out commercial fishing using a 16-km spadara net and a ferrettara net 600 meters longer than allowed. The catch, consisting of 59 swordfish, four yellowfin tuna, and one fish of unidentified species, for a total weight of 1458.7 kg, along with the nets. Eighteen of the swordfish were smaller than the size limit. The Maria Ilenia had a previous ferrettara driftnet violation in 2009.

The Unita' Da Diporto was sanctioned for carrying out commercial fishing in the summer of 2009 using a 4.5 km spadara net. Two swordfish and 27 tuna, with a total weight of 210 kg, were seized along with the net. In August 2009, the Andrea Doria II was found with a 15.5 km spadara net and 500 kg of swordfish onboard. The vessel was sanctioned for illegal driftnet use by seizure of the swordfish and net. This vessel also had a driftnet infraction in 2006. In August 2009, the Ross Lucy was found with spadara net and 500 kg of swordfish onboard. Italy sanctioned the vessel for driftnet fishing with seizure of the net and swordfish. The Ross Lucyalso had a 2006 driftnet violation.

In addition to the previously mentioned vessels, four others were found with ferrettara and bluefin tuna on board. Since these vessels had bluefin tuna, they were found to be fishing in contravention of ICCAT Rec. 03-04. The Maestrale, sanctioned in April 2010, was caught with 1,076 kg of bluefin tuna, of which 33 fish were under permissible size limits. This vessel also had a spadara driftnet infraction in 2008. The Anna Maria I was sanctioned in April 2010 after being caught with 837.5 kg of bluefin tuna, of which 81 fish were undersized. This vessel also had a spadara infraction in 2008. Two vessels were sanctioned in June 2010: the Santa Maria A Mare, after being caught with 120 kg of bluefin tuna, and the San Saverio, with 300 kg of undersized bluefin tuna.

The repeat driftnet infractions indicate the need for additional measures to deter this type of IUU activity, including, inter alia, implementation of more severe sanctions as allowed under Italian law, such as suspension of fishing authorization or licenses.

More about Report to Congress on Implementation of Title vi of the Magnuson-stevens Fishery and Conservation Reauthorization Act of 2006

Panama. Several Panamanian-flagged vessels engaged in fishing activities that violated IATTC conservation and management measures. Among these vessels, several were reported to have fished within the IATTC Convention Area during purse seine closure periods, in violation of IATTC Resolution C-09-01. The Julie L made at least one set in the high seas closure area in 2009, and the La Parrula at least 30 sets in two trips during the IATTC 2009 purse seine closure. According to the Government of Panama, an investigation carried out by Panamanian authorities on the Julie L showed evidence of lack of VMS transmission, in violation of a domestic law, for which a sanction has been applied. ARAP informed the United States that an investigation was opened for the Julie L within the penal process for fishing during the closure period. ARAP provided assurance that investigations and proceedings will continue.

The Sirenza I was not in port in 2009 at the beginning of the purse seine closure, also in violation of IATTC Resolution C-09-01, which requires members to ensure that at the time a closure begins, and for the entire duration of that period, all purse seine vessels fishing for yellowfin, bigeye, or skipjack tunas that are subject to the closure are in port or obtain a transit waiver to leave port.

The Tunamar made one trip in May 2009 while not on the IATTC Regional Vessel Register, in violation of Resolutions C-00-06 and C-02-03. This vessel was added to the IATTC Regional Vessel Register on July 2, 2009. A Panamanian agency is conducting an internal investigation to ascertain the responsibility of the official who authorized the Tunamar to fish without being registered with IATTC. According to the delegation from Panama at the 2010 IATTC meeting, sanctions have been issued against this vessel.

Developments

Portugal. Two vessels flagged to Portugal engaged in fishing activities during 2010 that violated conservation and enforcement measures of NAFO. The Aveirense was found in the NAFO Regulatory Area on March 10, 2010, by Canadian inspectors and in port on July 12, 2010, in apparent infringement of a NAFO conservation and enforcement measure (Chapter I, Article 13.6) because the mesh in the cod end of the net was obstructed. These incidents are under investigation. Further information from the NAFO Secretariat confirms the infringement that was detected by the Canadian inspectors. According to the Government of Portugal, with respect to the Aveirense, it brought a proceeding against the captain and the ship owner; the case is pending.

The Franca Morte was inspected at sea on April 1 and 2, 2010, and in port on April 29, 2010, and was found to be using smaller than the required mesh size on two of the four panels of the fishing trawl, an infringement of Chapter I, Article 13. EU inspectors confirmed that this was an infringement as detected and reported by Canadian inspectors. The EU Report on Infringement dated August 2010 indicates that a case is pending against this vessel. According to the Government of Portugal, a final decision has been reached in the proceeding against this vessel. However, no further information was provided on the nature of this decision or any resulting action to be taken against the vessel.

