“Coast Guard halts illegal use of “paper captains” in WA-based tuna fishing operation” –D13 News Release

Source NOAA: Albecore, Bluefin, Skipjack, Yellowfin, and Bigeye Tuna

News Release

U.S. Coast Guard 13th District Pacific Northwest

Coast Guard halts illegal use of “paper captains” in WA-based tuna fishing operation

ASTORIA, Ore. – The Coast Guard ceased the use of illegal foreign nationals on a commercial fishing vessel that operated out of the State of Washington, Wednesday, Oct. 19.

A Coast Guard Sector Columbia River law enforcement team inspected an 89-foot fishing vessel and determined that the vessel was in violation of the Jones Act – specifically, they were in violation for utilizing a “paper captain.”

Paper captain is a term applied to an individual listed on documents as a U.S.-flagged vessel’s captain but in actuality serves as a deckhand or in a similar lower-level capacity. It is the law (46 USC §12131) that a documented vessel be under the command of a U.S. citizen.

Many fishing vessels have engaged in a pattern and practice of hiring foreign nationals to serve on U.S. commercial fishing vessels in the capacity of captain, while U.S. nationals identified as captains on paper serve in subordinate roles. 

Many of these violations have been supplemented by underlying fraudulent documents designed to avoid detection and mask the illegal operation.

“The employment of a foreign national as captain aboard a U.S.-flagged commercial fishing vessel is illegal,” said Lt. Cmdr. Colin Fogarty. the enforcement chief at Coast Guard Sector Columbia River in Warrenton, Oregon. “The practice of utilizing paper captains subverts U.S. laws and regulations designed to protect hard-working American fishermen and mariners.”

In addition to violating the Jones Act, the vessel had several safety violations including: expired Firefighting equipment; expired. degraded immersion suits; an inoperable Emergency Position Indicating Radio Beacon (EPIRB) hydrostatic release: and failure to conduct safety drills.

The Coast Guard issued a Notice of Violation for $3,000.00 and the vessel’s Certificate of Documentation was rescinded for violating the Jones Act.

Since 2020, the Coast Guard has detected a total of 10 Paper Captain Violations, primarily in the tuna fleets that operate throughout the Pacific Ocean. In total, Sector Columbia River and sister units have issued nearly $40,000 in fines directly linked to employment of foreign nationals as captains.

Visiting Fiji and other Pacific Islands

Naval News points out the apparent strong interest of many nations in West Pacific island nations, “Pacific Port Visits Show Regions Growing Importance: Expert.”

Certainly the Coast Guard has been calling on a these small island nations with significant regularity.

We are not the only ones visiting.

Type 071 LSD Wuzhishan of the People’s Liberation Army Navy (PLAN) alongside in Nuku’alofa, Tonga with an Australian Canberra class LHD visible in the background. (Xinhua)

The post points to visits by USS Jackson (LCS-6), the UK’s HMS Spey (P-234), Japan’s JS Kirisame (DD-104) and India’s INS Satpura (F-48).

Somehow, I suspect of all these, the Webber class WPCs, like USCGC Oliver Henry’s recent deployment, are the most welcome, non-threatening, the right scale, not showing off, just trying to help.

“U.S. Coast Guard conducts high seas boarding for first time in the South Pacific Regional Fisheries Management Organization Convention Area” –District 11

A U.S. Coast Guard member raises the South Pacific Regional Fisheries Management Organization (SPRFMO) flag on the Coast Guard Cutter James (WSML 754) in the Eastern Pacific, July 29, 2022. The Coast Guard completed a counter-illegal, unreported and unregulated (IUU) fishing operation for the first time under the SPRFMO. (U.S. Coast Guard photo)

Below is a news release from District 11 (HQ Alameda, CA). This looks like it may be the leading edge of new major commitment.

