1. coastal fisheries & aquaculture data governance – Legal aspects
A Framework for
coastal fisheries & aquaculture
data governance – Legal aspects
First Regional Technical Meeting for
Coastal Fisheries and Aquaculture
Noumea, 28 November – 1st December 2017

2. HOF10 Meeting Outcomes 2017 SPC should take the lead on CF&A data:
(#53) Propose TOR of a formal body to ensure regional data standardisation and maintenance of minimum data standards
(#55) Look for and recover historic data and convert them into a useable format for PICTs
(#55) Use of CFP as a repository for all forms of coastal fisheries and aquaculture data as a backup to national systems
(55) “Authorised SPC to look for this historic data on their behalf and with their support, supported the use of CFP as a repository for all forms of coastal fisheries and aquaculture data as a backup to national systems, and supported CFP to seek funding to undertake this activity a full and thorough manner to recover as much historic data as possible and convert this into a useable format for PICTs in the future.”

3. Oceanic & coastal – a similar motivation
Introduction of regional standards in oceanic fisheries data collection responded to evidence of overexploitation
Before LOSC (1982 Convention) but during UNCLOS I, II & III discussions (Conferences)
Coastal fisheries resources are now showing signs of depletion and overfishing
Science is needed to achieve sustainable management through informed decisions

4. Tuna Fishery vs CF&A – some differences
DCC started as a voluntary/informal arrangement on regional standardisation of tuna fisheries data
It assists PICTs with data collection for highly migratory species as required by treaties
CF&A in the Pacific deal with domestic resources (not shared/transboundary)
CF&A data collection is not addressed consistently in international law (requirements are scattered across the range of CF&A activities)

5. Law of the Sea requirements
Coastal States shall determine:
the allowable catch of living resources in EEZ
their capacity to harvest the allowable catch
the surplus available for other States
Stock assessment (goal: optimum utilisation/effort)
State parties are required to exchange data & info on fish stocks through international bodies (subregional, regional or global), including with fishing nations
Mainly applicable to highly migratory species (shared)
LOSC ’82 implementation > UNFSA ’95 (stds) > WCPFC 2000
OFFSHORE
The European Union defines fishing effort as fleet capacity (tonnage and engine power) x days at sea (time; t).

6. Requirements affecting CF&A data
Multilateral Environmental Agreements provide on:
Relevant texts
COASTAL
Ramsar wetlands
CITES trade in specimens of regulated spp.
CBD 1992 – biol. diversity
OIE – animal health/listed diseases
FAO Constitution - statistical, technical and other information
LOSC 1982 – cooperation in marine research
Sustainable management of resources
Data collection by States
Reporting requirements
Exchange of data and information
Scientific research

7. Recommendations on CF&A data
‘Soft law’ provisions include:
Relevant texts
COASTAL
Conservation & sustainable management of resources
Informed decision-making
Fisheries & aquaculture data collection & exchange
Encourage State to implement recommended measures & monitor progress (indicators)
FAO Code of Conduct 1995
FAO SSF Guidelines 2015
UN SDG 14 on oceans, seas and marine resources 2015
SAMOA Pathway – UN Res.
Pacific Fisheries Roadmap
SPC New Song (Overarching Outcome 2 & Outcome 2) – Coastal Fisheries Report Card

8. Coastal Fisheries Report Card 2017
Goal 1 – Empowerment
Goal 3 – Livelihoods & Food Security

9. Domestic legislation to implement international law
General management principles
Standards for data collection & exchange at regional level
Informed decision-making for sustainable management
Sharing of data from research projects
Record keeping & monitoring by central/local fisheries administrations
Reporting by communities, fishers, farmers, dealers
Provisions on confidentiality & copyrights
Sanctions for non-compliance (+ warnings)
Tools to measure subsistence activities (census…)

10. Is this sufficient?
How do we make sure data are collected & exchanged according to regionally-agreed minimum standards?
Would a regional cooperative arrangement (e.g. MOU) on CF&A data collection & sharing be useful?
How should we secure compliance by all partners involved in data collection?
More in Information Paper No. 11

11. Memorandum of understanding: content?
Commitment to collecting CF&A data and reporting them to SPC in accordance with regionally-agreed minimum standards (via DSC)
Long-term storage of data in countries & at SPC
Access to data (who, how, what…) - countries own the data
Use of data (analysis, publications, dissemination)
Exchange of data (between countries, via SPC…)
Confidentiality & copyrights

12. THANK YOU! MERCI! GRAZIE!
Ariella D’Andrea, Coastal Fisheries and Aquaculture Legal Adviser,