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Laws of Ghana

National Plan of Action to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing

Made 2014-05-31 · Text as of 2026-10-01

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Language
English
Kind
policy
Country
Ghana
Subjects
Fisheries and aquaculture
Keywords
fishery management and conservation, fishing authorization, fishing gear/fishing method, fishing vessel, foreign fishing, marine fisheries, artisanal fisheries, migratory species, harbour, sustainable development, sustainable use, equipment, port State measures, Illegal unreported and unregulated fishing (IUU fishing), authorization/permit

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  1. 1 May 2014 2 Table of Contents GLOSSARY OF ACRONYMS AND ABBREVIATION..................................................................................... 3 ACKNOWLEDGEMENT ............................................................................................................................. 4 PREFACE .................................................................................................................................................. 5 INTRODUCTION ....................................................................................................................................... 5 PART A: IUU FISHING IN THE GLOBAL AND REGIONAL CONTEXT ........................................................... 6 Concept of IUU Fishing............................................................................................................................ 6 International Concerns about IUU Fishing .......................................................................................... 6 International Actions to Combat IUU Fishing ..................................................................................... 7 IUU Fishing in the West African Regional Context ............................................................................. 8 PART B: IUU FISHING IN THE GHANAIAN CONTEXT ................................................................................ 9 Snapshot of Ghana’s Marine Fisheries ............................................................................................... 9 Ghana’s Fishing Industry ..................................................................................................................... 9 Significance of the Marine Fisheries Sector to Ghana ...................................................................... 10 Ghana’s IUU fishing Challenges ........................................................................................................ 10 Gaps in Ghana’s Fisheries Law and Management Practice............................................................... 11 PART C: GHANA’S IUU FISHING NATIONAL RESPONSE ACTIONS.......................................................... 13 Actions to Combat IUU Fishing ......................................................................................................... 13 Timeframe for Implementation of Actions ....................................................................................... 16 Appendix 1: DEFINITION OF IUU FISHING FROM IPOA-IUU 18 Appendix 2 Summary of Relevant International Binding Instruments 19 Appendix 3. Management Measures agreed under the FCWC Regional Plan of Action aimed at preventing, deterring and eliminating IUU Fishing....................................................................... 23 3 GLOSSARY OF ACRONYMS AND ABBREVIATION Term Meaning COFI Committee on Fisheries EEZ Exclusive Economic Zone FAO Food Agricultural Organization of United Nations FCWC Fisheries Committee of the West and Central Gulf of Guinea GDP Gross Domestic Product ICCAT International Commission for the Conservation of Atlantic Tunas RFMO Regional Fisheries Management Organization IEZ Inshore Exclusive Zone IPOA International Plan Of Action IUU Illegal, Unreported and Unregulated MCS Monitoring, Control and Surveillance IPOA International Plan of Action NPOA National Plan of Action VMS Vessel Monitoring System 4 ACKNOWLEDGEMENT This document has been prepared with technical assistance from the Food and Agricultural Organization of the United Nations (FAO) through its Technical Cooperation Programme. Ghana is grateful to FAO for its continuing support for responsible and sustainable fishing practices by Ghana. Research support provided by the Australian National Centre for Oceans Resources and Security, University of Wollongong, Australia, is also acknowledged. 5 PREFACE Ghana’s fishery resources have long been a pillar of the national economy, contributing significantly to her socio-economic development. The fisheries sector generates over US$1 billion in revenue each year and accounts for at least 4.5% to Ghana’s Gross Domestic Product (GDP). The sector also provides livelihood to an estimated 2.4 million people or 10% of the population, who are employed directly or indirectly, including the dependents of the latter. Significantly, fish accounts of 60% of animal protein consumed in Ghana. The long term sustainability of Ghana’s fisheries resources is seriously threatened by incidents of Illegal, Unreported and Unregulated fishing (IUU Fishing), which is also now universally recognized as a serious threat to global fish stocks, with devastating impact on food security and biodiversity. In 2001, members of the Food and Agricultural Organization (FAO) of the United Nations concluded, within the framework of the Code of Conduct for Responsible Fisheries, an International Plan of Action (IPOA) to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated fishing (IPOA-IUU), which complements among others, the 1993 FAO Compliance Agreement and the 1995 UN Fish Stocks Agreement. To support the implementation of the IPOA-IUU, FAO has prepared Technical Guidelines designed to provide practical advice on how States should implement the IPOA at National and Regional levels using comprehensive, effective and transparent measures in accordance with international law. In 2009, Ghana and neighbouring countries in the Fisheries Committee of the West and Central Gulf of Guinea (FCWC) developed a Regional Plan of Action (FCWC-RPOA-IUU), based on the principles and provision of the IPOA-IUU, and on an analysis of existing actions, efforts and mechanisms at national and regional levels. Against a backdrop of her extreme dependence on fisheries resources for food security, nutrition, employment generation and export earnings, Ghana is committed to the national effort in consonance with the global provisions to combat IUU fishing through a number of measures outlined in this National Plan. Ghana also recognizes the importance of regional cooperation in combating IUU fishing and commits to active collaboration with its neighbours in the framework of FCWC to develop appropriate regional mechanisms to combat IUU fishing in all its forms. NAYON BILIJO Minister for Fisheries and Aquaculture Development Republic of Ghana 5th May 2014. 6 INTRODUCTION 1. The objective of Ghana’s National Plan of Action to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing (NPOA-IUU) is to lay out a plan of action that identifies existing gaps in relation to combating IUU fishing and to propose remedial steps to address these gaps. 2. Ghana’s NPOA-IUU has been developed in accordance with the principles and provisions of the International Plan of Action to Prevent, Deter and Eliminate IUU fishing (IPOA-IUU) and the IUU Regional Plan of Action developed by the Fisheries Committee of the West and Central Gulf of Guinea (FCWC-RPOA-IUU). 3. Ghana’s NPOA-IUU is presented in three parts. Part A provides the international and global context of IUU fishing concerns and responses. Part B provides a summary of Ghana’s fisheries profile and the specific IUU fishing concerns of Ghana. Part C outlines the range of response actions Ghana will undertake to meet its international and regional obligations to combat IUU fishing. PART A: IUU FISHING IN THE GLOBAL AND REGIONAL CONTEXT Concept of IUU Fishing 4. The term “IUU fishing” has three but interrelated components, namely: (a) illegal fishing, (b) unreported fishing and (c) unregulated fishing. The full scope of IUU fishing, based on the IPOA-IUU is reproduced in Appendix 1. A summary explanation of the concept of IUU fishing is provided in Box 1 below. Box 1: Summary Explanation of IUU Fishing  Illegal fishing takes place where vessels operate in violation of the laws of a fishery. This can apply to fisheries that are under the jurisdiction of a coastal State or to high seas fisheries regulated by regional organizations.  