Analysis of the State of Affairs with the Implementation of the National Action Plan to Prevent, Limit and Eliminate IUU Russia

Compiled by Konstantin Zgurovsky, Senior advisor of the WWF-Russia

Project goal: Reducing the negative impact of fishing on biodiversity and maintaining the productivity of marine ecosystems, both within and outside the waters of the national jurisdiction of Russia (ABNJ – Areas Beyond National Jurisdiction)

Table of contents: List of Abbreviations and Acronyms ...... P. 4 General description of the problem ...... Pp. 5-10 Chapter 1. Analysis of the Russian Federation's implementation of the National Action Plan to Prevent, Limit and Eliminate Illegal, Unregulated and Unreported (IUU) Fishing by the Russian Fishing Fleet in the Russian Maritime Zone and Outside the Maritime Zone of National Jurisdiction of the Russian Federation ...... Pp. 11-24 Chapter 2. Review of proposals for additional measures to prevent, deter and eliminate IUU fishing in various regions of the oceans ...... Pp. 25-42 2.1. Methods for assessing IUU fishing ...... Pp. 26-27 2.2. Strengthening control measures over the fishery ...... Pp. 27-29 2.3. Legal means to combat IUU fishing ...... Pp. 29-32 2.3.1. Global Record of Fishing Vessels, Refrigerated Transport Vessels and Supply Vessels, and Fishing Gear Markings ...... P. 31 2.3.2. Need to use fishing gear marking as a means to combat IUU fishing ...... P. 31 2.3.3. The Role of the Flag State in Preventing IUU Fishing ...... P. 31 2.3.4. International Plan of Action to Prevent, Deter and Eliminate IUU Fishing (IPOA-IUU) ...... Pp. 31-32 2.3.5. Voluntary Guidelines for Flag State Activities and Voluntary Guidelines for Documenting Catch ...... P. 32 2.3.6. Data exchange organizations ...... P. 32 2.4. Improvement of the fishing activity monitoring system (satellite monitoring, surveillance cameras on board, electronic fishing logbook (EPZh), observers, etc.) ...... Pp. 32-42 2.4.1. Satellite monitoring ...... Pp. 32-33 2.4.2. Electronic Fishing Logbook (FFL) and Monitoring Data Exchange ...... Pp. 33-34 2.4.3. Observers on board fishing vessels ...... Pp. 34-35 2.4.4. Reduction of by-catch and discards of non-target and less valuable species, more accurate estimation of catch (weighing the catch, improving fishing gear, etc.) ...... Pp. 35-36 2.4.5. Bringing the capacity of the fishing fleet and processing capacities into line with the amount of stocks ...... Pp. 36-38 2.4.6. Enhancing the role of regional fisheries management organizations (so-called RFMOs) and introducing the principles of sustainable use of marine living resources, ecosystem and precautionary approaches to their exploitation ...... Pp. 39-42 Chapter 3. Participation of civil society in managing the use of ABR ...... Pp. 43-46 Chapter 4. Market-based measures to increase demand for responsible fishing products and establish trade barriers for poaching products ...... Pp. 47-48 Chapter 5. CONCLUSION on the results of the implementation of the National Action Plan for the prevention, deterrence and elimination of illegal, unreported and unregulated fishing and the main proposals for the Federal Fisheries Agency, the Ministry of Agriculture and other responsible federal bodies on additional measures developed as a result of the analysis ...... Pp. 49-57 Chapter 6. Used sources of information ...... Pp. 58-61 Chapter 7. On the second stage of work ...... Pp. 62-63 Chapter 8. Report on the discussion with experts of specific proposals for additional measures to prevent, deter and eliminate IUU fishing in various regions of the oceans and proposals for amendments to the National Action Plan to Prevent, Limit and Eliminate Illegal, Unregulated and Unreported (IUU) Fishing ...... Pp. 64-65 Chapter 9. Brief summary of the report in English ...... Pp. 66-67 APPENDIXES (ANNEXES) ...... Pp. 68-118 Annex 1. Order of the Government of the Russian Federation of December 25, 2013 No. 2534-r «On Approval of the National Action Plan for the Prevention, Containment and Elimination of Illegal, Unreported and Unregulated Fishing» ...... Pp. 69-70 Annex 2. Order of the Ministry of Agriculture of the Russian Federation dated February 18, 2014 No. 14-r «On approval of the list of measures to implement the national action plan to prevent, deter and eliminate illegal, unreported and unregulated fishing» ...... Pp. 71-77 Annex 3. Order of the Ministry of Agriculture of the Russian Federation dated May 17, 2016 No. 49-r «On the cancellation of the order of the Ministry of Agriculture of the Russian Federation dated February 18, 2014 No. 14-r» On approval of the list of measures for the implementation of the national action plan for prevention, containment and elimination illegal, unreported and unregulated fishing» ...... P. 78 Annex 4. Order of the Government of the Russian Federation of December 24, 2015 No. 2661-r «On the list of measures to implement the national action plan to prevent, deter and eliminate illegal, unreported and unregulated fishing» ...... Pp. 79-81 Annex 5. Legal Activity of the Russian Federation Aimed at Countering Illegal, Unreported and Unregulated Fishing (IUU Fishing) ...... Pp. 82-87 Annex 6. Comparative analysis of the use of TSK (Technical Means of Control) of various satellite systems as part of a fishing fleet monitoring system ...... Pp. 88-91 Annex 7. Draft for statement on the legal status of the observer in commercial fisheries of Russian Federation ...... Pp. 92-94 Annex 8. On the organization of the work of scientific observers ...... Pp. 95-100 Annex 9. Activities of RFMOs (Regional Fisheries Management Organizations) and international fishery cooperation of the Russian Federation ...... Pp. 101-118 List of Abbreviations and Acronyms

PCA – (Alaska) Pollock Catchers Association (in FSBI «CSMS» – Center for monitoring fisheries and Russian – ADM (АДМ)); communications; APEC – Asia-Pacific Economic Cooperation; FFA – Federal Fisheries Agency or Rosrybolovstvo; LFA – Interregional «Longline Fishing» Association FAS – Federal Antimonopoly Service; (in Russian – AYaP (АЯП)); FSUE – Federal State Unitary Enterprise; ABR – Aquatic biological resources (in Russian – FGBNU – Federal State Budgetary Scientific WBR (ВБР)); Institution VNIRO – All-Russian Research Institute of Fisheries SDGs – UN Sustainable Development Goal; and Oceanography; EMU – Electronic veterinary certification; GMDSS – Global Maritime Distress and Safety EPZh – Electronic fishing logbook; System; ABNJ – Areas Beyond National Jurisdiction – areas CPC – State port control of foreign ships; of the World Ocean outside national jurisdiction (in ERS – Remote sensing of the Earth – observation this case – the Russian Federation); of the Earth's surface by ground, aviation and space EJF – Ecological Justice Fund; means, equipped with various types of imaging equipment; FAO – Food and Agriculture Organization of the United Nations; IKFA – International Union of Fishermen; ICCAT – International Commission for the IMO – International Maritime Organization; Conservation of Atlantic Tuna; EEZ – Exclusive economic zone; INMARSAT (Inmarsat) – International COFI – FAO Fisheries Committee; organization of maritime satellite communications; IPOA – International Plan of Action; IUU – Illegal, Unreported and Unregulated Fishing; NEAFC – North-East Atlantic Fisheries IPOA-IUU – International Plan of Action to Prevent, Commission; Deter and Eliminate IUU Fishing; TAC – Total allowable catch; CCRF – FAO Code of Conduct for Responsible Fisheries; OPRF – Public Chamber of the Russian Federation; NOAA – National Oceanic & Atmospheric OSM – Industry monitoring system (of fishery); Organization; RIC – Regional branches of FSBI «CSMS»; RFMO – Regional Fishery Management RAP – Regional Action Plans to Eliminate IUU Organization; Fishing; RBM – Right based management (management RU – Fishing parcel; based on a long-term right to a resource); ROUR or RFMO – Regional fisheries management RPOA-IUU – Regional Plan of Actions against IUU organizations; (regional action plan to prevent, deter and eliminate SSD – Daily vessel reports (or DVR); IUU fishing); SVTU FAR – North-Eastern Territorial UBC – University of British Columbia; Administration of the Federal Fisheries Agency; UNCLOS – United Nations Convention on the Law of the Sea; TINRO – Pacific Research Institute of Fisheries and Oceanography (now a Pacific branch of VNIRO); WTO – World Trade Organization; TSK – Technical control stations; WWF – World Wide Fund for Nature.

Analysis of the state of affairs with the implementation of the National Action Plan to Prevent, Limit and Eliminate IUU Russian Fishing of Aquatic 4 Biological Resources in the Atlantic and Pacific Oceans and the development of additional measures to prevent, contain and eliminate it General description of the problem

Aquatic biological resources (ABR) have a number For more than a century since the end of the of specific features that distinguish them from other 19th century, the formation of concepts for the natural resources: management of marine fisheries has passed a difficult path: from a complete denial of the – aquatic biological resources (ABR) are possibility of the impact of fishing on aquatic renewable due to the annual replenishment of biological resources to the decisive role of intensive commercial stocks through natural and artificial fishing in the destruction of such reserves. According reproduction; to FAO (2016 report), marine fishery in recent years – aquatic biological resources available for extraction had a stable value of 80.0 – 82.0 million tons (1 are located not only within the jurisdictional zone and 2). It notes that overfishing in 2013 was about of Russia, but also outside it, being distributed 31.4% of all commercial fish stocks monitored by over the massive waters of the World Ocean; FAO, a level that has remained largely unchanged – the value of natural reserves of aquatic biological since 2007. At the same time, as a positive moment, resources is subject to significant interannual the data are given that in some fishing areas the variability, commercial herds are very vulnerable situation is improving due to the introduction of to climate changes and other natural factors. effective management rules. In particular, this applies to the Northwest Atlantic. Sustainable In the first half of the 20th century, the concept of development of fisheries, according to experts rational use of fish resources was formed, which from the FAO Fisheries Department, requires the included a system of measures aimed at maintaining following changes in the management of marine fish stocks at a level that would ensure sustainable living resources by governments and key players in fishing. The most complete and meaningful, in our fisheries to achieve long-term results: opinion, it was presented in 1923 by V.I. Meissner. – the integration of fisheries, coastal and marine The basic principles of rational fishing according to management; V.I. Meisner were reduced to the following: “catching the most permissible amount of fish, in the most – control over activities affecting the marine valuable and profitable form for further use, with the environment; least expenditure of forces and material resources, – control over access to fish resources and their with the obligatory preservation of the natural protection from depletion; reserve and ensuring the continuity of the use of the – a strict legal and institutional framework; reservoir.“ With the development of fishing in the second half of the 20th century (a fivefold increase in – participation in the process of fisheries management total catches in the period 1950 – 1990), an increase of all participants in this type of activity; in anthropogenic impact on marine ecological – improving the collection of information on systems, taking into account the increasing, since the fisheries and understanding the socio-economic 1970s, trends in the depletion of aquatic biological characteristics of fisheries; resources were formed corrective approaches to the management of aquatic biological resources. Thus, – a system of measures that takes into account the it should be stated that the rational foundations of uncertainty and variability of natural resources, the management of marine living resources have and the dynamics of ecosystems; changed over the past decades. Whereas previously – strengthening public commitments for the rational the main focus was on the rational increase in fish use of natural resources. production, now the emphasis has shifted towards the concept of responsible fishing and sustainable Under the definition of Illegal, Unreported and development. These changes require new approaches Unregulated (IUU) fishing, according to the FAO to the management of marine living resources to IPOA-IPOA International Action Plan (1 and 2) fall maintain their long-term use. under:

Analysis of the state of affairs with the implementation of the National Action Plan to Prevent, Limit and Eliminate IUU Russian Fishing of Aquatic Biological Resources in the Atlantic and Pacific Oceans and the development of additional measures to prevent, contain and eliminate it 5 A. Illegal fishing which refers to the following activities: Methods for Estimating IUU Catch According to MRAG Report (2) A.1. conducted by national or foreign vessels in waters under the jurisdiction of a State without the permission Various methods are used to estimate the extent of that State or in violation of its laws and regulations; of IUU. They can be divided into two types: (a) top- down approaches that come from global assessments A.2. fishing conducted by vessels flying the flagof and approaches; b) “bottom up”, which are based on a State party to the RFMO concerned, but acting in the addition of estimates made on the basis of more violation of environmental and management measures detailed information collected at a lower level. adopted by that organization and binding on States, or relevant provisions of applicable law, international Top-down approach law; or The most common top-down approach uses global A.3. fishing that is conducted in violation of national estimates of the proportion of unreported catch, which legislation or international obligations, including is defined as a proportion of the total reported catch those taken under the cooperation of a State in the worldwide and ranges from 25-30%. The average relevant RFMO. estimate of IUU catch in study (2) for sub-Saharan Africa, expressed as a percentage of the reported catch, B. unreported fishing refers to fishery activities: is about 19%. However, it should be borne in mind that this percentage varies significantly from country to B.1. information about which has not been reported or country and from region to region. has been incorrectly reported to the relevant national authority, in particular in violation of national laws Bottom-up approaches and regulations; or As the name suggests, a bottom-up approach involves B.2. carried out in the area of competence of the RFMO analyzing more detailed information at the local scale concerned that have not been reported or have been to build a more accurate picture of IUU fishing and misreported in violation of reporting procedures in especially the differences in this magnitude from one accordance with the law. State to another. The scores obtained in this way are added together to get the big picture. The problem C. unregulated fishing refers to fisheries: with this approach is that it takes a long time, and the information is very heterogeneous and difficult C.1. in the scope of the RFMO concerned, which is to collect and process. Therefore, filling these gaps conducted by stateless vessels or those operating requires analytical methodologies of varying degrees under the flag of a non-member state, organization or of sophistication. Even when used, it is still possible fishery in a manner that is inconsistent with the law that some types of IUU catches will be missed. While or is contrary to the organization's conservation and top-down approaches can be considered leading management measures ; or to maximum overall estimates of IUU catch, it is likely that bottom-up approaches lead to minimum C.2. in areas or for fish stocks for which there are no estimates. applicable conservation or management measures and where such fishing activities are carried out in a In our opinion, the most interesting are the bottom-up manner inconsistent with the obligations of the State methods used, which include: responsible for the conservation of living marine – extrapolation of the results of observation of the resources in accordance with international law ... manifestation of IHH activity (CCAMLR); Note: Notwithstanding paragraph C, some unregulated – interpolation by the Monte-Carlo method based on fishing activities may be conducted in a manner that direct observation data; does not violate applicable international law and may – simulation modeling; not require the application of the measures envisaged in accordance with the International Plan of Action – comparison of trade and port statistics (ICCAT and (IPOA) IOTC method); and etc.

Analysis of the state of affairs with the implementation of the National Action Plan to Prevent, Limit and Eliminate IUU Russian Fishing of Aquatic 6 Biological Resources in the Atlantic and Pacific Oceans and the development of additional measures to prevent, contain and eliminate it Unfortunately, only a few of these methods provide change, which in turn makes coastal communities more information that is of sufficient quality to estimate vulnerable to these impacts. Ongoing IUU fishing often IUU catch. The problem continues to be that current depletes fish stocks and destroys habitats, reduces the estimates of IUU fishing are not available in a large value of many fisheries, threatens species extinction, number of countries. The most common information disrupts food chains, increases food security risks and available, i.e. reports of individual incidents or groups erodes local social security. The worst examples of IUU of incidents associated with IUU fishing provide very fishing are often associated with transnational crime, little data to estimate potential IUU catch (2). Below employee rights violations, bonded labor, tax evasion, we discuss this issue in more detail and present some piracy, etc. Document fraud, hidden property and lack methods for estimating the magnitude of IUU fishing of transparency contribute to hiding fish in ways that in Russia. are difficult to trace. The world's fishing fleet istwo to three times larger than what is needed in order to According to D.K. Bekyashev (3 and 4), for the first catch the amount of fish that the ocean can sustainably time the term “IUU fishing” was enshrined in the supply us with. Technological improvements in the International Plan of Action (IPOA) on IUU fishing detection of fish and fishing gear are making fishing in 2001. It details the content of all three elements of more efficient, which could further deplete resources if such fishing: illegal, unreported and unregulated. IUU the balance between the size and capacity of the fishing fishing is a general term that encompasses a wide range fleet and resources is not regulated. of illegal fishing activities; any element of IUU fishing is illegal; IUU fishing is conducted in violation of or Providing animal protein to the world's population for in violation of national or international regulations; many generations requires improved management and any of the three elements of IUU fishing is a violation an end to IUU fishing. There are three main drivers of of international law as enshrined in international IUU fishing (5): fisheries treaties and generates international legal responsibility. 1) Economic incentives that make IUU fishing low- risk and highly profitable, weak governance and The Food and Agriculture Organization of the United barriers to enforcing fishing regulations, usually Nations (FAO) estimates that IUU fishing may account caused by a lack of political will, weak enforcement, for about 15% of the world's annual industrial capture and sometimes corruption. Illegal fishing is fisheries. IUU fishing continues to pose a significant highly profitable because it is not subject to strict threat to the conservation and rational use of many regulations. Economic incentives could change if types of aquatic biological resources, leads to a decline individual countries and the global fishing industry in harvest volumes and undermines efforts to restore as a whole ensure transparent tracking of vessels their stocks, and strikes at ensuring the food security and their catches along the entire value chain, and of the population. ensure that the legality of catch is documented. This type of documentation is now possible with the The importance of the problem is evidenced by the maintenance of new technologies. Governments fact that at the 40th Session of FAO in July 2017, it must follow through with a tough breach response. was decided to establish July 5 as the International Day for the Fight against IUU Fishing. In November 2) Weak governance at the national, regional and 2017, the FAO decision was approved at a meeting of international levels. International regulation is the UN General Assembly. Taking into account the a “patchwork quilt” that allows IUU fishing to recommendations of FAO, as well as in pursuance of flourish. the instructions of the Government of the Russian Federation, Russia has developed a National Plan to 3) Barriers to tracking the implementation of fishing Combat IUU Fishing both in the near future and for rules, deficiencies in the monitoring (tracking) the foreseeable future. system of fishing operations and transparency of trade and logistics operations with fish products. According to Illegal, Unreported and Unregulated Fishing and Associated Drivers (5), seafood production Many people underestimate the value of wild-based is constrained by overfishing and habitat destruction fisheries, relying on aquaculture development, as the often caused by IUU and is exacerbated by climate share of wild-caught production is relatively static or

Analysis of the state of affairs with the implementation of the National Action Plan to Prevent, Limit and Eliminate IUU Russian Fishing of Aquatic Biological Resources in the Atlantic and Pacific Oceans and the development of additional measures to prevent, contain and eliminate it 7 has fluctuated slightly since the 1980s. Aquaculture has The main international treaties to combat IUU fishing seen impressive growth in the supply of fish products are: for consumption over the past 3-4 decades. Yet this – 1982 UN Convention on the Law of the Sea (7); sector remains highly dependent on subsistence fishing, as a significant amount of it is used as feed and – Agreement on the Implementation of the Provisions therefore remains inextricably linked to issues of IUU of the United Nations Convention on the Law of the fishing and fishing (cited in 5). Sea that Relate to the Conservation of Straddling Fish Stocks of 1995; According to a new study by the University of British – The 1973 Convention on International Trade in Columbia (UBC), between 8 and 14 million metric tons Endangered Species of Wild Fauna and Flora of fish are illegally caught each year (6). This fish is (CITES); worth approximately US $ 9 to 17 billion (€ 8 to 15 billion). But the overall economic losses associated – Agreement on the Enforcement of Measures for the with these illegal operations are even greater, ranging International Conservation and Management of from US $ 26 to 50 billion (€ 23 to 44 billion) globally. Fishing Vessels on the High Seas of 1993; In addition, losses in tax revenue range from $ 2 billion – Agreement on Port State Measures to Prevent, Deter to $ 4 billion (€ 1.8 billion to € 3.5 billion), the study and Eliminate IUU Fishing, 2009 said. This study used reconstructed catch data from 2004 to 2015 to calculate losses for 143 countries. Asia, According to the 1982 UN Convention on the Law of the Africa and South America combined accounted for Sea, more than 180 states participate in it, incl. Russian 85 per cent of global catch losses from illegal fishing Federation since 1997. It reflects: and trade in seafood, with the impact most evident – Art. 86 – Freedom of fishing on the «high seas» with in Africa and Asia. In Africa, the study estimates the appropriate restrictions; economic impact to be US $ 8 to 14 billion (€ 7 to 12 billion). Much of that volume may be attributed – Art. 90 – Each state, whether it is coastal or to the unreported catches of large foreign industrial landlocked, has the right to have vessels operating fleets, the study said. The economic impact in Asia is under its flag on the high seas.; even more significant, with losses ranging from US $ – Art. 91 – Vessels must have nationality, registration, 10 to 20 billion (€ 9 to 18 billion). Both continents are flag. What is important in this article (in the context also losing significant tax revenues. Africa and Asia of combating IUU fishing) is that the State must have suffer between $ 800 million and $ 1.5 billion (€ 708 a real link with the vessel flying its flag (to combat million to € 1.3 billion) and $ 1.6 billion (€ 1.4 billion), open registries); respectively. Often, unreported catches are handled aboard large foreign transshipment vessels and sent – Art. 94 – Each state must exercise control over the directly overseas. Developing countries are deprived of courts in administrative, technical and social matters. valuable food sources, as well as jobs and income from Art. 94, reveals the essence of real communication; unloading and processing, jobs do not appear in the – Art. 117 – The duty of states to take measures towards country where they fish. Of course, not all unreported their citizens in order to ensure the conservation of catches are illegal, especially in small-scale artisanal living resources on the high seas; fisheries where there is no legal mandate to register – Art. 118 – Cooperation of states in the conservation catches. In some cases, there is a requirement but no and management of living resources (bilateral and data collection system to actually record and report all multilateral treaties and the creation of RFMOs). catches. 94 states participate in the Agreement on the Catches are categorized as reported and unreported. Implementation of the Provisions of the 1982 UN Reported catches passing through official channels Convention on the Law of the Sea, which relate to the are mostly legal. The unreported is the backbone of conservation and management of straddling fish stocks much of the illegal trade in ABR. Unreported catches and highly migratory fish stocks. Russian Federation are often overlooked in scientific assessments of fish since 04.08.1997. This Agreement includes in Article 5 stocks and predicted catch rates, potentially leading to the Principles for the Conservation and Management overfishing. And overfishing can lead to loss of income of Straddling Fish Stocks and Highly Migratory Fish and employment (6). Stocks:

Analysis of the state of affairs with the implementation of the National Action Plan to Prevent, Limit and Eliminate IUU Russian Fishing of Aquatic 8 Biological Resources in the Atlantic and Pacific Oceans and the development of additional measures to prevent, contain and eliminate it – ensuring long-term stability of reserves; 69 States participate in the Port State Measures to Prevent, Deter and Eliminate IUU Fishing Agreement – conservation measures should be based on sound of 2009 (as of 13 December 2019 – see http://www.fao. scientific evidence; org/fileadmin/user_upload/legal/docs/037s -e.pdf). – applying a cautious approach; The purpose of this Agreement is to prevent, deter – limit reduction of emissions; and eliminate IUU fishing through the application of effective port State measures, such as: – conservation of biological diversity; – Port entry – each side designates ports to which – ensuring that vessels flying its flag do not engage in vessels can request entry. Each party, as a port illegal fishing in areas of national jurisdiction; State, shall apply this agreement to ships not – establishment of a national register of vessels; entitled to fly its flag, which seek to enter its ports or are in one of its ports; – marking of vessels; – The vessel should report a minimum of – the need for a satellite tracking system on board information – what is on board and where aquatic (satellite monitoring system) biological resources were obtained. The main thing – control of transshipment operations in the port and is the procedure for preliminary notification of a at sea. port call, including the provision of information on the issued permits for fishing, transshipment, Article 6 stipulates the Application of the precautionary etc. prior to entering the port, and obtaining approach. The responsibilities of States in implementing permission for such an entry; the precautionary approach are to: – Carrying out the necessary procedures in the a) improving decision-making processes; port – checking if the vessel is on the “black list” b) development of programs for collecting the maintained by RFMOs and states; necessary data. – Inspectors check the catch or production (not less than the established percentage of the amount Article 18 specifies the Responsibilities of the Flag State: from all (foreign) vessels that were allowed to enter – That its vessels comply with fishing regulations; the port); – That the flag state maintains constant control over – Inspection results are shared with the flag state, the activities of its vessels. RFMO and FAO; – Prohibit fishing by vessels that do not have proper – If the vessel has engaged in IUU fishing, it is fishing licenses or permits. expelled or handed over to a flag State official.

The 1993 Agreement to Enforce Measures for the International organizations involved in countering International Conservation and Management of Fishing IUU fishing: Vessels on the High Seas includes: – United Nations Organization (UN); – Art. 3 – Each State has an obligation to ensure that – Food and Agriculture Organization of the United its vessels do not engage in IUU fishing; Nations (FAO); – Art. 3 – Each state should not issue a fishing permit – International Maritime Organization (IMO); to a vessel if it cannot effectively control its work; – Art. 3 – If the vessel is deprived of the flag, the permit – Regional Fisheries Management Organizations for carrying out fishing activities by it is canceled; (RFMOs) – NAFO, NEAFC, CCAMLR, ICCAT and others (over 30 organizations). – Art. 4 – Each state must maintain a register of fishing vessels; The International Plan of Action to Prevent, Deter – Art. 6 – Each State is required to provide FAO with and Eliminate IUU Fishing was adopted by FAO in full information on vessels, licenses withdrawn and 2001. It is not mandatory, but only a recommendation cases of IUU fishing. document. For the actions and responsibilities of states, it is recommended:

Within the framework of the International Plan, states e) prevention of illegal trade in living marine are recommended to fulfill the obligations of the flag resources. When exporting living marine resources state to register fishing vessels, to comply with the by an exporter, the competent authority of the party measures of coastal states. It is recommended to follow to the agreements, authorized to issue certificates the rules of action of international RFMOs: (such is the relevant territorial department of the Federal Fisheries Agency), on the basis of a written – compilation of «black» lists of violating vessels; application from the exporter (shipowner or – international control of ships in the RFMO area of processing enterprise), must issue such a person activity; a certificate confirming the legality of the origin of the exported sea resources. This document must be – application of sanctions to violators of fishing rules. presented at the port of discharge in the territory of the party to the agreement. Without this certificate, All States should have their own national action plans the products are recognized as poaching and are to counter and suppress IUU fishing. The agreements subject to arrest, and the vessel is detained. of the Russian Federation with other countries on combating IUU fishing cover two sets of problems: According to D.K. Bekyashev (3) IUU fishing is a) combating IUU fishing; a multifaceted and dynamic problem that cannot be effectively addressed by the efforts of a single state. b) prevention of illegal trade in living resources. A multilateral approach is required at the international, The main technical and legal means to prevent IUU regional and national levels with the participation of all fishing are: interested countries. Moreover, he and his co-author (K.A. Bekyashev) were invited to take an active part a) control over the fishing of living marine resources; in the codification of international marine fisheries, b) ensuring guaranteed access for competent which would allow streamlining the legal framework authorities to information on the name, type, for fishing in the world through the implementation registration number and call signs of the vessel; of international measures recommended by FAO into Russian legislation (8). UN member countries, c) provision of installation on Russian vessels engaged agreeing on Sustainable Development Goal (SDG) in fishing and marine scientific research, technical 14.4, agreed to end illegal, unreported and unregulated means of control, ensuring automatic transmission (IUU) fishing and overfishing by 2020. It is unlikely of information about the location of the vessel, the that this will happen this year, but in the future they volume of living resources on board, and fishery will be very far from this goal without immediate joint products on a continuous basis; efforts.

Analysis of the state of affairs with the implementation of the National Action Plan to Prevent, Limit and Eliminate IUU Russian Fishing of Aquatic 10 Biological Resources in the Atlantic and Pacific Oceans and the development of additional measures to prevent, contain and eliminate it Chapter 1. Analysis of the implementation by the Russian Federation of the National Action Plan to Prevent, Limit and Eliminate Illegal, Unregulated and Unreported (IUU) Fishing by the Russian Fishing Fleet in the Russian Maritime Zone and outside the Maritime Zone of National Jurisdiction of the Russian Federation

Analysis of the state of affairs with the implementation of the National Action Plan to Prevent, Limit and Eliminate IUU Russian Fishing of Aquatic Biological Resources in the Atlantic and Pacific Oceans and the development of additional measures to prevent, contain and eliminate it 11 The National Action Plan for the Prevention, 3) Also, in the legislative act that defines the main Containment and Elimination of Illegal, Unreported provisions for the implementation of fisheries and Unregulated Fishing (hereinafter – the National activities – Federal Law No. 166-FZ “On fishing Plan) was approved by the order of the Government and conservation of aquatic biological resources” of the Russian Federation dated December 25, 2013 to date, there is no definition of IUU fishing and the No. 2534-r (Annex 1). corresponding references to the adopted National Plan and the List of measures for the implementation Illegal, unreported and unregulated fishing in this of the National plan. plan means the activities provided for in paragraph 3 of section II of the International Plan of Action to 4) In pursuance of clause 2 of the order of the Prevent, Deter and Eliminate Illegal, Unreported Government of the Russian Federation of December and Unregulated Fishing, approved on June 23, 25, 2013 No. 2534-r “On the approval of the National 2001 (Item 2 of the National Plan). At the same action plan for the prevention, deterrence and time, given that the wording of the term “illegal, elimination of illegal, unreported and unregulated unreported and unregulated fishing” (IUU fishing) is fishing” FFA (Rosrybolovstvo) was developed and taken from the international, FAO recommendation approved by the order of the Ministry of Agriculture document, the Russian-language understanding of of the Russian Federation dated February 18, 2014 the term IUU fishing is not provided in the National No. 14-r List of measures to implement the national Plan (Annex 1). action plan to prevent, deter and eliminate illegal, unreported and unregulated fishing (Annex 2). Currently, activities to combat IUU fishing in Russia are regulated by the order of the Government of the Russian Subsequently, by the order of the Ministry of Federation of December 24, 2015 No. 2661-r: “On the Agriculture of the Russian Federation dated May 17, list of measures to implement the national action plan 2016 No. 49-r “On the cancellation of the order of to prevent, deter and eliminate illegal, unreported and the Ministry of Agriculture of the Russian Federation unregulated fishing.” The previously adopted orders of dated February 18, 2014 No. 14-r” On approval of 2013 and 2014 from that moment were recognized as the list of measures for the implementation of the invalid by the order of the Ministry of Agriculture of the national action plan for the prevention, containment Russian Federation of May 17, 2016 No. 49-r (9). See and elimination of illegal, unreported and unregulated Annexes 2, 3 and 4. fishing “(Annex 3) in connection with the adoption of the order of the Government of the Russian Federation The Government Decree of December 24, 2015 No. dated December 24, 2015 No. 2661-r on the approval of 2661-r includes (10): a) The list of measures for the the List of measures to implement the national action implementation of the National Action Plan for plan to prevent, deter and eliminate illegal, unreported the Prevention, Containment and Elimination of and unregulated fishing (Annex 4) the order of the IUU Fishing is given, and b) Target indicators for Ministry of Agriculture of the Russian Federation the implementation of measures to implement the dated February 18, 2014 No. 14-r “On approval of the National Action Plan for Prevention, Containment and list of measures to implement the national action plan the elimination of IUU fishing (Annex 4). to prevent, deter and eliminate illegal, unreported and unregulated fishing” was canceled and this document 1) Agreement on Port State Measures to Prevent, Deter t became invalid. and Eliminate Illegal, Unreported and Unregulated Fishing, 2009. 5) At present, the List of Measures for the Implementation of the National Action Plan for the The Russian Federation signed the 2009 Agreement, Prevention, Containment and Elimination of Illegal, but has not yet ratified it. Unreported and Unregulated Fishing was approved by the order of the Government of the Russian Federation 2) It should also be noted that, to date, the Russian dated December 24, 2015 No. 2661-r (Annex 4), has Federation, apart from the National Plan, does not 9 items in the section “Contents measures “(against have a comprehensive specialized legislative act to 22 points in the canceled order of the Ministry of combat IUU fishing. Agriculture of the Russian Federation dated February 18, 2014 No. 14-r, which approved the List of measures

Analysis of the state of affairs with the implementation of the National Action Plan to Prevent, Limit and Eliminate IUU Russian Fishing of Aquatic 12 Biological Resources in the Atlantic and Pacific Oceans and the development of additional measures to prevent, contain and eliminate it to implement the national action plan to prevent, deter aquatic biological resources, the provision and and eliminate illegal, unreported and unregulated receipt of reliable reporting data of organizations fishing (Annex 2)) ... of the fishery complex on the volume of harvesting (catch) of aquatic biological resources and on the The corresponding columns of the List indicate: production of fish and other products from them; – Types of documents prepared in pursuance of the - 5. Confirmation of the legality of the origin of catches measures planned in the List (draft federal laws, of aquatic biological resources and products from Resolutions of the Government of the Russian them exported from the territory of the Russian Federation, reports to the Ministry of Agriculture Federation and imported into the territory of the of Russia). This list does not provide for other types Russian Federation. of prepared documents; Indicators 2 and 3 can be considered almost completely – Responsible executors (Ministry of Agriculture fulfilled by state structures until the end of 2020. of Russia, FFA (Rosrybolovstvo) (together with In clause 4: “Automation of the processes of issuing organizations of the fishery complex), FSB of and obtaining permits for the harvesting (catching) Russia, Ministry of Internal Affairs of Russia, of aquatic biological resources...”, it was supposed to Ministry of Economic Development of Russia, be carried out through the FSIS “Mercury”, but this Ministry of Transport of Russia, other interested function has not yet been developed for the FSIS. And federal executive authorities); according to clause 5 “Confirmation of the legality of – In the column “Deadline for the action”, the the origin of catches of aquatic biological resources deadlines for most of the planned activities are and products from them...” is carried out through the limited to the third and fourth quarters of 2016 and relevant certificates of the EU and other countries, only paragraphs 5, 8 and 9, for which the type of but the Electronic Veterinary Certification (EVC generated documents is defined as a “report to the or in Russian – EMU) for fish products introduced Ministry of Agriculture of Russia”, have a frequency and integrated with the FSIS “Mercury” provides of execution – reports FFA (Rosrybolovstvo) must only electronic document circulation, monitors the be submitted to the Ministry of Agriculture of movement of fish products only within the territory Russia “annually, by February 1”. of the Russian Federation and does not track its full movement from the place of fishing to the end 6) In the annex to the order of the Government of consumer. Being a closed service system, EMU the Russian Federation dated December 24, 2015 cannot provide the end consumer of fish products No. 2661-r “Target indicators for the implementation (a buyer in network and non-network trade) with of the national action plan to prevent, deter and sufficient information about the place of extraction of eliminate illegal, unreported and unregulated fishing” raw material, conditions of production, storage and (Annex 4) in tabular form, 5 target indicators, the transportation of fish products. deadline for which is indicated in 2020, and the indicators themselves are expressed as a percentage: 7) Taking into account the specific time frame – 1 indicator – 37.9%, the remaining indicators from 2 2020, the achievement of the “Target indicators for to 5 – 100%. the implementation of measures to implement the national action plan to prevent, deter and eliminate Accordingly, by the end of 2020, the following activities illegal, unreported and unregulated fishing”, it should should be completed to achieve the 100% indicators: be assumed that the order of the Government of the - 2. Implementation of state monitoring of the Russian Federation of December 24, 2015 No. 2661-r activities of Russian vessels of the fishing fleet; has a limited validity period – until the end of 2020. At the same time, the order of the Government of - 3. Ensuring the fulfillment of the obligations of the the Russian Federation dated December 25, 2013 Russian Federation under international treaties No. 2534-r “On approval of the National Action in the field of fishing and conservation of aquatic Plan for the prevention, deterrence and elimination biological resources in the part related to ensuring of illegal, unreported and unregulated fishing” has control over the activities of Russian fishing vessels; unlimited validity period and, accordingly, an analysis - 4. Automation of the processes of issuing and should be carried out of the implementation of the obtaining permits for the harvesting (catch) of order of the Government of the Russian Federation

Unfortunately, we do not have access to These changes are primarily associated with Rosrybolovstvo’s reports to the Ministry of Agriculture strengthening measures to combat poaching, on the implementation of the National Plan, so we including an increase in the number of fish protection used open sources of information and will consider raids, strengthening of interagency cooperation each of the points separately. measures, as well as a significant increase in taxes for calculating the amount of damage caused to aquatic 1) The first paragraph of the National Plan is (see biological resources, in accordance with the decree Annex 1): of the Government of the Russian Federation from November 3, 2018 No. 1321 (below). Amendments to the legislation of the Russian Federation aimed at strengthening criminal and Clause 2: administrative liability for violations in the field of fishing and the conservation of water resources, Amendments to the legislation of the Russian including administrative liability for failure to comply Federation in terms of improving the system of state with the requirements for the installation and operation registration of fishing vessels and their use for fishing, of technical controls that ensure the automatic limiting the possibility of state registration of vessels transmission of information about the location of involved in IUU fishing. Deadline – 4th quarter 2017. the vessel, and for failure to submit vessel’s daily reports or the inclusion in the vessel’s daily reports of The point has been practically completed, all information that does not correspond to the indicators fishing, refrigerated and transport vessels have a of the vessel, fishing and technological journals draft state registration number (?). At the same time, federal laws of the Ministry of Agriculture of Russia, vessels arrested or detained as part of anti-poaching the FSB of Russia, the Ministry of Internal Affairs of operations, including vessels with a flag of convenience, Russia, the Ministry of Economic Development of often change their names and registration numbers Russia, and other interested federal executive bodies. which requires separate regulation both at the national Completion date 4th quarter 2016. and international levels.

