Fisheries Partnership Agreements: an African perspective Harrison Charo Karisa State Department for Fisheries & the Blue Economy, Ministry of Agriculture, Livestock and Fisheries 27-31 March 2017, World Maritime Week Bilbao Exhibition Centre, Spain

Genesis of Fisheries Partnership Agreements The United Nations’ Convention on Law of the Sea (UNCLOS), gives sovereign rights to coastal state over exploitation of the resources within its Exclusive Economic Zones (article56) Coastal states to conserve and manage living resources and avoid overexploitation (Article 61) Coastal state to take measures maintain or restore populations of harvested species at levels which can produce the maximum sustainable yield using best available scientific data Article 62 of UNCLOS indicates that “where a coastal State does not have the capacity to harvest the entire allowable catch, it shall, through agreements or other arrangements and pursuant to the terms, conditions, laws and regulations referred to in paragraph 4, give other States access to the surplus of the total allowable catch”

Problems of determination of “surplus” Declaration of EEZs gave all coastal states the option to either harvest the fish themselves or allow foreign vessels UNCLOS recommended that “surplus” relative to domestic fleet capacity be determined through “maximum sustainable yields” However, knowing state of most marine resources, for determination of the surplus reliably is a challenge More challenging is the use of the more appropriate “maximum economic yield”

How does it work? Exploit some species and grant access rights to foreign fleets for other species Harvest a proportion of the catch for a species and grant access to foreign fleets for the rest of the catch Foreign nations in return pay lump-sum compensation and the fleet pays a tax on catch and effort Resource rents can be maximized by the coastal state contracting the services of foreign fleet capacity making the distant water fleet a mere agent

FPAs in Africa France, Spain, Portugal, Greece and Italy are the main countries acting under public EU-Africa agreements Significant competition with China for same resources

EU-Senegal Access Agreements First fisheries access agreement between Senegal and the European Union signed in 1979 and renewed in 1982, 1985, 1987, 1990, 1992 and 1994 Species targeted: Coastal and deep demersal and tuna EU paid financial compensation in return for specified quotas (gross registered tonnage of the vessels) Compensation composed of direct payments to support: Senegalese treasury Ministry of Fisheries Monitoring, Control and Surveillance agency Bursaries for students Support for research institutes and programs Support for the artisanal sector Treasury took over 90% License fees are still paid by the each vessel for amount of fish actually

EU Senegal FAA…. Specified proportions of coastal dermersal catches landed locally to encourage domestic processing sector e.g. 29% in the 1992-94 agreement Tuna vessels and 9 shrimp trawlers are exempted Coastal demersal trawling in vessels smaller than 300 GRT allowed beyond 6 miles of the coast Larger in-shore demersal trawlers allowed beyond 12 miles At least 33% of total crew on trawlers and longliners must be Senegalese crew

Conflicts with Artisanal fishers For us, [the fishing agreement between the European Union and Guinea Bissau] has no sense or benefit because the industrial fishing boats don't leave us any chance of survival. They fish right up to the coast without being stopped and the government doesn't have the means to control their activities. If the government would listen to us, we wouldn't sign an agreement with people who catch everything, even the small fish. Mario Alberto Da Silva, artisanal fisherman, Guinea Bissau, 2003

Fish Production Kenya World Aquaculture production ~60 m MT - 50 % of fish production ($120 b) Leaders – Asia (85%); China, India, Indonesia, Bangladesh, Vietnam 2030 demand fish -160 m MT (Capture - only 80 m Mt) – Balance from Aquaculture AQUACULTURE - KENYA Kenya Total fish production – 180,969 MT Inland capture – 139,232 MT (70.5%) Aquaculture – 30,775 MT (24%) Marine Capture – 8,949 MT (4.5%) 3 species farmed (tilapia, catfish, trout)

Consumption 4.5 kg; Deficit of 225,500 MT to reach African average

Low production and consumption Lowest consumption levels in Africa (4.5 kg per capita) Challenge is to increase fish consumption to African or Global levels Only 25% of installed fish processing capacity of 18,650 utilized due to lack of fish Kenyan fish imports rising Fish deficit to be met from marine fisheries and aquaculture

Projected fish requirements for Kenya

Focus on Marine Fisheries in Kenya EEZ area of 142,400 km2 Coastal shallow shelf area is estimated at 6500km2 with shoreline length of 800km and width of about 5km except at the Malindi and ungwana bays. Rich inshore marine fishing grounds are found in and around Lamu Archipelago, Ungwana Bay, North Kenya Bank. The Coast line is fringed with an extensive system of fringing reefs covering nearly the entire shoreline The fishery is mainly artisanal, with offshore Recreational fisheries

FISHERIES INDUSTRY Artisanal fishing Semi-industrial mainly for shrimp in Ungwana and Malindi bays Characterised by some some conflicts Management plan in place, revision. Industrial fishing beginning: two long-liner vessels flagged

Measures to improve situation… Development of National Deep Sea fishing fleet Support artisanal fishers to venture further offshore Kenya Fisheries management and Development Act 2016 Kenya Fisheries Service and Kenya Fish Marketing Authority About 45% of the DWFN crew to be Kenyan citizens (unless DG otherwise authorizes) Enforced landings: Purse-seiners and long-liners to retain no more than 30% of the by-catch Negotiate a Fishing Partnership Agreement with EU

Concerns by coastal states over FPAs Cost of negotiation and implementation e.g. cost of MCS, VMS installation, training of personnel, installation of inshore ports, jetties and other infrastructure Lack of capacity to monitor DWF activities and enforce agreement conditions make it difficult for them to benefit Loss of revenue through undervaluing of resource during negotiations: The ‘value’ of the catch taken by foreign fleets is always taken to be only its ex-vessel, without contributions of value-addition Loss of employment opportunities by coastal states when processing is done abroad, no local landing Negotiation of FPAs without input from fisheries stakeholders Increasing exports limits the range of fish available for consumption by locals to small pelagic species which are climate dependent

Way forward FPAs Improving transparency: Involvement of wide range of actors during negotiations and disclosure by African governments and their trading partners should the full the terms of fisheries agreements, Ban transhipments at sea and enforce observer programmes Negotiate FPAs only when a country has proper infrastructure and facilities to enforce agreements Initiate FPAs only with countries that have ratified the PSMA for better control of ports Support regional efforts in patrol and surveillance- coast guard, observer programmes, joint patrols, VMS installations

Way forward on Kenyan fisheries development Continue providing private license to non EU- countries Develop MCS capacity to combat Illegal fishing National plans to develop a fishing port Strengthen regional collaboration on tuna fisheries including minimum terms for tuna access and implement agreed regional positions Increased aquaculture production Improved Fish Quality assurance

Asante sana Muchas gracias Merci beacoup Thank you!