Unreported fishing is fishing that has been unreported or misreported to the relevant national authority or regional organization, in contravention of applicable laws and regulations.  Unregulated fishing generally refers to fishing by vessels without nationality, or vessels flying the flag of a country not party to the regional organization governing that fishing area or species. International Concerns about IUU Fishing 5. During the past few decades, the international community has become increasingly aware of the growing number of unlawful and irresponsible fishing activities within national jurisdictions and on the high seas; activities collectively characterised as IUU fishing. 7 6. IUU fishing has been identified by the international community as one of the most severe problems affecting world fisheries and the main obstacle in achieving sustainable fisheries globally. The major impacts of IUU fishing include loss of marine biodiversity and habitats, reduction in food security and economic loss to coastal States. Globally, it is estimated that IUU fishing accounts for almost one third of the total catch in some important fisheries. The economic cost of IUU fishing has been estimated at over 10 billion US dollars annually. 7. IUU fishing has also been associated with organised transnational maritime crime such as people smuggling, marine wildlife trafficking, drug trafficking and weapons trafficking in some parts of the world. These consequences of IUU fishing suggest that the problem of IUU fishing has to be tackled in a comprehensive way at national, regional and international levels. International Actions to Combat IUU Fishing 8. Global concerns about continuing IUU fishing and its devastating impacts on the sustainability of fisheries resources world-wide have resulted in concerted international action through the IPOA-IUU which was adopted by consensus at the Twenty-fourth Session of COFI on 2 March 2001 and endorsed by the Hundred and Twentieth Session of the FAO Council on 23 June 2001. 9. The IPOA-IUU is a “voluntary and non-legally binding instrument”. However, it draws on core principles from other international legally binding instruments and consensus fisheries instruments for promoting responsible fishing practices (see Box 2 below). A summary of these international instruments is provided in Appendix 2. Box 2 Relevant International Instruments for Combating IUU Fishing  United Nations Convention on the Law of the Sea 1882 (UNCLOS).  Agreement to Promote Compliance with International Conservation and Management Measures by Fishing Vessels on the High Seas (1994).  Agreement for the Implementation of the Provisions of the United Nations Convention on the Law of the Sea of 10 December (1982) Relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks (1995) (UN Fish Stocks Agreement).  Agreement on Port State Measures to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing (2009) (FAO Port State Measures Agreement);  The Code of Conduct for Responsible Fisheries (1995).  The International Plan of Action for the Management of Fishing Capacity (IPOA-Capacity) (1999).  The International Plan of Action for Reducing Incidental Catch of Seabirds in Longline Fisheries (1999).  The International Plan of Action for the Conservation and Management of Sharks (1999). 10. The IPOA-IUU is a comprehensive “toolbox”, which has a full range of measures that can be used to deal with various manifestations of IUU fishing. These measures, which cut across the responsibilities of all States, flag States, coastal States, port States, and market States, include:  implementation of international instruments;  application of sanctions of sufficient severity; 8  control over nationals;  elimination of economic incentives for vessels engaged in IUU fishing;  effective monitoring, control, and surveillance measures;  measures against vessels without nationality and vessels flying the flags of non cooperating States to RFMOs; and  cooperation among States bilaterally, regionally and globally. IUU Fishing in the West African Regional Context 11. IUU fishing is of particular concern in the Gulf of Guinea regional context. With shared fish stocks across maritime boundaries and inadequate fisheries monitoring and management systems in most countries, incentives exist for IUU fishing that are difficult to remove. As such, countries in the region have come to realise that a regional approach is essential in order to constrain the geographical scope of IUU fishing and to enable successful arrest and prosecution. In 2009, Ghana and neighbouring countries in the Fisheries Committee of the West and Central Gulf of Guinea (FCWC) developed a Regional Plan of Action on IUU fishing, based on the principles and provisions of the IPOA-IUU. The regional plan identifies 72 specific actions considered necessary for member countries to be implemented regionally and individually (see Appendix 3). 9 PART B: IUU FISHING IN THE GHANAIAN CONTEXT Snapshot of Ghana’s Fisheries 12. Fisheries have long been a pillar of Ghana’s socio-economic life. Marine fisheries in particular provides a primary source of livelihood for more than 200 coastal fishing villages and at the major port cities of Tema and Sekondi-Takoradi. The protein provided by fish has for centuries been essential to the Ghanaian diet. Fish continues to provide up to two thirds of the animal protein consumed today. 13. Ghana has a coastline of about 550km and a maritime domain, including the territorial sea and the exclusive economic zone of 228000 km2. The productivity of Ghana’s marine fisheries is driven by a coastal upwelling system, when cold waters rich in nutrients are brought to the surface and stimulate the ecosystem. There are two upwelling seasons in Ghana; a major upwelling season from July through September, and a minor upwelling season, from late December to early February. These are also the high seasons for fishing. 14. The fish resources of the Gulf of Guinea include small pelagic species (sardinellas, anchovy, chub mackerel), large pelagic species (tunas, billfish, sharks), coastal demersal species and deep-water demersal species. The sardinellas contribute about 60% of the overall marine catches. Ghana’s Fishing Industry 15. Ghana’s marine fisheries capture sector consists of three main types of fishing fleets: the artisanal canoes (about 75% motorized), semi-industrial boats (wooden-planked vessels) and industrial vessels (large-scale trawlers and tuna boats). 16. The marine artisanal sector comprises about 13000 canoes and employs 80% of Ghanaian fishers. Although it is typically men out on the boats fishing, women play an important role in artisanal fisheries, being almost solely responsible for preserving the fish by smoking, and for selling the fish in markets. Canoes are allowed to fish throughout Ghana’s waters but logistical constraints and avoidance of conflict with other types of vessel mean that they typically fish in the Inshore Exclusive Zone (IEZ), less than 30m depth and 6 nautical miles from the shore. However, some canoes can be up to 19 metres in length with up to 25 crew and are able to fish further offshore. Because of their large capacity, a registration system for these canoes is now being developed. 17. Semi-industrial inshore vessels are multipurpose and can be used for both purse seining and bottom trawling. There are two size-classes of inshore vessels; small (8–10 metres) inshore vessels, which are mostly purse seiners and fish within IEZ, and large (10–37metres) inshore vessels, which are mostly trawlers and are prohibited from fishing within the IEZ. The larger vessels operate as purse seiners during upwelling periods and switch to trawling for the rest of the year. Inshore purse seiners and inshore trawlers have about 20-25 crew. The majority of trawl fishing occurs within 50 nautical miles of the coast of depth of between 30-50 metres. 