Final Technical Report : Assessment of seafood safety standards in Pacific ACP countries : Niue, Palau, Samoa, Timor Leste, Tonga.
Ref. CU/PE1/SI/10/003
RAPPORT
Submitted by:
Assessment of seafood safety standards in Pacific ACP Project Title countries Project Number CU/PE1/SI/10/003 Palau, Niue, Samoa, Timor Country Leste, Tonga
1 Contracting Authority EC Consultant Name IBF International Consulting 209A Avenue Louise Address B-1050 Brussels, Belgium
Tel. Number +32 2 237 09 00
Fax number +32 2 230 46 49 [email protected] E-mail
Contact persons Frédéric André, Director
Patrick Messina, Project Manager
Signatures
Date of report : 18/04/2011
Authors of report : Richard Chivers, Christine Froese
Any opinions expressed in this report remain those of the Consultant/IBF International Consulting and do not represent the opinion of the European Commission or ACP FISH 2.
2 EXECUTIVE SUMMARY ...... 5 APPROACH TO ASSIGNMENT ...... 8 ORGANISATION AND METHODOLOGY ...... 9 ANNEX I: TERMS OF REFERENCE ...... 11 ANNEX 2: INTERIM TECHNICAL REPORT ...... 22 ANNEX 3: NIUE ISLAND ...... 31 ANNEX 4: PALAU ...... 72 ANNEX 5: SAMOA ...... 101 ANNEX 6: TIMOR LESTE ...... 133 ANNEX 7: TONGA ...... 158
3
Acknowledgements
The authors would like to thank all the members of the five fisheries departments visited, who at short notice put aside their time and drew on their resources to ensure full support for the mission and the best result for advancing their countries fishing industries
4 Executive summary
This mission was undertaken by two experts from the European Union; the team leader, Richard Chivers, a specialist in food safety, legislation and fish handling and Dr Christine Froese a specialist in legislation, food safety and laboratories. The mission, which started on 10th April 2011 and ended on 30th May 2011, covered these Pacific Island Countries: Samoa, Niue, Palau, Tonga, and Timor Leste.
The aim of the mission was to ‗Identify and collect national legislation and policies dealing with seafood safety and food production, to review and analyse the documentation and to assess the relevance of existing seafood safety and food production standards‘
The individual country summaries are given below and one generic recommendation was made for research into the EU demand for fish from the Western Pacific with the aim of giving the private sector an incentive to market development.
The findings for each country were as follows:
Niue Niue‘s legislation is mainly concerned with fishery management and is not
The island has no fishing fleet and no landing facilities. A factory established some years ago failed on account of these restrictions and is mothballed. There are only two fishery staff. In these circumstances and given the high cost of running a Competent Authority it is unfortunately almost inconceivable task to create an export business to any country, let alone one as distant as the EU.
Recommendations were made for:
1. Allocation of official controls over fishery products and development of new Food Safety Regulations 2. That the Government complete, have approved and implemented the Management and Development Plan for Fishery as required by legislation 3. That policy development and a cost-benefit analysis is undertaken to assess the viability of the EU market and that trade with the EU is approached step by step by developing export capacities and aligning legislation first. 4. That Niue works on a strategy of how to develop their inspection system over time. Whether there really is a need for increased capacity must be an element in the equation and f there is then training in these areas is recommended.
a. Inspection and certification b. Training inspectors in implementing the Food Safety Regulations c. Upgrading the wharf (priority) 5. That Niue does not pursue accredited laboratory facilities until such time as it has established a regional export trade. 6. That Niue produces fishery products national guidelines (codes of practice)
Palau Legislation in Palau is almost exclusively directed towards fishery management. There are clauses in the draft Marine Living Resources Actregulations that refer to safety, quality and inspection of product but go no further than that.
The first interest of Palau is to manage its inshore resource, which was overfished and redeem a protein source for its population. After that interest turns to the tourist trade associated with fish and the marine environment and finally offshore resources.
There are two fish exporting companies. One Taiwanese and one Japanese owned and are supplied by their own or contracted longliners catching yellow fin and bigeye tuna. The fish is mostly exported fresh by airfreight to Japan.
The Bureau of Marine Resources is overstretched and the Bureau of Public Health were unable to provide any legislstion that related to food inspection other than draft Environmental Health regulations that had been in abeyance for several years and held very little that would satisfy EU export requirements.
Recommedations were made for:
Assistance with drawing up legislation that would suit the rergional markets rather than the EU market
Training in fish quality, fish handling, basic hazard analysis and sampling and testing techniques.
Samoa Currently legislation is divided between recent drafts and old existing laws. It was envisaged that new legislation in a more up to date, ‗farm to fork‘ form should be formulated but that 6 equivalence to the EU food package would be a step too far, creating difficulties for the private sector, which has no interest in the EU market and for the fisheries inspectorate which requires time to help build a modern risk based approach to official controls.
Recommendations were made for training, legislation, and the development of national fisheries standards guidelines.
Timor Leste Timor Leste is in the process of nation building and is not yet in a position to offer an export market, at a conservative estimate it will not be able to do so for 10 years due the lack of infrastructure currently available for example: there is no consistent electricity supply, the fisheries department has no internet link, the staff are not equipped with basic inspection equipment such as digital thermometers, there is no laboratory suitable for testing samples.
Added to the inspection services‘ difficulties, the nation‘s fishing industry is artisanal, landing facilities are limited, there are no fishery data and little market for fish on the coast, let alone in land.
To ask the Government to develop a Competent Authority at present is pointless and would be counterproductive as it and the accompanying legislation would create barriers to industry growth.
The following recommendations were made:
1. That training be provided in a generic knowledge of fish quality and safety 2. That training in the following areas be provided: a. The general principles of EU legislation b. The general principles of laboratory testing of fish c. Training trainers of small groups including members of the Directorate of Fisheries and also members of the private sector, such as fishermen and fish sellers 3. That assistance with drafting legislation and standards is provided from donor resources That a policy for developing fish sales within the country be developed as a foundation for an understanding of fish quality.
Tonga Tonga‘s fishing industry is in decline due to lack of fish stocks, and the high costs, which between them are squeezing the margins and making the private sector unviable. The Government wishes to see growth in the sector and considers that the EU market represents a better option that the regional (Pacific Rim) market; on that basis it wishes to change its fishery products law to have equivalence with the EU‘s and to create a Competent Authority.
Currently the Tongan food law is out of date but is due to be changed shortly. 7 Recommendations were made that:
1. A strategy is developed by the Government to determine how the changes could be made without harming the private sector and that expert opinion be sought on food control regulations prior to putting to Cabinet 2. That National Guidelines (Codes of Practice) are drawn up for fishery products 3. That the Ministry to seek donor assistance in the creation of a CA 4. That market research is carried out into the reality of the European market for Pacific fish
Approach to Assignment The two person mission of the ACP Fish II project ‗Assessment of seafood safety standards in Pacific ACP countries‘ visited five Pacific Island countries bewteen 11th April and 31st May 2011. The team comprised two experts in food safety, EU food legislation and laboratories ; their remit was in brief to: a) Identify and collect national legislation and policies dealing with seafood safety and food production b) To review and analyze the documentation, legislation and policies c) To assess the relevance of existing seafood safety and food production standards
The mission started with two days attendance at the ACP Fish II Monitoring Workshop held in Apia, Samoa and continued there for a further week during which the team worked alongside the inspectors from the Samoan Division of Fisheries and visited the landing sites and factories. After Samoa the team split, with one memebr visiting Niue and the other Palau, they reconnected in Tonga and finally visited Timor Leste. During this time, they gathered information by means of internet searches, locally supplied legislative texts, interviews and visits to laboratories, landing sites and factories. All relevant legislation provided was reviewed, analysed for equivalence to the EU food package. Recommedations were made where appropriate. Each visit ended with a half day mission summary meeting attended by the main fishery staff involved in the visit. Formal workshops as envisaged during the development of the terms of reference were not deemed appropriate due to the small number of staff and the close working relationship that the team members had built up with them during their working time. Regardless of this PowerPoint presentations were used as the basis for the mission summary meetings in Samoa and Timor Leste.
Comments on Terms of Reference (ToR) The countries selected for the mission were not those in the original ToR, since one of the experts recognised them as having been visited recently on a similar mission. A new selection was made at short notice after consultation between the Regional Facilitation Unit (RFU) and
8 the Pacific Islands Forum members. The short notice allowed to each country before the launch of the mission was evident once on site, with staff not available on several occassions. Only Tonga was able to arrange a full itinerary of meetings.
The ToR originally required the experts to carry out a regional workshop in Fiji but after discussion with the ACP Coordination Unit (CU) and the RFU it was decided that it would be simpler and more relevant to hold workshops in each country, where information could be disseminated directly to the people with whom the experts had worked.
The ToR did not allow the experts desk time for preparation prior to flying out, though in practice the team leader spent several days assisting witht he launch of the mission, include a Skype conference call and the other put in one day‘s preparation. The lack of a desk study proved an impediment as the team could not build up a stock of documents and evaluate them at home where consistent facilites were available ; nor could they arrange meetings before hand. Instead they had to work with less efficient internet search systems, share computer access and lack telephone and skype facilities. A recommendation for furture projects of this size is that one week at least be dedicated to a desk study at home base.
A final point, reaching five Pacific island nations in six weeks was difficult due to the avilability (or lack) of flights. The longest travel time between countries was approximately 30 hours and the shortest probably 12.
Organisation and Methodology The project was undertaken by two food safety and legislation experts from Europe who visited each of the five countries either together (Samoa, Tonga and Timor Leste) or individually (Palau and Niue).
Due to difficulties in obtaining flights, the number of full working days in-country varied from one country to the next. The contract did not allow for working Sundays, (shown in the diary for each country visited). The experts spent ten days in Samoa attending the ACP Fish II Monitoring Workshop as well as carrying out the ToR, six days in Palau (one expert), six days in Niue (one expert), two days in Tonga for one expert and three days there for the other, ten days in Timor leste and two days in the Solomons (one expert, wrap-up meeting with the Forum Fisheries Agency (FFA). The methodology comprised data collection, document review, a gap analysis of legislation, discussion of the findings with the staff and management of the fishery departments. The results of the data collection (legislation, standards) were compared in a gap analysis with the requirements of the EU food package of safety measures. Data was collected from these sources: 1. Internet search with information confirmed by stakeholders 2. Fisheries Departments 3. Ministries of Health, Port Authorities or other ministries with interests in the export of fish 4. Visits to landing sites 9 5. Meetings with private sector 6. Country profiles 7. Visits to laboratories 8. Policy and strategy papers Conclusions were drawn for each country and recommendations based on the conclusions were made where appropriate. The findings are presented in this report with generic findings first, followed by annexes for each country. Generic Findings Interest in EU market was very limited, Samoa had no private sector that wished to develop the trade, Palau likewise, Niue has expressed an interest but has little fish insustry for the foreseeable future, Tonga‘s industry is currently in decline but the Government has expressed interest in developing the EU trade, Timor Leste only has an artisanal fleet and very basic facilities. In short none of the countries was ready to export to EU.
The reason why the countries did not foresee a trade with Europe varied but included : a. Cost of transport b. Lack of fish c. Lack of fishing industry d. Lack of infrastructure e. Satisfied with regional market
On a more positive note, each country would benefit by taking the first steps in modernising its legisaltive framework and training its inspection service in order that it will impress partners in the regional markets, eg USA, Japan, Austrialia and New Zealand and in doing so attract more export trade.
Generic Recommendations 1. When drawing up new regualtions for the control of fish sanitary handling conditions, it is recommended that every country ensures it has in place a consultative process that includes persons from these disciplines or the local equivalent : Ministries e.g. Fisheries, Health, Trade and Commerce, Port Authority, Quarantine, lawyers, and Attorney General, private sector.
2. That a market research programme is undertaken in Europe to establish if there is a viable market for Pacific islands fish. The Terms of Reference for the research should drawn up by a fish marketing specialist and include at least:
a. Market size by volume and value, b. Location of market by EU country, c. Preferred fish species, d. Type of outlet (catering, supermarkets), e. Estimated time for market to develop, f. Points of entry into Europe, g. Presentation (e.g. whole, fillet, loin, chilled, frozen) value added by secondary processing (smoking, drying, sauces, traditional recipes) h. Importance of eco-friendly, sustainable systems and action on IUU fishing
10 Annex I: Terms of Reference BACKGROUND INFORMATION 1.1 Beneficiary country The direct beneficiary countries for the implementation of this contract are the following Pacific Islands ACP countries in the Pacific region: Federated States of Micronesia, , Kiribati, Marshall Islands, Nauru, , Palau, Papua New Guinea, , Solomon Islands, , and Vanuatu. These countries were replaced in the final ToR with Samoa, Palau, Niue, Tonga and Timor Leste. 1.2 Contracting Authority ACP FISH II Coordination Unit 36/21 Av. de Tervuren 5th Floor Brussels 1040 Tel: +32 (0)2.7390060 Fax: +32(0)2.7390068
1.3 Relevant country background
Infectious diarrhoeal and parasitic diseases, many of which can be attributed to the consumption of contaminated food and water, are a major cause of morbidity in many countries of the Pacific. Such diseases have been reported by Kiribati, the Republic of the Marshall Islands, Nauru, Northern Mariana Islands, Palau, Tonga, Tuvalu and Vanuatu to be among the five leading causes of morbidity. Diarrhoeal diseases or infectious and parasitic diseases, salmonellosis and campylobacteriosis also prove significant contributors to mortality in Australia, Cook Islands, Fiji, New Zealand and Papua New Guinea.
In addition to issues related to the safety of the food supply, the quality of food for the peoples of the Pacific islands is also a significant factor contributing to food-related illness. The consumption of large quantities of high-fat, energy-dense food in particular, contributes to obesity. This remains a primary factor contributing to diabetes, heart disease and hypertension, some of the main causes of adult mortality in the Region. As a result of important dietary and lifestyle changes in Pacific Island Countries (PICs) in recent decades, some of the highest rates of obesity in the world are found in the Pacific. (These include 40-50% in Cook Islands, 36-44% in French Polynesia, 20-37% in Kiribati, 80% in Nauru, and 43-83% in New Caledonia. They also include 14-38% in Papua New Guinea, 47-66% in Samoa, 42% in Tonga, 12-48% in Tuvalu, 12-34% in Vanuatu, and 30-57% in Wallis and Futuna.)
Despite this, national food-control programmes and plans of action have often not been developed in a coordinated manner. They have not been drawn up within the context of a documented government food-safety policy, or national policy and plans of action for nutrition. With respect to food laws and standards (including labelling requirements), PICs often have either no laws or outdated laws and standards.
11 In addition, many of the PICs have yet to identify how they can be effective participants in and contributors to the work of the Codex Alimentarius Commission. Furthermore, varying standards of enforcement, education and training among different countries contribute to inequity in levels of food safety across the Region. Import and export inspections are variable across the Region, with much food being traded without adequate controls. National capacity to analyse food also varies across the Region, and few countries have an active and effective food borne illness surveillance system.
Access to safe and nutritious food has been identified as a right for all consumers by the Ministers of Health in endorsing the vision of ―healthy islands‖ as an overarching framework for health protection and promotion in the Pacific. To achieve this, food safety and quality need to be assured from production and exportation/importation to consumption throughout the Region. To achieve this goal and to facilitate trade in safe and nutritious food, there is a need for countries to move closer together to protect the health and well-being of consumers. They need to coordinate different food-safety and quality policies across the Pacific. The different food- safety and quality systems also need to be made comparable and fully transparent1.
1.4 Current state of affairs in the relevant sector
The Seafood trade is a significant component of the economy of the Pacific region and its importance is set to increase further as PICs step up their respective domestic catching and processing capacities as they endeavour to maximize the benefits to the peoples of the Pacific from the exploitation of their fisheries resources. In order to successfully export however, there is a need to meet quality standards required by the importing countries. The traditional fish export markets, including USA, EU, Japan, Australia and New Zealand, all require assurances that the seafood that reaches the consumer has been caught, processed, transported and marketed in a manner that minimizes any health risk to the consumer. The US Seafood HACCP Regulation came into force in 1997 and the Seafood Directive of the European Union has been in force since the early 1990s. Although a few countries, including Fiji and Papua New Guinea, are well advanced in food safety matters and are currently or soon to be exporting to the EU and USA, a recent regional workshop for Food safety Inspectors revealed a number of common issues in some of the participating countries, including: The need to select the most appropriate government agency as the Competent Authority (CA) among the various government agencies; The need for legislative updates on food safety and health standards to empower inspectors and provide a legal basis for controlling the seafood safety aspects of seafood exports; The need for assistance in the establishment of the CA and training of food safety and health standard inspectors;
1 (WP)NUT/FOS/ICP/HSE/4.4/001-E. Report series number: RS/2002/GE/30(FIJ)
12 The need for strengthening laboratory capacity especially for histamine testing and the testing of water for potability; and The need for assistance in the devising of operational standards both for the industry as a whole and to govern how the CA operates. The last comprehensive review of seafood safety standards in the region was undertaken in 1997 and with the increasing desire among Pacific Island countries to export to the EU and USA in particular, a further review is required. 1.5 Related programmes and other donor activities
Related programmes and other donor activities which contribute to similar or related ACP Fish II activities include work or activities by the Japanese Trust Fund, the Overseas Fishery Cooperation Foundation (of Japan) (OFCF), the Australian Centre for International Agriculture Research (ACIAR), the Global Environment Facility (GEF), the Development of Tuna Fisheries in the Pacific ACP Countries Project (DevFish) and by two regional fisheries bodies (RFB) and an intergovernmental organisation, the Forum Fisheries Agency (FFA), the Western and Central Pacific Fisheries Commission (WCPFC) and the Secretariat of the Pacific Community (SPC) respectively. Funding by the Japanese Trust Fund has gone into funding training workshops for Pacific ACP countries in developing island fisheries officers understanding in fish stock assessment. OFCF funding has gone into developing infrastructure in fisheries training institutions to better train fisheries officers while ACIAR funding has gone mainly into developing sustainable fisheries and aquaculture for food security in the region. The FFA is now to commence the second phase of the DevFish project while the GEF funding is being used by the regional fisheries bodies along with other projects and programmes which have similar objectives to the ACP Fish II program. SPC at the ACP Fish II Regional Action Plan Validation workshop in Lautoka, Fiji, in November 2010 stressed the importance of implementing this project to assist the new Food Safety / Quality officer to be employed soon by the intergovernmental organisation to undertake further work in the region. These regional fisheries bodies and other organisations will be consulted in the work to be undertaken on the regional Seafood Safety and production standards and individual country‘s national seafood safety and production standards. Since fishing is an important economic sector in numerous ACP countries, access to export markets for their fishery products, especially to the EU, is of strategic importance.
In order to help third countries to fall in line with these rather complex regulations, the European Commission and the Group of African, Caribbean and Pacific States (ACP), represented by its General Secretary, have decided to finance a support programme ―Strengthening Fishery Products‘ Health Conditions in ACP/OCT Countries (SFP Programme)‖. The SFP Programme provided support to all those involved in the health control of fishery products: The relevant authorities (known in EU regulations as the Competent Authorities) and other institutional stakeholders; Testing laboratories and technical institutes; Processing companies and exporters of fishery products; The small-scale fishery sector. This programme supported some pacific ACP countries in this sector until the end of 2010.
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In the conduct of this assignment, consultants are expected to work closely with all countries, regional fisheries bodies, regional intergovernmental organisations and the countries fisheries associated stakeholders and relevant donors and donor funded programmes to gather relevant information and ensure coordination.
OBJECTIVE, PURPOSE & EXPECTED RESULTS 2.1 Overall objective
The overall objective of the project of which this contract will be a part is to contribute to the sustainable and equitable management of fisheries in ACP regions, thus leading to poverty alleviation and improving food security in ACP States. 2.2 Purpose
The objectives of this project are to:
a. Assess the legal and policy framework governing seafood safety and food production (including trade, health and hygiene, fish inspection and food control) of each selected Pacific ACP country; b. Formulate recommendations to amend existing national legal and policy frameworks governing seafood safety and food production with a view to facilitating seafood exports to third country markets.
2.3 Results to be achieved by the Consultant
The Consultant will achieve the following results as part of this project: The legal and policy framework governing seafood safety and food production of each selected Pacific ACP country is assessed. Recommendations to amend existing national legislation and policies governing seafood safety and food production are formulated.
ASSUMPTIONS & RISKS 3.1 Assumptions underlying the project intervention
The need for this intervention was clearly identified in the Regional Needs Assessment workshop with fisheries administrations and representatives of Regional Fisheries Bodies undertaken in Honiara, Solomon Islands, in November 2009. The relevance of this activity was further confirmed during the Pacific Action Plan validation workshop undertaken in Lautoka, Fiji, on the 10th and 11th of November 2010. Consultations with Chief Fisheries Officers/Director of Fisheries, and other Ministries responsible for fisheries-related issues such as environment, justice, trade, customs and health and other fisheries related stakeholders in selected countries confirm this requirement.
Since ACP FISH II is a demand-driven Programme, it is assumed that counterpart institutions which will include all Pacific ACP countries and their national fisheries authorities and food 14 safety institutions will take all the necessary measures to ensure their fulfilment of obligations and responsibilities as set forth under this project. Failure to meet that requirement is likely to result in the project not achieving the desired results.
3.2 Risks
Risks for the implementation of this contract are minimised, since the intervention was identified and endorsed in cooperation with all the Pacific ACP countries relevant stakeholders. The stakeholders include for all Pacific ACP countries the national fisheries agencies and associated stakeholders including; fisheries products food processors/producers and food safety agencies. The assumption is that all Pacific ACP countries government fisheries agencies and associated fisheries stakeholders are well aware of the intervention and are prepared to allocate official hours to its implementation. The participatory planning approach adopted in the development of this intervention will continue through implementation to ensure that risks of overlap and lack of co-ordination with other initiatives of governments and RFBs will be minimised. Likewise, the chosen methodology is consistent with all Pacific ACP countries ongoing approach. SCOPE OF THE WORK 4.1 General
4.1.1 Project description Few countries in the Pacific region have adopted food safety legislation. Existing such legislation is often limited in scope and sometimes outdated and does not apply specifically to seafood or fisheries products. Fiji and Nauru have recently enacted basic food safety laws and Kiribati is in the process of adopting food legislation. Other countries having adopted a basic food legislation include: Cook Islands (1992 and 1993), Niue (1981), PNG (1991) and Samoa (1967).
Food was addressed only as part of other public health or environmental health legislation for the ACP Pacific countries of Marshall Islands, Palau and Tonga while for Tuvalu the Law is in a draft form but appears to not being further developed or considered. The Pacific Food Safety and Quality Legislation Expert (PFSQLE) Group noted that National food safety efforts in the Pacific are hindered by: 1) limited human resources and technical expertise in legislation and standards development, inspection and certification, auditing, and analysis; 2) limited development/availability of guidelines on import control, inspection, how to respond to food safety events etc; and 3) Limited technical expertise to optimally use and actively participate in Codex processes. The PFSQLE recognized existing barriers to strengthen food control efforts could be overcome by committed, well resourced and appropriately trained technical personnel with the support of high level policy makers; sharing of resources, information, guidelines, and experiences sharing of information related to Codex. PFSQLE also noted that common food standards and consistent enforcement approaches across the Pacific would: 1) Protect consumer health and facilitate trade; 2) Enhance consistency of enforcement practices; 3) Create more efficient use of limited resources; and 4) Prevent the Pacific from becoming a ―dumping ground‖ for inferior and unsafe and poor quality product. 15 The PFSQLE group also proposes that Pacific ACP countries share information on food legislation, regulations and standards. The group also proposes that countries share expertise and experience regarding food safety events and the response to them. Over the last decade all Pacific ACP countries have become party to a number of additional fisheries management, conservation and development initiatives including the Western and Central Pacific Fisheries Convention (WCPFC), the Apia Policy dealing with coastal fisheries as well as those relating to the Parties to the Nauru Group (PNA) and region-wide coastal State fisheries management matters. Pacific ACP countries are now looking at accessing domestic and foreign markets for their fisheries products that the different fisheries arrangements which each country is trying to develop is hopefully going to facilitate. These all need to be provided for in food safety and food production legislation as well as in general fisheries legislation and in management plans and procedures. Further imperatives for conducting a comprehensive review and development of the legislative framework include the nation‘s industrial fisheries development agenda relating to offshore fisheries on the one hand and the food security linked community based management relating to inshore resources on the other. Proper management of fisheries resources is a fundamental requirement for the people of all ACP Pacific countries because fish is one of only few available resources on which a viable economy can be developed to earn foreign exchange and fish remains the single most important source of protein for a lot of the people of the Pacific ACP countries. Establishing food safety and production legislation to enable proper use of the fisheries resources is fundamental to developing fisheries within the Pacific ACP member countries. 4.1.2 Geographical area to be covered Without prejudice to the delimitation of maritime boundaries, the geographical area to be covered by this project extends to all Pacific ACP countries/states including waters under national jurisdiction. 4.1.3 Target groups The target groups for this activity are all Pacific ACP countries and their Competent Authorities (CA) on Seafood Safety and Production Standards, Fisheries Authorities, Attorney General Offices, Regional Fisheries Organisations and other organisations involved in trade and/or food stuff related issues and private sector representatives (fisher folk organizations, fish processors and other NGOs). 4.2 Specific activities
This contract will be completed in a single phase: The consultant will carry out the following tasks: 1. Briefing by the ACP Fish II Program; 2. Identify and collect national legislation and policies dealing with seafood safety and food production (including trade, health and hygiene, fisheries) and any other relevant documentation in each selected Pacific ACP country; 3. Review and analyze the documentation, legislation and policies referred to in item 2 above and in particular assess the relevance of existing seafood safety and food production standards; 4. Make visits to selected Pacific ACP countries covered by this study as agreed with the relevant regional organisations and the RFU; 16 5. Consult with WCPFC, FFA and SPC; 6. Consult with the agencies/authorities responsible for fisheries, food safety standards, health and quarantine and other relevant stakeholders in selected ACP Pacific countries; 7. Prepare a first draft of the study; 8. Organize a regional workshop to report on the status of seafood safety and food production standards in selected Pacific ACP countries and discuss the findings and recommendations of the study (two-day workshop with 10-14 participants); The Consultant is responsible for the workshop‘s organization and logistics (including invite participants, arrange travel, book and pay for transportation for participants as necessary, pay per diems or expenses of participants, and venue costs); This element was removed from the final ToR and replaced with having a separate workshop summary in each country. 9. Taking account of the findings and recommendations of the workshop, finalise the study, including the recommendations to amend existing national legislation and policies governing seafood safety and food production.
In addition to the reporting requirements mentioned in Section 7.1 of these Terms of Reference, the Consultant is required to prepare the following reports in English: i. An Interim Technical Report (ITR) within 10 days of arriving in the duty station for the first time. The ITR will include the proposed methodology, the calendar and programme of activities, places to visit, people to meet and an outline of the final report; ii. The Final Technical Report (FTR), taking into account changes and comments from the fisheries administration or competent authority of the Pacific ACP countries, the relevant regional organisations (WCPFC, FFA, SPC), the RFU and the CU will be submitted within one month of the consultant leaving the country. A draft FTR will be submitted before the Consultant leaves the country on completion of the final draft of the model seafood safety and food production legislation. Comments on the draft FTR may be made by the Pacific ACP countries, the RFU and the CU within 14 days. If required, a second draft of the FTR will be submitted.
4.3 Project management
4.3.1 Responsible body The Coordination Unit of the ACP Fish II Programme, on behalf of the ACP Secretariat, is responsible for managing the implementation of this contract. 4.3.2 Management structure The ACP Fish II Programme is implemented through the Co-ordination Unit (CU) in Brussels and six Regional Facilitation Units (RFUs) across the ACP States. The RFU in Honiara, Solomon Islands, covering ACP states in the Pacific region will closely support implementation of this intervention; it will monitor the execution of the contract pursuant to these Terms of Reference. All contractual communications should be addressed in original to the CU and copied to the RFU. Day-to-day supervision will be carried out by the RFU. For the purposes of this contract, the ACP Fish II Programme Coordinator will act as the Project Manager. 4.3.3 Facilities to be provided by the Contracting Authority and/or other parties Not applicable. 17 LOGISTICS AND TIMING 5.1 Location
For the carrying out of this assignment, the consultant will be based at the FFA Headquarters in Honiara, Solomon Islands with the regional consultation workshop to take place in Nadi, Fiji. Visits to selected countries at different levels of development of the model seafood safety and food production legislation will be carried out according to the approved work plan presented by the Consultant. 5.2 Commencement date & Period of implementation
The intended commencement date is 21 March 2011 and the period of implementation of the contract will be 2 months from this date. Please refer to Articles 4 and 5 of the Special Conditions for the actual commencement date and period of implementation. REQUIREMENTS 6.1 Personnel
6.1.1 Key experts All experts who have a crucial role in implementing the contract are referred to as key experts. The profiles of the key experts for this contract are as follows: Key expert 1: Team Leader (Senior Seafood Expert) Qualifications and skills
A university degree in food science, food technology or food safety or law or another relevant specialization; The expert should have a high level of proficiency in spoken and written English;
General professional experience
Minimum 10 years of relevant international experience in food safety matters with a focus on seafood safety and health standards; Excellent communication, report-writing and project/task management skills
Specific professional experience
Practical experience in the drafting, or support to the drafting, of seafood safety and health legislation, policy or standards (preferably more than 5 assignments but a minimum of 2); Practical experience of carrying out assignments for the EU or other international development agencies (preferably more than 8 assignments but a minimum of 3); Previous experience in inshore and oceanic Pacific fisheries.
The maximum number of missions for this expert outside the normal place of posting requiring overnights is 5.
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There will be in-country visits for this expert not requiring any overnight.
Key expert 2: Seafood Expert Qualifications and skills A degree or equivalent in Food Science or food technology or food safety or any other relevant specialization. The expert should have a high level of proficiency in spoken and written English.
General professional experience
Minimum 5 years of regional experience in seafood safety matters; A good understanding of Seafood Safety and processing requirements; Excellent communication, report writing and facilitation skills;
Specific professional experience
Proven experience in the drafting or support to the drafting of seafood safety and processing legislation, policy or standards; Demonstrated experience and understanding of the seafood importing requirements of major importing countries (e.g. USA, EU and Japan); Previous experience working in the Pacific region.
The maximum number of missions for this expert outside the normal place of posting requiring overnights is 5.
There will be in-country visits for this expert not requiring any overnight.
Indicative number of working days by expert and task:
Indicative task Key Expert 1 Key Expert 2 (days) (days) Briefing by RFU 1 1 Background document review and analysis 13 13 of all Pacific member countries seafood safety and food production legal and policy frameworks Consultation meetings and site visits 15 15 Multi-disciplinary workshops (organization, 4 4 presentation, workshop) (1 two-day workshops)
19 Compilation of reports 7 3 Total 40 36
Six working days per week are allowed for this contract. Note that civil servants and other staff of the public administration of the beneficiary country cannot be recruited as experts, unless prior written approval has been obtained from the European Commission. 6.1.2 Other experts Not applicable. 6.1.3 Support staff & backstopping Backstopping and support staff costs must be included in the fee rates of the experts.
6.2 Office accommodation Office accommodation of a reasonable standard and of approximately 10 square metres for each expert working on the contract is to be provided by the FFA and RFU when required. 6.3 Facilities to be provided by the Consultant The Consultant shall ensure that experts are adequately supported and equipped. In particular it shall ensure that there is sufficient administrative, secretarial and interpreting provision to enable experts to concentrate on their primary responsibilities. It must also transfer funds as necessary to support its activities under the contract and to ensure that its employees are paid regularly and in a timely fashion. If the Consultant is a consortium, the arrangements should allow for the maximum flexibility in project implementation. Arrangements offering each consortium member a fixed percentage of the work to be undertaken under the contract should be avoided. 6.4 Equipment No equipment is to be purchased on behalf of the Contracting Authority / beneficiary country as part of this service contract or transferred to the Contracting Authority / beneficiary country at the end of this contract. Any equipment related to this contract which is to be acquired by the beneficiary country must be purchased by means of a separate supply tender procedure. 6.5 Incidental expenditure The Provision for incidental expenditure covers the ancillary and exceptional eligible expenditure incurred under this contract. It cannot be used for costs which should be covered by the Consultant as part of its fee rates, as defined above. Its use is governed by the provisions in the General Conditions and the notes in Annex V of the contract. It covers: Travel costs and subsistence allowances for missions, outside the normal place of posting, to be undertaken as part of this contract. If applicable, indicate if the provision includes costs for environmental measures, for example C02 offsetting. Car hire and related costs (e.g. fuel) for organisation of in-country field visits. The cost of regional workshop organisation includes travel, accommodation, daily allowance, workshop venue cost. The Provision for incidental expenditure for this contract is EUR 47,460. This amount must be included without modification in the Budget breakdown. Any subsistence allowances to be paid for missions undertaken as part of this contract must not exceed the per diem rates published on the Web site:
20 http://ec.europa.eu/europeaid/work/procedures/index_en.htm at the start of each such mission. 6.6 Expenditure verification The Provision for expenditure verification relates to the fees of the auditor who has been charged with the expenditure verification of this contract in order to proceed with the payment of further pre-financing instalments if any and/or interim payments if any. The Provision for expenditure verification for this contract is EUR 2,500. This amount must be included without modification in the Budget breakdown. REPORTS 7.1 Reporting requirements Please refer to Article 26 of the General Conditions. There must be a final report, a final invoice and the financial report accompanied by an expenditure verification report at the end of the period of implementation of the tasks. The draft final report must be submitted at least one month before the end of the period of implementation of the tasks. Note that these interim and final reports are additional to any required in Section 0 of these Terms of Reference. Each report shall consist of a narrative section and a financial section. The financial section must contain details of the time inputs of the experts, of the incidental expenditure and of the provision for expenditure verification. 7.2 Submission & approval of progress reports Three copies of the progress reports referred to above must be submitted to the Project Manager identified in the contract. The progress reports must be written in English. The Project Manager is responsible for approving the progress reports. MONITORING AND EVALUATION 8.1 Definition of indicators The results to be achieved by the consultant are included in section 2.3. Progress to achieving these results will be measured through the following indicators: 1. Quality of consultants fielded and speed of mobilisation to the relevant country will indicate a positive start to the assignment; 2. Number of consultations carried out in the selected countries; 3. Reported involvement of stakeholders in elaboration of model seafood safety and food production legislation; 4. Level of attendance and participation to the regional workshop; 5. Number and nature of comments received on the Draft Final Technical Report and the draft model seafood safety and food production legislation; 6. Respect of project milestones time schedule and reports time delivery.
