Presentation to the GFETW meeting The Pacific Island Forum Fisheries Agency Implementing the Western and Central Pacific Fisheries Commission (WCPFC) Commission Management Measure (CMM) 2017 – 02 on Minimum Standards for Port State Measures for FFA Member Countries. Presentation to the GFETW meeting Bangkok, Thailand, February, 2019

Presentation Outline Background and Timeline FFA PSM initiatives - PSM Gap Analysis study Pacific Island Port State Measures Project FFA MTC’s Implementing WCPFC CMM 2017 – 02 Examples of Country status Future Developments

BACKGROUND AND TIME LINES A draft PSM CMM was first submitted to WCPFC by FFA Members at WCPFC 10 in 2013. This was initially based on the suggestion that the FAO PSM did not necessarily take account of existing PSM initiatives such as FFA Harmonised Minimum Terms and Conditions (HMTCs) or a full risk based approach and was limited to foreign vessels The FFA draft CMM has been modified to take account of wider CCM inputs and regularly tabled for the consideration of WCPFC concerns and was finally adopted as CMM 2017 - 02, coming in to force for CCMs as at 1 January, 2019

Background – PSM Gap Analysis Study, 2016 In 2016, to assist FFA Members to make informed decisions as to how to deal with PSM obligations FFA commissioned a gap analysis to examine the performance of FFA members’ existing port state controls against the PSMA and other relevant regional measures (e.g. FFA’s HMTC’s and relevant WCPFC CMMs).

Background - PSM Gap Analysis Study, 2016 The study included a regional synopsis and national status reports suggested 3 options for FFA Members to consider for PSM development Accede to the PSMA Develop and agree a WCPFC PSM CMM Strengthen PSM components of MTCs

FFA PSM Initiatives The FFA Secretariat has been providing technical assistance to FFA Members on PSM development strategies since the inception of the PSMA. The role of the Secretariat is to assist Members in making informed and achievable decisions and implementing PSM strategies accordingly. This capacity has been enhanced since 2016 with the inception of the PIPSM Project

THE PACIFIC ISLAND PORT STATE MEASURES PROJECT (PIPSMP) The project responds to the need to reduce IUU fishing through improved monitoring of catch unloadings, verification of fishing vessel activities, and a structured fishing vessel inspection regime based on IUU risk analysis. The project goal “Reduced IUU fishing in the Pacific through cooperative monitoring, control and surveillance programmes” framed around four Outputs, each comprising a number of sub-outputs or tasks:

PIPSMP Output 1: agreements Develop a regional and 1. Framework developed for regional PSM recognising international agreements Develop a regional and /or sub-regional framework for PSM, recognising international developments including FAO PSMA. 3. Develop and implement tools to apply the regional framework for PSM. ( data exchanges facilitated between regional information systems)

PIPSMP Output 2: National strategies and implementation tools developed. 1. Develop National strategies consistent with the regional PSM framework, to address deficiencies and build capacity to facilitate the strengthening and implementation of PSM integrated with other regional work being undertaken with national fisheries related rules and regulations). 2. Develop tools to implement National strategies.

PIPSMP OUTPUT 3: Improved National regulatory and governance framework in PICs developed. Support PICs to review, enhance and develop National level legislation, regulation and policy frameworks to apply PSM. Support PICs to implement their National level PSM including regulatory and governance frameworks. 3. Provide support to PICs who are Parties to the FAO PSMA as requested.

PIPSMP OUTPUT 4: Training programme to implement port state measures developed and rolled out. Develop a capacity building training programme which can combine with other existing training programmes. Roll out of capacity building training programme and provision of mentoring across member states.