10 18. The marine industrial fleet can be subdivided into the tuna purse seine fleet and the industrial trawler fleet. There are currently more than 100 industrial demersal trawlers. The tuna fishing fleet is comprised of pole-and-line bait-boats and tuna purse seiners. Pole-and line bait-boats are the main harvesters of tuna in Ghanaian waters, using live anchovies as bait. The fishing grounds extend beyond Ghana’s EEZ into the high seas. Bait-boats are constrained by having to come close inshore to catch bait. 19. Tuna fishing occurs all year round with the peak season between November and January. The tuna industry is the only sector of the Ghanaian fishing industry where foreigners are permitted to go into joint-venture with Ghanaian nationals, the latter who must retain at least 50% of the interest in the business. Joint-venture companies are permitted to export up to 80 90% of their landings. Tuna catch since 2002 has been fairly stable at about 65,000 metric tonnes yearly. Significance of the Marine Fisheries Sector to Ghana 20. The marine fisheries sector contributes significantly to Ghana’s socio-economic development as demonstrated in Box 3 below. Box 3: Significance of Ghana’s marine fisheries sector1  It generates over US$ 1 billion in revenue each year and accounts for at least 4.5% of Ghana’s GDP.  It accounts for an estimated 2.4 million people or 10% of the population employed directly or indirectly in the sector.  More than 60 percent of the animal protein in the Ghanaian diet comes from fish, and purchasing fish accounts for over one-quarter of expenditures among poor households.  Generates over USD250 million in foreign exchange export of fish and fisheries products. 21. Scientific evidence has repeatedly pointed to the fact that Ghana’s marine fisheries are in crisis, with landings fish caught and retained of all stocks declining dramatically over the last decade. This has resulted in Ghana becoming a net importer of 40 percent of the fish needed to feed its people. It is evident that Ghana’s challenges in sourcing high-quality, low-cost food protein will be exacerbated by population growth. The main identified causes of the decline in Ghana’s fisheries production are outlined in Box 4 below. Box 4: Major Causes of Decline in Ghana’s Marine Fisheries Inadequate Fisheries Governance framework Excessive fishing pressure Overcapacity in the fisheries Use of illegal fishing gear Weak compliance with fisheries controls 1 See The World Bank, 2009. Revitalizing the Ghanaian Fisheries Sector for Wealth and Sustainability, Scoping Study; Solving the Fisheries Crisis in Ghana: A Fresh Approach to Collaborative Fisheries Management (2013) USAID-URI Integrated Coastal and Fisheries Governance (ICFG) Institute; Coastal Resources Centre, Graduate Scholl of Oceanography, University of Rhode Island. 11 Ghana’s IUU fishing Challenges 22. Ghana is not immune from IUU fishing, either as a source State or as victim State. In recent years, there has been instances of non-compliance by Ghanaian fishing vessels with existing fisheries laws and regulations within Ghana’s fishery waters and unlicensed fishing by Ghanaian flagged vessels outside Ghana’s fisheries waters. International concerns about IUU fishing by Ghanaian-flagged vessels resulted in the imposition of import restrictions on Ghana’s fisheries products by European countries in 2012/2013. 23. Ghana’s fishing industry is characterized by change and innovation with respect to fishing vessels, fishing methods, fishing gears and fishing grounds. It is challenging for fisheries monitoring, control and surveillance mechanisms to keep up with these changes, especially for the many vessels comprising the trawl and canoe fleets. A national response to IUU fishing is an important task that must be undertaken if the benefits of the fisheries are to be secured for the future. Gaps in Ghana’s Fisheries Law and Management Practice 24. A number of gaps currently exist in Ghana’s fisheries legislation and management practices which require improvement to enable Ghana to adequately combat IUU fishing. These gaps are outlined below under three headings: (a) legislative; (b) fisheries management; and (c) monitoring, control and surveillance (MCS). Legislative Gaps 25. The current Fisheries legislation of Ghana is the Fisheries Act 2002 (Act 625) and the Fisheries Regulations 2010 (L.I 1968). The Fisheries Act is over ten years old and is deficient in addressing several new developments in international fisheries law, particularly those designed to combat IUU fishing. The key gaps in the Fisheries Act and Regulations which require improvement are listed in box 5 below. Box 5: Gaps in Ghana’s Fisheries Legislation  Absence of provisions to enable Ghana to adequately discharge its flag State duties  Absence of specific legal measures to prevent, deter or eliminate IUU fishing activities committed by vessels flying the flag of Ghana  Absence of sanctions of adequate severity to deter IUU fishing  Inadequate provisions on administrative sanctions for fisheries offences, giving rise to protracted cases in court for IUU fishing offences  Lack of provisions enabling Ghana to implement its regional fisheries management organization (ICCAT) obligations  Lack of provisions to implement catch verification and certification for the export of fisheries products  Inadequate satellite vessel monitoring system legislation, particularly  tampering with, the monitoring device and evidentiary issues associated with the monitoring device  Insufficient prosecution and judicial capacity to support fisheries law enforcement 12 Fisheries Management Gaps 26. A number of improvements are required in Ghana’s fisheries management practice to effectively combat IUU fishing. The key gaps which require attention are presented in Box 6 below. Box 6: Fisheries Management Gaps  Weak implementation of international obligations  Outmoded fisheries management plans  Weak data collection and analysis  Inadequate framework to manage overcapacity in the fishery  Inadequate framework for catch certification and verification  Ineffective framework for inter-agency cooperation  Lack of administrative procedures to implement the Fisheries Act (Act 625)  Lack of comprehensive staff strength and capacity Monitoring, Control and Surveillance (MCS) Gaps 27. At the heart of combating IUU fishing is developing and implementing effective MCS measures. Ghana’s MCS framework requires improvement in a number of ways, outlined in Box 7. Box 7 Ghana’s MCS Gaps  Inadequate funding for MCS activities  Inadequate vessel monitoring system coverage  Inadequate port State measures  Low MCS skills  Low MCS staff spread across the country 13 PART C: GHANA’S IUU FISHING NATIONAL RESPONSE ACTIONS 28. The objective of this part is to lay out a plan of remedial action to address the gaps identified in Part B of this document. In doing so, Ghana’s NPOA-IUU will be responding to the IPOA-IUU and for that matter, the FCWC–RPOA-IUU. An implementation schedule is also provided to enable progress to be assessed. 29. The IPOA-IUU divides its actions into 8 categories as follows:  All State Responsibilities  Flag State Responsibilities  Coastal State Measures  Port State Measures  Market-related measures  Research  Regional Fisheries Management Organizations  Special requirements of developing countries. 