Details

Venezuela. Two vessels flagged to Venezuela were reported to have fished during IATTC purse seine closure periods in 2009, in violation of IATTC Resolution C-09-01. The Don Francesco made 19 sets during the purse seine closure in the Eastern Pacific Ocean. The Athena F made a transit trip without an observer or a transit waiver during the closure period in 2009, in violation of IATTC Resolution C-09-01, which requires members to ensure that during a closure all purse seine vessels subject to the closure are in port or obtain a transit waiver to leave port.

On January 12, 2011, the Commerce Department's National Oceanic and Atmospheric Administration (“NOAA”) issued a final rule setting forth procedures for the identification and certification of foreign nations whose fishing vessels are engaged in IUU fishing or bycatch of PLMRs. 76 Fed. Reg. 2011 (Jan. 12, 2011). The Supplementary Information section in the Federal Register explained:

The [MSRA] does not require publication of identification procedures in a rule, but in the interest of transparency and to provide context for subsequent certification determinations, NMFS decided to address identification in this action. NMFS made its first identifications in the January 2009 Biennial Report to Congress based on authority provided in the Moratorium Protection Act only, as these regulations were not yet in place.

Excerpts follow from the Federal Register publication of the final rule, explaining the procedures for, and effects of, the certifications and identifications made in the biennial reports to Congress.

More about the Issue

Procedures To Identify Nations Engaged in IUU Fishing As required under the Moratorium Protection Act, NMFS will identify, and list in the biennial report to Congress, that those nations whose fishing vessels are engaged, or have been engaged at any point during the preceding 2 years, in IUU fishing.

When determining whether to identify a nation as having fishing vessels engaged in IUU fishing, NMFS will exercise due diligence in evaluating appropriate information and evidence available to the agency. This information could include data, gathered by the U.S. Government as well as offered by other nations, international organizations (such as regional fisheries management organizations (RFMOs)), institutions, or arrangements that, if true, could support a determination that a nation's vessels have been engaged in IUU fishing. NMFS will review and verify the pertinent information when determining, for the purposes of identification, whether a nation's fishing vessels are engaged, or have been engaged, during the preceding 2 years in IUU fishing as defined under the Moratorium Protection Act.

Once NMFS has determined that the information received is credible and provides a reasonable basis to believe or suspect that a nation's fishing vessels are engaged in IUU fishing, NMFS, acting through or in consultation with the State Department, will initiate bilateral discussions with the nation to:

¥ Seek corroboration of the alleged IUU activity or credible information that refutes such allegations;

¥ Communicate the requirements of the Moratorium Protection Act to the nation; and

¥ Encourage such nation to take action to address the alleged IUU fishing activity in question.

Prior to making identifications, NMFS will consider measures taken by the nation to address the IUU fishing activity of its vessels, information refuting allegations of IUU fishing activity, and domestic laws or regulatory programs designed to address IUU fishing activity, along with all verified information on alleged IUU fishing activity.

In determining whether to make an IUU fishing identification, NMFS will consider whether a nation has implemented and is enforcing measures that are deemed comparable in effectiveness to measures implemented by the United States to address the pertinent IUU fishing activity. NMFS will also consider if an international fishery management organization exists with a mandate to regulate the fishery in which the IUU activity in question takes place, whether or not the nation is party to or maintains cooperating status with the organization, and whether or not the relevant RFMO has adopted measures that are deemed by NMFS to be effective at addressing such IUU fishing activity. If the nation is a party or cooperating non-party to the relevant RFMO, NMFS will consider whether the nation has implemented and is enforcing measures of that organization.

Measures by nations to address IUU fishing could include those that reflect the recommendations of international organizations to prevent, deter and eliminate IUU fishing. É

Notification of and Consultations With Nations Identified as Having Fishing Vessels Engaged in IUU Fishing

Upon identifying a nation whose vessels have been engaged in IUU fishing activities in the biennial report to Congress, the Secretary of Commerce will notify the President of such identification. Within 60 days after submission of the biennial report to Congress, the Secretary of Commerce, acting through or in consultation with the Secretary of State, will notify:

1. Nations that have been identified in the biennial report as having fishing vessels that are currently engaged, or were engaged at any point during the preceding 2 calendar years, in IUU fishing activities;

2. Identified nations of the requirements under the Moratorium Protection Act and this subpart; and

3. Any relevant international fishery management organization of actions taken by the United States to identify nations whose fishing vessels are engaged in IUU fishing.

Within 60 days after submission of the biennial report to Congress, the Secretary of Commerce, acting through or in consultation with the Secretary of State, will initiate consultations with nations that have been identified in the biennial report as having fishing vessels that are currently engaged, or were engaged at any point during the preceding 2 calendar years, in IUU fishing activities for the purpose of encouraging such nations to take appropriate corrective action with respect to the IUU fishing activities described in the biennial report.

Resources

See Also

  • Environment
  • Transnational Scientific Issues
  • Protection Of Environment
  • Marine
  • Conservation
  • Fishing

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