The Consultant may suggest additional monitoring tools for the contract duration. 8.2 Special requirements Not Applicable
21 Annex 2: Interim Technical Report
22
Iterim Report : Assessment of seafood safety standards in Pacific ACP countries
Ref. CU/PE1/SI/10/003
RAPPORT
Submitted by:
23
Assessment of seafood safety standards in Pacific ACP Project Title countries Project Number CU/PE1/SI/10/003 Palau, Niue, Samoa, Timor Country Leste, Tonga
Contracting Authority EC Consultant Name IBF International Consulting 209A Avenue Louise Address B-1050 Brussels, Belgium
Tel. Number +32 2 237 09 00
Fax number +32 2 230 46 49 [email protected] E-mail
Contact persons Frédéric André, Director
Patrick Messina, Project Manager
Signatures
Date of report : 18/04/2011
Authors of report : Richard Chivers, Christine Froese
Any opinions expressed in this report remain those of the Consultant/IBF International Consulting and do not represent the opinion of the European Commission or ACP FISH 2.
24
Project Methodology
Methodology Summary
The project is to be undertaken by two food safety and legislation experts, Richard Chivers and Christine Froese.
The proposed methodology will comprise data collection, discussion of the findings with the staff and management of the fishery departments and document review. This will be followed by a comparison of each country‘s legislation and seafood standards, with those of the international markets expressed in the ToR, namely the EU, USA, Japan, Australia and New Zealand. Finally conclusions will be drawn from the data and opinions collected from informed sources and recommendations made on a way forward in terms of developing the legislative and quality standards base of the region. Methodology Details Data will be collected from: Internet search with information confirmed by stakeholders Fisheries Departments‘ Ministries of Health, Port Authorities or other ministries with interests in the export of fish Visits to landing sites Meetings with private sector Country profiles Visits to laboratories
The data collected will be discussed and analyzed through: Reference to policies Application of existing rules and proposed methods of implementation Analysis of strategies Discussion with lawyers when possible of the means for of legal drafting
The data will be finally reviewed and a gap analysis prepared with reference to EU requirements and US, Japanese, Australian and New Zealand as can best be determined from available legislation.
25
Calendar of Activities See table below for the proposed activities of both experts.
Dat Day R Chivers C Froese e
Activity People to meet Place Activity People to meet Place
30 Skype conference and Phillipe Cacaud, Home - - - mission preparation Patrick Messina base Augustine Mobiha
April
Dat Day R Chivers C Froese e
Activity People to meet Place Activity People to meet Place
7 Th Preparation for mission. - Home Preparation for - Home Data collection base mission. Data base collection
10 Su - - - Travel Samoa
11 M Travel/ Samoa meeting Euta Fa‘asili Samoa Samoa meeting with Antonio Mulipola Samoa with fisheries officers Principle Fisheries fisheries officers Asst. CEO Officer Division of Fisheries
Euta Fa‘asili Principle Fisheries Officer
12 Tu Attendance at ACP James Tafatu (Niue) Samoa Attendance at ACP James Tafatu Samoa Conference Conference (Niue) Peter Graham (Cook Meeting Islands) Meeting Peter Graham (Cook Islands) Auta Fa‘asili (Samoa Fisheries Auta Fa‘asili Department) (Samoa Fisheries Hugh Walton FFA Department) (meeting) Hugh Walton FFA (meeting)
13 W Landing site visit Ian Freeman FFA Samoa Landing site visit Ian Freeman Samoa (landing site) FFA (landing Attendance at ACP Attendance at ACP site) Conference Augustine Mobiha Conference (Regional Augustine Facilitation Unit) Mobiha (Regional
26 Dat Day R Chivers C Froese e
Activity People to meet Place Activity People to meet Place
Phillipe Cacaud Facilitation Unit) (ACP Fish II Coordinator) Phillipe Cacaud (ACP Fish II Joao Xavier Amaral. Coordinator) National Directorate of Fisheries and Joao Xavier Aquaculture Timor Amaral. Leste National Directorate of Vilimo Fakalolo Fisheries and Deputy Secretary for Aquaculture Fisheries Tonga Timor Leste
Kathleen Sisior Vilimo Fakalolo Tuna Data Manager Deputy Secretary for Fisheries Tonga
Kathleen Sisior Tuna Data Manager
14 Th Document review Hugh Walton FFA Samoa Document review Hugh Walton Samoa (meeting) FFA (meeting) Meeting Meeting
15 F Meetings Tima Tupou (Pacific Samoa Meetings Tima Tupou Samoa Islands Tuna (Pacific Islands Document review Association) Document review Tuna Association) Vilimo Fakalolo Deputy Secretary for Vilimo Fakalolo Fisheries Tonga Deputy Secretary for Fisheries Tonga
16 Sa Site visits Samoa Site visits Samoa
17 Su ______Samoa ______Samoa
18 M Site visit to processor Mr John Loff Owner Samoa Site visit to Mr John Loff Samoa Apia Export Fish processor Owner Apia Meeting with Assistant Packers Ltd Export Fish CEO Fisheries Division Meeting with Packers Ltd Antonio P Mulipola Assistant CEO Assistant Chief Fisheries Division Antonio P Executive Officer Mulipola Division of Fisheries Assistant Chief Executive Officer Division of Fisheries
19 Tu Meeting with fish Beverly Livi Samoa Meeting with fish Beverly Livi Samoa processor processor Tradewinds Fishing Tradewinds
27 Dat Day R Chivers C Froese e
Activity People to meet Place Activity People to meet Place
Document review Co Ltd Document review Fishing Co Ltd
20 W Preparation/ Workshop SROS Laboratory Samoa Preparation/ SROS Samoa Workshop Laboratory
21 Th Document review Samoa Travel Samoa
22 F Document review Samoa Document review James Tafatu, Niue Senior Fisheries Officer
23 Sa Travel Document review Niue
23 Sa Travel Palau Document review Niue
24 Su ______Palau Document review Niue
25 M Meetings Kathleen Sisior Palau Site visit Niue
Tuna Data Manager/Licensing Officer
26 Tu Document review Palau Document review Niue
27 W Document review Palau Document review Niue
28 Th Document review Palau Document review Niue
29 F Preparation and Palau Preparation and Niue workshop workshop
30 Sa Document review Palau Document review Niue
May
Dat Day R Chivers C Froese e
Activity Place Activity Place
1 Su Travel Niue
1 Su Travel Niue
2 M Travel Travel Niue
28 Dat Day R Chivers C Froese e
Activity Place Activity Place
2 M Travel Tonga Tonga
3 Tu Meetings/Document Vilimo Fakalolo Tonga Meetings/Document Vilimo Fakalolo Tonga review review Deputy Secretary for Deputy Fisheries Secretary for Fisheries
4 W Site visit/Workshop Tonga Site visit/Workshop Tonga
5 Th Travel Tonga Travel Tonga
Travel Travel
6 F Travel Travel
6 F Meetings Joao Xavier Amaral Timor Meetings Joao Xavier Timor Leste Amaral Leste National Directorate of Fisheries and National Aquaculture Directorate of Fisheries and Aquaculture
7 Sa Document review Timor Document review Timor Leste Leste
8 Su ______Timor ______Timor Leste Leste
9 M Document review Timor Document review Timor Leste Leste
10 Tu Document review Timor Document review Timor Leste Leste
11 W Site Visits Timor Site Visits Timor Leste Leste
12 Th Site Visits Timor Site Visits Timor Leste Leste
13 F Document review Timor Document review Timor Leste Leste
14 Sa Document review Timor Document review Timor Leste Leste
15 Su ______Timor ______Timor Leste Leste
16 M Document review Timor Document review Timor Leste Leste
17 Tu Preparation and Timor Preparation and Timor
29 Dat Day R Chivers C Froese e
Activity Place Activity Place
Workshop Leste Workshop Leste
17 Tu Travel Timor Travel to home base Timor Leste Leste
18 W Travel Solomons Travel to home base
18 W Travel/Meetings Hugh Walton Solomons Travel to home base
Team Leader (DevFish 2 Project)
19 Th Meetings/Wrap up Solomons Travel to home base
20 F Travel UK
21 Sa Arrive UK
22 Su ______
23 M Writing Report UK Writing Report Home base
24 Tu Writing Report UK Writing Report Home base
25 W Writing Report UK Writing Report Home base
26 Th Writing Report UK
27 F Writing Report UK
28 Sa Writing Report UK
29 Su ______
30 M Writing Report UK
30 Annex 3: Niue Island
Assessment of seafood safety standards in Pacific ACP countries
23th - 28th April 2011
31 Abbreviations
CA Competent Authority
DAFF Department of Agriculture, Forestry and Fisheries
DEVFISH Development of Tuna Fisheries in Pacific ACP Countries
EC European Commission
EEZ Exclusive Economic Zone
EU European Union
FAD Fish Aggregating Device
FAO Food and Agriculture Organization of the United Nations
FAO-SAP FAO Sub-Regional Office for the Pacific Islands
FD Fisheries Division
FFA (Pacific Islands) Forum Fisheries Agency
FVO Food and Veterinary Office
GMO Genetically modified organisms
HACCP Hazard Analysis Critical Control Points
IUU Illegal, unreported and unregulated fishing
MCS Monitoring Control Surveillance
NFP Niue Fish Processors
NMTPF National Medium Term Priority Frame Work
PIF Pacific Islands Forum
PNG Papua New Guinea
RPFS Regional Programme for Food Security (RPFS)
SPC Secretariat of the Pacific Community
SSVB Seafood Safety Verification Body
TVMA Te Vaka Moana Arrangement
UN United Nations
USA FDA United States of America Food and Drug Administration
32 WCPFC Western and Central Pacific Fisheries Commission
WHO World Health Organization
WPRO WHO Regional Office fort he Western Pacific
33 Background:
The Polynesian island of Niue is the world‘s largest uplifted coral atoll. Niue has an EEZ of around 390 000 km2 and a land area of only around 259 km2. Niue‘s EEZ borders on the Kingdom of Tonga to the west, American Samoa to the north, and the Cook Islands to the east. The length of the coastline is 64 miles with cliffs dominating along the coastline and relatively few locations for ocean access. The population of Niue continues to drop, from 5200 in 1966 to about 1 476 in mid-2010.
Niue is a self-governing nation in free association with New Zealand. The Legislative Assembly is Niue‘s supreme law-making body. The power of the Assembly to pass legislation is prescribed by the constitution. A bill becomes law when passed by the Assembly and certified by the Speaker.
The economy of Niue is dependent on limited agricultural exports and the sale of fishing rights. The gap between domestic production and demand for goods and services is very wide; the resulting trade deficit makes the economy heavily dependent on foreign aid, most of which comes from New Zealand, and remittances from Niueans living abroad. The monthly boat between New Zealand and Niue, which provides essential supplies for daily living, illustrates the country‘s isolation. Generally, services and logistics are proving very difficult; airport services and tele-communications do not perform reliably. There is a weekly return flight from New Zealand.
Fisheries
The country is a party to the UN Law of the Sea Convention, the FAO Compliance Agreement from 1993 and the UN Fish Stocks Agreement from 1995.
Fisheries in the waters of Niue are highly artisanal and remain small. Coastal fishing is primarily carried out for subsistence purposes, with some local sales. There is also some small-scale commercial fishing and sporadic offshore industrial-scale fishing. In 2002, only five people were working for pay in ―fishing, fish farms, service activities to fishing‖ (Household Income and Expenditure Survey). Annual fish landings are estimated at 200 tonnes (2007) with a value of around USD 0.4 million.
Until 2003, offshore fisheries have been undertaken on an industrial scale by locally and foreign-based vessels operation. In 2005, Niue began expanding fisheries by licensing long line vessels to fish under charter arrangement. Production from those boats reached a maximum in 2006 and early 2007 with main target species: albacore, bigeye tuna, yellow fin tuna. All catch was operated by one fish packing and processing plant. The majority of this 34 catch was exported to canneries in American Samoa (albacore). Small quantities of yellow fin and big eye were exported as chilled sashimi grade products to the USA and Hawaii, as well as frozen loins of other species to New Zealand markets and local consumption. 2007 catches taken from Niue EEZ are estimated at about 640 tonnes, worth about USD 1.6 million (provisional 2007 export data) making up over 90% of the value all exports in that year. With the closing of the processing plant and associated long line fishing activity in December 2007, the level of fish exports has fallen to zero in 2008.
Niues catch within the EEZ are limited to 2000 tonnes a year in compliance with their small island development status. Niue is not a flag state per se; it uses the registry of the Cook Islands.
Fish landings are carried out at the wharf at Alofi, the only wharf in Niue. There is no barrier reef protecting the wharf area. In major storms much of the exposed wharf equipment has been damaged and not been rebuild. Long liners, single small long liner and smaller boats all offload their catch at the Alofi wharf. The wharf appears to be one of the biggest shortcomings of Niues Fisheries activities as it is very small, shallow, subject to surge and several boats have been damaged on the surrounding reef trying to access it.
Niue has no fish processing industry. From 2005-2007, the Niue Fish Processors Ltd (NFP), a venture between the government of Niue and the Reef Group from New Zealand, operated commercial on-shore processing activities from long lined catch in Niue‘s EEZ. Based on the NFP creation all foreign commercial tuna vessels fishing in Niue‘s zone were required to offload all of their catches to the NFP plant. Only vessels that agree to these terms were licensed. The intention of NFP was that the factory would simply process and export fish on a contract basis for independent fishing boats. Since the reef Group bailed out, the Fisheries Department is actively searching for investors to reactive the fish packing plant.
Niue has no laboratories to carry out any tests related to hygiene, quality or residues of foodstuff including fish. Reportedly, the Niue hospital does some laboratory testing that might be related to medical and water testing only. In order to test for fish Niue needs to ship samples to New Zealand by weekly flights. However, samples for microbiological tests need to be tested within 12 h - 24 h after sample taking which requires good coordination in sample taking and reliable transport.
Fishery sector institutions
Responsibility for fisheries and marine resource matters falls under the jurisdiction of the Fisheries Division of the Department of Agriculture, Forestry and Fisheries (DAFF) that is headed by a fisheries specialist who is also the head of the DAFF. The Fisheries Department works under the - Domestic Fishing Act 1995, - the Domestic Fishing Regulations 1996, and the
35 - Territorial Sea and Exclusive Economic Zone Act 1996, which establish a comprehensive framework for fisheries management. Fisheries development and management is also covered under the Niue Integrated Strategic Plan.
The Fisheries Division (FD), located at the Alofi wharf, employs three officers: The head of the Division, a Principal Fisheries Officer and a MCS Fisheries officer (see Appendix 1). The FD operates under its own respective legislation, policies, and guidelines. The overall objective of the FD is to actively facilitate the utilization of Niue‘s marine resources through sustainable and environmentally sound fisheries development strategies at all levels. Activities of the FD as detailed by the DAFF corporate plan 2007-2008 are:
- Control and surveillance programs across all fisheries waters, implementing legislation, licensing and management systems - Mechanical workshop and maintenance of all devices, facilities and vehicles etc - Fisheries research and development (development plans for identified inshore and offshore fisheries, national Tuna industry development plan and activities, repair and development of the wharf infrastructure and utilities to cater for the fishing and tourist industries; further active research program into appropriate fishing technologies) - Fisheries management (management of Niue‘s inshore and offshore fisheries resources in line with national, regional and international standards, revision of Tuna and Billfish Management Plan consistent with agreed management and licensing policies, inshore community-based fisheries management plans) - Licensing and data collection (effective licensing and data collection programs for identified fisheries, report annually on fisheries data collection program (logbooks), data collection protocols for commercial long line fishery (logbooks, port sampling, offloading data, etc), Meet deadlines and reporting requirements as a member country to respective secretariats such as the WCPFC and SPC.
The Corporate Plan 2009-2013 of the Department of Agriculture, Forestry and Fisheries (Government of Niue 2009) sets seven objectives in fisheries as follows: (1) Ensuring Niue‘s inshore and offshore fisheries resources are sustainable managed in line with national, regional and international standards. (2) Adopt a strategic approach to fisheries development by way of institutionalising policies and development plans to guide private sector development and encourage employment and income generating opportunities in a sustainable manner (3) Maintain and implement development plans for identified inshore and offshore fisheries, in particular to support the national Tuna industry development plan and activities. (4) Maintain an active research program into appropriate fishing technologies such as Fish Aggregating Devices, advances in gear technology and fishing methodologies in support of local stakeholders. (5) Develop and implement effective monitoring, control and surveillance programs across all fisheries waters, legislation, and licensing and management systems. (6) Maintain and implement effective licensing and data collection programs for both offshore and inshore fisheries (7) Maintain an effective maintenance program for all department plant, vehicles, machinery, winches, FADs and moorings, as well as providing fisheries related repairs and support services for the general public.
Current activities of the FD The FD maintains an active fish aggregating device (FAD) deployment programme and pays increasing attention to the use of fisheries management plans and to the ecosystem 36 approach to fisheries management. However, since capacities are limited, both public and private sector policies related to fisheries development are progressing slowly, mainly the development and implementation of a Management and Development Plan for a designated fishery as required by the Territorial Sea and Exclusive Economic Zone Act 1996. The majority on the FD‘s current works relates to developing (and maintaining) data and reporting requirements to their secretariats. In 2007, FFA and EU/DEVFISH supported Niue in private sector/tuna value chain development. Suitable certification systems for seafood from Niue were proposed to be based on a certificate for a) general export of seafood products and b) products destined to the EU market. This required legal adjustments by the FD and the development of a CA. However, since then changes to the existing system either legally, technical or administrative have not taken place. At present Niue has no CA for fish control including a distinct service that carries out hygiene inspection of vessels and establishments based on written procedures. Former seafood exports to US and New Zealand were not certified to minimal requirements under Codex. As a main activity related to inspection, the FD reports transhipments and is checking Cook Island flagged, New Zealand owned vessels on safety aspects when offloading at Niue. All fishing vessels within Niue territorial waters are subject to the requirements of the Domestic Fishing Act 1995. The Department of Health has been working on food safety regulations for all foodstuffs including fish that consider Codex Alimentarius requirements without involving the FD in that (see below).
Main current activities of the FD summarized by the head of the FD:
- Finalise Dossier for EU to have a first mission by FVO - Reactivate fish plant - Rehabilitation of wharf; commission of a feasibility study - Develop marine tourism activities - As part of the Teka–Vahano group activities might be directed towards multi-fly licences, pooling supplies, fleets working together.
Draft legislation related to seafood standards and fisheries in Niue includes:
- Prevention of Marine Pollution Bill 1998 - The Fisheries (Vessel Monitoring System) Regulations 1999 - Declaration of Anono as a Marine Reserve Pursuant to Section 7 of the Domestic fishing act 1995 - Port State Enforcement legislation - Prohibition on Import of illegally caught fish into Niue - Biosecurity Act 2007, Draft, November 2010 - Draft Food Safety Regulations, November 2010 - Fish Processing and Export Regulations 2007, Niue - Niue Seafood Standards Council, Industry Agreed Standards, Version 1 (CMH), February 2007
Guidelines:
37 - Department of Agriculture. Fisheries and Forestry (DAFF): Seafood Safety Verification Body Management Practice
The following issues will impact on the development of further legislation:
Small EEZ with low catch capacities; catch in the EEZ is limited due to Niues small island development status. Niue is not a flag state per se; it uses the registry of the Cook Islands. Niue has no registry and cannot emit catch certificates and thus could not access the EU easily (IUU regulation) A decreasing subsistence catch with the declining population Only one wharf that needs rehabilitation and cannot be easily used for landings. It is important to note that there is reluctance to spend money on upgrading the wharf when structures could be wiped out in a cyclone. The rise and fall of locally-based longliners and tuna processing Niue is a high cost location from which to operate longline vessels; labour is scarce and expensive. The frequency of the air service has declined, further limiting the potential for chilled fish exports. Multitasking at FD, understaffed FD; FD deals more with fish resource management than with inspection and licensing: separation of inspection activities from other aspects of the FB is necessary. The head of the FD is also the head of the DAFF. Due to this limited capacities, several activities such as drafting strategies or legislation remain in limbo. Lack of understanding of the commitment needed to comply with EU export requirements. There are no laboratories in Niue. Baseline data on fish catch is not available. No Fisheries Management and Development plan; low level on cooperation between the departments related to food legislation and strategy
Institutional framework The institutional framework for food safety and food control is currently dispersed over several government divisions in Niue. The Department of Public Health is generally responsible for food safety and food control for local consumption and export (draft food safety regulations) including registration of establishments, but the safety and control of fish is the responsibility of the FD, DAFF. The DAFF is also responsible for the safety and control of import and export of foodstuffs including procedures and measures related to quarantine and export certification. In addition, both departments, Health and Agriculture, Fisheries and Forestry are responsible for setting of food standards. However, basic laws related to food safety and controls are no further specified by subsidiary regulations while draft versions are not enacted in a timely manner.
Legal framework Fisheries in Niue are regulated by the Domestic Fishing Act 1995, the Domestic Fishing Regulations 1996, and the Territorial Sea and Exclusive Economic Zone Act 1996.
The domestic Fishing Act 1995 covers: (1) protection of fish, (2) the Sunday fishing ban and (3) Safety at sea. The latter regulates vessels licensing by fisheries officers and safety equipment.
38 The Domestic Fishing Regulations 1996 regulates aspects of the 1995 Act in more detail, amongst others, on prohibited fish exports, fish size limits, fish quota limits, vessel safety equipment, annual licence fee for vessels and for requirements for vessels fishing inside Niue's territorial sea zone etc.
The Territorial Sea and Exclusive Economic Zone Act 1996 establishes a territorial sea of twelve nautical miles and a 200 nautical mile exclusive economic zone of approximately. In addition, the act covers fisheries management and licensing. The Act provides authorised officers already with powers to enter premises or vessels for examination and inquiry and to take samples (controls, inspection and conditions of operation of fish processing establishments). It further provides for making regulations that are necessary for giving effect to the provisions of the Act. This would include regulations, amongst others, on: the catching, loading, landing, handling, transhipping, transporting, possession and disposal of fish; the import, export, distribution and marketing of fish and fish products; the control, inspection and conditions of operation for fish processing establishments and the provision for the conservation, management, development, licensing and regulation of fisheries or any particular etc. However, subsidiary regulations in accordance with international standards and EU requirements are non-existent today.
Meanwhile, the Department of Health is responsible for food safety (including fish) for local consumption by national establishments including retail and catering. Legislation regulating food safety and food control comprises the Niue Island Public Health Ordinance 1965 (No. 24 of 1965), the Import Prohibition (Insecticides) Order 1964, and the Food Control Act 1981.
The Public Health Ordinance 1965 is Niue‘s basic public health law regulating matters affecting public health, food safety and quality. It includes the manufacture and sale of food. The Ordinance regulates appointment of Health and Food Inspectors, registration and control of food premises, the control of the handling of food including the manufacture, preparation, storage, packing, carriage or delivery of food for sale and the retail sale of food. It also includes requirements for food handlers and food premises related to hygiene, construction and equipment and specific requirements for fish premises. In addition, there are provisions concerning the sale of unwholesome food and unlawful handling of food and on sanitary requirements of dwellings and buildings and water supply.
The law is complemented by the Food Control Act (1981) regulating provisions to protect the public against health hazards in the sale and use of food. The Act, among others, prohibits the sale of poisonous, unwholesome or adulterated food and misleading or deceptive labelling. In addition, the Act requires any person who labels, packages, prepares sells or advertises any food to comply with prescribed food standards under the Act. It defines powers of food inspectors, and defines rules concerning the importation of food. It further regulates premises registered pursuant to section 25 of the Public Health Act 1965 that need to comply with GHP requirements.
In addition, as regards to food safety and trade, the DAFF regulates the Biosafety (Genetically Modified Organisms) Regulations 2006, the Animal Quarantine (Disease Control) Regulations 1991 and the Agriculture Quarantine Act 1984. However, this law is outdated and a new Biosecurity Act 2007 is currently in preparation; it will regulate biosecurity functions of the Government and responsibilities amongst others related to export
39 clearance and international requirements. The draft Act makes provision on the issuance of sanitary and phytosanitary certificates.
The Water Resource Act is administered by the Water and Waste Utility. However, the quality of drinking water and test parameters are not specified.
Export Licence Regulations (1966) require goods, including animals, to be exported under an export licence to be granted by the Revenue Manager.
Harmonization of legislation, current activities Activities by the FD related to export of seafood products and food safety Formatted: Font: (Default) Arial, The aim in food legislation in Niue is to harmonize the existing legal framework with EU Underline requirements and other international standards and some discrete initiatives have been employed the last years. Within DAFF (FD) proposals were submitted to align food safety frameworks related to seafood with EU and New Zealand market regulations (SPC/FAO 1998, EU/SFP 2006, FFA/DEVFISH 2007). The interventions proposed either legal adjustments to the Territorial Sea and Exclusive Economic Zone Act 1996 that already allows for the controls, inspection and conditions of operation of fish processing and/or developing a completely new act in the form of the Fish Processing and Export Regulations 2007 and Fishing Industry Agreed Standards (Niue Seafood Standards Council, Industry Agreed Standards, Version 1 (CMH), February 2007). Recommendations at that time included the establishment of a CA (the Seafood Safety and Verification Body) at the FD for enforcing seafood regulations by four inspectors acting as authorized officers. Two inspectors of the Department of Health who should support the FD in inspection were trained on HACCP and internal audits at a certified course in New Zealand.
A draft Management System ―DAFF, Seafood Safety Verification Body Management (SSVB) Practices‖ was prepared to be implemented by the CA. However, recommendations provided were not implemented, as they were a copy of the regulatory framework used by the New Zealand seafood sector and too complex for an organisation that had (at the time) only one factory. Now it has none.
In 2009, a study undertaken to explore options of exporting value added, albacore-based products to the EU and other markets (Forum Fisheries Agency study) recommended to align the regulatory framework with Codex Alimentarius guidelines to be used as the basis for an operational CA and certification for regional markets such as New Zealand, Australia and Japan either for further processing or consumption. Specific market requirements can then be clipped on that structure, such as US FDA HACCP requirements and later on EU directly or via the approved Solomon Islands and PNG canneries. A phased intervention was proposed.
In addition, the Department of Health responsibilities for public health, food safety and hygiene, recently drafted new Food Safety Regulations 2011 that will regulate and prescribe rules for those engaged in the manufacture, import, export, preparation, processing, storage, display or sale of food to protect the health of the public from unsafe food, and to protect consumers from deception and food of unacceptable and poor quality, by establishing minimum standards for food products. The Food Safety Regulations refer to modern principles of food law including the ―farm to fork‖ approach and the concepts of Pre Requisite Programs and HACCP stating further that the primary responsibility for food safety rests with
40 the food business operator. Codex Alimentarius requirements are adopted and form part of the Regulations. Limits for chemical contaminants, veterinary drugs and microbiological criteria are specified, also for fish and fish products. Amongst others the Regulations impose a standard for fish and fisheries products produced, processed, handled, kept, distributed, displayed for sale or sold in or imported into or exported from Niue to comply with, unless otherwise required by Niue‘s competent authorities (standard on frozen fish and fisheries products). Executive responsibility for application of the control system responsible for fish and fishery products for export are thus with department of health unless otherwise agreed.
Generally, definitions and other terminology in the Regulations are sometimes inconsistent and unclear and need to be improved as are requirements related to HACCP. The law does not cover inspection of vessels and refers to fish standards that are not fully compliant with EU requirements. In addition the regulations do not establish principles such as risk assessment and traceability and regulations implementing the ―hygiene package‖ are not in place. Additionally, the law is not applicable to feed, which currently seems to be an unregulated area. The Government is to decide if the law should be brought in full accordance with Regulation (EC) No. 178/2002 (the EU General Food Law) as well as various other EC Regulations including the ―hygiene package‖ over time while responsibilities for the health control of fish products and seafood safety needs to be defined.
At present, however, the law is in its draft version and if enacted will operate in line with the Public Health Act 1965 and the Food Control Act 1981. It will apply to food imported into, or produced and processed in Niue for domestic consumption or export/re-export. The food safety regulations were drafted with support by WPRO/FAOSAP/Pacific Island Forum Secretariat2. A wider consultation on the regulations, in particular with the FD did not take place. FD for the purpose of this mission got hold of the draft legislation for the first time.
2Integrated Food Standards project to strengthen capacity of the Pacific Islands Forum countries to establish and enforce internationally recognized food laws, standards and inspection procedures to promote unhindered trade in safe and wholesome food
41 Conclusions and recommendations
The following conclusions and recommendations are framed within the understanding that Niue faces a difficult period in its development of fish trade. It has very little fishing capacity, poor landing facilities, no private sector processing and a diverse system of legal controls. Set against this background, it is essential for Niue to develop achievable targets through policies and strategies and only then determine what fish export business it can expect and the official controls it needs to develop to support the industry.
1. Conclusion: Allocation of official controls over fishery products and new Food Safety Regulations The institutional framework for food safety and food control is currently dispersed between the two government departments and several divisions in Niue. The Department of Public Health is generally responsible for food safety and food control for local consumption and export but the safety and control of fish is the responsibility of the FD, DAFF. DAFF is also responsible for the safety and control of import and export of foodstuffs including procedures and measures related to quarantine and export certification. In addition, both departments are responsible for the setting of food standards.
It is generally recognized that the current system leads to fragmentation of efforts, duplication of regulatory activity and increased inefficiency and bureaucracy. To avoid this, boundaries have to be clearly identified and mandates, powers and responsibilities have to be delineated as specifically as possible. This can be accomplished either through clear assignments of authority in the primary food legislation or through carefully drafted memoranda of understanding which are agreed between and among the various government departments and government institutions involved in food control.
With enactment of the new food safety regulations there is an excellent opportunity to clearly define the tasks and responsibilities of the government institutions involved to avoid overlaps and inconsistencies in relation to other existing laws and regulations affecting food.
1.1 Recommendation: Allocation of official controls over fishery products and development of new Food Safety Regulations 1.1.1 An MoU could be drafted between the Fisheries and Health departments regarding fish certification and division of responsibilities, alternatively their delineation can be defined in the new food safety regulations. The latter is the preferred route as it will fix the division of responsibilities in department rather than sharing it between two.
If the Government of Niue requires guidance it can be provided as part of a package of assistance in drawing up the new regulations. 1.1.2 It is also recommended that any work on sanitary laws or regulations is a consultative process that includes persons from these disciplines or the local equivalent : Ministries e.g. Fisheries, Health, Trade and Commerce, Port Authority, Quarantine; lawyers, and Attorney General, private sector
2. Conclusion: Fishery development
42 The FD needs an approved strategy for fisheries development, institutionalised policies and development plans to guide private sector development and to implement a certification system tackling export markets over time as decided.
2.1 Recommendation: Fishery Development It is recommended that the Government complete, have approved and implemented the Management and Development Plan for Fishery as required by legislation; include aspects on fish export, legislative and institutional alignment over time; outline activities and develop prerequisites for fish export to be addressed first, e.g. wharf rehabilitation, staff capacities, trainings, laboratories, increased catch quota, transport, increase staff
3 Conclusion: EU market access The decision to pursue EU market access should be based on a cost benefit analysis, as recommended by FFA consultancy earlier (report Blaha, FFA). If the potential incomes justify the expenses to be incurred, the option should be pursued. However, volumes of fish to the EU would also be relatively small bearing in mind Niue‘s small EEZ and catch allowance. In reality, Niue‘s main advantage, if EU market access is achieved, would be that fish products could be eligible to the EU for further processing in another third country (PNG, Fiji), more than the direct exports to the EU.
3.1 Recommendation: EU market access Based on policy development and a cost-benefit analysis, approach the EU market step by step by developing export capacities and aligning legislation.