The point is partially fulfilled with the exception of Clause 3: digitalization and electronic issuance of permits. There have been changes in legislation (11), including Establishment of the procedure for the implementation significantly increased fines for illegal extraction of of electronic interaction of citizens and legal entities ABR. At the same time, it should be noted that the with the federal executive authority in the field of Russian Federation does not have a comprehensive fisheries using special hardware and software tools and specialized legislative act to combat IUU fishing. This, an electronic signature when obtaining permits for the however, does not mean that there are no provisions in harvesting (catch) of aquatic biological resources and Russian legislation to punish IUU fishing. reporting on the activities of vessels of the fishing fleet and organizations of the fishery complex draft federal In July 2013, Federal Law No. 150-F3 “On Amendments law Ministry of Agriculture of Russia, Rosrybolovstvo, to Certain Legislative Acts of the Russian Federation” FSB of Russia, Ministry of Economic Development was adopted, which established criminal liability for of Russia, other interested federal executive bodies. illegal extraction and circulation of especially valuable Completion date – 4th quarter 2016. aquatic biological resources (for example, sturgeon) belonging to the species listed in The Red Book of The Federal State Budgetary Institution “Center for Russia or protected by international treaties. Fisheries Monitoring and Communication System”

Analysis of the state of affairs with the implementation of the National Action Plan to Prevent, Limit and Eliminate IUU Russian Fishing of Aquatic 14 Biological Resources in the Atlantic and Pacific Oceans and the development of additional measures to prevent, contain and eliminate it (CSMS) provides state monitoring of aquatic biological of harvest (catch) of ABR resources and products from resources, supervision and control over the activities them should be 100% completed by 2020. At the same of fishing vessels. CSMS provides state services and time, the introduction of the ESP is being delayed and performs state work in order to exercise the powers the fishing community has serious complaints about of the Federal Fisheries Agency in the field of fishing the introduction of this system. and conservation of aquatic biological resources. The institution was created in accordance with the order of Clause 4: the Government of the Russian Federation, and is part of the structure of the Federal Fisheries Agency. Creation of an interdepartmental information and analytical system “Fishery” on the basis of the sectoral The head monitoring center is located in Moscow and system for monitoring the ABR, monitoring and control at the federal level it processes, stores and analyzes over the activities of fishing vessels, the operation of data coming to the Industry Monitoring System (in which is ensured by the Federal Fisheries Agency, and Russian – OSM) from the regional level. The divisions information systems of other federal executive bodies, of the CSMS are two regional monitoring centers – with the definition of its head interdepartmental Western and Eastern, which ensure the functioning operator and the owner of the information contained of OSM in the regions and collect data. The territorial in it ... Deadline for the 3rd quarter of 2016. divisions of the CSMS perform the functions of regional information centers of the OSM, keep records of the “Regulations on the functioning of the sectoral organizations of the fishery complex and vessels, as hierarchical information-analytical automated well as collect, process and store data on their activities management system for the use of aquatic biological at the regional level (see http://cfmc.ru/about/). resources (OSM – Information system “Fishing”)” was approved and put into effect on November 1, Satellite control of positions occurs without 1996. It has officially ceased to be in force and now the participation and regardless of the will of the crews of functioning of the OSM is regulated on the basis of the the vessels. Fishing permits are issued only to vessels order of the Federal Fisheries Agency of 01.10.2013 equipped with satellite positioning equipment. With No. 730 on the purpose of organizing control over the help of these means, information is collected the use of aquatic biological resources in inland from vessel’s daily reports on the activities of Russian water bodies, in the territorial sea, on the continental fishing vessels in conventional areas and zones of shelf, in the exclusive economic zone of the Russian foreign states in the World Ocean – http://cfmc.ru/ Federation, on the high seas, conventional areas and about/. coastal zones of foreign states and in amending the orders of Roskomrybolovstvo (Committee of Fishery The CSMS is working on the introduction of the or Russian Federation) dated July 18, 1993 No. 150 Electronic Fishing Logbook (EFL or in Russian – and dated December 4, 1995 No. 197. EPZh) into mass use for the transfer of the SSD (DVR – Daily Vessel Report). To date, EFLs lead from At present, the Industrial monitoring system (OSM) of 35 to 40% of fishing vessels, which will be required to aquatic biological resources, observation and control navigate in the future. In the current version of the bill, over the activities of fishing vessels, operated by the these are vessels with a gross tonnage of more than 80 FSBI CSMS, has been developed and continues to be tons and an engine power of more than 55 kW. There improved as an integrated information system that are about 1 thousand of them, that is, 350-400 vessels provides for integration with the Information system with an installed EFL. They transmit tens of thousands “Fishing”, which has been operating since 1996, and of daily vessel reports per year. With the introduction other industry information systems. The system is of new fishing rules in the Far East, they must transmit designed to make strategic, tactical and operational the catch data through the journal to the OSM. It is management decisions of the Federal Fisheries Agency, expected that the Law on the Electronic Fishing its territorial bodies and subordinate organizations. Journal will be adopted in 2020. Target indicator: Automation of the processes of issuing and obtaining The main tasks of the OSM according to the site of permits for the harvesting (catching) of ABR, the the Federal State Budgetary Institution “Center for provision and receipt of reliable reporting data from Fisheries Monitoring and Communication System” organizations of the fishery complex on the volumes (CSMS) (12):

OSM subsystems: 2. Agreements that deal exclusively with the prevention of IUU fishing. 1. Authorization in the cartography module; 2. Authorization in the analytical reporting module; Implementation of the Agreement between the Government of the Russian Federation and the 3. Module “Permissions”; Government of the Republic of Korea in 2019 4. Electronic trade journal; 5. Positioning of vessels “Pallada”, “Sedov”, As a result of the implementation in 2019 of the “Kruzenshtern”; Agreement between the Government of the Russian Federation and the Government of the Republic of 6. Support OSM. Korea on cooperation in the prevention of illegal, unreported and unregulated fishing of living marine Currently, the Industrial monitoring system (OSM) is resources dated December 22, 2009, the legitimacy a multi-level, multi-user corporate information and of the origin of 58,841.67 tons of crabs and products analytical system that provides continuous collection, from them produced in Russian vessels and delivered processing, analysis, storage and transmission of to the ports of the Republic of Korea. data on the state of aquatic biological resources and

Analysis of the state of affairs with the implementation of the National Action Plan to Prevent, Limit and Eliminate IUU Russian Fishing of Aquatic 16 Biological Resources in the Atlantic and Pacific Oceans and the development of additional measures to prevent, contain and eliminate it Implementation of the Agreement between the another state. The parties will establish a mechanism Government of the Russian Federation and the for cooperation in the prevention of IUU fishing, as DPRK (Northern Korea) in 2019. well as develop and sign an Agreement on this.

In 2019, no applications for approval of certificates A number of important bilateral international for catching crabs, both exported from the territory Agreements have been concluded by Russia over of the Russian Federation and imported into the the past decade. For example, the Agreement territory of the Russian Federation, provided for between the Government of the Russian Federation by the intergovernmental agreement between the and the Government of the Republic of Senegal on Russian Federation and the DPRK on countering cooperation in the field of fisheries dated February 4, IUU fishing, were received by the Federal Fisheries 2011, which includes the following: Agency and its territorial offices. – “combating IUU fishing for living marine resources is one of the main areas of cooperation between Implementation of the Agreement between the the Parties” (Article 2); Government of the Russian Federation and the People’s Republic of China in 2019. – “in order to combat IUU fishing, the Russian side undertakes to provide assistance to the Within the framework of the Agreement between structures of the Republic of Senegal responsible the Government of the Russian Federation and the for monitoring in this area. The conditions for People’s Republic of China on counteracting IUU the actual implementation of such assistance will fishing, which entered into force on November 1, be determined in the protocols of the Russian- 2014, through the introduction of certification for Senegalese Mixed Fisheries Commission” catches of aquatic biological resources and products (Article 8). from them, 4477 certificates were issued in 2019 for 1,406,725.08 tons of aquatic biological resources and In 2019, work was done to organize and conduct products from them. negotiations with foreign partners on issues related to the implementation of international treaties Implementation of the Agreement between the of the Russian Federation in the field of fishing Government of the Russian Federation and Japan in and conservation of aquatic biological resources. 2019. The international activities of Rosrybolovstvo were primarily aimed at maintaining and further In accordance with the Agreement between the developing cooperation in the field of fisheries Government of the Russian Federation and the with traditional partners of the Russian Federation Government of Japan on the conservation, rational within the framework of bilateral intergovernmental use, management of living resources in the Northwest agreements. Pacific Ocean and the prevention of illegal trade in living resources dated September 8, 2012, the system In the future, it is necessary to intensify the negotiation for introducing certification for catches of aquatic process on the signing of bilateral agreements / biological resources and products from them entered memorandums on combating IUU fishing with all into force with Japan on December 10, 2014. In 2019, countries, including the European Union, with which 131 certificates were issued for 2,492.48 tons of crab. Russia has agreements on cooperation in the field of fishing. In July 2012, a Memorandum was signed with Canada, which should form the basis for an The target indicator for the fulfillment of this agreement on the prevention of IUU fishing: “On point of the plan is: Ensuring the fulfillment of cooperation to prevent, deter and eliminate IUU the obligations of the Russian Federation under fishing.” The purpose of this Memorandum is to international treaties in the field of fisheries and the strengthen cooperation between the two countries conservation of aquatic biological resources in terms in the prevention, deterrence and elimination of of ensuring control over the activities of Russian IUU fishing by exchanging information regarding fishing vessels. It was planned that this figure will vessels entitled to operate under the flag of one of the be 100% by 2020. states and requesting access to or located in a port of

Analysis of the state of affairs with the implementation of the National Action Plan to Prevent, Limit and Eliminate IUU Russian Fishing of Aquatic Biological Resources in the Atlantic and Pacific Oceans and the development of additional measures to prevent, contain and eliminate it 17 Clause 6: unreported fishing of aquatic biological resources, included itself a new chapter “State port control of Organization of the implementation of the Agreement foreign vessels” (hereinafter – SPC). on Port State Measures for the Prevention, Containment and Elimination of IUU of November 22, The SPC rules apply to all NEAFC member states and 2009 in terms of determining the responsible federal relate to the unloading of fish and other seafood in the executive bodies for its implementation. Completion ports of the NEAFC member countries, as well as the date 4th quarter 2016. control over transshipment of catches from one vessel to another directly at sea. At the 40th Session of the FAO Conference in July 2017, the Recommendations on the preparation of catch The SPC procedure includes prompt (within 72 hours) documentation schemes were approved, aimed at confirmation by the authorized Russian body of the creating a global system of documentary confirmation legality of unloaded products by Russian vessels in of the legality of the origin of commercial catches of foreign ports of the NEAFC member countries based aquatic biological resources and products from them. on the analysis and comparison of information on the issued permits for the harvesting (catch) of aquatic Taking into account the provisions of this document, biological resources, satellite positioning data vessels Russia has prepared and implemented proposals for using the capabilities of the sectoral system for amending legislation aimed at establishing a system of monitoring aquatic biological resources, monitoring mandatory certification of catches of aquatic biological and controlling the activities of fishing vessels, as well as resources and products from them imported and periodic information on the results of fishing provided exported from the territory of the Russian Federation. by the captains of the vessels and vessel owners. Similar The proposals are also included in the Customs Code of conditions apply to foreign vessels planning to unload the Eurasian Economic Union (EAEU), substantiating fish products from fishing grounds in Russian ports. the norms according to which the certificate of legality of origin of aquatic biological resources becomes a At the same time, the unloading of fish products document that is mandatory for crossing the EAEU is allowed by the port authorities only to vessels for border in any direction. which they received confirmation from the controlling authorities of the flag country about the legality of the Rosrybolovstvo continues to work with interested aquatic biological resources obtained. federal executive authorities on the implementation of the “Agreement on Port State Measures to Since January 1, 2009, in order to strengthen the fight Prevent, Deter and Eliminate Illegal, Unreported against illegal, unreported and unregulated fishing and Unregulated Fishing”, adopted by the Food and in the North West Atlantic Fisheries Commission Agriculture Organization of the United Nations (FAO) (NAFO) regulatory area, the SPC rules have also been on November 22, 2009 and entered into effective introduced in the Convention member states. June 5, 2016. Work on the implementation of the Agreement will continue in 2020, the result of which The Barents-Belomorsky (now Severomorsky) should be the ratification of the Agreement by the territorial administration of Rosrybolovstvo (FFA) is Russian Federation. responsible for the implementation of the SPC scheme as part of NAFO and NEAFC activities in the Russian The Russian Federation is a party to the international Federation. In 2019, the Directorate processed 878 Convention on Fisheries in the North-East Atlantic forms received from control bodies of 5 foreign Ocean, within the framework of which the North-East countries (Iceland, Spain, Ireland, Norway, Faroe Atlantic Fisheries Commission (NEAFC) has been Islands, Netherlands, Canada) and checked the legality established and operates by the contracting parties. of the catch based on the analysis and comparison of information on issued permits to harvesting (catch) In November 2006, the 25th session of NEAFC was aquatic bioresources, data of satellite positioning of held, at which a decision was unanimously adopted vessels using the capabilities of the industry system of to introduce a new version of the NEAFC Control and monitoring of aquatic biological resources, monitoring Enforcement Scheme from May 1, 2007, which, in order and control of fishing vessels, as well as periodic to strengthen the fight against illegal, unregulated and monitoring of the activities of fishing vessels.

Analysis of the state of affairs with the implementation of the National Action Plan to Prevent, Limit and Eliminate IUU Russian Fishing of Aquatic 18 Biological Resources in the Atlantic and Pacific Oceans and the development of additional measures to prevent, contain and eliminate it Based on the processing results, approvals for landings system (or rather traceability) of the origin of catches by Russian vessels in foreign ports were sent according and fish products imported into the territory of Russia; to 878 forms for the total volume of 538,946.36 tons a ban on the processing and sale of poaching products of fish products, all approvals were sent to foreign in Russia; expanding international cooperation in authorities in compliance with the established countering IUU fishing; the creation of a National deadlines (72 hours). There were no refusals to confirm List of offending Vessels under the Fishing Law; the forms in 2019. introduction of administrative and criminal sanctions against violators of the fishing law, as well as a number Certification of the legality of origin of fish andfish of other measures. products supplied to EU countries in 2019 The control over the origin of aquatic biological On January 1, 2010, the European Union entered into resources exported from the territory of the Russian force a Regulation on Countering IUU Fishing. All Federation is currently carried out by the Federal deliveries of fish and fish products to the countries of Fisheries Agency within the framework of: the European Union are accompanied by a certificate – EU regulation on the elimination of IUU fishing, confirming that the fish has been caught legally. The Regulation introduced a catch certification system – Port State Control systems, designed to improve traceability of the legality – international agreements to combat IUU fishing; of origin of all marine fish products sold in the – creation of an electronic veterinary certification European Community, regardless of their means of system integrated into the FSIS “Mercury”, etc. transportation. Despite the fact that the Mercury system is being In the Russian Federation, certification applies to the actively introduced into operation, the regional products of companies exporting marine fish products authorities are not very satisfied with its work. For to the countries of the European Community. In 2019, example, the authorities of the Khabarovsk Territory 7,832 certificates were confirmed for 1,942,378 tons of propose to modernize the Mercury certification system. fish products, including: In the system of electronic veterinary certification of – Far East fishery basin 4071 certificates for Mercury products, launched from July 1, 2019 in the 1544073.48 tons of fish products; regions of Russia, including the Khabarovsk Territory, technical flaws were found. Violations committed in – Northern Fisheries Basin 3645 certificates for Mercury can be divided into two parts: technical errors 394,419.07 tons of fish products; or deliberate falsification. As it is now, the system, – Western fishery basin 116 certificates for 3886.2 instead of strengthening control, on the contrary, gives tons of fish products. a chance for unscrupulous manufacturers to carry out various manipulations. in the program at the stage of The item has not been fully completed, because The registration, such steps can be blocked. In addition, Agreement on Port State Measures to Prevent, Deter now not only state bodies can use the system, but also and Eliminate Illegal, Unreported and Unregulated the category of “authorized persons.” These persons Fishing was signed by the Russian Federation in 2009, sometimes do not even have education. As a result, but has not yet ratified it. errors are systematically detected in the system, most of which are intentional. The participants of the Clause 7: meeting collectively decided that it was necessary to register all weeks reports in the form of an appeal, Amendments to the legislation of the Russian which will then be sent to Rosselkhoznadzor and the Federation aimed at creating a system for tracing Ministry of Agriculture of Russia. In the meantime, the origin of catches of aquatic biological resources, in order to counteract violations, the supervisory including valuable and especially valuable ABRs, at all structures have agreed to coordinate interaction in stages of their movement. Deadline for the 3rd quarter order to immediately take action as soon as a violation of 2016. is detected.

Among the main directions of the implementation Now in the Khabarovsk Territory 130 thousand of the National Plan is the introduction of a tracking accompanying veterinary documents are issued daily.

Analysis of the state of affairs with the implementation of the National Action Plan to Prevent, Limit and Eliminate IUU Russian Fishing of Aquatic Biological Resources in the Atlantic and Pacific Oceans and the development of additional measures to prevent, contain and eliminate it 19 About 100 thousand more enter the region from other including Russia, signed a Declaration on the constituent entities of Russia. In 2019, the supervisory prevention of unregulated fishing in the high seas of authorities revealed more than 200 violations based the Arctic Ocean. on the monitoring results. It is assumed that the actual figure is much higher due to the imperfection In the Pacific basin, interaction is organized on the basis of “Mercury”. of the declaration on food security of the economies of the states of the Asia-Pacific Economic Cooperation Target indicator: Confirmation of the legality of the (2012). It says that APEC member states recognize the origin of catches of ABR and products from them, importance of strengthening bilateral and multilateral exported from the territory of the Russian Federation partnerships to combat IUU fishing and related trade. and imported into the territory of the Russian It also outlines the basics for combating IUU fishing Federation by 2020 – 89%. and defines a strategy for bilateral cooperation in countering IUU fishing. Due to the action of international agreements, according to expert estimates, about 87% of catches Russia actively interacts with various RFMOs, including and fish products exported from Russia, have evidence data exchange with NAFO, NEAFC, etc. The most of legal origin. In order to increase this indicator, the active interaction takes place within the framework of Federal Fisheries Agency plans to intensify its work the bilateral Russian-Norwegian Bilateral Commission to expand international cooperation in the field of on Fisheries, as well as in the Pacific region with the combating IUU fishing. USA, Japan, Korea and other countries within the framework of bilateral agreements. In recent years, The point is basically fulfilled, however, at the same Russia has taken the following steps at the bilateral time, the mechanisms currently used to counter the level: trafficking of illegally obtained aquatic biological – Agreements were concluded to combat IUU fishing resources do not impose direct obligations on the with the Republic of Korea (December 2009), the importing countries to refuse to import products DPRK (January 2012), Japan (September 2012), not confirmed by certificates of conformity into their China (December 2012) and the United States territory. (September 2015)... Considering that the Republic of Korea ranks second after China in terms of Clause 8: Russian supplies of aquatic biological resources, it is planned to study the issue of concluding a Implementation of measures aimed at organizing full-fledged international treaty on counteracting countering IUU fishing within the framework of the IUU fishing with the Republic of Korea, aimed International Union of Fisheries Associations and at creating conditions for controlling the legality other international Organizations. Annually, until of the origin of all aquatic biological resources February 1st. exported from Russia to Korea and products from them. This will ensure control over the legality of We do not know anything about the cooperation the origin of over 97% of Russian exports of aquatic of the International Union of Fishery Associations. biological resources and products from them. However, the Russian Federation is actively engaging with other partners to combat IUU fishing. This Rosrybolovstvo (FFA) is currently negotiating with interaction is based on FAO’s voluntary guidelines South Africa, Namibia and other countries to sign for flag State action (2013). This document provides memorandums of cooperation to prevent IUU fishing. for the responsibility of the flag State in the conduct of IUU fishing by its vessel and for close cooperation Clause 9: between the flag State and the coastal State in taking action against violating vessels. Conducting operational and preventive measures, including within the framework of interagency At the 31st session of the FAO Committee on Fisheries cooperation, to identify and suppress the facts of illegal (COFI) in 2014, voluntary guidelines for the actions harvesting (catch) of aquatic biological resources in the of flag states were adopted, Russia voted for this internal waters of the Russian Federation, including document. And in July 2015, the Arctic countries, in the internal sea waters of the Russian Federation,

Analysis of the state of affairs with the implementation of the National Action Plan to Prevent, Limit and Eliminate IUU Russian Fishing of Aquatic 20 Biological Resources in the Atlantic and Pacific Oceans and the development of additional measures to prevent, contain and eliminate it in the territorial sea of the Russian Federation, in the Federal Fisheries Agency in early 2014 d. developed a EEZ of the Russian Federation, on the continental shelf list of measures for its implementation, which must be of the Russian Federation, as well as in the Caspian approved by the order of the Government; to date, the and Azov Seas and their illegal movement across the interagency coordination of the list of measures has customs border of the Customs Union. Annually, until not been completed. February 1st. With regard to the issues of counteracting IUU fishing Regarding the implementation of this paragraph, in inland water bodies of Russia, the Federal Fisheries we believe that despite the fact that there are no Agency is working to develop a Concept for improving officially approved methods for assessing the volume the system of protection of aquatic biological resources of IUU fishing (which we will talk about below), the in inland water bodies of the country, which includes target is to reduce the number of violations of fishing about 22 million hectares of lakes and 4.3 million legislation and the conservation of aquatic biological hectares of reservoirs, which is commensurate with resources, leading to the emergence of IUU fishing, the total the area of such states as Poland, Italy, to the level of 2014 by 2020 completed as planned by New Zealand, Romania, Belarus, as well as over 120 37.9%, and further and higher. Indirect evidence of thousand rivers with a length of more than 10 km and this is the data from surveys of inspectors, freelance a total length of over 2.3 million km, which is almost public inspectors and public associations of amateur 60 times the length of the Earth’s equator. fishermen. Territorial administrations conducted a survey on assessing the impact of approved rates for The concept will determine the main goals and calculating the amount of damage caused to aquatic directions for the development of activities for the biological resources on the level of compliance with conservation of aquatic biological resources in the legislation in the field of fishing and conservation inland waters of the Russian Federation. At the of aquatic biological resources in 2019 in inland same time, the implementation of the approaches freshwater bodies, in which more than 6,600 proposed in it will make it possible to form a modern interested officials and citizens took part. So, to the and effective fish protection system, to ensure the question whether you / citizens in 2019 began to pay protection of Russia’s interests in the field of inland more attention to compliance with the Fishing Rules fisheries. for the relevant fishery basins after the increase in the size of taxes, 5349 respondents answered positively, At the national level, in inland waters, the 1083 respondents found it difficult to answer, 234 implementation of the National Plan and the List of found it difficult to answer. According to 4528 people Measures for the Implementation of the National in 2019, the number of cases of poaching with the use Action Plan for IUU Fishing is entrusted to the Federal of net and other prohibited fishing gear decreased, Fisheries Agency and its territorial departments, as 1,975 respondents did not notice any changes, 163 – well as to the Ministry of Internal Affairs of Russia, found it difficult to answer, while citizens associate and in inland sea waters, the territorial sea, the EEZ of positive trends with an increase in the size of taxes. the Russian Federation – to the FSB of Russia...

The expected positive effect of increased responsibility If the counteraction to IUU fishing in inland sea for illegal harvesting (catching) of aquatic biological waters, the territorial sea, the EEZ of the Russian resources is noted among the employees of the Federation in recent years has yielded tangible fisheries protection authorities and freelance public results, especially in large-scale marine fisheries inspectors – 88% and 84%, respectively, among in the Northern and Far Eastern fisheries basins, fishermen, amateurs of this opinion are 64%. then control, supervisory and protective measures in inland water bodies, at certain water bodies However, interagency collaboration to combat IUU under All the impressive reporting by the territorial fishing requires more attention. According to FAO departments of the Federal Fisheries Agency on requirements, Russia had to complete the process of their implementation leaves much to be desired, and adopting a national plan with all its annexes in 2008 the effectiveness of the measures taken to counter and submit it to the Federal Antimonopoly Service IUU fishing, as part of the conservation of aquatic (FAS) for assessment and distribution to member biological resources and their habitat, apparently states. At the same time, despite the fact that the needs serious revision and reform.

Analysis of the state of affairs with the implementation of the National Action Plan to Prevent, Limit and Eliminate IUU Russian Fishing of Aquatic Biological Resources in the Atlantic and Pacific Oceans and the development of additional measures to prevent, contain and eliminate it 21 For example, in the Volga-Caspian fishery basin, semi-anadromous and resident fish in this basin has opposition to IUU fishing for bream, which makes sharply deteriorated due to the fact that most of the up 40% (up to 4 thousand tons) of the official catch years during this period were dry. Accordingly, there annually, does not bring any results. was an increased freshening of the northern part of the Caspian Sea, where the juveniles of these fish “Since 1924, catches of bream began to increase and feed (mainly in the first 3 years of life), which in turn in 1935 reached the maximum value – 96.7 thousand worsened the state of their food supply. tons... In the 1960s there was a significant decrease in the catch of this species (up to 20.0 thousand tons), The influence of IUU fishing on aquatic biological which was due to the deterioration of reproduction resources in the Volga-Caspian fishery basin is so conditions in connection with the regulation of the significant that in recent years the volume of aquatic river. Volga and a decrease in the intensity of sea biological resources harvested by IUU fishing has fishing as a result of its prohibition. However, bream begun to decrease not so much due to a decrease in remained the most abundant species during these the rates of illegal fishing itself, but mainly due to the years of fishing. Its leading position remains in the fact that the state of stocks of valuable and especially catches of the modern period (2005–2016), despite valuable, as well as demanded aquatic biological the fact that Astrakhan fishermen began to catch it in resources has become simply catastrophically low. smaller quantities – about 10.0 thousand tons.” In 2019, officials of the territorial departments of the And further: “Irreplaceable damage to the fish stocks Federal Fisheries Agency carried out 101,762 control of the basin is caused by illegal, unreported and and supervisory measures, which is 2% more than unregulated fishing (IUU fishing), the scale of which in in 2018. At the same time, 99,380 violations of the some years amounted to more than 50% of the official legislation in this area were revealed, which is 11.8% fishery, the absolute size of the bream population has less than in the previous year. In 2019, administrative decreased on average by 2 times compared to the 1990s fines were imposed on violators in the amount of years, 1.5 times – with the beginning of the 2000s and 369,903.0 thousand rubles, which is commensurate amounted in 2015–2016 – 1120.6 million specimens. with the amount of the previous year. The amount of The spawning population decreased from 186.5 million claims against violators for damage caused to aquatic specimens, in 2000 up to 109.5 million specimens, in biological resources and their habitat amounted to 2014 the commercial biomass decreased from 72.0 190,855.0 thousand rubles. Compared to 2018, the thousand tons (2002) to 47.0–48.0 thousand tons amount of claims filed increased by 42.4%. (2014–2016). In general, the number and biomass of the population have stabilized at a low level”(14). During 2019, the territorial departments transferred The same thing happens with stellate sturgeon of the 3591 materials against 3719 people to the investigative same fishery basin, the state of its reserves is even authorities to initiate criminal cases. The number of more depressing at the present stage. “The state of the violations with signs of criminal acts amounted to stock of stellate sturgeon and, in particular, its Volga 5.5% of the total number of violations of fishing rules population in the Caspian Sea is catastrophic. The revealed by territorial departments. DB-SRA model constructed in the course of research showed that if poaching is not stopped, stellate During the control and supervisory measures in sturgeon as a species can disappear with a probability 2019, the following were seized from violators: about of 50.0% in the near future (by 2025). The production 308 tons of illegally obtained aquatic biological properties of the stock are currently at an extremely resources, 184 797 units of fishing gear and 11 519 low level... ”(15). units of vehicles. Compared to the values of 2018, last year the amount of illegal catches of aquatic It is believed that an ecological catastrophe in this biological resources seized decreased by –36% (in basin has already occurred, and, moreover, several 2018, more than 481 tons of water resources were decades ago. It is necessary to take urgent measures seized); the number of fishing gear seized from to preserve and restore the aquatic biological violators decreased by –12.2% (in 2018 this figure resources of the Lower Volga and the North Caspian. was 210,392 units); the number of seized, seized Note that over the past 2 decades, the reproductive vehicles decreased by –22.1% (in 2018, 14 788 units capacity and survival of juveniles of most species of of vehicles were seized and arrested).

Analysis of the state of affairs with the implementation of the National Action Plan to Prevent, Limit and Eliminate IUU Russian Fishing of Aquatic 22 Biological Resources in the Atlantic and Pacific Oceans and the development of additional measures to prevent, contain and eliminate it The total number of fishing gear prohibited for use, producers of sturgeon fish species when fishing for the seized in cases of administrative offenses under Article purposes of commercial fish farming, reproduction and 8.37 part 2 of the Administrative Offenses Code of the acclimatization. Russian Federation, materials in respect of which are to be sent to the courts for a decision on confiscation, It should be noted that the fishery authorities have amounted to 55 654 units (-7% in relation to the same taken measures to prevent violations of fishing rules, the period last year, 59 851 units). including a widespread information campaign, speeches and submission of materials to the media, At the same time, case materials were sent to the courts increased interaction with public organizations, and for making a decision on confiscation in respect of holding public hearings. 54 327 units of seized prohibited fishing gear, which amounted to 97.6% of the total number of prohibited Thus, the Federal Fisheries Agency and its territorial fishing gear in these cases. departments held an all-Russian event “Day without nets” on May 17, 2019. The action was timed to In addition, out of 1370 inspections planned for 2019 coincide with the campaign carried out by the fishery in relation to legal entities, individual entrepreneurs on authorities to preserve aquatic biological resources compliance with legislation in the field of fishing and during their spring spawning period. Employees of conservation of aquatic biological resources and their institutions and organizations subordinate to the habitat, 1301 inspections were carried out due to the Agency, officials of state authorities, representatives fact that 48 legal entities and individual entrepreneurs of public organizations, associations and the media, as from among included in the plan of inspections for 2019 well as amateur fishermen and simply caring citizens, by the time of the scheduled inspection were eliminated took part in this event along with the employees of the or ceased their activities. In total, 1815 scheduled and Federal Fisheries Agency. unscheduled inspections were carried out, of which 2 results were canceled by a court decision. As a result of demonstration control measures at water bodies of fishery significance located in the Central, In order to increase the efficiency of the control and North-Western, Southern, Volga, Ural and Siberian supervisory activities of the territorial bodies of the federal districts, 3611 units were seized in one day Federal Fisheries Agency, the practice of sending net and 972 units. other fishing gear, of which 3281 fisheries inspectors from other territorial departments specimens were released into their natural habitat fish of the Federal Fisheries Agency to water bodies located in live form, as well as 2948.2 kg of aquatic biological in the area of responsibility of the Amur, Sakhalin- resources in the prescribed manner, issued for sale or Kuril and North-Eastern territorial departments of the destruction. Federal Fisheries Agency was continued. The positive results of such work were noted both by the interested In addition, 216 violations of environmental legislation state authorities and by the associations of fishery were identified, of which 29 have signs of a criminal producers. offense, 20 units of vehicles were seized from the violators, with the help of which illegal fishing was Within the framework of measures for interdepartmental carried out. interaction and control aimed at combating illegal harvesting (catching) of sturgeon species of fish, the This action in a number of regions continued the next territorial departments of the Federal Fisheries Agency day, and some territorial departments of the Federal in 2019 held together with interested federal executive Fisheries Agency carried out joint raids with the public authorities 6351 control and supervisory measures, until May 20. of which 677 were carried out in relation to sturgeon species fish, which accounted for 10.7% of the total In addition, as part of the preparation and conduct number of joint activities, during which 7823 violations of this event, the territorial departments of the in the field of fishing and conservation of aquatic Federal Fisheries Agency organized seminars and biological resources were revealed. lectures on the activities of fisheries conservation authorities, the impact of illegal fishing on biodiversity In addition, control was ensured at the places of and the population of aquatic biological resources, extraction, as well as at the places of storage of legislation in the field of fishing and conservation of

Analysis of the state of affairs with the implementation of the National Action Plan to Prevent, Limit and Eliminate IUU Russian Fishing of Aquatic Biological Resources in the Atlantic and Pacific Oceans and the development of additional measures to prevent, contain and eliminate it 23 aquatic biological resources, the role of enterprises to improve the efficiency of federal state control in maintaining stocks of aquatic biological resources, (supervision) in the field of fishing and conservation of respect for natural resources, as well as interaction with aquatic biological resources. officials and structural units of territorial departments of the Federal Fisheries Agency. Meanwhile, to ensure the activities of territorial departments of the Federal Fisheries Agency for Despite the preparations for the 2019 Pacific salmon 2020, additional budgetary allocations in the amount fishing season, interested subjects of the Far Eastern of 1,800.0 million rubles were allocated from the Federal District also joined the action. Thus, 106 nets federal budget, including for the purchase of vehicles. and 147.7 kg of fish were retrieved at the water bodies This measure will allow for the most part to resolve of the Kamchatka and Khabarovsk Territories, the the issue of updating the technical park of the fishery Magadan and Sakhalin Regions, and 131 violations protection authorities. of fishing rules were revealed. In addition to the networks, the action participants cleaned the coastline At the same time, the issues of financing other costs from debris. associated with the implementation of this type of state control, including the repair of occupied All participants of the action came to a unanimous premises, the injury of seized tools for the harvesting opinion about the need to hold such events of an all- (catch) of aquatic biological resources, the purchase of Russian scale on an ongoing basis at least annually. fuel and lubricants, and laboratory research, remain unresolved. In order to implement the provisions of the Federal Law of December 25, 2018 No. 475-FZ “On Amateur The situation needs to be urgently corrected, relying Fishing and on Amendments to Certain Legislative on paragraph 5 of the draft Public Declaration of Goals Acts of the Russian Federation”, the Government of the and Objectives of the Federal Fisheries Agency for Russian Federation adopted Resolutions of November 2020: 16, 2019 No. 1462 “On the Peculiarities of Circulation 5. Increasing the effectiveness of federal state control and Application gill nets in the regions of the North, (supervision) in the field of fishing and conservation Siberia and the Far East of the Russian Federation” of aquatic biological resources. and dated November 21, 2019 No. 1482” On approval of the Rules for accounting for netting tools for the Includes: harvesting (catch) of aquatic biological resources – Large-scale re-equipment of the material and and maintaining a register of netting tools for the technical base of the territorial departments of harvesting (catch) of aquatic biological resources and the Federal Fisheries Agency, provision of fish the Rules mandatory piece-by-piece marking of netting protection inspectors with modern transport and tools for the harvesting (catch) of aquatic biological swimming facilities. resources”. As part of the implementation of these regulatory legal acts, the territorial departments of the – Increasing the coverage of the water area of water Federal Fisheries Agency are working on accounting bodies of fishery significance with control and for net fishing gear, their registration, maintaining a supervisory measures in the established field of register and organizing marking. activity. – Ensuring the effectiveness of measures for the At the same time, there are a number of issues related protection of aquatic biological resources. to the activities of the territorial departments of the Federal Fisheries Agency, including the insufficient Key objects of interaction: Ministry of Internal Affairs number of officials exercising control and supervisory of Russia, FSB of Russia, Ministry of Economic functions in the established area of activity (40%), Development, Ministry of Agriculture of Russia, their low pay and material and technical support associations and public organizations of fishing (36%), which does not allow taking full measures organizations and aquaculture organizations.

