Generic licensing guidelines Presentation to Sixth Tuna Data Workshop Workshop by Ian Freeman Noumea 25 April 2012

Overview of Presentation What are generic licensing guidelines Best practice licensing systems explained Flowchart of procedures Questions?? Some workshop questions

What are generic licensing guidelines? Generic licensing guidelines are a set of procedures and protocols that: Loosely describe how a “best practice” licensing system may be operated Define key components of a best practice licensing system, and Can be adapted by individual member countries for their own specific licensing circumstances

“best practice” licensing systems There are three main elements under a “best practice” licensing system, these being: legislative construct policy guidance and administration

Legislative construct An effective licensing system must be supported by appropriate legislation, usually a Marine Resources Act or a specific Fisheries Act. Under the Act, there is an explicit head of power that: establishes the authority to issue, renew, suspend cancel and amend licenses provides clear guidance re the powers that are available to the licensing Authority in regards to commercial fishing provide specific guidance about delegation of powers, including provision that some, but not all, licensing powers may be delegated to officers of the licensing authority May be supported by various other instruments but important that all are consistent in their intent

Types of Legislative Arrangements or Frameworks

Policy Guidance The Act and the Management plan form the basis for decision making - these can be enhanced by policy guidance to decision makers to: prioritise license applications Ensure consistency as to how applications are assessed provide flexibility to deal with special circumstances or unusual situations

Policy Guidance cont…. In the case of foreign fishing interests, any policy guidance should include at a minimum that: License conditions are consistent with the Harmonised Minimum Terms and Conditions (HMTC) HMTC are incorporated into national legislation to ensure they can be enforced. License conditions are consistent with VDS monitoring requirements. License conditions are consistent with WCPFC MCS requirements. Licenses are only issued to vessels with FFA approved MTU and that are on WCPFC and FFA Record of Fishing Vessels

Harmonised Minimum Terms and Conditions A standardised set of Minimum Terms and Conditions (MTCs) will have the benefit of ensuring that no matter where a vessel operates it is required to operate under the same set of data requirements. Consistency has real benefits – enforcement and compliance. Licence condition is the lowest form of legislation. However, often the easiest to implement and enforce and change if neccessary. Even if conditions reiterate other legislation the actual licence issued has the conditions under which a vessel is required to operate detailed.

Administrative procedures A major component of licensing work is the issuing and renewing of 12 month licences or fishing permits. Procedures for this should be documented, and flow logically & include the provision of reminders to existing licence holders towards the end of their current licence period administrative handling procedures should be documented to provide a structured “check list” for officers

Flow chart of licence procedures

Flowchart continued

Administrative procedures cont….. A key component of a licensing system is the database. This should be able to: enable tracking of licences and applications and provides a register for managing client contact details . Have reporting capability so that licensing officers can develop regular reports and be designed to allow automated reporting to provide information to the WCPFC

Database requirements The database should be designed to automatically check if a vessel is on the WCPFC and FFA registers of vessels in good standing when the application is first entered into the licensing system allow real time recording of comments and file notes when an application has not been completed

questions ……… Any questions??? Thank you for your time

Workshop Questions Does your licensing system meet “best practice”? What is missing?? What reports do you generate now? What reports would you like to generate? Basic MCS reports? Standard Reports to assist with completion of WCPFC & SPC requirements?