SPRFMO covers a huge area, “about a fourth of the Earth’s high seas areas.” See page 6 and the chart on page 50: Convention on the Conservation and Management of High Seas Fishery Resources in the South Pacific Ocean

There are currently sixteen members of the South Pacific Regional Fisheries Management Organisation:

– Australia                                                – Republic of Chile
– People’s Republic of China                   – Cook Islands
– Republic of Cuba                                  – Republic of Ecuador
– European Union                                    – Kingdom of Denmark  in
respect of  the Faroe Islands
– Republic of Korea                                 – New Zealand
– Republic of Panama                             – Republic of Peru
– Russian Federation                              – Chinese Taipei
– The United States of America              – Republic of Vanuatu

Since the EU is a member, the number of states represented is actually much higher.

News Release

U.S. Coast Guard 11th District Pacific Southwest

U.S. Coast Guard conducts high seas boarding for first time in the South Pacific Regional Fisheries Management Organization Convention Area

Editor’s Note: Click on images above to download full-resolution version.

ALAMEDA, Calif. — The Coast Guard recently completed an operation to counter illegal, unreported, and unregulated (IUU) fishing, within the South Pacific Regional Fisheries Management Organization (SPRFMO) Convention area.

The SPRFMO Convention area covers nearly a fourth of the Earth’s high seas. The SPRFMO Commission consists of 16 members from Asia, Europe, the Americas, and Oceania as well as three cooperating non-contracting parties. In 2015, the members adopted a high seas boarding and inspection measure, which allowed the United States and all SPRFMO Members to board and inspect other SPRFMO Members fishing vessels, and record any suspected violations of SPRFMO conservation measures. The results of any such boarding by the U.S. Coast Guard, including any suspected infractions, are submitted to the SPRFMO Secretariat and the flag state of the boarded vessel for further investigation and action, as appropriate.

The Coast Guard has carried out counter-IUU fishing operations in other regional fisheries management organization areas for years. IUU Fishing has replaced piracy as the leading global maritime security threat. The recent operation against IUU fishing in the Eastern Pacific Ocean marked the first time in which the Coast Guard conducted high seas boardings and inspections under SPRFMO.

This effort also demonstrated the successful use by the United States of the high seas boarding and inspection procedures outlined in the 1995 United Nations Fish Stocks Agreement – which SPRFMO adopted in 2015 – to ensure the long-term conservation and sustainable use of straddling fish stocks.

“U.S. Coast Guard presence south of the Galapagos Islands beyond Ecuador’s EEZ provided an effective presence in a difficult to reach region,” said Capt. Jim O’Mara, chief of enforcement, Coast Guard Eleventh District. “The planning and execution of the mission represented a whole-of-government approach to countering IUU fishing. Moving forward, we will build on the success of this operation and continue expanding cooperation with all our partners.”  

The areas beyond any country’s exclusive economic zone are areas often exploited by fishermen engaged in IUU fishing, as they fish beyond the reach of most law enforcement entities. The Coast Guard’s operation directly supported Central and South American partnerships and their desires to monitor and enforce sustainable fishing activity near their exclusive economic zones, and expanded maritime domain awareness and information sharing throughout the newly expanded Eastern Tropical Pacific Marine Corridor.

The Coast Guard’s actions ensured law enforcement presence among a substantial fleet of more than 400 fishing and transshipment vessels. Much of the fishing in the Eastern Pacific is accomplished by distant water fishing vessels, in many cases supported by transshipment vessels. These large-scale operations traverse the world’s oceans, and can involve forced labor, human trafficking, and other human rights abuses, as well as maritime pollution. With their vast numbers operating in close proximity to one another, these distant water-fishing fleets may also have a significant impact on such environmentally sensitive waters as those of the Galapagos Islands, home to a vulnerable ecosystem.

Enforcing the rules of regional fisheries management organizations is about sharing the responsibility for protecting vulnerable fish stocks, the economic stability of coastal nations, the livelihoods of small-scale and artisanal fishermen, and protecting our ocean resources that feed global populations and fuel economies.

“Deploying our most capable national security cutters to the Eastern Pacific to detect and deter IUU fishing in the SPRFMO Convention Area for the second time this year is a clear signal of the U.S. commitment to support what is truly a global mission,” said Rear Adm. Andrew Sugimoto, commander, Coast Guard Eleventh District. We will continue to build on these partnerships, and leverage our unique authorities and capabilities to advance stability, security, and order in the maritime domain.”