Analysis of the state of affairs with the implementation of the National Action Plan to Prevent, Limit and Eliminate IUU Russian Fishing of Aquatic 24 Biological Resources in the Atlantic and Pacific Oceans and the development of additional measures to prevent, contain and eliminate it Chapter 2. Review of proposals for additional measures to prevent, deter and eliminate IUU fishing in different areas of the world's oceans

B) Traceability of supply chains of fish products from 2.1. On methodologies for assessing its catch to purchase by the end consumer IUU fishing

C) All port States should ratify and implement the Back in 2008, WWF developed and applied a methodology for calculating the level of salmon Agreement on Port State Measures (FAO, 2009) poaching in Kamchatka and developed a number of to stop the flow of IUU catch to the market. The recommendations to reduce industrial over-catch agreement requires parties to impose stricter and eliminate the causes of poaching on the rivers of conditions for the control of foreign-flagged vessels the peninsula (17). Some of these recommendations seeking to use their ports to detect and prevent are already in place. In particular, the Decree of the trade in IUU products. Government of the Russian Federation of December D) Expansion of cooperation. Since IUU fishing 24, 2008 No. 990 (as amended on June 30, 2010) does not respect political boundaries, regional “On the import (export) to the customs territory cooperation between countries is essential. of the Russian Federation of catches of aquatic biological resources harvested (caught) during Collaboration between governments, as well as commercial fishing in the internal sea waters of the businesses and financial institutions, academia Russian Federation. Federation, in the territorial sea and the civil sector, will generate new solutions, of the Russian Federation, on the continental shelf maximize returns and reduce costs. of the Russian Federation, in the exclusive economic EcoJustice (EJF, 2018), in Out of the Shadows (16), zone (EEZ) of the Russian Federation, and fish and has highlighted 10 principles of global transparency in other products produced from them. “But there are the fisheries industry that all countries could commit a number of recommendations that have not yet to: been implemented. In particular, the effectiveness of the salmon fishery management system and public 1) Assign a unique number to all ships (in Russia it discussion of its results have not been assessed. is already used at the national and international Unfortunately, the methodology for calculating the levels) volumes of various types of IUU catch of salmonids 2) Make fishing and transport vessel tracking data (17), developed and described in detail by WWF, is publicly available. not used by government regulatory and research 3) Publish lists of licenses and permits for fishing structures. An assessment of the excess industrial operations. catch of sockeye salmon, chinook salmon and coho

Analysis of the state of affairs with the implementation of the National Action Plan to Prevent, Limit and Eliminate IUU Russian Fishing of Aquatic 26 Biological Resources in the Atlantic and Pacific Oceans and the development of additional measures to prevent, contain and eliminate it salmon can be made by comparing official catch b) unconditional compliance with international and figures, export data, the amount of fish entering the national legal norms related to the prevention of domestic market and export data sent to foreign IUU fishing; countries. The discussed methodology for accounting c) applying a comprehensive and integrated approach for IUU fishing has been developed for the salmon to assessing the impact of IUU fishing; fishery. Since different industries have their own d) coordination of actions to prevent IUU fishing specifics, including export directions. In view of this, with the principles of conservation and long-term it is required to adapt this methodology in relation sustainable use of fish resources and environmental to each type of fishery (for example, pollock, crabs, protection; etc.). We also propose to discuss the need for the development and official recognition of the developed e) transparency of activities related to the prevention methods, not only for salmonids, but also for other of IUU fishing; main fishing objects. One method for assessing e) non-discrimination, in form or in substance, IUU fishing is to compare customs statistics from against any State or its fishing vessels when taking exporting and importing countries. A similar analysis measures to combat IUU fishing. was successfully applied by our colleagues from the United States to assess the magnitude of IUU fishing According to V.A. Spiridonov and N.A. Dronova (17), and illegal import of Russian crab (18). A similar illegal, unreported and unregulated fishing and methodology was used to estimate IUU catches poaching are often considered synonymous, but for of pollock and was presented at the International a better understanding of the real picture of the use Fishermen Congress in Vladivostok in 2014 (19), of aquatic biological resources, it is useful to separate where it was heavily criticized. Moreover, in our these concepts. Illegal catch is the extraction of aquatic opinion, it is necessary to organize a discussion of biological resources, carried out in violation of the various methods for assessing IUU fishing and their relevant national or international (outside the zones introduction into everyday practice. of national jurisdiction) legislation. Although, from a legal point of view, the excess of quotas by legally 2.2. Strengthening control measures engaged industrial fishing companies and individual entrepreneurs and the catch of persons who are not over the fishery entitled to engage in industrial fishing (in general or International means of combating IUU fishing include in a given place) obtained for the purpose of making various types of modern legal means, they should be a profit, do not differ fundamentally, the root and enshrined in universal, regional, bilateral international immediate reasons for this illegal catch are different ... treaties and acts of a recommendatory nature, as well Therefore, in the first case, we will talk about the as in the national legislation of states. According to standard commercial catch, and in the second – about D.K. Bekyashev (3), international legal practice has poaching. developed various legal means to combat IUU fishing. Of these, the most effective are international treaties, From a legal point of view, illegal fishing should legal activity of RFMO, measures to restrict trade in also include the excess of the catch rate for personal fish products. Analyzing international treaties asa consumption by local representatives, incl. indigenous means of combating IUU fishing, the author notes that population. At the same time, since these norms the legal norms on this are to one degree or another are rather arbitrarily established by departmental enshrined in many international treaties, incl. in the documents that do not pass registration with the 1982 UN Convention on the Law of the Sea, the 1995 Ministry of Justice and do not have formal scientific UN Fish Stocks Agreement, the 2009 FAO Agreement justification as an TAC, the qualification of this on Port State Measures, etc. In the author’s opinion, category of catch as illegal is not indisputable. among the special principles for combating IUU fishing should be highlighted: However, there is no doubt that in modern Russian a) broad participation and coordination of actions conditions this catch (let us call it the over-standard between states, as well as industry representatives, consumer catch), together with the over-standard the fisheries community and non-governmental industrial and poaching catch, make up the organizations, measures to prevent IUU fishing; unaccounted catch.

It is necessary to adopt the necessary legislative acts to A number of our proposals have already been ensure control over the turnover of salmon products, practically implemented: both at the regional (in particular, Kamchatka Territory) and at the federal level (17). Along with – the proposal to create in each supervisory body this, come up with a legislative initiative to toughen its own security services to conduct official criminal liability for illegal harvesting of caviar (for investigations and fight corruption – implemented this to introduce the concept of “illegal harvesting of at the level of the ARF territorial departments. caviar” in legal acts), as well as to repeal the Decree – the proposal, when transferring the RU (Fishing of the Government of the Russian Federation of May parcel – Rybolovny Uchastok) for long-term use, 31, 2007 No. No. 367 “On measures to implement Art. is a mandatory condition to make the receipt of 54 of the Federal Law On Fishing and Conservation taxes from fishing activities to the local budget and of Aquatic Biological Resources”, which approved provide them with jobs for the local population, the rules for the sale and destruction of seized and as well as ensuring guarantees of the observance confiscated aquatic biological resources. In accordance of the rights of indigenous minorities – observed with this Decree, all types of Pacific salmon, as well as when holding tenders for the distribution of RU caviar and crabs, are subject to immediate destruction. (introduced during tenders for the use of RU). As a result of the implementation of this Resolution, – to establish proper control over helicopters and their hundreds, if not thousands of tons of gourmet products routes in salmon fishing areas. To facilitate control are simply destroyed, even if they meet all standards, over the use of aircraft when exporting poaching while a significant part of the fish products could products, it is necessary to legally introduce a be used for their intended purpose after additional mandatory image of the state registration number processing or utilized for other purposes (17). of a helicopter on its lower surface. In addition, we proposed monitoring transport systems (not To strengthen control measures for salmon fishing, only roads, but also airports, seaports), which is WWF proposed (17): partially being done, but, in our opinion, not in – to improve the efficiency of the existing supervisory sufficient volume. bodies by regularly conducting training seminars, – to establish an effective system for monitoring the providing information materials, and the necessary impact of infrastructure elements (for example, equipment. Make the necessary amendments to road construction) on poaching.

Analysis of the state of affairs with the implementation of the National Action Plan to Prevent, Limit and Eliminate IUU Russian Fishing of Aquatic 28 Biological Resources in the Atlantic and Pacific Oceans and the development of additional measures to prevent, contain and eliminate it – the results of this monitoring should be used in efficiency of the use of Pacific salmon (the same carrying out environmental impact assessments recommendations are applicable to other large- and public hearings on industrial projects. scale fisheries, in addition to salmonids). – to develop a scheme according to which – Strengthen cooperation between government compensation payments from operators of agencies, responsible fishermen and the public to industrial projects for damage to aquatic biological ensure the protection of spawning grounds. resources will be used to strengthen the technical – To organize the interaction of representatives of equipment and information support of state state authorities of municipalities, science and environmental services. business in order to create economic incentives for the long-term non-depleting use of Pacific salmon Former employee of SVTU FAR S.A. Putilov (20 stocks. and 21), in his speech to the President of Russia and – To promote the development of the institution the Governor of the Kamchatka Territory, informs that there is no publicly available information on of public inspectors (including from among the the allocation of fishing parcels (RU) to users and indigenous population), nature protection squads, catch quotas. He proposed a scheme for checking incl. student. enterprises to determine the amount of damage caused by illegal harvesting of caviar using data (federal state 2.3. Legal means to combat IUU fishing information system) FSIS “Mercury”, which allows you to compare the amount of fish caught with the type Traditionally, the growth of catches and production and amount of products released and, on this basis, is considered to be the fundamental moment for the draw a conclusion about the legality of the enterprises. development of the fishing industry, which is not Also, in his opinion, it is necessary to achieve the always correct in the context of natural fluctuations introduction of complete processing of fish waste. in the number of commercial objects. The previously Existing technologies make it possible to obtain such introduced legislative norm on the obligation to harvest valuable products as fishmeal, food and technical fish at least 50% of the quotas allocated to the enterprise oil, and they do not represent any secret. It is enough for two years in a row, along with the intensification of to get acquainted with the advanced experience of such the fight against IUU fishing, led to a 25% increase in an enterprise as Koryakmoreproduct LLC, one of the catch over the past 10 years. However, in the last two first to introduce waste-free production. S.A Putilov years, this growth has stopped, and some enterprises believes that information on the catch of each specific have adapted to show “on paper” at least once every user of the ABR should be open. And for an objective two years in illiquid types of development of 50-53%, assessment of the contribution of each enterprise thus formally fulfilling their obligations. In this regard, to the development of the Kamchatka Territory it is advisable for the subsequent period of securing and to determine the effectiveness of its work, it is shares to increase the threshold of obligations for the necessary to compare the amounts of taxes paid from development of catch quotas for aquatic biological one conventional unit of fish caught (tons), and also resources to at least 70%, which was done in 2019. At to know what levels of these taxes go to the budgets. the same time, taking into account the law enforcement This information is not a trade secret, since does not practice developed by the Federal Fisheries Agency affect the relationship between business entities, but on the early termination of contracts for shares due only the subject and the state and must be publicly to under-utilization of quotas, and also taking into available in accordance with Art. 2 of the Fisheries account the high riskiness of the industry as a whole, it Law (basic principles of fisheries legislation). is necessary to provide in the legislation the possibility of taking into account force majeure circumstances WWF’s publication on IUU fishing for salmonids (17) when users fulfill such obligations. recommends that non-governmental environmental and other interested organizations in the Russian To improve the efficiency of extracting enterprises Federation and major importing countries: and reduce the costs of shipowners, as well as to – Continue monitoring IUU catches of Pacific salmon. complete the formation of a transparent structure Disseminate the information received among of the industry, it is necessary to take measures to the relevant government authorities and other eliminate the possibility of the existence of users who stakeholders in order to increase the economic do not have their own means of production and do not

Analysis of the state of affairs with the implementation of the National Action Plan to Prevent, Limit and Eliminate IUU Russian Fishing of Aquatic Biological Resources in the Atlantic and Pacific Oceans and the development of additional measures to prevent, contain and eliminate it 29 invest in their maintenance and development. The (September 2012), China (December 2012) and the number of such “quota rentiers” who make a profit by United States (September 2015); transferring their rights to extract ABR to other users – a Memorandum was signed with Canada in who have a need to load their fishing capacities have July 2012, which should become the basis for an now significantly decreased – according to expert agreement to prevent IUU fishing. estimates, they account for 250 to 400 thousand tons (6-9%) of the annual catch. Under the current In the future, it is necessary to intensify the negotiation legislation, such companies had a real opportunity process on the signing of bilateral agreements / to continue their comfortable existence in the future, memorandums on combating IUU fishing with all while increasing the costs of mining and manufacturing countries, including the European Union, with which enterprises. The exclusion of such intermediaries Russia has agreements on cooperation in the field of between the state and the fisherman became possible fishing. Rosrybolovstvo is currently negotiating with due to the introduction in 2016 of legislative norms on South Africa, Namibia and other countries to sign the compulsory development for two years in a row memorandums of cooperation to prevent IUU fishing. at least 70% of the volumes of quotas allocated to the user by the own fleet or vessels under financial lease. Rosrybolovstvo conducts systematic work to fulfill At the same time, it is necessary to take into account the tasks set in the field of international fisheries the existing structure of the fishing business and cooperation by the Concept for the Development provide for the specifics of the application of such a of the Fisheries of the Russian Federation for the rule in the case of a “group of persons” carrying out Period up to 2020, approved by the Order of the their activities in one holding structure. Government of the Russian Federation of September 2, 2003 No. 1265-r. In order to create conditions for further productive work of enterprises and to strengthen the financial Guided by the Strategy for the Development of the stability of the industry as a whole, in 2016, they Fisheries Industry of the Russian Federation for legislatively developed the positively proven principles the Period up to 2030, approved by the Order of of long-term (the period was increased from 10 to 15 the Government of the Russian Federation dated years) securing the share of catch quotas for efficient November 26, 2019 No. 2798-r, as part of the users. This contributed to a more careful attitude of implementation of the International Cooperation fishermen to aquatic biological resources. project, as priority tasks for 2020 in terms of the international activities of Rosrybolovstvo the In recent years, Russia has taken the following steps at following are presented: the multilateral level (Annex 5): – preservation and further development of – in 2013, by order of the Government of the Russian cooperation within the framework of bilateral Federation, the National Action Plan for the intergovernmental agreements, mainly with those Prevention, Containment and Elimination of IUU countries that promote the implementation of Fishing was approved; fishing in their zones by Russian vessels; – at the 31st session of the FAO Committee on – continued participation of the Russian Federation Fisheries (COFI) in 2014, voluntary guidelines in existing international fishing organizations, as for the actions of flag states were adopted, Russia well as its presence in newly created international voted for this document; regional organizations, whose task is to regulate – In July 2015, the Arctic countries, including fishing activities in a particular area of the World Russia, signed a Declaration on the prevention of Ocean; unregulated fishing in the “high seas” of the Arctic – strengthening the position of the Russian Federation Ocean. in the regulation of fisheries in the Arctic, ensuring Russian participation in international events on In recent years, Russia has taken the following steps at relevant issues; the bilateral level: – Agreements have been concluded to combat IUU And other points detailed in Annex 5. fishing with the Republic of Korea (December 2009), the DPRK (January 2012), Japan

Analysis of the state of affairs with the implementation of the National Action Plan to Prevent, Limit and Eliminate IUU Russian Fishing of Aquatic 30 Biological Resources in the Atlantic and Pacific Oceans and the development of additional measures to prevent, contain and eliminate it 2.3.1. Global Record of Fishing Vessels, the corresponding rights and obligations of the flag state (3 and 4). The leading role of the flag State of the Refrigerated Transport Vessels vessel in preventing IUU fishing is provided for in the and Supply Vessels 1982 UN Convention on the Law of the Sea, the 1995 UN Fish Stocks Agreement, the 1993 FAO Agreement Exploring the specifics of creating a Global Record on the High Seas and the FAO Recommendations. In of Fishing Vessels, Refrigerated Transport Vessels addition, a number of States, as well as the EU, now and Supply Vessels as a tool to combat IUU fishing, have regulations providing for strict control over D.K. Bekyashev (3) indicates that the Global Register fishing vessels flying their flag, which is an effective is a comprehensive database containing vessel means of combating IUU fishing. identification information, which is accessible and open for expansion by adding new identification There are also voluntary commitments, which are modules. According to the author, the Global Record presented in non-binding documents and contain will help states make informed decisions about which voluntary guidelines: vessels should be considered to pose a high degree of threat, and which vessels should be granted flags, 1) FAO Code of Conduct for Responsible Fisheries fishing licenses and access to ports. The work analyzes (KSRF). 2) FAO GPWF also initiated the use of the the legislation of the leading fishing states, the acts of KSRF, which was adopted by FAO in Resolution the European Union concerning the registration of 4/95. The conference took place on October 31, fishing vessels in the relevant registers. Concluding 1995. This non-binding document aims to establish consideration of the issue of the problems of creating “international standards of conduct” for responsible a Global Record, practices that relate to the conservation, management and development of marine living resources. Although 2.3.2. Need to use fishing gear marking the KSRF does not create legally binding obligations, it can be effective as a result of the implementation as a means of combating of appropriate measures for the implementation IUU fishing of international law by member states, such as, for example, UNCLOS. In addition, despite the fact that D.K. Bekyashev (3) notes that it can serve as an it is a voluntary instrument, the KSRF is seen as an effective tool in the fight against IUU fishing by influential tool in guiding national governments in allowing regulatory authorities to track how fishing the development of their fisheries (1). WWF-Russia gear is being used in their waters and who is using published this document with comments from lawyers, it. Currently, some States have requirements for the fishermen and environmentalists in 2013 (22). The marking of fishing gear, but there are no international use of this document in training at departmental standards, guidelines or other provisions regarding universities would allow better training of specialists the requirements for those fishing gear that are for the management of activities related to fisheries used by vessels on the high seas. To address this and the protection of ABR. issue, FAO initiated a consultative process aimed at developing International Guidelines for the Marking of Fishing Gear. These recommendations have 2.3.4. International Plan of Action to already been developed (see http://www.fao.org/3/ Prevent, Deter and Eliminate IUU MX136RU/mx136ru.pdf). In our opinion, fishing gear manufacturers and the Fisheries Agency should study Fishing (IPOA-IUU) the possibility of marking both domestically produced This plan underlines the importance of a and purchased overseas fishing gear. comprehensive and integrated approach to combating IUU fishing. In this regard, the document calls on states 2.3.3. The Role of the Flag State to take appropriate measures to combat IUU fishing, in Preventing IUU Fishing to consider the failure of flag states to fulfill their responsibilities, including port states. As in the case The role of international treaties, international acts of of the KSRF, the obligations under the IPOA-IUU are a recommendatory nature, national regulatory legal built on the relevant international legal instruments, in acts and acts of the European Union, providing for particular UNCLOS, and the compliance agreement. In

Analysis of the state of affairs with the implementation of the National Action Plan to Prevent, Limit and Eliminate IUU Russian Fishing of Aquatic Biological Resources in the Atlantic and Pacific Oceans and the development of additional measures to prevent, contain and eliminate it 31 addition, the implementation of this plan is supported in its 192 member countries in detecting, preventing by the adoption of an action plan for action at the and responding to transnational fisheries crime. national level (National Action Plan to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated 2.4. Improvement of the fishing activity Fishing, or NPOA-IUU), as well as regional level plans (Regional Action Plan on the Prevention, Deterrence monitoring system (satellite and Elimination of IUU Fishing, or RPOA-IUU). monitoring, onboard surveillance 2.3.5. voluntary Guidelines for Flag cameras, electronic fishing logbook State Activities and Voluntary (EFL), observers, etc.) Guidelines for Documenting Catch 2.4.1. satellite monitoring FAO has also adopted voluntary measures: Earlier, on the instructions of WWF, experts analyzed a) Guidelines for Flag State Activities; b) Guidelines the work of various types of TSK, which can be for catch documenting schemes. These non-binding divided into two main groups (13). The first of them instruments complement the international efforts transmit only a special signal, according to which under the auspices of FAO to combat IUU fishing. the calculation of the source position occurs already Thus, it can be concluded that FAO has attempted outside the vessel on which the TSK is installed. The to mobilize all the key and critical factors in the fight latter calculate independently or receive coordinates against IUU fishing. These include: the acceptance of of the vessel on which they are installed from external multiple state jurisdictions (flag state, coastal state sources, and then transmit this data through a satellite and port state) in enforcing laws and measures to system. Of those currently used, the first type includes combat IUU fishing, and recognition of the role of sensors of the ARGOS system, and the second – the non-state actors in addressing all the consequences of terminals of Inmarsat-C stations. However, despite IUU fishing. c) data exchange supporting technology the fact that at present more than 950 ARGOS to detect and combat IUU fishing. system radio beacons are installed on Russian fishing vessels, completely ready for operation, the use of 2.3.6. data exchange organizations OSM was prohibited, despite the fact that this system has a number of advantages (Annex 6). The use of the Regional action plans (RAPs) to eradicate IUU fishing. Inmarsat system and the Russian “Gonet”s system Upon request and reports, the RPOA Secretariat continues, which has recently been actively introduced can disseminate this information through the RPOA into practice. According to A.S. Vilkin, the head of the website and / or official letter, as well as asking the FSBI CSMS, the OSM portal is actively undergoing relevant RAP member countries to: deny the vessel pilot operation for the correct exchange of data and from entering the port or access to port facilities. their management (23). However, according to this Illegal, Unreported and Unregulated Fishing and information, many enterprises operating above 75º Associated Captains. Programs and events such as north and south latitude are in no hurry to install seminars and trainings are carried out and information the TSK “Gonets” on their own vessels. Statistics is exchanged in this regard. IUU fishing vessel lists and on equipping vessels with the “Gonets” terminals program capacity building on port State measures. show that over 3 years 242 “Gonets” terminals have While the RAP is a voluntary instrument, it provides been sold, but some of the “Gonets” do not work in some basis for countries to take individual or collective the TSK mode, because many of them purchased it action to improve the conservation and sustainable under the Electronic Fishing Journal (EFJ). Directly use of natural fish resources and combat IUU in the as TSK, 144 terminals have been installed, tested region. These measures include a range of flag and and functioning, taking into account the redundant port state requirements, which in most cases require equipment. Inmarsats are also deployed two or three political will, significant resources and time to address per vessel to ensure uninterrupted communications. the problem of IUU fishing (APEC 2008). The scope According to the latest data, 77 “Gonets” terminals of INTERPOL’s Global Fisheries Control Project is have been installed on vessels operating above 75 also expanding, as part of an enforcement initiative degrees, taking into account redundant ones. In 2018, launched in 2013 to support law enforcement agencies 110 vessels sailed over 75 degrees, of which about 55

Analysis of the state of affairs with the implementation of the National Action Plan to Prevent, Limit and Eliminate IUU Russian Fishing of Aquatic 32 Biological Resources in the Atlantic and Pacific Oceans and the development of additional measures to prevent, contain and eliminate it vessels are equipped with the “Gonets” TSK. At the in 2012, but no practical results were achieved for same time, ship owners have already purchased 91 eight years. At the autumn meeting of the permanent pieces of equipment. There were 448 failures in the Russian-Norwegian commission, a test report and Inmarsat system for five months of 2019, but they proposals for the protocol of the Fiftieth session of were not recorded in the “Gonets” system. There are the JRNFC will be prepared. “During the meeting more installed Inmarsat terminals than “Gonets”, of the working group, the issue of agreeing on a but the absence of failures in the Russian system new protocol on satellite positioning, which should speaks of its reliability and quality. 12 items per day replace the outdated agreed formats from 2000, are transmitted via Inmarsat. The position comes was also considered. Agreed to make efforts and every two hours. This is the maximum allowable complete the approval process this year and, if gap to comply with all legal requirements. If one or possible, submit the protocol to the next session of two positions of the vessel disappear, then, in fact, the JRNFC in 2020. A bilateral meeting was held the fisherman is already violating the positioning at the Monitoring Center of Norway, during which requirements. “Messenger” transfers 144 positions the work of the electronic fishery log of Norway was per day, and even if ten positions disappear for some demonstrated, the parties exchanged experience. reason, it will not be fatal for the positioning of the invited Norwegian colleagues to visit Russia and get court (23). At the same time, the analysis of the acquainted with Russian developments in the field operation of different OSM systems (Annex 6) shows of electronic reporting and satellite positioning The that the use of the (“Gonets”) system has significant Center for Fisheries Monitoring and Communication drawbacks: an independent assessment of the is actively working on the transition to cross-border effectiveness of this system has not been carried out, exchange of electronic catch data with Nor Egypt, in some areas of the Arctic “Gonets” does not allow Iceland, Faroe Islands. The test results will be tracking fishing and transport activity. In this regard, further discussed at a meeting of the Joint Russian- it seems advisable to return to the issue of operation Norwegian Fisheries Commission, which will be held of the condominium ARGOS, which has a number of in the fall of 2020, and the system is planned to be advantages that Inmarsat and “Gonets” do not have. fully operational in 2021. The test is part of a broader collaboration between Russia, Norway, Iceland 2.4.2. Electronic Fishing Logbook (EFL) and the Faroe Islands to implement an initiative to improve fisheries management in the area, which and Monitoring Data Exchange is being implemented by the North East Atlantic According to Artyom Vilkin (23), the Ministry of Fisheries Commission (NEAFC). Russia also plans to Agriculture of Russia, the Federal Fisheries Agency, sign a remote sensing protocol with the Faroe Islands the State Duma and the Federation Council believe in May 2020, and tests are scheduled for the summer that the sectoral monitoring system is not endowed of 2020. Much of the preliminary work, including with legal status, that is, it is necessary to adopt a bill setting up a communication channel, has already on OSM. An action plan has been developed, which been done. The protocol with Iceland is planned to be should be implemented by the end of the summer of signed during the global fisheries forum, which will be 2020, but before that the document must undergo held in autumn 2020 in St. Petersburg. The exchange interagency coordination. of information on fish catch through remote sensing, which involves both the Faroe Islands and Iceland, According to the Federal State Budgetary Institution will begin next year, according to the CSMS. “Center for Fisheries Monitoring System and Communication” (CSMS) (23 and 24), Russia and The experience of such a country as China is Norway have agreed to start testing the electronic also noteworthy (25). The Chinese Ministry of exchange of catch data in the second quarter of 2020. Agriculture, which oversees the sector, has sent a The corresponding agreements were reached during letter to all fishing companies licensed to operate the meeting of the working group on electronic data internationally, proposing a plan that would require interchange, held in Bergen on February 19-20. In vessel owners to keep a record of all transhipments April-June, both parties must test electronic data of their catches. The ministry said its move is to interchange, exchange test results and comments. ensure that Chinese vessels comply with the rules An agreed protocol on the exchange of data between set by the world’s regional fisheries management Russia and Norway was signed and approved back organizations (RFMOs). Under this proposal, much of

Analysis of the state of affairs with the implementation of the National Action Plan to Prevent, Limit and Eliminate IUU Russian Fishing of Aquatic Biological Resources in the Atlantic and Pacific Oceans and the development of additional measures to prevent, contain and eliminate it 33 the work of the new observer system to be deployed 2.4.3. Observers on board fishing on board the vessels will be carried out by the China Far Eastern Fisheries Association, also known as the vessels China Oceanic Fisheries Association. It is a Chinese WWF has repeatedly raised the issue of the lack of government-funded organization that serves as the effectiveness of the observers’ work associated with representative body of the industry. The association, a number of factors, which were detailed in WWF’s according to the letter from the Ministry, “will create comments to the report of the Moody Marine certifier a special mechanism to enhance coordination and (auditor) on eco-certification of the pollock fishery in self-discipline in the management and maintenance the Sea of Okhotsk according to MSC standards (see of transport vessels” and will “coordinate” the new MSC website: https: // fisheries.msc.org/en/fisheries/ system, collecting records from operators, as well russia-sea-of-okhotsk-pollock/@@assessments). as sending observers to the vessels. Observers will Moreover, insufficient coverage of the observation of be selected by the ministry, and the data will also fishing operations, the lack of a system for training be analyzed by staff from three structures under the observers, as well as documents regulating the Ministry of Agriculture: the Ocean Fisheries Training rights and obligations of observers in due measure, Center, the China Ocean Fisheries Data Center and the insufficient attention of observers to recording International Ocean Fisheries Compliance Research bycatch, discards, including non-commercial species, Center. Another goal of the new rules is to create a served as the main complaints about the quality of new China Ocean Fishery Transportation trading certification, as a result whereby WWF protested platform for long-distance fishery and transhipment against the certification. And despite the fact that the companies to “promote market-oriented, transparent protest was withdrawn, due to the fact that many of the and standardized” long-distance fish transport while shortcomings were eliminated as a result of joint work enhancing the international competitiveness of the with ADM and TINRO, there are still no adequately Chinese industry. regulating the rights and obligations of observers. The need for a significant improvement in this system is also It seems to us appropriate to support the proposals of recognized by the regulatory authorities (see the letter D.K. Bekyashev (2 and 3): that FGBU Sevvostrybvod, “On Amending the Draft a) Participate more actively in the activities of the Order” On the Organization of the Work of Scientific International Monitoring, Control and Surveillance Observers...” (Annex 7). The only organization in Network (MCS). The International Network aims Russia that adopted “the Draft Regulation on the Legal to improve the efficiency and effectiveness of observer status in commercial fisheries and regulations on scientific observers on fishing vessels of fishery monitoring fisheries-related activities through enterprises – members of the Interregional “Longline increased cooperation, coordination, information Fishing” association (LFA) (Annex 7) and “Regulation gathering, and information exchange among on the observer system” The LFA recently updated the national organizations and institutions responsible “Regulation on observers” – an internal document – for monitoring fisheries-related activities. which defines the rights and obligations of an observer b) Establish communication with Global Fishing on fishing vessels and guarantees him access to Watch and Oceana. GFW has focused on vessel documentation and the fishing process. The transparency and revolutionized fisheries document was developed and updated in cooperation monitoring by combining this data into a coherent with the World Wildlife Fund (WWF), approved by whole, creating a platform that is open source the management of the Association and operates on and free of charge to provide a global view of all longline vessels of its member fishing enterprises. industrial fisheries (monitoring 70,000 vessels). For more details see on the WWF website: https:// The result has given a global impetus to fisheries new.wwf.ru/resources/news/morya/nablyudateli-na- transparency that includes initiatives from yarusolovakh-poluchili-rasshirennye-polnomochiya leading fishing countries such as Peru, Panama (Annex 8) These documents have not been adopted at and Indonesia to share their vessel monitoring the state level. We offer the leadership of the FFA to data, and has led Chile, Costa Rica and Namibia consider and approve at the state level, the proposals to publicly commit to sharing data on tracking of the SVTU FFA to improve the work of observers. ships. Researchers are increasingly using data and And also, the Regulations on the system of observers analysis tools on this free access platform. and their status. Or, at a minimum, recommend

Analysis of the state of affairs with the implementation of the National Action Plan to Prevent, Limit and Eliminate IUU Russian Fishing of Aquatic 34 Biological Resources in the Atlantic and Pacific Oceans and the development of additional measures to prevent, contain and eliminate it that industry associations adopt these provisions as Management and Reduction of Discards, it is internal documents. It is also necessary to put into necessary to develop and approve in the prescribed practice the developed field guides for fish and main manner a National Bycatch and Discard Management groups of megabenthos for training and the daily Plan, similar to the National Plan for Combating IUU use of observers on board the fishing fleet. We have Fishing, or expand the latter to him a special section, developed similar identifiers for the Arctic basin (26 which should contain: and 27). - Information on the type (-s) of fisheries undertaken or 2.4.4. Reduction of by-catch and foreseen, including types of fishing vessels and fishing gear, fishing areas, level of fishing effort, duration discards of non-target and less of fishing, as well as fishing targets and imminent valuable species, more accurate by-catch species, especially endangered, threatened extinction or protected. assessment of catch (catch - Risk assessment to identify the specific nature and weighing, improvement of fishing magnitude of bycatch and discards problems in a given gear, etc.) fishery as a basis for priority setting and planning; We have provided specific proposals for changing this - Analysis of the effectiveness of measures taken to situation for the better. In particular, it was indicated eliminate by-catch and discards identified during the that in Russia, in particular in the Northern Basin, the risk assessment; emissions of “non-marketable” fish are prohibited by the Fishing Rules (28). Resolution No. 515 of May 25, - Analyze the potential effectiveness of alternative 1994 (as amended on September 26, 2000 No. 724) (29 methods to address the by-catch and discards and 30) approved the “Taxes for calculating the amount identified during the risk assessment; of the penalty for damage caused by citizens, legal entities and stateless persons by destruction, illegal - Review of systems for regular monitoring of the fishing or ... “, where the punishment is determined in effectiveness of bycatch management and reduction the amount of 60 rubles. for 1 cod, haddock, pollock, of discards, and their assessment against management regardless of size and weight. However, it is impossible objectives; to give a single example of punishment of fishermen for this act, except for the release of salmon from - Measures to connect fishers as full partners in the drifter nets in the Far East (31). By the way, according development, testing and evaluation of measures to to unofficial information of some observers, discards reduce bycatch and discards; of small fish (mainly pollock) still reach 50 percent or more in some cases. - Measures for collaborative research between countries sharing fisheries or similar bycatch and Lessons learned from different approaches to collecting discards problems; discards are likely to be useful in commenting on the International Guidelines for Bycatch Management and - Promoting successful measures to address bycatch Reduction of Discards, which FAO is currently working and discards. on at the request of its Committee on Fisheries. Given the importance of this document, FAO completed the As priority measures to control emissions, it International Guidelines for Bycatch Management follows (3): and Reducing Discards in 2010. However, many 1. Legally equate emissions with IUU fishing and observers believe that it is time to introduce ambitious apply measures to violators similar to those procedures similar to those used to collect and prescribed in the “National Action Plan to Prevent, synthesize data on landed catches in order to gain Deter and Eliminate Illegal, Unreported and an adequate understanding of the magnitude and Unregulated Fishing”. Art. 7.6.9 of the Code of complexity of the emissions problem. Conduct for Responsible Fisheries (KSRF), which was unanimously adopted at the FAO Conference In order for FAO to recognize the Russian Federation on 31.10.1995 and provides the necessary as a party to the International Guidelines for Bycatch

Analysis of the state of affairs with the implementation of the National Action Plan to Prevent, Limit and Eliminate IUU Russian Fishing of Aquatic Biological Resources in the Atlantic and Pacific Oceans and the development of additional measures to prevent, contain and eliminate it 35 framework for the implementation of national The organization of the rational use of water resources and international activities to ensure long-term in the process of fishing activities and the elimination sustainable use of ABR (22 and 32). of overfishing requires the introduction of a system of 2. To grant the right to the territorial bodies of multi-species accounting of catches and technologies the Federal Fisheries Agency for decentralized for their processing. In order to establish objective decision-making on the closure / reopening of coefficients of raw material consumption during the fishing areas with an increased by-catch of juveniles release of products at sea, it is necessary, according at the regional level. to experts, to carry out comprehensive experimental and control work at sea, taking into account the fishing 3. Develop and submit to the Government of the areas, fishing periods, biological changes in aquatic Russian Federation a draft federal law “On organisms and analysis of the production process, Amendments to the Federal Law” On Fisheries to harmonize standards at the international level and the Conservation of Aquatic Biological with subsequent introduction into production. In the Resources “and other legislative acts of the Russian future, there will be a need to switch from the system of Federation, providing for the establishment of a accounting for the yield by output to direct accounting, ban on the release of any types of ABR classified using weight conveyors according to the experience of as fishery objects (caught) in fishing areas under the United States in the pollock fishery (33). the sovereignty and jurisdiction of the Russian Federation by all fishing vessels, and in areas of To significantly reduce the by-catch of juveniles, it is international treaties of the Russian Federation – proposed to develop and test a new trawl sorting system by domestic fishing vessels, as well as responsibility to increase the selectivity of the fishery, primarily for for such emissions. pollock. To this end, it is necessary to prepare a draft 4. For the practical implementation of measures to sorting system for a mid-depth trawl for pollock fishing, reduce emissions, carry out year-round monitoring make models of a mid-water trawl and a sorting system, of the state of the resource base and fishery with the conduct their model and field tests in order to create an help of research vessels and the vessel’s electronic optimal design of the sorting device. fishing reporting system, as well as develop programs for analyzing the data obtained. 2.4.5. Bringing the capacity of the The American experience of maintaining pollock fishing fleet and processing stocks in a good, stable condition and controlling emissions is known (33). It is as follows: capacity into line with the size – The number of trawler-processors and trawler- of stocks catchers who are entitled to fish under a paid license is determined by a special law. The analysis carried out by WWF experts showed a significant discrepancy between the capacity and – quotas of biological resources for a long period are capital intensity of the main production assets used – allocated to associations and distributed among the fishing fleet, and the amount of reserves inthe members on a paid basis; Barents Sea region. The low economic efficiency of the – good equipment is used and only pelagic trawls; fleet (per ton of aquatic biological resources caught), – the amount of raw material extracted is determined especially the medium tonnage, contributes to the by electronic converter scales and automatically development of the practice of unaccounted fishing transferred to the National Marine Fisheries and illegal transshipment in the sea, as well as discards Service (NMFS) website; of small-sized fish (primarily cod (34). This study – on each trawler there are always two federal was published in 2007, the situation has changed inspectors; somewhat due to the launched fleet renewal program. In accordance with the decisions adopted by the State – the contracts of the members of the Associations Council for the Development of the Fisheries Complex provide for very tough penalties for overfishing or in 2015, the fishing industry continues to implement concealing information about the catch; the mechanism of state support for attracting – since companies have the ability to process any by- investments in the industry in the form of investment catch, the overboard discharge of fish is reduced to quotas for the construction of fishing vessels and fish 0.5%. processing plants.