30. Ghana’s NPOA-IUU actions will follow the IPOA-IUU format specified in paragraph 29 above. Actions to Combat IUU Fishing ALL STATE RESPONSIBILITIES Action 1: Give legal effect to international fisheries agreements to which Ghana is party:  Ratification and implementation of UN Fish Stocks Agreement  Ratification of FAO Port State Measures Agreement Action 2: Strengthen the regulatory framework for operational fisheries management in Ghana:  Strengthen VMS legislation so all large vessels must use VMS as a licensing condition, including foreign vessels in Ghana’s EEZ and Ghana-flagged vessels outside the EEZ Action 3: Effectively control activities associated with IUU fishing:  Strengthen the Fisheries Monitoring, Control, Surveillance and Enforcement Unit  Coordinate fisheries enforcement tasking with the Ghana Navy, the Ghana Airfoce, the Marine Police and Attorney-General’s Department Action 4: Identify and monitor IUU vessels and share information with neighbouring States Action 5: Identify and quantify illegal catches Action 6: Contribute to improved global information on IUU fishing vessels Action 7: Communicate with fishing communities, fisheries officers and others about IUU fishing FLAG STATE RESPONSIBILITIES Action 8: Exercise flag state responsibility by implementing the FAO Voluntary Guidelines for Flag State Performance 14  Revise legislation to include provisions on licensing , data collection, and control of operations by the Ghana Fisheries Commission  Require IUU assessment against clearly defined criteria before vessels are accepted for registration, to ensure that vessels with a history of IUU fishing are not reflagged to Ghana  Require evidence of license to fish in other countries, including any associated conditions, and require registration of this license with the Ghana Fisheries Commission  Revise legislation to strengthen control of nationals  Introduce sanctions with severe penalties  Make provisions for the deregistration of Ghana-flagged vessels that are discovered to have a history of IUU fishing  Make provisions for cancelation of existing license or acquisition of new license when IUU fishing violation are committed Action 9: Enforce relevant fisheries regulations for Ghana-flagged vessels on the high seas and in the jurisdiction of other States COASTAL STATE MEASURES Action 10: Improve management of all marine fisheries sectors, consistent with FAO Code of Conduct on Sustainable Fisheries; eliminate overfishing; minimise risk of irreversible damage to ecosystems. PORT STATE MEASURES Action 11: Incorporate FAO Port State Measures Agreement and ICCAT Recommendation 97- 10 into domestic legislation and enforcement action. MARKET-RELATED MEASURES Action 12: Ensure that IUU fisheries products are not imported into Ghana or exported from Ghana  Revise legislation to comply with regulations on catch certification, to improve traceability of fisheries products  Requirements for validation and penalties on vessel masters, operators and officials for not complying with validation requirements  Administrative strengthening for authorisation of catch certificates; records to be verified  Implement penalties for public officials who fail to comply with established legal and administrative procedures RESEARCH Action 13: Enhanced systems for fisheries monitoring, data collection (catch, effort, socio-economic data, ecosystem impacts), digitisation and analysis; collaborate within ICCAT for assessment of shared stocks, and with other agencies, universities and development partners for related research REGIONAL FISHERIES MANAGEMENT Action 14: Participate fully in ICCAT, including domestic implementation of ICCAT Recommendations and cooperation with other ICCAT Contracting Parties:  Establish process for integrating ICCAT Recommendations into domestic management  Review legislation against all ICCAT Recommendations and amend accordingly  Legislation to implement ICCAT Recommendation on transhipment prohibition at sea  Develop Management Plans for implementing ICCAT Recommendations  Review National Observer Programme against ICCAT Requirements to ensure compliance 15 Action 15: Collaborate within FCWC on regional responses to ongoing and emerging IUU issues Action 16: Further develop the regional framework for cooperation, especially in relation to IUU fishing, by establishing clear lines of communication and coordinating actions with other states SPECIAL REQUIREMENTS Action 17: Collaborate with development partners to improve fisheries management in Ghana and the wider Gulf of Guinea, especially regarding monitoring, control, surveillance and enforcement Action 18: Capacity building for officials in fisheries management, including training in fisheries law, monitoring, control and surveillance, fisheries science, and international trade. Action 19: Collaboration with development partners for infrastructure development and international sourcing of relevant technical expertise REPORTING Action 20: Improve reporting of management performance in terms of effectiveness of regulations, degree of compliance, biological status of fish stocks and bio-/socio-economic status of fisheries. 16 Timeframe for Implementation of Actions Action Year 1 Year 2 Year 3 Year 4 Year 5 1 Give legal effect in Ghana to international fisheries agreements to which Ghana is party 2 Strengthen the regulatory framework for operational fisheries management in Ghana 3 Effectively control activities associated with IUU fishing 4 Identify and monitor IUU vessels and share information with neighbouring states x x x x x x x x x x 5 Identify and quantify illegal catches x x x x x 6 Contribute to improved global information on IUU fishing vessels 7 Communicate with fishing communities, fisheries officers and others about IUU fishing 8 Exercise flag state responsibility by implementing the FAO Voluntary Guidelines for Flag State Performance x x x x x x x x x x x x 9 Enforce relevant fisheries regulations for Ghana-flagged vessels on the high seas and in the jurisdiction of other States x x x x x 10 Improve management of all marine fisheries sectors, consistent with FAO Code of Conduct on Sustainable Fisheries; eliminate overfishing; minimise risk of irreversible damage to ecosystems x x x x x 11 Incorporate FAO Port State Measures Agreement and ICCAT Recommendation 97- 10 into domestic legislation and enforcement action x x x 12 Ensure that IUU fisheries products are not imported into Ghana or exported from Ghana x x x x x 13 Enhanced systems for fisheries monitoring, data collection (catch, effort, socio economic data, ecosystem impacts), digitisation and analysis; collaborate within x x ICCAT for assessment of shared stocks, and with other agencies, universities and development partners for related research. 14 Participate fully in ICCAT, including domestic implementation of ICCAT x x x x x 17 Recommendations and cooperation with other ICCAT Contracting Parties: 15 Collaborate within FCWC on regional responses to ongoing and emerging IUU issues x x x x x 16 Further develop the regional framework for cooperation, especially in relation to IUU x x fishing, by establishing clear lines of communication and coordinating actions with other States 17 Collaborate with development partners to improve fisheries management in Ghana and the wider Gulf of Guinea, especially x x x x x regarding monitoring, control, surveillance and enforcement 18 Capacity building for officials in fisheries management, including training in fisheries law, monitoring, control and surveillance, x x x x x fisheries science, and international trade. 19 Collaboration with development partners for infrastructure development and international sourcing of relevant technical x x x x x expertise 20 Improve reporting of management performance in terms of effectiveness of regulations, degree of compliance, biological status of fish stocks and bio /socio-economic status of fisheries. x x x x x 18 Appendix 1: DEFINITION OF IUU FISHING FROM IPOA-IUU 3.1 Illegal fishing refers to activities: 3.1.1 conducted by national or foreign vessels in waters under the jurisdiction of a State, without the permission of that State, or in contravention of its laws and regulations; 3.1.2 conducted by vessels flying the flag of States that are parties to a relevant regional fisheries management organization but operate in contravention of the conservation and management measures adopted by that organization and by which the States are bound, or relevant provisions of the applicable international law; or 3.1.3 in violation of national laws or international obligations, including those undertaken by cooperating States to a relevant regional fisheries management organization. 3.2 Unreported fishing refers to fishing activities: 3.2.1 which have not been reported, or have been misreported, to the relevant national authority, in contravention of national laws and regulations; or 3.2.2 undertaken in the area of competence of a relevant regional fisheries management organization which have not been reported or have been misreported, in contravention of the reporting procedures of that organization. 