“Develop an Indo-Pacific Fishing Security Apparatus to Compete with Illegal Chinese Fishing Fleets and Maritime Militia” -USNI

Chinese fishing vessel fleet (Photo: The Maritime Executive)

The US Naval Institute Blog has a short post recommending,

“…the United States…should spearhead the establishment of an Indo-Pacific Fishery Security Cooperation (IPFSC) that includes nations from Asia, South America and Africa. This organization would enable the member states to ensure territorial and economic integrity through diplomatic pressure, the sharing of intelligence and the sharing of security forces…The ultimate goal of the IPFSC would be to combat illegal, unreported, and unregulated fishing throughout the Indo-Pacific region. As the majority infringer, the PRC would have a unified treaty organization economically and diplomatically pushing back against their illicit activities and enforcing international decisions such as the South China Seas Arbitration case… This would be somewhat similar to the North Atlantic Treaty Organization…except with an economic and law enforcement focus rather than a military focus.”

A law enforcement alliance would seem to be much easier to sell than a military one.

There are a few multi-national fisheries management organizations already, but to my knowledge none of them involve sharing of enforcement assets, though, I believe Australia, New Zealand, France, and the US have all aided smaller countries in fisheries enforcement.

The fishing fleets ravaging the worlds oceans are mobile and so large that when they move into an area, they overwhelm the local enforcement agencies. Like military organizations, you can be sure fishing fleets share information about the location and practices of their adversaries–the fisheries enforcement agencies. That is why enforcement agencies need to coordinate and share resources.

Earlier I proposed something like the sharing of security forces proposed here, “Combined Maritime Security Task Force, Pacific,” that could be implemented using an expanded multilateral “ship-rider” program–a multi-ship, multi-national, highly mobile law enforcement task force that can follow the fishing fleets from one nations EEZ to the next. The advantages of having third party witnesses when there is a contentious law enforcement action is undertaken should not be underestimated.

The afloat assets should be supported by shore based aviation and intelligence assets all in support of a multi-laterally developed fisheries management plan.

The USNI blog proposal refers to the Indo-Pacific, and my earlier post was in regard to the Western Pacific. Frankly, similar organizations could be organized in several areas, including the Gulf of Guinea, the South China Sea, the Western Pacific, the West coast of South America, and the Caribbean. It’s likely if we could form one such law enforcement alliance somewhere, and it worked, others would follow the example.

 

“New Analysis: Squid Fishing North West Indian Ocean: Clear as Ink” –Trygg Mat Tracking

Below is an announcement of publication of a brief from Trygg Mat Tracking (TMT), regarding Illegal, Unregulated, Unreported (IUU) fishing in the Northwest Indian Ocean.

I think this is something the Coast Guard units of PATFORSWA might become involved with, at least in a training and capacity building role.

This is a quote from the website explaining how TMT sees its mission.

“TMT provides national fisheries authorities and international organisations with fisheries intelligence and analysis, to assist enforcement actions and broader improvements in fisheries governance.  While TMT works with governments and organisations worldwide, particular focus is on targeting illegal fishing and associated fisheries crime in and near African waters and assisting coastal African States.”


New Analysis: Squid Fishing North West Indian Ocean: Clear as Ink

December 8th 2021: TMT has been monitoring the high seas squid fishery taking place in the northwest Indian Ocean since 2017. The fishery is currently unregulated and has seen significant expansion year on year.

Earlier this year we were able for the first time to ground truth and document the activities of some of the vessels involved at sea – rather than relying on AIS and other satellite sources only – and have produced a brief: Squid Fishing in the North West Indian Ocean: Clear as Ink.

The brief provides extensive images of the fishing activities taking place. This has provided us with extensive new understanding of this operation, but also raises many new questions and concerns.

Key findings of our analysis include:

·        There are very low levels of AIS transmission by some vessels – a significant number of vessels were identified which transmitted over AIS whilst en route to the region and then switched AIS off or transmitted only very intermittently whilst on the fishing ground. Further to this, the quality of identifying information transmitted over AIS was often poor, making it challenging to monitor the fishery.

·        Transshipment at sea was documented from fishing vessels to reefers, confirming that this is an important component of the operation.

