TL: UN Fisheries Conference ECO #2 (GP) SO: Greenpeace International,(GP) DT: March 17, 1994 Keywords: environment un fisheries oceans conferences / Failed management, not precaution, leads to moratoria A number of NGOs attending the Conference have recently presented various guidelines which could form the basis of a precautionary approach to fisheries management. For example, it has been suggested that such a precautionary approach should seek to keep fish stocks at a high level relative to their unfished level, thus making them less prone to fluctuations, reducing the risk of collapse and preserving the ecosystem structure. There should be a link between the amount of data available on fish stocks and the amount of fishing allowed on those stocks: fewer data, or poor quality data, result in less fishing. Pilot fisheries should be established to collect data to determine the likely impact of fishing activity (for example, levels of bycatch, or benthic damage), before the fishery is allowed to start up on a commercial scale. Reserves should be established to allow stock recovery and habitat protection. Such a precautionary management regime would take an ecosystem approach that considers the impact of a fishery on other than the target stock. It would require timely and accurate reporting of data, adequate surveillance and enforcement and a binding dispute resolution mechanism. Some governments are afraid that precaution will be imposed upon their coastal resources, and view that as an infringement on their sovereignty. They want to maintain the right to define their own precaution. In the view of NGOs, a proper precautionary approach should be the fundamental underlying basis for management on a global basis, irrespective of where a fishery may occur. The question of sovereignty, in this context, is irrelevant. Legal nuances should not be allowed to prevent a proper application of precaution. Striking equal fear into the hearts of many delegations is the prospect of a precautionary management regime resulting in moratoria on many current fisheries. Here again, such fears are misplaced. There is nothing new about moratoria: they have been imposed in many areas over the years, long before the concept of precaution had even begun to gain acceptance. But it is wrong to equate the two: the imposition of moratoria is a last-ditch effort, a sign that management has failed. Given the depleted status of many of the world's major fisheries and the gross lack of information generally on the inpacts of fishing on the marine environment, the application of the precautionary principle may require, in extreme cases, a moratorium on some fishing practices or even the closure of specific fisheries. However, as a number of delegations have noted, the widespread application of the precautionary principle as an integral tool of fisheries management should, in many cases, prevent the need for moratoria, not increase it. The Precautionary Principle is fundamental to conservation and sound fisheries management. It is not a competing principle. Conservation is firmly established as a legal obligation under UNCLOS; if countries can't demonstrate their ability to conserve stocks, they are not meeting those obligations. It is not the application of a precautionary approach of which governments should be afraid. It is the lack of one. Editorial Don't Forget the Fishworkers This Conference is, for a variety of reasons, of concern to artisanal and small-scale fishworkers. The inter-relationship of species implies that excessive harvest of any one species could sometimes affect the catch potential of others, irrespective of juridical boundaries. The situation is worsened by burgeoning international fisheries agreements to access the under-exploited waters of the South. In Senegal, for example, the artisanal fishworkers' organisation, Collectif National des Pecheurs Artisanaux du Senegal (CNPS), has been lobbying against the fisheries agreements under the Lome Convention of the European Community. Further, overexploitation of stocks can lead to the migration of fishing fleets into inshore waters. This could threaten the lives and livelihood of artisanal and small-scale fishworkers in the North and the South. However, the plight of victims of distant water fishing nations has so far received scant attention at the Conference. The Conference has made no mention of the importance of human rights aboard fishing vessels of countries known to operate with workers from the South, who are often employed on highly exploitative terms and conditions. Without making amends for this, and without recognising the vulnerability of artisanal and small-scale fishing communities, there cannot be any responsible fishing. Neither can fishing vessels that do not meet the minimum standards of working conditions be expected to comply with resource management regimes. Discussing fisheries is a very complex matter because fish is, at one and the same time, food, commodity and species. Despite well-documented difficulties, and the near-impossibility of obtaining reliable data on straddling and highly migratory stocks, the Conference is still underpinned by traditional concepts of resource management, which have so far not prevented overfishing anywhere in the world. Without an integrated perspective which takes into consideration all the above aspects as well as the needs and priorities of various interest groups, there will be little success with fisheries management. Special provisions should be made to protect the interests of artisanal and small-scale fishworkers who face direct and indirect threats, especially since they lack recourse to an alternative livelihood. During this