4 Conclusion: CA development With no fish industry in place and with the limited resources and staff capacities at the FD, EU requirements of an third country cannot be easily implemented and maintained. Approaching EU requirements on official control for seafood products needs adequate staff capacities for implementing the complex requirements, a separation of inspection activities from activities related to fisheries management, a risk-based approach on inspection and testing by a CA that operates a management system. If, in addition pre-requisites for implementing the EU requirements are not in place, such as competent inspectors, laboratory to test for and other infrastructure such as a full functional wharf, then working on legal adjustments to EU requirements for implementation alone would become a trade barrier. Exports from Niue to EU markets bear high costs due to high transport costs and fuel prices.
4.1 Recommendation: CA development Considering their limited resources it is recommended that Niue works on a strategy of how to develop their inspection system over time. Whether there really is a need for increased capacity must be an element in the equation and further inputs from donor resources should depend on there being a demonstrable route to increased fish trade (export) or income from the fish resources (licensing of vessels that require inspection).
If a route to an economically beneficial situation can be shown to exist then skills and equipment for fish inspection need to be developed, for which assistance can be sourced in the areas of: a) Inspection and certification
43 b) Training inspectors in implementing the Food Safety Regulations c) Upgrading the wharf (priority)
5 Conclusion: Testing fishery products Testing fisheries products (histamine, heavy metals, water, microbiology) remains a serious issue in Niue. EU specifies test requirements for fish and to both industry and the CA. However, Niue cannot test for foodstuffs at all and in order to implement new draft legislation related to food (including biosecurity, quarantine etc) the country would need to develop own national test capacities. Shipping samples for testing to New Zealand is not an option for microbiological testing since samples can be shipped only once per week while microbiological tests need to be tested within 12 h - 24 h after sample taking. In order to improve food control and fish inspection it is recommended to Niue (FD/department of health) to develop competence related to histamine screening and other smaller tests over time while a national laboratory should be able testing for water and swabs at minimum. However, fish samples for residues and contaminates analyses for export to EU need to be tested outside of Niue by an appropriate laboratory in New Zealand that is competent in analysing in line with EU test methods and requirements.
Niue must decide where its future in fish exporting lies and as with the issues raised above, the lack of testing facilities is another considerable barrier to trade with the EU. At this stage in its fishery trade development it appears that a regional market is the better option.
5.1 Recommendation: Testing fishery products
It is recommended that Niue does not pursue accredited laboratory facilities until such time as it has established a regional export trade
6 Conclusion: Fishery Products Standards Niue has no national guidelines with which to standardise fish handling and fish quality practices. The development of a set of standards would benefit both the inspectorate and the private sector, whether supplying the regional or EU market
6.1 Recommendation: Fishery Products Standards It is recommended that Niue produces fishery products national guidelines. Assistance may be available from the international community where such guidelines are already being used.
44 Documents reviewed for Niue - Literature used and analysed
a) Niue: National Tuna Fishery Status Report No. 18, June 2008, Draft, by Bett Molony, Oceanic Fisheries Programme, Secretariat of the Pacific Community b) DEVFISH (Development of Tuna Fisheries in Pacific ACP Countries) Project: Visits to document systems for export of seafood products in Niue Island c) DEVFISH: Follow-up visits to document systems for export of seafood products in Niue Island, 9-17th February 2007, Cushla Hogarth, Solutions in Seafood Limited d) Blaha, F. Assessing future activities necessary for Niue to attain access to the EU for fisheries products, November 2009, for FFA, Honiaria e) Government of Niue (2009): Corporate Plan 2009-2013, Department of Agriculture Forestry, Fisheries (DAFF) f) Management and Development Plan for xx Fishery (draft by James Tafatu) g) Government Corporate Plan 2007-2008, Department of Agriculture, Forestry, Fisheries & Moui Fakaniue h) National Fishery Sector Overview NIUE, FAO, May 2010 i) Country Fisheries Report – Niue, James Tafatu, Department of Agriculture, Forestry & Fisheries, Niue, July 2007 j) Te Vaka Moana Polynesian Fisheries Arrangement k) Fish Processing and Export Regulations 2007, Niue l) Niue Seafood Standards Council, Industry Agreed Standards, Version 1 (CMH), February 2007 m) Seafood Safety Verification Body Management Practice n) Legislation of Niue, see Appendix 1
45 Appendix 1 Legislative overview related to food safety
Niue Island
Title of text Abstract, comments
The Act regulates: (1) Preliminary, (2) Protection of fish, (3) Sunday fishing ban, (4) Safety at sea. The Domestic Fishing Domestic Fishing Act 1995 Act makes clear provision for the declaration of marine 10 August 1995 Consolidated: December 2006 reserves but little or no provision for the management of reserves after their establishment.
These Regulations relate to domestic fishing within the Domestic Fishing Regulations 1996 territorial waters of Niue. It consist of 12 Regulations: (1) Title and Commencement, (2) Interpretation, (3) Prohibited fish Date of text: 05 March 1996 exports, (4) Fish size limit, (5) Fish quota limits, (6) Entry into force: 5 March 1996, Destructive organisms, (7) Protected fish species, (8) Vessel except for section 8(2), (3) and (4) safety equipment, (9) Annual license fee for vessels, (10) that commenced on 1 August 1996 Vessels fishing inside Niue's territorial sea zone, (11) Vessels fishing outside Niue's territorial sea zone and (12) Reprinted edition of 1996/1 as at Measurement of crustaceans size limit. December 2006 All fishing vessels within Niue territorial waters are subject to the requirements of the Domestic Fishing Act 1995 and the Cabinet may impose any additional vessel requirements, Implements: Domestic Fishing Act fishing quotas and size limits it deems necessary. Fishing vessels operating outside Niue's territorial sea zone must 1995, December 2006 comply with the Territorial Sea and Exclusive Economic Zone Amended by: Domestic Fishing Act 1996. (Annual Fees) Regulations 2007 Descriptors (Fisheries): fishing licence; fishing licence fee; foreign fishing; size; fishing vessel; crustaceans
Territorial Sea and Exclusive The Act establishes a territorial sea and an EEZ of Niue and Economic Zone Act 1996 (Act No. regulates fisheries and the conservations of living resources 220 of 1997) in fishery waters of Niue. The Act is divided into 13 parts and An Act to make provision with 62 sections: (1) Short title and Commencement, (2) Territorial respect to the Territorial Sea of Niue Sea, (3) Exclusive Economic Zone of Niue, (4) Application, and to establish an Exclusive (5) Fisheries Management and Development, (6) Economic Zone of Niue adjacent to Unauthorised Fishing and Prohibited Fishing Methods, (7) the Territorial sea, and in exercise Access Agreement, (8) Licensing, (9) authorized officers and of the sovereign rights of Niue to observers, (10) Sale, release and forfeiture of retained make provision for the exploration property, (11) General penalty and liability, (12) Regulations, and exploitation, and conservation (13) General. The Act establishes a territorial sea of Niue of
46 Title of text Abstract, comments and management, of the resources twelve nautical miles and defines internal waters and the of the zone; and for related matters. baselines of the territorial sea. Provisions of Part II establish an EEZ of Niue of two hundred nautical miles. For reasons of Date of text: 30 April 1997 conservation or management of fish resources, the Cabinet Date of consolidation/reprint: may declare a fishery to be a designated fishery under section 12. Management and development plans shall be December 2006 prepared for such designated areas (sections 13 to 16). The Entry into force: 7 April 1997 Minister of Agriculture, Forestry and Fisheries may conclude access agreements on behalf of Niue with one or more other Implemented by: countries, taking into account requirements with respect to the contents of an agreement laid down in section 22. Whale Sanctuary Regulations 2003, Licences for fishing crafts shall be issued by the Minister in 2006 accordance with sections 27 - 35. The Director may designate one or more persons to be observers on board of Territorial Sea and Exclusive fishing crafts (section 43). Economic Zone (Beveridge Reef) Regulations 1997, 27 September Descriptors (Fisheries): basic legislation; fishery 1997 management and conservation; marine fisheries; foreign fishing; access right; fishing licence; fishing area;
enforcement/compliance; offences/penalties Amended by: Territorial Sea and Descriptors (Sea): maritime Exclusive Economic Zone (Amendment) Act 2006, 2006 Enactments specified in Schedule I are repealed. Repeals: Territorial Sea and Exclusive Economic Zone Act 1978 (No. 38 of 1978), 31 December 1987
The scope of this Act is to ensure the optimum development and use of Niue's water resources. For this purpose, the Act provides for: (a) the coordination of all activities which may influence the quality, quantity, distribution, use and Water Resources Act 1996 (No. management of water; (b) application of appropriate 209 of 1996) standards and techniques for the investigation, use, control, An Act to make provision for the protection, management and administration of water investigation, use, control, resources; (c) the proper disposal of any waste products that protection and management of will pollute our water. water. The Act consists of 31 sections divided into 8 Parts: (I) Date of text: 20 August 1996 Consolidated version of Act No. 209 Preliminary, (II) General powers of the Manager, (III) Ground of 1996 as at December 2006 water, (IV) Construction of bores, (V) Use of bores, (VI) Water supply, (VII) Regulations, (VIII) Miscellaneous. The Cabinet, the Board, the Manager and any person exercising powers pursuant to this Act shall have regard to the need to make proper provision for matters to be regulated
47 Title of text Abstract, comments
as specified in section 5. The principal public officer responsible for management and conservation is the Manager, duties of which are set out in section 6. They include: (a) the investigation and exploration of groundwater resources and the collection of data and dissemination of information relating thereto; (b) the management, conservation, protection and replenishment of water resources; (c) the construction, alteration, repair and maintenance of bores; (d) the licensing, inspection, oversight and control of the extraction and use of water from any bore; (e) the distribution and sale of water from any public water supply; (f) other duties relative to bores and the pollution of water resources and the control and administration of all public water supplies and of all water works. Section 26 sets out powers of the Health Officer in respect of water pollution that may become a threat to public health. The Cabinet may make Regulations for the purpose of carrying out the provisions of this Act in accordance with section 27. The Act is administered by the Water and Waste Utility. Descriptors (Water): basic legislation; freshwater resources management; institution; surface water; groundwater; well sinking/boreholes; water supply; waterworks; authorization/permit; sewerage; freshwater quality/freshwater pollution; water shortage/drought; offences/penalties
The objectives of this Act are to: (a) provide a mechanism for Environment Act 2003 (No. 264 of 2003) the development of environmental policy and law; (b) An Act to allow for the development establish an Environment Department; and (c) provide of environmental policy and law, to enforcement powers environment officers. The Act consists establish an Environment of 32 sections divided into 4 Parts: Preliminary (I); Department and to provide Administration (II); Enforcement (III); Miscellaneous (IV). enforcement powers to environment All persons exercising functions and powers under this Act officers. Date of text: 19 December 2003 shall take into account the basic considerations regarding Consolidated: December 2006 environmental policy set out in section 4. The Environment Department is established under section 5. It shall administer and implement this Act, formulate environmental policy, carry out environment impact assessment and carry out other Implemented by: functions regarding environment protection and nature - Biosafety (Genetically Modified conservation as set out in section 6. There shall be a Director Organisms) Regulations 2006, of the Environment who shall principally oversee operations December 2006 of the Department and further carry out other functions set out in section 9. The Minister may, pursuant to section 11, - Environment (Amendment) Act appoint Environment Officers, including police officers, 2007 (No. 290 of 2007), 2007 quarantine officers, fisheries officers and public health - Ozone Layer Protection inspectors. A National Council for Sustainable Development Regulations 2007, 2007 is established under section 15. The Council shall act as an 48 Title of text Abstract, comments
advisory body to the Minister. Section 20 provides for civil claims in relation with environmental damage. Section 22 and following define environmental offences. Descriptors (Environment gen.): basic legislation; institution; EIA; liability/compensation; environmental planning; enforcement/compliance; offences/penalties
Environment (Amendment) Act This Act amends the Environment Act 2003 by specifying 2007 (No. 290 of 2007) functions of the Environment Department in relation to An Act to amend the Environment international conventions and in relation with the Environment Act 2003 Council. Sections 17, 28 (1) and (2), 29 (4) and the Schedule Date of text: 2007 clauses 2 and 6. Implements: Environment Act 2003 Descriptors (Environment gen): institution (No. 264 of 2003 ), December 2006 These Regulations provide for the implementation of the Cartagena Protocol on Biosafety to the Convention on Biological Diversity and provides rules relative to the handling Biosafety (Genetically Modified (importation, exportation, development, contained use and Organisms) Regulations 2006 testing) of genetically modified organisms (GMO's). Handling Date of text: 04 July 2006 December 2006. of GMO's shall be controlled by the Environment Council. Niue Consolidated Subsidiary Rules also concern unintentional releases and transboundary Legislation. movements. The Environment Department shall be the National Focal Point for all purpose associated with the Implements: Environment Act 2003 Cartagena Protocol. (No. 264 of 2003), December 2006 Descriptors (Agriculture): international trade; Cartagena Protocol on Biosafety to authorization/permit the Convention on Biological Diversity Descriptors (Environment gen.): biosafety; GMO; precautionary principle; institution; inspection; international agreement-implementation; offences/penalties
Niue Island Public Health The Ordinance contains provisions regulating matters Ordinance 1965 (No. 24 of 1965) affecting public health in Niue, including: the manufacture Date of text: 29 January 1965 and sale of food, sanitation of buildings and surrounding land and water supply. It contains 11 parts and 74 sections: (I) An Ordinance to consolidate and Preliminary (Sections 1 - 3), (II) Administration of Public amend various Ordinances relating Health (Sections 4 - 7), (III) Quarantine (Sections 8 - 10), (IV) to Public Health. Notifiable infectious diseases (Sections 11 - 16), (V) Care of The following Ordinances are Sick Persons other than in Hospital (Sections 17 - 22), (VI) repealed: Manufacture and Sale of Food (Sections 23 -39), (VII) - the Niue Sanitation Ordinance Sanitation (Buildings and Dwellings, Sections 40 - 49.), (VIII) 1918, No.12, Mosquito Control (Sections 50 - 53), (IX) Water Supply - the Public Health Ordinance 1919, (Sections 54 – 59), (X) Methylated Spirit (Sections 60 to 61), No.15; - the Niue Water-Supply Ordinance (XI) Miscellaneous Provisions (Sections 62 - 74.). The 1923, No.20; Department of Health implements the Ordinance. The - the Niue Water-Supply Ordinance makes provision for the appointment of Inspectors
49 Title of text Abstract, comments
Amendment Ordinance 1926, of Health and of Food Inspectors. Part VI provides for the No.26; registration and control of food premises and for the control - the Niue Methylated Spirits of the handling of food including the manufacture, Ordinance 1950, No.43; preparation, storage, packing, carriage or delivery of food for - the Niue Mosquito Control Ordinance 1950, No.44; sale and the retail sale of food. The Ordinance prescribes - the Contagious and Infectious requirements for food handlers and for food premises with Disease Ordinance 1955, No.46; regard to hygiene, construction and equipment. It also - the Manufacture and Sale of Food prescribes requirements for specific classes of food premises Ordinance 1955, No.47; and including fish. Some provisions concern the sale of - the Manufacture and Sale of Food unwholesome food and unlawful handling of food. Closing Amendment Ordinance 1956, No.53 Orders and Demolition Orders may also be applied to food premises. The ordinance provides for the protection and control of water supply for domestic purposes. Descriptors (Food): food quality control/food safety; hygiene/sanitary procedures; fraud/deceit/adulteration Descriptors (Water): water supply; sewerage Descriptors (Waste & hazardous substances): pollution control
This Order stipulates that the importation of the insecticides specified in the Schedule is prohibited, except with the Import Prohibition (Insecticides) consent of the Minister of Customs and subject to such Order 1964 conditions as he or she thinks fit to impose. Date of text: 30 November 1964 Consolidated version: 2006 Descriptors (Cultivated plants): pesticides; international trade; authorization/permit
This Act introduces measures and requirements regarding the importation and placing on the market of food for the protection of consumers and public health. The Act, among other things, prohibits the sale of poisonous, Food Control Act 1981 unwholesome or adulterated food and misleading or An Act to protect the public against deceptive labelling. In addition, the Act requires any person health hazards in the sale and use who labels, packages, prepares, sells or advertises any food of food to supplement the public to comply with food standards prescribed under this Act by Health Act 1965. the Cabinet, defines powers of the Director of Health and Date of text: 18 December 1981 Consolidated version: December food inspectors, prescribes medical examination for persons 2006 handling food and defines rules concerning the importation of Reprinted version of Act 1981/70 as food. at December 2006 Descriptors (Food): basic legislation; food quality control/food safety; hygiene/sanitary procedures; packaging/labelling; inspection; international trade; inspection; offences/penalties
Agriculture Quarantine Act 1984 An Act to make provision for the This Act makes provision for the protection of animals and protection of plants and animals plants by defining quarantine measures and other measures 50 Title of text Abstract, comments
Date of text: 12 February 1985 in relation with control of diseases affecting animals and Date of consolidation: December plants. The Act applies to any living or dead member of the 2006 animal kingdom and to the egg or semen or larva or embryo or the carcase of or tissue derived from an animal and to any Implemented by: plant and plant material. The Act provides for the appointment of Quarantine Officers Plant Quarantine Regulations 1985, and defines their functions and powers. The Cabinet may December 2006 establish quarantine stations, which shall be under the Agriculture Quarantine (Prevention control of the Director of Agriculture. The Act further, among of Animal Disease) Regulations other things, defines restrictions on the importation or 1991, December 2006 introduction of any animal, animal product, plant, plant material or organism or biological product or goods or Animal Quarantine (Disease packing material, provides for enforcement and defines Control) Regulations 1991, measures of disease control such as notification, declaration December 2006 of infected places and designation of disease control areas. Descriptors (Livestock): animal health; pests/diseases; inspection Descriptors (Cultivated plants): plant protection; quarantine; international
Agriculture Quarantine (Prevention These Regulations, made under the Agriculture Quarantine of Animal Disease Regulations) Act 1984, regulate the entry of animals, animal semen or ova, 1991 biological product, or organism into Niue. The Regulations Date of text: 01 September 1991 provide for inspection, quarantine, disinfection, application for Consolidated version: December 2006 and granting of import permits, etc. Descriptors (Livestock): animal health; quarantine; Implements: Agriculture Quarantine international trade; inspection; offences/penalties Act 1984 Animal Quarantine (Disease These Regulations, made under the Agriculture Quarantine Control) Regulations 1991 Act 1984, provide rules for the control of diseases affecting Date of text: 01 September 1991 animals. They specify powers of the Director of Agriculture, Consolidated version: December authorized officers and the Minister of Agriculture to prevent 2006. the spreading of endemic or foreign disease or pest. Descriptors (Livestock): animal health; quarantine; Implements: Agriculture Quarantine international trade; inspection; offences/penalties Act 1984, December 2006 Niue (Amendment - Animals) Act The sections here replaced deal with trespass of animals on 1998 (No. 232) land or straying and the prohibition of cruelty to animals. An Act to repeal and replace sections 219 and 226 of the Niue Descriptors (Livestock): grazing/transhumance; animal Act 1966 welfare; offences/penalties Date of text: 03 June 1998 Biosecurity Act 2007 The draft Act provides for provisions to prevent the entry of animal and plant pests and diseases into Niue; to control A Bill for an act to prevent the entry their establishment and spread in Niue; to facilitate of animal and plant pests and international cooperation in respect of animal and plant 51 Title of text Abstract, comments diseases into Niue; to control their diseases and to make ancillary and related provisions. It establishment and spread in Niue; consist of 12 parts and 97 sections: (1) General, (2) Border to facilitate international cooperation control, (3) Vessels and aircraft, (4) Import procedures, (5) in respect of animal and plant Export procedures, (6) Quarantine, (7) Powers of Biosecurity diseases and to make ancillary and Officers (including powers for entry, inspection, testing, taking related provisions. of samples, destruction of articles, post mortem examination of an animal amongst others), (8) Internal control including Draft version: November 2007 pest and disease surveys, pest-free controlled areas amongst others, (9) The Niue Biosecurity Service (including appointment, functions, bio security register and records Repeals: etc), (10) Administration of the Act (including bio security The Agriculture Quarantine Act advisory, consultation and outsourcing, international 1984 cooperation), (11) Offences and Penalties, 12) Miscellaneous Provisions (like policies, regulations) and Schedule.
The draft act makes provision to export inspection of outgoing articles, for export clearance to a receiving country that requires a sanitary or phytosanitary certificate for importation, the issuance of sanitary and phytosanitary certificates by biosecurity officer who ascertain the certification requirements of the receiving country perform appropriate inspection and apply appropriate measures to the article as required by the receiving country. The draft aims to regulate export specifications by the Director in respect of outgoing animals or plants, or their products, any measures, in addition to certification requirements of the receiving country that must be applied to the animal, plant or product before export.
Pursuant to section 12, Food Control Act 1981, the Cabinet regulates in seven (7) parts and by 7 schedules food safety and food control: (1) Preliminary regulates definitions, principles (farm-to-fork etc), purpose and scope (including export of food), (II) Food Safety and Hygiene Regulations in relation with the Public Health Act 1965 refers to requirements for premises and facilities of food businesses in 35 aspects (structural conditions premises, temperature Niue Draft Food Safety Regulations control, water, equipment, etc), (3) General Food Standard Date of text: November 2010 refers to application of Codex and provides for limits on contaminants and residues, for microbiological criteria, food additives and nutrient supplements, (4) Labelling, Packaging and Claim is regulating mentioned aspects, (5) Commodity Standards is regulating aspects on certain commodities including Fish and Fisheries Products produced, processed, handled, kept, distributed, displayed for sale or sold in or imported into or exported from Niue that shall comply with the
52 Title of text Abstract, comments
requirements prescribed in Schedule 7, unless otherwise required by Niue‘s competent authorities; (6) Imported Food regulates requirements including inspection, testing and certification, (7) Records. The regulations provides for 9 schedules: 1. Standards for occasional food premises, 2. maximum permitted levels of chemical contaminants, 3. maximum limits on microbiological contaminants in food, 4. table of conditions for nutrients content claims, 5. standards on meat and meat products, 6. standards on poultry, poultry products and eggs, 7. standards on fish and fisheries products, 8. standards on cereals and cereal products, 9. standard on salt.
These Regulations require goods, including animals, to be Export Licences Regulations exported under an export licence to be granted by the 1966 Revenue Manager. There shall be a right of appeal to the Date of text: 08 June 1966 Minister from any decision of the Manager under these December 2006 Regulations. Niue Consolidated Subsidiary Descriptors (Livestock): animal production Legislation Descriptors (Food): international trade; authorization/permit
53 Appendix 2: Legislations Governing Niue Fisheries (from James Tafatu)
National Legislation:
. Domestic Fishing Act 1995 . Domestic Fishing Regulations 1996 . Territorial Sea and Economic Exclusive Economic Zone Act 1997
Organisations with which Niue has association:
. Pacific Islands Forum . Forum Fisheries Agency . Pacific Community . Western and Central Pacific Fisheries Commission . South Pacific Designated Whale Sanctuary (??) . SPC . SPREP
Signatory of:
. United Nations Convention of the Law of the Sea (Signed 05/12/1984) . Agreement for the Implementation of the Provisions of the Convention on the Law of the sea relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks (04/12/1995)
Party to: . Treaty on Fisheries between the Governments of Certain Pacific Island States and the Government of the United States of America . Wellington Convention for the Prohibitation of Fishing with Long Driftnets in the South Pacific (29/11/1989) . US Tuna Treaty . South Pacific Forum Fisheries Agency Convention 1977
And Depositary of:
. The Niue Treaty on Cooperation in Fisheries Surveillance and Law Enforcement in the South Pacific Region
Regional Policies:
. Regional Minimum Terms and Conditions for Licensing . FAO Model Scheme on Port State Measures
54 Appendix 3: Gap Analysis
Gap analysis comparing equivalence of Niue and EU legislation
Fish Hygiene legislation - Definition of the control system3 EC requirement Source in EC legislation Country requirement Action needed, comments
Nomination of the Competent Article 4 (Designation of competent authorities Not present Legislation should address Authority and operational criteria and operational Criteria) Regulation (EC) No 882/2004 of 29 April 2004 on official controls Strategy and timed action plan on performed to ensure the verification of implementation of the CA and its compliance with feed and food law, animal health operation and animal welfare rules
Definition of system of approval Article 4. Registration and approval of Registration and approval of food/fish A system is defined for national food for establishments establishments of Regulation (EC) No 853/2004 premises regulated in Part VI: Manufacture including fish establishments however of the European Parliament and of the Council of and Sale of Food of the Public Health excluding export; 29 April 2004 laying down specific hygiene rules Ordinance 1965 (registration, general and for food of animal origin special requirements for fish). New draft food safety regulations address GHP requirements for national businesses The draft Niue Food safety Regulations 2011 to operate and export requirements. The complements premises registration draft food safety regulations need to be requirements of section 25 of the Public amended on EU requirements for fish Health Act 1965 under Food Safety and import Hygiene Obligations (general obligations and Some species/products are in practice not Comment [d1]: No export? exemptions and relationship with the Public specifically covered by the controls (shark Health Act 1965) and requires for fins, sea cucumbers) and may need to be establishments to operate in Niue to be explicitly included registered pursuant to section 25 of the Public Health Act 1965. The draft further regulates that all food business operators apply good
3 Selected; for further details on the whole requirements see the applicable legislative text
55 EC requirement Source in EC legislation Country requirement Action needed, comments
hygienic practices along the production chain that are under their control. Food premises Comment [d2]: No export? must also comply with the applicable food safety requirements in Part 6 of the Public Health Act 1965, and any other part of that Act that apply to them. Definition of technical conditions Chapter III: Requirements for establishments, Definitions by Public Health Ordinance 1965 Current legislation lacks specific for approval of establishments including vessels, handling fishery products of (Section III - Provisions covering all classes of expression of technical conditions for (physical plants and working Section VIII: Fishery products, of the Annex to Food Premises, Section IV - Special classes of export approval EU. Food Control Act practices) including HACCP regulation 853/2003. food premises, Part VII Sanitation, Part IX 1981 provides for further regulations while Water supply the draft Food Safety Regulations express the ―farm to fork‖ principle and refer to Draft Niue Food Safety Regulations 2011 Good Hygiene Practices and Codex introduce good hygienic practices (General Alimentarius requirements establishing requirements for premises and facilities of export requirements for fish. The food businesses) farm to fork. Food premises requirements described are not fully EU- Comment [d3]: No export? must also comply with food safety compliant requirements in Part 6 of the Public Health Act 1965, and any other part of that Act that apply to them. Further the draft adopts all relevant Codex standards; for fish and fisheries products a separate standard on fish and fisheries products is introduced (Schedule 7) that applies to export, unless otherwise required by Niue’s competent authorities.
Requirement for traceability Article 18 of Regulation 178/2002 Not present Legislation should address
Requirements for approval and Domestic Fishing Act 1995, Part 4: Safety at Licensing of boats is based on minimum registration of vessels? sea provides for procedures for issuance requirements of safety that are not further licences for boats only described
The Territorial Sea and EEZ Act 1996 makes Structural and hygiene requirements in provisions for vessel licensing and conditions line with EU requirements need to be
56 EC requirement Source in EC legislation Country requirement Action needed, comments
referring as to sanitary conditions addressed
Requirement for inspection of Chapter I: Requirements for vessels of section Domestic Fishing Act 1995, Part 4: Safety at Structural and hygiene requirements are fishing vessels VIII: Fishery products, of the Annex to Regulation sea refers to ―boat must meet minimum not included or defined 853/2003. requirements for safety‖ only. Legislation should address The Territorial Sea and EEZ Act 1996 regulates that authorised officers make any examination and inquiry that the officer thinks necessary about any premises, vessel, vehicle or aircraft in relation to which any of the
powers conferred by this section have been or may be exercised, and take samples of any fish or fish product found in or on the premises, vessel, vehicle or aircraft
Requirement for inspection of fish Chapter II: Requirements during and after landing Not present Legislation should address landing sites of Section VIII: Fishery products, of the Annex to Regulation 853/2004 (Annex III: Specific Only primary producers that comply with requirements, Section VIII: Fishery products, the general and specific EU criteria shall Chapter V: Health standards for fishery be allowed to supply factories that export to EU. Fishing vessels and aquaculture products). farms are primary producers that shall be registered in a national register. Criteria to comply with for fishing vessels are in Regulation (EC) 852/2004, Annex I and Regulation (EC) 853/2004 Annex III, section VIII. Criteria to comply with for aquaculture establishments are in Regulation (EC) 852/2004, Annex I for general hygiene, use of medicines and use of feed (see also the question below). Requirement for organoleptic Commission Regulation (EC) No. 2074/2005 of 5 Not present Legislation should address EU inspection of fishery products and December 2005 laying down implementing requirements parasite checks measures for certain products under Regulation Parasite checks are regulated by Draft Niue No 853/2004, 854/2004, 882/2004 and amending Food Safety Regulations 2011 (Standard on
57 EC requirement Source in EC legislation Country requirement Action needed, comments
Regulations 853/2004 and 854/2004 Fish and Fishery Products)
Monitoring of residues and Chapter II: Official controls of fishery products of Not present Legislation should address contaminants in fishery products the Annex to Regulation 854/2004 of 29 April 2004.
Monitoring of harvest areas for Chapter of Section VII Live bivalve molluscs of Not present Address if required for export of tunicates the production of bivalve the Annex to Regulation 853/2004 for human consumption molluscs, gastropods, tunicates and echninoderms
Powers of inspectors Regulation 882/2004 Part 9: Authorised Officers and Observers of Powers for inspection to inspect fishing the Territorial Sea and EEZ Act 1997 provides vessels and fish establishments are powers to authorised officers to make any regulated under law of the Department of examination and inquiry….about Health and the DAFF/FD
any premises, vessel, vehicle or aircraft in Export of fish products are not specifically relation to powers conferred …and take addressed samples of any fish or fish product found in or on the premises, vessel, vehicle or aircraft
The Public Health Ordinance 1965 provides powers to Chief Medical Officer and duty of Police to assist to enter at all reasonable times any dwelling, building, land, or any other premises or place and inspect the same and to execute thereon any works authorised under or pursuant of the Ordinance
Part 5 on Administration of the Food Control Act 1981 provides powers of entry by Inspectors (13 Powers of Inspectors) to enter any premises …and to examine article and take samples further to stop or search or
58 EC requirement Source in EC legislation Country requirement Action needed, comments
detain any aircraft, ship or vehicle for examination of articles subject to the Act and taking samples
The Quarantine Act that gives powers to Inspectors related to export certification and inspection, sample taking
Food safety conditions applied to marine capture fishery products for human consumption- fish hygiene legislation technical requirements
EC requirement Source in EC legislation Country requirement Action needed, comments
Requirements for potable water Directive 98/83/EC of 3 November 1998 on the Public Health Ordinance, IX: Water Supply Legislation should address and quality quality of water intended for human consumption, regulates protection and control of water supply harmonise water quality standards as amended by Regulation 1882/2003. for domestic purposes; they do not provide for drinking water standards Not all parameters covered by 98/83 are Refer also to Commission Note ―Check of water: specified by WHO; some parameters Commission technical notes on water quality for Draft Niue Food Safety Regulations 2011 specified require different standards fish processing establishments‖. defines potable water and standards of portability that are referring to the "International Standards on Drinking Water" of the World Health Organization. Food businesses shall have adequate potable water (ice) available to ensure the safety of food.
Prohibited fish species Chapter V of the regulation 853/2004: Health No requirements specified Legislation should address standards for fishery products e.g. harmful to human health
Section VIII: Fishery products, of the Annex to Fishery products derived from poisonous Regulation 853/2004 fish of the following families must not be placed on the market: Tetraodontidae,
Molidae, Diodontidae and
59 EC requirement Source in EC legislation Country requirement Action needed, comments
Canthigasteridae.
Fishery products containing biotoxins such as ciguatoxin or muscle-paralysing toxins must not be placed on the
market. Fishery products derived from bivalve molluscs, echinoderms, tunicates and marine gastropods may be placed on the market if they have been produced in accordance with Section VII and comply with the standards laid down in Chapter V, point 2, of that section.
Area control system for monitoring Annex II Live bivalve molluscs No requirements specified Commercial harvest of tunicates for and closure of bivalve and export for human consumption requires gastropod molluscs, tunicates Chapter II: Official controls concerning live establishment of a monitoring system bivalve molluscs from classified production areas of the Annex to Regulation 854/2004.
Requirement that testing Article 12 of Regulation 882/2004 on official No requirements specified Legislation is required laboratories for official control be controls performed to ensure the verification of accredited to ISO 17025 compliance with feed and food law, animal health and animal welfare rules
Microbiological criteria for fishery Microbiological standards for fishery products Not specified Legislation needs to address EU export products (including histamine (including histamine) along with sampling requirements for histamine and content) requirements are set out in Commission Draft niue food safety regulations 2011 are microbiological criteria for fish and Regulation (EC) No 2073/2005 of 15 November specifying microbiological criteria in line with fisheries products and hygiene 2005 on microbiological criteria for foodstuffs codex alimentarius for certain species and requirements during production. This preparations, see schedule 3 on maximum relates also to sampling plans, test limits on microbiological contaminants in foods methods, control of the process hygiene and schedule 7. Histamine is regulated. and performance criteria.
