MINISTERIO DE AGRICULTURA, PESCA Y ALIMENTACIÓN SECRETARÍA GENERAL DE PESCA MARÍTIMA THE...

MINISTERIODE AGRICULTURA, PESCAY ALIMENTACIÓN

SECRETARÍA GENERAL DE PESCA MARÍTIMA

THE DEVELOPMENT AND ENFORCEMENT OF NATIONAL PLANS TO PREVENT,

DETER AND ELIMINATE IUU FISHING:

THE SPANISH CASE



GENERAL INTRODUCTION

FAO INTERNATIONAL PLAN OF ACTION TO COMBAT IUU FISHING.

SPANISH NATIONAL PLAN TO PREVENT, DETER AND ELIMINATE IUU FISHING.

SPECIES OF MAJOR INTEREST TO SPAIN: SWORDFISH, BLUEFIN TUNA, BIGEYE TUNA.



GENERAL INTRODUCTION

FIGHTING AGAINST IUU FISHING REQUIRES GLOBAL APPROACH.

SPANISH IUU PLAN INCLUDES MEASURES CONCERNING: STATE RESPONSABILITIES COASTAL STATE MEASURES PORT STATE MEASURES MARKET RELATED MEASURES SCIENTIFIC RESEARCH COOPERATION WITH RFMO’S COOPERATION WITH DEVELOPING COUNTRIES



LEGAL AND ADMINISTRATIVE INSTRUMENTS

ACT 3/2001 ON MARINE FISHERIES

- regulates fisheries, management of the fishing sector and trade of fish products.

- Port State control as a priority: third country fish products cannot be unloaded/imported without priori authorisation from Fisheries and Customs Departments.

ROYAL DECREE 1797/1999

- monitors fishing operations by third country vessels in Spanish waters.

- refusal of landings or Port access in the event of violation of measures adopted by RFMO’s or coastal States.





- regulates activities of Spanish physical or legal persons linked to third country vessels in the event of non compliance with international management measures.

- if the flag State has not reacted promptly, sanctions foreseen in Act 3/2001 will be applicable.

- Spanish officers in command of fishing vessels must notify that they are serving on board a third country vessel.

- refusal of landings, transhipments or imports if vessel is identified by RFMO’s as IUU vessel.





- regulates control and inspection of all fishing operations.

- enhances powers of inspectors during their inspection activities, extended to imports by land, air or sea.

ORDER OF 12 NOVEMBER 1998

- requires all vessels over 24 m to carry a Vessel Monitoring System with 24 hour tracking capabilities (1,700 vessels in 2002, 3,000 by 2005) .

- VMS data are systematically used for control and sanctioning purposes.





- prevents Spanish companies from re-flagging to third countries not complying with internationally agreed conservation and management measures.

- re-flagging to any of the 48 States or territories listed as tax havens is prohibited.


- prohibits receiving public subsidies to Spanish companies establishing in third countries not co-operating with in the conservation of marine resources.





- prohibits public subsidies in the absence of guarantees of respect to internationally agreed conservation and management measures as well as to working conditions of crew members.

ROYAL DECREES 331/1999 AND 1308/2002

- all fresh and frozen fish products must be labelled with indication of species, origin of catch and dispatcher throughout the distribution chain, thus facilitating control.



ENFORCEMENT

CUTTING ACCESS TO MARKETS

IMPLEMENTING MCS SCHEMES IN RFMO’S

ADOPTION OF DOCUMENTATION SCHEMES FOR MAIN SPECIES

DRAFTING OF “POSITIVE” LISTS OF VESSELS IN RFMO’S

CONTROL OF LANDINGS, TRANSHIPMENTS AND IMPORTS



ENFORCEMENT

IMPORTANCE OF ACTING IN A CO-ORDINATED MANNER

IDENTIFICATION OF VESSELS

DETERMINING OWNERSHIP OF VESSELS

VESSEL LAUNDERING



ENFORCEMENT

SPANIARDS EMPLOYED ON FLAG OF CONVENIENCE VESSELS

FLOW OF INFORMATION THROUGH OFFICIAL CHANNELS

POLITICAL WILLINGNESS AND ADEQUATE RESOURCES

BILATERAL AND MULTILATERAL COOPERATION

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MINISTERIO DE AGRICULTURA, PESCA Y ALIMENTACIÓN SECRETARÍA GENERAL DE PESCA MARÍTIMA THE...

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