PIPSMP PROGRESS TO DATE Four specialist long term consultant contracted to undertake key tasks as identified First regional PSM workshop held in Noumea in March 2018 Key tasks assigned to consultants to undertake drafting of PSM framework, summary of national PSM status for Members, overview of market access requirements and preparation of a risk assessment framework Joint national workshops with FAO and Second Regional PSM workshop scheduled for March 2019

FFA Harmonised Minimum Terms and Conditions for Access by Fishing Vessels (MTC’s) MTC’s were first developed in 1983 to regulate and provide minimum standards for access to FFA members EEZs constitute one of the FFA Members key strategic tools to regulate access to their waters. They are a fundamental mechanism for setting leading standards for FFA Members to protect, as well as maximise their benefits from, their fisheries resources.

MTC’s The Forum Fisheries Committee (FFC) has the responsibility for adopting and amending MTCs as they see fit MTC’s are adopted as minimum standards of access and do not preclude any member from adopting more stringent standards MTC’s are regularly reviewed and updated – most recently FFC 106 – May 2018

MTC’s Provide a framework for all foreign vessels fishing within member countries’ EEZs, to operate under the same rules A uniform and consistent application is vital to assist the Pacific Island States in undertaking enforcement of their laws and a cooperative and coordinated approach seeks to ensure the Pacific island States are not played off against each other in negotiating access agreements

MTC’s - Application of MTCs in Port FFA members shall take measures through legislation or regulations and in accordance with international law to exercise powers of port State over fishing vessels in their ports, whether or not they are authorised to fish in those members’ EEZs. This includes the power to board fishing vessels and inspect their documentation, and carry out such other measures necessary for the conservation and management of stocks.

WCPFC CMM 2017 – 02 – Objective The measure includes provision for: The purpose of this measure is to establish processes and procedures for CCMs to request that port inspections be undertaken on fishing vessels suspected of engaging in IUU fishing or fishing related activities in support of IUU fishing. The measure includes provision for:  General rights and obligations Designation of Ports Authorized fisheries Inspectors Inspection requirements Request for Port Inspection Inspection procedures Coordination and Communication Special Requirements of SIDS and Participating Territories Periodic Review  

Special Requirements of SIDS and Participating Territories CCMs shall give full recognition to the Special Requirements of SIDS, in relation to the implementation of this CMM. CCMs shall cooperate to establish appropriate mechanisms to assist Developing CCMs. These mechanisms shall include developing national and international port State measures; developing and enhancing MCS and training capacity including MCS PSM activities including access to technology and equipment; assisting SIDS CCMs with the costs involved in any proceedings for the settlement of disputes that result from actions they have taken pursuant to this CMM.

Special Requirements of SIDS and Participating Territories commence development of a mechanism, including through cost recovery, to provide funding support to SIDS CCMs that undertake inspections use best endeavours to finalize and agree this mechanism by WCPFC16 encourage the use of SIDs ports of in order to increase the opportunity to undertake inspections  

Special Requirements of SIDS and Participating Territories In implementing any obligation of this CMM, where disproportionate burden has been demonstrated by a SIDS CCMs shall cooperate to identify mechanisms required to mitigate the burden of implementation CCMs shall cooperate with that SIDS to adopt or obtain those mechanisms in order to assist that SIDS to implement that obligation Implementing the Special Requirements under this CMM are best described as `Work in Progress”.

Examples of Country status FFA Members are commonly bound by the MTC’s as minimum standards Measures beyond MTC’s are variously implemented with examples including: One Members with very high levels of PS transhipment inspecting 100% of arriving vessels and monitoring 100% of transhipments One Member with very high levels of longline vessel activity inspecting 100% of arrivals and 50% of all unloadings One small atoll country with moderate levels of transhipment inspecting 100% of arriving vessels

Examples of Country status – common themes There is a common need expressed that sourcing adequate resources – both physical and human, is a an ongoing challenge Similarly, ensure effective and updated regulatory mechanisms are in place is often time consuming For some Members, ensuring well established links between PSM related agencies is an ongoing challenge There is a common goal to see PSM reporting systems electronically based and linked to a broader CDS systems

Future Developments FFA to host Regional PSM workshop in March to focus on the consolidation the PSM framework and the development of national PSM strategies Collaboration between PSM support agencies, Consolidation of electronic reporting systems Consolidation of PSM related training and integration with CDS

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