Sulphite content of crustacea European Parliament and Council Directive No No provisions are made to export of fish and Law should be modified to permit 95/2/EC of 20 February 1995 on food additives sodium, potassium and calcium sulphites
60 EC requirement Source in EC legislation Country requirement Action needed, comments
other than colours and sweeteners fishery products and bisulphites to be applied to a limit of 150 mg/kg in edible part of the raw flesh Under Niue Food Safety Regulation Draft 2011 of crustacean and cephalopod molluscs additives are not allowed in food imported or sold in Niue unless permitted by the Regulation
Heavy metal limits for Cd, Pb and Regulation (EC) No. 315/93 of 8 February 1993 Not addressed Amendments to the food safety draft Hg laying down Community procedures for regulations should reflect EU contaminants in food requirements
Regulation (EC) No. 1881/2006 of 19 December Draft Niue Food Safety Regulations 2011 (Part 2006 setting maximum levels for certain 3 - General food standards, 37 General limits contaminants in foodstuffs establishes maximum on contaminants in schedule 2) sets the levels for cadmium, mercury, inorganic tin, 3- maximum residue levels of Hg in defined MCPD and benzo(a)pyrene in certain foodstuffs species with 1,0 mg/kg (others 0,5 mg/kg), Pb in muscle meat of fish with 0,2 mg/kg (others Regulation (EC) No. 629/2008 of 2 July 2008 0,4 -0,5 -1) and Cd with 0,05 mg/kg in muscle amending Regulation (EC) No 1881/2006 setting meat of fish (others 0,1 - 0,5 -1). maximum levels for certain contaminants in foodstuffs
Sampling and analytical methods Commission Regulation (EC) No. 333/2007 of 28 No requirements specified to export of food Legislation is required applied by laboratories for heavy March 2007 laying down methods of sampling metals and analysis for the official control of the levels of lead, cadmium, mercury, inorganic tin, 3-MCPD and benzo(a)pyrene in foodstuffs
Maximum residue limits for Commission Regulation (EC) No 1881/2006 of No requirements specified Legislation is required and needs to be Dioxins and dioxin-like PCBs, and 19 December 2006 setting maximum levels for adapted to EU requirements PAHs in fishery products certain contaminants in foodstuffs Draft Niue Food Safety Regulations 2011 (in 37 General limits on contaminants and schedule 2) sets limits for formaldehyde in smoked fish and for 1,3-dichloro-2-propanol in acid hydrolyzed foods, fish sauces
Sampling and analytical methods Commission Regulation (EC) No 1883/2006 of No requirements specified Legislation is required applied by laboratories, for 19 December 2006 laying down methods of
61 EC requirement Source in EC legislation Country requirement Action needed, comments analysis of dioxins and dioxin-like sampling and analysis for the official control of PCBs levels of dioxins and dioxin-like PCBs in certain foodstuffs
Chemical checks on freshness - Regulation (EC) No 2074/2005 xxx laying down No requirements specified Legislation required TVB-N - where organoleptic implementing measures of certain products assessment has raised doubts as under regulation (EC) no 853/2004 to freshness of certain fish species Regulation (EC) No 1022/2008 amending regulation No 2074/2005 as regards to the total volatile basic nitrogen (TVB-N) limits
Maximum limits in bivalve and Chapter of Section VII Live bivalve molluscs of No requirements specified May be required for export of tunicates gastropod molluscs, tunicates and the Annex to Regulation 853/2004. for human consumption echinoderms of paralytic shellfish poison (PSP), amnesic shellfish poison (ASP), okadaic acid, dinophysistoxins and pectenotoxins yessotoxins azaspiracids
Food safety requirements for Aquaculture products - Aquaculture residue control legislation
EC requirement Source in EC legislation ´Country requirement Comments
System of approval for Council Regulation 2377/90 laying down a Not addressed Legislation required registration, controls on import, Community procedure for the establishment of and production of maximum residue limits of veterinary medicinal pharmacologically active products in foodstuffs of animal origin substances used for the veterinary treatment of animals which are
62 EC requirement Source in EC legislation ´Country requirement Comments used for human food
Prohibition of use of stilbenes and Article 11 (2) of Council Directive 96/22/EC of 29 Not addressed Banned substances for veterinary thyrostats, and limitation of use of April 1996 concerning the prohibition on the use applications should be regulated as a steroid hormones and beta- in stockfarming of certain substances having a negative list. agonists hormonal or thyrostatic action and of beta- agonists and
Directive 003/74/EC of the European Parliament and the Council of 22 September 2003 amending Council Directive 96/22/EC concerning the prohibition on the use in stockfarming of certain substances having a hormonal or thyrostatic action and of beta-agonists
Regulations governing distribution Article 7 (indent 1) of Council Directive 96/23/EC Not addressed Regulations required to require of controlled compounds, their requires a third country to provide a description prescription under veterinary prescription and use in animal of the legislation governing the authorisation, supervision), storage and stock controls production for human consumption distribution and use of veterinary medicinal on farm, record keeping of medicinal products; However such provisions within the applications on farm, separation of Community are not harmonised treated and non-treated animals, holding of treated animals for withdrawal period prior to slaughter and information and communication requirements in respect of animals sold before the end of the withdrawal period.
Residue monitoring system Article 4 and Article 7 of Council Directive No requirement in place Should be required in regulations 96/23/EC of 29 April 1996 on measures to monitor certain substances and residues thereof in live animals and animal products which defines sampling requirements and tests to be undertaken in respect of aquaculture animals.
63 Requirements applying to transhipment and third country vessels- provisions for inspection of vessels flagged by another state
EC requirement Source in EC legislation Country requirement Comments
Inspection of vessels flagged by Article 18 Regulation 854/2004 allows inspection No specific powers given in respect of the third There is a need to a) define powers in another third country by the CA of a vessel listed by another 3rd country vessels. No provision for MoU to allow respect of conditions (e.g. requirement country. such inspections beyond the jurisdiction of the to inspect) when requested for issue of CA health certificate and b) define powers in respect of inspection of reefer vessels c) provide for development of MoU in respect of inspection of vessels flagged by another third country
64
Appendix 4: Policies, strategies by the Niue government
Niue: General Fisheries development and management (Draft as of 26 August 2004) The development and management of the marine resources within Niue falls under the jurisdiction of the Fisheries Division of the Ministry of Agriculture, Forestry and Fisheries. The Fisheries Department works under the Domestic Fishing Act 1995, the Domestic Fishing Regulations 1996, and the Territorial Sea and Exclusive Economic Zone Act 1996, which establish a comprehensive framework for fisheries management. The fisheries legislation is currently being reviewed to improve its application, especially in regard to Niue‘s responsibility under international conventions to which it is a signatory. Fisheries development and management is also covered under the Niue Integrated Strategic Plan 2003 to 2008. The strategic objectives, guiding principles and strategy for economic development and the environment are:
1) Financial Stability: 2) Governance: Provide governance that is stable, transparent and accountable. 3) Economic Development: Maximise benefits from Niue's resources in a sustainable manner. 4) Social: Enjoying a lifestyle of a thriving, educated and healthy community that has access to a wide range of quality social infrastructure, services and development opportunities. 5) Environment: Sustainable management of Niue's natural resources for future generations.
Government and private sector policies and development strategies Government of Niue (2009): Corporate Plan 2009-2013, Department of Agriculture Forestry, Fisheries (DAFF) The Corporate Plan under its mission statement of the Fisheries Division to ―Actively facilitate the utilization of Niue‘s marine resources through sustainable and environmentally sound fisheries development strategies at all levels‖ sets seven objectives in fisheries:
(1) Sustainable management of Niue‘s inshore and offshore fisheries resources in line with national, regional and international standards. (2) Adopting a strategic approach to fisheries development by way of institutionalising policies and development plans to guide private sector development and encourage employment and income generating opportunities in a sustainable manner (3): Maintain and implement development plans for identified inshore and offshore fisheries, in particular to support the national Tuna industry development plan and activities. (4): Research program (fishing technologies, advances in gear technology and fishing methodologies) in support of local stakeholders. (5): Develop and implement effective monitoring, control and surveillance programs across all fisheries waters, legislation, and licensing and management systems. (6): Effective licensing and data collection programs for offshore and inshore fisheries
65 (7): Maintain an effective maintenance program for all department plant, vehicles, machinery, winches, FADs and moorings, as well as providing fisheries related repairs and support services for the general public.
Strategies applicable to the fisheries development by the Corporate Plan 2009-2013 are: - Develop and implement a National Fisheries Management and Development Plan and ensure it aligns with the ecosystem approach to fisheries management. - Ensure the principles of the ecosystem approach to fisheries management is institutionalised and applied to the development of fisheries management and development plans. - Assist in the repair and development of the wharf infrastructure and utilities to cater for the fishing and tourist industries. - Pursue the re-establishment of the Government fishing joint venture. - Update the infrastructure and services report aimed at enhancing the operating environment for commercial longline fisheries. - Develop the sport fishery in support of tourism development. - Strengthen the implementation of the Niue FAD Program in support of local fishermen and ensuring the protection of food and nutritional security. - Maintain and strengthen the deployment, maintenance and research into FAD developments to maximise the domestic fishing production of the pelagic fishery. - Develop and institutionalise a National Vaka Program dedicated to ensuring the traditional practise and methods of fishing are maintained
Nearshore domestic fisheries development and/or management plans and strategies The Fisheries Division is working towards the drafting and implementation of development and management plans for many of the domestic fisheries. The management of the tuna resource in the waters of Niue is very important to the government. At present tuna fishing is mainly conducted by foreign fishing vessels, licensed to fish under access agreements. To manage the tuna fishery, the Fisheries Department drafted and implemented a Niuean National Management and Development Plan for the Tuna and Billfish Fishery (Fisheries Department 1998) in 1998.
Tuna conservation, management and development are guided by the National Tuna Fishery Management Plan. The Niuean National Management Plan for the Coastal Fishery with objectives as stated in the Tuna and Billfish Fishery Plan are to (Fisheries Department 1998): Ensure that the utilisation of the tuna, billfish and wahoo stocks in the fishery waters of Niue is consistent with the sustainable utilisation of these stocks in their entirety; Eliminate illegal fishing activity in the fishery waters of Niue; Maximise benefits to Niue, including economic and social, from the long-term sustainable utilisation of its tuna and billfish resources; Minimise any adverse interactions between fisheries, in particular, between the large- scale commercial industry and the small-scale commercial, subsistence, charter or recreational fishers;
66 Minimise the impact of target fishing on both the marine environment and bycatch species; Identify and secure funding to support the development and implementation of management measures to pursue the objectives of the Plan; Assist to fulfil regional and international obligations regarding the conservation and management of highly migratory fish stocks in Niue's fishery waters; and Ensure that all activities undertaken as part of this Tuna and Billfish Fishery Plan are implemented and administered efficiently and cost-effectively.
The Tuna and Billfish Management Plan is being currently overworked and will become the Management and Development Plan for Niue Fishery. The Plan sets out the rules and management measures applicable to: i) The commercial longline fishery, which includes domestic and foreign vessels fishing in the Niue EEZ and on the high seas. ii) The artisanal fishery, which includes canoe and dinghy fishing for pelagic and demersal fish species. iii) The sport fishery, being any fishing method where customers pay the boat owner to take them fishing. The Plan will pursue the following objectives through the management of fishing: iv) Protecting the continuation of the canoe fishery as an important cultural, social and economic activity. v) Ensuring the sustainable utilisation of fish species taken in the fishery in accordance with Niue‘s national aspirations and international rights and obligations. vi) Promoting integrated development to maximise the social, cultural and economic benefits that accrue to Niueans as a result of the fishery, including through contribution to food security, tourism and general economic turnover. vii) Minimising negative social impacts that could result form the fishery including through loss of life at sea. viii) Minimising negative interactions with general environment and bycatch species. ix) Ensuring compliance with management measures and eliminating IUU fishing in Niue EEZ x) Ensuring cost effective management of the Fishery. Management Measures need to be identified and listed.
Te Vaka Moana Polynesian Fisheries Arrangement Initiative by the Government of New Zealand (5 Mio NZ $) covering an agreement between Polynesian countries. In January 2010, the Heads of Government Fisheries Administrations from six Polynesian countries (Cook Islands, New Zealand, Niue, Samoa, Tokelau and Tonga), signed the Te Vaka Moana Arrangement (TVMA) that aims at sustainable use of domestic and high seas fisheries resources, to secure, protect and enhance associated long-term economic benefits able to be derived from such fisheries, and to protect the important contribution fisheries make to the food security of communities. Key drivers for the cooperation include: concern about the potential loss of economic development opportunities as large fleets from other nations move in to target southern longline fisheries; the recent and rapid progress made
67 by the Parties to the Nauru Agreement as they seek to assert their control over tropical tuna fisheries, and associated concerns about the potential impacts of Parties to the Nauru Agreement (PNA) fisheries (on southern longline fisheries) and regional processes. Polynesian countries have realised (and agreed) that they will need to work together to mitigate and manage these concerns and make tangible progress towards achieving their fisheries aspirations.
The New Zealand Aid Programme is seeking to develop and implement a programme of support that aims to deliver sustainable economic development for Polynesian Countries through the sustainable management and use of fisheries resources.
TVM participants have shared interests in southern longline fisheries for highly migratory fish stocks, and as in regional fisheries processes including the work of the Forum Fisheries Committee, the US Tuna Treaty and the Western and Central Pacific Fisheries Commission. TVM Participants are, to an extent, supported in these processes by regional organisations, including the Forum Fisheries Agency and the Secretariat of the Pacific Community. TVMA Participants have agreed to cooperate with one another in: 1. Assisting with ongoing fisheries related capacity development and enhancing sub- regional capability through enabling the sharing of resources, including fisheries monitoring control, surveillance and enforcement (MCS) resources; 2. Promoting the sharing of information between the Participants with regard to fisheries policy, fisheries management, fisheries development, fishing industry related issues, fisheries science, MCS, and other technical expertise in fisheries; 3. Enhancing the ability of the Countries and Territory to cooperate and promote the interests of the sub-region in regional organisations and international for a dealing with fisheries issues, including where appropriate, in collaboration with the FFA and SPC; 4. Promoting cooperation between the Participants with regard to MCS, both domestically and on the high seas, including in seeking to increase the value of fisheries through countering illegal, unregulated and unreported fishing; and 5. Supporting and strengthen fisheries development initiatives, including via links between the fishing industry sectors.
The TVM development programme will support a sub-regional grouping of fisheries administrations. Each administration represents the interests of an individual country or territory. Programme design will need to articulate a model that enables sub-regional work, driven from national needs. The connection between ongoing bilateral assistance must be complimentary to that occurring at a sub-regional level to ensure that from TVM partners perspectives there is a seamless interface between national and sub-regional programme. The scope of the programme will need to define the parameters of work that can be considered under the sub- regional TVM arrangement and work that should be pursued through bilateral arrangements.
A study on collaboration, marketing and operations is currently been worked on (Ducan Santr).
68 National Medium Term Priority Frame Work (NMTPF) The NMTPF draft for the Pacific was endorsed as part of the Pacific multi-country NMTPF by the FAO Southwest Pacific ministers for agriculture in May 2009 with the following five outcomes identified: strengthened policy, legal and regulatory frameworks for sustainable agriculture in forestry and fisheries; increased agricultural production for local consumption and to meet international and domestic market demands; increased income and employment opportunities through development of commercial fisheries; improved marketing systems and market access for high value specialty commodities; Sustainably managed terrestrial, freshwater and marine resources.
Regional Programme for Food Security (RPFS) As a member of the Pacific Islands Forum (PIF), Niue was included in the pilot phase RPFS which was completed in 2009. The programme had two main objectives: 1. to enhance production and food security through income generating activities at the country level and 2. strengthen regional and national capacity on trade facilitation and agricultural policies. Within the first objective, Niue implemented two subprojects, one on poultry production in a permaculture system, and one on smallholder pig farming. An expanded RPFS has been formulated entitled Food Security and Sustainable Livelihoods Programme in Pacific Island Countries (FSSLP) and has an indicative budget of US$41.8 million over an initial timeframe of six years.
WHO is supporting Niue in: - Drafting food standards (ongoing) - Enhancement of food safety education based upon the Five Keys to Safer Food, including food safety education in schools;
WPRO/FAOSAP/Pacific Islands Forum Secretariat is supporting Niue (ongoing) in: - Inspection system review completed Oct 2009, follow up capacity building May 2010 - Integrated Food Standards project to strengthen capacity of the Pacific Islands Forum countries to establish and enforce internationally recognized food laws, standards and inspection procedures to promote unhindered trade in safe and wholesome food.
Activities supported by FFA, SPC, DEVFish I (EU) - DEVFISH (Development of Tuna Fisheries in Pacific ACP Countries) Project: Visits to document systems for export of seafood products in Niue Island. - Follow-up visits to document systems for export of seafood products in Niue Island, 9- 17th February 2007, Cushla Hogarth, Soultions in Seafood Limited including timeline for implementation of seafood safety compliance system in Niue Island
69 - Assessing future activities necessary for Niue to attain access to the EU for fisheries products, November 2009, for FFA, Honiaria by Francisco Blaha - Niue: National Tuna Fishery Status Report No. 18, June 2008, Draft, by Bett Molony, Oceanic Fisheries Programme, Secretariat of the Pacific Community
Legislation, seafood standards currently in pipeline/draft status includes: - Prevention of Marine Pollution Bill 1998 - - Declaration of Anono as a Marine Reserve Pursuant to Section 7 of the Domestic Fishing Act 1995 - - Prohibition on Import of Illegally Caught Fish into Niue - Draft Food Standard Regulations, November 2010 - Biosecurity Act 2007, Draft, November 2010
70 People Met and Diary of Events
Name Address Location James Tafatu Fisheries Officer Niue Island 78 Alofi, Niue Sir Roberts Wharf, Fisheries Phone: + (683) 4032 (office): E-mail: [email protected] Brendon Pasisi Director, Department of Niue Island Agriculture, Fisheries and Forestry Head of the Fisheries Division 78 Alofi, Niue Phone: (683) 4032 Email: [email protected]
Date Location Diary
22 Niue Island Flight to Niue (23 April), Meeting with James Tafatu
23 Niue Island Legislation and document review
24 Niue Island Sunday
25 Niue Island Public Holiday; data collection, legislative review
26 Niue Island Meeting with James Tafatu, document review, reporting; visit wharf
27 Niue Island Meeting with Brendon Pasisi, Director DAFF/FD and James Tafatu; discussion legislation, provision of recommendations
28 Niue Island Visit fish establishment; wrap-up meeting Fisheries Division
29 Auckland, Flight to Auckland, legislative review New Zealand
71 Annex 4: Palau
Assessment of seafood safety standards in Pacific ACP countries
25th – 30th April 2011
72 Abbreviations
BMR Bureau of Marine Resources
MNRET Ministry of Natural Resources, Environment and Tourism
NTFMP National Tuna Fishery Management Plan
73 Background
Palua is a small island nation of approximately 21,000 people ; most households are involved in fishing at some level
It has a land area of approximately 488km2 and an EEZ of 629 000 km2. There is no continental shelf as the ocean floor drops dramatically to one of the sea‘s deepest trenches only a few kilometres off shore.
In 2007 FAO figures of fish for direct human consumption were: 461 mt imported, and 332 mt exported.
Palau had expressed an interest in the mission though few opportunities had been described that can improve the fishing industry. Most efforts are currently going into sustaining fish stocks in the internal waters for supplies of fish for local consumption.
Fisheries
Palaun waters are fished by the Japanese purse seine fleet and 30 longline Taiwanese vessels. A number of bilateral fishing arrangements exist primarily utilizing long line fishing techniques targeting species of tuna. This includes fishing agreements with two locally based joint venture foreign companies. Palau, along with fifteen other Pacific Island counties, is party to a multilateral treaty with the US to permit the operation of up to 50 tuna purse seine vessels to fish within Palauan waters. Two of the long-line fishing companies the Japanese owned KIEO Pacific Incorporated and Taiwanese owned Palau International Traders Incorporated (PITI) have large processing, chilling, freezing and ice making facilities adjacent to their wharfs.
Catch rates have fluctuated over the past several decades reaching peaks in the late 1980s and declining in the early to mid-1990s. Recent catch rates and discussions with fishing representatives have confirmed the industry has stabilized and this is expected to continue.4
Large scale onshore fish processing operations and canneries are not considered to be viable for Palau. Current constraints associated with the source of fish required by these operations and the labour requirements, including the policies for foreign workers would need to be addressed along with the environmental implications.
Actions under the Medium Term Plan include the intention to improve fish quality through increased product handling and processing resulting in improved economic returns per fish. BMR through its extension programs needs to continue to provide training programs to fishers to ensure quality of fish
Products attain high quality standards which in turn increase market acceptance and pricing. Continued donor assistance funds should be sought to provide equipment (e.g. coolers) and small scale infrastructure (e.g. ice plants, road access to harbours) to promote this action.
The Asian Development Bank‘s Actions for Palau‘s Future foresees improved fish quality through increased product handling and processing resulting in improved economic returns per fish. With the lead agencies being MNRET (Ministry of Natural Resources, Environment and Tourism)
4 Actions for Palau’s Future. The Medium-Term Development Strategy. 2009 to 2014
74 Assisted by BOA (Bureau of Agriculture (Quarantine)) EQPB (Environmental Quality Protection Board), MOH (Ministry of Health (BPH)) & private sector. However, this plan focuses primarily on the internal market.
Overall development of an export industry does not look promising
Fisheries institutions
The body which has responsibility for the management of Palau‘s fisheries is the Bureau of Marine Resources (BMR), a part of the Ministry of Natural Resources, Environment and Tourism.
Policies
Whilst there are no specific policies that affect seafood products the fishery management plans do, in the medium to long term (10-15 years) indicate that if successful, an increase in fish supplies would encourage the private sector and potentially an export market to Europe. Indications are that any fish landings that exceeded local demand would be high seas fish, as there is already pressure on the internal waters to supply the nation‘s fish demand.
1. In late 2009 the SPC began preparation to assist Palau in the development of a national fisheries policy (info from SPC providing reference to the National Tuna Fishery Management Plan).
2. National Tuna Fishery Management Plan
Tuna conservation, management and development is guided by the National Tuna Fishery Management Plan (NTFMP). Government‘s policies and development strategies in the offshore fisheries are reflected in the objectives of the current tuna management and development plan, such as:
a. Conserve fishery resources by controlling harvesting within international and regional b. recognized sustainable limits. c. Establish an efficient government framework to harmonize application of fisheries d. management policies and practices. e. Minimize detrimental impacts of fishing on coastal and inshore environment. f. Attain an optimum balance in relation to access to the resource between all stakeholders. g. Enhance the overall economic balance between: the necessity for government to generate revenue, financial expectations of the commercial tuna fishery interests, and the interests of other users of the resource. h. Promote Palauans in professional, administrative, research and development positions in the fishery and related industries and government agencies
3. Facility for Economic and Infrastructure Management Project: Aquaculture and Fisheries Action Plan, June 2008, prepared for the Government of Palau and the Asian Development Bank, Project Number: TA 4929-PAL (attached)
In summary the action plan addresses that it is necessary for the Bureau of Marine Resources (BMR) to streamline its policies, strategies and priority actions to reflect work programs that are realistically achievable within the constraints of its staff and budget resources. The BMR needs to focus on the management of resources and act as a facilitator for the development of these resources in cooperation with national and state government agencies, NGOs and private sector.
The Goal of the BMR is The Sustainable Economic Development and Management of the Marine and Coastal Resources of Palau, prioritising these areas: 75
- inshore and offshore fisheries; - aquaculture; - marine protected areas; - a semi-autonomous or autonomous fishery entity to manage the offshore fishery (if this is considered appropriate); - inshore fisheries cooperatives; - enforcement of regulations; and - quarantine issues.
This action plan is exclusively fishery management and does not impact on seafood as a product. 4. Actions for Palau‗s Future The Medium-Term Development Strategy 2009-2014
Offshore fisheries sector contributed 5.7 percent of total domestic revenues in 2007 from the fish export tax, and the foreign fishing vessel license fees and fisheries in total provided only 2% of GDP.
Prepared by the Government of Palau with the assistance of the Facility for Economic and Infrastructure Management and the support of the Asian Development Bank (attached)
The Strategy includes Aquaculture and Fisheries. The marine resources of Palau can provide sustainable long term economic development opportunities. However, to ensure success, compliance with national and state regulations must be achieved.
The main problems in the marine resources sector in Palau relate to:
i. completion and adoption of various policies and legislation that are well advanced; ii. effective enforcement of legislation and regulations; iii. development and implementation of a nation-wide quarantine plan; iv. confirmation and implementation of offshore fisheries policy, with emphasis on ensuring that the offshore sector optimizes its contribution to the economy of Palau; v. the overstretched capacity of BMR and its role in commercial activities; vi. the need to privatize the giant clam program operated by the Palau Mariculture Demonstration Center under the BMR; and vii. ensuring the environmental sustainability of inshore fisheries.
In summary, this action plan also looks primarily towards fishery management and tourism as resources that need to guarded. Less is evident on support for export
Laboratories
The expert was not able to identify any laboratory facilities suitable for testing fish products.
Legislation
Legislation related to fisheries is almost exclusively fishry management and has no bearing on fioshery producst other than the need for an export certificate, which must be paid for.
Apart from the fishery legislation referred to earlier (reviewed in the gap analysis and listed in Appendix 1) there was one piece of legislation that a small bearing on food in general. Title 34 of the Palau National Code has the health sector parts within it (Public Health, Safety and Welfare, Division 1, Health; Division 2, Sanitation) but a lot of the standards and regulations are still in the process of being developed.
76
Environmental Health Regulations (2007) have been produced and a part of them was presented to the expert. However he found that they are limited to and are based on current needs, and would need consderable revision, in accordance with the Administrative Procedure Act. The process reportedly takes a long time to become approved.
77 Gap Analysis
Gap analysis comparing equivalence of Palau and EU legislation
Fish Hygiene legislation - Definition of the control system5 EC requirement Source in EC legislation Country requirement Action needed, comments
Nomination of the Competent Article 4 (Designation of competent authorities Not present Legislation should address Authority and operational criteria and operational Criteria) Regulation (EC) No 882/2004 on official controls performed to ensure Strategy and timed action plan on the verification of compliance with feed and food implementation of the CA and its law, animal health and animal welfare rules operation
Definition of system of approval Article 4. Registration and approval of The Draft Fisheries Act 2005 provides for New fishery products or food safety for establishments establishments of Regulation (EC) No 853/2004 ministerial approval of regulations for the legislation should take approval of of the European Parliament and of the Council of Minister to adopt regulations for the establishments into account 29 April 2004 laying down specific hygiene rules registration of export establishments and fish for food of animal origin processing establishments and for the safety and quality standards for fish, fish product or cultured species established under the Act or by regulation Definition of technical conditions Chapter III: Requirements for establishments, None present New fishery products or food safety for approval of establishments including vessels, handling fishery products of legislation should take this requirement (physical plants and working Section VIII: Fishery products, of the Annex to into account practices) including HACCP regulation 853/2003.
Requirement for traceability Article 18 of Regulation 178/2002 Not present Legislation should address
Requirements for approval and Marine Protection Act of 1994 Licensing of boats is based on minimum registration of vessels? requirements of safety that are not further described, not including structural and hygiene requirements
Legislation should address
5 Selected, initial stages only; for further details on the whole requirements see the applicable legislative text
78 EC requirement Source in EC legislation Country requirement Action needed, comments
Requirement for inspection of Chapter I: Requirements for vessels of section Not present Structural and hygiene requirements are fishing vessels VIII: Fishery products, of the Annex to Regulation not included or defined 853/2003. Legislation should address
Requirement for inspection of fish Chapter II: Requirements during and after landing Not present Legislation should address landing sites of Section VIII: Fishery products, of the Annex to Regulation 853/2004 (Annex III: Specific requirements, Section VIII: Fishery products, Chapter V: Health standards for fishery products).
Requirement for organoleptic Commission Regulation (EC) No. 2074/2005 of 5 Not present Legislation should address EU inspection of fishery products and December 2005 laying down implementing requirements parasite checks measures for certain products under Regulation No 853/2004, 854/2004, 882/2004 and amending Regulations 853/2004 and 854/2004
Monitoring of residues and Chapter II: Official controls of fishery products of Not present Legislation should address contaminants in fishery products the Annex to Regulation 854/2004.
Monitoring of harvest areas for Chapter of Section VII Live bivalve molluscs of Not present May be required for export of tunicates for the production of bivalve the Annex to Regulation 853/2004 human consumption to SE Asian markets molluscs, gastropods, tunicates and echinoderms
Powers of inspectors Regulation 882/2004 Present in Marine Protection Act 1994. Right Powers of inspection, entry, boarding of entry, search and confiscation of goods vessels and taking samples would need to be more closely aligned with t hose of the EU
Food safety conditions applied to marine capture fishery products for human consumption- fish hygiene legislation technical requirements
EC requirement Source in EC legislation Country requirement Action needed, comments
Requirements for potable water Directive 98/83/EC of 3 November 1998 on the Marine and Fresh Water Quality Legislation should address and quality of water intended for human consumption, as harmonise water quality standards with 79 EC requirement Source in EC legislation Country requirement Action needed, comments quality amended by Regulation 1882/2003. Regulations Chapter 2401-11. 26/05/1996 those of the EU
Refer also to Commission Note ―Check of water: Specifies drinking water with Not all parameters covered by 98/83 are Commission technical notes on water quality for fish microbiological standards specified; some parameters specified processing establishments‖. require different standards
Prohibited fish species Chapter V: Health standards for fishery products e. No requirements specified Legislation should address toxins harmful to human health of section
Chapter VIII: Fishery products, of the Annex to Regulation 853/2004
Area control system for monitoring Annex II Live bivalve molluscs No requirements specified Legislation should address and closure of bivalve and Chapter II: Official controls concerning live bivalve gastropod molluscs, tunicates molluscs from classified production areas of the Annex to Regulation 854/2004. Requirement that testing Article 12 of Regulation 882/2004 on official controls No requirements specified Legislation is required laboratories for official control be performed to ensure the verification of compliance accredited to ISO 17025 with feed and food law, animal health and animal Niue has no laboratories welfare rules
Microbiological criteria for fishery Microbiological standards for fishery products Not specified Legislation is required considering EU products (including histamine (including histamine) along with sampling export requirements for histamine and content) requirements are set out in Commission Regulation microbiological criteria reflecting on (EC) No 2073/2005 of 15 November 2005 on necessary levels, sampling plans, test microbiological criteria for foodstuffs methods and on control of the process hygiene that is not addressed
Sulphite content of crustacea European Parliament and Council Directive No No provisions are made for export of fish Law should be modified to permit 95/2/EC of 20 February 1995 on food additives other and fishery products sodium, potassium and calcium sulphites than colours and sweeteners and bisulphites to be applied to a limit of 150 mg/kg in edible part of the raw flesh of crustacean and cephalopod molluscs
Heavy metal limits for Cd, Pb and Regulation (EC) No. 315/93 of xxx laying down No provision made Legislation should address Hg Community procedures for contaminants in food
- Regulation (EC) No. 1881/2006 of xxx setting maximum levels for certain contaminants in foodstuffs 80 EC requirement Source in EC legislation Country requirement Action needed, comments
establishes maximum levels for cadmium, mercury, inorganic tin, 3-MCPD and benzo(a)pyrene in certain foodstuffs
- Regulation (EC) No. 629/2008 of xxx amending Regulation (EC) No 1881/2006 setting maximum levels for certain contaminants in foodstuffs
Sampling and analytical methods Commission Regulation (EC) No. 333/2007 laying No requirements specified to export of food Legislation is required applied by laboratories for heavy down methods of sampling and analysis for the metals official control of the levels of lead, cadmium, mercury, inorganic tin, 3-MCPD and benzo(a)pyrene in foodstuffs
Maximum residue limits for Commission Regulation (EC) No 1881/2006 of 19 No requirements specified Legislation is required and needs to be Dioxins and dioxin-like PCBs, and December 2006 setting maximum levels for certain adapted to EU requirements PAHs in fishery products contaminants in foodstuffs
Sampling and analytical methods Commission Regulation (EC) No 1883/2006 of 19 No requirements specified Legislation is required applied by laboratories, for December 2006 laying down methods of sampling analysis of dioxins and dioxin-like and analysis for the official control of levels of dioxins PCBs and dioxin-like PCBs in certain foodstuffs
Chemical checks on freshness - Regulation (EC) No 2074/2005 xxx laying down No requirements specified Legislation required TVB-N - where organoleptic implementing measures of certain products under assessment has raised doubts as regulation (EC) no 853/2004 to freshness of certain fish species Regulation (EC) No 1022/2008 amending regulation No 2074/2005 as regards to the total volatile basic nitrogen (TVB-N) limits
Maximum limits in bivalve and Chapter of Section VII Live bivalve molluscs of the No requirements specified May be required for export of tunicates gastropod molluscs, tunicates and Annex to Regulation 853/2004. for human consumption to SE Asian echinoderms of paralytic shellfish markets poison (PSP), amnesic shellfish poison (ASP), okadaic acid, dinophysistoxins and 81 EC requirement Source in EC legislation Country requirement Action needed, comments pectenotoxins yessotoxins azaspiracids
Food safety requirements for Aquaculture products - Aquaculture residue control legislation
EC requirement Source in EC legislation Country requirement Comments
System of approval for Council Regulation 2377/90 laying down a None specified Legislation should address registration, controls on import, Community procedure for the establishment of and production of maximum residue limits of veterinary medicinal pharmacologically active products in foodstuffs of animal origin substances used for the veterinary treatment of animals which are used for human food
Prohibition of use of stilbenes and Article 11 (2) of Council Directive 96/22/EC of 29 April Not present in legislation Legislation should address thyrostats, and limitation of use of 1996 concerning the prohibition on the use in steroid hormones and beta- stockfarming of certain substances having a agonists hormonal or thyrostatic action and of beta-agonists and
Directive 003/74/EC of the European Parliament and the Council of 22 September 2003 amending Council Directive 96/22/EC concerning the prohibition on the use in stockfarming of certain substances having a hormonal or thyrostatic action and of beta-agonists
82 Regulations governing distribution Article 7 (indent 1) of Council Directive 96/23/EC No specific requirements. Regulations required to require of controlled compounds, their requires a third country to provide a description of the prescription under veterinary prescription and use in animal legislation governing the authorisation, distribution supervision), storage and stock controls production for human consumption and use of veterinary medicinal products; However on farm, record keeping of medicinal such provisions within the Community are not applications on farm, separation of harmonised treated and non-treated animals, holding of treated animals for withdrawal period prior to slaughter and information and communication requirements in respect of animals sold before the end of the withdrawal period.
