THE DEVELOPMENT AND ENFORCEMENT OF NATIONAL PLANS TO PREVENT, DETER AND ELIMINATE IUU FISHING: THE SPANISH CASE

1. THE DEVELOPMENT AND ENFORCEMENT OF NATIONAL PLANS TO PREVENT, DETER AND ELIMINATE IUU FISHING: THE SPANISH CASE

2. 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.

3. 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

4. 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.

5. LEGAL AND ADMINISTRATIVE INSTRUMENTS • ROYAL DECREE 1134/2002 - 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.

6. LEGAL AND ADMINISTRATIVE INSTRUMENTS • ROYAL DECREE 176/2003 - 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.

7. LEGAL AND ADMINISTRATIVE INSTRUMENTS • ROYAL DECREE 2287/1998 - 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. • ROYAL DECREE 601/1999 - prohibits receiving public subsidies to Spanish companies establishing in third countries not co-operating with in the conservation of marine resources.

8. LEGAL AND ADMINISTRATIVE INSTRUMENTS • ROYAL DECREE 3448/2000 - 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.

9. 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

10. ENFORCEMENT • IMPORTANCE OF ACTING IN A CO-ORDINATED MANNER • IDENTIFICATION OF VESSELS • DETERMINING OWNERSHIP OF VESSELS • VESSEL LAUNDERING

11. ENFORCEMENT • SPANIARDS EMPLOYED ON FLAG OF CONVENIENCE VESSELS • FLOW OF INFORMATION THROUGH OFFICIAL CHANNELS • POLITICAL WILLINGNESS AND ADEQUATE RESOURCES • BILATERAL AND MULTILATERAL COOPERATION