3.3 Unregulated fishing refers to fishing activities: 3.3.1 in the area of application of a relevant regional fisheries management organization that are conducted by vessels without nationality, or by those flying the flag of a State not party to that organization, or by a fishing entity, in a manner that is not consistent with or contravenes the conservation and management measures of that organization; or 3.3.2 in areas or for fish stocks in relation to which there are no applicable conservation or management measures and where such fishing activities are conducted in a manner inconsistent with State responsibilities for the conservation of living marine resources under international law. 19 Appendix 2 Summary of Relevant International Instruments supporting the IPOA-IUU United Nations Convention on the Law of the Sea (UNCLOS) UNCLOS provides the basic legal framework that regulates all marine sector activities, including the utilisation of the resources of the sea, the preservation of the marine environment and relations among States in so far as marine sector activities are concerned. The most important aspects of UNCLOS with regard to fisheries relate to the establishment of the exclusive economic zone (EEZ), requirements for conservation and management measures for fish stocks in the EEZ, requirements for cooperation among States to manage fish stocks and provisions on the conservation, management and utilisation of high seas fisheries such as the implementation of flag State duties, as well as the duty to cooperate among States to manage high seas fisheries. UNCLOS establishes varying degrees of rights and duties of States with respect to the conservation and management of fisheries resources in accordance with the maritime zone where such resources are located. UNCLOS provides for the determination of the allowable catch and the establishment of conservation measures on the basis of best scientific evidence available which maintains or restores populations of harvested species at levels which can produce the maximum sustainable yield, as qualified by relevant environmental and economic factors. This determination should take into account the special requirements of developing States, fishing patterns and generally recommended international minimum standards. FAO Compliance Agreement The Agreement to Promote Compliance with International Conservation and Management Measures by Fishing Vessels on the High Seas (FAO Compliance Agreement) was unanimously approved, subject to acceptance, at the 27th Session of the Conference of the FAO in November 1993 and entered into force on 24 April 2003. The FAO Compliance Agreement was developed in order to address concerns over the practice of reflagging of fishing vessels in order to avoid high seas conservation and management measures determined by regional fisheries organizations. The Compliance Agreement strengthens the duties of flag States by improving the regulation of fishing vessels on the high seas. This is done through the obligation of parties to maintain an authorisation and recording system for high seas fishing vessels and to ensure that vessels registered under their flags do not undermine international conservation and management measures. The Compliance Agreement applies to vessels used or intended for fishing on the high seas. However, a party may exempt fishing vessels less than 24 metres in length, unless the exemption undermines the effectiveness of international conservation and management measures. The Agreement requires a State Party to maintain a record of fishing vessels entitled to fly its flag and authorized for use on the high seas, and to take such measures as are necessary to ensure that all such vessels are entered on that record. It also provides for international cooperation, specifically exchange of information, port state cooperation, and for parties to enter into cooperative agreements or arrangements of mutual assistance on a 20 global, regional, subregional or bilateral basis in order to achieve the objectives of the Agreement. UN Fish Stocks Agreement The Agreement for the Implementation of the Provisions of the United Nations Convention on the Law of the Sea of 10 December 1982 relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks (UN Fish Stocks Agreement) was adopted on 4 August 1995 by the United Nations Conference on Straddling Fish Stocks and Highly Migratory Fish Stocks and entered into force on 11 November 2001. The UN Fish Stocks Agreement seeks to ensure the long-term conservation and sustainable use of straddling and highly migratory fish stocks by strengthening the legal framework for their conservation and management through global, regional and sub-regional fisheries management organisations .The Agreement provides that conservation and management of straddling and highly migratory fish stocks must be based on the precautionary approach and the best available scientific information. Further, the measures in areas under national jurisdiction and in the adjacent high seas must be compatible. It recognise the special requirements of developing States, and there are effective mechanisms for compliance and enforcement of those measures on the high seas. FAO Port State Measures Agreement The Agreement on Port State Measures to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing (Port State Measures Agreement) was approved by the FAO Conference at its Thirty-sixth Session on 22 November 2009. The objective of the Agreement is to prevent, deter and eliminate IUU fishing through the implementation of effective port State measures, and thereby to ensure the long-term conservation and sustainable use of living marine resources and marine ecosystems. The Port State Measures Agreement respects the sovereignty of Parties over their internal, archipelagic and territorial waters or their sovereign rights over their continental shelf and in their EEZs and allows Parties the exercise of their sovereignty over ports in their territory in accordance with international law, including their right to deny entry thereto as well as to adopt more stringent port State measures than those provided for in the Agreement. FAO Code of Conduct for Responsible Fishing The Code of Conduct for Responsible Fisheries was initiated in 1991 by the FAO Committee on Fisheries (COFI) and unanimously adopted on 31 October 1995. While the Code is voluntary in nature, parts of it were based on relevant rules of international law, including those in UNCLOS, FAO Compliance Agreement, and the UN Fish Stocks Agreement. It is global in scope, and is directed toward both members and non-members of FAO, fishing entities, sub regional, regional and global organizations, whether governmental or non governmental, and all persons concerned with the conservation of fishery resources and management and development of fisheries, such as fishers, those engaged in processing and 21 marketing of fish and fishery products and other users of the aquatic environment in relation to fisheries. The Code provides principles and standards applicable to the conservation, management and development of all fisheries. It also covers the capture, processing and trade of fish and fishery products, fishing operations, aquaculture, fisheries research and the integration of fisheries into coastal area management. Within the framework of the Code of Conduct for Responsible Fisheries four international plans of action (IPOAs) have been developed to date. The International Plan of Action for the Management of Fishing Capacity The International Plan of Action for the Management of Fishing Capacity (IPOA-Capacity) addresses the issue of excess fishing capacity in world fisheries as a problem that contributes substantially to IUU fishing, overfishing, the degradation of marine fisheries resources, the decline of food production potential, and significant economic waste. The objective of the IPOA-Capacity is for States and regional fisheries organizations, to achieve an efficient, equitable and transparent management of fishing capacity. In order to achieve this end, the IPOA-Capacity encourages States and regional fisheries organizations with an overcapacity problem to endeavour initially to limit at present level and progressively reduce the fishing capacity applied to affected fisheries. The above objective may be achieved through a series of actions related to four major strategies: (a) the conduct of national, regional and global assessments of capacity and improvement of the capability for monitoring fishing capacity; (b) the