Analysis of the state of affairs with the implementation of the National Action Plan to Prevent, Limit and Eliminate IUU Russian Fishing of Aquatic 36 Biological Resources in the Atlantic and Pacific Oceans and the development of additional measures to prevent, contain and eliminate it Based on the results of the bidding campaigns, 68 The laying of all vessels under the program will contracts were concluded to secure investment quotas be carried out at the plants by the end of 2021. The for new construction projects with a total volume of construction program is designed until 2025. attracted investments of about 187 billion rubles: of which 43 contracts were concluded for the provision Due to the mechanism of granting investment quotas it of quotas for the construction of fishing vessels (18 became possible to carry out the largest fishing vessel for the Far East and 25 for the North fishery basins) construction projects in Russia since the times of the with an investment volume of 166 billion rubles and USSR: laying of a series of ten 108-meter trawler- 25 contracts involving the construction of new fish processors, which are being built at the Admiralty processing plants (14 in the Far East and 11 in the Shipyards for the Russian Fishing Company, and a North) worth 21 billion rubles. series of ten 80-meter vessels for GC “Norebo”, which are being built at “Northern Shipyard”. With the help of the investment quotas program, about 65% of the fleet capacity in the Northern Basin and 25- Also, construction of fish processing plants is not 30% for the Far East will be renewed. inferior in pace. In total, 6 objects have already been implemented in the Russian Far East, of which: 4 According to the requirements, all these ships and plants in the Kamchatka Territory and one each on the factories are being built on the territory of the Russian Kuril Islands and in the Primorsky Territory. Federation, and must be equipped with new processing equipment that produces products with a high degree These are large pollock and herring processing of processing. plants Vityaz-auto LLC (Kamchatka Territory) with a capacity of 126 tons of products per day and Kurilskiy Of the ongoing projects, two vessels have already Rybak LLC (Shikotan Island) with a capacity of 340 been built – these are 50-meter seiner trawlers for tons of fish products and 25 tons of waste products, the Collective fishing farm named after V.I. Lenin Kamchattralflot LLC “(Kamchatka Territory) with (Petropavlovsk-Kamchatsky), the construction of which a capacity of 100 tons of pollock fillet and minced was carried out at the Yantar shipyard (the Leninets meat and 27.6 tons of fish meal, JSC RK Novy Mir ship has already arrived at the home port, the property (Primorsky Territory) with a capacity of 110 tons of rights are being registered on the Komandor ship). products per day, as well as two small factories of Ukinsky Liman LLC with a capacity of 33 tons per day Ten more vessels have been launched to date, of which: for raw and Zarya LLC with a capacity of 40 tons per – 50-meter seiner trawler for the Collective fishing day for raw. farm named after V.I. Lenin (Petropavlovsk- Kamchatsky) – (a total of four such vessels will be In the Northern Basin, 3 investment objects have built); been implemented – the fish processing plant of Arkhangelsk Experimental Seaweed Plant JSC – two 86-meter trawler-processor, built by order of (Arkhangelsk) with a daily capacity of 50 tons of fish JSC “Arkhangelsk Trawl Fleet” and one 80-meter products and 6 tons of waste products, the plant of trawler for LLC “Nord-Piligrim” at the Vyborg Russkaya Cod LLC (Murmansk region) with a capacity shipyard; of 50 tons of products, as well as the Park plant LLC – two 70-meter trawler-processors for the company with a daily production of 57.5 tons of fish products. Murmanseld-2 CJSC, being built at LSZ Pella OJSC. Thus, today the shares of the quota of harvesting (catching) aquatic biological resources of pollock and By the end of next year, four vessels will be built: herring in the Far East (the remainder of 1.7%), as – two 60-meter trawler-processors for the FEST well as cod and haddock in the North (the remainder company, being built at the LWS Pella OJSC, it is of 2.5% due to the refusal of one of the participants planned to build four vessels; from the signing of an agreement providing for the – 35-meter trawler Karelryba LLC, being built at the implementation of an investment project for the facilities of Shipyard Vympel JSC; construction of a fish processing plant). At the same – 59-meter longline fishing vessel under construction time, the bottom food fish species of the Far Eastern at Severnaya Verf PJSC for RK Virma LLC. basin have not been completely distributed.

Analysis of the state of affairs with the implementation of the National Action Plan to Prevent, Limit and Eliminate IUU Russian Fishing of Aquatic Biological Resources in the Atlantic and Pacific Oceans and the development of additional measures to prevent, contain and eliminate it 37 In order to stimulate interest in such investment objects, Due to the introduction of the mechanism of investment in accordance with the Decree of the Government quotas, shipyards received the necessary orders and of the Russian Federation dated September 3, 2019 are gaining experience in the construction of fishing No. 1150, the shares of the allocated quota per one vessels of various projects, although recently there has investment object, providing for the construction of a been a delay in construction by almost all shipbuilding ship, were increased. enterprises. To give an additional impetus to the renewal of the sectoral fleet, the Federal Fisheries Thus, for a small-tonnage vessel, the volume of the Agency intends to come up with a legislative initiative quota has increased approximately threefold, and for providing for further stimulation of the renewal of the medium-tonnage vessels by one and a half – two times. fleet without the use of state support. Rosrybolovstvo announced an application campaign for these objects. However, in our opinion, insufficient attention is paid to the correlation between the fishing capacity Taking into account the experience of this mechanism, of the fishing fleet and processing capacities and proposals have been prepared for expanding the list commercial reserves. We consider it necessary to of types of fishing objects participating in investment continue research in this direction, in order to develop quotas. The proposals envisage supplementing the an optimal scheme for updating and increasing the list of aquatic biological resources with bottom-food efficiency of the fishing fleet, and the possibility of fish species (cod, halibuts, grenadier, greenbacks) in buying out an obsolete fleet from fishermen, as is the West Bering Sea subzone, as well as pollock and done in some developed countries, in order to prevent herring in the Karaginskaya subzone. In offering the overfishing and undermining of stocks. To do this, it indicated types of fish, the Federal Fisheries Agency is proposed to pay attention to studies carried out to proceeded from the economic component of the assess the ecological and economic efficiency of fishing fishery, including the need to ensure an appropriate (35) and use these results in long-term plans for the amount of resources for the payback of the vessel development of fisheries activities, for example, in the within a 10-year period. preparation of the National Fisheries Management Plan, on the development of which D.K. Bekyashev When preparing the draft resolution, proposals were insists (3 and 4). received from the Ministry for the Development of the Russian Far East, which provided for the addition Despite the fact that a number of measures have of the list of aquatic biological resources with highly already been taken aimed at the rational distribution valuable objects, namely, a trumpeter, sea cucumber of fishing loads, reducing the by-catch of juveniles (cucumaria), scallop, sea urchin, Primorye sea and the pressure of the fishery into separate groups – cucumber – “trepang” and various types of shrimp. limiting the release of pollock roe, introducing an autumn fishing season in the Sea of Okhotsk – season According to Rosrybolovstvo, such a proposal may B, combining quotas for the West Kamchatka and contain risks of developing IUU fishing, given the high the Kamchatka-Kuril fishing subareas, according to liquidity of these biological resources. At the same TINRO – Pacific branch of VNIRO (link to document), time, the specificity of fishing for some of the proposed it is necessary to promptly introduce into the practice facilities provides for the use of divers or the use of of full accounting of catches using electronic conveyor traps, which does not correspond to the purpose of the scales of continuous weighing before they go into mechanism for providing investment quotas for the processing. Only in recent years has this proposal construction of modern vessels that ensure waste-free begun to find support from the fishing community and processing of aquatic biological resources on board. industry leaders, although fisheries science has been advocating this for about 20 years. The construction of such vessels can be provided due to the measures of state support developed by the Ministry of Industry and Trade of Russia for the construction of medium and low-tonnage fishing vessels in the framework of the execution of the order of the President of the Russian Federation dated December 14, 2018 No. Pr-2409.

Analysis of the state of affairs with the implementation of the National Action Plan to Prevent, Limit and Eliminate IUU Russian Fishing of Aquatic 38 Biological Resources in the Atlantic and Pacific Oceans and the development of additional measures to prevent, contain and eliminate it 2.4.6. Increasing the role of regional Article 87, subparagraph “e” and article 116 of the 1982 Convention enshrine the freedom of fishing fisheries management of all countries in the “high seas” (in the water area organizations (the so-called outside the EEZ and the continental shelf). Article 118 of the Convention established the possibility of RFMOs and the introduction of establishing sub-regional and regional organizations the principles of sustainable for the conservation and management of living marine use of marine living resources, resources of the high seas. ecosystem and precautionary As a result, by the middle of the second decade of the 21st century, almost all of the “high sea” of the World approaches to their exploitation Ocean was covered by regional fisheries management After the establishment by the end of the 1970s by most organizations (RFMOs) (see Figure below). Currently, coastal countries of 200-mile exclusive economic zones a number of emerging RFMOs (RFMOs) have (EEZs), on December 10, 1982, the UN Convention on been added to them – for example, GFCM – in the the Law of the Sea was adopted (7), which became the Mediterranean Sea, SIOFA – in the southern part of main law in the field of maritime fishing law for all the Indian Ocean, CECAF – off the west coast of Africa, countries – participants. WECAFC – in the western part of the Atlantic Ocean. See Annex 9 for more details on the work of RFMOs. Article 56 of this Convention established the sovereign rights of the state to all living marine resources Regional fisheries management organizations are a located within its EEZ, and Article 77 – sovereign smart approach to addressing issues arising from the rights to sedentary species of living marine resources. use of transboundary marine living resources.

Analysis of the state of affairs with the implementation of the National Action Plan to Prevent, Limit and Eliminate IUU Russian Fishing of Aquatic Biological Resources in the Atlantic and Pacific Oceans and the development of additional measures to prevent, contain and eliminate it 39 These organizations reflect the most important duty 14) General Fisheries Commission for the of the state, in accordance with international law, they Mediterranean (GFCM); must cooperate in the field of ensuring the conservation 15) Convention on the Conservation and Management and sustainable use of natural resources: transboundary of Pollock Resources in the Central Bering Sea or resources outside the areas of national jurisdiction. (CCBSP); However, there are a number of unresolved issues 16) Western Central Atlantic Fishery Commission that have become obstacles for states in their effective (WECAFC); implementation of the obligations assumed through 17) Fisheries Committee for the Eastern Central their participation in the work of the RFMO. These Atlantic (CECAF). issues arise as a result of the non-participation of states that are not part of the RFMO – since, in accordance In order to prevent IUU fishing, according to D.K. with international law, treaties are binding only for Bekyashev (3) any RFMO should have the right to: their participants and do not create rights or obligations to third parties without their consent. Thus, vessels a) communicate and disseminate information related registered under the flag of states that are not parties to IUU fishing; to a particular RFMO treaty are not required to comply b) to identify vessels that are engaged in IUU fishing with the rules that have been agreed by the RFMO and coordinate enforcement action against them; member states. Such states undermine environmental c) identify States whose vessels are engaged in IUU and management measures and any incentives for fishing and may urge identified States to remedy citizens of the member states to comply with the rules. this situation; d) urge Member States to take action against non- There are currently seventeen RFMOs – (RFMO – nationality vessels fishing in the area of operation Regional Fishery Organizations): of the RFMO concerned; 1) International Commission for the Conservation of e) adopt rules binding on their Member States to Atlantic Tunas (ICCAT); ensure that charter arrangements for vessels do not 2) Indian Ocean Tuna Commission (IOTC); result in IUU fishing; 3) Western and Central Pacific Fisheries Commission f) adopt rules on port inspection, limitation of (WCPFC); transhipments at sea, as well as provisions 4) Inter-American Tropical Tuna Commission prohibiting the unloading of fish caught in the (IATTC); relevant area by vessels of non-RFMO member 5) Agreement on the International Dolphin states; Conservation Program (AIDCP; sister organization g) approve a catch specification system and / or trade to IATTC); documentation; 6) High Level Panel for a Sustainable Ocean Economy h) take other market-based measures to combat IUU Commission for the Conservation of Southern fishing. Bluefin Tuna (CCSBT); 7) North-East Atlantic Fisheries Commission It has been established that in recent years, within (NEAFC); the framework of the UN and a number of RFMOs, proposals have been formulated to declare the high 8) Northwest Atlantic Fisheries Organization (NAFO); sea or its individual parts as marine protected areas 9) North Atlantic Salmon Conservation Organization with the prohibition of fishing activities in them. (NASCO); Such actions paralyze the ocean fishery of the Russian 10) South East Atlantic Fisheries Organization Federation and other states. Without a doubt, this (SEAFO); process should be regulated by international legal 11) South Indian Ocean Fisheries Agreement norms. (SIOFA); 12) South Pacific Regional Fisheries Management At the first stage, an international document, for Organization (SPRFMO); example, a code (3 and 4), should be developed and adopted within the UN (with the participation of FAO). 13) Convention on the Conservation of Antarctic The principal sections of this document could be the Marine Living Resources (CCAMLR); following provisions: the objectives of establishing a

Analysis of the state of affairs with the implementation of the National Action Plan to Prevent, Limit and Eliminate IUU Russian Fishing of Aquatic 40 Biological Resources in the Atlantic and Pacific Oceans and the development of additional measures to prevent, contain and eliminate it marine protected area; the process for the designation states must be guided by scientific data on the state of marine protected areas; biological, ecological, socio- of aquatic biological resources when making fisheries economic and scientific criteria for the designation management decisions, and the absence of such data of marine protected areas; the procedure for the or the availability of unconfirmed data cannot serve establishment of marine protected areas and the as a basis or justification for not taking measures to adoption of appropriate protective measures; criteria conserve resources. The essence of the principle of the for evaluating applications for the establishment ecosystem approach lies in the fact that when making of marine protected areas; Procedure for RFMOs decisions on fisheries management, states must be to consider an application for the establishment of guided by requirements based on the prevention and marine protected areas. avoidance of harm to other living resources, objects and the environment in general (3 and 4). The principle At the same time, it is important to provide that such of a precautionary approach to the conservation of areas are created exclusively within the framework of marine living resources has found its consolidation in RFMO, and not as a result of any separate decisions the legislation of a number of leading fishing states, as of states. In a second step, the code should be well as in the acts of the European Union. At the same transformed into a legally binding document. One of time, this principle is not enshrined in the legislation the priority tasks is to develop an international legal of the Russian Federation. definition of marine protected areas in agreement with such interested international organizations as the UN, However, it is obvious that de facto Russia applies FAO, IMO and existing RFMOs. When coordinating this principle in fisheries management, in particular, the establishment of marine protected areas, special when establishing the total allowable catch, making attention should be paid to the regime of freedom of decisions to close fishing areas in order to restore navigation and the conduct of resource, oceanographic, dwindling stocks, introducing a ban on the extraction geophysical and hydrographic research in the water of certain types of aquatic biological resources, etc. areas of marine protected areas. In addition, a All these are administrative actions are carried out complete and comprehensive scientific justification on the basis of scientific data on the state of stocks for the need for such a step on the part of RFMOs of aquatic biological resources. Without taking should be an essential factor in deciding whether to into account the opinion of the Russian fishery establish marine protected areas. Exploring the legal science, its forecasts, none of the above decisions is activities of RFMOs as a tool to combat IUU fishing, taken. However, according to the author, in order D.K. Bekyashev (3) notes that the measures they are to consolidate this principle de jure, it is necessary taking are as follows: promoting the implementation to amend the Federal Law “On Fisheries and the of outreach programs; creation and maintenance Conservation of Aquatic Biological Resources” of lists of vessels engaged in IUU fishing (so-called in 2004, especially since this corresponds to the “black lists”); design and implementation of catch international obligations assumed by the Russian documenting systems; ensuring that Member States Federation (3). In the bilateral treaties of the Russian comply with recommendations on port control of ships; Federation, the principle of a precautionary approach strengthening monitoring, control and surveillance to the conservation of marine living resources has systems; wider application of methods for inspecting not yet received wide recognition. However, there vessels in fishing areas; coverage of all vessels are already precedents for its inclusion in the texts (transport, fishing and others involved in fishing) of treaties, for example, in the Agreement between by means of observation; improving information the Government of the Russian Federation and the exchange; improvement of vessel monitoring systems. European Community on cooperation in the field of fishing and conservation of living marine resources The normative content of the principle of sustainable in the Baltic Sea, 2009, the Agreement between the use of marine living resources is that states, when governments of the Russian Federation and the managing fisheries, should take measures that United States on the conservation of straddling fish ensure the long-term sustainability of marine living stocks in the central part of the Bering Sea 1996. In resources, prevent or eliminate their overexploitation addition to agreements on cooperation in the field of and depletion, and retain the ability to meet the fishing, the principle of a precautionary approach to needs of present and future generations for such the management of fish resources is also enshrined resources. ...The precautionary approach means that in the Treaty between the Russian Federation

Analysis of the state of affairs with the implementation of the National Action Plan to Prevent, Limit and Eliminate IUU Russian Fishing of Aquatic Biological Resources in the Atlantic and Pacific Oceans and the development of additional measures to prevent, contain and eliminate it 41 and Norway on the delimitation of sea spaces and in 2004, especially since this corresponds to the cooperation in the Barents Sea and the Arctic Ocean international obligations assumed by the Russian in 2010. This principle is also enshrined in the Federation. D.K. Bekyashev (3) points out that in the Agreement between the governments of the Russian bilateral agreements of the Russian Federation the Federation, Iceland and Norway on some aspects principle of the ecosystem approach in fisheries has of cooperation in the field of fisheries in 1999 D.K. not been properly consolidated. The only example Bekyashev (3) believes that the consolidation of the of the inclusion in the text of the treaty of norms on precautionary approach principle in the concluded the ecosystem approach is the Agreement between international agreements on fisheries management is the Government of the Russian Federation and the important and necessary. From a practical point of European Community on cooperation in the field of view, this is expedient, first of all, in those bilateral fisheries and conservation of living marine resources treaties, in accordance with which our country grants in the Baltic Sea in 2009. Elements of the procedure for the right to the vessels of foreign states to fish in the making a decision on TAC values are the discussion of Russian exclusive economic zone. substantiating materials at a specialized species Pollock Council in VNIRO, Academic Councils of research This will allow the Russian Federation, as necessary, institutes, the Far Eastern Forecasting Council, the and, based on scientific evidence, to impose Industry Council for Fisheries Forecasting, the Far restrictions on fishing for certain types of marine Eastern Scientific and Fisheries Council and at public living resources or to close fishing areas in order hearings, which are mandatory within the framework to restore stocks, without violating the provisions of the implementation of the provisions of the Federal of the treaty and, consequently, international Law “On Environmental Expertise”. The final and obligations. Currently, RFMOs mainly use the very important stage is the consideration of materials ecosystem approach in their activities. However, it is substantiating the TAC values within the framework enshrined only in some of the international treaties of the State Ecological Expertise carried out by the that established them: the 1980 Convention on the authorized body of the Ministry of Natural Resources Conservation of Antarctic Marine Living Resources; with the involvement of independent experts. The 2006 South Indian Ocean Fisheries Agreement; The 2009 Convention on the Conservation and Until recently, the materials provided by the Management of Fishery Resources on the High Seas of departmental fisheries science contain an assessment the South Pacific Ocean; 1980 Convention on Future of the impact of fishing on target commercial species Multilateral Fisheries Cooperation in the North-East and practically do not contain materials on the impact Atlantic Ocean (with subsequent amendments and of fishing on non-target, non-commercial or less additions); 2001 Convention on the Conservation and valuable species. Management of Fisheries in the South-East Atlantic Ocean The principle of the ecosystem approach in In this regard, we propose: fisheries is reflected in the legislation of a number a) Introduce a section on assessing the impact of of leading fishing states, as well as in the acts of the fishing on marine ecosystems, including by-catch, European Union. As for the legislation of the Russian discards of non-target species, including seabirds Federation, the author notes that the principle of and mammals, benthic fauna, etc. to the plans of the ecosystem approach in fisheries is not enshrined fishery research institutes. in it. At the same time, de facto Russia applies this principle in fisheries management, in particular, b) Introduce sections on by-catch and discards in the when establishing the Total allowable catch (TAC), ESP functionality. making decisions on closing fishing areas in order c) In the materials submitted to the PoE, include to restore dwindling stocks, introducing a ban on sections on assessing the impact of fishing on non- the extraction of certain types of aquatic biological target, non-commercial or less valuable species. 86 resources, etc. Recommendation: Develop and implement a National However, according to the author, in order to Fisheries Management Plan, and the TAC estimate consolidate this principle de jure, it is necessary (total allowable catch) should be based on the to amend the Federal Law “On Fisheries and the best available scientific practice and the best data Conservation of Aquatic Biological Resources” collected (3).

Analysis of the state of affairs with the implementation of the National Action Plan to Prevent, Limit and Eliminate IUU Russian Fishing of Aquatic 42 Biological Resources in the Atlantic and Pacific Oceans and the development of additional measures to prevent, contain and eliminate it Chapter 3. Participation of civil society in the management of the use of ABR

Analysis of the state of affairs with the implementation of the National Action Plan to Prevent, Limit and Eliminate IUU Russian Fishing of Aquatic Biological Resources in the Atlantic and Pacific Oceans and the development of additional measures to prevent, contain and eliminate it 43 The mechanisms for the distribution of aquatic creation and are more transparent and effective. The biological resources between users, giving them the order of activity of such councils is governed by Art. 33 of right to dispose of these resources and carrying out the Federal Law of December 20, 2004 No. 166-FZ “On fishing activities have a significant impact onthe Fisheries and the Conservation of Aquatic Biological final indicators (quantitative and qualitative) of the Resources” and by order of the Federal Arbitration fisheries management system used. The urgency of the Agency dated April 17, 2008 No. 318. The main task need to improve the management system of aquatic of the basin councils is to develop recommendations biological resources for the Russian Federation was and proposals on the conservation and rational use of due, in addition to taking into account the influence aquatic biological resources, including the distribution of biological and ecological factors, by the transition of quotas for catching aquatic biological resources to a model of market relations, which are based on between persons who have such a right. In the competition, the prevalence of private interests. The Okhotsk, Bering, Japanese and Chukchi Seas, these latter presupposes the adoption at the state level issues are dealt with by the Far Eastern Scientific and of measures of socio-economic orientation in the Fishery Council (DVNPS). DVNPS makes decisions interests of residents of Pomor settlements, members on specific, private problems of fishery activities. of professional associations engaged in fishing and The Council includes representatives of large fishing society as a whole, harmonization of multidirectional companies of the Far East and their associations interests. (29% of the members of the Council), administrations of all regions of the Far East (18%), all Far Eastern In fact, at present in the fishing industry of Russia research fisheries organizations subordinate to the there is only one Public Council under the FAR, Far Eastern research and development organizations created in accordance with Art. 20 of the Federal Law (15%), the central office and territorial departments of of April 4, 2005 No. 32-FZ “On the Public Chamber the FAR (14%), the border service of the FSB (12%), of the Russian Federation” and Resolution of the the basin administrations subordinate to the FAR – Government of the Russian Federation No. 481 of fish breeders and the CSMS (11%), associations of August 2, 2005. The creation of public councils under indigenous peoples (1%). In order to coordinate federal executive bodies was intended to ensure fishery activities at the regional level, territorial fishery interaction of citizens and public associations with councils operate in Russia. The order of their activities federal authorities in order to take into account the is governed by Art. 33 of the Federal Law of December interests of citizens, protect their rights and freedoms, 20, 2004 No. 166-FZ “On fishing and conservation the rights of public associations in the formation and of aquatic biological resources” and the regional implementation of state policy. According to the plan, legislation of the corresponding constituent entity of representatives of the public should participate in the the Russian Federation. Their composition includes activities of the public council, and state bodies should representatives of regional administrations, territorial consult with the opinion of the public council on the bodies of federal power (FAR, Ministry of Natural adoption and implementation of decisions, which is Resources represented by Rosprirodnadzor, Ministry one of the mechanisms for the wide participation of of Agriculture represented by Rosselkhoznadzor, FSB, society in state activities and control over decisions Ministry of Internal Affairs, etc.), scientific fisheries made by the authorities. organizations, fishing companies or their associations and indigenous peoples living on this territory. In The Public Council, in fact, represents a very important the Far East, in each region such councils have been form of interaction between the state and society, but created. Their main functions are to coordinate the for its effective work it needs reforming – increasing actions of the regional authorities to regulate fishing, transparency and publicity in the formation of the preserve aquatic biological resources and protect composition of the Council’s members, reducing the the interests of local fisheries enterprises at the dependence of its activities on the authorities, giving basin and federal levels, prepare proposals for the it, on the one hand, real powers, and on the other – distribution of quotas for catching aquatic biological increasing responsibility for decisions. resources for fishing companies and organizations in the region, and other issues, associated with the In contrast to the Public Council of the FAR, the implementation of fishery activities in the region. activities of the basin scientific and field councils are Often, issues that are brought up for discussion by the more consistent with the goals declared during their DVNPS undergo preliminary testing and approval at

Analysis of the state of affairs with the implementation of the National Action Plan to Prevent, Limit and Eliminate IUU Russian Fishing of Aquatic 44 Biological Resources in the Atlantic and Pacific Oceans and the development of additional measures to prevent, contain and eliminate it meetings of territorial councils, as a result of which modern and technologically advanced trawlers – a the position of the party initiating the consideration Norwegian-built vessel of the “stercoder” type. On of the issue becomes clearer, and many contradictions average, its maintenance then cost about 3.5 million are removed in the process of discussion at the local dollars a year. This is provided that the vessel has level. The activities of these Councils are important for been in the fishery for at least 210 days. During this developing a constructive balanced approach to key time, the “stercoder” could catch 8-10 thousand issues of fisheries development at the regional, basin tons of fish. At the current prices, the net income and federal levels. after taxes was less than a million dollars. If the ship owner paid for the quota for these 8 thousand tons at At present, at the interregional and interdepartmental average – not even record – auction prices, his losses level, the FNPS is one of the most constructively would have amounted to more than $ 4 million. Note working bodies that really influence the management that we were talking about very efficient and high- of fisheries in the Far East. This is largely due to the tech ships, equipped with the latest technology. Their wide and proportional representation among the products are in high demand in the world market members of the Council by organizations, departments and are expensive. Some Soviet super-trawler of the and regions. Such a composition, along with a high RTMS type, which has been in the field for 20 years professional level of experts participating in the and specializes exclusively in “headless”, has a much preparation of proposals, and a collegial principle of worse income-cost ratio. In any case, honest work work, ensures the adoption of effective decisions on in full compliance with the quotas purchased at the the most complex problems of the functioning of the auction simply cannot be profitable. But the losses fishery complex of the Far East, incl. on issues related had to be covered somehow. As predicted by many to the conservation and rational use of pollock stocks in experts, the introduction of auctions has led to an the Sea of Okhotsk. The decisions made by the DVNPS increase in poaching, illegal export of seafood, as well become the basis for making managerial decisions by as massive discards of small and less valuable fish the FAR, as well as by regional administrations. and invertebrates. According to the Pacific Fisheries Research Center, in an effort to choose a quota from At the federal level, public participation in the broad expensive products, fishermen sent overboard up to sense of the word in governance is very limited. 50% of the catch. It was about hundreds of thousands The functioning of the mechanism regulating the of tons of dead fish. Marine ecosystems have suffered possibility of such participation in the framework of tremendous damage, not to mention economic the Public Council under the ARF is currently not losses. (By the way, in Iceland, the distribution of entirely effective. To a greater extent, the participation quotas through auctions led to exactly the same of various parties in the discussion and transparency in thing – a massive overboard of a low-value part of decision-making affecting fishing and the preservation the catch.) We also noted one more drawback of of aquatic biological resources takes place within the auctions: responsible companies investing money in framework of the Far Eastern Scientific and Fishing the social sector, in the development of production Council (in improving the basin system of fisheries and processing, not to mention the reproduction of management) and territorial fisheries councils (at the reserves, as a rule, have limited funds. They cannot level of a specific Far Eastern region). However, the compete with those who enter the auctions with last two bodies are rather a platform for discussion of criminal money, with a hidden subsidy from one or issues by the professional expert community, rather another state structure or with foreign money of dark than public circles. Thus, in general, the participation origin, and they simply drop out of the game (36). of wide strata of society in the decision-making process can currently be assessed as weak and insufficient. Right-based management (RBM) can help regulate global fisheries productivity and its implementation One of the striking examples of when management helps maintain a balance between economic, structures ignore the opinion of industry environmental and social needs around the world. representatives is the introduction of auctions for the A law-based system is based more on the interest of sale of quotas (shares) into practice. Even 18 years the copyright holder. Right holders who have a strong ago, WWF warned about the harmfulness of the interest in preserving the resource are motivated to introduction of these auctions (36). Even then, we take on more management responsibility. In most calculated the economic indicators of one of the most cases, this system has been successful in increasing

Analysis of the state of affairs with the implementation of the National Action Plan to Prevent, Limit and Eliminate IUU Russian Fishing of Aquatic 46 Biological Resources in the Atlantic and Pacific Oceans and the development of additional measures to prevent, contain and eliminate it Chapter 4. Market-based measures to increase the demand for responsible fisheries products and establish trade barriers for poaching products

Analysis of the state of affairs with the implementation of the National Action Plan to Prevent, Limit and Eliminate IUU Russian Fishing of Aquatic 48 Biological Resources in the Atlantic and Pacific Oceans and the development of additional measures to prevent, contain and eliminate it Chapter 5. CONCLUSION on the results of the implementation of the National Action Plan to prevent, deter and eliminate illegal, unreported and unregulated fishing and the main proposals for the Federal Fisheries Agency, the Ministry of Agriculture and other responsible federal bodies on additional measures developed as a result of the analysis

Analysis of the state of affairs with the implementation of the National Action Plan to Prevent, Limit and Eliminate IUU Russian Fishing of Aquatic Biological Resources in the Atlantic and Pacific Oceans and the development of additional measures to prevent, contain and eliminate it 49 Thus, the development of fisheries in the Russian b) after the adoption of amendments and additions Federation requires the adoption of a set of measures to the Federal Law No. 166-FZ, prepare and adopt that include both amendments to the current national a number of bylaws in the development of the legislation on fisheries and practical measures aimed provisions of the Agreement of 2009; at preventing, deterring and eliminating IUU fishing, c) amend the legislation of the Russian Federation in eliminating unequal competition between domestic terms of clarifying the powers of seaport captains. and imported fish products on the domestic market, the focus of the regulatory legal framework and the 8) The National Action Plan for the Prevention, field of technical regulation of the fish market and Containment and Elimination of Illegal, Unreported veterinary and sanitary control in the field of fish and Unregulated Fishing (Annex 1) also provides products turnover to reject substandard and unsafe for the annual submission to the Government of the products and, at the same time, to remove excessive Russian Federation of a report on the progress and administrative barriers for bona fide producers, expand results of the implementation of the national plan. the sources of credit for the fishery industry through And in accordance with the order of the Government project financing and the activities of specialized state of the Russian Federation dated December 24, 2015 institutions. In other words, a combination of ensuring No. 2661-r on the approval of the List of measures the sustainable state of aquatic biological resources, for the implementation of the national action plan for increasing the purchasing power of the population and the prevention, deterrence and elimination of illegal, expanding access to finance is needed. We propose unreported and unregulated fishing, the Ministry of to continue working with the relevant government Agriculture of Russia annually, by March 15, must agencies and business structures in order to increase submit to The Government of the Russian Federation their interest in the implementation of the measures a report on the progress of the implementation of the outlined in these recommendations of the Ministry of measures provided for in the list, and (if necessary) Agriculture – FAR. proposals for adjusting the list. That is, the specified List of Activities should be adjusted for a new five-year In the field of legislation and amendments period – until 2025. Whether new adjustments to the List of Activities have been received from the Russian to the Plan for a new period until 2025 Ministry of Agriculture, unfortunately, we do not In order to prevent IUU fishing, we support the know. A new order of the Government of the Russian proposal for the Russian Federation to join, first of all, Federation should be adopted, defining an updated the following two universal international treaties (3 List of measures to implement the national action plan and 4): to prevent, deter and eliminate illegal, unreported and A. FAO Agreement to Promote Compliance by Fishing unregulated fishing and adopting new Targets for the Vessels on the High Seas with International next five-year period – until 2025. Measures for the Conservation and Management of Living Resources, 1993; 9) Taking into account the proposed orders of the Government of the Russian Federation dated B. Agreement on Port State Measures to Prevent, December 25, 2013 No. 2534-r “On the approval of the Deter and Eliminate Illegal, Unreported and National action plan for the prevention, deterrence Unregulated Fishing, 2009 and elimination of illegal, unreported and unregulated The Russian Federation signed the 2009 Agreement, fishing” and dated December 24, 2015 No. 2661-r “On but has not yet ratified it. In order to implement the list of measures for the implementation of the measures for the ratification of the 2009 Agreement national action plan to prevent, deter and eliminate by the Russian Federation, the following measures illegal, unreported and unregulated fishing “reporting must be taken: form on the implementation of these orders: a) to amend the Federal Law of December 20, 2004 – reports (Rosrybolovstvo) on the implementation No. 166-FZ “On Fishing and Conservation of of the “List of measures to implement the national Aquatic Biological Resources” with additions and action plan to prevent, deter and eliminate illegal, amendments concerning the empowerment of the unreported and unregulated fishing” must be Federal Fisheries Agency with powers to combat submitted to the Ministry of Agriculture of Russia IUU fishing, provided for in the 2009 Agreement; “annually, by February 1”;

Analysis of the state of affairs with the implementation of the National Action Plan to Prevent, Limit and Eliminate IUU Russian Fishing of Aquatic 50 Biological Resources in the Atlantic and Pacific Oceans and the development of additional measures to prevent, contain and eliminate it – The Ministry of Agriculture of Russia annually, by 11) Taking into account the alleged openness of the March 15, must submit to the Government of the reporting documents (reports) to the Government of Russian Federation a report on the progress of the the Russian Federation, prepared by Rosrybolovstvo implementation of the measures provided for in and the Ministry of Agriculture of Russia, specified the “List of measures for the implementation of the in paragraph 10, it is necessary for the relevant national action plan to prevent, deter and eliminate departments to ensure the public (open) nature of illegal, unreported and unregulated fishing”; these documents. – it is also planned to submit an annual report to the Government of the Russian Federation on the 12) As previously mentioned, the National Action Plan progress and results of the implementation of the for the Prevention, Containment and Elimination National Plan (it is possible that the reports on of IUU Fishing has its scope of application “fishing the implementation of the “List of measures for carried out in areas under the sovereignty and the implementation of the national action plan to jurisdiction of the Russian Federation, in fishing prevent, deter and eliminate illegal, unreported areas administered by regional fisheries management and unregulated fishing” a document that must organizations, of which the Russian Federation is be submitted annually to the Government of the a member, as well as areas of the “high sea” in the Russian Federation “on the progress and results of World Ocean. the implementation of the National Plan”). Accordingly, accounting for the implementation of the Note that the indicated orders of the Government of National Plan should be carried out in three areas: the Russian Federation do not contain references on – within the framework of international cooperation the basis of which documents (approved procedure or in the field of fisheries activities for the other) should be used to assess the achievement of the implementation of common documents of broad target indicators of the List of Measures. action – at the international (interstate) level; – within the framework of the implementation of 10) Considering that a number of regulatory documents, bilateral international agreements in the field on the basis of which the order of the Government of of fisheries activities – at the level of bilateral the Russian Federation of December 25, 2013 No. cooperation; 2534-r “On approval of the National Action Plan for the prevention, deterrence and elimination of illegal, – at the national level. unreported and unregulated fishing” was adopted, had a limited period actions such as: 13) At the interstate level, in the implementation of the National Plan, it should be noted the need for – Maritime doctrine of the Russian Federation for the Federal Fisheries Agency to complete work with the period up to 2020, the interested federal executive authorities on the – Concept for the development of the fisheries implementation of the “Agreement on Port State industry of the Russian Federation for the period Measures to Prevent, Deter and Eliminate Illegal, up to 2020, Unreported and Unregulated Fishing”, adopted by – State program of the Russian Federation the Food and Agriculture Organization of the United “Development of the fishery complex”, approved Nations (FAO) on November 22, 2009 and entered by the order of the Government of the Russian into force on June 5, 2016. This Agreement must be Federation dated March 7, 2013 No. 315-r, ratified by the Russian Federation in 2020 (within the – Strategy for the development of the fishery complex framework of the implementation of the Targets on of the Russian Federation for the period up to 2020, the List of Activities). etc.; and at present, new regulatory legal acts have 14) At the bilateral level, attention should be paid to been adopted that determine the development the implementation of the following issues within of the fishery complex of the Russian Federation the framework of the implementation of bilateral until 2030, then, accordingly, the order of the agreements between the Russian Federation and other Government of the Russian Federation dated countries to prevent IUU fishing: December 25, 2013 No. 2534-r and the National – development of contractual relations with Canada, Plan need to be adjusted and updated. with which a Memorandum was signed in July