·        There are indications of potential EEZ incursions into Oman and Yemen by vessels in the fleet, but no clarity if these are licensed or not.

·        The vast majority of the vessels were identified as Chinese. Equally the majority of relevant port calls by both fishing vessels and reefers are in China. Chinese research vessels have also been active in the area.

·        All vessels documented in the fishery are using a type of gear we have not previously observed, involving large ‘dip’ nets. Many of the vessels appear to be able to deploy multiple gear types. This is significant for several reasons, including that recent announcements by the Chinese Government to limit high seas squid fishing specified that this applies to squid jigging vessels only.

Recently high seas squid fisheries in the Atlantic and Pacific have quite rightly received significant attention. Quietly however a major fishery in the northwest Indian Ocean has also been growing year on year, but was previously only visible using satellite data. Now we have a snapshot of the operations at sea for the first time – and while some of our questions about this operation have been answered, many more are raised. The vessels observed were not jiggers as expected, but are using a new type of net gear. As well as squid the vessels are taking on board bycatch, including tuna species, fish the vessels are not authorised to catch. We hope this new analysis will help to shape appropriate policies and inform further action that will have real and lasting impacts on the sustainability of the North West Indian Ocean squid fishery and all those that depend upon it” said Duncan Copeland, Executive Director Trygg Mat Tracking.

The fishery is now starting up again for the 2021-2022 fishing season. As they do so it is important to note that this northwest Indian Ocean squid fishery continues to be subject to very little management and limited regulatory oversight. This represents a threat, not only to the sustainability of squid stocks in the region but potentially also to other regional fisheries, given the key role that oceanic squid plays in the marine food chain.

There is a clear need to address the current management gap as this fishery falls outside the geographical scope of the Southern Indian Ocean Fisheries Agreement (SIOFA) and outside the species mandate of Indian Ocean Tuna Commission (IOTC). Positive engagement by China in this process is crucial, as flag state for the fleet and port state receiving the catches, and as the only party with relevant information on the species, catch levels and fishing operations.

This briefing has been produced by Trygg Mat Tracking (TMT), with data and analytical support from Global Fishing Watch. At-sea documentation of vessels and fishing operations conducted in cooperation with Greenpeace International.

Download the 2021 brief: Squid Fishing in the North West Indian Ocean: Clear as Ink.

Britain and France Fight Over Fish

British and French fishing vessels were involved in clashes in the English Channel on Tuesday over a longstanding dispute over scallop fishing regulations.

British and French fishing vessels were involved in clashes in the English Channel, 2018, over scallop fishing regulations. Photo: France Televisions

Europeans take their fishing seriously as demonstrated by the latest conflict between the UK and France. Here is one of many reports on the subject.

The question revolves around the Brits agreeing to license a number of French fishing vessels, but requiring proof that they had fished in British waters prior to Brexit.

If it were I, I would say, you French can decide which boats should get the limited number of licenses, that would make it an internal French conflict rather than UK vs France (and EU).

“Coast Guard Cutter Kimball conducts patrol to increase maritime presence and support in Pacific” –D14

USCGC Kimball (WMSL 756) U.S. Coast Guard photo by Chief Petty Officer Sara Muir

Below is a press release from District 14. This is a demonstration of the Coast Guard’s growing commitment to countering Illegal, Unregulated, and Unreported (IUU) fishing in the Western Pacific

News Release

U.S. Coast Guard 14th District Hawaii and the Pacific
Contact: 14th District Public Affairs
Office: (808) 535-3230
After Hours: HawaiiPacific@uscg.mil
14th District online newsroom

Coast Guard Cutter Kimball conducts patrol to increase maritime presence and support in Pacific

Editors’ Note: Click on images to download a high-resolution version.

HONOLULU — The Coast Guard Cutter Kimball (WMSL-756) concluded a successful two week expeditionary patrol in support of counter-illegal, unreported and unregulated fisheries enforcement, furthering the United States’ commitment to regional security and partnerships.

As part of Operation Blue Pacific, the crew of the Kimball deployed in support of national security goals of stability and security throughout the Indo-Pacific; the crew of the Kimball remains prepared to utilize training in targeted and intelligence-driven enforcement actions as well as counter predatory irresponsible maritime behavior.