Residue monitoring system Article 4 and Article 7 of Council Directive 96/23/EC No requirement in place Should be required in regulations of 29 April 1996 on measures to monitor certain substances and residues thereof in live animals and animal products which defines sampling requirements and tests to be undertaken in respect of aquaculture animals.
Requirements applying to transhipment and third country vessels- provisions for inspection of vessels flagged by another state
EC requirement Source in EC legislation Country requirement Comments
Inspection of vessels Article 18 Regulation 854/2004 No specific powers given in respect of the There is a need to a) define powers in respect of conditions (e.g. requirement flagged by another allows inspection by the CA of third country vessels. No provision for to inspect) when requested for issue of health certificate and b) define powers third country a vessel listed by another 3rd MoU to allow such inspections beyond the in respect of inspection of reefer vessels c) provide for development of MoU in country. jurisdiction of the CA respect of inspection of vessels flagged by another third country
83 Conclusions and Recommendations
1 Conclusion : Fishery Products Legislation Palau‘s legisaltion is in an early phase of development and would benefit from assistance in bringing it up to a standard that would support sanitary systems and controls to suit the regional (Pacific rim) market rahter than the more onerous provisions of the EU market.
Any legislation would need to be carried out in a consultative manner with other government bodies (Ministries, Bureaus) such as the Ministry of Public Health and the Attorney General‘s Office. At this time EU standard legislation would prove too difficult and expensive to implement and may become a barrier to small industries.
There are currently too few other opportunities such as vessel inspection to bring in an income that would justify the high resource input of creating legislation for a Competent Authority.
1.1 Recommendation: Legislation That donor assistance is provided to develop fish and food safety legislation for the regional market.
2 Conclusion: Standard of training The staff of the BMR and the Environmental Health Department are not well trained in inspection techniques and in order to reach a standard that will be necessary for international trade a high degree of training in food safety, fish handling, basic HACCP and laboratory techniques will be needed.
2.1 Recommendation: Standard of training That training is provided through a donor scheme such as Devfish II to provide support to the fishery and food inspectors food safety, fish handling, basic HACCP and laboratory techniques.
84 Appendix 1: Legislation regulating seafood safety
Title of text Date of text Country/Abstract/Comment
Marine Protection Act of 18 April 1994 The purpose of this Act is to protect and promote sustainable 1994 use of all species of marine animals and plants other than marine birds (‗marine resources‘). The Act aims also at An Act to regulate the taking preserving commercial fisheries of Palau. Section 4 places of certain species of marine various restrictions on fishing within the fishery zones of the and terrestrial organisms, to Republic, including prohibition of fishing for certain species prohibit or limit certain outside prescribed seasons, fishing for undersized rock fishing methods, to repeal lobster, fishing with specified gear, and in general fishing for RPPL No. 1-9, RPPL No. 3- specified species. The same section places also restrictions 61, and for other purposes. on the trade in specified marine fishes and other aquatic species. The Minister of Resources and Development may make Regulations for the better protection of species mentioned in section 4 from over harvesting or for other Amended by: purposes of this Act. The Minister shall also regulate a Act amending the Marine labelling and reporting system for exported fish (sect. 7). Protection Act of 1994 Remaining provisions of this Act concern enforcement and prescribe penalties for violating provisions of section 4. Descriptors (Food): fish products; packaging/labelling; international trade
Act amending the Marine 12 July 1994 Amends: Protection Act of 1994 (introduced), Marine Protection Act of 1994 (sections 3,4,7,9.) 03 May 1995 In section 3 ‗export‘ is redefined and in section 4 a provision An Act to amend RPPL No. which prohibits the making of false or misleading statements 4-18, regarding the taking of regarding the export of fish. Section 9 which prescribes certain species of marine penalties for the violation of provisions of section 4 is and terrestrial organisms, to completely rewritten. A distinction between civil penalties and clarify and strengthen the criminal penalties is made. In section 7 is inserted a clause penalties and enforcement which requires the Minister for Resources and Development provisions, to require the to issue Regulations which set out procedures to certify Minister to promulgate species as cultured. Descriptors (Fisheries): marine fisheries; fishing Regulations concerning gear/fishing method; international trade; offences/penalties cultured species, and for Descriptors (Wild species & ecosystems): other purposes management/conservation; offences/penalties
Palau Domestic Fishing Law 2002 Provisions related to the Bureau of Marine Resources, 2002 Regulated species, Other restrictions, Gear restrictions, Exporting marine resources, Marine research, Regulated marine species/summary. Provision related to export are specified including a Marine Export Declaration and regulations on the Reporting and
Labelling of Exports of Marine Resources
Exports may be inspected by authorized personnel of the
85 Title of text Date of text Country/Abstract/Comment
Bureau of Revenue, Customs and Taxation
or of the Ministry of Resources and Development. Exporters who exports any fish or other marine resources for commercial purposes must submit to
BMR a catch report.
Palau Fishing Authority The purpose of this Chapter is to create a legal entity to (Division II, Chapter 11 of promote, develop, and support commercial utilization of living Title 27 of Palau National marine resources within the internal waters of the Republic Code) (Para. 1102). Paragraphs 1101 to 1154 are divided into 3 Subchapters: General Provisions (I); The Authority (II); Administration of the Authority (III). Descriptors (Fisheries): institution; fishery management and conservation; marine fisheries
Marine and Freshwater 26 May 1996 The Regulations shall have the force and effect of law. Quality Regulations The purpose of these Regulations is to protect the quality of (Chapter 2401-11). freshwater (surface and groundwater) and marine water resources of the Republic of Palau and, in this context, identify the uses for the various waters of Palau to be maintained and protected, and prescribe water quality Amended by: standards for those waters (reg. 2). Regulation sets out the policy of Palau in respect of protection of water quality. Amendment to the Republic Regulation 5 classifies coastal waters according to its various of Palau Marine and uses and prescribes general quality requirements for those Freshwater Quality waters. Regulations 6 to 8 classify freshwater, groundwater Regulations (Chapter 2401- and groundwater areas. Basic criteria regarding water quality 11): Water Use standards that apply to all waters are set out in regulation 9. Classification, 18 May 1998 Regulations 10 to 18 lay down specific water quality standards with respect to various polluting substances. Regulation 22 requires discharge operators to obtain a Amendment to the Republic Pollutant Discharge Permit from the Board. Regulations 30 to of Palau Marine and 36 concern water quality of so-called ―mixing-zones‖. Freshwater Quality Regulation 42 classifies water use areas in accordance with Regulations (Chapter 2401- criteria set out in regulations 6 to 8. A water quality 11): Water Use Areas: certification must be provided to the Board prior to issuance Classification and of any permits and other procedures set out in regulations 44 Establishment, 18 May 1998 to 54 accomplished. (57 regulations completed by one Schedule) Descriptors (Water): pollution control; freshwater quality/freshwater pollution; classification/declassification; Amendment to the Republic water quality standards; effluent waste water/discharge of Palau Marine and Descriptors (Sea): pollution control; marine pollution; Freshwater Quality classification/declassification; effluent waste water/discharge Regulations (Chapter 2401- 11): Permit Required and Miscellaneous, 12 March 1999
86 Title of text Date of text Country/Abstract/Comment
Amendment to the Republic of Palau Marine and Freshwater Quality Regulations (Chapter 2401- 11): Water Use Areas: Classification and Establishment, 06 October 2000
Amendment to the Pesticides Regulations (Chapter 2401-33): General prohibitions and Miscellaneous Pesticides Regulations (Chapter 2401- 33), 26 May 1996 Public Water Supply System 26 May 1996 These Regulations have the force and effect of law. Regulations (Chapter 2401- Regulations promulgated by the Republic of Palau 51). Environmental Quality Board. Provision of establishing minimum standards and safety requirements for the public water supply system of Palau and drinking water supplied through that system. Regulation 3 contains and extensive list of definitions. Regulations 4 to 10 set out conditions for the construction of or significant modification of public water supply systems. Procedures for obtaining approval and permit from the Board are prescribed. Regulations 11 to 39 concern the quality of drinking water. Regulation 11 lays down a general obligation of suppliers to assure supply of water that meets prescribed standards. Other regulations specify levels of maximum permitted contamination of various substances and lay down rules for monitoring and other measures for the control of pollution of publicly supplied water. Each public supply system shall be placed under the technical supervision of an operator certified by the Board (reg. 40). Regulations 42 to 51 concerns notices to be issued by owners or operators of supply systems to users each time that the water supplied fails to meet quality standards prescribed. Regulation 52 requires operators or owners to keep records on operations. Regulation 54 and 55 concern supply of water during emergency situations. Regulations 56 to 72 make provision with respect to variances of and exemptions from requirements regarding the supply of water. Regulations 75 to 84 establish criteria under which filtration or disinfecting is required as treatment technique for publicly supplied water. Remaining provisions of these Regulations concern enforcement of rules established. (88 regulations) Descriptors (Water): water supply; authorization/permit; groundwater; potable water; standards
Environmental Quality The sections of this Act are divided into 4 sub-chapters: Protection Act (Chapter 1 of General provisions (I); Palau Environmental Quality Title 24 of Palau National
87 Title of text Date of text Country/Abstract/Comment
Code) Protection Board (II); Environmental studies and decisions (III); Implementation, enforcement and court action (IV). Section 102 declares the public policy of the Olbiil Era Kelulau with respect to the protection of the environment including the public water systems and drinking water resources. The Palau environmental Quality Protection Board is established in the office of the President and consists of seven members appointed by the President with the consent of the senate (sect. 121). The Board shall transmit to the President and the parliament not later than January 31 of each year an environmental quality report; the Board shall promulgate and enforce primary drinking water regulations and may promulgate and enforce secondary drinking water regulations; the Board shall administer a permit system for the discharge of pollutants; the Board shall adopt and implement plans for the certification of applicators of pesticides and for the issuance of experimental use permits for pesticides (sects. 128 and 129). Section 142 and 143 provide for the making of environmental impact statements. Descriptors (Environment gen.): basic legislation; environmental planning; EIA; pesticides Descriptors (Water): potable water; water supply Descriptors (Sea): pollution control; marine pollution Descriptors (Waste & hazardous substances): pesticides; authorization/permit
Plant and Animal Control - 1966 This Chapter regulates certain aspects of the international Chapter 20 of Title 25 of the trade in plants and animals in order to protect Palau against Palau National Code. Code of 1966 as the introduction and further dissemination of injurious insects, modified at an pests, and diseases into and within the Republic. With the undefined date prior approval of the President, the Chief of the Division of Agriculture shall issue plant and animal quarantines and Regulations relating to the administration and enforcement of the controls established by this Chapter. Letters and memoranda may be issued from time to time by the Chief of the Division of Agriculture and the President relating to the administration and enforcement of such quarantines and regulations. The Chief of the Division of Agriculture shall administer the provisions of the plant and animal quarantines and regulations. Agricultural quarantine inspectors may be appointed by the President, and shall, under the direction of the Chief of the Division of Agriculture, enforce the provisions of the plant and animal quarantines and Regulations. Descriptors (Livestock): animal health; international trade; inspection Descriptors (Cultivated plants): plant protection; pests/diseases
Public Health, Safety and 1966 Code of This Chapter sets out some rules relative to prevention of Welfare - Chapter 10 of Title 1966 as modified pollution and to the sale of food to the public and inspection 25 of the Palau National
88 Title of text Date of text Country/Abstract/Comment
Code. at an undefined of food establishments for purposes of safeguarding public date. health. The two first sections require owners of land or facilities to avoid specified polluting activities of domestic character. Section 3 requires the Director of the Bureau of Health Services to establish standards of sanitation to be maintained by all owners, operators, and employees of and in specified premises including bakeries, restaurants, food stores and provides for inspection of such premises. Section 4 concerns the inspection of all food by duly authorized representatives of the Bureau of Health Services and gives powers to these officers to order destruction, alternative labelling of other use of unsanitary, unwholesome or adulterated food. It also requires food to be sold before the expiry date. Descriptors (Food): food quality control/food safety; hygiene/sanitary procedures; institution; inspection Descriptors (Waste & hazardous substances): pollution control; waste disposal
Fisheries Law, Regulations
Title of text Date of Entry into Countries text force
Vessel Monitoring System 12 October The purpose of these Regulations is to implement Regulations (Title 27 of 2000 the provisions of Title 27, Palau National Code, Palau National Code) which provide for the monitoring of foreign fishing vessels in the coastal waters of the Republic. The Regulations provide for monitoring by way of Automatic Location Communicator. They prescribe rules for installation, operation and maintenance of such devices, and procedures in the case of malfunctioning. These Regulations will also apply to any other fishing vessel as prescribed by statute or by the Minister
Fishery Zones and Palau Regulation of Foreign Fishing (Title 27 of Palau National Code, Division 1, Chapter 1).
Subchapter III: Fishery 1990 Palau Zones of Chapter 1: Fishery Zones and Regulation of Foreign Fishing
89 Title of text Date of Entry into Countries text force
Fishery Zone Law (Public 02 Palau Law No. 6-7-14). An Act to December provide for fisheries zone 1978 The Law defines the baselines system (sect. 3) and regulations and provides for the establishment of a territorial sea of agreements, for Palau Palau, an Exclusive Fishery Zone and an Extended Maritime Authority, to Fishery Zone (sects. 4-6). Other provisions deal with appropriate funds and for foreign fishing agreements (sect. 12), international other purposes fishing agreements (sect. 13), fishing permits (sect. 14), prohibited acts (sect. 15), penalties (sect. 16), forfeitures (sect. 17) enforcement (sect. 20). Section 10 provides for the creation of the Palau Maritime Authority. The Law consists of 23 sections. Descriptors (Fisheries): basic legislation; foreign fishing; institution; fishing permit; enforcement/compliance; access right; offences/penalties Descriptors (Sea): maritime zone; EEZ-Exclusive Economic Zone; territorial sea
Illegal Methods of Capture Palau (Chapter 13 of Title 24 of Palau National Code: Environmental Protection) Illegal Methods of Capture Palau (Chapter 13 of Title 24 of Palau National Code: Environmental Protection).
District Entities for 1980 Palau Development of Marine Resources (Division 2, Chapter 10 of the Palau National Code).
Endangered Species Act of 1975 Palau 1975 (Chapter 10 of Title 24 of Palau National Code).
Palau International Coral Palau Reef Center Act of 1998 (Chapter 33). Amendment to Title 27 of 05 Palau Palau National Code, September Division 1, Chapter 1 (RPPL 2003 No. 6-36).
Amendments of Division 1 26 May Palau of Title 27 of Palau National 1996 Code regarding foreign fishing.
90 Title of text Date of Entry into Countries text force
Environmental Impact Statement Regulations (Chapter 2401-61). Ngerukewid Islands Wildlife Palau Preserve (Chapter 30 of Title 24 of Palau National Code).
Protected Sea Life (Division Palau 2, Chapter 12 of Title 24 of Palau National Code).
Ngerumekaol Spawning Palau Area (Chapter 31 of Title 24 of Palau National Code).
District Entities for Palau Development of Marine Resources (Division 2, Chapter 10 of the Palau National Code). Act to amend 27 PNC 167 30 July to require approval of the 1991 Olbiil Era Kelulau for foreign Palau fishing agreements.
Fish and Game Commission Palau (Chapter 11 of Title 24 of Palau National Code). The Palau Fish and Game Commission is charged with conserving and developing the marine and terrestrial resources of the Republic. The Commission shall consist of the fisheries management biologist, the staff entomologist and 5 members appointed by the President. Duties include study on conservation needs of the Republic and effectiveness and enforcement of present conservation laws, issuing of rules and regulations as deemed necessary by the Commission for the carrying out of provisions of conservation laws of the Republic, and the recommendation of specific legislation with regard to conservation of marine and terrestrial wildlife resources including minimum age and size of animals and requirements and conditions for fishing and hunting licences. Descriptors (Fisheries): institution Descriptors (Wild species & ecosystems): institution; hunting/capture; management/conservation.
91 Title of text Date of Entry into Countries text force
Convention for the 05 This Australia; Philippines; China; United States of Conservations and September Convention America; Papua New Guinea; Australia; Cook Management of Highly 2000 shall enter Islands (New Zealand); Micronesia, Fed. States; Fiji; Migratory Fish Stocks in the into force in Kiribati; Marshall Islands; Nauru; Niue (New Western and Central Pacific accordance Zealand); Palau; Solomon Islands; Tonga; Tuvalu; with Article Vanuatu; Samoa; New Zealand 36. The objective of the Convention is to ensure, through effective management, the long-term conservation and sustainable use of highly migratory fish stocks in the western and central Pacific Ocean in accordance with the United Nations Convention on the Law of the Sea and the Agreement for the Implementation of the Provisions of the United Nations Convention on the Law of the Sea of 10 December 1982 relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks. This Convention: (a) provides for the establishment and related matters of the Commission for the Conservation and Management of Highly Migratory Fish Stocks in the Western and Central Pacific Ocean and the Commission a Scientific Committee and a Technical and Compliance Committee as subsidiary bodies to the Commission; (b) lays down principles and measures for conservation and management; and (c) defines duties of flag states in respect of enforcing obligations under this Convention vis-à-vis fishing vessels flying its flag and to enforce provisions of the Convention in general. The Commission shall develop a regional observer programme to collect verified catch data, other scientific data and additional information related to the fishery from the Convention Area and to monitor the implementation of the conservation and management measures adopted by the Commission. The Convention further contains provisions regarding: (a) recognition of the special requirements of developing States; (b) the peaceful settlement of disputes; and (c) duties of members of the Commission to control activities of vessels flying the flags of non-parties to this Convention which are engaged in fishing operations in the Convention Area
Federated States of 14 The Micronesia, Fed. States; Kiribati; Marshall Islands; Micronesia Arrangement for September Arrangement Nauru; Palau; Papua New Guinea; Solomon Islands; Regional Fisheries Access 1994 shall enter Tuvalu into force on the date 30 This Agreement introduces measures to facilitate days after last and control the access to the exclusive economic
92 Title of text Date of Entry into Countries text force
signature. zones and fisheries zones of the Parties to this Agreement ("Arrangement Area"). The Agreement harmonizes access conditions and provides for a regional access licence. The aims of these measures are to promote greater participation by national of the Parties in fisheries in general and the exploitation of tuna resources in the Central and Western Pacific in particular. The Agreement requires the Director of the South Pacific Forum Fisheries Agency ("Administrator") to maintain a Register of Eligible Fishing Vessels where vessels that meet established criteria and are proposed to be entered by a Party to this Agreement shall be entered. The operator of a registered vessel may apply for a regional access licence authorizing the vessel to fish in the Arrangement Area. Other provision of this Arrangement concern consultation, information, an observer programme, cooperation in enforcement and joint surveillance, distribution of payments received by the Administrator, settlement of disputes and matters of miscellaneous character. The Annexes set out the criteria for eligibility of vessels and procedures for the granting of a regional access licence and contain rules relative to various operations in the Arrangement Area.
Treaty on Fisheries between United States of America; Papua New Guinea; the Governments of Certain Australia; Cook Islands (New Zealand); Micronesia, Pacific Islands States and Fed. States; Fiji; Kiribati; Marshall Islands; Nauru; the Government of the Niue (New Zealand); Palau; Solomon Islands; United States of America, Tonga; Tuvalu; Vanuatu; Samoa; New Zealand 1987.
Palau Arrangement for the 02 October The Micronesia, Fed. States; Kiribati; Marshall Islands; Management of the Western 1992 Arrangement Nauru; Palau; Papua New Guinea; Solomon Islands Pacific Purse Seine Fishery shall enter into force 14 days following receipt of instruments of ratification by five signatories (Art. 11.2).
Niue Treaty on Cooperation 09 July The Treaty Australia; Cook Islands (New Zealand); Micronesia, in Fisheries Surveillance 1992 entered into Fed. States; Fiji; Kiribati; Marshall Islands; Nauru; and Law Enforcement in the force on 20 New Zealand; Niue (New Zealand); Palau; Papua New Guinea; Solomon Islands; Tokelau (New
93 Title of text Date of Entry into Countries text force
South Pacific Region. May 1993. Zealand); Tonga; Tuvalu; Vanuatu; Samoa
Protocol II to the Convention 20 October This Protocol American Samoa (USA); Australia; Cook Islands for the Prohibition of Fishing 1990 shall enter (New Zealand); Micronesia, Fed. States; Fiji; with Long Driftnets in the into force for France; French Polynesia (France); New Caledonia South Pacific. each State on (France); Wallis and Futuna Islands (France); the date of Kiribati; Marshall Islands; Nauru; New Zealand; Niue deposit of its (New Zealand); Palau; Pitcairn (UK); Solomon instrument of Islands; Papua New Guinea; Tokelau (New ratification Zealand); Tonga; Tuvalu; Vanuatu; Samoa (art. 7(3)).
Protocol I to the Convention 20 October This Protocol American Samoa (USA); Australia; Cook Islands for the Prohibition of Fishing 1990 shall enter (New Zealand); Micronesia, Fed. States; Fiji; with Long Driftnets in the into force for France; French Polynesia (France); New Caledonia South Pacific. each State on (France); Wallis and Futuna Islands (France); the date of Kiribati; Marshall Islands; Nauru; New Zealand; Niue deposit of its (New Zealand); Palau; Pitcairn (UK); Solomon instrument of Islands; Papua New Guinea; Tokelau (New ratification Zealand); Tonga; Tuvalu; Vanuatu; Samoa (art. 7(3)).
Décret nº 99-450 du 28 mai 16 June France ; Australia ; Niue (New Zealand) ; Cook 1999 portant publication de 1993 Islands (New Zealand) ; Papua New Guinea ; la convention portant Micronesia, Fed. States ; Solomon Islands ; Fiji ; création du Programme Tonga ; Tuvalu ; Kiribati ; Pitcairn (UK) ; Marshall régional océanien de Islands ; United States of America ; Nauru ; Vanuatu l'environnement, faite à Apia ; New Zealand ; Samoa le 16 juin 1993.
Second Arrangement 19 The Micronesia, Fed. States; Kiribati; Marshall Islands; Implementing the Nauru September Arrangement Nauru; Palau; Papua New Guinea; Solomon Islands Agreement Setting Forth 1990 shall enter Additional Terms and into force on Conditions of Access to the the date of Fisheries Zones of the receipt of the Parties fifth instrument of approval (art. III, para. 2).
Arrangement Implementing 1990 The Micronesia, Fed. States; Kiribati; Marshall Islands; the Nauru Agreement Arrangement Nauru; Palau; Papua New Guinea; Solomon Islands; Setting Forth Minimum will enter into Tuvalu Terms and Conditions of force 14 days Access to the Fisheries following Zones of the Parties. receipt by the depositary of
94 Title of text Date of Entry into Countries text force
instruments of ratification
Final Act of the meeting on 24 The American Samoa (USA); Australia; Cook Islands a Convention to prohibit November Agreement (New Zealand); Micronesia, Fed. States; Fiji; Driftnet Fishing in the South 1989 entered into France; French Polynesia (France); New Caledonia Pacific. force on the (France); Wallis and Futuna Islands (France); date of Kiribati; Marshall Islands; Nauru; New Zealand; Niue deposit of the (New Zealand); Palau; Pitcairn (UK); Solomon fourth Islands; Papua New Guinea; Tokelau (New instrument of Zealand); Tonga; Tuvalu; Vanuatu; Samoa ratification or accession (art. 13).
Memorandum of Agreement 06 July Palau; Japan between the Fisheries 1987 Associations of Japan and The Memorandum of Understanding provides for the the Palau Maritime payment of a lump-sum for access of Japanese Authority. fishing vessels in waters of Palau for a period of 1 August 1987 to 31 July 1988. A new fisheries agreement is foreseen
Agreement between the 06 July 198 Palau; Japan Palau Maritime Authority and Federation of Japan Tuna Fisheries Co-operative Associations, National Offshore Tuna Fisheries Association of Japan, Japan Far Seas Purse Seine Fishing Associations and Federation of North Pacific District Purse Seine Fisheries Co-operative Associations of Japan concerning the supply of goods and services for the period August 1, 1987 to July 31, 1988.
Nauru Agreement 11 The Micronesia, Fed. States; Kiribati; Marshall Islands; Concerning the Cooperation February Agreement Nauru; Palau; Papua New Guinea; Solomon Islands in the Management of 1982 shall enter Fisheries of Common into force 30 Interest. days after receipt of the fifth instrument of
95 Title of text Date of Entry into Countries text force
ratification or accession (art. X, para. 2).
Palau Arrangement for the 02 October Micronesia, Fed. States ; Kiribati ; Marshall Islands ; Management of the Western 1992. Nauru ; Palau ; Papua New Guinea ; Solomon Pacific Purse Seine Fishery. Islands
Public Water Supply System 26 May These Regulations shall have the force and effect of Regulations (Chapter 2401- 1996 law. 51). Regulations promulgated by the Republic of Palau Environmental Quality Board. Provision of establishing minimum standards and safety requirements for the public water supply system of Palau and drinking water supplied through that system. Regulation 3 contains and extensive list of definitions. Regulations 4 to 10 set out conditions for the construction of or significant modification of public water supply systems. Procedures for obtaining approval and permit from the Board are prescribed. Regulations 11 to 39 concern the quality of drinking water. Regulation 11 lays down a general obligation of suppliers to assure supply of water that meets prescribed standards. Other regulations specify levels of maximum permitted contamination of various substances and lay down rules for monitoring and other measures for the control of pollution of publicly supplied water. Each public supply system shall be placed under the technical supervision of an operator certified by the Board (reg. 40). Regulations 42 to 51 concerns notices to be issued by owners or operators of supply systems to users each time that the water supplied fails to meet quality standards prescribed. Regulation 52 requires operators or owners to keep records on operations. Regulation 54 and 55 concern supply of water during emergency situations. Regulations 56 to 72 make provision with respect to variances of and exemptions from requirements regarding the supply of water. Regulations 75 to 84 establish criteria under which filtration or disinfecting is required as treatment technique for publicly supplied water. Remaining provisions of these Regulations concern enforcement of rules established. (88 regulations) Descriptors (Water): water supply; authorization/permit; groundwater; potable water; standards
96 Title of text Date of Entry into Countries text force
Toilet Facilities and 26 May ]These Regulations shall have the force and effect Wastewater Disposal 1996 of law. System Regulations Regulations promulgated by the Republic of Palau (Chapter 2401-13). Environmental Quality Board (―the Board‖). The Amended by: purpose of these Regulations is to establish standards and regulate design, construction, - Amendment to the Toilet installation and operation of systems for the disposal Facilities and Wastewater of sewage and other waste water. Regulation 3 Disposal System contains definitions. Regulation 6 concerns disposal Regulations (Chapter 2401- where no public sewerage system is available. 13): Permit Required, 10 February 1999 Regulation 10 provides for permits required in the case of new constructions with waste water disposal systems. Regulations 13 to 33 prescribe technical standards for septic tank systems, seepage pits, disposal fields, subsurface absorption fields, cess pools and other waste water disposal systems. No person shall engage in the business of cleaning individual sewage systems or disposing wastes therefrom unless a registration certificate has been obtained from the Board (reg. 35). Also disposal of treated or semi-treated into any river, stream, pond, well or any other fresh-water body, marine water or ground requires consent of the Board (reg. 43). The Board may issue stop or compliance orders in case works are not carried out in accordance with the present Regulations (regs. 44 and 45). (45 regulations completed by 1 Schedule). Descriptors (Water): sewerage Descriptors (Waste & hazardous substances): pollution control; waste disposal; waste domestic sources; effluent waste water/discharge; sewerage
Amendments to the Public Water Supply System Regulations (Chapter 2401- 51); Permit Required. Environmental Quality The sections of this Act are divided into 4 sub- Protection Act (Chapter 1 of chapters: General provisions (I); Palau Title 24 of Palau National Environmental Quality Protection Board (II); Code) Environmental studies and decisions (III); Implementation, enforcement and court action (IV). Section 102 declares the public policy of the Olbiil Era Kelulau with respect to the protection of the environment including the public water systems and drinking water resources. The Palau environmental Quality Protection Board is established in the office of the President and consists of seven members appointed by the President with the consent of the senate (sect. 121). The Board shall transmit to the President and the parliament not later than January
97 Title of text Date of Entry into Countries text force
31 of each year an environmental quality report; the Board shall promulgate and enforce primary drinking water regulations and may promulgate and enforce secondary drinking water regulations; the Board shall administer a permit system for the discharge of pollutants; the Board shall adopt and implement plans for the certification of applicators of pesticides and for the issuance of experimental use permits for pesticides (sects. 128 and 129). Section 142 and 143 provide for the making of environmental impact statements. Descriptors (Environment gen.): basic legislation; environmental planning; EIA; pesticides Descriptors (Water): potable water; water supply Descriptors (Sea): pollution control; marine pollution Descriptors (Waste & hazardous substances): pesticides; authorization/permit
Amendment to the 06 Environmental Impact November Statement Regulations 1998 (Chapter 2401-61): Notice of Determination.
Amendment to the Environmental Impact Statement Regulations (Chapter 2401-61): Public Review and Comment.
Amendment to the Environmental Impact Statement Regulations (Chapter 2401-61): Reimbursement of Fees: Independent Preparer Required.
Amendment to the Environmental Impact Statement Regulations (Chapter 2401-61): Content Requirements: Draft EIS
98
Appendix 2: People Met and Diary of Activities
Date Persons Met Contact 25/04/11 Kathleen Sisior M: 779 8561 Tuna Data Manager/Licensing Officer T: 488 3125 PO Box 117, Malakal, Koror Republic of Palau 96940 Oceanic Fisheries Management Section Bureau of Marine Resources Phone: + (680) 488 3125 (office): + (680) 779 8561 (Mobile): E-mail: [email protected]
26/04/11 Geof Ye Operations Manager - Palau International Traders Incorporated 27/04/11 Quarantine Officers - Olkeril Yaoch (Supervisor) Ray Skilang Harlan Derbai 28/04/11 Bernard Sikyang + 488 6073/6345 Environmental Health Officer [email protected]
Hilda Masahiro Environmental Health Technician [email protected]
Nixon Augustine M: 779-6843 Environmental Health Technician [email protected] 29/04/11 Theofanes Isamu, Director Fax. (680)488-3555 Email: [email protected] Victoria Roe PO Box 1365 Assistant Attorney General Koror Palau +680 488 2581 [email protected] 25/05/11 Maireng Sengebau +488 2212 Director Bureau of Public Health 775 2212 [email protected]
Diary of Activities
Date Person met Activity 25/04/11 Staff of BMR Data collection, country profile, situation assessment 26/04/11 Operations Manager PITI Site visit to PITI fish exporters landing site at exporters Malakal
99 27/04/11 Quarantine Department Staff Discussions with quarantine department about their part in official controls over fish imports 28/04/11 Environmental Health Staff Discussions with Environmental Health Department about their role in food safety 29/04/11 Theofanes Isamu, Director Mission Summary Victoria Roe Meeting to discuss means by which Assistant Attorney General legislation is drafted and becomes law 25/05/11 Maireng Sengebau Skype call to acquire Public Health Director Bureau of Public legislation Health
100 Annex 5: Samoa
ACP Fish II Assessment of Seafood Safety standards in Pacific ACP countries
12th- 22nd April 2011
101 Background Samoa faces a difficult period of export trading owing to reduced albacore catches in recent years and the uncertainty of the main market for their products, the canneries in American Samoa. The current processors have no interest in the EU market. Current legislation is directed towards fishery management and that which does point towards fishery products falls far short of the EU regulations. Much work is needed to consolidate it into a raft of cohesive legislation that includes documented inspection and testing procedures. In fact the very state of the fishing industry militates against early reform of the legislation to an equivalent form with that of the EU. It would impose an impractically high burden on both the private sector and the inspectorate. A preferred approach is suggested that incorporates a consolidation of the draft regulations into laws that will tighten food (fish) safety and introduce formal inspection services at an appropriate level. This would require long term training inputs in fish quality, auditing and inspection, sampling and testing and awareness of international fishery products regulations.