preparation and implementation of national plans to effectively manage fishing capacity and of immediate actions for coastal fisheries requiring urgent measures; (c) the strengthening of regional fisheries organizations and related mechanisms for improved management of fishing capacity at regional and global levels; and (d) immediate actions for major transboundary, straddling, highly migratory and high seas fisheries requiring urgent measures. The International Plan of Action for Reducing Incidental Catch of Seabirds in Longline Fisheries The International Plan of Action for Reducing Incidental Catch of Seabirds in Longline Fisheries (IPOA-Seabirds) arose out of concerns over the impacts of the incidental catch of seabirds in various commercial longline fisheries in the world. The objective of the IPOA Seabirds is to reduce the incidental catch of seabirds in longline fisheries where this occurs. Thus, the IPOA- Seabirds applies to States in the waters of which longline fisheries are being conducted by their own or foreign vessels and to States that conduct longline fisheries on the high seas and in the EEZ of other States. The IPOA-Seabirds provides that States implementing the IPOA should carry out a set of activities in conjunction with relevant international organizations based on an assessment of the incidental catch of seabirds in longline fisheries. The States with longline fisheries should conduct an assessment of these fisheries to determine if a problem exists with respect to incidental catch of seabirds and adopt a National Plan of Action (NPOA) for reducing the incidental catch of seabirds in longline fisheries, if such a problem exists. On the other hand, States which determine that an NPOA is not necessary should review that decision on a regular basis, particularly taking into 22 account changes in their fisheries, such as the expansion of existing fisheries and/or the development of new longline fisheries. The IPOA-Seabirds encourages States to cooperate through regional and subregional fisheries organizations or arrangements, and other forms of cooperation, to reduce the incidental catch of seabirds in longline fisheries, including through bilateral and multilateral arrangements in research, training and the production of information and promotional material. The International Plan of Action for the Conservation and Management of Sharks The International Plan of Action for the Conservation and Management of Sharks (IPOA Sharks) arose out of concerns over the increase of shark catches and its consequences for the populations of some shark species in several areas of the world’s oceans. The objective of the IPOA-Sharks is to ensure the conservation and management of sharks and their long-term sustainable use. The IPOA-Sharks encompasses both target and non-target catches and defines a shark as including all species of sharks, skates, rays and chimaeras (Class Chondrichthyes), and the term “shark catch” is taken to include directed, bycatch, commercial, recreational and other forms of taking sharks. The IPOA-Sharks applies to States in the waters of which sharks are caught by their own or foreign vessels and to States the vessels of which catch sharks on the high seas. The IPOA-Sharks provides that States should adopt a national plan of action (Shark Plan) taking into account the experience of subregional and regional fisheries management organizations for the conservation and management of shark stocks if their vessels conduct directed fisheries for sharks or if their vessels regularly catch sharks in non-directed fisheries. The IPOA-Sharks provides that States should carry out a regular assessment of the status of shark stocks subject to fishing so as to determine if there is a need for development of a shark plan. It provides that States which implement the Shark-plan should regularly assess its implementation at least every four years for the purpose of identifying cost-effective strategies for increasing its effectiveness; while States which determine that a Shark-plan is not necessary should review that decision on a regular basis taking into account changes in their fisheries, but as a minimum, data on catches, landings and trade should be collected. IPOA-IUU The International Plan of Action to Prevent, Deter, and Eliminate Illegal, Unreported and Unregulated Fishing (IPOA-IUU) was adopted by consensus at the Twenty-fourth Session of COFI on 2 March 2001 and endorsed by the Hundred and Twentieth Session of the FAO Council on 23 June 2001. The objective of the IPOA-IUU is to prevent, deter and eliminate IUU fishing by providing all States with comprehensive, effective and transparent measures by which to act, including through appropriate regional fisheries management organizations established in accordance with international law. 23 Appendix 3 Management Measures agreed under the FCWC Regional Plan of Action aimed at preventing, deterring and eliminating IUU Fishing 1 OBJECTIVE OFTHE REGIONAL PLAN The Regional Plan of Action is based on the principles and provisions governing the IPOA IUU, and on a relatively objective analysis of existing actions, efforts and mechanisms both at national and regional levels in the zone of the countries of the Fisheries Committee for the Gulf of Guinea. The plan identifies 72 measures whose implementation according to the degree of urgency expressed by the number of asterisk is considered necessary or indispensable in certain cases. 2. MEASURES OF THE REGIONAL PLAN OF ACTION 2.1. RESPONSIBILITY OF ALL STATES 2.1.1 International instruments Measure.1*: All the states are strongly urged to sign and ratify the United Nations agreement of 1995 and that of the FAO of 1993 relating to straddling stocks and compliance with international management measures respectively; Measure.2*: All the FCWC member States are urged to include the relevant standards and principles of these agreements in their national laws and ensure their application; Measure 3* : All the States are urged to be party to the international conventions relating to safety at sea, compensation in case of pollution and the protection of endangered species. 2.1.2. National laws Measure.4*: All States are urged to review and adopt deterrent enforcement laws and provisions that can facilitate control operations and reduce IUU fishing activities in the Committee’s zone. These laws must cover fishing on the high seas, flags of convenience, the right of pursuit and responsible fisheries practices applicable to all legal personalities or entities. Measure 5*: All States are urged to harmonize their national and regional regulations especially concerning the status of the vessel, registration, flags of convenience and to envisage special provisions relating to the exercise of the right of pursuit. 2.1.3. Control of the State over their nationals Measure.6*: The States are urged to include in their national legislation (law and enforcement measures) specific provisions to help control and monitor and to judge if need be, the nationals and (persons and vessels) operating in other zones beyond their sub jurisdictions if it turns out that these persons or vessels have committed illegal fishing acts including the use of flags of convenience Mesures.7* : The States are urged to sign regional agreements and conventions among FCWC States, helping to subject to control and trial any person or vessels having committed serious offenses in the waters of one of more of the member countries. 2.1.4. Vessels without nationality Measure.8*: Organize, and develop national registries of vessels and include in the sections any data necessary to establish the traceability of fishing vessels in the waters of each country. The registers must be maintained in duplicate and initialled on electronic cards 24 24 developed on a database software to facilitate the search for and analysis of data and their exchange with the Regional Register of the FCWC. Measure.9**: Organize, computerize and update, under the same conditions as those for industrial fisheries, registers specific to artisanal and inland fisheries and register all artisanal and inland fishing vessels by adopting a participatory approach involving the local authorities, fishers’ communities and local authorities. Measure 10***: Envisage a provisional registration or number certification system (in Liberia) for boats of FCWC countries which wish to continue flying their original flag knowing that during their stay in the country, these boats are subjected to the regulations of the port country. For these boats we can think of a registration which reflects the fact that the boats belong to the FCWC countries. Measure.11*: Ban access to the waters of FCWC member countries to all vessels whose flag origin has not been established. 