While patrolling approximately 3,600 miles in the Philippine Sea, the Kimball’s law enforcement team conducted its first ever at-sea boarding and expanded on the multilateral fisheries enforcement cooperations such as the Western and Central Pacific Fisheries Commission.

The WCPFC is an international body made up of 43 nations and international organizations. Members agree to allow the 13 countries in the pact to board and record any potential violations on their nationally flagged vessels. The findings go to the WCPFC, who notifies the vessel’s flag state of the suspected infraction for further investigation.

“Our presence in the area shows our partners the Coast Guard’s enduring efforts to provide search and rescue response and oversight of important economic resources,” said Lt. Cmdr. Drew Cavanagh, operations officer for the Kimball. “The ongoing presence of a Coast Guard cutter in this part of the Pacific to assist in determining compliance with conservation management measures established by the WCPFC demonstrates the U.S. commitment to the region and our partners.”

The Coast Guard combats illegal fishing and other maritime threats across the Pacific to protect the United States and Pacific Island Countries resource security and sovereignty. Combating illegal fishing is part of promoting maritime governance and a rules-based international order that is essential to a free and open Oceania.

While on patrol, the Kimball was briefly diverted to assist in a search and rescue case in the Federated States of Micronesia where they utilized a small unmanned aircraft system, or sUAS. Use of sUAS expands maritime domain awareness and provides persistent airborne surveillance on maritime hazards, threats, and rescue operations.

“Training is also an important component of underway time and affects our readiness,” Lt. j. G. Joseph Fox, assistant combat systems officer for the Kimball. “The team conducted law enforcement training as well as disabled vessel towing training for our newest crewmembers.”

The Kimball is one of the newest national security cutters to be homeported in Honolulu. These technologically-advanced ships are 418 feet long, 54 feet wide and have a 4,600 long-ton displacement. They have a top speed in excess of 28 knots, a range of 12,000 nautical miles, endurance of up to 90 days and can accommodate a crew of up to 150.

Advanced command-and-control capabilities and an unmatched combination of range, speed and ability to operate in extreme weather enable these ships to confront national security threats, strengthen maritime governance, support economic prosperity, and promote individual sovereignty.

“EVOLUTION OF THE FLEET: A CLOSER LOOK AT THE CHINESE FISHING VESSELS OFF THE GALAPAGOS” –CIMSEC

Chinese fishing vessel fleet (Photo: The Maritime Executive)

Somehow I missed this post when it was published, 19 Oct. 2020, but it was recently recognized as one of CIMSEC’s the top ten posts for 2020.

This only looks at fishing off the Galapagos, but pretty sure this is happen elsewhere as well. The post reports the Chinese government is paying massive subsidizes and suggests that it seems to be attempting to establish a sort of lien on the world’s fisheries stocks, e. g. “we have historically taken the majority of the high sea’s catch so we should be allowed to continue to do so in perpetuity.”

It also looks at indicators of Illegal, Unregulated, and Unreported (IUU) fishing.

“Cooperative Maritime Law Enforcement and Overfishing in the South China Sea” –CIMSEC

Republic of Korea Coast Guard vessel #3006 in company with U.S. Coast Guard cutter USCGC Boutwell (WHEC-719) during the North Pacific Coast Guard Forum in August 2007. This forum was created to increase international maritime safety and security in the Northern Pacific Ocean and its borders. The Boutwell worked with the Korean coast guard while on their way to Yokosuka, Japan. The Japanese coast guard is one of the six nations involved in the forum.

CIMSEC brings us a discussion of the possibility of cooperative fisheries enforcement in the South China Sea to stop both overfishing and Illegal, Unregulated, Unreported (IUU) fishing and perhaps bring China into a more mutually beneficial relationship with her neighbors.

Earlier, I had a suggestion about how we might form an instrument of cooperative enforcement by forming a “Combined Maritime Security Task Force Pacific,” a law enforcement alliance rather than a military one.

Probably before that could be fully realized, the various nations with competing claims to the waters of the South China Sea, need to take their claims to the UN’s International Tribunal. The more nations use it, the more pressure on China to participate. If, they do not present a cases before the international their claims will be weakened.