Importance of fishing to the Samoan economy Fish and fishing is important to Samoa, both economically and socially. In 2007 over half of all exports of the country consisted of fishery products. About a quarter of all households receive some income from fishing. Official estimates show that fishing in 2007 was responsible for 5.4% of Samoa‘s GDP (recalculated 6.2%). Exports of fishery products are about 55.3 % of all exports. Access fees paid by foreign fishing vessels represent only 0.15% of all government revenue. With respect to employment, 41.7% of households in Samoa have at least one fisher. Almost all commercial fishery exports in recent years are tuna products. In recent years catches by the Samoa-based offshore fleet have ranged from about 1 700 to 3700 tonnes (tuna plus bycatch). Estimates of the coastal marine catch are/indicate that about 4,500 tonnes is taken annually by the coastal commercial fisheries and an amount slightly less by the coastal subsistence fisheries In terms of export development, the potential has, in recent years been affected by a reduction in catches. No added value accrues to the fishing industry from processing operations; fish is primarily exported to the USA and Japan for the sashimi trade and to American Samoa for the less quality dependent canning trade.
The Ministry of Agriculture, Forests and Fisheries Division of Fisheries (DoF)
Organisation of Fisheries department
Responsibility for fisheries and marine resource matters is vested in the Fisheries Division of
The Ministry of Agriculture Forests and Fisheries. The Division is headed by Assistant Chief Executive Officer, headquartered in Apia, and employs about 35 staff.
The substantive work of the Fisheries Divisions organized into six services:
102 Inshore Fisheries Services Offshore Fisheries Services Aquaculture Services Community Fisheries Advisory Services Regulations and Enforcement Services Fish Market Services
The FD aims at developing a CA that will operate in line with EU requirements. At present it has three staff to cover processing and export industry and may draw on at least three other inspectors to cover any expansion of the processing and export industry.
Currently costs are covered by the existing DoF budget. None of the staff has sufficient training in food safety and to ensure hygiene inspection a long term commitment to training will be needed.
A greater challenge to the operation of the CA will be the cost of sampling and analysis as part of the Official Controls. These costs are conservatively estimated at ST90,000 in the first year of operation, assuming three premises are exporting to the EU. The costs may be higher, depending on the mix of boats (chilled/freezer) which supply the processors. If only one export premises was to be inspected, sampling and analysis costs could drop to ST42,000 in the first year.
Laboratory - SROS
The Scientific Research Organisation of Samoa (SROS) which has good laboratory facilities received ISO17025 accreditation through IANZ (International Accreditation New Zealand) in March 2011 (5 tests methods in microbiology and 8 tests methods in chemistry). It is an independent body financed by the Ministry. It has a staff of app. 21 (12 technical, 9 admin). There are two new buildings attached to the main building covering chemical and microbiological testing, including water and food (general microbiology such as aerobic plate count, coliforms/ E. coli).
The laboratory is well equipped and would be able to undertake all the analysis which would be required for an EU third country fish, including histamine (by HPLC), heavy metals and microbiology. The analytical section has a HPLC with several detection systems, a GC/LC and an AAS (hydride, vapour generator, flame), a Kjeldahl system and Karl-Fischer-Titration equipment.
It is proposed that SROS will become the designated government laboratory for all export products. SROS would need some time to develop the EU required tests methods and to received accreditation for them and would need to invest into a microwave digestion system for sample preparation for heavy metal determination.
Private Industry
Processing premises At present, only two premises process fish for export to the US – primarily to the canneries in Pago Pago, American Samoa. They are not export approved by the FD.
Both are sited on the fish quay in Apia and both would need to be rehabilitated before they could meet the EU requirements.
103 Their management systems were largely unaudited; there was a general lack of documentation and Critical Control Points for HACCP were not adequately controlled. Operating standards and supporting documentation would need substantial improvement to be able to meet EU standards. Similarly, the elements of the Prerequisite Plan (PRP, lacked documentation and tended to rely on direct instruction for their operation rather than effective staff training to operate comprehensive, written guidance.
Apia Export Fish Packers Limited The company exports frozen and chilled tuna to a cannery in American Samoa mainly and fresh chilled tuna to USA. It employs approximately 10 staff the company handles approximately 90% of Samoa‘s whole fish export and has a fleet of 14 vessels. Production in 2010 was 79,000 kg fresh and frozen tuna. The company has invested into several ice machines.
Apia Export Fish Packers is interested to supply the local Pacific region, not in export to the EU market. The company want to add value to existing products by establishing a facility to carry out loining and vacuum packing of high and medium quality tuna for export to the US (Honolulu). They are in evaluation how to process it and to ship the product via air to the US on a reasonable cost. They have asked Pacific Trade Invest on technical assistance and training related to tuna loining food technology.
The company is operating an SSOP and GMP Manual, and a HAACP plan as for export of fish to the US. The FD has inspected the system in initially and issued an export licence however since then activities related to export certification stopped due to missing legislation. Product is not tested for fish quality and hygiene. Tests are related to sensory and temperature testing.
During an interview with the owner of the company it was made categorically clear that they did not have any interest in the EU market. Bearing in mind the company owns 90% of the export fish, which has a strong bearing on the short term activities in developing a CA and changing legislation.
Other private interests At the time there were no other developments although interest had been expressed on several occasions by Chinese concerns.
104 General legal framework The main legislative instrument relating to fisheries in Samoa is the Fisheries Act of 1988, prepared with assistance from FAO and the Forum Fisheries Agency. The Act has been amended in 1999 and 2002. The Fisheries Act is directed towards fishery management rather than fishery products and controls the operation of both domestic and foreign fishing vessels. Even so, it has relevance for the export of fishery products, as shown by the gap analysis.
Fish Processing and Exports Regulations were drafted in 2002 but not enacted, then redrafted 2006 as the Fisheries (Fish and Fish Products) Regulation (issued by the Minister in exercise of power conferred in by section 45 of the Fisheries Act 4) but are still not in power. The regulation, should it be implemented will have a strong bearing on the ‗farm to fork‘ chain as it stipulates the requirements for hygiene conditions in fishing vessels, including freezing and factory vessels, hygiene requirements following landing and hygiene conditions at fish processing establishments, including requirements to HACCP and own check systems. The regulation (Part IV, section 59) also nominates the Fisheries Division as the CA. Not all sub-divisions in the FD are involved in official control activities and the regulation does not indicate a need for the specific organisation of the official control activities.
Policies and Strategies The fisheries policies of Samoa can be inferred from a variety of documents. The general policy thrust is given by the mission statement of the Fisheries Division:
―Promotes the optimum and ecologically sustainable use of the country‘s fishery resources and the development of suitable alternatives to harvesting depleted resources in order to maximize benefits to Samoa‖
The main government policy in the offshore fisheries is to work within the framework of the Commercial Fisheries Management Advisory Committee to address issues affecting the management and further development of the offshore fisheries in Samoa.
The private sector‘s policies are not formalized. Judging from the attitudes and recent action of the companies engaged in offshore fishing, the main policy is not one of expanding but rather surviving during a period of poor albacore fishing – as has been the case for the last few years The main trends in the fisheries sector include a decline in albacore abundance in the Samoa zone, likely due to a combination of factors.
The contribution of fisheries and agriculture to the Samoan GDP have remained about equal during the present decade.
The general trend is therefore towards control of sustainable resources and currently less in terms of developing official controls to support the export trade.
National Export Strategy 2008-2012 The strategy was prepared by the NES Steering Committee with technical assistance of the Commonwealth Secretariat and states that the ―Export sector to be a major contributor to sustainable economic growth by 2012‖ (3rd draft; Apia, 22nd May, 2008).
It laid down, amongst others, the Samoan government objectives for fishery product exports. The NES identifies the fisheries industry as an export leader and one where there may be scope for
105 expansion or added value. In 2007, fisheries accounted for 55% of exports, valued at ST$20 million and the target in the NES is to take this up to ST$36 million.
If GoS is to meet this target, it will be essential to create a supportive legislative framework that combines effective regulation of food safety with the provision of a supportive and enabling environment to ease market access.
Samoa Tuna Management and Development Plan 2011-2015. This five year plan was formulated by the Ministry of Agriculture and Fisheries, Fisheries Division to direct the development of the tuna longline fishing industry and promote a sustainable management of the tuna resources.
The primary objective of the policy remains one of stock management and sustainable development with viable management measures to ensure the stocks of the four main tuna species (albacore, yellowfin, bigeye and skipjack tuna) remain healthy, but including strengthening capacity and capability of local authorities such as fisheries personnel, legislative review and a mechanism for plan review.
In particular the section below:
3.2.2 Maintain and Expand the Export of Tuna and Tuna Products from Samoa
Strategies to be adopted to increase exports include:
a) The promotion and development of new markets, including exploring options for the export of tuna to the EU, noting the need to meet the stringent food safety requirements of that market and the need to conform with the EU IUU Regulation. d) The establishment of a Competent Authority for seafood exports.
106
Gap analysis comparing equivalence of Samoa and EU legislation
Fish Hygiene legislation - Definition of the control system6 EC requirement Source in EC legislation Country requirement Action needed, comments Nomination of the Competent Article 4 (Designation of competent authorities Seafood Safety Verification Body nominated in None Authority and operational criteria and operational Criteria) Regulation (EC) No Fisheries Act 1988 as amended as the 882/2004 on official controls performed to ensure Competent Authority the verification of compliance with feed and food law, animal health and animal welfare rules Definition of system of approval Article 4. Registration and approval of Food and Drugs Act 1967 Expansion to reflect the more detailed for establishments establishments of Regulation (EC) No 853/2004 40 2) g) Prohibits the use of any room or place requirements of the EU regulations of the European Parliament and of the Council of for the preparation of any food for sale without 29 April 2004 laying down specific hygiene rules the approval in writing of the Chief Executive for food of animal origin Officer or an inspector
The Fisheries Amendment Act 1999: The Minister must grant approval for a fish processing establishment Definition of technical conditions Chapter III: Requirements for establishments, Not present Develop to become more closely defined for approval of establishments including vessels, handling fishery products of (physical plants and working Section VIII: Fishery products, of the Annex to practices) including HACCP regulation 853/2003. Requirement for traceability Article 18 of Regulation 178/2002 Not present Legislation should address details Requirements for approval and No approval system only registration of local Develop to become more closely defined registration of vessels vessels and licensing of foreign vessels – Fisheries Act 1988 as amended Requirement for inspection of Chapter I: Requirements for vessels of section Not present Legislation should address details fishing vessels VIII: Fishery products, of the Annex to Regulation 853/2003. Requirement for inspection of fish Chapter II: Requirements during and after landing Not present Legislation should address details landing sites of Section VIII: Fishery products, of the Annex to
6 Selected, initial stages only; for further details on the whole requirements see the applicable legislative text
107 EC requirement Source in EC legislation Country requirement Action needed, comments Regulation 853/2004 (Annex III: Specific requirements, Section VIII: Fishery products, Chapter V: Health standards for fishery products). Requirements for inspection of None detailed, only reference to the need for Legislation should address details establishment approval in writing by Minister (Fisheries Act 1988, amended) Requirement for organoleptic Commission Regulation (EC) No. 2074/2005 of 5 Produce Export Ordinance 1961 makes it the Legislation should address details inspection of fishery products and December 2005 laying down implementing duty of the Chief Executive Officer of the parasite checks measures for certain products under Regulation Ministry of Agriculture to comply with and No 853/2004, 854/2004, 882/2004 and amending enforce the provisions of all Regulations made Regulations 853/2004 and 854/2004 under the Ordinance for the purpose of maintaining the standard of produce exported from Samoa Monitoring of residues and Chapter II: Official controls of fishery products of None Legislation should address details contaminants in fishery products the Annex to Regulation 854/2004. Monitoring of harvest areas for Chapter of Section VII Live bivalve molluscs of None Legislation should address details as the production of bivalve the Annex to Regulation 853/2004 echinoderms may enter market in the form molluscs, gastropods, tunicates of sea cucumbers (holothurians) and echinoderms Powers of inspectors Regulation 882/2004 Powers of entry by staff of Ministry of Health Clarify which ministry holds power of entry and Ministry of Agriculture, Forestry and by reference to ownership of Competent Fisheries Authority for fishery products
Food safety conditions applied to marine capture fishery products for human consumption- fish hygiene legislation technical requirements
EC requirement Source in EC legislation Country requirement Action needed, comments Requirements for potable water Directive 98/83/EC of 3 November 1998 on the The Water Act 1965 as amended refer and Legislation should address details to quality quality of water intended for human consumption, provides a definition of potable water as: reflect those required under the current as amended by Regulation 1882/2003. "Potable water" means water which, at its point EU regulations. Refer also to Commission Note ―Check of water: of delivery into the piped reticulation system, Commission technical notes on water quality for complies with the guideline standards for fish processing establishments‖. drinking water quality as recommended by the World Health Organisation
108 EC requirement Source in EC legislation Country requirement Action needed, comments The Samoa Water Authority Act 2003 declared that the Authority shall set standards for water supplied but the Director General of Health may set standards for the quality of water supply equipment. Prohibited fish species Chapter V: Health standards for fishery products No references made Legislation should address details e. toxins harmful to human health of section Chapter VIII: Fishery products, of the Annex to Regulation 853/2004 Area control system for Annex II Live bivalve molluscs No references made Legislation should address details monitoring and closure of bivalve Chapter II: Official controls concerning live and gastropod molluscs, tunicates bivalve molluscs from classified production areas of the Annex to Regulation 854/2004. Requirement that testing Article 12 of Regulation 882/2004 on official No references made Legislation should address details laboratories for official control be controls performed to ensure the verification of accredited to ISO 17025 compliance with feed and food law, animal health and animal welfare rules Microbiological criteria for fishery Microbiological standards for fishery products No references made Legislation should address details products (including histamine (including histamine) along with sampling content) requirements are set out in Commission Regulation (EC) No 2073/2005 of 15 November 2005 on microbiological criteria for foodstuffs Sulphite content of crustacea European Parliament and Council Directive No No references made Legislation should address details 95/2/EC of 20 February 1995 on food additives other than colours and sweeteners Heavy metal limits for Cd, Pb and Regulation (EC) No. 315/93 of xxx laying down No references made Legislation should address details Hg Community procedures for contaminants in food - Regulation (EC) No. 1881/2006 of xxx setting maximum levels for certain contaminants in foodstuffs establishes maximum levels for cadmium, mercury, inorganic tin, 3-MCPD and benzo(a)pyrene in certain foodstuffs - Regulation (EC) No. 629/2008 of xxx amending Regulation (EC) No 1881/2006 setting maximum levels for certain contaminants in foodstuffs Sampling and analytical methods Commission Regulation (EC) No. 333/2007 No references made Legislation should address details applied by laboratories for heavy laying down methods of sampling and analysis metals for the official control of the levels of lead,
109 EC requirement Source in EC legislation Country requirement Action needed, comments cadmium, mercury, inorganic tin, 3-MCPD and benzo(a)pyrene in foodstuffs
Maximum residue limits for Commission Regulation (EC) No 1881/2006 of 19 No references made Legislation should address details Dioxins and dioxin-like PCBs, and December 2006 setting maximum levels for PAHs in fishery products certain contaminants in foodstuffs Sampling and analytical methods Commission Regulation (EC) No 1883/2006 of 19 No references made Legislation should address details applied by laboratories, for December 2006 laying down methods of analysis of dioxins and dioxin-like sampling and analysis for the official control of PCBs levels of dioxins and dioxin-like PCBs in certain foodstuffs Chemical checks on freshness - Regulation (EC) No 2074/2005 xxx laying down No references made Legislation should address details TVB-N - where organoleptic implementing measures of certain products under assessment has raised doubts as regulation (EC) no 853/2004 to freshness of certain fish Regulation (EC) No 1022/2008 amending species regulation No 2074/2005 as regards to the total volatile basic nitrogen (TVB-N) limits Maximum limits in bivalve and Chapter of Section VII Live bivalve molluscs of No references made Legislation should address details gastropod molluscs, tunicates and the Annex to Regulation 853/2004. echinoderms of paralytic shellfish poison (PSP), amnesic shellfish poison (ASP), okadaic acid, dinophysistoxins and pectenotoxins yessotoxins azaspiracids
Food safety requirements for Aquaculture products - Aquaculture residue control legislation
EC requirement Source in EC legislation ´Country requirement Comments System of approval for Council Regulation 2377/90 laying down a No references made Legislation should address details registration, controls on import, Community procedure for the establishment of and production of maximum residue limits of veterinary medicinal pharmacologically active products in foodstuffs of animal origin substances used for the veterinary treatment of animals which are used for human food 110 EC requirement Source in EC legislation ´Country requirement Comments Prohibition of use of stilbenes and Article 11 (2) of Council Directive 96/22/EC of 29 No references made Legislation should address details thyrostats, and limitation of use of April 1996 concerning the prohibition on the use steroid hormones and beta- in stock farming of certain substances having a agonists hormonal or thyrostatic action and of beta- agonists and Directive 003/74/EC of the European Parliament and the Council of 22 September 2003 amending Council Directive 96/22/EC concerning the prohibition on the use in stock farming of certain substances having a hormonal or thyrostatic action and of beta-agonists Regulations governing distribution Article 7 (indent 1) of Council Directive 96/23/EC No references made Legislation should address details of controlled compounds, their requires a third country to provide a description of prescription and use in animal the legislation governing the authorisation, production for human distribution and use of veterinary medicinal consumption products; However such provisions within the Community are not harmonised
Residue monitoring system Article 4 and Article 7 of Council Directive No references made Legislation should address details 96/23/EC of 29 April 1996 on measures to monitor certain substances and residues thereof in live animals and animal products which defines sampling requirements and tests to be undertaken in respect of aquaculture animals.
Requirements applying to transhipment and third country vessels- provisions for inspection of vessels flagged by another state
EC requirement Source in EC legislation Country requirement Comments Inspection of vessels flagged by Article 18 Regulation 854/2004 allows inspection Fisheries Act 1988 as amended. Legislation should address details another third country by the CA of a vessel listed by another 3rd Gives power of search of vessels, vessel and country. crew safety etc but no other requirement in terms of fish quality or sanitary arrangements. Transhipment is allowed only with authorisation of the Director of Fisheries.
111 Conclusions and Recommendations
1. Conclusion: Legislation The gaps analysis demonstrates that the Samoan food legislation has no ‗farm to fork‘ continuity of control and many areas that do not achieve equivalence to that of the EU food package. The NES has identified the need for a supportive framework of legislation, however, any regulations that are developed for the export of fishery products should ensure a sustainable fishery and export industry. Likewise the Tuna Management and Development Plan envisages legislative review. These are admirable aims and in part necessary but timing the introduction of more stringent regulation of the industry is of paramount importance if new rules are to be effective and seen as supportive by the private sector. Currently however, the private sector has shown no interest in the EU market, which is the driving force for major legislative change and the creation of a CA. In those circumstances seems fruitless to impose barriers to growth in the form of greater regulation that the industry requires for its existing markets and any changes should therefore balance the needs of safe food with the need to maintain trade. One step at a time appears the best approach, otherwise heavy legislative changes may result in industry assuming an entrenched position and enforcement becoming just that, forcing change, which in economic terms is counterproductive.
1.1 Recommendation: Legislation 1.1.1 At this stage in the development of the Samoan fishing industry changing to law equivalent to that of the EU is not recommended. It would impose high costs on an industry that is suffering from decreased margins and provide no benefits to the existing traders and is not, on the whole required by its current market. It is recommended that existing fishery products legislation be consolidated to encompass basic food safety, inspection and HACCP requirements. 1.1.2 It is also recommended that any work on sanitary laws or regulations is a consultative process that includes persons from these disciplines or the local equivalent : Ministries e.g. Fisheries, Health, Trade and Commerce, Port Authority, Quarantine; lawyers, and Attorney General, private sector.
2. Conclusion: Creation of a CA The fishing industry is not in a condition to consider export to the EU and will not be for some years. At the very least there is a need for the private sector to show an interest in that market before it is worthwhile the GoS making the considerable effort of creating an EU compliant CA.
2.1 Recommendation: Creation of CA It is not recommended that an EU equivalent CA be created in Samoa at this time
3. Conclusion: Development of Fisheries Inspection Service There are certainly worthwhile moves that can be made by the DoF and the donor community that will help to secure and advance the skills of the inspection officials and the legislative basis for official controls. The fishing vessels, landing site, retail market and processors all require inspection and advice on GMP, with recommendations on improvements or corrective actions. These activities will improve handling, improve understanding and over time improve fish quality throughout the chain. They will also provide the inspectors with practical experience that will benefit them when they come to enforce tougher regulations to comply with increased international market demands.
112 The existing exporters are likely to come under pressure from the US market as its import to guarantee requirements move towards more proofs of adherence to HACCP systems. Other regional markets (Japan, New Zealand and Australia) either have broad ranging risk based requirements placed on their importers or prescribe contamination limits. At present some of these, especially the Japanese legislation, are not strictly enforced but as the international market becomes more alert to food safety issues, they may be brought into action at any time with immediate impact on the export trade. The fish industry should be aware of this risk and the inspectorate should be prepared to assist by providing guidance and testing facilities, starting with guidance on GMP and HACCP systems.
3.1 Recommendations: Development of Fisheries Inspection Service It is recommended that the fishery inspectors be provided with further training in: 1. Practical application of HACCP principles. 2. The purpose of and practice of sampling and testing product 3. Sanitary inspection, auditing verification and monitoring activities as well as to upgrade existing testing infrastructure. 4. Fish quality and good manufacturing practice. 5. Awareness of fishery products regulations in regional markets (USA, Japan, Australia, New Zealand) and the EU.
4 Conclusion: Seafood Standards Council The Seafood Standards Council as described in the Fisheries Management Bill 2011 comprises a large number of highly placed GoS personnel and has the remit to both present policy and to determine seafood standards.
Whilst such personnel are very experienced in the systems of government and civil service, there is no indication that they are well trained in fish safety and quality or have experience to lend on fish catching and processing. In addition, highly placed government staff are often very busy and may not be readily available for Council service. On this basis, it would seem appropriate, and certainly more satisfactory from the point of view of an external auditor (e.g. from the EU‘s DG SANCO) that they retain their policy making role but delegate the development of standards to staff who are nearer to the industry such as the fish inspectors as they are readily available and have the appropriate knowledge of fish quality and safety to provide in-depth technical opinions.
4.1 Recommendation: Seafood Standards Council It is recommended that the work of developing industry agreed standards be handed to the DoF.
113 Appendix 1: Membership of international groups/organisations
Samoa is a member of these organisations, from some of which it may find donor support:
Africa, Caribbean and Pacific Group of States (ACP), Asian Development Bank (ADB), the Commonwealth, Economic and Social Commission for Asia and the Pacific (ESCAP), Food and Agriculture Organisation (FAO), Group of 77 at the United Nations (G77), International Bank for Reconstruction and Development (IBRD), International Civil Aviation Organisation (ICAO), International Confederation of Free Trade Unions (ICFTU), International Development Association (IDA), International Fund for Agricultural Development (IFAD), International Finance Corporation (IFC), International Federation of Red Cross and Red Crescent Societies (IFRC), International Monetary Fund (IMF), International Maritime Organisation (IMO), Intelsat (non-signatory user), Intergovernmental Oceanographic Commission (IOC), International Telecommunications Union (ITU), Organisation for the Prohibition of Chemical Weapons (OPCW), Pacific Islands Forum (PIF), South Pacific Regional Trade and Economic Co-operation Agreement (SPARTECA), Secretariat of the Pacific Community (SPC), United Nations (UN), United Nations Conference on Trade and Development (UNCTAD), United Nations Educational, Scientific and Cultural Organisation (UNESCO), Universal Postal Union (UPU), World Health Organisation (WHO), World Intellectual Property Organisation (WIPO), World Meteorological Organisation (WMO), World Trade Organisation (WTO) (observer).
114 Appendix 2: Diary of Activities and People Met
April People Met/Addresses Activity 11 Atonio P. Mulipola ACP Fish II Programme Assistant Director Monitoring Workshop for the Ministry of Agriculture & Fisheries Pacific PO Box 1874, MAF, Samoa Phone: + (685) 23863 (office): + (685) 7502638 (Mobile): Email: [email protected]
Mr Ueta Jr. Fa'asili Principle Fisheries Officer Ministry of Agriculture and Fisheries Offshore Fisheries Fisheries Division, MAF Office ph: (685) 20-369 ext 115, mobile : (685) 77-50478 Fax no : (685) 24-292
Mr Magele Etuati Ropeti Coastal Fisheries Management Officer Secretariat of the Pacific Community (SFP) B.P. D5 – 98848 Noumea Cadex – New Caledonia Telephone: +687 262000 (Ext. 492) Email: [email protected] Website: www.spc.int/coastfish
Ian Freeman Pacific Islands Forum Fisheries Agency http://www.ffa.int
Mose Topeto Senior Fisheries Officer - Oceanic Section Offshore Fisheries Fisheries Division, Ministry of Agriculture and Fisheries Office ph: (685) 20-369 ext 115, mobile : (685) 7 dd: +685 20369 ext 127/mb: +685 727 7231/fax: +685 24292 email: [email protected]
Philippe Cacaud ACP FISHII Coordination Unit, Brussels Legal and MCS Expert Avenue de TERVUREN 36 1040 Brussels, Belgium Phone : + 32 2 739 0061 (office) : + 32 479 299350
115 April People Met/Addresses Activity (Mobile) : E-mail : [email protected]
Hugh Walton Fisheries Development Adviser Pacific Islands Forum Fisheries Agency http://www.ffa.int Forum Fisheries Agency (FFA) Team Leader (DevFish 2 Project) PO Box 629, Honiara, Solomon Islands Phone: + (677) 21124 (Office): + (677) 7402428 (Mobile): E-mail: [email protected]
Augustine Mobiha ACP FISHII Pacific Region Regional Manager, Pacific Region C/- Forum Fisheries Agency PO Box 629, Honiara, Solomon Islands Phone : + (677) 21124 (Office): E-mail : [email protected] or [email protected]
James Tafatu 78 Alofi, Niue Sir Roberts Wharf, Fisheries Phone: + (683) 4032 (office): E-mail: [email protected]
Vilimo Fakalolo Deputy Secretary for Fisheries Fisheries Division, MAFFF BOX 871, Sopu, Tonga Phone: + (676) 21399/27799 (Office) : + (676) 7747661 (Mobile) : E-mail: [email protected] or [email protected]
Naitilima Tupou Pacific Islands Tuna Industry Association (PITIA) Secrétariat, Tonga (PITIA) PO Box 1704, Nukualofa, Tonga Phone : + (676) 28867 (office) : + (676) 876 3117 (Mobile) : E-mail : [email protected]
Andrew Peteru Assistant CEO
116 April People Met/Addresses Activity Ministry of Health 12 As above ACP Fish II Programme Monitoring Workshop for the Pacific 13 Mr Ueta Jr. Fa'asili Meeting with Ministry of Ministry of Agriculture and Fisheries Agriculture & Fisheries to Offshore Fisheries discuss the mission Mose Topeto Fisheries Officer 14 Hugh Walton, FFA (Devfish) Meetings at Ministry of Health Meeting FFA and SPC 15 Sourcing of Samoan Legislation 16 Sourcing of Samoan Legislation 17 - Sunday 18 John Luff Meeting to discuss the Owner exporter‘s views on export to Apia Export Fish Packers Ltd EU Mrs Beverly Liwi Meeting to discuss the exporter‘s views on export to EU 19 Mr Andrew Peteru Assistant CEO
20 Pousui Dr. Fiame Leo Visit to Scientific Research Principal Research Officer Organisation of Samoa Scientific Research Organisation of Samoa (SROS) laboratories Environmental Renewable Energy Division, Chemical Division PO Box 6597, Apia Post Office, Apia, Samoa Phone: (685) 20664 Email: [email protected]
Seeseei Molimau Principal Research Officer Plants & Food Technology Division Microbiology PO Box 6597, Apia Post Office, Apia, Samoa Phone: (685) 20664 Email: [email protected] www.sros.org.ws
Kuinimeri Asora Manager Plants & Food Technology Plants & Food Technology Division PO Box 6597, Apia Post Office, Apia, Samoa Phone: (685) 20664 117 April People Met/Addresses Activity Mission Summary meeting with DoF.
Atonio P. Mulipola Assistant Chief Executive DoF
Mr Ueta Jr. Fa'asili Principle Fisheries Officer
Mose Topeto Senior Fisheries Officer - Oceanic Section
118 Appendix 3: Samoan Documents Reviewed
Food and Drugs Act 1967
Ministry of Health Act 2006
Animals Ordinance 1960
Quarantine (Biosecurity) Act 2005
Samoa Water Authority Act 2003
Water Act 1965
National Export Strategy 2008-12
2005, No.x amend the Fisheries Act 1988
Samoa fishery legislation from FAOLEX
2002, No. 19 Fisheries Amendment Act
Samoa Tuna Management and Development Plan 2011-2015
Foreign and Commonwealth Office UK. http://www.fco.gov.uk/en www.cia.gov/library/publications/the-world-factbook
119 Appendix 4: Legislation – FAO-lex, with analysis
Samoa
Food Safety, seafood standards, trade, water, testing
Title of text Countries/comment
Fisheries Act 1988
Consolidated: 2008
An Act to provide for the conservation, management and development of fisheries in Samoa, for the licensing of foreign fishing vessels and for regulation making Amended by: powers of the Head of State with respect to matters of fisheries, marketing and distribution of fish, and aquaculture. The 27 sections are divided into 8 Parts: - Fisheries Amendment Act 1999 Preliminary (I); Fishery Conservation, Management and Development (II); Foreign (No. 11 of 1999), 30 June 1999 Fishing (III); Other Licenses and authorizations (IV); Powers of authorized Officers - Fisheries Amendment Act 2002 and Legal Proceedings (VI); Regulations (VII); Other Matters, Amendments and Savings (VIII). Comma 3 of section 3 specifies powers of the Director of the (No. 19 of 2002), 22 August Department of Agriculture, Forests and Fisheries. Section 5 provides for the 2002 registration of local fishing vessels. Section 6 sets out the minimum requirements for contents of access agreements. Powers of granting of licences, imposing of conditions and cancellation or suspension of licences lie with the Director of the Implemented by: Department. Section 27 provides for the amendment of the Land Ordinance 1959 with respect lease of land for aquaculture. - Papa by-laws 1998. It establishes the Seafood Safety Verification Body as the Competent Authority. - Salua Uta, Manono By-laws Descriptors (Fisheries): basic legislation; marine fisheries; institution; fishery 1997. management and conservation; fishing gear/fishing method; foreign fishing; access right; fishing licence; registration; aquaculture; nforcement/compliance; Amends the Land Ordinance offences/penalties 1959 and repeals the Fisheries Protection Act 1972 and the Fish Dynamiting Act 1972
This Act amends the Fisheries Act 1988, which concerns the conservation, management and development of fisheries in Samoa. There are additional Fisheries Amendment Act provisions on local commercial fishing vessel registration and the licensing of 1999 (No. 11 of 1999) local commercial fishing vessels. The Minister may prescribe the categories of Date of text: 30 June 1999 fish or fish products that may not be exported from Samoa. Fish processing Amends: Fisheries Act, 1988 establishments require a licence which may be granted by the Minister and there are additional provisions related to authorization for transhipment.