session, the Conference must also address the issue of violation of human rights in joint ventures. There should be adequate provisions for implementation of strong punitive measures by the port states themselves, instead of leaving these to ill-equipped flag states. The poor system of monitoring, control and surveillance that exists in almost all developing countries should not become an excuse for the continued violation of the fishing space of artisanal fishermen. But only by expanding its current, rather rigid, framework can the Conference hope to tackle these substantive issues. Sebastian Mathew, International Collective in Support of Fishworkers As fisheries continue, Newfoundland fishermen become environmental refugees By Dr. Jon Lien, Memorial University, Newfoundland Most species of groundfish on Canada's east coast are at or near their lowest observed abundance. Their depletion has required closure of most fisheries and resulted in some 30,000 lost jobs in harvesting and processing sectors. In spite of complete closures, some straddling stocks continue to decline. In 1992, Canada's Minister of Fisheries and Oceans announced a closure of the fishery for northern cod (Zones 2J, 3KL) because of the seriously depleted condition of this stock complex, which has been the central resource of Newfoundland for centuries. Unemployed fishermen and plant workers are provided with weekly compensation payments but, discouraged by the prospect of a long period without work, many are planning to leave the hundreds of small villages which dot the coast of Newfoundland. Thus, these small communities, the backbone of Newfoundland culture, are seriously threatened as fishermen become environmental refugees. Other groundfish stocks, including flatfish, redfish, cod and others, were also in critical condition and required mid-year changes in management plans during 1993. Fisheries were closed and strict actions taken to control catches of small fish and bycatch. In 1994, still more fisheries were closed and additional conservation measures taken. Even subsistence fisheries were prohibited on some stocks. Causes of the present crisis are complex. Seriously depleted groundfish stocks typically had greatly reduced spawning stock biomass and few strong year classes. There has been little successful recruitment in virtually all stocks in recent years. Harsh environmental conditions, with far colder than average water and extended ice coverage during the past decade, have coincided with the frail status of fish stocks. In response to cold water, some stocks, such as the only known remnant schools of northern cod, have moved to deeper water outside of Canada's EEZ, where they are vulnerable to high seas fishing. Continued closures of fisheries, in spite of the pain they inflict, may be the only solution to restore the health of NW Atlantic groundfish. However, it may be too late for some stocks. Recent assessments of northern cod show continued reduction of the spawning biomass, now less than one-hundredth of historical averages. Stock assessment surveys show massive declines continue even with complete closures of commercial and subsistence fisheries in Canadian waters. NAFO countries have agreed to new restrictions on their fishing activities on the Nose and Tail of the Grand Banks for 1994. However, reflagged vessels are continuing fisheries on some stocks. Significant bycatch of threatened stocks and small fish may occur in these fisheries. The presence of these boats threatens the conservation initiatives taken by Canadians within their EEZ. It is difficult for unemployed fishermen who watch as other countries continue fishing activities which impact endangered stocks. Fishermen and fish plant workers in the tiny communities of Newfoundland are watching the work of the UN Conference on Straddling Stocks and Highly Migratory Fish Stocks with high hopes. For them, it is not an abstract diplomatic exercise -- it is one of the last hopes for the survival of their communities. Towards More Equitable Fisheries Agreements The first of two parts By Aliou Sall CREDETIP, Dakar, Senegal You don't have to be an expert to realise that fish resources in the North are declining even as the demand for fish in the region increases. This is the result of an overexploitation of high seas resources by increased technology, without any consideration of their long-term viability. As this situation becomes more acute, so fisheries accords with the South are now, more than ever, indispensible for certain Northern countries. For example: Spain, whose fisheries politics have always been oriented towards resources from other countries. The difficulties, following the Namibian moratorium, of turning the Spanish vessels which fished in Namibian waters into a genuinely Spanish fleet (i.e. for the Spanish and dependent on Spanish resources) is confirmation of that. The importance which the Northern nations attach to the fisheries accords can not be understated. It is common to hear, on the part of those who wish to discredit their partners in these "equitable accords," observations such as: "In any case, the countries of the South don't have the technology necessary to exploit the resources covered by the agreements." Or: "The resources fished by foreign boats aren't the same as the ones sought by artisanal fishermen." Or even: "In most Southern nations, all activities are governed by rules, such as respect for quotas and fishing zones." These three types of comments, among others, must be set alongside the truth: *Firstly, over the years, national fleets are put together and developed. Some of them enter into competition with those from the North, fishing on stocks which are already