BLUEFIN TUNA

1. INTERNATIONAL FISHERIES AGREEMENTS(ACCESSION TO THE INDIAN OCEAN TUNA COMMISSION (IOTC); CONVENTION FOR THE CONSERVATION OF SOUTHERN BLUEFIN TUNA (CCSBT) AND PORT STATES MEASURES REGIONAL FISHERIES MANAGEMENT ORGANIZATIONS RFMO’S) BLUEFIN TUNA PRESENTATION TO THE PORTFOLIO COMMITTEE ON AGRICULTURE, FORESTRY AND FISHERIES DEPARTMENT OF AGRICULTURE, FORESTRY AND FISHERIES 8 MAY 2015

2. THE TUNA FISHERY IN PERSPECTIVE

3. ACRONYMS • DAFF = Department of Agriculture, Forestry and Fisheries • IOTC = Indian Ocean Tuna Commission • CCSBT = Convention for the Conservation of Southern Bluefin Tuna • FAO = The United Nations’ Food and Agriculture Organisation • PSMA = Port State Measures Agreement • IUU = Illegal, Unreported and Unregulated fishing • DOJ&CD = Department of Justice and Constitutional Development • DIRCO = Department of International Relations and Co-operation • DEA = Department of Environmental Affairs • RFMOs = Regional Fisheries Management Organizations • ICCAT = International Convention for Conservation of Atlantic Tuna • CCAMLR = Commission for Conservation of Antarctic Marine Living Resources • ODG = Office of the Director-General (DAFF) • SBT = South Bluefin Tuna

4. ACRONYMS • TAC = Total Allowable Catch • SARS = South African Revenue Services • SAPS = South African Police Services • RHIBs = Rigid-hulled Inflatable Boats • AUD = Australian Dollar • USD = United States Dollar

5. INTRODUCTION OF REGIONAL FISHERIES MANAGEMENT ORGANISATIONS (RFMOS) • RFMOs are international organisations formed by countries with fishing interests in an area/ or and species. • They are open both to countries in the region (coastal states) and countries with interests in the fisheries concerned. • Some of them manage all the fish stocks found in a specific area, while others focus on particular highly-migratory species (like tuna) throughout vast geographical area. • Some RFMOs have a purely advisory role, but most have management powers to set and allocate catch and fishing effort limits, technical measures, and control obligations. • The European Union, represented by the Commission, plays an active role in six tuna organisations and 11 non-tuna organisations (European Union member states also represent themselves) - it is crucial that Africa/ African Union re-look into this matter. • African countries need an active and strategic participation.

6. BACKGROUND OF THE MATTER AT HAND • The DAFF has been requested to provide the Portfolio Committee of Agriculture, Forestry and Fisheries with additional background information to assist them to consider the Department’s request for South Africa to accede to the Fisheries Agreements: • Agreement for the Establishment of the Indian Ocean Tuna Commission (IOTC); • Convention for the Conservation of Southern Bluefin Tuna (CCSBT); and • The United Nations’ Food and Agriculture Organisation (FAO) Agreement on Port State Measures to prevent, deter, and eliminate Illegal, Unreported and Unregulated fishing (IUU). • The presentation attempts to address the Portfolio Committee’s concerns and should be viewed with the formal DAFF response submitted to the Committee on the 20 March 2015.

7. LEGAL OPINIONS • New updated legal opinions was requested and received from both DOJ&CD and DIRCO and is attached to the explanatory memo. • No amendments have taken place in all three agreements since they were reviewed by the above State Law Advisors and therefore the opinions as originally given i.e. that the three Fisheries Agreements are not in conflict with South African law remain the opinions of both Departments. • The Agreements are all multilateral instruments and with respect to signature there is one master copy that is signed and this copy is held by the Depositary. Consequently there will not be a South African text that need to be printed on South African treaty paper (DIRCO opinion). • Regarding the impact of Operation Phakisa: DIRCO notes that because the Agreements aim to establish best international practise with respect to the conservation, management and sustainable use of marine resources they understand it to be in line with the objectives of Operation Phakisa in respect to unlocking the economic potential of South Africa’s oceans. • Regarding the splitting of Departments into DEA and DAFF and whether this would effect the implementation of the Agreements: DIRCO is of the opinion that in principle this should not affect implementation.

8. PORT STATE MEASURES AGREEMENT ACCESSION OR RATIFICATION • The agreement was open for signature until 21stNovember 2010. • After that date, it was open for accession. • No party could ratify the agreement beyond 21stNovember 2010 and therefore, South Africa can likewise only accede. • As on 19th August 2014, 11 countries have ratified the Agreement. • ASSISTANCE TO DEVELOPING STATES • Article 21 reads “Parties shall give full recognition to the special requirements of developing States Parties in relation to the implementation of port state measures consistent with this Agreement”. South Africa is a developing country and as such we have already received support from RFMOs particularly with regards to training and attendance of RFMO meetings. • DENYING ACCESS TO OUR PORTS • South Africa has implemented certain segments of the Port State Measures through the requirements of the RFMOs (ICCAT, CCAMLR, CCSBT, and IOTC). However, these measures are limited as they only deal with species under the purview of the relevant RFMOs. The same capacity that is currently being used to implement port state measures under the RFMOs will largely be used to implement the FAO PSMA.