Amends: Fisheries Act, 1988/2008 (sections 3 and 25 and add Part VA). This Act amends the Fisheries Act 1988 by adding a new Part on processing, Fisheries Amendment Act trading and marketing of fish and products. Fish and fish products shall not be 2002 (No. 19 of 2002) processed, traded or marketed except in accordance with this Part and Date of text: 22 August 2002 processing, trading and marketing of fish products shall comply with the Fish Processing, Trading and Marketing Regulations made under this Part. There is
120 Title of text Countries/comment
established the Samoa Seafood Standards Council. The Council shall assist the Samoan Seafood Industry and Government in policy formulation, the setting of industry standards, etc. and shall be the consultative forum between the Samoan Seafood Industry and the Government concerning the development, implementation and review food safety standards and protocols facilitate market access for Samoan fish and fish products. Regulation making powers of the Head of State are defined. Descriptors (Food): food quality control/food safety; hygiene/sanitary procedures; fish products; institution
Fish Processing and Exports The draft regulation comprises 7 Parts and 19 clauses: (I) Preliminary, (II) Regulations 2002 Licensing of fish processing establishments, (III) Obligations of operators, (IV) Certification, (V) Complaints, notices & investigations, (VI) Offences & penalties, Redrafted 2006 (VII) Protection from liability. Schedules: 1. Standards applying to fish processing establishments, 2. Operational requirements applying to fish processing Draft, not in power establishments,
Provides the Head of State with sufficient powers to create and enforce specific legislation to cover the export of fisheries products and, if necessary to create specific legislation for particular export markets. The legislation comprises 14 parts in 108 clause and 2 schedules: (1) Preliminary, (II) Administration, (III) Fisheries Treaties, (IV) Fishing Activities, (V) Fisheries Management Areas and Plans, (VI) Aquacultures, (VII) Village Community Fisheries By-Laws, (VIII) Licences, (IX) Port Measures and Transhipment, (X) Processing, trading and marketing of fish and fish products, (XI) Monitoring, control and surveillance, (XII) Fisheries Management Bill Sale, release and forfeiture of seized property, (XIII) Jurisdiction and evidence, (21st August 2010) (XIV) Miscellaneous Draft from 10 January 2011 Regulated are amongst other the establishment and functions of the Fisheries Department, fisheries management plans, licensing of fishing vessels, Draft intended to replace the transhipment, on regulations to be made related to processing, trading and old Fisheries Act 1988 It is marketing of fish and fisheries products and the Samoa Seafood Standards intended to try and get the Bill Council that amongst others assist the Samoan Seafood Industry and made law in the current Government to establish industry standards and to ensure public health farm to session of Parliament fork related to fish and FP. It will act as the consultative forum concerning the development, implementation and review of: (i) food safety standards; industry agreed standards; (iii) verification procedures required by regulations and Industry Agreed Standards made under this Part; protocols necessary to facilitate market access for Samoan fish and fish products; and the management of the Samoan Seafood Industry. to provide leadership, analysis and advice to the Samoan Seafood Industry and Government concerning the development of cost effective and sustainable standards in accordance with international best practice etc
Agriculture, Forests and Fisheries The Ordinance constitutes and establishes the Department of Agriculture, Forests Ordinance and Fisheries, and makes certain provisions in regard to agriculture, forests and fisheries. This Ordinance is composed of 16 sections, i.e.: Short title and Date of text: 24 August 1959/ commencement (sect. 1); Interpretation (sect. 2); Application of Ordinance to exclusive economic zone (sect. 2A); Constitution of Department (sect. 3); Consolidated: 2008 Principle functions of the Department (sect. 4); Director of Agriculture, Forests Consolidated version of 1996 and Fisheries (sect. 5); Appointment of other officers and employees (sect. 6);
121 Title of text Countries/comment of Ordinance No. 6 of 1959 Existing appointments deemed to be made under this Ordinance (sect. 7); Officers to act under the direction of the Director (sect. 8); Delegation of powers of the Minister (sect. 9); Delegation of powers of Director (sect. 10); Powers of Minister (sect. 11); Special investigations (sect. 12); Advisory and technical committees (sect. 13); Annual report (sect. 14); Regulations (sect. 15). (1 Schedule)
The Department shall be vested with the powers specified in the Ordinance listed in the Schedule.
Agriculture Store Corporation Act This Act provides for the establishment of the Agriculture Store Corporation, 1975 defines its functions and powers and provides with respect to its functioning and operations. The principal functions of the Corporation shall be to promote and 23 December 1975 encourage the economic development of the agriculture, forestry and fishing industries of Samoa by selling or hiring equipment, feed, seeds, fertilizers, Consolidated:2008 chemicals, insecticides, pesticides and other supplies used agriculture, forestry or Consolidated version of Act fisheries and to purchase and resell, in Samoa and overseas, any produce and No. 21 of 1975 products of the agriculture, forestry and fishing industries.
These Regulations concern local fisheries provisions in Samoa and include 4 Parts, i.e. Conservation measures (I); Fish aggregating devices (II); Registration and safety requirements and Penalties (IV).There are provisions relating to the prohibition on catching or selling certain fish (sect. 3). The Regulations include a Local Fisheries Regulations 1995 Schedule that lists the type and size of fish that are prohibited from being caught. This includes a prohibition of fishing on certain crabs, turtles, lobsters and clams. Date of text: 14 April 1996 The uses of private fishing aggregating devices are prohibited without the permission of the Director and in accordance with the Regulations (sect. 15).
Descriptors (Fisheries): fishing gear/fishing method; protected fish species; size; crustaceans; molluscs; fishery management and conservation; offences/penalties
By-laws governing the conservation, sustainable management and development of fisheries and marine resources for the village of Papa Palauli le Falefa in Savaii. These By-laws shall apply to all residents of the village of Papa and non- residents who fish within the fishery waters of the village of Papa. Fishing of any nature in the fish reserve, established under by-law 4, is prohibited. Illegal fishing methods such as dynamite, ava niukini and other poison, as prohibited under the Papa by-laws 1998 Fisheries Act 1988, are also prohibited within the fishery waters of Papa (by-law 1998 5). Prohibition and conservation measures concerning minimum size limits for fish and shellfish and minimum mesh size for nets and fish traps and other restrictions stipulated under the Local Fisheries Regulations 1995 are also declared as by- laws of Papa (6). Pollution of waters is prohibited pursuant to by-law 7. (8 by- laws)
Implements Fisheries Act, 1988. 2008
The purpose of these By-laws shall be to promote the protection, conservation, Salua Uta, Manono By-laws management and sustainable development of the fishery water and marine 1997 environment of the village of Salua Uta, Manono. Trespassing and fishing of any nature in the fish reserve, established under by-law 4, is prohibited. Illegal fishing
122 Title of text Countries/comment
methods such as dynamite, ava niukini and other poison, as prohibited under the Fisheries Act 1988, are prohibited within the fishery waters of Salua Uta, Manono. Fishing methods like the traditional "fa'amo'a/tuiga" and all other fishing practises that deliberately damage or destroy the marine environment within the fishery water of Salua Uta, Manono, and the taking of Sea Anenome (Lumane) from the fishery waters of Salua Uta, Manono, are prohibited. Curryfish (Sea) taken from the fishery waters of Salua Uta, Manono must be processed at the place where it is collected and the body placed back in the water. (10 by-laws) Descriptors (Fisheries): marine fisheries; fishery management and conservation; fishing gear/fishing method; prohibited fishing area; protected fish species; offences/penalties
Ports Authority Act 1998 (No. 34 of 1998)
16 June 1998/2008 The Act establishes the Samoan Ports Authority as a body corporate with functions related to: (a) the maintenance of adequate and efficient port services, Revised edition of Act No. 34 facilities and security in ports and approaches; (b) the regulation of navigation and of 1998 as at 2008. maintenance of navigation aids within ports and approaches; (c) the promotion of this use, improvement and development of ports; and (e) the co-ordination of all activities of or within ports and approaches, and other functions set out in section 8. The Authority shall control the movement, loading, discharging, handling and Amended by: Ports Authority storage of dangerous goods within a port or its approaches and in particular and Amendment Act 1998 (No. 35 without limiting the generality of the foregoing may declare any goods to be of 1998). 28 August 1998 dangerous goods and carry out other actions in respect of dangerous goods as set out in section 51. Ports Authority Amendment Act 2002 (No. 3 of 2002), 28 August 1998
Water Act, 1965. All waterworks and water supply constructed prior to the coming into force of this An Act to consolidate and Act shall be treated as if constructed under the relevant provisions of this Act and amend the law relating to become subject thereto accordingly. The Right to use water to produce electricity water conservation, supply, is vested in the Government (sect. 5). The Head of State may purchase or take and use rights for purposes of generation of electricity or water supply under pursuant to section 6, whereas he/she may grant the right to use water from any river, stream, Date of text: 10 December lake or pool for the purpose of generating electricity or for the purpose of 1965. supplying water for domestic, agricultural, pastoral, industrial or commercial uses under section 7. The Head of State may appoint Water Supply Committees under Consolidation: 2008 section 8. The Director or the Water Supply Committee of a community may prepare a scheme plan for the construction, extension or enlarging of a water supply for that community (sect. 13). Subject to the provisions of this Act and to Implemented by: North Upolo any rights lawfully held as at the 12th day of April 1928, a Water Supply Supply Regulations, 1966, 01 Committee may take water from any river, stream, lake or pool to the extent March 1966 authorized by any grant under section 7 of this Act. Water Supply Committee may Repealed by: Water levy water rates pursuant to section 17. The Director of Works may construct Resources Management Act waterworks in accordance with section 33. - Every person who throws or pours 2008 (No. 31 of 2008), 05 any pollutant, or suffers or allows any pollutant to fall or flow, into any water or November 2008 watershed being a part of or taken or used for supplying water to any waterworks commits an offence. Minister may prohibit cutting of bush or cultivation (sect. 48).
123 Title of text Countries/comment
The Head of State may issue water supply regulations under section 55.
Descriptors (Water): basic legislation; institution; water supply; waterworks; public water; water rights; freshwater quality/freshwater pollution; hydropower generation; water charges; offences/penalties
The Water Authority established by the water Authority Act 1993/1994 shall continue and be known as the Samoa Water Authority. It shall be managed by a Samoa Water Authority Act 2003 Board of Directors. The Authority shall produce and supply water, encourage and (No. 13 of 2003) require the responsible use of Samoa's water resources, assist in protecting, An Act to continue the managing and conserving Samoa's water resources, identify new sources of operations of the Samoa Water Authority under revised water, assist in the formulation of national policies relating to the use and control legislative provisions aimed at of Samoa's water resources and carry out other functions as defined in section 9. promoting its financial Powers of the Authority, in particular in respect of construction of waterworks and independence and its role as a abstraction of water, are set out in section 10. Any interest in land acquired by the provider of economically Government under the Taking of Land Act 1964 for the purposes of this Act may viable services through an be vested in the Authority. Water supply services and other activities of the accountable management Authority are regulated by sections 21 and following. The Authority shall set structure Date of text: 26 June 2003 standards for water supplied but the Director General of Health may set standards Consolidated Acts of Samoa for the quality of water supply equipment. 2008 Descriptors (Water): institution; water supply; waterworks; water quality standards; water abstraction
Made under the Water Supply Ordinance The Satapuala Water Supply Committee appointed under section 3 of the Water Supply Ordinance 1953, shall be responsible for the installation, maintenance, and control of water supply to consumers in Satapuala Village and to other Satapuala Water Supply consumers on specified surrounding land. Plumbers shall only undertake water Regulations, 1957 connection I duly authorized by the Committee to do so. Other regulations specify Date of text: 9 May 1957 pipe diameter, and provide for specification of drainage, rates for large pipes, payment of rates, stop on supply in case of non-payment and rates to be paid to the Committee. Descriptors (Water): water supply; authorization/permit; institution
This Ordinance concerns public control on the quality of primary produce intended for exportation. ―Primary produce‖ includes fruit, vegetables, trees, plants, shrubs, and roots, the carcasses or produce of animals, birds, and fish or any part thereof, and the non-manufactured products of any produce. It shall be the duty of the Produce Export Ordinance 1961 Chief Executive Officer of the Ministry of Agriculture to comply with and enforce Date of text: 12 October 1961 the provisions of all Regulations made under this Ordinance for the purpose of maintaining the standard of produce exported from Samoa and he or she shall Consolidated Acts of Samoa have for this purpose necessary powers as specified in this Ordinance. The Head 2008. Consolidated version of of State shall have powers to issue Regulations on quality standards, packing, Ordinance No. 10 of 1961 treatment, handling, etc. of produce intended for exportation. Descriptors (Food): food quality control/food safety; vegetables/legumes; fruits/edible nuts; fish products; hygiene/sanitary procedures; international trade; authorization/permit
Consumer Information Act 1989 This Act lays down rules for presentation of goods for sale to the general public in An Act to make provision for Western Samoa. ―Goods‖ means any article or product of any type or class that is
124 Title of text Countries/comment informative labelling and intended for sale to any person for use or consumption, whereas ―food‖ has the marking of goods and for the same meaning as in the Food and Drugs Act 1967. Name and address of the prevention of deceptive or packager of goods shall be shown on the package. The Minister of Customs may misleading packaging, prohibit importation of goods that do not show name and address of the packager. labelling and advertising. Date of text: 20 September Other requirements may be prescribed by the Minister by Notice or the Head of 1989 State by regulations, both to be published in the official gazette. The method of Consolidated version of Act labelling is prescribed in section 6. Section 7 prohibits deceptive or misleading No. 5 of 1989, 2008 labelling; section 8 prohibits deceptive or misleading packaging, whereas section 8 prohibits deceptive or misleading advertising. The Minister may initiate investigation with the Commerce Board and appoint advisory committees (sect. 11 and 12). Other powers of investigation are set out in section 13. Remaining sections of this Act concern powers of the Minister and the Commerce Officer and methods and procedures of enforcement. Descriptors (Food): food quality control/food safety; packaging/labelling; fraud/deceit/adulteration; institution
This Ordinance provides rules relative to the protection of public health. Matters Health Ordinance 1959 regulated include general hygiene and the prevention of pollution and nuisance An Ordinance to consolidate and the licensing of abattoirs, bakeries and dairies. and amend certain laws The rules contained in this Act concern, among other things, the keeping of relating to public health animals, water supply systems and the control of food premises so as to avoid a 28 September 1959 danger to public health. Consolidated Acts of Samoa Descriptors (Food): hygiene/sanitary procedures; potable water; vending 2008 Descriptors (Waste & hazardous substances): pollution control
This Act provides rules for the importation, storage, handling and placing on the market of poisons, i.e. substances declared by the Head of State to be a poison. Importation, packing or sale of a poison requires a licence or authority and importation may only be carried out by certain categories of persons. The Chief Poisons Act 1968 Executive Officer for the Ministry of Health shall keep a register of the licences An Act to regulate the issued by him or her under this Act. The Minister of Health may prohibit importation, carriage, custody importation, sale, or use of toxic substances including pesticides, insecticides and and sale of poisons Date of text: 29 July 1968 radioactive substances. Consolidated: 2008 Descriptors (Food): toxicity/poisoning Descriptors (Cultivated plants): pesticides Descriptors (Waste & hazardous substances): pollution control; hazardous substances
This Act provides for the establishment of the Ministry of Health, defines its functions and powers and provides with respect to the administration and internal organization of the Ministry. Ministry of Health Act 2006 The Ministry shall, among other things, assist the Minister to administer, as the Date of text: 04 December case may require, the legislation set out in Schedule 1, which includes the Food 2006 and Drugs Act 1967 and the Poisons Act 1968. The Ministry shall be managed by Consolidation/reprint: 2008 a Chief Executive Officer. Descriptors (Food): hygiene/sanitary procedures; potable water; institution Descriptors (Waste & hazardous substances): pollution control
Food and Drugs Act 1967 This Act provides rules relative to the labelling and placing on the market of food An Act to consolidate and and drugs. It prohibits the adulteration of food and provides for instruments of
125 Title of text Countries/comment amend the law relating to the control such as analysis and inspection. The Act defines offences in relation with sale of food and drugs the sale of food and drugs. Sets out and regulates matters related the sale of food Date of text: 24 July 1967 and drugs. Offences are created of such as alteration of food amongst others. Consolidated:2008 Descriptors (Food): basic legislation; food quality control/food safety; hygiene/sanitary procedures; inspection; fraud/deceit/adulteration; packaging/labelling; offences/penalties
No information on draft version.
Currently in the state of a draft version. Reportedly, the Bill is being drafted in line with Codex Alimentarius requirements (supported by WHO). It is at an early stage of drafting which will enable the establishment of Food Standards. Reportedly the Food Bill/Food Hygiene Bill law will apply to the domestic market and imports and should not affect the 2010 operation of the fishery products export industry. The Ministry of Health has indicated that it is happy for the Competent Authority for fishery products exports to remain with the Division of Fisheries of MAF as the Ministry of Health does not have the resources to be able to take on the task.
This Ordinance provides rules relative to the impounding and control of straying animals, the registration of livestock brands, reproduction of cattle and horses, control on the importation of animals and the protection of game. The definition of ―animal‖ in this Act includes fish, wildlife, eggs, fodder, litter and carcase of an animal. Straying animals may be impounded in pounds established by the Minister. The Act defines duties of pound keepers and regulates the keeping and disposal of impounded animals. The Act also contains special rules for wandering Animals Ordinance 1960 pigs and allows the killing of diseased animals. As for the protection of game, the Date of text: 26 August 1960 Act grants powers to the Head of State to provide rules relative to the protection Consolidated: 2008 of animals and the hunting and killing of animals. The Act places restrictions on the taking of wild animals and the exportation of birds.
The Department shall be vested with the powers specified in the Ordinance listed in the Schedule. Consolidated version of 1996 of Ordinance No. 6 of 1959 and generally edited as provided for by section 5 of the Revision and Publication of Laws Act 2008
Quarantine (Biosecurity) Act (No. 22 of 2005) An Act to consolidate the law This Act concerns the prevention of the importation into Samoa of pests and relating to the importation of diseases affecting animals and plants and more in general the avoidance of risks regulated articles and related to diseases or pests affecting human beings, animal, plants or other associated biorisks, and the aspects of the environment or economic activities. The Act makes provision for control of pests and diseases the control of ―regulated articles‖ i.e. soil, garbage, litter, fodder, animals, animal of animals, plants and the products, plants and plant material, genetically modified organisms, etc. wider environment The Act provides for inspection, quarantine, treatment and other pest and disease control measures regarding regulated articles. ―Pest‖ includes alien invasive Date of text: 2 December 2005 species of animals and plants. The Act also provides for national biosecurity coordination by the responsible minister and international cooperation in the field Consolidated: 2008 of biosecurity. Descriptors (Livestock): animal health; inspection; offences/penalties Repeals: Descriptors (Cultivated plants): plant protection; pests/diseases; quarantine; planting material/seeds; weeds; GMO; alien species
126 Title of text Countries/comment
- Rhinoceros Beetle Ordinance 1954, 4 April 2005 Provides for matters relating to controls required for protection of environment - Noxious Weeds Ordinance from disease carried by humans and animals. Sets out important provisions of 1961 (No. 3 of 1961), 4 April matters to be attended such as appointing pof ports, establishing of quarantine 2005 stations. It gives powers to authorised officers to examine certain documents required to be kept from incoming vessels. It sets provisions for appropriates - Plants Act 1984, 4 April 2005 facilities and powers for carrying out duties, inspections etc. It males offences
Policies/strategies/development plans
The National Export Strategy 2008-2012 “Export sector to be a major contributor to sustainable economic growth by 2012‖, 3rd DRAFT , Prepared by the NES Steering Committee with technical assistance of the Commonwealth Secretariat. Apia, 22nd May, 2008 laying down, amongst others, Samoan government objectives for fishery product exports. The NES identifies the fisheries industry as an export leader and one where there may be scope for expansion or added value. In 2007, fisheries accounted for 55% of exports, valued at ST$20 million and the target in the NES is to take this up to ST$36 million. If GoS is to meet this target, it will be essential to create a supportive legislative framework which combines effective regulation of food safety with the provision of a supportive and enabling environment to ease market access. Any legislation developed for the export of fishery products should support government objectives for economic development and the need to ensure a sustainable fishery and export industry
Ministry of Agriculture and Fisheries, Fisheries Division: Samoa Tuna Management and Development Plan 2011-2015
Final outcome from a stakeholder consultative process that engaged the tuna industry, government organizations, non-government organizations, regional organizations such as FFA and SPC, the Commercial Fisheries Management and Advisory Committee (CF-MAC) and the Fisheries Division of the Ministry of Agriculture and Fisheries. FFA and SPC provided the technical and legal assistances Second 5- year plan formulated to direct the development of the tuna longline fishing industry and promotes a sustainable management of the tuna resources.
Policy framework and strategic directions for sustainable development.
Strategies and plan of actions related to sustainable development, viable management measures to ensure the stocks of the four main tuna species (albacore, yellowfin, bigeye and
127 skipjack tuna) remain healthy, strengthening capacity and capability of local authorities such as Fisheries personnel, legislative review and a mechanism for Plan review.
3.2.2 Maintain and Expand the Export of Tuna and Tuna Products from Samoa
Strategies to be adopted to increase exports include: a) The promotion and developments of new markets, including exploring options for the export of tuna to the EU, noting the need to meet the stringent food safety requirements of that market and the need to conform with the EU IUU Regulation. The establishment of a Competent Authority for export seafood be kept in mind as the government- based body responsible for controlling the standard of seafood exported and the interpretation of importing nation requirements.
Ministry of Health, Food Safety and Nutrition Policy, Not provided, Supported by WHO
Standards
Title of text Date of text Countries/comments
The standards:
are issued pursuant to Regulation 10 (b) of the Fish Processing and Export Regulations 2002
. may be referred to as the Samoa Seafood Standards Council Ministry of Agriculture, Forests, Fisheries Industry Agreed Standards and metrology Fisheries Division . come into force on 15 January 2003 Samoa Seafood Standards Council Approved 6 November 2002 . apply to all operators of fish . processing establishments, and Industry Agreed Standards 8ias9 all applicants for licences in respect of fish processing establishments. Standards (IAS) should have come into force in 2003 but, as the powers to create the IAS were under the Seafood Processing and Export Regulations 2002 which never came into power, the IAS also has remained in legal limbo. As the IAS established the Samoan Seafood Safety Council (SSSC), it did not have the necessary legal basis for its
128 Title of text Date of text Countries/comments
formation and operation.
Studies, projects, others
Diagnostic Mission to Samoa Competent Authority Ruling the Sanitary Production of Fishery Products, 19 March – 8 April 2006, sponsored by the Pacific Island Forum Secretariat (FFA)
Mission Ian Freeman, FFA
EU water project until 2010
Hamilton, A. 2007. The Samoa Alia Fishery. Development of Tuna Fisheries in the Pacific ACP Countries (DEVFISH) Project, Forum Fisheries Agency, Honiara.
Strengthen of Competent Authority (Capacity building on seafood safety and compliance with market requirements, Samoa)
The objective of the project is to improve the quality and safety of fish produced in Samoa and to assure greater confidence in the integrity of seafood that is marketed, domestically, regionally and internationally. Develop a programme of interventions in Samoa specifically designed to raise the capacity of those directly involved in the relevant fish supply and/or value chain (s). It will also seek to raise the capacity of relevant competent authorities to regulate and implement appropriate business practices, particularly relating to food safety. To enhance sustainability of the capacity building programme, the training envisaged will be preceded by a review of the Samoan seafood safety legislative framework and systems and will result in the production of a new draft legal instrument relevant to seafood safety.
External Donor; 2010/1 year TOR (February 2010)/Inception report.
Project is currently being implemented by Poseidon, financed by the Commenwealth Secretariat, Aquatic Resource Management Limited Ltd. Reporting to Commonwealth Secretariat (Comsec)
129 Two phased project running from June 2010 – July 2011 with objectives on, amongst others to draft seafood safety legislation incorporating all relevant new EU directives related to exportation of seafood products to the EU. Poseidon report
Report: Samoa: Capacity building for seafood safety and compliance with market requirements by Poseidon Fish Dev II
FISHERIES SHORE FACILITIES
Provision of appropriate Fisheries Shore Facilities that would support the development of Savai‘i local fish capture industry. The project is intended to carry out three tasks: Feasibility study of fisheries wharf/small harbours development options on Savai‘I Project design and construction. External Donor funded, Feasibility Study to start during 2011
PROMOTING VALUE-ADDED TUNA PROCESSING.
To encourage tuna processing companies to actively involved in value-added tuna and by-catch processing for export marketing.
The scope of the project includes the following: Identify local processing firms that are endeavouring to develop value-added products for export; Obtain funding to employ a consultant to train factory workers in value adding techniques; Develop packaging and marketing tools and instruments; Develop a brand for Samoan fish export products; Locate importers in NZ, Australia, USA and EU; Export sample products and develop export systems to satisfy regulatory requirements of local and importing countries.
External Donor, duration 2010-2014/two months.
UPGRADE OF ALIA DESIGN FOR SAFE, ECONOMICALLY BUILT, PROFITABLE, COMMERCIAL FISHING OFFSHORE BY NATIONAL FISHERMEN
Upgrade of local fishing vessel type that is affordable, profitable and safe.
The scope of the project includes the following: Development of a vessel design to satisfy the affordability, profitability and safety requirements of offshore fishing; Assessment of the Super- Alia results to date; Evaluation by FFA and SPC staff and consultants of potential vessels such as the super alia to be built in Samoa to satisfy the objectives; External Donor; 2011/two months
ASSESSMENT OF POSSIBILITY OF SUSTAINABLE ATULE (Selar crumenophthalmus) FISHING
130 Assess the development of a sustainable fishing technique for the capture of Selar and Decapterus species in Samoan waters.
The scope of the project includes the following: Development of an exploratory big-eye scad catching unit following results of similar regional projects; Assessment of resource by SPC scientists to warrant introduction of a smallscale ring net operation; If positive results from stock assessment introduce a ring net vessel and bait attracting light canoe. External Donor; 2011- 2015/ 1 year
DESIGN OF A SAILING SYSTEM FOR ALIA
To design a sailing system that will enable Alia to sail to the wind without added mechanical propulsion while being light and unencumbered.
The scope of the project includes the following: Development of a sailing system to enhance safety at sea and return vessels with broken down engines to safe anchorage. Development of a vessel sailing system that will not compromise the affordability, profitability and safety requirements of offshore fishing.
External Donor; 2010-2014/ 2 years
TRAINING
To determine training needs analysis programme for the Offshore Fisheries.
To identify short, medium and long-term training needs of the Offshore Fisheries Sector (Both Government and Industry), External Donor; 2011/ 1 month
- Regional Programme for Food Security (RPFS) Food security in Samoa is promoted within the context of the Regional Programme for Food Security. As a member of the Pacific Islands Forum, Samoa was included in a three-year Regional Programme for Food Security (RPFS) through the Italian Trust Fund with US$4.5 million and which had the main objective of enhancing production and food security through income generating activities at the country level. The programme was completed in November 2009. Technical support to the RPFS in the Pacific, in the areas of crop production, animal husbandry, water resource management/irrigation and fisheries, was provided through South-South Cooperation wherein China and the Philippines provided some 56 technicians and eight experts to the region.
An expanded RPFS – the Food Security and Sustainable Livelihoods programme in Pacific Island Countries (FSSLP) – has been formulated with an indicative budget of US$41.8 million over an initial timeframe of six years. It is assumed that FAO, IFAD, and a co-financier would initially fund the project. FAO has prepared two regional TCP projects on national capacity
131 building for strategic project identification and design, which have been approved for implementation in 2010 within the FSSLP.
Links
www.maf.gov.ws – The website of the Ministry of Agriculture and Fisheries www.spc.int/Coastfish/Countries/Samoa - Information on Samoa fisheries, links to other sites concerning Samoa and its fisheries, and some SPC reports on Samoa fisheries www.paclii.org/cgi-paclii - Text of Samoa fishery legislation http://moana.library.usp.ac.fj - Institutional repository for published and unpublished documents produced by Fisheries Division of the Ministry of Agriculture and Fisheries, Samoa Fisheries and Agriculture Country Profile, FAO, October 2009: National Fisheries Sector Overview Samoa
132 Annex 6: Timor Leste
Assessment of seafood safety standards in Pacific ACP countries
6th – 30th May 2011
133 Background Information The Democratic Republic of Timor Leste is a state in Southeast Asia with a land area of 15,410 km², forming the eastern half of the island of Timor. It has a coast line of just 730 km and the marine exclusive economic zone (EEZ) of approximately 75,000 km2. The country is located about 640 km northwest of Darwin, Australia and has a population of just over 1 million. Tetum, an Austronesian language and Portuguese are the country‘s official languages. In practical terms tetum is the lingua franca, Portuguese is spoken by a few and English by very few. Timor-Leste gained independence from Indonesia on May 20, 2002.
The country has a parliamentary form of Government.
In Timor-Leste, laws can take the form of:
a. Legislation enacted by Parliament b. Decree laws and other legal acts issued by the Government through the Council of Ministers.
The Constitution also recognizes international law and provides that Timor Leste‘s legal system shall adopt the general or customary principles of international law as well as those rules provided for in conventions, treaties and agreements that apply in Timor Leste.
The economy is agriculture-based with over two-thirds of the population living in rural areas and one-third engaged in subsistence farming. The country faces various development challenges: widespread and structural poverty, low life expectancy, low adult literacy rates, and a lack of sanitation and potable water.
Timor-Leste is a relatively new member of the group of African, Caribbean and Pacific countries. EU cooperation with the country has focused on stabilisation and dialogue, fighting poverty, and humanitarian support. As such, within the Country Strategy of the 10th EDF (2008-2013) rural development is prioritised to achieve sustained poverty reduction and food security.
Fisheries Reliable data and information on the fishery resources of Timor Leste are scant. Most data are reported by the Secretariat for Fisheries (SSF)7.
The marine fisheries sector of Timor Leste is characterized by small-scale, artisanal fisheries restricted to a relatively narrow area along the coastline. The majority of fishing boats are small double outrigger canoes. There are currently (2009) 2 948 fishing boats, out of which 615 are motorized. Freshwater fisheries activities are predominantly carried out for subsistence. There are back-yard fish farming activities (small-scale aquaculture activities) on milkfish, tilapia and carp with approximately 2000 people or households engaged in small-scale fish farming.
Timor Leste has no domestic commercial fishing fleet. It entered a number of bilateral agreements that gave foreign fishing fleets limited access to the country‘s deep-sea fishing areas under the condition that the catch was landed and shipped through ports in Timor-Leste. Some of these
7 The State Secretariat for Fisheries, under the Ministry of Agriculture, is the main government institution responsible for fisheries management. It is headed by the Secretary of State for Fisheries and managed by the National Director
134 access agreements were cancelled due to non-compliance issues, others expired and were re- negotiated. At the time of the mission 6 vessels are licensed to fish in Timor Leste‘s waters (vessels from Thailand, Korea). These land frozen open ocean fish, primarily tuna at Com in the east of the country 5 hours drive from Dili from where they are exported; no records of inspection of the catch were available.
Timor-Leste‘s marine resources are characterized by the high biodiversity associated with coral reefs. The diversity is high, both in terms of inshore, coastal fish populations (e.g. snappers and groupers) and offshore pelagic and mid-water species (e.g. mackerel and tuna).
Offshore fish is caught by foreign vessels and not landed in Timor Leste but transhipped and sold abroad. Fishing licenses bring an income to the country but the Fisheries Department was not able to provide figures.
Fisheries GDP 2004 is reported USD 5.7 Million. Export of seafood products relates to (farmed) seaweed foremost shipped to various Asian countries. Export of marine fish catch has nearly ceased, after the fishing agreements with foreign fishing fleets stopped. Recorded peak of fish exports in 2006 and 2007 of around 500 tons and 300 tons respectively can be attributed to these fishing agreements, under which the catch was exported to Thailand. Overall estimated employment in the fishery sector primary sector is 7600. Trade data are not available.
Lack of processing and landing infrastructure compound the problem of fish marketing and trade. The domestic market for fish thus remains rather underdeveloped. Accordingly, the average domestic fish consumption is relatively low, with figures ranging from 1.96 kg per capita per year (weight of product actually consumed) to 16kg per capita on the coast to less than 4kg inland (figures obtained at interview with FAO staff) . Even in coastal villages fishing remains a supplementary income and food generating activity, with other agricultural products being more important to the local economy than fish or other aquatic products.
Fisheries institutions The State Secretariat for Fisheries, under which is the Ministry of Agriculture and Fisheries is the main government institution responsible for fisheries management. It is headed (normally) by the Secretary of State for Fisheries (currently post not filled) and managed by the National Director under the supervision of the General Directorate.
The National Directorate of Fisheries and Aquaculture has a staff of 115. It is headed by a Director and consists of four Departments which are responsible for Management and Administration of fisheries at the national level: - Department for Fisheries Management, - Department of Fishing Industry (including Food Processing Department, 3 staff) - Aquaculture Department - Department of Fisheries Inspection. - Reportedly about 67% of the staff has a fisheries background. Three Fisheries Officers have a Masters Degree in fisheries related subjects.
- The National Directorate of Fisheries is decentralized to the District level. District fisheries officers are responsible for management of fisheries at the local level where fish is sold and marketed from 151 local fishing centres. Nine auction centres have been built now to
135 promote the development of the small scale fishing sector. They will function as local fishery management focal points, in which resources users and local stakeholders are responsible for fisheries management, with the district fisheries officers being responsible for having the general oversight. Timor Leste aims to use these centres as the basis for establishing a more reliable knowledge base about landed and traded fish. The auction centres will ideally comprise landing and processing facilities, cold storage and equipment repair services.
- Reportedly approximately 86 out of the 115 staff are working at the District level
No training has been given on EU requirements (official controls, testing) and little on any of the main areas of activities undertaken by a Competent Authority as defined in regulations EC 882/2004 and 853/2004.
Timor Leste is unlikely to participate in export led market development in the medium term (10 years) and an export market to the EU is unlikely in the foreseeable future.
Training of export inspection services may then be wasted resources due to changes that will take place in that time.
136 The reporting structure for the fisheries element of the Ministry is:
National Director
Department of Fishery Department of Department of Fish Department of Resource Aquaculture (Staff 6-7 Industry (Staff 28) Inspection (staff Management (Staff 15 permanent; 4-5 complement HQ Dili; 100 in the temporary) unknown) country at landing sites)
Department of Processing (3 staff)
The Fisheries departments exist as legal entities within the Ministry but struggle to be fully functional for a number of reasons: 1. They do not have a consistent electricity supply 2. There is no internet 3. Computers are old and not well maintained. They reportedly have a considerable number of viruses on them (Batty) 4. Perhaps most important is that there is a lack of central government direction. For example the draft Policy and Strategy for the Fisheries Development in Timor-Leste of 2007 has not been implemented and the Fisheries Action Plan 2010-13 (reported but unseen) is written in Tetum only and reportredly has not been activated either. 5. Finally, there are no functioning laws that give powers to this Ministry or any other ministry to make interventions in areas where food safety is affected, for example wholesale, retail or auction markets, on vessels or at landing points, nor in distribution.