heavily exploited and threatening their survival. *Secondly, fisheries which are referred to as "artisanal," for example in Senegal, are characterised by their dynamism. The constraints of the resource lead certain fishers to increase their fishing effort by increasing catching capacity, lengthening the time spent at sea (seven days on board pirogues de lignes glaciers for example), etc. Some of the fishers on board the pirogues turn their attention to searching for high value species, of which the quality is assured because of their autonomy. This artisanal fishery contributes to the development of the international market in fish. It has been said that in Senegal, 40% of fish exports (to Europe, amongst others) comes from artisanal fisheries. *Thirdly, foreign boats cause enormous damage to artisanal fishing communities: - collision between foreign boats and pirogues, causing material damage and threatening human lives; - entry into the artisanal zone, provoking enormous damage; - massive engines sweeping through the fishing zone; - illegal fishing in the zone reserved for artisanal fisheries. Today, it is incontestable that the institutions imposed by the North on countries of the South contribute to organised and institutionalised under-development. It is the case that a number of the institutions found in the South are regional, continental and even international in nature. Agreements imposed by the North have tended to be commercially based, because that's what the North wants. The ACP group, despite its excellent work in certain areas, still has not impressed on the North the need to view these agreements as an integral part of development. The problems posed by these agreements were never given the attention that they merited in the North, especially among westerners, because of the decision to dissociate the agreements from the realm of development. The fishing sector offers several opportunities for development of our respective countries. Without being pessimistic, one can say that the evolution of fishing agreements over the past several years has not considered the needs of fisheries development in certain countries, such as the ACP. Initiatives must be taken at an international level to make such accords more equitable. In effect, these agreements have been developed in such a way as to protect and cushion the South's so-called "partners." Dutch treat for Peruvian fishing grounds By Willem Ment den Heijer Greenpeace Netherlands In 1986, the Dutch Ministry of Foreign Affairs began negotiations over a fisheries project with the government of Peru. Dutch trawler owners were in the process of expanding and modernising their fleet, and consequently were interested in selling the old pelagic trawlers they already had. Following the negotiations with Peru, a fleet of seven trawlers were sold to a state-owned company Flopesca, based in Lima. Initially, the Dutch government had agreed on a price of around 15 million guilders (approximately $7.5 million) for the ships. But, after intense lobbying from the trawler owners, the price was raised to a total of 35 million guilders ($17.5 million). This was approximately the same amount that the Dutch fishing companies had paid for the vessels when they were built and delivered in 1973-74. A spokesman for the Ministry said in an article, published in Dutch Fishing News, that the trawlers wouldn't be competitors for artisanal fisheries and that the Peruvian government was serious about developing the project. Included with the trawlers were gear and fishing equipment, spare parts and education. Every trawler carried four Dutch crewmembers to train the Peruvian crew who came onboard. But the Dutch advisers soon became unhappy with some of the deckhands and engineers chosen by the Peruvian skippers. Most of these new crew were unable to handle the gear and equipment. Within a few days, one trawler was so badly damaged that it was unable to leave port. After three months, the Dutch crew returned to the Netherlands and told journalists from Dutch Fishing News that the whole project had been a waste of money. Despite the misgivings, it seemed that the transaction had at least been well-intentioned: after all, the Dutch government had provided Peru, under foreign development aid, with a small trawler fleet. But, in January 1994, a Dutch trawler owner and fishing company, Rederij W. van der Zwan & Zonen, bought the seven trawlers, and a fishmeal plant, for less than 2 million guilders ($1 million). The trawlers were no longer useable, and lacked some important spare parts as well as the experience to run a trawler fleet. The project, as originally conceived in 1986, no longer had a viable future. The Dutch company told the press that it would invest 2 million guilders to refit each vessel. In the European Union, the company faced quota reductions. But Peru has a quota of 2 million tons of mackerel each year. So the final balance sheet looks less than equitable. The Dutch trawler owners were able to modernise their fleet, selling their old vessels for the same amount they had paid for them almost fifteen years previously. Peru acquired a small trawler fleet which it was unable to use. And now the Dutch company is able to fish in Peruvian waters without needing to buy licenses, because it owns a Peruvian fishmeal plant and seven trawlers. CALENDAR OF CONFERENCE AND NGO EVENTS NEW YORK CITY, 14-31 MARCH Thursday-Tuesday 17-22 March 9.15 a.m. daily: NGO network meeting, Conference Room E. Information sharing. 6.15 p.m. (or 30 min. after close of afternoon session), daily: NGO network meeting, information sharing, informal briefings for and by government representatives, roundtable discussions.