2.1.5. Sanctions Measure.12*: Prepare at regional level, a set of sufficiently deterrent penalties for each offense according to the gravity of the act and likely benefits to be obtained by the offenders. Integrate these penalties in a harmonized manner into the national laws to take care of conflicts of jurisdictions. Measure.13*: Consider fishing by foreign vessels [in this regional plan the notion of foreign vessels or persons refers to persons or vessels not belonging to the FCWC zone] without licence, and the access of vessels without nationality as very serious offenses giving countries to right to stop and inspect the vessel, equipment, capture and to take legal action in the competent courts against the captain, crew and shipper for violation of sovereignty. Measure.14* : For vessels of FCWC countries which commit the same offences mentioned in the previous paragraph, envisage severe penalties and a term of imprisonment from 12 to 36 months for the captain, crew and shipper in the event of a subsequent offence. Measure.15**: Create at regional level (under the FCWC) an arbitration committee to deal with offences committed by vessels of a member country in the waters of another member country and or foreign vessels having committed serious offences in several FCWC countries; Measure.16*: Introduce specific clauses against physical persons or legal entities directly or indirectly engaged in the commission of an offence upstream or downstream from the IUU fishing sector; Measure.17*: Adapt the system of penalties to the realities of artisanal fishing in the zone of the Committee using seizure and penal sanctions, ban on operating for an appropriate period; Measure.18* : Develop and undertake a regional management and awareness programme on the harmful effects of irresponsible fishing practices on the member countries for the benefit of the perpetrators of these actions; Measure.19*: List in a regional file and at national level, the vessels which commit illegal fishing acts that are duly established and exclude them from any possibility of operating in the waters of FCWC member countries; 25 25 2.1.6. Non cooperating States Measure.20** : Urge the FCWC States which are not yet members of the ICCAT to join and ensure compliance with the ICCAT measures including the non -issuance of licences to non- member countries and the refusal to market tuna products from vessels of non member countries 2.1.7. Economic Incentives Measure.21* : Suspend all support in kind or in administrative facilities to the vessels, boats or organisations and persons involved in IUU fishing and envisage appropriate provisions to deprive them of administrative or financial facilities (loans and funding) in all countries of the Committee. 2.1.8. Monitoring, Control and Surveillance Measure.22*: Assist the countries at national level to obtain the necessary and minimum resources to carry out the MCS mission and in particular the procurement of equipment for the Surveillance Centre and its installation, fast launches (patrol boats) for the coastal interception, by the ground mobile teams, of radar stations. Measure. 23*: Generalize the obligatory installation of beacons for the transmission of data to national and regional surveillance centres on board industrial fishing vessels and ensure that the equipment is compatible. Measure.24** : For the marine artisan fishers, disseminate the use of VHF and the obligation to record all fishing departures and entries in a register regularly maintained and agreed upon between the professional administrations and organisations. Measure.25*: Develop a regional surveillance centre whose role is to ensure coordination with the national centres and other centres at international level to exchange information concerning illegal fishing vessels found in the zone of FCWC countries; Measure 26*: Support the adoption of regional conventions in favour of joint surveillance operations between the countries and mobilize from development partners, the necessary resources to strengthen the capabilities of the countries in this area. Measure.27**: Set up a regional observation programme at sea and at the markets to deter the capture and sale of illegal fishery products. Envisage a training component in this programme to strengthen the capabilities of the observers and upgrade their knowledge with regard to regional approaches; Measure.28** : Introduce in the national laws and regional protocols and agreements, the obligation for the transmission of electronic data and the possibility of using beacons on board industrial vessels and the use of electronic evidence for establishing the offence; Measure.29*: Coordinate, design, adopt and disseminate the fisheries logbook and its transmission at the end of the operation. Send every six months a summary report to the Fisheries Committee on fishing activities based on a model that the Committee should prepare and distribute; Measure.30*** : Develop a regional programme of meetings, awareness campaigns and training of socio-professional organisations in order to ensure their involvement in the strategy to combat IUU fishing activities; Measure.31** : Prepare a regional inspection programme whose role is to support the 26 26 exercise through annual audit reports on the development of regulations and illegal fishing practices in the member countries and urge them to adopt and apply measures against IUU fishing; Measure.32*: Propose to the countries a unique licence model for each type of fishing so as to have consistent information capable of being used in the analysis and monitoring and control of IUU fishing; such a model would considerably facilitate the management of a regional file. 2.1.9. Cooperation among the States Measure.33*: Establish multilateral protocols and conventions among the surveillances structures in the various countries for carrying out joint operations and exchange of data and information likely to help arrest the perpetrators of IUU fishing. Measure.34**: Establish and develop a communication network between the countries and the FCWC surveillance and coordination centre (proposal) to share information and provide a monitoring system against IUU fishing practices; Measure.35**: Ensure the inventory and annual communication of the state of IUU fishing in the region to regional and international organisations and development partners. That could be done through the publication of a magazine every six months. The magazine will publish the list of vessels flying flags of convenience, the vessels having committed serious and very serious offences, the list of illegal fishing vessels considered on the black list that all countries are urged to exclude from all fishing activities in their waters, the list of shippers of countries having committed IUU offences. Measure. 