9. EXPLANATORY MEMO • Various queries were raised in respect of the Explanatory Memo and responses to them can be summarised as follows: • Briefly set out the history, objective and implications of the Agreement • The ODG obtained the Cabinet minute of 7 August 2013 which was provided to the Chairperson of the Portfolio Committee. Unfortunately we cannot copy or distribute this document more widely as the document is said to be classified. • All agreements have self-executing provisions that will become law in the Republic in terms of Section 321(4) of the Constitution upon the approval of the Agreement by Parliament; • Projected financial and other costs of the Agreement for the State; and • DAFF has appended 3 separate Opinions from the DoJ&CD and DIRCO detailing each of the International Fisheries Agreements to the submitted combined Explanatory Memo.

10. JOBS AND THE EXTENT OF INFLUENCE OF FULL MEMBERS Vulnerable groups Acceding to the IOTC and CCSBT Agreements provides direct benefit to the economy of South Africa and indirect benefit to vulnerable groups, primarily through the creation of new jobs and improving the quality of jobs from seasonal to permanent. The PSMA strives to create a network of port states to fight IUU, which would serve to provide additional protection of Africa’s marine resources, including South Africa’s marine resources from being plundered by foreign IUU vessels. Reduced IUU would increase the amount of marine resources to be used by South Africans in general. Extent of Influence by member states South Africa is allowed to participate in meetings but the level of participation is limited as non-contracting parties are not allowed to submit written proposals to be considered by the members (South Africa can’t set the agenda). Also in CCSBT South Africa is not allowed into the negotiations of SBT quota. Noting that all decisions of the RFMOs are taken by 100% consensus of its member parties meaning that if South Africa acceded we would be in a stronger negotiation position regarding tabling of quota proposals and objecting to proposals that are not equitable. As a non-contracting party we have limited power to influence decisions of member parties.

11. CURRENCY OF MEMBERSHIP FEES The currency of the membership fees is determined by the location of the secretariat. CCSBT is based in Australia and operates in Australian Dollars. IOTC is based in the Seychelles and operates in United States Dollars. Furthermore, membership fees are determined annually by a specific formulae adopted by the respective RFMO. Factors that affect membership fees include: • World Bank classification; • Historical catches; and • Annual overall budget determined by the RFMO. The latest estimates received in 2015 are as follows (with conversion rates as at 20 March 2015): • CCSBT = AUD $90 505 (1 AUD$ = R 9,3705 converts to R 848 073); and • IOTC = USD $53 276 (1 USD = R 12,1797 converts to R 648 886).

12. IMPORTANCE OF ACCEDING TO CCSBT AND IOTC Currently, South Africa has around 230 vessels in the Large Pelagic (163 tuna pole and 50 long-line). The long-line fishery alone creates around 400 direct jobs on board these vessels. For SBT in the 2014/15 fishing season, the total income generated from the current 40 ton was approximately R24 million. If South Africa acceded to Commission for the Conservation of Southern Bluefin Tuna (“CCSBT”) in 2015 the allocation would have been about 150 ton - translating to nearly R100 million which translates to an increased number of jobs (assuming all inputs increased proportionally). SBT is a high value fish and in 2013, one SBT was sold for R20 million in Japan. Access at the IOTC area is effort regulated (instead of setting TAC there is a limited number of vessels that can operate in an area during a fishing season). South Africa’s longline vessel limitation in the IOTC Area is 50 vessels and this will remain in place until 2019 (New negotiations will take place in 2019, it is important to have South Africa acceded otherwise we lose out again).

13. SBT DISTRIBUTION AND COUNTRY ALLOCATIONS Korea 1.045(2014); 1.140 2015-17) Japan 3.403(2014); 4.737 (2015-17) Aus 5.193 (2014); 5.665 2015-17) Indonesia 750(2014); 750(2015-17) South Africa 40(2014); 40(2015-17)

14. AVAILABLE ENFORCEMENT RESOURSES The Department has three (3) Inshore Patrol Vessels and one (1) offshore vessel. All these vessels are equipped with RHIBs necessary for boarding and performing inspections at sea. The Fishery Control Officers have continuous training in Safety at Sea, First Aid at Sea, Firefighting at Sea and Boarding Vessels at sea in addition to legislation, regulations, permit conditions and port state measures. Most of the inspectors have been recruited from enforcement agencies such SAPS, SARS and therefore are adequately equipped in that regard, however none are trained in respect to training guidelines as outlined in Annex E of the Agreement. This training will be covered under article 21 in respect of developing capacity for developing countries.

15. CONCLUSION The tuna long-line fishery has the potential to become the third most economically important fishery in South Africa after the hake and small pelagic fisheries. It is one of the few fisheries in South Africa that has a realistic opportunity for growth in the short term, but it is largely dependent on government providing an enabling environment, inter alia, the accession to relevant conventions like IOTC and CCSBT. Acceding to the IOTC and CCSBT Agreements provides direct benefit to the economy of South Africa and indirect benefit to vulnerability groups, primarily through the creation of new jobs and improving the quality of jobs from seasonal to permanent. In as far as acceding to the FAO’s Port State Measures is concerned, the world is affixed on South Africa to accede to this instrument in a global attempt to combat IUU fisheries as South Africa is recognised as a globally important port state (South Africa strategic geographical location is connected by 3 Oceans), which is already implementing most aspects of the Port State Measures Agreement.

16. CONCLUSION continued The PSMA strives to create a network of port states to fight IUU, which would serve to provide additional protection of Africa’s marine resources, including South Africa’s marine resources from being plundered by foreign IUU vessels. Reduced IUU would increase the amount of marine resources to be used by South Africans in general. It is recommended that Parliamentary approval be granted for South Africa to accede to the Agreement for the Establishment of the Indian Ocean Tuna Commission (IOTC); Convention for the Conservation of Southern Bluefin Tuna (CCSBT) and the FAO’s Port State Measures (PSM) Agreement to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated (IUU) Fishing.