Analysis of the state of affairs with the implementation of the National Action Plan to Prevent, Limit and Eliminate IUU Russian Fishing of Aquatic Biological Resources in the Atlantic and Pacific Oceans and the development of additional measures to prevent, contain and eliminate it 51 2012, and which was supposed to become the basis 17) You should also pay attention to the implementation, for an agreement on the prevention of IUU fishing; in our opinion, of a number of important measures of – activation of negotiation processes on signing the National Plan, which were noted in a regulatory bilateral agreements / memorandums on document that has lost its validity – the order of the combating IUU fishing with all countries with Ministry of Agriculture of the Russian Federation which Russia has agreements on cooperation in the dated February 18, 2014 No. 14-r “On approval of field of fishing; the list of measures on the implementation of the national action plan to prevent, deter and eliminate – within the framework of the implementation of illegal, unreported and unregulated fishing “, but at the Agreement between the Governments of the the same time are relevant for the implementation of Russian Federation and the DPRK, draw attention the National Plan: to the repeated cases of IUU fishing by the small- scale DPRK fleet in the EEZ of the Russian Clause 5. Develop and submit to the Government Federation in the Primorye subarea; of the Russian Federation a draft federal law “On – within the framework of the implementation of Amendments to the Federal Law” On Fisheries and the the Agreement between the Governments of the Conservation of Aquatic Biological Resources “ rules, Russian Federation and Japan, pay attention to the as well as the establishment of powers of the Ministry implementation of bottom net fishing by Japanese of Agriculture of Russia to adopt such rules. vessels of transboundary stocks of black halibut in the Central part of the Sea of Okhotsk within the Clause 6. Conduct an analysis of the compliance of framework of the Intergovernmental Agreement. Russian legislation in the field of counteracting IUU fishing with international treaties in this area and the Given the fact that most of the countries with which practice of countering IUU fishing and submit to the Russia has agreements on cooperation in the field Government of the Russian Federation proposals on of fisheries support, like Russia, the International the implementation of international law into Russian Action Plan for the Prevention, Containment and legislation and amending the National Plan for Elimination of Illegal, Unreported and Unregulated Countering IUU Fishing and this List. Fishing, approved on June 23, 2001, and also has own National IUU Fishing Action Plans, it may be worth Clause 8. Develop and submit to the Government reconsidering the need to conclude and implement of the Russian Federation a draft federal law “On bilateral IUU Fishing Agreements with such countries. Amendments to the Federal Law “On Fishing and Conservation of Aquatic Biological Resources” and 15) It should be noted that when implementing the other legislative acts of the Russian Federation, National Plan, it is necessary to pay special attention providing for: to the following subparagraphs of paragraph 3 of the – Subclause 8.15. establishment of the powers of plan: the Government of the Russian Federation to b) strengthening control over the turnover of catches determine the procedure for accounting and use of of aquatic biological resources imported into the aquatic biological resources caught (caught) as by- territory of the Russian Federation and exported catch; outside its boundaries; – Subclause 8.16. the establishment of a ban on the release of any types of aquatic biological resources, c) creation of a system for tracing the origin of catches harvested (caught) in areas of production (fishing) of aquatic biological resources at all stages of their under the sovereignty and jurisdiction of the movement; Russian Federation, and by Russian vessels and in e) the introduction of an electronic logbook and the areas where international treaties of the Russian use of an enhanced qualified electronic signature Federation are in force, as well as responsibility for by the captains of fishing vessels in order to record such release; and transmit information about fishing activities; f) installation on vessels of the fishing fleet of Clause 9. Develop and submit to the Government additional means of technical audio and video of the Russian Federation a draft federal law “On recording, as well as means of remote access to the Amendments to Certain Legislative Acts of the Russian necessary information. Federation”, providing for:

Analysis of the state of affairs with the implementation of the National Action Plan to Prevent, Limit and Eliminate IUU Russian Fishing of Aquatic 52 Biological Resources in the Atlantic and Pacific Oceans and the development of additional measures to prevent, contain and eliminate it – Subclause 9.1. classifying fishing as a violation of – Subclause 19.6. the procedure for the sale of the legislation of the Russian Federation, which individual tools for the harvesting (catch) of aquatic undermines the effectiveness of measures for the biological resources; conservation and management of aquatic biological – Subclause 19.12. the procedure for compensation resources adopted by international fisheries for damage caused to aquatic biological resources organizations, of which the Russian Federation is by the conduct of IUU fishing in the areas where a member, and establishing responsibility for such international treaties in the field of fishing and violations; conservation of aquatic biological resources are in force; Clause 14. Develop and submit to the Government – Subclause 19.18. the procedure for accounting and of the Russian Federation a draft regulatory legal act uses of aquatic biological resources caught as by- of the Government of the Russian Federation on the catch; development of a set of measures aimed at reducing – Subclause 19.19. the procedure for conducting an excess production capacity, including reducing expert assessment of the quality and cost of catches subsidies and economic incentives provided to of aquatic biological resources and products from individual entrepreneurs and legal entities. them resulting from IUU fishing and their use. Clause 16. Develop and submit to the Government Clause 20. Adopt normative legal acts of federal of the Russian Federation a draft regulatory legal executive bodies determining: act of the Government of the Russian Federation establishing criteria for assessing the effectiveness of – Subclause 20.3. fishing rules for areas of application the activities of federal executive bodies in countering of international treaties of the Russian Federation; IUU fishing. Clause 21. Continue work on organizing countering Clause 18. Within the framework of interagency IUU fishing, within the framework of the International cooperation: Union of Fisheries Associations and other international organizations. Associations and unions of fishery – Subclause 18.2. create an interdepartmental organizations of the Russian Federation, with the working group to monitor illegal, unreported and participation and in agreement with the Federal unregulated fishing, as well as the preservation Fisheries Agency, are recommended to consider at of aquatic biological resources in relation to the a meeting of the International Union of Fishermen currency-intensive types of aquatic biological (ICFA) the issue of national associations-ICFA resources of the Far Eastern fishery basin. members working with the governments of their states to develop and adopt national plans to counter IUU Clause 19. Prepare and submit to the Government fishing. of the Russian Federation drafts of regulatory legal acts of the Government of the Russian Federation 18) In order for FAO to recognize the Russian establishing: Federation as a party to the “International Guidelines – Subclause 19.1. the procedure for issuing permits for Bycatch Management and Reduction of Discards”, for activities related to acceptance, transshipment, it is necessary to develop and approve in the prescribed transportation, storage and unloading of catches manner a “National Bycatch and Discard Management of aquatic biological resources obtained (caught) Plan”, similar to the National Plan to Combat IUU in internal sea waters, in the territorial sea, on the Fishing, or expand the latter, including various continental shelf and in the exclusive economic indicators of fishing activity (see above). zone of the Russian Federation, in the Caspian and Azov seas, in areas of application of international Legally equate emissions with IUU fishing and apply treaties of the Russian Federation in the field of measures to violators similar to those prescribed in the fishing and conservation of aquatic biological “National Action Plan to Prevent, Deter and Eliminate resources according to the national quotas of Illegal, Unreported and Unregulated Fishing”. the Russian Federation, as well as fish and other products produced on ships from such catches of 19) Develop and submit to the Government of aquatic biological resources; the Russian Federation a draft federal law “On

Analysis of the state of affairs with the implementation of the National Action Plan to Prevent, Limit and Eliminate IUU Russian Fishing of Aquatic Biological Resources in the Atlantic and Pacific Oceans and the development of additional measures to prevent, contain and eliminate it 53 Amendments to the Federal Law “On Fisheries and – To assess the possibility of using radar satellite the Conservation of Aquatic Biological Resources” imagery to improve the quality of monitoring of and other legislative acts of the Russian Federation, fishing activities in especially important sea areas, providing for the establishment of a ban on the to carry out a number of pilot projects to test the release of any types of WBG classified as fishery technology for detecting illegal fishing operations objects obtained (caught) in fishing areas under by comparing OSM data and the results of the sovereignty and jurisdiction of the Russian processing radar satellite images. Federation by all fishing vessels, and in areas of international treaties of the Russian Federation – by – As part of the development of the use of the domestic fishing vessels, as well as responsibility for electronic logbook, consider the possibility such emissions. of including by-catch and discard data in the reported fishery parameters. 20) To consolidate the use of the ecosystem and precautionary approach in the practice of fisheries – Legally establish the rights and obligations of management, make appropriate amendments to the observers in the form of the Regulation on the Federal Law “On Fisheries and the Conservation observer system and the Regulation on the work of Aquatic Biological Resources” of 2004, which of an observer on board a fishing vessel. Using the corresponds to the international obligations assumed existing domestic and international experience, by the Russian Federation. organize a permanent system of education and advanced training of observers. 21) Propose at the level of various RFMOs to codify international marine fisheries, which will streamline – Develop and adopt a methodology and program for the legal framework for fisheries in the world, assessing the amount of IUU fishing for the main including the creation of marine protected areas, fishing objects, including them in the thematic general principles and approaches to the management plans of departmental research institutes and of fisheries in the open and operating zones of various universities... RFMOs. – To introduce into practice the developed field guides for fish and main groups of megabenthos To improve the monitoring system for training and the daily use of observers on for fishing activities: board the fishing fleet. Conduct an independent comparative analysis of – Ensure the introduction into practice of full the effectiveness of various systems that can be used accounting of catches in the fishery, both within for satellite tracking of fishing vessels (Inmarsat, and outside the Russian EEZ, using electronic “Gonets”, SAT-AIS, Argos, Iridium, etc.). conveyor scales of continuous weighing prior to their entry into processing. Continue research - Considering the fact that Argos is the only satellite and efforts to introduce sorting grids for pelagic system that provides absolutely reliable observation trawls, sparing bottom gear models and other of vessels and excludes falsification of data by the technical and organizational solutions to reduce crews of vessels, and also taking into account the by-catch and discards. availability of operational equipment of the Argos system on many Russian fishing vessels, consider – Publicly commit to the exchange of vessel tracking resuming the use of this system as part of OSM. data with international organizations such as Global Fishing Watch and Oceana to increase – Assess the need to use AIS equipment for the transparency of fishing operations by sharing monitoring the Russian fishing fleet, taking into vessel tracking data. account the fact that AIS data is distributed on a commercial basis in the international market and can be used by foreign fishing companies as a source of information on the activities of the Russian fleet, which will provide them with additional competitive advantages.

Analysis of the state of affairs with the implementation of the National Action Plan to Prevent, Limit and Eliminate IUU Russian Fishing of Aquatic 54 Biological Resources in the Atlantic and Pacific Oceans and the development of additional measures to prevent, contain and eliminate it In the field of improving the efficiency of – To provide the territorial bodies of the Federal Fisheries Agency with the right of decentralized fisheries management decision-making on the closure / opening of fishing areas with increased by-catch of juveniles at the – We consider it necessary to continue researching regional level. the relationship between the fishing capacity of the fishing fleet and processing capacities and – Take comprehensive measures of state support commercial stocks, in order to develop an optimal for the development of fisheries conservation scheme for updating and increasing the economic authorities both at the federal and regional levels, and environmental efficiency of the fishing fleet, including looking for opportunities to increase and the possibility of buying out an obsolete fleet the number of inspectors and improve their from fishermen, as is done in some developed material and technical support, in particular countries, in order to prevent overfishing and by redistributing funds from fines imposed on undermining of reserves. violators of the Fishing Rules and compensatory funds for causing damage to the WBR and their – Consider and include the developed proposals to habitat from various types of economic activities improve the efficiency of combating IUU fishing in of legal entities and individuals – violators of the plan for conducting operational and preventive environmental legislation. Priority should be measures, including within the framework of given to the protection of natural reproduction interagency cooperation, to identify and suppress sites before financing artificial reproduction, the facts of illegal harvesting (catching) of aquatic including capital measures (construction, biological resources in the internal waters of the reconstruction and technical re-equipment of Russian Federation, including in the internal sea enterprises for artificial reproduction of aquatic waters of the Russian Federation, in the territorial biological resources), fishery reclamation. The sea of the Russian Federation, in the EEZ of the minimization of damage from economic activities Russian Federation, on the continental shelf of the can be achieved by: Russian Federation, as well as in the Caspian and Azov seas and their illegal movement across the – improving the system of measures aimed at customs border of the Customs Union. compensating for harm caused to aquatic biological resources in the implementation To enhance public participation in fisheries manage- of economic and other activities, improving ment: scientific support; – increasing the level of centralization and – Provide public access to RF reports on the management efficiency of funds allocated to implementation of the National Action Plan to compensate for damage to aquatic biological Prevent, Limit and Eliminate Illegal, Unregulated resources. and Unreported (IUU) Fishing. – to increase the salaries and social protection of employees of the lower and middle levels – Make publicly available tracking data for fishing of supervisory bodies, while at the same and transport vessels, publish lists of permits for time tightening responsibility for actions fishing operations, information on penalties for incompatible with the status of a state fishing crimes, information on the true owners of inspector, to ensure the possibility of paying each vessel. bonuses to them by regional and municipal administrations, as well as interested fishermen – Expand the powers of Public and Fisheries based on the results of work to curb poaching. Councils, Associations and Unions, NGOs and other – to create a Russian fund for responsible fisheries members of the public, ensuring their participation for more effective financing of innovative in the allocation of quotas… Based on the long-term projects to improve fisheries, including the right of fishermen to access the RBD (historical development of more gentle fishing gear, deeper principle), which has proven effective. Develop processing of catches, promotion of products of measures to connect fishers as full partners in the responsible producers in the markets, etc. (42). design, validation and evaluation of measures to 11. For salmonids, as one of the most valuable reduce bycatch and discards.

– Conduct an analysis of the compliance of Russian Clause 16. Develop and submit to the Government of legislation in the field of countering IUU fishing the Russian Federation a draft regulatory legal act of with international treaties in this area and the the Government of the Russian Federation establishing practice of countering IUU fishing and submit criteria for assessing the effectiveness of the activities to the Government of the Russian Federation of federal executive bodies in countering IUU fishing. proposals on the implementation of international law in Russian legislation and amending the Clause 18. Within the framework of interagency National Plan for Countering IUU Fishing and this cooperation: Scroll.

Analysis of the state of affairs with the implementation of the National Action Plan to Prevent, Limit and Eliminate IUU Russian Fishing of Aquatic 56 Biological Resources in the Atlantic and Pacific Oceans and the development of additional measures to prevent, contain and eliminate it – Subclause 18.2. create an interdepartmental – Subclause 19.12. the procedure for compensation working group to monitor illegal, unreported and for damage caused to aquatic biological resources unregulated fishing, as well as the preservation by the conduct of IUU fishing in the areas where of aquatic biological resources in relation to the international treaties in the field of fishing and currency-intensive types of aquatic biological conservation of aquatic biological resources are in resources of the Far Eastern fishery basin. force; – Subclause 19.18. the procedure for accounting and Clause 19. Prepare and submit to the Government uses of aquatic biological resources caught as by- of the Russian Federation drafts of regulatory legal catch; acts of the Government of the Russian Federation – Subclause 19.19. the procedure for conducting an establishing: expert assessment of the quality and cost of catches – Subclause 19.1. the procedure for issuing permits of aquatic biological resources and products from for activities related to acceptance, transshipment, them resulting from IUU fishing and their use. transportation, storage and unloading of catches of aquatic biological resources obtained (caught) Clause 20. Adopt normative legal acts of federal in internal sea waters, in the territorial sea, on the executive bodies determining: continental shelf and in the exclusive economic – Subclause 20.3. fishing rules for areas of application zone of the Russian Federation, in the Caspian and of international treaties of the Russian Federation; Azov seas, in areas of application of international treaties of the Russian Federation in the field of Clause 21. Associations and unions of fishery fishing and conservation of aquatic biological organizations of the Russian Federation, with the resources according to the national quotas of participation and in agreement with the Federal the Russian Federation, as well as fish and other Fisheries Agency, are recommended to consider at products produced on ships from such catches of a meeting of the International Union of Fishermen aquatic biological resources; (ICFA) the issue of national ICFA member associations – Subclause 19.6. the procedure for the sale of working with the governments of their states to develop individual tools for the harvesting (catch) of aquatic and adopt national plans to counter IUU fishing... biological resources;

Analysis of the state of affairs with the implementation of the National Action Plan to Prevent, Limit and Eliminate IUU Russian Fishing of Aquatic 58 Biological Resources in the Atlantic and Pacific Oceans and the development of additional measures to prevent, contain and eliminate it 1) Illegal, unreported and unregulated (IUU) fish- 14) Levashina N.V. “Formation of the Abramis brama ing. FAO, http://www.fao.org/iuu-fishing/back- (Linnaeus, 1758) bream population and com- ground/what-is-iuu-fishing/ru. mercial use of its stocks in the Volga-Caspian basin”. 2020. – http://www.astu.org/Content/ 2) Review of Impacts of Illegal, Unreported and Un- Page/4704. regulated Fishing on Developing Countries FINAL REPORT. Marine Resources Assessment Group 15) Safaraliev I.A. Modern distribution of stellate Ltd. July 2005. sturgeon (Аcipenser stellatus Pallas, 1771) in the Caspian Sea and assessment of the stocks of its 3) Krainy A.A. and Bekyashev K.A. International chal- Volga population. 2018. – http://www.vniro.ru/ lenges to combating IUU fishing. VNIRO Publish- en/zashchita-dissertatsij/zashchita-dissertatsij- ing, 2012. bs-arkhiv/zashchita-dissertatsii-safaralieva-il- 4) Bekyashev D.K. Modern international legal prob- dara-absatarovicha. lems of fishing. Abstract of the dissertation for the 16) EJF. 2018. Out of the Shadows: Improving Trans- degree of Doctor of Law. Moscow, 2017. parency in Global Fisheries to Stop Illegal, Unre- 5) S. Widjaja, T. Long, H. Wirajuda, et al. 2019. Ille- ported and Unregulated Fishing. London: EJF. – gal, Unreported and Unregulated Fishing and As- https://ejfoundation.org/resources/downloads/ sociated Drivers. Washington, DC: World Resources Transparency-report-final.pdf. Institute. Available online at: www.oceanpanel.org/ 17) Dronova N.A., Spiridonov V.A. Illegal, unaccount- iuu-fishing-and-associated-drivers. ed for and unregulated catch of Pacific salmon in 6) Aaron Orlowski. IUU economic estimates climb Kamchatka. – M.: WWF-Russia / TRAFFIC Eu- as high as USD 50 billion in new study. Seafood- rope, 2008. Sourse: https://www.seafoodsource.com/news/ 18) Illegal Russian crab. Trade Flow Survey (translat- environment-sustainability/iuu-economic-esti- ed from English) WWF-Russia, M. 2015: file: /// mates-climb-as-high-as-usd-50-billion-in-new- C: /Users/kzgurovsky/Downloads/wwf_illegal_ study. crab_rus_new_www_1.pdf. 7) UN Convention on the Law of the Sea: http:// 19) Sukharenko A.N., Turovets A.E., Zhernovoy M.V., www.consultant.ru/document/cons_doc_ Khrenkov O.V. Illegal circulation of aquatic bio- LAW_121270/. logical resources in the Far East as a threat to the 8) Bekyashev K.A., Bekyashev D.K. A new stage in the economic security of Russia: monograph. – Vladi- codification of international maritime fishing law vostok: ZAO Publishing House “Economic news- has begun. Fish industry. No. 3, 2016. paper”, 2014. – http://stopcrabmafia.ru/wp-con- 9) Order of the Ministry of Agriculture of the Russian tent/uploads/2014/09/%D0%9D%D0%9D%D0% Federation of May 17, 2016 N 49-r. 9D-%D0%BE%D0%B1%D0%BE%D1%80%D0% BE% D1% 82-2014.pdf. 10) Order of the Government of the Russian Federa- tion of December 24, 2015 N 2661-r: On the list of 20) Putilov S.A. Stop the fish mess! An open appeal to measures to implement the national action plan the governor of the Kamchatka Territory. http:// to prevent, deter and eliminate illegal, unreported fishkamchatka.ru/articles/exclusive/34283/. and unregulated fishing. 21) Vakhrin S.I. Something is wrong in the fish 11) A list of by-laws in the field of fishing and conserva- kingdom. http://fishkamchatka.ru/articles/ tion of aquatic biological resources. http://www. exclusive/27107/?sphrase_id=9310. geotochka.ru/index.php?id=798&option=com_ 22) Expert comments on the Code of Conduct for content&task=view#kontwelf. Responsible Fisheries (adopted by the Food and 12) Site of the Center for Sectoral Monitoring of the Agriculture Organization of the United Nations Federal Fisheries Agency: http://cfmc.ru/osm/. (FAO) on October 31, 1995 in Rome, Italy). – M., WWF-Russia, 2013. 13) System of satellite monitoring of fisheries. Cur- rent state and development prospects / Compiled 23) Artyom Vilkin: CSMS projects will save fishermen by: Zgurovsky K.A., Prizemlin V.V., Fomin S.Yu. from paper on board: http://fishkamchatka.ru/ Moscow-Murmansk: WWF-Russia, 2008. articles/russia/30201/?sphrase_id=10313.

Analysis of the state of affairs with the implementation of the National Action Plan to Prevent, Limit and Eliminate IUU Russian Fishing of Aquatic Biological Resources in the Atlantic and Pacific Oceans and the development of additional measures to prevent, contain and eliminate it 59 24) Electronic trade journal: from theory to “combat” 30) Decree of the Government of the Russian Federa- practice. CSMS website: .http: //cfmc.ru/press- tion of September 26, 2000 No. 724 “On changing centr/news/elektronnyy-promyslovyy-zhurnal- the rates for calculating the amount of the penalty ot-teorii-k-boevoy-praktike/. for damage caused to aquatic biological resources” // SZ RF. -2000. No. 40. 25) Mark Godfrey. China issues draft of “transparent” transshipment system for dis- 31) Sokolov K.M. Estimation of the hidden impact of tant-water sector. Seafoodsource. April 21, fishing on the population of the Barents-sea cod 2020: https://www.seafoodsource.com/ (on the example of the release of its juveniles): au- news/environment-sustainability/china-is- thor. ... Ph.D. –Murmansk, 2005. sues-draft-of-transparent-transshipment- 32) FAO. International guidelines for bycatch manage- system-for-distant-water-sector?utm_ ment and reduction of discards. Rome, FAO, 2011 source=marketo&utm_medium=email&utm_ [Electronic resource]. – Access mode: http://www. campaign=newsletter&ut = newsletter & fao.org/docrep/016/ba0022r/ba0022r00.pdf mkt_tok = eyJpIjoiTkdReE1EYzNaV0UzT0dO- (date of access 06.24.17). bSIsInQiOiJubDFLQWVtanZaT0d2Y01DT- 33) Kalmykov B.A. Pollock fishing in the USA [Elec- GlqOEpRODhBczBGUmxnSTJMZXI4c2Zo- tronic resource]. -Access mode: http://www.fish- TGtXM3RRcmV5emp5Q0FvdyswXC9od- net.ru/news/novosti_otrasli/21305.html (date of VNoNWpJZEZkaEM0YVlZVlVvc0x3eHB- access 29.02.16). VdzdqM1psWWVqaWZrV1wvNFBJWitOWm- VkNGhlYWwxTFduOXhDWmVSOXNrbWMx- 34) Economic efficiency of using the Russian fish- In0% 3D. ing fleet in the Barents Sea. World Wildlife Fund (WWF), M., 2007: file: /// C: /Users/kzgurovsky/ 26) Dolgov A.V. Field guide to fish in the Barents Sea Downloads/murmansk_fleet_economy.pdf. found in bottom catches (for use on fishing vessels). – Murmansk. World Wildlife Fund (WWF), 35) Mikhailova E.G. Assessment of the efficiency of Polar Research Institute of Marine Fisheries using aquatic biological resources in domestic and Oceanography named after N.M. Knipovi- fisheries // Economic and social changes: facts, ch (PINRO), 2016: https://wwf.ru/resources/ trends, forecast. 2018.Vol. 11.No. 1.P. 57-69. DOI: publications/booklets/polevoy-opredelitel-ryb- 10.15838 / esc / 2018.1.55.4: http://esc.vscc.ac.ru/ barentseva-morya-vstrechayushchikhsya-v-don- article/2508/full. nykh-ulovakh-dlya-ispolzovaniya-n/. 36) Spiridonov V.A., Zgurovsky K.A. Results, No. 021, 27) Zakharov D.V., Strelkova N.A., Manushin I.E., 3.6.2002 The fish rots under the hammer. Zimina O.L., Golikov A.V. Deck identification of 37) Report by Zgurovsky K.A.: “International experi- the main groups of megabenthos in the Barents ence in fisheries management based on a long-term Sea. – Murmansk. World Wildlife Fund (WWF), right to resources” at the 5th International Confer- Polar Research Institute of Marine Fisheries and ence “Sea, Resources, Technologies” in Murmansk Oceanography. N.M. Knipovich (PINRO), 2017: in March 2018. https://wwf.ru/resources/publications/book- 38) Interview of K.A. Zgurovsky to the newspaper “Ry- lets/palubnyy-opredelitel-osnovnykh-grupp- bak Kamchatka”. Right to resource and resource megabentosa/. rights: http://rybak-kamchatky.ru/news/1817- 28) Fishing rules for the Northern fishery basin: ap- pravo-na-resurs-i-resurs-prava.html. proved. By order of the Federal Fisheries Agency 39) Zgurovsky K.A. Business must be involved in re- of January 16, 2009, No. 13 // Russian newspa- source management. Fishnews: https://fishnews. per. -2009. – 25 Feb. ru/news/33549 and https://fishnews.ru/rubric/ 29) Decree of the Government of the Russian Federa- lichnoe-mnenie/10905. tion of 05.25.1994 N 515 (revised from 03.10.2009) 40) Vasiliev A.M., Zgurovsky K.A., Kuranov Yu.F., Go- “On the approval of the rates for calculating the lenkevich A.V., Balashov V.V. Proposals to improve amount of the penalty for damage caused by the the rules for empowering fishermen with the rights destruction, illegal fishing or harvesting of aquatic to long-term use of WBR for their conservation, biological resources” // SZ RF. – 1994. – No. 6. – sustainable and efficient operation. Fishing Indus- St. 604. try, No. 5 2017.

Analysis of the state of affairs with the implementation of the National Action Plan to Prevent, Limit and Eliminate IUU Russian Fishing of Aquatic 60 Biological Resources in the Atlantic and Pacific Oceans and the development of additional measures to prevent, contain and eliminate it 41) Vasiliev A.M., Kuranov Yu.F., Golenkevich A.V., 43) Ksenofontov M.Yu., Goldenberg I.A. Economy Balashov V.V., The long-term right of fishermen to of the salmon farming in Kamchatka. Analysis exploit aquatic biological resources as one of the of the fishery complex of the Bolshaya River tools for preserving aquatic biological resources, basin and development of proposals to improve structure and productivity of marine ecosystems. the efficiency of the use of salmon resources in Fishing Industry, No. 6, 2017. order to develop sustainable fishing and preserve species diversity. – M.: Human Rights, 2008. 42) Pushkareva E.F., Zgurovsky K.A., Mayss N.A., Mayss A.A. Fund for Responsible Fisheries as 44) Regional concept for the reduction of illegal a necessary institution of interaction between salmon fishing in the Kamchatka Territory: the state, associations of fishermen and expert. option presented for broad discussion. – environmental organizations in the field of M.: VNIRO, 2008. 117 ensuring the sustainability of marine fisheries and the preservation of aquatic biological resources (not published).

Analysis of the state of affairs with the implementation of the National Action Plan to Prevent, Limit and Eliminate IUU Russian Fishing of Aquatic 62 Biological Resources in the Atlantic and Pacific Oceans and the development of additional measures to prevent, contain and eliminate it As a result of the work done:

1) A report has been prepared in Russian with an 2) A report was prepared on the discussion with experts extended summary in English, containing the of specific proposals for additional measures to main conclusions based on the analysis of the prevent, deter and eliminate IUU fishing in various implementation by the Russian Federation of regions of the oceans and proposals for amending the National Action Plan to Prevent, Limit and the National Action Plan for the Prevention, Eliminate Illegal, Unregulated and Unreported Control and Elimination of Illegal, Unregulated (IUU) Fishing (see above); and Unreported (IUU) fishing (see below).

Analysis of the state of affairs with the implementation of the National Action Plan to Prevent, Limit and Eliminate IUU Russian Fishing of Aquatic 64 Biological Resources in the Atlantic and Pacific Oceans and the development of additional measures to prevent, contain and eliminate it At the second stage of the work, a discussion was Based on the results of discussions with experts, prepared and held with experts, representatives of proposals for amending the National Action Plan to government agencies and the fishing community on Prevent, Limit and Eliminate Illegal, Unregulated and proposals for additional measures to prevent, deter Unreported (IUU) Fishing Proposals were submitted and eliminate IUU fishing in various regions of the for consideration to the Public Council of the Federal World Ocean, specified in paragraph 1.2. Terms of Fisheries Agency and other interested organizations Reference. (All-Russian Association of Fisheries Enterprises, Entrepreneurs and Exporters – VARPE, Chamber of The experts were: Commerce and Industry of the Russian Federation – 1. Vinnikov A.V., director of the company “Marine CCI RF, etc.). certification”, Ph.D. Member of the Public Council A letter of appeal to the Public Council of of the Federal Fisheries Agency, Candidate of Rosrybolovstvo signed by V.A. Spiridonov was Biological Sciences; prepared (MSC consultant, leading researcher of the 2. Spiridonov V.A., MSC consultant, leading Institute of Oceanology of the Russian Academy of researcher of the Institute of Oceanology of the Sciences, Doctor of Biological Sciences) to include a Russian Academy of Sciences, Doctor of Biological discussion on additional measures to prevent, deter Sciences; and eliminate IUU fishing in various regions of the 3. Salman A.L., satellite monitoring expert, director oceans and proposals for amendments to the National of ES-PAS LLC; Prevention Action Plan, limiting and eliminating illegal, unregulated and unreported (IUU) fishing on 4. Belyaev V.A., Head of the International Department the agenda of meetings of the Public Council of the of VNIRO, Doctor of Biological Sciences; Federal Fisheries Agency for 2020. 5. Bychkov V.B., President of the Interregional “Longline Fishing” Association (LFA); In order to promote our proposals, the author of the report on June 14, 2020, took part in the filming of 6. Golenkevich A.V., Expert of the Sustainable a film about IUU fishing and methods of combating Fisheries Program of the Barents Sea Branch of it, which was organized by the television company WWF; Duma-TV (channel of the Lower House of the Federal 7. Korostelev S.G. Coordinator of the Sustainable Legislative Assembly (Duma). Fisheries Program of the Kamchatka Branch of WWF, Doctor of Biological Sciences; Based on the report, it is planned to publish three 8. Shuvalova T., Director of the program “Regulation publications in departmental publications, presumably of environmental protection and nature in the journal “Fish Industry”. management” WWF; 9. Kirochkin V.A., Chairman of the Subcommittee of the RF CCI, Member of the Public Council of the Federal Fisheries Agency; 10. Moiseev A.R., Project Coordinator of the Environmental Regulation Program, WWF-Russia.

Analysis of the state of affairs with the implementation of the National Action Plan to Prevent, Limit and Eliminate IUU Russian Fishing of Aquatic 66 Biological Resources in the Atlantic and Pacific Oceans and the development of additional measures to prevent, contain and eliminate it Report on concrete proposals on Our report conclusion on the results of the additional measures to prevent, implementation of the National action plan for the prevention, control and elimination of illegal, contain and eliminate IUU Russian unreported and unregulated fishing and the main fishing vessels operations in various proposals for Rosrybolovstvo (Federal Fisheries areas of the world’s oceans and Agency), the Ministry of Agriculture and other responsible Federal agencies for additional measures proposals for changes to the National developed as a result of the analysis are prepared. Plan of Action to Prevent, Restrict and Eliminate Illegal, Unregulated and Following discussions with experts, proposals to Unreported (IUU) fishing. amend the national action plan for the prevention, restriction and elimination of illegal, unregulated and unreported (IUU) fishing were submitted to the Public The report includes a general description of the Council of the Federal Fisheries Agency and other problem, an analysis of the Russian Federation’s interested organizations (the All-Russia Association of implementation of the National plan of Action to Fisheries Enterprises, Entrepreneurs and Exporters- Prevent, Restrict and Eliminate Illegal, Unregulated (VARPE), the Chamber of Commerce and Industry of and Unreported (IUU) fishing by the Russian fishing the Russian Federation (CCI RF). fleet in the Russian Maritime Exclusive Economic Zone and beyond zone of national jurisdiction of the Besides it, in frames of the project we prepared a Russian Federation. letter to the Public Council of the Federal Fisheries Agency signed by V. Spiridonov (MSC consultant, Basing on our analysis we prepared proposals leading researcher of the Institute of Oceanology of on strengthening fishing control measures, legal Russian Academy of Science) to enable discussion on instruments to combat IUU fishing, including changes additional measures to prevent, deter and eliminate in legislation and adjustment of the Plan for the new IUU fishing in different ocean areas and proposals for term until 2025, improvement of the monitoring system amendments in the National Plan of Action to Prevent, for fishing activities, methods for assessing IUU fishing, Control and Eliminate IUU fisheries in the agenda of improving the efficiency of fisheries management, the Public Council of the Russian Federal Fisheries market mechanisms to combat IUU fishing and Agency for 2020. voluntary control measures and creating an enabling environment for the prevention of IUU fishing.

Analysis of the state of affairs with the implementation of the National Action Plan to Prevent, Limit and Eliminate IUU Russian Fishing of Aquatic 68 Biological Resources in the Atlantic and Pacific Oceans and the development of additional measures to prevent, contain and eliminate it Annex 1 Order of the Government of the Russian Federation of December 25, 2013 No. 2534-r “On Approval of the National Action Plan for the Prevention, Containment and Elimination of Illegal, Unreported and Unregulated Fishing”

1. Approve the attached national plan of action to 3. To establish that the measures for implementation prevent, deter and eliminate illegal, unreported of the national plan shall be implemented by the and unregulated fishing (hereinafter the national federal executive bodies concerned and their plan). territorial bodies within the limits of the maximum number of employees of these bodies established 2. To the Ministry of Agriculture of Russia: by the Government of the Russian Federation, – by February 20, 2014 to approve the list of measures as well as the budget appropriations provided by for implementation of the national plan developed them in the federal budget for management and jointly with the interested federal executive bodies; administration in the sphere of established powers and functions. – submit annually to the Government of the Russian Federation a report on the progress and results of the national plan implementation.

NATIONAL PLAN actions to prevent, deter and eliminate llegal, unreported and unregulated fishing

1. The National Plan of Action to prevent, deter and 2. Illegal, unreported and unregulated fishing in this eliminate illegal, unreported and unregulated fishing plan is defined as the activities provided for in Section was developed on the basis of the Constitution of II, paragraph 3 of the International Plan of Action to the Russian Federation, the Code of Conduct for Prevent, Deter and Eliminate Illegal, Unreported and Responsible Fisheries of the Food and Agriculture Unregulated Fishing approved on 23 June 2001. Organization of the United Nations adopted in 1995, the International Plan of Action to Prevent, Deter 3. In order to counteract illegal, unreported and and Eliminate Illegal, Unreported and Unregulated unregulated fishing and to eliminate the causes and Fishing approved on June 23, 2001, the Agreement on conditions that contribute to the formation and Port State Measures to Prevent, Deter and Eliminate development of such fishing, the Russian Federation Illegal, Unreported and Unregulated Fishing. Marine shall ensure the implementation of the following Doctrine of the Russian Federation for the period up measures: to 2020, the Concept of Development of the Fishery a) carrying out by federal executive bodies of the of the Russian Federation for the period up to analysis of the legislation of the Russian Federation 2020, the State Program of the Russian Federation on its conformity to the norms of international law “Development of the Fishery Complex” approved in the field of counteraction to illegal, unreported by the Order of the Government of the Russian and unregulated fishing and submission to the Federation No. 315-r of March 7, 2013, the Strategy of Government of the Russian Federation of proposals Development of the Fishery Complex of the Russian on improvement of the legislation of the Russian Federation for the period up to 2020 and the legislation Federation, including in part: of the Russian Federation on fishery and conservation – regulation of activities on receiving, of aquatic biological resources (hereinafter – aquatic transshipment, transportation, storage and bioresources or ABR) in order to increase the efficiency landing of aquatic bioresources catches; of the fishing industry.

