Fisheries Partnership Agreements and Trade
Following on from my 1 September 2019 post about fisheries agreements as tools to generate income and support the economies of many coastal states, the EU has announced its signing of another multi-species Sustainable Fisheries Partnership Agreement (SFPA) setting out conditions whereby EU fishing vessels may fish in the Seychelles’ fishing zone. The United Nations Food and Agricultural Organisation (FAO) states in its leading document that monitors the state of the world’s fisheries and aquaculture that for the Seychelles, trade in fish and fish products represent over 40% of its total value merchandise trade.[1]
The structures, processes and implementation of Agreements and Protocols such as these are an insight into the nature of the relationship itself and invites scrutiny as to the extent of sustainable cooperation in balancing parties’ interests.
A New Agreement and Protocol between the EU and the Seychelles
The EU and the Seychelles “concluded negotiations for a new Fisheries Partnership Agreement and a new Protocol for the next six years”[2] and unlike the EU-Senegal arrangement examined in my aforementioned post, the parties have agreed a new Agreement and implementing Protocol. Last week’s proposal for a Council decision aims to authorise the conclusion of this Agreement and its implementing Protocol.[3]
The total value of this deal in the duration of the new Protocol and taking into account the required contribution by EU ship owners is approximately €58,200,000.[4]
This Agreement and Protocol in superseding the old Agreement and Protocol takes into account the principles of the EU’s reformed fisheries policy, the Seychelles’ legislation and measures recommended by the Ocean Tuna Commission (IOTC) regarding conservation and responsible management of fisheries.[5] The Seychelles is a contracting party to the IOTC, the fisheries organisation that manages highly migratory species such as tuna in the Indian Ocean.
Fishing Opportunities and the Fleet
The new Protocol will retain the previous one’s annual reference tonnage of 50,000 tonnes allowing an EU fleet of 40 purse seiners and 8 long-liners. Focusing on allocation and apportionment of fleet there would be a 33% increase in EU long-liners operating in the Seychelles’ fishing zone. The EU states that the reference tonnage and fleet is based on analysis of past catches, available assessments and scientific advice.[6]
Sustainable fisheries agreements should be transparent as to the constituents of authority and interests present and instrumental to their formulation and operation.
Beyond Best Intentions
As the EU continues to engage with African states through SFPAs, it is important to highlight that:
There is paucity of data on the negotiating positions and decisions employed in reaching these agreements. Information about Council regulations, the Agreements and Protocols are available on the EU website. However, where it comes to information that would assist in reconciling the interests of the parties with the actual agreement, the lack of data must give us pause.
It is unclear how this new agreement takes into account measures recommended by the IOTC. For instance, the report of the 22nd session of the IOTC Scientific Committee dated 2-6 December 2019 in examining the status of tuna and tuna-like resources in the Indian Ocean and associated species emphasises problems of overfishing (Bigeye Tuna); stock decline (Albacore); and absent stock assessments and data (Bullet Tuna).[7] Meanwhile the new Protocol increases the fleet of long-liners that normally target tuna stocks.
It is unclear whether the EU in assisting or reinforcing monitoring, control and surveillance activities in the Seychelles would incorporate compulsory “before and after fishing” port calls in the new Protocol.[8] This is not the case with the previous Protocol.
Next Steps: Change through Transference
Exchange of financial rewards and technical assistance for access to resources could lead to avenues for the dissemination and adoption of international standards. It is recommended that the EU consider the impact of their actions towards reordering priorities and demonstrating a true commitment to sustainable fisheries partnerships with African states. This approach would constitute a necessary step towards engendering informed debates about fisheries policies with the aim of encouraging responsible fisheries governance.[9]
[1] FAO, The State of World Fisheries and Aquaculture (FAO Fisheries and Aquaculture Department.2018) 52.
[2] https://ec.europa.eu/fisheries/press/eu-and-seychelles-conclude-negotiations-new-sustainable-fisheries-partnership-agreement_en
[3] https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CONSIL:ST_5051_2020_INIT&from=EN
[4] https://ec.europa.eu/fisheries/press/eu-and-seychelles-conclude-negotiations-new-sustainable-fisheries-partnership-agreement_en
[5] Id.
[6] Id.
[7] https://iotc.org/documents/SC/22/RE
[8] According to the Seychelles 2019 National Report to the Scientific Committee of the IOTC, distant water fleets (such as the EU fleet) do not land or tranship in the Seychelles’ Port Victoria therefore there are no port sampling programmes in place for these vessels. Landing and port reporting at the Seychelles would go a long way towards transparent and improved logbook coverage, landings and size data accuracy in the region. See further here: https://iotc.org/documents/SC/22/NR22
[9] For more on the need for fisheries transparency and participation, see: http://fisheriestransparency.org/about-the-initiative