36*: Develop support programmes for member countries for strengthening their capacity to combat illegal fishing: acquisition of motorboats, a national centre for communication, computerization of licence registers, formulation of deterrent and coherent legal and political instruments; III.2.1.10. Publicity Measure.37*: Develop a web site at regional level (FCWC) and keep it updated. Put on this site the main and necessary information including laws, regulations, fisheries policies, IUU fishing control plans, and regional conventions and agreements linking the 6 countries including in particular the FCWC convention; Measure 38**: Organize commercials, notices, meetings and reports on IUU fishing in FCWC countries and its economic and social consequences; 2.1.11. Technical capacity and resources Measure.39**: Encourage the strengthening of national capabilities in research, fisheries management and marine surveillance and training through the search for funding of regional programmes, especially the procurement of a research vessel which would be at the disposal of the 6 countries for undertaking stock evaluation campaigns; Measure.40**: Develop community awareness programmes for a better awareness of the need for sustainable management and participation in the fight against IUU fishing; 2.2. RESPONSIBILITY OF FLAG STATES 2.2.1 Registration of fishing vessels Measure.41*: Harmonize the procedures and conditions for the registration of fishing vessels in the FCWC zone and establish the obligation for certification of documents necessary for the registration of vessels. Before the registration of a vessel all the 27 27 competent Administrations should get information and ensure from their counterparts and in relation with the FCWC that the vessel seeking registration is not on the black list and is not the subject of legal proceedings in court; Measure.42**: Assist and encourage the States to adopt a harmonized system of registration of artisanal and inland boats and to develop databases to monitor the activities of these small fishing boats. The example of the identity card or the electronic card can be extended to artisanal fisheries; III.2.2.2. Register of fishing vessels Measure.43**: Develop computerized application for a national register of fishing vessels with a related register of the black list of vessels engaged in IUU fishing and excluded from national registers and the regional register in a manner compatible with those to be used by national registers; 2.2.3. Fishing authorization Maesure.44*: Standardize fishing licences by introducing all the headings necessary for the effective control of fishing capacity and the monitoring and control of IUU fishing practices; Measure.45** : Harmonize the procedures and conditions of access to tuna fishing on the high seas by taking into account the relevant provisions of the FAO Agreement of 1993, aimed at promoting compliance with international measures, and the Agreement of 1995, of the United Nations relating to major migratory and straddling stocks; Measure.46**: Ensure regular monitoring of the list of vessels fishing straddling stocks in the high seas authorized by the member countries. III.2.3. RESPONSIBILITY OF COASTAL STATES Measure.47*: Promote and coordinate the conclusion of agreements between the member countries for strengthening multilateral cooperation and exchange of necessary data and information (VMS); Measure.48*: Institute the right of hot pursuit (Article 111 UNCLOS) and mutually delegate the power of establishing, reporting petty offences and penalizing IUU fishing vessels in the port country where the vessel is found at the time of the establishment of the offence; Mesure.49**: Encourage the member countries to put in place plans to manage their domestic resources and promote the emergence and coordinate the search for financing to carry out the regional plans for shared stocks; 2.4. RESPONSIBILITY OF FCWC PORT STATES Measure.50*: Harmonize the regulations relating to the entry, departure and stay, landing and transhipment of vessels in the ports of member countries; Measure .51**: Organize training sessions and exchange visits for strengthening the capabilities of port control officers and provide them with a manual of practical, transparent, coherent and harmonized procedures; Measure.52*: Prepare and adopt regional regulations in relation with the port authorities in the various countries to prevent access to the ports of vessels flying flags of convenience or whose identity is not well established and prevent the landing or transshipment of their products in the ports of member countries; 28 28 Measure.53*: Introduce in accordance with international regulations the obligation to include the IMO code in the licences of fishing vessels authorized to fish in the waters of member countries; III.2.5. INTERNATIONAL TRADE Measure.54**: Prepare and have adopted by the FCWC Conference of Ministers measures and regulations for the certification of origin of captures of products unloaded in the ports of the States and/or those that pass through there; Measure. 55**: Promote the emergence, at national and regional levels, of organisations of wholesale fish merchants and strengthen their capabilities for a better participation in the fight against illegal fishing practices through the control of products on the market; Measure.56*: Integrate into the national regulations harmonized clauses instituting ‘serious to very serious’ penalties in the event of the sale, transportation, processing or marketing of products from illegal fishing; Measure.57**: Harmonize and have adopted by the Conference of Ministers the international system of description and codification of fishery products and by-products. 2.6. FISHERY AND OCEANOGRAPHIC RESEARCH Measure.58***: Initiate a medium and long term strategy to strengthen the research capabilities of FCWC countries by taking into account the urgency for the sub-region to have a research vessel for the evaluation of marine resources, as well as the strengthening of human capacities through training, short-term courses and joint missions. The use of regional expertise better adapted to the reality of the countries is strongly recommended (see Measures 39 and 49). Measure.59** : Initiate and have adopted and coordinate the studies and programmes on fishing techniques in the sub-region by using existing capacities of the technology laboratory of the Institute for Oceanographic and Fisheries Research of Nigeria. Measure.60**: Disseminate the research results to the operators by using simple and easily assimilated methods. That could be done by holding, every two years, a meeting with the presidents and Secretaries-General of marine fisheries federations in one of the member countries. The contribution of the operators to the expenses of these meetings is strongly recommended in order to increase their involvement and responsibility vis-à-vis the recommendations. 2.7 REGIONAL MANAGEMENT ORGANISATION Measure.61*: Strengthen the organisation of the Fisheries Committee for the Gulf of Guinea by creating within this Committee departments in charge of the regulation, and fight against illegal fishing and the development of approaches and strategies for regional fisheries development. Envisage even its transformation into a commission and broaden its mission relating to high seas activities and inland fisheries. Measure.62*: Provide the Committee with a communication and surveillance centre and a regional register of fishing vessels authorized to fish in the waters of the Committee. Measure.63***: Strengthen the Cooperation of the Committee with the Regional and International Organisations of the FAO, COFI, ICCAT, COMHAFAT, and the ALM Programme; 29 29 Measure.64***: Prepare a directory of the institutional and human capacities in the sub region of the Committee in order to better evaluate and establish future strategies; Measure.65*: Encourage the countries to introduce in their laws and policy documents, the obligation to ensure close cooperation for the sustainable management of shared resources in accordance with the provisions of the United Nations convention and its relevant agreements; Measure.66**: Ensure that all the States of the Committee, after ratification of the ICCA convention, give full effect to the collaborative mechanisms provided for by the said convention; Measure.67***: Ensure with the competent Regional Organisations, a wide dissemination and regular exchange of data and information on sustainable management and illegal fishing in the countries of the Committee; 2.8 IMPLEMENTATION OF THE RPOA-IUU Measure.68*: Ensure a wide dissemination of the proposed plan for study and comments; Measure.69*: Submit the proposal to the FCWC Conference of Ministers for adoption; Measure .70*: Ensure that the resolution for the adoption of the plan is effective and immediate and binding; Measure.71*: Print the plan in sufficient copies (in collaboration with the FAO) and organize a round table meeting for its presentation to the partners by preparing specifications for the principal projects. Measure .72**: Produce a regular annual report on the status of the implementation of measures of the plan which will be presented at each meeting of the FCWC Conference of Ministers; 30 30

National Plan of Action to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing · Nelum