Analysis of the state of affairs with the implementation of the National Action Plan to Prevent, Limit and Eliminate IUU Russian Fishing of Aquatic Biological Resources in the Atlantic and Pacific Oceans and the development of additional measures to prevent, contain and eliminate it 69 – establishment and establishment of the i) development of international cooperation in procedure for conducting and using the list the field of combating illegal, unreported and of fishing fleet vessels in respect of which the unregulated fishing and illegal turnover of catches illegal, unreported and unregulated fishing has of aquatic bioresources; been reliably confirmed; j) improvement of the effectiveness of control – regulation of the procedure for chartering measures over vessels under the flag of a foreign fishing fleet vessels for fishing purposes; state in response to illegal, unreported and – labeling of fishing fleet vessels and instruments unregulated fishing in sea areas where the Russian of harvesting (catching) of aquatic bioresources; Federation performs sovereign rights with respect – inspections of vessels operating under the flag to aquatic bioresources; of a foreign state in the Russian seaport; k) establishment of a warning system designed to disseminate information on non-compliance with b) strengthening control over the turnover of catches conservation and management measures by vessels of water bioresources imported into and exported flying the flag of a foreign country; from the Russian Federation; l) ensuring measures aimed at preventing participa- c) establishment of a system for tracking the origin of tion of citizens of the Russian Federation in illegal, catches of aquatic bioresources at all stages of their unreported and unregulated fishing or its support, movement; including on board a vessel under the flag of a for- d) establishment, based on the existing industry eign state; systems, of a unified system of control over m) strengthening of administrative and criminal the activities of fishing fleet vessels engaged in sanctions against violators of the legislation of the the harvesting (catch) of aquatic bioresources, Russian Federation on fishery and conservation processing and transportation of catches of aquatic of aquatic bioresources, which correspond to the bioresources, as well as the development of quotas level of violations and take into account the cost for the harvesting (catch) of aquatic bioresources of received catches of aquatic bioresources, the with the definition of the head interdepartmental repeatability of violations, as well as the amount of operator of the said system; damage caused to aquatic bioresources and their e) Introduction of the electronic vessel log and use habitat; of the enhanced qualified electronic signature by n) failure to provide state support measures to legal captains of fishing fleet vessels for the purpose entities and individual entrepreneurs engaged in of recording and transmission of information on illegal, unreported and unregulated fishing; fishing activities; o) improvement of the fishing fleet vessel registration f) installation of additional means of technical audio system; and video fixation, as well as means of remote access to the necessary information on the fishing p) define rules for handling confiscated vessels in fleet vessels; order to prevent their re-involvement in illegal, unreported and unregulated fishing; g) introduction of a system of documentary confirmation of the legality of origin of catches of q) systematic preventive measures to identify and aquatic bioresources imported into the Russian suppress the facts of illegal extraction (catch) of Federation; water bioresources in the inland waters of the Russian Federation, including inland waters of h) Establishing the possibility of entering Russian the Russian Federation, in the territorial sea of the seaports for vessels under the flag of a foreign Russian Federation, on the continental shelf of the country, which have documented the legality of Russian Federation, in the exclusive economic zone origin of catches of aquatic bioresources on their of the Russian Federation. board;

Analysis of the state of affairs with the implementation of the National Action Plan to Prevent, Limit and Eliminate IUU Russian Fishing of Aquatic 70 Biological Resources in the Atlantic and Pacific Oceans and the development of additional measures to prevent, contain and eliminate it Annex 2 Order of the Ministry of Agriculture of the Russian Federation dated February 18, 2014 No. 14-r «On approval of the list of measures to implement the national action plan to prevent, deter and eliminate illegal, unreported and unregulated fishing» (NOT VALID DOCUMENT)

Pursuant to clause 2 of the order of the Government of the Russian Federation of December 25, 2013 No. 2534-r: To approve the attached list of measures to implement the national action plan to prevent, deter and eliminate illegal, unreported and unregulated fishing.

Acting Minister I.E. Manylov

Application to the order of the Ministry of Agriculture of Russia from February 18, 2014 No. 14-r

List of measures for the implementation of the National Action Plan for the Prevention, Containment and Elimination of Illegal, Unreported and Unregulated Fishing № Name of the measure Develop and submit to the Government of the Russian Federation a draft federal law «On Amending Certain Legislative Acts of the Russian Federation to Regulate Acceptance, Transportation, Storage and Unloading of Catch of Aquatic Bioresources and Fish and Other Products Made from them by Vessels», which provides for the regulation of activities related to acceptance, transportation, storage and unloading: 1.1. issuance of permits for activities related to acceptance, transshipment, transportation, storage and landing of catches of aquatic bioresources caught (caught) in inland waters, territorial sea, continental shelf and exclusive economic zone of the Russian Federation, Caspian Sea (including lower reaches of inflowing rivers) and Azov Sea, in the areas of the international treaties of the Russian Federation in the field of fishery and conservation of aquatic bioresources according to the national 1 quotas of the Russian Federation, as well as fish and other products made by vessels from the catches of aquatic bioresources (acceptance and transportation operations) and establishment of the powers of the Government of the Russian Federation to determine the procedure for issuing such permits; 1.2. equipping of the vessels performing acceptance and transportation operations with technical control means ensuring automatic transfer of data about location of the vessel and establishment of authorities of the Ministry of Agriculture of Russia on determination of the order of such equipping; 1.3. provision of information on results of such activities by the courts performing acceptance and transport operations and establishment of powers of the Ministry of Agriculture of Russia to determine the procedure of provision of such information.

To develop and submit to the Government of the Russian Federation a draft regulatory legal act of the Government of the Russian Federation on the creation, on the basis of existing sectoral systems, of a unified system of control over the activities of vessels 2 fishing, processing and transporting aquatic biological resources, as well as over the development of quotas (shares of quotas) for harvesting (catch) aquatic biological resources.

Develop and submit to the Government of the Russian Federation a draft federal law on amendments to certain legislative acts of the Russian Federation aimed at: 3.1. Organization of monitoring of quality and safety of aquatic bioresources catches and establishment of authorities of the 3 Government of the Russian Federation on determination of the procedure of such monitoring; 3.2. Establishment of a system for tracking the origin of aquatic bioresources and fish and other products made from them at all stages of their movement.

Develop and submit to the Government of the Russian Federation a draft federal law «On introducing amendments to certain legislative acts of the Russian Federation aimed at improving state control (supervision) in the field of fisheries and conservation of aquatic bioresources, as well as strengthening criminal and administrative responsibility for violations in this area», which provides for: 4.1. determination of terms and conditions for issuance of permits for harvesting (catch) of aquatic bioresources in respect of vessels included in the list of vessels involved in illegal, unreported and unregulated fishing (hereinafter – IUU fishing) as well as those under management of a person deprived of the right to hold the position of captain and establishment of powers of the Government of the Russian Federation to determine the procedure for application of such terms and conditions; to ban the placement of the water intake facilities in the spawning and wintering grounds of aquatic biological resources and determine of the Russian Government power to develop the procedure for this ban application; 4.2. introduction of restrictions on sale of certain tools for harvesting (catch) of aquatic bioresources and establishment of 4 authorities of the Government of the Russian Federation on determination of the procedure for application of such restrictions; 4.3. increase in the amount of fines for violations in the field of fisheries and conservation of aquatic bioresources, including those relating to the toughening of criminal and administrative liability for violations of fishing rules by means of multiple indemnification of the damage caused; 4.4. introduction of administrative responsibility for failure to comply with the requirements for installation and operation of technical means of control providing automatic transfer of data about the location of the vessel; 4.5. introduction of responsibility for implementation of new technological processes that are not harmonized in the established procedure and affect the state of water bioresources and for violation of the regime of economic and other activities in fish protection and fish management reserve zones; 4.6. introduction of legal norms regulating the peculiarities of proceedings in cases of administrative offences in the absence of witnesses in remote areas.

To develop and submit to the Government of the Russian Federation a draft federal law «On Amendments to the Federal Law «On Fishing and Conservation of Aquatic Biological Resources», which provides for the establishment of rules for fishing on the high 5 seas in the areas of international treaties of the Russian Federation and administrative responsibility for violations of such rules, as well as the establishment of the authority of the Ministry of Agriculture of Russia to adopt such rules.

To analyze the compliance of Russian legislation in the field of counteracting IUU fishing with international treaties in this area and 6 the practice of counteracting IUU fishing, and submit to the Government of the Russian Federation proposals on the implementation of international law in Russian legislation and amendments to the National Plan for Counteracting IUU fishing and this List.

Develop and submit to the Government of the Russian Federation a draft federal law «On Amendments to the Merchant Shipping Code of the Russian Federation and other legislative acts of the Russian Federation», which provides: 7.1 establishment of prohibition to change registration of a vessel and/or a legal entity in order to evade responsibility for violation of Russian legislation or international obligations arising from Russian membership in international fishing organizations and authority of the Ministry of Transport of Russia to determine the procedure of such restriction; 7.2 registration in the State Maritime Register of Shipping only those fishing fleet vessels, in respect of which Rosrybolovstvo has the opportunity and the right to further issue fishing permits and the authority of the Ministry of Transport of Russia and the Ministry of Agriculture of Russia to determine the terms of such registration; 7.3 establishment of powers of the Ministry of Transport of Russia to determine the procedure of vessel chartering, which ensures the visibility of genuine persons or corporations interested in the vessel and excludes the possibility of such vessels' 7 participation in IUU fishing; 7.4 establishment of conditions under which access of foreign vessels to Russian ports for unloading of aquatic bioresources and products from them will be allowed only in case if the competent authorities have a real opportunity to carry out their inspections, as well as the authority of the Ministry of Transport of Russia on determination of the procedure of such conditions implementation; 7.5 establishment of conditions for registration of vessels, providing the possibility to request information about all states, in which this fishing vessel was registered earlier, including under any other names and explanations about the reasons of any frequent changes in registration of this vessel, as well as the powers of the Ministry of Transport of Russia to establish the order of implementation of such conditions; 7.6 Recycling of the vessels confiscated under the decisions of the vessels for participation in IUU fishing and establishment of the authority of the Government of the Russian Federation to determine the procedure for recycling of such vessels.

Analysis of the state of affairs with the implementation of the National Action Plan to Prevent, Limit and Eliminate IUU Russian Fishing of Aquatic 72 Biological Resources in the Atlantic and Pacific Oceans and the development of additional measures to prevent, contain and eliminate it № Name of the measure

To develop and submit to the Government of the Russian Federation the draft Federal Law «On Amendments to the Federal Law «On Fishing and Conservation of Aquatic Biological Resources» and other legislative acts of the Russian Federation, which provides: 8.1. forced termination of the right to extract (catch) water bioresources to legal entities and individual entrepreneurs participating in IUU fishing and establishment of the authority of the Government of the Russian Federation to determine the procedure and conditions for such termination; 8.2. suspension of fishing by legal entities and individual entrepreneurs participating in IUU fishing and establishment of powers of the Government of the Russian Federation to determine the order and conditions of such suspension; 8.3. early termination of agreements on fixing quotas for harvesting (catch) of aquatic bioresources, on providing fishing grounds and use of aquatic bioresources with users participating in IUU fishing and establishing the authority of the Government of the Russian Federation to determine the procedure and conditions for such termination of agreements; 8.4. possibility to deny the right to participate in auctions for sale of the right to conclude an agreement on fixing the quotas for harvesting (catch) of water bioresources, an agreement on the use of water bioresources to legal entities and individual entrepreneurs participating in IUU fishing, and to establish the authority of the Government of the Russian Federation to determine the conditions for such denial; 8.5. compensation for damage caused to aquatic bioresources by IUU fishing in the areas of international treaties in the field of fisheries and conservation of aquatic bioresources and establishment of the authority of the Government of the Russian Federation to determine the procedure for compensation for such damage; 8.6. maintenance and use of the National List of IUU fishing vessels and establishment of the authority of the Government of the Russian Federation to determine the procedure and conditions for including vessels in such list and excluding them from it, as well as the authority of the Ministry of Agriculture of Russia to determine the procedure for maintenance and use of such list; 8.7. possibility to seize and confiscate those catches of aquatic bioresources and products from them, in respect of which it was found during the inspection of the vessel that they were not included in the vessel's fishing documents and/or were not reflected in the vessel's daily reports; 8.8. establishment of a ban on certain fishing activities without direct permission of the Russian authorized bodies in any of the areas of harvesting (catch) under the sovereignty and jurisdiction of the Russian Federation, and for Russian fishing fleet vessels also in high seas areas; 8 8.9. Issue of permits for fishing in the sea only to those vessels, which have the Ship Sanitation Certificate for the right to sail, as well as establishment of the powers of the Government of the Russian Federation to determine the procedure of such condition implementation; 8.10. Issue of permits in respect of Russian vessels under lease only if there are appropriate guarantees ensuring payment by the user of water bioresources for the cost of the vessel and the water production (catch) instruments on the vessel, which in case of revealing the facts of IUU fishing by the vessel in accordance with the Russian legislation may be confiscated and establishment of the powers of the Government of the Russian Federation to determine the procedure of such guarantees; 8.11. the presence on board of fishing vessels that meet the established technical characteristics, regardless of their nationality and type of fishing, fishing at sea in areas of production (catch) under the sovereignty and jurisdiction of the Russian Federation, technical means of control, including audio and video recording, providing automatic transmission of data on the position of the vessel, as well as means of remote access to this information and the establishment of the powers of the Ministry of Agriculture of Russia to determine the procedure for equipping vessels with such technical means of control; 8.12. introduction of the obligation of users of aquatic bioresources to ensure, in cases determined by the Government of the Russian Federation, presence of an official of the authorized federal executive body during loading, unloading and transshipment of catches of aquatic bioresources and fish and other products made from them by their vessels in any areas of harvesting (catch) under the sovereignty and jurisdiction of the Russian Federation; 8.13. issuance of permits in respect of foreign vessels for loading, unloading and trans-shipment of catches of aquatic bioresources and their products in the areas of harvesting (catch) under the sovereignty and jurisdiction of the Russian Federation only with the vessels that have received the permit for receiving and transporting operations or in Russian ports and establishment of the authority of the Government of the Russian Federation to determine the procedure for implementation of such conditions; 8.14. introduction of a ban on loading, unloading and transshipment of catches of aquatic bioresources and fish and other products made from them to the areas of harvesting (catch) under the sovereignty and jurisdiction of the Russian Federation between vessels under the flags of states that have not concluded international agreements with the Russian Federation in the field of fisheries and conservation of aquatic bioresources, or between such vessels and Russian vessels, and establishment of the authority of the Government of the Russian Federation to determine the terms and conditions governing such activities. 8.15. Establishing the authority of the Government of the Russian Federation to determine the procedure for accounting and use of water bioresources mined (caught) as by-catch;

8.16. establishment of a ban on emission of any kinds of water bioresources extracted (caught) in the areas under the sovereignty and jurisdiction of the Russian Federation, and by Russian vessels and in the areas where international treaties of the Russian Federation apply, and liability for such emission; 8.17. establishment of a ban on import into the Russian Federation of catches of aquatic bioresources and products from them that are the result of IUU fishing, and any transactions with such products and liability for import into the Russian Federation and transactions with such catches and products from them; 8.18. establishment of a ban on production of types of products from catches of aquatic bioresources in the sea, in relation to which the coefficients and norms of recalculation of products from catches of aquatic bioresources into the volumes of those catches used for their production are not established; 8.19. expert assessment of quality and cost of catches of aquatic bioresources and products from them resulting from IUU fishing, and establishment of authorities of the Government of the Russian Federation to determine the procedure for such assessment and use of catches of aquatic bioresources and products from them resulting from IUU fishing; 8.20. documenting the legality of origin of catches of aquatic bioresources and fish and other products manufactured from them, imported into the territory of the Russian Federation and exported from the territory of the Russian Federation to foreign ports and establishing the authority of the Ministry of Agriculture of Russia to determine the procedure for issuing such documents; 8 8.21. sale of products from certain types of valuable aquatic biological resources if such products have documents confirming legality of their origin and establishment of authorities of the Government of the Russian Federation on determination of the list of such products and procedure of their sale; 8.22. implementation of veterinary control with regard to catches of aquatic bioresources and products made from them and establishment of authorities of the federal executive body on determination of the procedure for such control; 8.23. Suspension or annulment of the permission to engage and use foreign workers as a crew of a Russian fishing fleet vessel and establishment of the FMS of Russia authority to determine the order and conditions of suspension or annulment of such permissions; 8.24. refusal to issue or cancellation of a work permit to a foreign citizen or a person without citizenship to work as a crew member of a Russian fishing fleet vessel and establishment of powers of the FMS of Russia to determine the order and conditions of refusal to issue such permits or their cancellation; 8.25. maintenance of registers of water bodies of fishery significance based on the results of monitoring of their epizootic state and placement of data on official websites of monitoring of epizootic state of water bodies of fishery significance and establishment of powers of Rosrybolovstvo to establish the procedure for maintenance of such registers and placement of the above information on official websites.

Develop and submit to the Government of the Russian Federation a draft federal law «On Amendments to Certain Legislative Acts of the Russian Federation», which provides: 9.1. attribute fishing activities that undermine the effectiveness of measures for conservation and management of aquatic bioresources taken by international fisheries management organizations of which the Russian Federation is a member to the violation of Russian Federation legislation and establish liability for such violations; 9.2. establishing the liability of citizens of the Russian Federation who, by themselves or as a partner, agent or employee of another person, unload, import, export, transport, sell, receive, purchase or buy, or induce or permit persons acting on their behalf to use the fishing vessel to unload, import, export, transport, sell, receive, acquire or buy any aquatic bioresources caught, owned, transported or sold in a manner that undermines the effectiveness of conservation and management measures taken by international fisheries management organizations of which the Russian Federation is a member; 9 9.3. establishment of liability of citizens of the Russian Federation irrespective of their official position on a vessel engaged in fishing, which undermines the effectiveness of measures for conservation and management of aquatic bioresources adopted by international fisheries management organizations of which the Russian Federation is a member; 9.4. establishment of liability in cases where IUU fishing has restricted aquatic bioresources in their natural habitat but has preserved their vital functions, except for aquaculture facilities; 9.5. establishment of liability for violation of the order and conditions of acceptance and transportation operations at sea; 9.6. establishing responsibility for discarding catches of aquatic bioresources and products from them and/or instruments of harvesting (catch) of aquatic bioresources overboard a vessel in the course of its prosecution; 9.7. establishment of equal responsibility for illegal harvesting (catch) of water bioresources that are objects of the continental shelf of the Russian Federation on the continental shelf within the borders of the territorial sea and the exclusive economic zone of the Russian Federation.

Analysis of the state of affairs with the implementation of the National Action Plan to Prevent, Limit and Eliminate IUU Russian Fishing of Aquatic 74 Biological Resources in the Atlantic and Pacific Oceans and the development of additional measures to prevent, contain and eliminate it № Name of the measure

To develop and submit to the Government of the Russian Federation a draft regulatory legal act of the Government of the Russian Federation providing for: 10.1. auditing the accounting of small size vessels that are used or can be used for fishing; 10 10.2. development of a set of measures aimed at toughening of requirements to registration of small size vessels, including «bayda» type vessels and other vessels used in inland waters, according to their design features, norms of provision and technical requirements to passenger capacity, cargo capacity, power limit and number of engines, permissible navigation area, possibility to be equipped with rescue, communication and location means.

Develop and submit to the Government of the Russian Federation a draft regulatory legal act of the Government of the Russian Federation aimed at improving the procedure for issuing, registering, suspending and canceling fishing permits and providing for: 11.1. establishment of a ban on issuance of permits for harvesting (catch) in case of unpaid fines and claims for compensation of 11 damages caused to aquatic bioresources imposed on the captain of a vessel or vessel owner; 11.2. Suspension and cancellation of the fishing permit for vessels participating in IUU fishing; 11.3. definition as a condition of issuing permits for harvesting (catch) of aquatic bioresources the availability of instruments for harvesting (catch) of aquatic bioresources on the vessel that meet the established standards and technical norms.

Develop and submit to the Government of the Russian Federation the draft Federal Law «On Amendments to the Federal Law «On Fishing and Conservation of Aquatic Biological Resources», which provides for the establishment of the authority of the Federal 12 Fisheries Agency to create a register of fishing fleet ships, as well as the Ministry of Agriculture of Russia to determine the procedure for its maintenance and the procedure and conditions for inclusion in the register and exclusion from it of fishing fleet ships, ensuring further implementation of the register in the international register of fishing vessels.

Develop and submit to the Government of the Russian Federation a draft regulatory legal act of the Government of the Russian 13 Federation aimed at organizing the implementation of the Agreement on Port State Measures to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing adopted by FAO on 22 November 2009.

Develop and submit to the Government of the Russian Federation a draft regulatory legal act of the Government of the Russian 14 Federation on development of a set of measures aimed at reduction of excess fishing capacity, including reduction of subsidies and economic incentives for individual entrepreneurs and legal entities.

Develop and submit to the Government of the Russian Federation a draft regulatory legal act of the Government of the Russian Federation that establishes the availability of relevant documents confirming the legality of their origin as a condition for selling 15 catches of certain types of valuable aquatic biological resources and products from them, as well as a list of such aquatic biological resources and products from them.

Develop and submit to the Government of the Russian Federation a draft regulatory legal act of the Government of the Russian 16 Federation, which establishes the criteria for assessing the effectiveness of the federal executive authorities to combat IUU fishing.

To develop and submit to the Government of the Russian Federation a draft regulatory legal act of the Government of the Russian Federation establishing the rules for keeping the electronic vessel log, as well as the procedure for using the reinforced qualified 17 electronic signature of captains of fishing vessels to record and transfer information about fishing activities in the transmission of daily vessel reports.

Within the framework of interagency cooperation: 18.1. annually plan and conduct targeted operational and preventive measures and operations to identify and suppress the facts of illegal harvesting (catch) of aquatic biological resources in internal waters, internal sea waters, territorial sea, exclusive 18 economic zone, on the continental shelf of the Russian Federation, as well as in the Caspian and The Azov seas. 18.2. Establish an interdepartmental working group to monitor illegal, unreported and unregulated fishing and to conserve aquatic biological resources with respect to currency-intensive aquatic bioresources in the Far Eastern fishing basin.

Prepare and submit to the Government of the Russian Federation drafts of regulatory legal acts of the Government of the Russian Federation establishing: 19.1. procedure of issuing permits for activities related to acceptance, transshipment, transportation, storage and unloading of catches of aquatic bioresources caught in inland waters, territorial sea, continental shelf and exclusive economic zone of the 19 Russian Federation, in the Caspian and Azov Seas, in the areas of international treaties of the Russian Federation in the field of fisheries and conservation of aquatic bioresources according to national quotas of the Russian Federation, as well as fish and other products made by vessels from such catching activities; 19.2. procedure for establishing fishing restrictions in an expeditious manner; 19.3. procedure for monitoring the quality and safety of catches of aquatic bioresources;

19.4. procedure for issuing permits for harvesting (catch) of aquatic bioresources in respect of vessels included in the list of vessels participating in IUU fishing, as well as of a person under management who is deprived of the right to hold the position of captain; 19.5. procedure for establishing a ban on placing water intake facilities in places of spawning and wintering of water bioresources; 19.6. the procedure for realization of individual instruments of harvesting (catching) of water bioresources; 19.7. procedure for disposal of vessels confiscated under the decisions of the vessels for participation in IUU fishing; 19.8. procedure for compulsory termination of the right to extract (catch) water bioresources to legal entities and individual entrepreneurs involved in IUU fishing; 19.9. procedure for suspension of fishing for legal entities and individual entrepreneurs involved in IUU fishing; 19.10. procedure for early termination of agreements on fixing quotas for harvesting (catch) of water bioresources, agreements on providing fishing grounds and agreements on using water bioresources with users participating in IUU fishing; 19.11. the procedure for denial of the right to participate in auctions for the sale of quota shares in the total volume of quotas for the harvesting (catch) of water bioresources for industrial fishing to legal entities and individual entrepreneurs participating in IUU fishing; 19.12. procedure for compensation of damage caused to aquatic bioresources by IUU fishing in the areas of international treaties in the field of fisheries and conservation of aquatic bioresources; 19.13. procedure for including vessels in the National IUU fishing vessel list and excluding them from it; 19 19.14. the procedure for issuing permits for fishing at sea, which provides for the issuance of permits only to those vessels that have a ship's sanitation certificate for the right to navigate; 19.15. the procedure for provision of guarantees by Russian vessels fishing on the basis of lease agreements providing for payment by the user of aquatic bioresources for the cost of the vessel and the instruments of harvesting (catch) of aquatic bioresources on the vessel, which in case of revealing the facts of IUU fishing by the vessel in accordance with the Russian legislation may be confiscated; 19.16. the procedure for issuing permits for receiving and transporting operations to foreign vessels ensuring their loading, unloading and transshipment of catches of aquatic bioresources and their products in the areas of harvesting (catch) under the sovereignty and jurisdiction of the Russian Federation only with vessels that have received a permit for receiving and transporting operations or in Russian ports; 19.17. procedure for loading, unloading and transshipment of catches of aquatic bioresources and fish and other products made from them to fishing areas under the sovereignty and jurisdiction of the Russian Federation, which provides for prohibition of such operations between vessels flying the flags of states that have not concluded international agreements with the Russian Federation in the field of fisheries and conservation of aquatic bioresources, or between such vessels and permission to perform such operations only in Russian ports; 19.18. procedure for accounting and use of aquatic bioresources extracted (caught) as by-catch; 19.19. procedure for expert evaluation of quality and cost of catches of aquatic bioresources and their products resulting from IUU fishing and their use.

Accept normative legal acts of the federal executive bodies that determine: 20.1. the procedure of equipping the vessels performing acceptance and transport operations with technical control means ensuring automatic transfer of data about the vessel's location; 20.2. procedure for submission of information on results of acceptance, loading, unloading of catches of aquatic bioresources and fish and other products made from them by vessels performing acceptance and transportation operations; 20.3. fishing regulations for the areas of international agreements of the Russian Federation; 20.4. rules for registration of vessels in the State Maritime Register of Shipping, which establish: – prohibition to change the registration of a vessel and/or a legal entity in order to evade responsibility for violation of Rus- 20 sian legislation or international obligations arising out of Russia’s membership in international fisheries organizations; – possibility to register only those vessels of the fishing fleet, for which Rosrybolovstvo has the right to issue fishing permits in the future; – possibility to request from the shipowner information about all states in which the vessel was registered earlier, including under any other names and explanations about the reasons of any frequent changes in the registration of the vessel; 20.5. procedure for issuing permits for fishing (catch) to vessels that have applied for registration in the State Maritime Register of Shipping; 20.6. a procedure for chartering vessels, which ensures the visibility of the genuine persons or corporations interested in the vessel and excludes the possibility of such vessels’ participation in IUU fishing;

Analysis of the state of affairs with the implementation of the National Action Plan to Prevent, Limit and Eliminate IUU Russian Fishing of Aquatic 76 Biological Resources in the Atlantic and Pacific Oceans and the development of additional measures to prevent, contain and eliminate it № Name of the measure

20.7. the procedure of access of foreign vessels to Russian ports for unloading of aquatic bioresources and products from them, providing the possibility to obtain permission for such access only if the authorized bodies have a real possibility to carry out their inspections; 20.8. the procedure for maintaining and using the national list of IUU fishing vessels; 20.9. the procedure for equipping the technical means of control ensuring automatic transfer of location data, vessels meeting the established technical characteristics regardless of their nationality and type of fishing carried out at sea in the fishing areas under the sovereignty and jurisdiction of the Russian Federation; 20.10. the procedure for issuing documents confirming the legality of origin of catches of aquatic bioresources and fish and 20 other products thereof, imported into the territory of the Russian Federation and exported from the territory of the Russian Federation to foreign ports; 20.11. procedure for veterinary control over catches of aquatic bioresources and products from them; 20.12. the procedure for suspension or cancellation of a permit to engage and use foreign workers as a crew of a Russian fishing fleet vessel; 20.13. the procedure of refusal to issue or cancellation of a work permit to a foreign citizen or a stateless person to work as a crew of a Russian fishing vessel; 20.14. the procedure of maintenance of registers of water bodies of fishery significance and placement in the state fishery register of monitoring of epizootic state of water bodies of fishery significance.

Associations and unions of fishing organizations of the Russian Federation with the participation and in coordination with the Federal Fisheries Agency should recommend to consider at the meeting of the International Union of Fishermen (ICFA) the issue 21 of national associations of ICFA members with the governments of their states to work on the development and adoption of national plans to combat IUU fishing.

To submit to the Government of the Russian Federation proposals for the introduction of a list of legal entities and individual entrepreneurs who have committed violations of legislation on fisheries and conservation of aquatic biological resources, the guilt of 22 which has been proved and established by an enforceable court sentence («black list») and measures to encourage and encourage law-abiding fishermen.

In connection with the adoption of the order of the Government of the Russian Federation dated December 24, 2015 No. 2661-r on the approval of the list of measures for the implementation of the national action plan to prevent, deter and eliminate illegal, unreported and unregulated fishing

C A N C E L

Order of the Ministry of Agriculture of the Russian Federation dated February 18, 2014 No. 14-r “On approval of the list of measures to implement the national action plan to prevent, deter and eliminate illegal, unreported and unregulated fishing.”

Minister A.N. Tkachev

Analysis of the state of affairs with the implementation of the National Action Plan to Prevent, Limit and Eliminate IUU Russian Fishing of Aquatic 78 Biological Resources in the Atlantic and Pacific Oceans and the development of additional measures to prevent, contain and eliminate it Annex 4 Order of the Government of the Russian Federation of December 24, 2015 No. 2661-r «On the list of measures to implement the national action plan to prevent, deter and eliminate illegal, unreported and unregulated fishing»

1. To approve the attached list of measures to provided for in the list, and (if necessary) proposals implement the National Action Plan to prevent, for adjustment of the list. deter and eliminate illegal, unreported and unregulated fishing (hereinafter – the list). 4. To establish that the measures provided for in the list shall be carried out by interested federal 2. To establish that the implementation of the measures executive bodies and their territorial bodies within provided for in the list is aimed at achieving their the limits of the maximum number of employees of targets according to the Annex. these bodies established by the Government of the Russian Federation, as well as budget allocations 3. The Ministry of Agriculture of the Russian provided for in the federal budget for the next fiscal Federation shall annually, by March 15, submit to year and the planned period for management and the Government of the Russian Federation a report administration in the sphere of established powers on the progress of implementation of measures and functions.

List of measures to implement the national action plan to prevent, deter and eliminate illegal, unreported and unregulated fishing APPROVED by the order of the Government of the Russian Federation of December 24, 2015 No. 2661-r

Content of measure Type of Responsible executors Deadline for document the measure 1. Introduction of amendments to the legislation of the Russian Draft federal Ministry of Agriculture of Russia, FSB IV quarter Federation aimed at strengthening criminal and administrative law of Russia, Ministry of Internal Affairs 2016 responsibility for violations in the field of fisheries and conservation of of Russia, Ministry of Economic aquatic biological resources, including administrative responsibility for Development of Russia, other failure to comply with the requirements for installation and operation of interested federal executive authorities technical control equipment ensuring automatic transfer of information about the location of the vessel and for failure to submit ship daily reports or inclusion of information not corresponding to the indication in the ship daily reports.

2. Amendments to the legislation of the Russian Federation to improve Draft federal Ministry of Agriculture of Russia, IV quarter the system of state registration of fishing fleet vessels and their use for law Ministry of Economic Development 2017 fishing, limiting the possibility of state registration of vessels involved in of Russia, FSB of Russia, Ministry of illegal, unreported and unregulated fishing. Transport of Russia, other interested federal executive authorities

3. Establishment of the procedure for electronic interaction of citizens Draft federal Ministry of Agriculture of Russia, IV quarter and legal entities with the federal executive authority in the field of law Rosrybolovstvo, FSB of Russia, Ministry 2016 fisheries using special hardware and software and electronic signature of Economic Development of Russia, when obtaining permits for the harvesting (catch) of aquatic biological other interested federal executive resources and reporting on the activities of fishing fleet vessels and authorities organizations of the fishing complex

5. Development of international cooperation in combating illegal, report to the Rosrybolovstvo, other interested federal annually, until unreported and unregulated fishing and illegal turnover of catches of Ministry of executive bodies February 1 aquatic biological resources Agriculture of Russia

6. Organization of implementation of the Agreement on Port State Resolution Ministry of Agriculture of Russia, IV quarter Measures to Prevent, Deter and Eliminate Illegal, Unreported and of the Ministry of Economic Development of 2016 Unregulated Fishing of 22 November 2009 in terms of determining the Government Russia, FSB of Russia, other interested responsible federal executive authorities for its implementation of the federal executive authorities Russian Federation

7. Introduction of amendments to the legislation of the Russian Draft federal Ministry of Agriculture of Russia, III quarter Federation aimed at creating a system for tracing the origin of catches law Ministry of Economic Development 2016 of aquatic biological resources, including valuable and especially of Russia, other interested federal valuable aquatic biological resources, at all stages of their movement executive authorities

8. Implementation of measures to combat illegal, unreported and report to the Rosrybolovstvo together with annually, until unregulated fishing through the International Union of Fishery Ministry of organizations of fish industry complex February 1 Associations and other international organizations Agriculture of Russia

9. Carrying out operational and preventive measures, including report to the Russian Federal Security Service, annually, until within the framework of interdepartmental cooperation, to identify Ministry of Russian of Internal Affairs Ministry February 1 and suppress facts of illegal harvesting (catch) of aquatic biological Agriculture of resources in the inland waters of the Russian Federation, including Russia inland waters of the Russian Federation, in the territorial sea of the Russian Federation, in the exclusive economic zone of the Russian Federation, on the continental shelf of the Russian Federation, as well as in the Caspian and Azov Seas and their illegal movement across the customs border of the Russian Federation.

Analysis of the state of affairs with the implementation of the National Action Plan to Prevent, Limit and Eliminate IUU Russian Fishing of Aquatic 80 Biological Resources in the Atlantic and Pacific Oceans and the development of additional measures to prevent, contain and eliminate it Appendix to the order of the Government of the Russian Federation dated December 24, 2015 No. 2661-r Performance targets for measures to implement the national action plan to prevent, deter and eliminate illegal, unreported and unregulated fishing

Target indicator Timeline for Indicator (percent) achieving target indicators 1. Decrease in the number of violations of legislation on fishing and conservation of aquatic 2020 year 37,9 biological resources resulting in illegal, unreported and unregulated fishing by the level of 2014

2. State monitoring of Russian fishing fleet vessels activity 2020 year 100

3. Ensuring the fulfillment of the obligations of the Russian Federation under international 2020 year 100 agreements in the field of fisheries and conservation of aquatic biological resources in the part related to the control of Russian fishing fleet vessels activity

4. Automation of the processes of issuing and obtaining permits for the harvesting (catching) of 2020 year 100 aquatic biological resources, the provision and receipt of reliable reporting data of organizations of the fishery complex on the volumes of harvesting (catch) of aquatic biological resources and on the production of fish and other products from them

5. Confirmation of the legality of the origin of catches of aquatic biological resources and products 2020 year 100 from them, exported from the territory of the Russian Federation and imported into the territory of the Russian Federation

Decree of the President of the Russian Federation of Law “On Fishing and Conservation of Aquatic May 21, 2012 No. 636 “On the structure of federal Biological Resources” in connection with the executive bodies”. The Ministry of Agriculture of the improvement of the procedure for compensation Russian Federation has been delegated the functions for damage caused to aquatic biological resources”; of development and implementation of the state – Federal Law of May 1, 2019 No. 86-FZ “On policy and normative-legal regulation in the sphere of Amendments to the Federal Law” On Fishing and fishery, production activity on the vessels of the fishing Conservation of Aquatic Biological Resources fleet, protection, rational use, study, preservation, “in terms of improving the order of distribution reproduction of aquatic biological resources and their of quotas for the harvesting (catch) of aquatic habitat. biological resources”;

Within the framework of the powers established by the – 18 acts of the Government of the Russian Regulation on the Federal Fisheries Agency, approved Federation related to fisheries and conservation of by the Government of the Russian Federation on June aquatic biological resources and aquaculture (fish 11, 2008 No. 444, in 2019 Rosrybolovstvo carried out farming); regulatory activities to participate in the development – Resolution of the Government of the Russian of draft regulatory legal acts, including: Federation No. 98 dated 08.02.2019 “On – legal expertise was carried out of draft federal laws, Amendments to Resolution of the Government acts of the Government of the Russian Federation, of the Russian Federation No. 717 dated 14 July as well as draft regulatory legal acts developed by 2012”; the Ministry of Agriculture of Russia; – Decree of the Government of the Russian Federation – legal expertise, anticorruption expertise of draft of 23.02.2019 No. 190 “On Amendments to the regulatory legal acts developed by Rosrybolovstvo Rules for Registration, Issuance, Registration, was conducted, and conclusions were prepared on Suspension and Cancellation of permits for the results of anticorruption expertise of such draft harvesting (catch) of aquatic biological resources; acts; – Decree of the Government of the Russian Federation – work was carried out to select the regulatory legal of 18.04.2019 No. 466 “On Amendments to the acts of the Federal Fisheries Agency Resources Regulations of the Federal Fisheries Agency and Management for submission for state registration the Regulations on the Ministry of Agriculture of to the Ministry of Justice of the Russian Federation the Russian Federation; in accordance with the established procedure. – Decree of the Government of the Russian Federation In 2019, the following legal acts were adopted with the of 06.05.2019 No. 557 “On Amendments to the participation of Rosrybolovstvo: Regulations of the Federal Fisheries Agency and the Regulations on the Ministry of Agriculture of – Federal Law of 27 December 2019 No. 504-FZ the Russian Federation; “On Amendments to the Code of Administrative Offences of the Russian Federation”; – Decree of the Government of the Russian Federation of 28.08.2019 No. 1112 “On approval of requirements, – Federal Law of December 27, 2019 No. 502-FZ stipulated by Article 29.4 of the Federal Law “On “On Amendments to the Land Code of the Russian Fishing and Conservation of Aquatic Biological Federation and the Federal Law” On Aquaculture Resources”, to construction projects of objects on (Fish Farming) and on Amendments to Certain the territory of the Russian Federation, including Legislative Acts of the Russian Federation; terms of their implementation and approximate – Federal Law No. 243-FZ of July 26, 2019 “On cost, as well as to objects, construction of which is Amendments to Articles 13 and 53 of the Federal provided by such projects”;

Analysis of the state of affairs with the implementation of the National Action Plan to Prevent, Limit and Eliminate IUU Russian Fishing of Aquatic 82 Biological Resources in the Atlantic and Pacific Oceans and the development of additional measures to prevent, contain and eliminate it – Resolution of the Government of the Russian – Decree of the Government of the Russian Federation of 28.08.2019 No. 1113 “On electronic Federation of 23.11.2019 No. 1506 “On verification auction of the right to conclude an agreement on of conformity (non-conformity) of the projects fixing and granting a share of the quota of harvesting provided for in paragraph 1 of Article 29.4 of (catch) of crabs provided for investment purposes the Federal Law” On Fishing and conservation in the field of fisheries for industrial fishing and/or of aquatic biological resources, and objects, coastal fishing and conclusion of such an agreement”; construction of which is provided by such projects, the requirements to them, provided for in the – Resolution of the Government of the Russian agreement on fixing and providing a share of the Federation No. 1150 dd. 03.09.2019 “On quota of harvesting (catch) of crabs provided for peculiarities of providing a share of quotas for investment purposes in the field of fishing, for harvesting (catch) of water biological resources for industrial fishing and (or) coastal fishing”; investment purposes in 2019 and on introduction of amendments to some acts of the Government – Decree of the Government of the Russian of the Russian Federation on providing and fixing Federation of 28.08.2019 No. 1917-r “On approval quotas for harvesting (catch) of water biological of the list of types of crabs in certain areas of resources for investment purposes”; their harvesting (catch), in respect of which the right to extract (catch), as well as allocated a – Resolution of the Government of the Russian quota of harvesting (catch) of crabs provided for Federation No. 1224 of 20.09.2019 “On Amendments investment purposes in the field of fisheries for to the Regulation on the distribution of total industrial fishing and (or) coastal fisheries and on allowable catches of aquatic biological resources Amendments to the Government of the Russian in relation to types of quotas for their harvesting Federation of 20.04.2017 No. 764-r”; (catch)”; – Decree of the Government of the Russian – Decree of the Government of the Russian Federation Federation of 28.08.2019 No. 1918-r “On approval of 26.10.2019 No. 1380 “On the distribution of the of the List of objects, projects of construction volume of the part of the total allowable catch of of which should be implemented within the aquatic biological resources approved in relation framework of agreements on fixation and to the quota of harvesting (catch) of crabs provided provision of a share of quota of harvesting (catch) for investment purposes in the field of fisheries for of crabs, provided for investment purposes in the industrial fishing and (or) coastal fishing”; field of fisheries and establishment of the size and – Decree of the Government of the Russian Federation number of auction items for sale of the right to of 16.11.2019 No. 1462 “On the peculiarities of conclude these agreements”; turnover and application of gill networks in the – Order of the Government of the Russian Federation areas of the North, Siberia and the Far East of the No. 2300-r dated 07.10.2019 “On reorganization Russian Federation”; of FSUE National Fish Resources”; – Decree of the Government of the Russian Federation – Decree of the Government of the Russian of 20.11.2019 No. 1476 “On Amending Certain Acts Federation of 24.10.2019 No. 2513-r “On approval of the Government of the Russian Federation on of the list of areas of harvesting (catch) of aquatic recreational fishing”; biological resources”; – Decree of the Government of the Russian Federation – 43 normative legal acts of the Ministry of of 21.11.2019 No. 1482 “On approval of the Procedure Agriculture of Russia concerning the sphere of for accounting of net tools for harvesting (catch) fishery and conservation of aquatic biological of water bioresources and maintenance of the resources and aquaculture (fish farming). register of net tools for harvesting (catch) of water bioresources”; Also in 2019 Rosrybolovstvo adopted 20 normative – Resolution of the Government of the Russian legal acts – Rosrybolovstvo orders of normative Federation of 22.11.2019 No. 1492 “On Amending character. Certain Acts of the Government of the Russian Federation on the issue of granting and fixing quotas In 2019, Rosrybolovstvo carried out norm-setting of harvesting (catch) of water biological resources activities to participate in the development of draft for investment purposes”; regulations, including priority draft federal laws:

The report on the implementation of the Public Rosrybolovstvo also developed amendments to the Declaration of the goals and objectives of the Federal Administrative Regulations of the Federal Fisheries Fisheries Agency for 2019, approved by Order of the Agency on the provision of state services for the Federal Fisheries Agency of June 5, 2019 No. 273, registration, issuance and registration of export states the following, relating to control, surveillance permits and import permits, certificate for re-export and protective measures. and certificate for the introduction of sturgeon species and products from the sea, including caviar, as well In 2019, the Federal Fisheries Agency defined five as changes approved by Order of the Ministry of objectives of the agency for the current year, indicating Agriculture of Russia from August 25, 2015 No. 382 the mechanisms of achievement and expected results... (draft Regulations).

Goal No. 4. Introduce measures to protect the Russian The amendments made to the draft Regulation are sturgeon market and ensure the development of aimed at optimizing the list of documents required to domestic sturgeon aquaculture. obtain an export permit, reducing the time for issuing

Analysis of the state of affairs with the implementation of the National Action Plan to Prevent, Limit and Eliminate IUU Russian Fishing of Aquatic 84 Biological Resources in the Atlantic and Pacific Oceans and the development of additional measures to prevent, contain and eliminate it an export permit, and simplifying the export procedure Within the framework of execution of this item of for domestic products. the Plan it is provided formation of new structure of normative regulation in the field of federal state At present, the draft Regulation is undergoing internal control (supervision) in the field of fishery and coordination. conservation of aquatic bioresources and in the field of safety of commercial navigation in terms of Goal No. 5. Improvement of control and supervisory ensuring safety of navigation of fishing fleet vessels activities organization. in the fishing areas during fishing.

Mechanism of implementation: Rosrybolovstvo sent to the Depravo and Deprybhoz of the Ministry of Agriculture of Russia information Formation of the Action Plan for the introduction of (letter of Rosrybolovstvo dated July 23, 2019. No. changes in the current regulatory legal framework, 6655-PS/U02) on regulatory legal acts (group of providing for the cancellation of all regulatory legal acts acts) in the field of federal state control (supervision), from January 1, 2021, establishing the requirements, fisheries and conservation of aquatic bioresources compliance with which is subject to verification in the and safety of commercial navigation in terms of implementation of state control (supervision), and ensuring the safety of navigation of fishing fleet the introduction of new norms containing updated vessels in the fishing areas during fishing, subject to requirements, developed taking into account the risk- change in accordance with the form sent by the letter oriented approach and the current level of technological of the Government of the Russian Federation dated development in the relevant areas. July 9, 2019 № P36-37761.

Execution: Taking into account the proposals of Rosrybolovstvo the Ministry of Agriculture of Russia has prepared Taking into account the proposals of Rosrybolovstvo a new structure of normative regulation of federal and the Ministry of Agriculture of Russia the Action Plan state control (supervision) in the field of fisheries (“road map”) for the implementation of the mechanism and conservation of aquatic bioresources and safety of “regulatory guillotine” from May 29, 2019 No. 4714p- of commercial navigation of fishing fleet ships in the P36, which set the terms of amendments to the current fishing areas. regulatory framework in 2019-2020 (Plan). In accordance with the Action Plan and the letter Implementation of paragraphs 1, 2 of the Plan. of the Office of the Government of the Russian Formation of the new regulatory structure. Federation of August 7, 2019 No. P36-43975 Ministry of Agriculture of Russia August 28, Work on points 1, 2 of the Plan is completed. Draft 2019 with the participation of representatives of federal laws “On state control (supervision) and Rosrybolovstvo, Rosselkhoznadzor, expert and municipal control in the Russian Federation” and “On business community discussed the new structure of mandatory requirements” have been submitted to the legal regulation. Representatives of the expert and State Duma of the Federal Assembly of the Russian business community approved the new structure of Federation. regulatory legal regulation prepared by the Ministry of Agriculture and the Federal Fisheries Agency. Consideration of draft laws in the first reading is included by the decision of the State Duma in the On August 27 and 30, 2019 representatives of approximate program of documents review for the Rosrybolovstvo took part in the discussion of new spring session of 2020. regulatory structures developed by Rosprirodnadzor and Rosstandart in the sphere of the powers granted Implementation of paragraph 3 of the Plan. On to them, where proposals related to changes in the preparation of federal laws establishing mandatory structure of the normative regulation of federal state requirements in certain areas or amending the control (supervision) in the field of fisheries and legislation in order to systematize mandatory conservation of aquatic bioresources and safety of requirements and exclude the establishment of commercial navigation of fishing fleet ships in the exceptions to civil rights at the sublegislative level. fishing areas were not considered.

Analysis of the state of affairs with the implementation of the National Action Plan to Prevent, Limit and Eliminate IUU Russian Fishing of Aquatic Biological Resources in the Atlantic and Pacific Oceans and the development of additional measures to prevent, contain and eliminate it 85 Within the framework of the realization of Clause Execution of clause 4 of the Plan – On preparation 3 of the Plan, the Ministry of Agriculture of the of resolutions of the Government of the Russian Russian Federation received comments of the Federation, departmental normative legal acts, Analytical Center under the Government of the prepared in accordance with the list of normative legal Russian Federation (Letter of October 30, 2019 acts planned for adoption, specified in clause 3 of the No. 01-14/4295) and the Ministry of Justice of the Plan. Russian Federation (Letter of November 7, 2019 No. 13/140286-DN) on the new structure of normative Rosrybolovstvo has formed and sent to the Ministry regulation of the federal state control (supervision) of Agriculture a list of “Regulatory legal acts to be in the field of fisheries and conservation of aquatic cancelled within the framework of implementation bioresources and safety of commercial navigation of of the mechanism of “regulatory guillotine” and to fishing fleet ships in the fishing areas. be adopted in return in accordance with plans and schedules of development of draft regulatory legal acts” Federal Fisheries Agency has finalized the (see Appendix No. 1). substantiating materials for the new structure of normative regulation taking into account the Implementation of paragraph 5 of the Plan. Preparation comments of the Analytical Center under the and submission to the Government of the Russian Government of the Russian Federation and the Federation of decrees providing for the recognition of: the previously adopted normative legal acts of the Ministry of Justice of the Russian Federation, and Government of the Russian Federation have become also prepared the information on disagreement with expired since January 1, 2021, cancellation of normative a number of comments of these agencies, and sent a legal acts, as well as normative documents of federal letter dated November 19, 2019 No. 10592-MI/U02 executive bodies, recognition of normative legal acts of to the Ministry of Agriculture of Russia. the RSFSR as expired, recognition of normative legal acts of the USSR, containing mandatory requirements On December 4, 2019, December 24, 2019, January in the relevant sphere of regulation, that are not valid in 11, 2020 and February 11, 2020 the meetings of the Russian Federation. the working group on the implementation of the “regulatory guillotine” mechanism in the field of Rosrybolovstvo sent to the Depravo and Deprybhoz fisheries were held. The prepared regulatory projects of the Ministry of Agriculture of Russia proposals within the framework of paragraph 3 and paragraph for the recognition of several normative legal acts of 4 of the Plan implementation were considered and the USSR and the Ministry of Fisheries of the USSR, discussed. including the Decree of the Council of Ministers of the USSR dated September 15, 1958 No. 1045 “On the In most cases, the documents submitted to the reproduction and protection of fish stocks in inland working group received positive feedback from waters of the USSR” (letters of Rosrybolovstvo dated the business community and were approved by August 8, 2019 No. 7227-PS / U02, 21 August 2019 the protocol in accordance with the established No. 7655-MI / U02). procedure. At the same time, there were cases when by the decision of the working group, the documents Ministry of Agriculture of Russia has sent to were sent for consideration to a joint meeting with Rosrybolovstvo for approval finalized on the comments other groups (the group on veterinary medicine, of the Ministry of Economic Development of Russia, the group of the Ministry of Natural Resources of Ministry of Justice, Ministry of Transport, Ministry of Russia), as well as accepted by a majority vote, but Labor, as well as in accordance with paragraph 1 of the with a special opinion of part of the working group. instruction of the Government of the Russian Federation In particular, the draft resolution of the Government of September 11, 2019. No. DM-P36-7717 draft decree of the Russian Federation “On introducing changes of the Government of the Russian Federation “On into the Rules of registration, issuance, registration, the repeal of regulations and certain provisions of suspension and cancellation of permits for harvesting the regulatory legal acts of the Government of the (catch) of aquatic biological resources as well as Russian Federation, on the cancellation of certain acts changes in them” was considered with such remarks. of the federal executive bodies containing mandatory The next meeting of the working group is scheduled requirements, compliance with which is assessed when for March 13, 2020. carrying out control activities in all types of federal

Analysis of the state of affairs with the implementation of the National Action Plan to Prevent, Limit and Eliminate IUU Russian Fishing of Aquatic 86 Biological Resources in the Atlantic and Pacific Oceans and the development of additional measures to prevent, contain and eliminate it control (supervision) in the field of agriculture, Federal – from February 13, 1961, No. 127 “On granting the state control (supervision) in the field of fisheries and rights of a state farm to the Main Department of conservation of aquatic bioresources, state supervision the Far East Fishery Industry under the All-Union of commercial shipping in terms of safety of fishing Agricultural Academy” (JV RSFSR, 1961, No. 3, fleet ships in the fishing areas” (letter of the Ministry Art. 13); of Agriculture of Russia dated November 20, 2019. No. – from August 16, 1961 No. 1051 “About establishment SKh-14-27/16380). of norms of sprat catches on similar fishing vessels of fishing fleet, working in the area of Salyan raid of According to Clause 1 of the instructions of the the Caspian Sea”; Government of the Russian Federation of September 11, 2019 No. DM-P36-7717 preparation of a draft – from June 23, 1976 No. 352 “About regulation of decree of the Government of the Russian Federation, sport and amateur fishery in RSFSR”; providing for the recognition of expired or invalid on – from September 6, 1988 No. 369 “On organization the territory of the Russian Federation legal acts of of fisheries management in the RSFSR”; the USSR and the RSFSR, entrusted to the Ministry of Justice. – from February 20, 1989 No. 57 “On approval of the Regulations on the State Cooperative Association In this regard, the Ministry of Agriculture of Russia of Fisheries under the RSFSR Gosagroprom”. has excluded from the finalized draft resolution of the Government of the Russian Federation provisions From the draft Public Declaration of the goals and providing for the recognition of expired or invalid in objectives of the Federal Fisheries Agency in 2020 it is the territory of the Russian Federation legal acts of the worth paying attention to point 5: USSR and the RSFSR, Rosrybolovstvo agreed to this draft resolution (letter dated November 25, 2019 No. 5. Improving the efficiency of federal state control 10827-PS / U02). (supervision) in the field of fisheries and conservation of aquatic biological resources. By Resolution No. 7 of the Government of the Russian Federation dated January 13, 2020 “On Voidance of Includes: Certain Acts of the RSFSR and the Russian Federation – Large scale re-equipment of material and and Their Specific Provisions”, from February 1, 2020, technical base of the territorial departments of 1259 acts of the RSFSR and the Russian Federation Rosrybolovstvo, provision of the inspectors of fish and their specific provisions containing outdated protection with modern transport and floating regulation or having the status of “effective” but not equipment. applied in practice, adopted during the period from – Increase the coverage of water bodies of fishery 1917 to 2002, are recognized as invalid. significance by control and supervision activities in the established sphere of activity. Among other things, the resolutions of the Council of Ministers of the RSFSR were declared expired: – Ensuring efficiency of measures to protect water biological resources. – from October 18, 1958 No. 1190 “On reproduction and protection of fish stocks in inland waters of the Key objects of interaction: RSFSR”; The Ministry of Internal Affairs of Russia, FSB, Ministry – from January 31, 1959 No. 132 “About the order of of Economic Development, Ministry of Agriculture using the coastal strip for the needs of commercial of Russia, associations and public organizations of fishing” (SP RSFSR, 1959, No. 1, art. 9); fishing and aquaculture organizations. – from December 19, 1960 No. 1896 “On streamlining logging in the Sakhalin region on the banks of rivers, their tributaries and lakes, which are spawning places for salmon fish; – from December 31, 1960, No. 1966 “On Organization of State Veterinary Surveillance over Fishery Water Bodies of the RSFSR”;

1) Satellite locating and data collection system monitoring center, allowing it to work in a near Argos. real-time mode;

– Argos payload is installed on satellites of different The main disadvantages: operators and different countries, which significantly – the system is a foreign; reduces the Argos system’s dependence on possible – all data pass through foreign satellites, through problems of development of this or that space foreign earth stations of satellite data reception, program; through foreign information processing centers; – launches of new space-crafts are scheduled for 10 – Argos system has no Russian segment as it is not a years ahead, which provides prospects for further satellite communication system; development of the system; – Argos is not a real time system, there is some delay – The system has global coverage, the radio beacon between the time the radio beacon sends data and can transmit data to a remote user from any place the time the monitoring center receives this data; on the planet without any re-registration; – Polling is not possible (instantaneous determination – The system is able to determine the location of of vessel coordinates by request of the monitoring a moving object based on two different physical center). principles (navigation signals and the Doppler effect), which guarantees the accuracy of coordinates Main advantages: obtained by a remote user; it is the only system – Argos is an international system that does not in the world that provides high accuracy Doppler belong to any single state; decisions concerning coordinates; falsification of data within the the operation of the system are made jointly by Argos system is absolutely eliminated; representatives of France, the United States, the – Argos system provides regular (at least once an European Union and India; hour) receipt of data on the ship’s location to the – The system is designed to study and protect the monitoring centers; failure to receive the next environment; it is considered to be a scientific position in the monitoring center is an excuse to and environmental system rather than a strategic closely examine the ship’s trajectory; communication system; the operation of such a – At least 24 GPS positions per day are provided to system is least affected by political factors; the monitoring centers; the number of provided – Within the framework of contracts between FSBU positions depends on the geographic latitude; in the CSMS and CLS (Argos system operator), full northern latitudes more than one hundred positions confidentiality of data distribution is ensured; per day are provided, which allows to organize information on the location of Russian vessels is extremely detailed monitoring of the ship’s activity; provided exclusively to the Russian fishing fleet the cost of satellite services does not increase with monitoring centers; the increase in the number of provided positions; – The Argos system includes more than 60 ground – The radio beacons are equipped with tamper- stations of data reception, which significantly evident sensors and also transmit other service reduces the delay of data reception by the information to the monitoring centers, allowing

Analysis of the state of affairs with the implementation of the National Action Plan to Prevent, Limit and Eliminate IUU Russian Fishing of Aquatic 88 Biological Resources in the Atlantic and Pacific Oceans and the development of additional measures to prevent, contain and eliminate it remote assessment of technical parameters of the connect to the station an external computer and equipment operation; artificially set any trajectory of the vessel; as a result, the monitoring center will receive not the – The Argos system is characterized by extremely true coordinates of the vessel, but the information low power consumption; this allows the ship’s that is set by the crew of the vessel, thus, there radio beacon to continue to operate within three is a possibility of falsification of data monitoring days from the moment the vessel’s power supply system; is turned off, which is extremely important for improving the safety of navigation (the monitoring – When an Inmarsat station sends vessel location center can continue to monitor the vessel in case data, internal conflicts may arise due to the fact that of an emergency on board); in addition, it does not location information is of low priority compared to allow the vessel’s crews to temporarily turn off the other data sent by the station; in some cases, vessel radio beacon for illegal operations; position misses may occur; – At present, more than 950 Argos system beacons – Inmarsat stations operate from external power are installed on Russian fishing vessels, fully ready supply, data transfer is stopped when external for operation. power supply is turned off; this allows performing short-term illegal operations by turning off the 2) Satellite communication system Inmarsat power supply of the station; in addition, it does not (INMARSAT-C). allow the monitoring center to continue monitoring the vessel in case of emergency on board; Main disadvantages: – each position of the vessel is charged; if it is – the system is foreign; necessary to observe the vessel in high detail, the – all data passes through foreign satellites; cost of satellite services increases with the number of positions received by the monitoring center. – despite the presence of the Russian segment and Russian interface means, all data are also received Main advantages: by foreign base ground stations for receiving satellite data and remain at the disposal of the – The Inmarsat system has a Russian segment; foreign system operator; – Inmarsat is a real time system; – Inmarsat is a commercial strategic communications – polling is possible; system; the operation of such a system can be – the Inmarsat system provides regular receipt of heavily influenced by various political factors; data about the vessel’s location in the monitoring – Inmarsat is a closed system, however, data on the centers; location of vessels can be transferred not only to – the number of positions per day can be regulated monitoring centers, but also to third organizations by the monitoring centers. within the framework of existing agreements;

– all Inmarsat satellites belong to one operator, the 3) Satellite systems for automatic identification prospects for their operation depend on the success of vessels SAT-AIS. of the commercial operation of the system; – The Inmarsat system is based on geostationary Main disadvantages: satellites and does not cover northern latitudes; – the systems are foreign; the system is not global; – all data passes through foreign satellites, through – The system is capable of locating a moving foreign ground stations for receiving satellite data, object using a navigation receiver built into the through foreign information processing centers; Inmarsat vessel station or using an external – none of the SAT-AIS systems has a Russian segment, navigation receiver; the crew always has access since they are not satellite communication systems; to this equipment and can affect its operation; the availability of a port designed to supply – SAT-AIS systems are commercial; the operation of the Inmarsat station with coordinates from such systems may be significantly affected by all an external navigation receiver, allows you to kinds of sanctions and embargoes;

Analysis of the state of affairs with the implementation of the National Action Plan to Prevent, Limit and Eliminate IUU Russian Fishing of Aquatic Biological Resources in the Atlantic and Pacific Oceans and the development of additional measures to prevent, contain and eliminate it 89 – SAT-AIS are absolutely open systems; any legal beacon and the time of receiving these data by the entity or individual of any country can buy monitoring center; from SAT-AIS operator information about the – Polling is not possible. movements of any vessel equipped with AIS equipment; equipping Russian fishing vessels Main advantages: with AIS equipment and using this equipment in the course of fishing operations is equivalent to – there are several foreign SAT-AIS systems, which regular open publication in international press of significantly reduces the dependence of services full detailed information about the activities of the based on AIS data on possible problems in the Russian fishing fleet; development of a space program; – the system is able to determine the location of a – SAT-AIS systems have global coverage, the AIS moving object using an external navigation receiver; station can transmit data to a remote user from anywhere on the planet without any re-registration. the crew always has access to this equipment and can influence its functioning; the presence ofa 4) Satellite system of personal satellite port intended for supplying coordinates to the AIS communication and data transmission station from an external navigation receiver allows “Gonets”. connecting an external computer to the station and artificially setting any trajectory of the vessel’s Main disadvantages: movement; as a result, the monitoring center will receive not the true coordinates of the vessel, but – the prospects for the operation and further the information that is set by the crew of the vessel; development of the “Gonets” system depend on thus, there is a possibility of falsification of the data the stability of its state funding, since the sale of of the monitoring system; satellite services will not be able to recoup the costs of operating and maintaining the satellite – AIS stations function from external power supply, constellation; data transfer is stopped when external power supply is turned off; this allows performing short- – The system is able to determine the location of a term illegal operations by turning off the power moving object using a navigation receiver built supply to the station; in addition, it does not into the vessel’s terminal, or using an external allow to continue monitoring the vessel in case of navigation receiver; the crew always has access to emergency on board; this equipment and can affect its operation; thus, there is the possibility of falsification of monitoring – AIS vessel stations are designed not for system data; data transmission to satellites, but for local identification of a vessel in order to improve the – high power of messages emitted by the vessel’s safety of navigation; reception of information terminal does not allow to operate the device in transmitted by satellites is an additional service of autonomous mode for a long period of time; data operators of specialized space systems; satellites transmission stops when external power supply are able to receive not all the messages emitted is switched off; it allows to perform short-term by the vessel equipment; the success of receiving illegal operations by switching off the power of the AIS data on board the satellite depends on many station; besides, it does not allow the monitoring factors; for example, the probability of successful center to continue monitoring the vessel in case of data reception is lower the more vessels with AIS emergency on board; equipment are near the observed vessel; thus, the – “Gonets” is not a real-time system, there is some information about the location of the vessel comes delay between the time of sending data by the to the satellites irregularly, it is impossible to vessel terminal and the time of receiving these data forcefully set or accurately predict the number of by the monitoring center; positions per day, it is impossible to unambiguously – the small number of ground receiving stations detect the fact of shutdown of the AIS station during of the “Gonets” system and the absence of such illegal operations; stations outside the territory of the Russian – SAT-AIS are not real time systems, there is a Federation result in low speed of data delivery to delay between the time of sending data by radio the commercial fleet monitoring centers;

Analysis of the state of affairs with the implementation of the National Action Plan to Prevent, Limit and Eliminate IUU Russian Fishing of Aquatic 90 Biological Resources in the Atlantic and Pacific Oceans and the development of additional measures to prevent, contain and eliminate it – polling is not possible; – all data circulating within the “Gonets” system are inaccessible to foreign countries; thus, full – At the moment there is not a single terminal of confidentiality of data on the location of Russian “Gonets” system designed to monitor the fishing vessels is ensured; fleet; development, full-scale testing, ensuring high quality of operation and the necessary level – the system has a global coverage; the vessel of reliability of ship equipment of “Gonets” system terminal can transmit data to a remote user from will require significant time and financial costs. any place on the planet without any re-registration; – “Gonets” system is able to provide regular receipt Main advantages: of data on the location of the ship to the monitoring – “Gonets” is a Russian system, all data are centers; failure to receive the next position in transmitted exclusively through Russian spacecraft, the monitoring center is an occasion for close Russian satellite data reception stations, Russian examination of the vessel’s trajectory; data processing centers; full independence of – the number of positions per day can be fishing fleet monitoring from foreign countries is regulated by the monitoring centers. ensured;

Characteristic Argos Inmarsat SAT-AIS «Gonets»

Inaccessibility of data for foreign organizations – – – +

Availability of the Russian segment of the system – + – +

Transfer of all data exclusively through the Russian gateway – – – + station

Privacy of data + + – +

Global coverage + – + +

Regular data flow + + – +

Impossibility of falsification + – – –

Built-in battery operation for increased safety of navigation + – – –

Possibility of detecting short-term power outages of + – – – a technical control device (TCD or TSK in Russian)

Real time mode – + – –

Polling – + – –

Availability of reliable ship equipment + + + –

1. Present Statement establishes the legal status and 7. The legal status of observers in commercial fishing rules for ensuring the activities of observers in is determined by the legislation of the Russian commercial fishing directed to Russian and foreign Federation, the legislation of the constituent fishing vessels. entities of the Russian Federation, international treaties of the Russian Federation, present 2. Vessels to which observers are directed in Statement and adopted in accordance with it acts commercial fishing include: of federal executive bodies and executive bodies of the constituent entities of the Russian Federation. 2.1. Russian and foreign fishing vessels involved in fishing in the exclusive economic zone of the 8. Observers in commercial fisheries have a Russian Federation (EEZ RF); certificate, a badge and a round stamp indicating 2.2. Russian fishing vessels fishing in the their status. exclusive economic zone of other states, on the high seas, not related to fishing areas 9. The functions of an observer in commercial fishery regulated by subregional and regional are to observe compliance with the legislation by fisheries organizations, which according commercial fishing entities, as well as collect other to the international treaties of the Russian data for scientific and control purposes. Federation, do not have on board observers of coastal states or international observers 10. Other functions of the observer and the procedure of subregional or regional fisheries for their operation are determined by his mission, organizations; as well as internal acts of the organization that 2.3. In accordance with the procedures adopted by appointed the observer. subregional and regional fisheries management 11. Observers in commercial fisheries are empowered: organizations – vessels involved in fishery in the areas of operation of subregional and 11.1. at any time to get acquainted with any ship regional fisheries management organizations; documents, as well as with a permit (license) for the harvesting (catch) of aquatic biological 2.4. Research vessels. resources, a fishing log, nautical charts of 3. Present Statement is binding on owners (charterers) permitted fishing areas and other production of ships falling under its action. documents 11.2. to inspect the ship’s markings, fishing 4. Present Statement shall not extend to fishing equipment, fishing equipment markings; vessels fishing on the basis of agreements excluding 11.3. to gain access to premises related to fishing the admission of Russian observers in commercial activities, storage facilities for catch and fishing on board. processed products, radio rooms; 5. Relations in the field of fishing for research 11.4. to use at least two times (sessions, technical and control purposes are not the subject of this cycles) per day on-board equipment for Statement. solving observer’s tasks in commercial fishing, without interfering with navigation 6. Observer in commercial fishing – a citizen of the and fishing operations, including a satellite Russian Federation, specially trained, certified and positioning system, navigation detection appointed on board a fishing vessel for observation equipment, radio equipment and other of catch of aquatic biological resources. technical devices;

Analysis of the state of affairs with the implementation of the National Action Plan to Prevent, Limit and Eliminate IUU Russian Fishing of Aquatic 92 Biological Resources in the Atlantic and Pacific Oceans and the development of additional measures to prevent, contain and eliminate it 11.5. to carry out operations for the selection of for which realization is assigned to him by the biological samples for scientific and control sending organization. purposes; 15. For the observers in the commercial fishery the 11.6. to collect objects of aquatic biological regime of work and rest is established, as for the resources from their natural habitat crew members taking into account the regime of using permitted non-commercial tools in work and rest in the organization that sent the accordance with the established procedure; observer, as well as the days of rest that apply to 11.7. to use own equipment any time, carry the crew members according to the legislation of out measurements, analytical tests, the ship’s flag state. photographic and video filming to illustrate the observations made on board; 16. The captain of the vessel (owner, charterer, host 11.8. to go ashore or board other fishing vessels member-country of a sub-regional, regional upon agreement with the captain of the fisheries management organization) shall provide vessel for a period agreed with him; to observers in the commercial fishery: 11.9. sea protest, when the vessel is held, 16.1. living conditions at the level of the highest voluntarily stays in the port of the flag state command staff (expedition leadership) and or another state; costs associated with their stay on board the vessel, including accommodation, medical 11.10. to draw up and sign acts to certify that the care (medical service), food; activities of the fishing vessel do not comply in accordance with the regulations 16.2. working conditions and full cooperation of the ship’s crew; 11.11. to make proposals to the relevant control and auditing bodies on the imposition 16.3. safety and well-being in the performance of a penalty on officials who have caused of their duties, during boarding and property damage to the state, fisheries and disembarking; other enterprises and organizations by their 16.4. protection of their honor and dignity; improper actions or management; 16.5. providing any information related to fishing 11.12. other rights in accordance with current on the vessel; legislation and agreement. 16.6. delivery from the shore to the vessel and back, if landing (disembarkation) is not in the port; 12. The observer in commercial fishing may exercise the rights of other officials (inspector 16.7. change (replacement) of trains in case of of fish protection, etc.), being endowed with the urgent need for observers in commercial appropriate powers. fishing, who need to disembark due to health or other weighty reasons. 13. The observer in the commercial fishery shall bear the obligations established by the current 17. The status of observers in commercial fishery is legislation, present Regulation, internal acts of granted to persons who have scientific degrees in the organization that appointed the observer, the biological, geographical, legal sciences or higher order of appointment to the vessel, the voyage education and work experience in their relevant assignment, the agreement. specialty for at least six years, and in exceptional cases for at least three years. 14. The observer in commercial fishery is obliged to acquaint the captain of a vessel with his voyage 18. Presence at the citizen of necessary professional task and research program, to agree a schedule knowledge, skills and personal qualities for and a mode of carrying out of works, and also realization of function of the observer in to have with him a certificate, passport (foreign commercial fishery is defined during single passport), a copy of the order on assignment certification by the pool certification commission, to a vessel, other documents connected with and results of certification are confirmed by the assignment, functions and tasks, responsibility higher certification commission of the System.

Analysis of the state of affairs with the implementation of the National Action Plan to Prevent, Limit and Eliminate IUU Russian Fishing of Aquatic 94 Biological Resources in the Atlantic and Pacific Oceans and the development of additional measures to prevent, contain and eliminate it Annex 8

Appendix 1 North-Eastern Territorial Administration Federal Fisheries Agency, To acting head Kapelyukh I. Ya.

On amendments to the draft order

“On the organization of the work of scientific observers ...”

Dear Igor Yaroslavovich!

In response to your letter No. 13-09 / 2493 dated 05/31/2010, we inform you that FGU Sevvostrybvod, having considered the draft order of the Federal Fisheries Agency “On organizing the work of scientific observers collecting information on the state of aquatic biological resources and their habitat on ships of the fishing fleet and in coastal fishing brigades “, makes the following suggestions and comments.

Appendix: on 3 pages in 1 copy.

Head of the Institution V.G. Gorlov

Performer Nagornova E.A.

Tel. 30-04-14.

dated ______

No. ____

All long-term practice of fishing for aquatic biological conditions, it is necessary to develop and implement resources (ABR), both domestic and international, the Instruction on organization of observation of dictates the need for the official establishment and compliance with the current Fishing Rules. operation of the Institute of Scientific Observers for WBR fishing on fishing vessels, coastal fishing The areas (subzones) of the observers’ actions shall and / or fish processing enterprises (including teams be selected in such a way that the necessary level of stationary nets, fishing areas, etc. – hereinafter of accuracy of catch accounting and accidental “onshore enterprises”). It is known that many states (unavoidable as a result of the fishing process) death officially have such services (the ABR Fishing Observer of animals as a result of fishing operations shall be Institute). In ABR fisheries in Russian water bodies, observed at each method and object of fishing. there is also the practice of observers, but it has not official legal status. With the modern development of Observers must be given the authority and be given harvesting (catch) of aquatic bioresources and their the opportunity and resources to calculate the number current state, it became obvious that there is an urgent of fishing operations (catches) made by the fishing need to have observers in ABR fisheries. fleet and the share in the total catch of each particular vessel. The obligation to inform the observer about State services designed to ensure the safety of the number of attempts at fishing operations (catch) aquatic biological resources should work together to should be the responsibility of ABR users. ensure that the adopted legislative acts and activities promoted conservation of aquatic biological resources, It is necessary to establish by law that the heads without interfering with the collection of information of the ABR Basin Fisheries and Conservation on fishing within the framework of the control, Administrations, scientific program managers organization (regulation) of fishing and monitoring it. (through TINRO) and/or their representatives have the authority and capacity to place observers at their State policy and legislative acts often allow for discretion, which is necessary to collect accurate ambiguous interpretation of some of their definitions information. and notions, provisions, paragraphs and wording. It is necessary to develop certain standards that should Discrimination on the basis of sex, age, nationality, be followed by all users of ABR and authorized state religion or ethnic race is not acceptable either when controlling and supervising bodies, regardless of observers are received on board a fishing vessel or in a whether the work is carried out on a contractual basis coastal enterprise, or when they are accommodated at or it is carried out by public service personnel. The State named ABR fishing sites to collect information related Environmental Protection Service responsible for the to ABR fisheries. conservation of aquatic bioresources and their habitats should take guidance for the development of clear The functioning of ABR fisheries observers is designed legislative requirements and minimum standards for to contribute to the conservation of the ABR and its control and surveillance purposes. In accordance with habitat. To this end, the observers must monitor the requirements of current environmental legislation, compliance with current environmental legislation; to the main objectives of control and monitoring of ABR ensure rational use of aquatic bioresources, they must use should be reviewed and adjusted accordingly. monitor the ABR and their habitats and promptly regulate their fisheries. The organization, regulation and control of fishing requires that the observers who collect information Scientific observers in the ABR fisheries should be about the ABR and their environment have special experienced, well-trained specialists: training and experience and have the necessary – in the field of fishery: know the basics of industrial minimum personal qualities. To ensure such fishing, navigational business, ichthyology, the

Analysis of the state of affairs with the implementation of the National Action Plan to Prevent, Limit and Eliminate IUU Russian Fishing of Aquatic 96 Biological Resources in the Atlantic and Pacific Oceans and the development of additional measures to prevent, contain and eliminate it basics of industrial fish processing technology – will, if necessary, directly contact experienced (processing of caught raw material to produce observers or program managers and/or their finished products); representatives in making the final decision on – Have a number of necessary qualities: literacy, boarding in adverse weather conditions. sociability, psychological endurance, politeness, moral stability, as well as no bad habits. Conditions and Instructions should be formulated to provide appropriate insurance coverage for observers, Requirements for observers to “pay attention to who should provide specific explanations on the control of compliance with the current Fishing Rules” content of such insurance. may create difficulties for them in collecting the information necessary to monitor the ABR condition The Regulation on Observers should contain clear and, in honesty, to assess the situation that has arisen explanations of the legality of the observers’ actions in the course of the fishing process and may affect the and guarantees for them in their assistance in ABR attitude towards the observer on board the fishing catch operations and in case of possible situations in the vessel at the onshore enterprise. course of fishing, when it is necessary for the observer to intervene (consultation on the requirements and Fishing managers do not facilitate or in other cases provisions of the current environmental legislation, interfere with the successful performance of the resolution and/or prevention of conflict situations functions of the observer to collect the necessary between the observer’s base vessel and other vessels, fishing information, do not create the minimum provision of other assistance that contributes to the necessary conditions for the performance of the tasks conservation of the UBD and the environment). assigned to the observer, disregarding the importance of the functions performed by the observer, the value The Regulation on Observers shall contain guidelines of the information collected by the observer in the for observers to assist them in identifying behavior in ABR fishery, without taking into account its workload situations that might be considered to be abusive or or funding limitations. interfering with the affairs of the observers, and which shall provide the observers with guidance on the steps It is necessary to take this problem into account, to be taken in such situations and shall correctly assess for which purpose it is necessary to work out the all the consequences, in accordance with applicable instruction clearly defining the priority duties of law, of such actions by the master or the ship’s crew the observer within the framework of his tasks and towards the observer. activities in the ABR fishery, taking into account the requirements of the current environmental legislation, It is necessary to elaborate general (standard) as well as the responsibility imposed in this connection conditions according to which three-party contracts on the managers of the fishing industry. should be concluded with the participation of the ABR Basin Fisheries and Conservation Authority, the In order to ensure the safety of observers, it is observers and the fish companies whose activities will necessary to legislatively enact Instructions, which be the subject of the observation. would necessarily determine that the observers: These terms and conditions shall be defined specifically – must be sufficiently competent, their health and for each vessel in each specific fishing area (subzone). physical shape must be sufficient to ensure their At the same time, it is necessary to develop Guidelines safety and satisfactory performance of their on Observation Conditions regarding the application duties; of current legislation on the compensation of observers – will receive special training to enable them to working with foreign fishing fleets. successfully perform their duties while ensuring that the conditions for their full safety are met; Guidelines and standards should be developed for – will be equipped with special security features and all aspects of observation tasks and conditions. An undergo special training on their use (emergency observer training program should include several key floating suit, signal fire, communication equipment, components: etc.); – the observers should receive appropriate training – will attend general maritime training and basic to study current environmental legislation; safety of navigation on fishing vessels; – responsibility of bodies that appoint observers;

Analysis of the state of affairs with the implementation of the National Action Plan to Prevent, Limit and Eliminate IUU Russian Fishing of Aquatic 98 Biological Resources in the Atlantic and Pacific Oceans and the development of additional measures to prevent, contain and eliminate it Draft Model Regulations on Scientific Observers in the ABR Fishery

1. Russian observers of up to 2 people should be – to monitor the clear and trouble-free operation present at fishing sites (fishing boats, coastal of the satellite monitoring system and prevent enterprises, brigades of stationary nets, fishing any unauthorized interference in its operation areas, etc.) that have received fishing permits in the (for fishing vessels); economic zone of Russia, internal waters, territorial – if the observer detects any violation of applicable sea and continental shelf during the work period. environmental legislation and/or fishing conditions, the observer shall: 2. Landing and disembarkation of observers shall be a) take urgent measures to stop it and prevent carried out from the board of the fish protection the resulting ABR damage (if any); vessel, frontier vessel or auxiliary vessel in the control points or in the area of fishing, or in the b) document the fact of the revealed violation, port of base or home port of the vessel. collect supporting evidence and evidence; c) bring the fact of the revealed violation to 3. The decision on landing of observers on a fishing the attention of the management in the vessel, business trip to a coastal enterprise, established order; etc. is made by the management of the Basin d) not to give reasons to weaken the legal Fisheries and Conservation Department of the requirements to ABR users and in any way ABR and is timely brought to the attention of the prevent such attempts by users. corresponding user of aquatic biological resources (ABR), with which the time and place of arrival of 5. While the observer is at the supervised object observers, the duration of fishing time within the (fishing vessels, coastal enterprises, brigades of fishing areas and the period of observers’ stay, stationery nets, etc.), observers have the right: as well as the conditions of observers’ stay at the – keep a record of quota selection object under review are agreed. (if these have not – take samples from the catch for biological been previously established legally). analysis;

4. An observer at an object entrusted to him for – to monitor the implementation of ABR supervision (a fishing vessel, a shoreline enterprise, conservation measures and other provisions brigades of stationary nets, a fishing area, etc.) and conditions established by the current must perform the following functions: environmental legislation of the Russian Federation, and the rules relating to fishing in – to ensure that the object entrusted to him for the economic zone of Russia, territorial sea and supervision is fishing strictly within the terms internal waters. and conditions of the license (Permits, fishing ticket) issued to this object by the territorial 6. Administration of a fishing vessel, coastal enterprise, administration of Rosrybolovstvo; fishing area, brigade, etc.: – to ensure the proper use of fishing gear – provides, at the request of observers, any permitted for fishing; information related to the conduct of the ABR – carefully collect reliable catch data for each fishery, as well as, if necessary, conditions for fishing effort by species composition, size range, obtaining biological analyzes of catches; percentage ratio of young by-catch and objects – ensures unhindered visits and inspection by not named in the license (Permit, Fishing observers of ship and other premises related to Ticket) to the main object of specialized fishing; the fishery; – to ensure the correct use of captured ABR – provides living conditions for observers at the facilities, in accordance with the requirements level of senior command personnel of a vessel of the current environmental legislation; or a fishing facility (including accommodation, – to ensure that all parameters of the fishing medical care, meals); process provided for by the current legislation – creates conditions for observers to maintain are correctly reflected in the regulated radiotelephone communication with fish documentation;

Analysis of the state of affairs with the implementation of the National Action Plan to Prevent, Limit and Eliminate IUU Russian Fishing of Aquatic 100 Biological Resources in the Atlantic and Pacific Oceans and the development of additional measures to prevent, contain and eliminate it Annex 9 Activities of RFMOs (Regional Fisheries Management Organizations) and international fishery cooperation of the Russian Federation

After the establishment of 200-mile exclusive economic regional organizations for the conservation and zones (EEZs) by the majority of coastal countries by management of living marine resources on the high the end of the 1970s, the UN Convention on the Law seas. of the Sea was adopted on December 10, 1982, which As a result, by the middle of the second decade of the became the basic law in the field of maritime fishing 21st century, almost all the “high seas” of the world’s law for all member countries. oceans were covered by regional fisheries management Article 56 of this Convention established sovereign organizations (RFMOs) (Figure 1). At present, a rights of a State over all living marine resources number of emerging RFMOs – for example, GFCM – within its EEZ and Article 77 established sovereign in the Mediterranean Sea, SIOFA – in the Southern rights over seated living marine resources. Article Indian Ocean, CECAF – off the western coast of Africa, 87, subparagraph “e” and Article 116 of the 1982 WECAFC – in the Western Atlantic Ocean – have been Convention provide for the freedom of all countries added to them (Figure 2). to fish on the “high seas” (in waters beyond the EEZ Russia is a party to 24 RFMOs and 62 intergovernmental and continental shelf). Article 118 of the Convention agreements on fisheries and fishery with 46 countries provides for the establishment of subregional and of the world (Figure 3).

Figure 1 – Conventional areas of the RFMOs in the zone of action of international Conventions and Commissions in the World Ocean.

Figure 2 – Map of existing and emerging RFMOs – International fishery management organizations (from Bell et al., 2019).

Figure 3 – Areas of fishing and research of aquatic biological resources of the USSR / Russia.

Analysis of the state of affairs with the implementation of the National Action Plan to Prevent, Limit and Eliminate IUU Russian Fishing of Aquatic 102 Biological Resources in the Atlantic and Pacific Oceans and the development of additional measures to prevent, contain and eliminate it Figure 4 – RFMOs Conventional Areas in the Atlantic Ocean.

Figure 5 – RFMOs Conventional Areas in the Pacific Ocean.

Figure 7 – Relationship between the costs of management measures and maintaining the fishery / ecosystem balance in RFMOs (from Bell et al., 2019).

Analysis of the state of affairs with the implementation of the National Action Plan to Prevent, Limit and Eliminate IUU Russian Fishing of Aquatic 104 Biological Resources in the Atlantic and Pacific Oceans and the development of additional measures to prevent, contain and eliminate it In the most general form, the process of obtaining determined. Then, the total value of the established access to aquatic biological resources of the Convention catch, based on certain rules, is divided into national area by ROUR member-states consists of 2 stages. quotas. The main measures applied at the present First, acceptable catch limits or fishing efforts and stage to regulate fishing and conservation of aquatic conservation measures common to all countries are bioresources are shown in Table 1.

Table 1. The main measures for the regulation of fishing and the conservation of aquatic biological resources used by the RFMOs

Measures of regulation Additional regulation Organizations where Species of aquatic Area of fishing and applicable biological resources conservation of aquatic biological resources Measures to regulate No NEAFC The all species Convention area fishing by establishing NAFO All other species except All areas, except those TACs those regulated by other where regulation is methods different ICCAT All other species except All areas, except those those regulated by other where regulation is methods different ABRFEU The all species Convention area SEAFO All other species except Convention area those regulated by other methods Olimpic system NAFO Red fish Area 2, 1F+3K CCAMLR The all species Convention area Amount of vessels ICCAT Blue, big eye tuna, Convention area albacore Measures to regulate Amount of vessels NAFO Shrimp 3М fisheries without NPFC All species of bottom 61 areas of FAO outside establishing TACs by fishing the EEZ limiting fishing effort and catch IOTC Tropical tuna, swordfish, Convention area albacore WCPFC swordfish Convention area Tonnage of vessels SPRFMO Types of family Trachurus Convention area NPFC All objects of bottom 61 areas of FAO outside fishing the EEZ SEAFO All other species except Convention area those regulated by other methods IOTC Tropical tuna, swordfish, Convention area albacore Amount of vessel days NAFO Shrimp ЗМ

WCPFC Big eyes and yellowish Between 20° n.l. tunas and 20° s.l. Catch limitation for a SPRFMO species of genus Convention area certain period of time (or in Trachurus fractions thereof) WCPFC Big eyes and yellowish Between 20° n.l. and 20° s.l. Swordfish To south from 20° s.l.

Analysis of the state of affairs with the implementation of the National Action Plan to Prevent, Limit and Eliminate IUU Russian Fishing of Aquatic 106 Biological Resources in the Atlantic and Pacific Oceans and the development of additional measures to prevent, contain and eliminate it Stocks of aquatic biological resources can be of the organization, depending on the decision- differentiated according to the following international making mechanism prescribed in the text of a specific legal types shown in Figure 8. agreement. In this regard, in a number of cases, fisheries are regulated without establishing TACs. Most The main and most universal measure for regulating often, regulatory measures without establishing a TAC the fishing of RFMO is the establishment of TACs. are applied in newly created organizations that have not Additional regulation may be carried out within yet accumulated a data set sufficient for calculations. the TAC. Additional regulatory measures, some of However, the application of measures to regulate fishing which can also be used without setting catch limits without establishing TACs is also practiced in some as an independent measure, include the following long-standing RFMOs in relation to specific populations approaches: of certain species that are in a favorable state and with – the introduction of the “Olympic” system a low or medium level of exploitation (that is, with a presupposes the simultaneous development of relatively low interest in this object of fishermen), for total catch limits by all countries participating example, shrimp from the area 3M NAFO. in the RSPD; after reaching the total catch by all countries of the value of the permissible catch, the The most common regulatory measures applied fishery for this object is stopped; without establishing a TAC are: – regulation of the number of vessels that can fish in – regulation of the number of vessel-days during the area; when the number of vessels is limited, it is which the state is able to catch fish; possible to replace smaller vessels with larger ones, – limiting the catch of the state for a certain period or if tonnage is not regulated at the same time; in this a certain share of the RFMO from such catch; the case, without a formal change in the restrictions, considered control measure is usually temporary real fishing efforts increase; therefore, such in nature and after the accumulation of sufficient regulation is advisable to carry out only under the information, the RFMO establishes the absolute condition of restrictions on tonnage and / or catch; values of the allowable catch. – regulation of the general tonnage of fishing vessels. Regulatory measures can be combined, for example, The calculation of TAC is only possible if there is a by number of vessels and tonnage. sufficiently complete field-biological information for a certain period of time. Moreover, such information The analysis shows that none of the above regulatory should be agreed by the majority or all members measures are universal. The most effective measures

Figure 8 – International legal types of stocks of aquatic biological resources: 1 – intrazonal; 2 – transzonal; 3 – transzonal-boundary; 4 – transboundary near migratory; 4 – transboundary far migratory; 5 – stocks of the “high sea”.

Analysis of the state of affairs with the implementation of the National Action Plan to Prevent, Limit and Eliminate IUU Russian Fishing of Aquatic Biological Resources in the Atlantic and Pacific Oceans and the development of additional measures to prevent, contain and eliminate it 107 for a specific object and type of fishery are determined aimed at minimizing the impact of fishing on at the annual sessions of the RFMO Commission. ecosystems; in this regard, the use of such fishing gear as dredges, fishing hooks, bottom trawls, drift Regulatory measures are aimed at limiting fishing nets for salmon fishing and a number of others is efforts. In addition, conservation measures are applied almost completely prohibited or severely limited; to ensure the rational use and long-term maintenance priority is given to fishing gear that causes minimal of the stock at a level that supports sustainable fisheries. damage to ecosystems and has a high selectivity Among other things, conservation measures are aimed of fishing: pelagic trawls with special devices to at preventing juvenile by-catch, catch of broodstock reduce the by-catch of juveniles (mirror grids), during spawning, regulation of fishing mortality by fishing gear and longline fishing gear when fishing age classes, and similar thing. At the present stage, the for tuna, large squid, toothfish and a number of following conservation measures are most commonly other objects; used by RFMO: – One of the traditional conservation measures is to – the introduction of areas prohibited for fishing to set the minimum size of hydrobionts allowed for maintain or restore the populations of ABR; the catch; according to classical theory of commercial prohibition on fishing is introduced, first of all, use of the population in order to ensure the during the spawning period in those areas where sustainable state of the stock of individuals should clusters of producers are formed; in this case, the start only after they have matured at least once; the terms of the prohibition of fishing are additionally average length at which individuals mature and stipulated; the ban is also seasonal in nature matured for the first time is taken as the minimum in areas where juveniles are concentrated; in a commercial size. depressed state of the population, the prohibition is established for the entire range for several years It should be noted that in most RFMO, control and until signs of stock recovery appear; conservation measures are developed for specific subareas within the common convention area. Zoning – a ban on fishing in a certain season is established in was introduced in order to take into account the accordance with the annual cycle and the functional structuredness of aquatic ecosystems in the regulated structure of the range of a particular population; as areas, including the zoning of the distribution of fishing noted above, the permitted seasonality of the fishery objects. Zoning should be based on reliable scientific is associated with spawning and the formation of data, and its establishment should be preceded by recruitment of the population at the expense of detailed long-term studies of the biota, as was the case, immature individuals, the catch of which before for example, in CCAMLR. reaching sexual maturity leads to the undermining of the stock; The second stage of gaining access to the ABR of the – limiting the types of fishing gear that can be used conventional area is the most important, since it is in the fishery, in general, is aimed at increasing the at this stage that the specific amount of the state’s catch of the target object, and reducing its injury participation in the development of the ABR is rate with a simultaneous decrease in the by-catch determined. At the present stage, the RFMO uses the of juveniles and non-target objects; in recent years, following main criteria for the distribution of state’s RFMO have been developing a set of measures participation in the fishery (Table 2).

Analysis of the state of affairs with the implementation of the National Action Plan to Prevent, Limit and Eliminate IUU Russian Fishing of Aquatic 108 Biological Resources in the Atlantic and Pacific Oceans and the development of additional measures to prevent, contain and eliminate it Table 2. Main Criteria for Distribution of Country Participation in Fisheries Used by Regional Fisheries Management Organizations

Criteria Organiza- Rank* Average rank* Frequency of Possibility of tions where use in various accounting applicable Applying a precautionary approach NEAFC 1 1,57 7 Low NAFO 5 SPRFMO 1 NPFC 1 ABRFEU 1 SEAFO 1 WCPFC 1 Traditional fishing NEAFC 4 1,71 7 High NAFO 1 ICCAT 1 SPRFMO 1 CTO 1 ABRFEU 2 SEAFO 1 WCPFC 1 Applying an ecosystem approach NEAFC 2 2,00 5 High NAFO 2 SPRFMO 2 CTO 2 NPFC 2 SEAFO 2 Compliance with conservation measures NEAFC 2 2,50 6 Middle NAFO 3 ICCAT 1 SPRFMO 2 SEAFO 2 WCPFC 5 Interests of Developing States ICCAT 3 3,50 4 Middle SPRFMO 3 SEAFO 4 WCPFC 4 Scientific contribution to the discovery NEAFC 3 3,60 5 High of the stock, study and development of NAFO 4 aquatic bioresources since the beginning ICCAT 2 of the field discovery SPRFMO 7 SEAFO 2 The interests of coastal countries whose NEAFC 5 4,17 6 Middle economies are heavily dependent on NAFO 2 fisheries ICCAT 4 SPRFMO 4 SEAFO 7 WCPFC 3 Use of catch for flag country consumption SPRFMO 5 5,00 1 Middle Development of new and experimental SPRFMO 6 6,00 3 Low fisheries SEAFO 6 WCPFC 6 Notes: «rank*» – a digit means a serial number in which this criterion is indicated in a particular RFMO.

Analysis of the state of affairs with the implementation of the National Action Plan to Prevent, Limit and Eliminate IUU Russian Fishing of Aquatic Biological Resources in the Atlantic and Pacific Oceans and the development of additional measures to prevent, contain and eliminate it 109 Application of the precautionary approach by the countries to use biological resources. This criterion is country in planning and conducting national fisheries. in fifth place in the ranking of criteria for allocation of Since the 1995 Agreement for the Implementation TAC or fishing effort to national quotas. of the Provisions of the United Nations Convention on the Law of the Sea of 10 December 1982 relating Russia as a country that for decades has been actively to the Conservation and Management of Straddling studying the ABR of the whole World Ocean (about Fish Stocks and Highly Migratory Fish Stocks, this 600 expeditions were carried out in UTO alone at criterion has been included as a main criterion in most a cost of about $6 billion). All RFMO advocate the RFMO, making it the first in the ranking of regional need to take into account the country’s contribution organizations. to the discovery, study and development of ABR in the distribution of national quotas. Naturally, such The precautionary approach means determining, on accounting should be done from the discovery and the basis of the most reliable scientific information, commencement of commercial development of the stock-specific reference criteria and the measures reserves, no matter how long ago. This criterion is to be taken if these reference criteria are passed. In mentioned only on the 3rd-4th place in the text of the defining the reference criteria, account shall be taken Conventions, as a result the average rank takes the 6th of uncertainties in stock size and productivity, levels position out of 9 main criteria (Table 2). and distribution of fishing mortality and the impact of fishing activities on non-target and associated or In the next place after the contribution to the discovery dependent species, as well as existing and projected and research is the interests of coastal countries, ocean, climatic and socio-economic conditions. If whose economy is heavily dependent on fishing in the the information on the status of a stock is uncertain, convention area. unreliable or insufficient, greater caution is required in making a decision about a stock. Lack of sufficient Another criterion is the use of the catch for domestic scientific information is not a reason to delay or not consumption of the country’s leading fishery. So far, take conservation and management measures. only one organization in one of the last places mentions this criterion – in SPRFMO. The precautionary approach is applied in all RFMO where Russia is a member or has an interest. Finally, the last criterion of national quota distribution, which is becoming more and more widespread, is Traditional fishing is one of the first criteria for the responsible for new and experimental fisheries. This distribution of countries’ participation in fisheries criterion is included in the text of the new conventions – applied by the RFMO. These criteria are the most SPRFMO, SEAFO and WCPFC. The criterion under objective because it is easily quantifiable. That is why it consideration has a clear scientific component in terms occupies the second place in the ranking of RFMO and of fisheries management for a specific population. In is used by all organizations as well as the precautionary the absence of information on the impact of additional approach. fishing mortality on a population, new or experimental fishing must be conducted with caution, including, Application of the ecosystem approach, as well as the in particular, catch limits and fishing effort. These precautionary one, is at the present stage a generally measures remain in place until sufficient data are accepted principle of ensuring long-term sustainable available to assess the impact of fishing on the long- exploitation of aquatic bioresources populations by term sustainability of stocks, after which conservation fishing and implies taking into account the impact of and management measures based on this assessment fishing not only on a specific population but onthe are applied. ecosystem as a whole. This criterion is laid down in 5 major ROURs: NEAFC, NAFO, SPRFMO, NPFC, Thus, only 3 out of 9 criteria can be considered SEAFO. as effective, easily identifiable: traditional fishing, application of conservation measures and The XXI century is marked by a strong tendency of contribution to discovery and research; 3 criteria developing countries to proclaim their rights to all protect the interests of coastal countries; 2 criteria areas of the economy, including ABR. In this regard, (precautionary and ecosystem approaches) are many texts of RFMO conventions have introduced a rather declarative in nature, very difficult to take special article stipulating special rights of developing into account and actually serve as a tool for solving

Analysis of the state of affairs with the implementation of the National Action Plan to Prevent, Limit and Eliminate IUU Russian Fishing of Aquatic 110 Biological Resources in the Atlantic and Pacific Oceans and the development of additional measures to prevent, contain and eliminate it political and economic problems of individual states. Nations Convention on the Law of the Sea relating At the same time, despite a certain ranking based on to the Conservation and Management of Straddling the order in which the criteria are listed in the RFMO Fish Stocks and Highly Migratory Fish Stocks, which texts, the importance of the criteria, which allows for subsequently became the second most important an accurate calculation of the share of countries in document after the 1982 Convention. Annual UN the TAC, has not yet been developed, but is almost General Assembly resolutions on sustainable fisheries not discussed. The distribution of state participation are adopted. in the fisheries in almost all organizations is by mutual agreement in the absence of strict formulae FAO adopts various documents, which are reflected for calculating shares. in the form of codes, international action plans, international guidelines and others. The peculiarity of Table 3 shows the criteria that characterize RFMO such documents is that from the legal point of view, with high and low management efficiency. they are non-binding in nature. At the same time, their importance is extremely high and in fact many However, international fisheries law is not limited to of them are implemented by states. Moreover, FAO’s the activities of the ROE. Global organizations play Member States are to some extent obliged to be guided an important role in shaping the legal environment by documents adopted by this Organization. for ocean fisheries. At present, international organizations of universal character, whose activities One of the most important FAO documents on fisheries within their competence affect certain fisheries is the 1995 Code of Conduct for Responsible Fisheries, issues, are the United Nations (UN) and the Food which establishes principles and standards applicable and Agriculture Organization of the United Nations to the conservation and management of fish stocks (FAO). The documents adopted by these organizations and to the development of fisheries. The document on fishery issues are of universal character and affect does not contain any compulsory norms, but is based absolutely all areas of the World Ocean, thus forming on the norms of international law, which are reflected the international legal conditions of access of the in the UN Convention 1982. interested countries to aquatic biological resources of the World Ocean. Failure by a flag country to comply with the provisions of UN General Assembly and FAO documents may in International maritime fishing law was further some cases be used in regional fisheries management developed in the 1995 Agreement for the organizations to limit that country’s access to the UBD Implementation of the Provisions of the United of the convention area of such an organization.

Table 3. Typical characteristics of RFMOs with high and low of activities for management performance (from Bell et al., 2019).

RSPM with high management efficiency RSPM with low management efficiency

NEAFC, NAFO, CCAMLR, etc. SIOPH, KESAF, etc.

Specifications

High standards of data collection for target fish stocks The organization was established recently or does not have ROUR status

Satellite vessel positioning data is used Low number of permanent staff in the secretariat

VME species/habitats have been identified and suitable habitat models Several working groups created developed

Fishing footprint areas have been identified and closed fishing areas Data collection in the fishery by observers is insufficient or not organized created

Studies of significant adverse impact on ecosystems are being Data from independent scientific records are not available conducted and monitoring plans are being implemented

In the most general form, the following limiting legal fishing opportunities. Otherwise, this criterion may factors of access to aquatic biological resources of the turn into a limiting factor for countries with outdated World Ocean can be identified. fleet or updating it more slowly than advanced parties to the agreement. As it was mentioned above, the 1982 UN Convention on the Law of the Sea is the basic law of the sea. At Within convention areas, RFMO may establish more present, the process of amending and supplementing fractional zoning. Such zoning is important as a the Convention has been initiated, which may result in limiting factor for fisheries, as conservation measures significant limitations of access of some countries to are set for specific areas. In modern RFMO, zoning is the ABR of the “high seas”. One of the most significant sometimes done not on the basis of scientific data on restrictions may become marine protected areas in ecosystem structure, but to create clusters of countries which commercial fishing will be prohibited. Russia controlling a particular area. This division was done shall counteract by all possible means the violation in SPRFMO: the convention area is divided into two of the fundamental principle of freedom of the “high subareas: eastern (South American countries) and seas” and its resources for all countries. western (New Zealand and Australia). At the same time, the area of the main fishing object – horse mackerel – Due to increasing competition for ABR in the World is separated by a boundary between the areas into two Ocean, RFMO is forming more and more hidden and equal areas. In order to improve fisheries management explicit mechanisms to lobby the interests of some and conservation of the ABR of the World Ocean, it countries to the detriment of others. Let’s stop at the is expedient to defend the principle of establishing most important of them. any division of the convention area into smaller areas strictly on the basis of reliable scientific data on the In the “Olympic system” of access to the ABR, there is spatial and temporal structure of ecosystems and main a need to master the catch limit set by the organization commercial populations of hydrobionts. as quickly as possible within certain time limits (and the permitted catch terms may vary from year to year). The main objective of any RFMO is to maintain the In this case, the advantage is given to those vessels stable state of the population being exploited by the that were either already in the fishing area or were fishery by observing the measures of fishery regulation closer to it than other vessels because they had time and stock preservation. Therefore, compliance with to start fishing first. This is the advantage primarily such measures should be and is one of the main for countries whose EEZ borders the convention criteria for granting national quotas to the country. area. Therefore, this system of developing quotas is However, not all conservation measures are easy to unprofitable and, we can say, discriminatory for states take into account, which is also an opportunity to make located far from the fishing area. discriminatory decisions against specific countries.

Regulation of the total tonnage of fishing vessels of The precautionary approach is defined in the 1995 the country-participants of the agreement allows Agreement very vaguely. This makes it very difficult increasing the real fishing efforts with the constant for a country to objectively take into account the tonnage as the vessel machines and their capacity are effectiveness of the precautionary approach, which, modernized and the fishing gears are improved. in turn, leaves room for discriminatory decisions for political and economic reasons. As an example, we can mention the stercoders purchased by Russia in the 1990s, which have a In recent years, in order to reduce Russia’s national relatively small tonnage and high capacity of fishing, quotas, a number of RFMO, especially the newly which even led to disputes – what class of vessels established SPRFMO and NPFC, have sought to should be classified as stercoders: by tonnage they establish a time frame to take into account traditional should be classified as medium-tonnage vessels, and fishing practices. by catch per day, they exceed the indicators of some types of large vessels. Therefore, it is reasonable to This approach is absolutely unacceptable for Russia, apply this indicator only taking into account real because in the last 25 years the activity of Russian

Analysis of the state of affairs with the implementation of the National Action Plan to Prevent, Limit and Eliminate IUU Russian Fishing of Aquatic 112 Biological Resources in the Atlantic and Pacific Oceans and the development of additional measures to prevent, contain and eliminate it fishing outside the national jurisdiction area is relatively significantly dependent on fishing in the convention low, and in the past Russia was the absolute leader area, in fact, it is not so simple. This criterion is of world fisheries. Another point that complicates effective and objective for developed countries the consideration of this criterion in the distribution with active oceanic fisheries, as, for example, most of national quotas, is the political changes that have countries of the North Atlantic Ocean, New Zealand, occurred on the world map in recent decades. The USA, Chile in those organizations where they are former Soviet republics have been claiming for separate coastal. On the other hand, a large group of developing accounting of their catches within the USSR since 1988 and small island states, many of which are actually as national ones. This position is also unacceptable, managed by Anglo-Saxon countries, gets additional because it does not comply with international law: one points in the distribution of national quotas. Despite country is a party to an international treaty. Russia, as the proclamation of the dependence of the economy of the successor to the USSR under the RFMO, should coastal developing and small island states on oceanic take into account the catch statistics together with fisheries, in reality this dependence is zero, because all the republics for the whole period up to 1991, and these countries have never practiced oceanic fisheries. the national catch statistics of the other former USSR The quotas of such states are used by their “guardian” republics should be kept from 1991, the year of the countries with developed economies. USSR collapse. Another criterion, the application of which is lobbied It is also difficult to realistically assess the application by coastal countries, is the use of the catch for domestic of the ecosystem approach to fisheries. Therefore, this consumption by the country’s leading fishery. This is another way to “pull” the political and economic criterion is disadvantageous for countries located far interests of some countries. from the Convention area. It is necessary to strive to limit the application of this criterion to a very narrow Most RFMO provide small island and developing range of cases. countries with special rights with respect to quotas and access to ABR in general. In fact, most of these When the criterion of “responsible operation of new countries are unable to conduct oceanic fisheries, and experimental fishing” is used, the definition which is the case in most RFMO, due to the lack of of new fishing by a specific organization becomes large vessels, fishing gear, professionally trained crew key. Expansion of the terms “new and experimental members and fishers. fisheries” should not be permitted. New fisheries should not include fisheries interrupted for a period Countries with developed economies, primarily Anglo- of time and then resumed. The concept of a new Saxon, use special rights (quotas) of such countries fishery should be as specific as possible with respect to increase their own national quotas. Very often the to the geographical area, target and population. Only flags of such countries are used as a “convenience” then will the criterion under consideration contribute flag to relieve themselves of responsibility and reduce to effective fisheries management and ensure an taxes. equitable, non-discriminatory distribution of national quotas that prevents a country from being classified Not all countries support Russia’s position on the as non-compliant with conservation measures due to importance of the criterion of contribution to the the resumption of interrupted fisheries several years discovery and research of ABR reserves. It is clear ago. that the EU and Anglo-Saxon countries, which have relatively recently increased their fishing activities in In connection with the above, one of the main the World Ocean, are seeking to establish a time frame directions of protection of Russian fishing interests for taking into account the contribution. To prevent in the framework of RFMO in the coming years and this criterion from becoming a limiting factor, Russia reduction of the number of limiting legal factors needs to work systematically within the framework of should be development of significance of criteria for universal and regional organizations to include this distribution of TAC or fishing efforts into national criterion in the mechanism for calculating national shares, giving priority to effective, easily considered quotas. criteria.

If it seems obvious the criterion is to take into account In recent years, Russia has taken the following steps the interests of coastal countries, whose economy is on a multilateral level:

c) to amend the legislation of the Russian Federation in It should also be noted that work has been done to terms of specifying the powers of sea port captains. establish and expand international cooperation in the field of fisheries (fisheries) with other countries. In recent years, Russia has taken the following steps on a bilateral level: Thus, in accordance with the Decree of the Government of the Russian Federation of October 24, 2013 № — Agreements to combat IUU fishing were concluded 1949-r, an Agreement between the Government of the with the Republic of Korea (December 2009), DPRK Russian Federation and the Government of the Republic (January 2012), Japan (September 2012), China of Angola on cooperation in the field of fisheries and (December 2012) and the United States (September aquaculture was signed on April 4, 2019 in Moscow. 2015);

— A Memorandum was signed with Canada in July Also, on the platform of the III International Fishery 2012 to form the basis for an agreement to prevent Forum & Seafood Expo (Global Fishery Forum & IUU fishing.

Analysis of the state of affairs with the implementation of the National Action Plan to Prevent, Limit and Eliminate IUU Russian Fishing of Aquatic 114 Biological Resources in the Atlantic and Pacific Oceans and the development of additional measures to prevent, contain and eliminate it Seafood Expo) on July 11, 2019 in St. Petersburg the gal, unreported and unregulated fishing of living ma- Russian-Cambodian interagency Memorandum of rine resources continued with the Republic of Korea Understanding on cooperation in the field of fisheries (2009), the Democratic People’s Republic of Korea and aquaculture was signed. (2012), Japan (2012) and the United States (2015) (Figure 10). Within the framework of the Summit and Economic Forum Russia-Africa on October 24, 2019 a With regard to the activities to ensure the fulfillment of Memorandum of Understanding between the Federal obligations of the Russian Federation, arising from its Fisheries Agency and the Ministry of Agriculture, membership in international organizations on fishery, Livestock and Fisheries of the Republic of Madagascar it should be noted that currently Rosrybolovstvo on cooperation in the field of fisheries and aquaculture provides participation of the Russian Federation in was concluded. 10 international organizations in the field of fishery in accordance with the orders of the Government of Decree of the Government of the Russian Federation of the Russian Federation № 648-r dated May 15, 2009 July 3, 2019 № 1434-r approved the draft Agreement and № 1835-r dated October 18, 2011. (ICES, NASCO, between the Government of the Russian Federation NAFO, CCAMLR, ICCAT, NPAFC, PICES, NEAFC, and the Government of the Republic of Uzbekistan on YTO, NPFC). cooperation in the field of fisheries, which is planned to sign during the visit of the President of the Republic of In accordance with Resolution No. 456-r of the Uzbekistan in the Russian Federation. Government of the Russian Federation of March 21, 2011, Rosrybolovstvo is also charged with organizing During this period, implementation of intergovern- and coordinating work related to the participation mental agreements on cooperation in preventing ille- of the Russian Federation in the work of the North

Figure 9 – Bilateral intergovernmental agreements of the Russian Federation in the field of fisheries and fisheries.

Atlantic Marine Mammals Commission (NAMMCO) representations and representatives of the Federal as an observer. Fisheries Agency Abroad” Rosrybolovstvo is allowed to have representations and send its representatives to Within the framework of fulfillment of obligations of work in diplomatic missions of the Russian Federation the Russian Federation arising from its membership in foreign countries (Fig. 11). in international fisheries organizations, in 2019 delegations of Rosrybolovstvo, together with the As of the end of 2019, Rosrybolovstvo had its repre- foreign apparatus of Rosrybolovstvo, participated sentative offices in the Islamic Republic of Iran, the Is- in annual sessions and other events held by these lamic Republic of Mauritania, the Democratic People’s organizations and their working bodies. Republic of Korea, the Kingdom of Korea, Morocco, the Republic of Senegal, as well as representatives in In 2019, Rosrybolovstvo carried out active work the diplomatic missions of the Russian Federation in on preparation of proposals and participation in Canada, the People’s Republic of China, the Kingdom development of draft orders of the Government of Norway, the United States of America, Japan, as well of the Russian Federation, based on the results as in the Permanent Mission of the Russian Federa- of consideration of which the Government of the tion to the Food and Agriculture Organization of the Russian Federation adopted a number of orders on United Nations in Rome, the Italian Republic, which the appointment of representatives of the Russian for the purpose of securing the interests of the Rus- Federation in Russian and foreign mixed commissions sian Federation in the sphere of fishery activity rep- on fisheries. resent its interests in the sphere of fishery (fishing) in the host states and international organizations, imple- According to the Decree of the President of the Russian ment measures to facilitate the fulfillment of obliga- Federation from November 4, 2007 № 1472 “About tions arising from international treaties of the Russian

Analysis of the state of affairs with the implementation of the National Action Plan to Prevent, Limit and Eliminate IUU Russian Fishing of Aquatic 116 Biological Resources in the Atlantic and Pacific Oceans and the development of additional measures to prevent, contain and eliminate it Figure 11 – Location of representative offices and representatives of the Federal Fisheries Agency in foreign countries.

Federation in the sphere of fishery (fishing) concluded which is to regulate fishing activities in this or that by the Russian Federation with the host states and region of the World Ocean; arising from the membership of the Russian Federa- – strengthening the position of the Russian Federation tion in international organizations. in the regulation of fisheries in the Arctic, ensuring Russian participation in international events on Guided by the Strategy for the development of the relevant issues; fisheries sector of the Russian Federation for the period up to 2030, approved by the Government of – organization of work to prepare for the conclusion the Russian Federation on November 26, 2019 № of the Agreement between the Government of the 2798-r, in the framework of the project “International Russian Federation and the Government of the Cooperation”, the following are presented as priorities Kingdom of Morocco on cooperation in marine for 2020 in terms of international activities of fisheries; Rosrybolovstvo: – organization of work to prepare for the conclusion – preservation and further development of of the Agreement between the Government of cooperation within the framework of bilateral the Russian Federation and the Government of intergovernmental agreements mainly with those the Republic of Uzbekistan on cooperation in the countries that promote fishing in their zones by field of fisheries in conjunction with the visit of Russian vessels; the President of the Republic of Uzbekistan to the Russian Federation. – continuing participation of the Russian Federation in existing international fishing organizations, Russian fishery is a complex interconnected industrial as well as its presence in newly established and economic complex with developed multi-sectoral international regional organizations, the task of cooperation and international relations, deeply

Analysis of the state of affairs with the implementation of the National Action Plan to Prevent, Limit and Eliminate IUU Russian Fishing of Aquatic 118 Biological Resources in the Atlantic and Pacific Oceans and the development of additional measures to prevent, contain and eliminate it WWF's Mission Statement To stop the degradation of the planet's natural environment and to build a future in which humans live in harmony with nature

www.wwf.ru

WWF-Russia 109240 Russia, Moscow, Nikoloyamskaya St., 19, bld. 3 Tel: + 7 (495) 727 0939, Fax: + 7 (495) 727 0938