The only law that allows control over fish product safety is the Decree-Law No. 21/2003: Quarantine and Sanitary Control on Goods Imported and Exported that allows the Quarantine department of the Ministry of Agriculture to seize and impound food stuffs that ‗pose a threat to the environment, national economy, or public health is detected‘
A tuna management plan has been in place since the first government introduced it but has not been effected.
Policies Fishery resources in Timor-Leste were considered underexploited for several years following resource estimates undertaken shortly after independence. In 2004 the SSF estimated that only
137 53% of the country‘s marine fishery potential was being utilized. Based on more current research it is anticipated that over-exploitation may become an issue in the near future. Research from the recent past indicates that over fishing might already impact fish populations along the north coast.8
In general, annual losses from IUU fishing are estimated high (20m USD in 2003). Accordingly, policies are focused on assisting fishers to improve their catch, e.g. through the distribution of fishing gear and engines.
A draft ―Policy and Strategy for the Fisheries Development in Timor-Leste, 2007‖ provides the general framework for the development and management of the sector. While not yet officially adopted, this document reflects the major policy goals and management approaches for the fisheries sector, and includes:
a. Optimal Use and management of Living Resources b. Habitat conservation c. Fishing industry development d. Aquaculture Development e. Development of Fisheries Institutions.
To achieve these, the document suggests:
to limit the number of vessels operating in Timor-Leste‘s waters and so controlling the amount of fishing by both national and foreign fishing vessels; to ban the use of destructive fishing methods to halt the destruction of scarce fish nursery habitats to avoid targeting spawning aggregations of vulnerable, high-value reef species; to limit the impacts of various forms of pollution and sediment run-off caused by the felling of trees, and by agriculture and coastal infrastructure projects, and, to promote sustainable foreign investment in fisheries and aquaculture.
Current government policies are focused on five major areas:
1. Providing technical support to coastal communities to improve local fish catches and products. 2. Improving the country‘s knowledge about available resources, their potential and current uses. 3. Addressing the IUU fisheries in the Sahul-banks fishing grounds and other areas. 4. Promotion of aquaculture both in inland and in coastal areas to increasing local food security 5. Protect and conserve critical coastal habitats.
Other policies
1. Fish for future (Australian) 2. Tuna Management Plan (National Directorate of Fisheries and Aquaculture) 3. The National Development Plan on the health sector from 2002 led to an approved Health Policy Framework. As a priority in this context, Timor Leste aims to develop national food control systems in line with international practice and guidelines; in particular to develop
8 Deutsch, C., n.d. Coral Reefs in East Timor: An Investigation of the Impacts of Fishing on Reef Abundance. EM 531 Project Report.)
138 laws, regulations and norms on food safety and to establish a control management system and organizational structure for national food control systems.
Laboratories Legislation for the establishment of a National Health laboratory is enacted to create a laboratory at national level for ensuring the provision of high quality laboratory services to the population, the technical supervision of the work performed by the laboratories integrated to the national health system, and for operating as a model centre for laboratory tests.
A livestock laboratory is currently supported by the EU rural development programme that is located at the Ministry of Agriculture building complex.
A large fisheries laboratory outside the town of Com is constructed to conduct fish quality and sanitary testing by the National Directorate of Fisheries and Aquaculture. The construction has no electricity or water, and four years after delivery equipment is still in packing cases. The staff who reportedly have the training to operate the laboratory are situated in Dili. Deliveries include equipment for organoleptic, chemical and microbiological laboratories. Tests that could be conducted with the equipment are histamine testing by HPLC, TVB-N analysis, analysis for mercury (mercury analyzer) and microbiological testing related to hygienic indicators and other relevant microbes.
Projects, donors FAO is one of the international partner providing inputs to the fisheries sector. There is a Regional Fisheries Livelihoods Programme for South and Southeast Asia (RFLP) started in 2009 that will provide support the both the Fisheries Department and Fishery communities in: a. Human Resource Development of the Fisheries Directorate (HRD Plan) b. Ice production and distribution c. Putting five auction centres into operation and d. Supporting fisheries legislation. FAO worked on a general baseline study (project closed) and did a survey on fish consumption (unpublished). The ―Partnerships in Environmental Management for the Seas of East Asia‖ and the ―Coral Reef Triangle Initiative‖ (CTI) are the other two currently ongoing cooperation programs with SSF. They have a focus on environmental conservation and habitat protection.
Legislation A list of the current fisheries legislation is provided in Appendix 1
Government Decree No. 5/2004 General Regulation on Fishing This document deals exclusively with fishing and fishery management issues – no reference to seafood safety.
Decree-Law No. 6/2004: General Bases of the Legal Regime for the Management and Regulation of Fisheries and Aquaculture The focus of Timor Leste‘s fishery legislation is fishery management, and none is written specifically to address issues of seafood sanitary conditions.
139 This document makes reference to inspection and export of fish but gives little detail and refers to other regulations that have not yet been defined. Having said that there are references in 6/2004 to fish quality, Articles 21, 127, 128 and safety in Article 129.
In Article 21 on exports there is reference to: ‘the premises of the applicable legislation’.
In Article 127 The quality standards of the fish ……. shall be the object of specific regulation, which shall take into account, namely, regional and international standards and recommendations No other reference was found to the specific regulation referred to. and Article 128
The regulation referred to in Article 127 above, shall create the necessary services to ensure the surveillance of the fish for export and shall establish the form, modalities and requirements for the issuance of a certificate of quality for the fish
And in Article 129
The Ministry shall cooperate with the Ministry responsible for public health in defining measures that ensure the quality of the fish for domestic consumption in the country
Decree laws No. 5 and 6 of 2004 establish the State as the owner of the country‘s fishery resources and provide the general rules and regulations that determine how these resources can be utilized. The laws highlight the importance of establishing rules that ensure the sustainability of the resources and differentiate between commercial and non-commercial, subsistence fishing activities and require licensing of all commercial fishing, be they artisanal, semi-industrial, or industrial. In practice, the SSF strives to license all fishing boats to have a reliable data-base on the number of boats operating in national waters. A ministerial ordinance provides details about the fines to be paid for fishing without a licence.
Conclusions and Recommendations
1 Conclusion: Inspection Services – Internal Market
Timor Leste has an artisanal fishing fleet. It has no industrial fleet, no effective seafood safety regulations, almost no working commercial landing sites, no record of available fish stocks, no exports and a very small internal market for fish. Fish quality on the retail market is between fair and poor.
Timor Leste is a small player in the fisheries trade.
That trade does however lend itself to the gradual development of fish sales, starting with the home market and there is the potential for selling licenses to fish for off shore species, especially tuna, although unless the vessels were registered in Timor Leste there would be little work in it for an inspection service.
140 From its own fish industry resources (vessels) Timor Leste is unlikely to participate in export led market development in the medium term (10 years), whether to the USA, Japan or EU - and of these the EU is the least likely due to higher transport costs than the Pacific rim markets. Donor support to the inspection services should therefore be tempered by the benefits that would accrue to the inspection services.
This situation however does not preclude Timor Leste from gaining EU backed training, for example, it simply indicates that the support would need to be targeted at its most effective level, which at present would be to ensure that all fish inspectors had a full understanding of fish quality and deterioration. Eventually this can be developed to achieve an internationally recognised level of competence in the fish inspection service.
1.1 Recommendations: Inspection Services – Internal Market
It is recommended that training be provided in a generic knowledge of fish quality and safety. The purpose being to provide the inspectors with a good understanding of fish quality maintenance and the safety issues that may arise from loss of control and to provide a general basis for evaluating risk in unprocessed fish products
2 Conclusion: Inspection Services – Export Market
As an export market is not likely to develop in the short term (5 years) detailed training in official controls such as those operated by the EU would most probably be wasted resources as changes such as staff, legislation, inspection and testing techniques will take place between the present day and the growth of an export market.
A general knowledge of EU food legislation would however be valuable.
The issue of loss of information and skills was acknowledged above and should be minimized by training staff to train others, and that the training they provide is not restricted to their work colleagues but would include members of the private sector.
2.1 Recommendations: Inspection Services – Export Market
It is recommended that training in the following areas be provided:
a) The general principles of EU legislation. The purpose being to provide the fisheries inspection service with a general education on the EU food package so that they have a better appreciation of the demands placed on an inspection service that tests for the EU market b) The general principles of laboratory testing of fish. The purpose to introduce the inspectors and private sector to the reasons why fish undergoes laboratory testing and the role of the inspector in checking laboratory fitness for purpose c) Training trainers of small groups including members of the Directorate of Fisheries and also members of the private sector, such as fishermen and fish sellers. The benefit will be the retention of information within the Directorate, growth of a knowledge base, and an appreciation amongst fishing sector operators that there are benefits to be gained by improved fish handling.
141 3 Conclusion: Legislation
The legislation that controls fish safety and quality is sparse and disjointed and there are no guidelines to good practice.
The legislation would benefit from a review by an expert in EU law (the ‗Food Package‘) to provide guidance on how legislation could be drawn up that would consolidate the different rules.
A set of standards based on the Codex guidelines, providing direction on GMP, GHP, GLP and fish quality standards would assist the inspection service in targeting its efforts and identifying areas of for improvement throughout the industry.
Currently the national legislation does not approximate to that of the EU, however adopting the full package of EU food safety measures is a very considerable task, requiring long-term inputs from donors. Given the current level of operation in the Timorese fishing industry introduction of high level demands would prove counter productive, leading to either the law being ignored or a two tier application of the regulations. As such it should be postponed until such time as an export market begins to emerge. When that occurs assistance will be needed with drafting legislation.
3.1 Recommendations: Legislation
Assistance with drafting legislation and standards.
a) Initially, a review of the existing fish products related legislation with a view to updating it in line with international food safety standards b) Assistance with the development of guidelines on GMP, GHP, GLP and fish quality standards c) Finally in the long term, assistance with drafting seafood safety suited to EU market but only at such a time as the Government of Timor Leste can show market demand for export to the EU d) It is also recommended that any work on sanitary laws or regulations is a consultative process that includes persons from these disciplines or the local equivalent : Ministries e.g. Fisheries, Health, Trade and Commerce, Port Authority, Quarantine; lawyers, and Attorney General, private sector.
4 Conclusion: Policy and Strategy
Before any other actions are taken to improve the state of the nation‘s fishing industry there is an immediate need for a policy on the future of the fishing industry and a strategy to implement it. That policy needs to recognize the two major elements that comprise the fish industry, export and the internal market. Understanding these will provide an indication of where legislation, inspection and testing services are needed in the short, medium and long terms. The two need to be distinguished and addressed according to their priority.
A consideration of the export market shows that it is not achievable in the short term as the Timorese fishing industry does not have the vessels, and there is not a high enough demand from foreign fishing interests to bring processing trade to the island. Realistically then, the starting point
142 for improving sales, quality and inspection practices needs to be the internal market and for that the government must have and understanding of how that market is driven.
Such an analysis goes beyond the scope of this mission but it is reasonable to conclude, from the consumption figures that fish plays a very small role in the weekly menu of the Timorese. Raising consumption means changing attitudes, which is a very difficult task and not necessarily related to something as seemly simple as improving the quality fish. This apparent lack of desire for fish must therefore be regarded as an impediment to the growth of fish sales and the policy adjusted accordingly.
4.1 Recommendations : Policy and Strategy
That a policy for developing fish sales within the country be developed as a foundation for an understanding of fish quality and the development of high quality systems for the handling and distribution of fish within the country.
That a strategy for implementing the policy is developed, incorporating realistic and achievable goals, that measurable and include a means of monitoring and reporting.
143 Appendix 1: Literature used and analysed
a. Democratic Republic of Timor Leste Ministry of Agriculture and Fisheries, State Secretariat of Fisheries: Draft ― A Policy and Strategy for the Fisheries Development in Timor-Leste‖, 18 September 2007 b. Fishery and Aquaculture Country Profile, Timor Leste, September 2009 c. Mike Batty: Trip report – 9-17 October 2010 Papua New Guinea and Timor Leste, SPF d. Proposal on Strengthening National Food Safety Programme in Timor-Leste, 2004 – 2007 by WHO Timor Leste, Dili e. Constitution Timor Leste f. Decree Law 23-2009 Food Safety g. Decree Law 33-2008 Hygiene and Public Order h. Decree-Law-2003-03 Establishing Port Authority i. Decree-Law-2003-19 Port Fees and Charges j. Decree-Law-2003-21 Quarantine and Sanitary Controls k. Decree-Law-2004-4 Water Supply l. Decree-Law-06-2004 General Bases of the Legal Regime for the Management and Regulation of Fisheries and Aquaculture m. Decree-Law-2005-2 Inst of health sciences n. Gov-Decree-2004-05 General Regulation on Fishing o. Gov-Decree-2003-04 Structure Of The Ministry Of Agriculture, Forestry And Fisheries p. Gov-Decree-2003-05 Structure of Min of Health q. Law No. 10/2004 of 24 November 2004 on the Health System r. Law No. 12/2004 ―Fishing-Related Offences‖ s. Law 16 Quarantine 1992 t. Quarantine Joint Instruction 2002
144 Appendix 2: People Met and Diary of Activities
May People Met/Addresses Activity 6 Augusto Fernandes Introductory meeting to discuss National Director for Fisheries and Aquaculture current situation with inspection Ph: (+670) 731 2322 service
Joao Xavier Amaral Fisheries and Resources Management and Investigation Aquatic Department ACP Focal Point Ph: (+670) 751 0195 Email: [email protected]
Horacio A dos Santos Guterrer Aquaculture Department Ph: (+670) 730 6061 Email: [email protected]
Orlando H Kalis Fishing Industry Dept. Ph: +(670) 723 7086 Email: [email protected]
Celestino da Cunha Barreo Head of Fisheries Resource Management and Investigation Aquatic Dept. Ph: (+670) 740 5885
Lourenco dos Reis Amaral Chief of Fisheries Inspection Ph: (+670) 731 2324 Email: [email protected] 7 Review of Timor legislation 8 Sunday 9 Joao Xavier Amaral Meeting to discuss programme for week Horacio A dos Santos Guterrer
Orlando H Kalis
Acacio Guterres Fisheries and Resources Management and Investigation Department Email: [email protected]
Fidelino Sousa Marques Fisheries and Resources Management and
145 Investigation Department Email: [email protected]
Alsina Fernandes Houdaro Fish Processing and Marketing Dept.
Alda Sousa Fish Processing and Marketing Dept. [email protected] Juan Carlos Rey Meeting to explain purpose of Ambassador, Head of the EU Delegation mission. Delegation of the European Union to Timor-Leste Casa Europa- Avenida Nicolau Lobato, Acait, Dili, Timor Leste P.O. Box 52 Email: [email protected] Website: http://ec.europa.eu/delegation/timor
Francisco Montbrun Team Leader Institutional Capacity Building on the NAO system Phone: +670 729 97511 Email: [email protected] 10 Review legislation 11 Review legislation 12 Enrique Alonso Poblacion Meeting to introduce mission Team Leader and discuss areas of Regional Fisheries Livelihoods Programme for South and Southeast Asia, FAO RFLP Office communal interest Ministry of Agriculture and Fisheries Comoro Road, Dili, Timor Leste Email: [email protected]
Pedro A.M. Rodrigues National project Officer Timor Leste Regional Fisheries Livelihoods Programme for South and Southeast Asia, FAO RFLP Office Ministry of Agriculture and Fisheries Comoro Road, Dili, Timor Leste Phone: +1 212 963 0099 Ext. 2028 Email: [email protected] 13 Joao Xavier Amaral Final meeting/workshop to discuss and develop mission Horacio A dos Santos Guterrer findings. PowerPoint presentation used Orlando H Kalis and handed over.
Alda Sousa
14 Prepare report on Timor Leste 15 Sunday - 16 Review legislation prepare report on Timor Leste
146 Appendix 3: Legislation regulating seafood safety
Title of text Abstract, Comment
Decree no. 4/2003 Regulating the This Decree is composed of three Chapters divided in 11 articles. It Ministry for Agriculture, Forestry and regulates the organization, functions and structure of the Ministry for Fisheries Agriculture, Forestry and Fisheries 13 November 2003
This Decree is structured in two main titles divided in 109 articles. It further regulates the provisions set in Decree-Law No. 6/2004 on the legal regime for the management and regulation of fisheries and aquaculture. In particular, the Decree rules on fisheries management plan, fishing vessels, fishing gears and methods. Government Decree No. 5/2004 on The Regulation builds on the ground rules and general provisions of Fisheries – General Regulating on Decree-Law No. 6/2004 and establishes the technical rules, procedures Fisheries and time periods that will facilitate the practical implementation of the 21 July 2004 above-mentioned Decree-Law. It regulates: Managing the fisheries
Implements: Decree-Law No. 6/2004 resources, granting fishing licenses, charging taxes, improving the quality on the legal regime for the of the food diet of the populations, encouraging self-employment and management and regulation of fisheries creating conditions for the development of a national fisheries sector and and aquaculture, 21 April 2004 industry.
Descriptors (Fisheries): fishery management and conservation; fishing area; fishing authorization; fishing gear/fishing method; fishing licence; fishing vessel; fishing vessel marking
This Decree-Law, composed of 181 articles, establishes the principles and basic legislation for the exploitation and regulation of fishing resources in national waters and high seas, as well as the principles and rules for the establishment and exercise of aquaculture activities. It applies to individual or corporate bodies, whether national or foreign. In particular, it rules on management and regulation of fisheries and aquaculture. Moreover, it Decree-Law No. 6/2004 on the legal provides general licensing conditions and regulates foreign fishing vessels‘ regime for the management and permits. The granting of a fishing permit shall give rise to a fishing quota in regulation of fisheries and aquaculture the fishing or area defined in the permit, where the species to be caught 21 April 2004 are subject to quotas. The Decree also regulates artisanal, semi-industrial Amended by: and industrial fishing vessels. The Decree pays particular attention to conservation measures, as well as sustainable exploitation of resources Decree No. 4 of 2005 amending and protection of aquatic environment. Finally, it provides control and Decree No. 6 of 2004 on Fisheries, 20 sanctioning measures. In Chapter III Marketing, Processing and Quality July 2005 the law tackles responsibilities by the Ministry for taking and ensuring
Comments: All prior fishing legislation measures for quality of fish for export by specific regulations to be enacted in conflict with the present Decree-Law taking into account regional and international standards and shall be revoked recommendations. In addition, the Ministry shall create the necessary services to ensure the surveillance of the fish for export and shall establish the form, modalities and requirements for the issuance of a certificate of quality for the fish. Descriptors (Fisheries): basic legislation; fishery management and conservation; aquaculture; fishing area; fishing authorization; fishing licence; fishing permit; fishing vessel; foreign fishing; artisanal fishing;
147 Title of text Abstract, Comment
marine fisheries
This Decree-Law, composed of 32 articles divided in seven Chapters, rules on water supply for public consumption. Potable water is defined as an exhaustible and vulnerable resource, essential to the sustenance of life and to the development of the environment and bears an economic value in all of its concurrent uses. It is therefore constitutionally incumbent upon the State to preserve and to enhance such economic value. This Decree- Decree-Law no. 4/2004 on water Law shall create and establish the conditions for water distribution for supply for public consumption domestic use. The water supply system shall aim to ensure that the Date of text: 11 February 2004 Timorese communities have access to water supply services that are Implemented by: essential to public health. The Decree-Law regulates the Water and Sanitation Service, the Register of the Water Supply System, as well as Decree-Law No. 5 of 2009 on mineral standardized piping features. Particular attention is paid to water water trade, 15 January 2009 distribution in urban areas and in monitoring activities. Finally, the Decree- Law provides sanctions and fines for non-compliance.
Quality aspects of water are not regulated. Descriptors (Water): water supply; public water; basic legislation; potable water; standards; registration; monitoring
This Decree-Law, composed of seven articles and one Annex, regulates the establishment of the Port Authority and on the approval of the bylaws thereof. The Port Authority of Timor-Leste (PATL) is established as a public
institute vested with corporate entity, administrative and financial Decree-Law No. 3 /2003on the autonomy, and property of its own, which shall be under the tutelage and establishment of the Port Authority and supervision of the Minister for Transport, Communications and Public on the approval of the by-laws thereof Works. The Decree-Law rules on PATL property, management and secondments. The Annex, divided in four Chapters, regulates PATL nature Date of text: 10 March 2003. and seat, its area of jurisdiction, and the related responsibilities. Moreover,
it provides inspection and control procedures. Particular attention is paid to
licences and pollutants. Descriptors (Sea): harbour; institution; legal proceedings/administrative proceedings; monitoring
This Decree-Law, composed of 73 articles divided in seven Chapters, regulates quarantine and sanitary control on goods imported and exported. The aim is preventing and controlling the introduction, establishment and propagation of exotic plagues and diseases and other harmful organisms in the national territory; protecting the environment, agricultural production and livestock as well as aquaculture production originating from the Decree-Law No. 21/2003 regulating country; controlling the already existing plagues and diseases in the quarantine and sanitary control on country; protecting human beings and the public health from diseases goods imported and exported 31 December 2003 transmitted by animals, plants or their derivatives, or by other organisms. The Decree-Law regulates monitoring procedures and defines competent authorities. Particular attention is devoted to import sanitary requirements and to animal products for human consumption. Finally, it defines prohibitions, contraventions and sanctions. Descriptors (Agriculture): agro-forestry/silvo-pastoralism; policy/planning Descriptors (Livestock): animal health; animal welfare
148 Title of text Abstract, Comment
Descriptors (Environment gen.): internal trade Descriptors (Water): aquaculture Descriptors (Waste & hazardous substances): eco-friendly products/eco-friendly processes; hazardous substances; inspection
This Law was enacted to repeal certain outdated and incomplete colonial laws on animal, fish and plant quarantine. The objectives of the Law are to prevent the introduction into, dissemination in or exportation from Indonesia of quarantine pests and diseases. Definitions of "quarantine", "quarantine pests and diseases", "animal", "fish", and "plant" are included. Importation, transportation or exportation of any carrier of quarantine pests and diseases must be accompanied by a health certificate, through a Indonesia: Law No. 16 of 1992 designated place of entry, and presented for quarantine action by a concerning Animal, Fish and Plant quarantine officer. Quarantine actions cover inspection, isolation, Quarantine. observation, treatment, detention, refusal, destruction and release. The Law defines each of these actions. No compensation is paid for destruction 08 June 1992 under the Law. Quarantine actions take place at places of entry and export although the Government shall set forth provisions regarding quarantine Implemented by: Government actions which may take place outside the places of entry and export under Regulation of the Republic of Indonesia certain circumstances. Quarantine fees and charges are to be set out in No. 14/2002 concerning Plant future regulations. The Government is required to designate kinds of Quarantine, 23 April 2002 quarantine pests and diseases and their carriers as well as places of entry and export. The Government is to encourage public knowledge of, and participation in, quarantine activities. The Law empowers certain Government employees and police officers to act as investigators in enforcing the provisions of the Law. The Law provides penalties for specified offences. Descriptors (Wild species & ecosystems): animal health; wild fauna; wild flora; hygiene/sanitary procedures; pests/diseases; quarantine; use restrictions; international trade
The law sets forth the rules for the appointment, competence and operation of entities performing the power of authority of health surveillance. This is defined as the power of intervention of the State in defence of the public health by means of the management and elimination of risk factors and by the restrictive and corrective measure-taking about the situation capable of causing serious damage to the health of individuals or population clusters. Decree- Law 14/2005 Article 4 Competence of the District Authorities of Health Surveillance Authorities for Health Surveillance states ―To exercise the health surveillance on sites for storage, making and supply of meals and on the places for sale of food products, so as to check the hygiene/sanitary conditions, and determine the necessary measures for the minimization or elimination of the risk factors pinpointed, and it may temporarily arrest the property or determine the suspension of the activity.
The present Decree Law establishes the administrative policy measures for Decree-Law No. 33/2008 of the 27th of the Districts in matters of hygiene and public order, fixing statutes for the August on Hygiene and Public Order relations between the Public Administration and citizens. There is nothing related to food.
149 Title of text Abstract, Comment
Ministry of Health, approved by Executive Order no. 1/2008 of January 16, in its article 17, refers to National Health Laboratory (LNS) as a integrated service of the indirect administration of the State and constituted as a corporate and legal body governed by public law, with administrative, financial and patrimonial autonomy, therefore requiring an organic statute, as foreseen article 17, no.3. The LNS is a corporate body governed by public law operating as a public institute with administrative and financial autonomy and its own assets superintendent by the Minister of Health. The LNS is governed by this statute and by the legal provisions eventually and directly applicable to it, as well as by the standards of the National Health Service and, subsidiary, by the standards applicable to the organisms of Decree-Law No 39-2008 the indirect State administration. Article 3 Attributes and Competencies refers to responsibilities of the LNS at the national level, for ensuring the of October 29 on Organic Statute of the provision of high quality laboratory services to the population, for the National Health Laboratory technical supervision of the work performed by the laboratories integrated to the national health system, and for operating as a model centre for laboratory tests. Specific duties of the LNS are: a) Establish technical standards for the provision of laboratory services and provide guidance for their implementation; b) Supervise the provision of laboratory services within the National Health Service; c) Ensure mechanisms for quality control of all laboratories within the national health system; d) Ensure excellence in its operations as a model centre for the national health system no. 3 of the same article 17; The Law contains 5 Chapters: (1) General Provisions, (II) Composition, Competency and Operations of Agencies, (III) Inspection Agency (IV) Management of economic, financial and human resources, (V) final and transitory provisions and 27 articles.
The law is establishing the legal and technical means for prevention of business offences threatening food safety, health and hygiene. The Food Safety and Business Inspection Authority by this law adopt administrative sanctions and procedures for business offences to protect the rights of the consumers. The Inspector-General of the Food Safety and Business Inspection Authority will be responsible for the application of the sanctions while sanctions fall under the jurisdiction of the Minister for Tourism, Commerce and Industry. The law comprises VII chapters: (I) General principles, (II) Definitions and Classifications (III) Special Offences (IV), Section I Offences to the public supply of foodstuffs, II Offences to the Decree- Law 23/2009 of 5 August commercial and industrial sector‘s regulations, III Offences against tourism related activities, social and recreation, Section IV administrative offences, Law on Food Safety and Business (IV) Complementary Sanctions, (V) Supervision, (VI) Procedure principles Administrative Offences (VII) Transitory and final arrangements and 45 articles. The law regulates fines, foodstuffs/additives, inspections, abnormal foodstuffs/additives and responsibilities. The law fines anyone that produces, prepares, cooks, makes, transports, stores, holds, sells, keeps in storage or displays for sale, import, export or in any other way makes available for public consumption, irregular foodstuffs or food additives that will not endanger lives or cause bodily harm. Article 8 defines foodstuff including fresh or perishable foodstuffs as ―Fresh foodstuff or easily perishable — natural or transformed foodstuff, of plant or animal origin that, under cooling conditions only, keeps its natural and specific qualities for a shot period‖. Foodstuffs are considered to be abnormal when not fresh, preserved,
150 Title of text Abstract, Comment
appropriately packed, displayed for sale, or suitable for human consumption or use. Articles 9 and 10 describe abnormal foodstuff and additives respectively. Article 35 is on inspections of goods and services that can be performed any stage in the food chain, Article 36 details on enforcing agencies that are the Food Safety and Business Inspection Authority responsible for carrying out the inspection activities described without precluding the allocation of duties defined by law to other entities. IAE may, while conducting inspection activities, ask for the collaboration of other government bodies, including the Health, Agriculture, Environment, and Customs Services as well the Police. Penalty schedules are provided for.
151 Appendix 3: Legislation – FAO-lex, with analysis
Timor Leste
Title of text Abstract, Comment
This Decree is composed of three Chapters divided in 11 articles. It Decree no. 4/2003 Regulating the Ministry regulates the organization, functions and structure of the Ministry for for Agriculture, Forestry and Fisheries 13 November 2003 Agriculture, Forestry and Fisheries
This Decree is structured in two main titles divided in 109 articles. It further regulates the provisions set in Decree-Law No. 6/2004 on the legal regime for the management and regulation of fisheries and aquaculture. In particular, the Decree rules on fisheries management plan, fishing vessels, fishing gears and methods. Government Decree No. 5/2004 on The Regulation builds on the ground rules and general provisions of Fisheries – General Regulating on Decree-Law No. 6/2004 and establishes the technical rules, procedures Fisheries and time periods that will facilitate the practical implementation of the 21 July 2004 above-mentioned Decree-Law. It regulates: Managing the fisheries
Implements: Decree-Law No. 6/2004 resources, granting fishing licenses, charging taxes, improving the quality on the legal regime for the of the food diet of the populations, encouraging self-employment and management and regulation of fisheries creating conditions for the development of a national fisheries sector and and aquaculture, 21 April 2004 industry.
Descriptors (Fisheries): fishery management and conservation; fishing area; fishing authorization; fishing gear/fishing method; fishing licence; fishing vessel; fishing vessel marking
This Decree-Law, composed of 181 articles, establishes the principles and basic legislation for the exploitation and regulation of fishing resources in national waters and high seas, as well as the principles and rules for the establishment and exercise of aquaculture activities. It applies to individual or corporate bodies, whether national or foreign. In particular, it rules on Decree-Law No. 6/2004 on the legal regime management and regulation of fisheries and aquaculture. Moreover, it for the management and regulation of fisheries and aquaculture provides general licensing conditions and regulates foreign fishing vessels‘ 21 April 2004 permits. The granting of a fishing permit shall give rise to a fishing quota in the fishing or area defined in the permit, where the species to be caught Amended by: are subject to quotas. The Decree also regulates artisanal, semi-industrial Decree No. 4 of 2005 amending and industrial fishing vessels. The Decree pays particular attention to Decree No. 6 of 2004 on Fisheries, 20 conservation measures, as well as sustainable exploitation of resources July 2005 and protection of aquatic environment. Finally, it provides control and sanctioning measures. In Chapter III Marketing, Processing and Quality the Comments: All prior fishing legislation law regulates responsibilities by the Ministry for taking and ensuring in conflict with the present Decree-Law measures for quality of fish for export by specific regulations to be enacted shall be revoked taking into account regional and international standards and recommendations. In addition, the Ministry shall create the necessary services to ensure the surveillance of the fish for export and shall establish the form, modalities and requirements for the issuance of a certificate of quality for the fish.
152 Title of text Abstract, Comment
Descriptors (Fisheries): basic legislation; fishery management and conservation; aquaculture; fishing area; fishing authorization; fishing licence; fishing permit; fishing vessel; foreign fishing; artisanal fishing; marine fisheries
This Decree-Law, composed of 32 articles divided in seven Chapters, rules on water supply for public consumption. Potable water is defined as an exhaustible and vulnerable resource, essential to the sustenance of life and to the development of the environment and bears an economic value in all of its concurrent uses. It is therefore constitutionally incumbent upon the State to preserve and to enhance such economic value. This Decree- Decree-Law no. 4/2004 on water Law shall create and establish the conditions for water distribution for supply for public consumption domestic use. The water supply system shall aim to ensure that the Date of text: 11 February 2004 Timorese communities have access to water supply services that are Implemented by: essential to public health. The Decree-Law regulates the Water and Sanitation Service, the Register of the Water Supply System, as well as Decree-Law No. 5 of 2009 on mineral standardized piping features. Particular attention is paid to water water trade, 15 January 2009 distribution in urban areas and in monitoring activities. Finally, the Decree- Law provides sanctions and fines for non-compliance.
Quality aspects of water are not regulated. Descriptors (Water): water supply; public water; basic legislation; potable water; standards; registration; monitoring
This Decree-Law, composed of seven articles and one Annex, regulates the establishment of the Port Authority and on the approval of the bylaws thereof. The Port Authority of Timor-Leste (PATL) is established as a public
institute vested with corporate entity, administrative and financial Decree-Law No. 3 /2003on the autonomy, and property of its own, which shall be under the tutelage and establishment of the Port Authority and supervision of he Minister for Transport, Communications and Public on the approval of the by-laws thereof Works. The Decree-Law rules on PATL property, management and secondments. The Annex, divided in four Chapters, regulates PATL nature Date of text: 10 March 2003. and seat, its area of jurisdiction, and the related responsibilities. Moreover,
it provides inspection and control procedures. Particular attention is paid to
licences and pollutants. Descriptors (Sea): harbour; institution; legal proceedings/administrative proceedings; monitoring
This Decree-Law, composed of 73 articles divided in seven Chapters, regulates quarantine and sanitary control on goods imported and exported. The aim is preventing and controlling the introduction, establishment and propagation of exotic plagues and diseases and other harmful organisms in Decree-Law No. 21/2003 regulating the national territory; protecting the environment, agricultural production quarantine and sanitary control on goods and livestock as well as aquaculture production originating from the imported and exported country; controlling the already existing plagues and diseases in the 31 December 2003 country; protecting human beings and the public health from diseases transmitted by animals, plants or their derivatives, or by other organisms. The Decree-Law regulates monitoring procedures and defines competent authorities. Particular attention is devoted to import sanitary requirements and to animal products for human consumption. Finally, it defines
153 Title of text Abstract, Comment
prohibitions, contraventions and sanctions. Descriptors (Agriculture): agro-forestry/silvo-pastoralism; policy/planning Descriptors (Livestock): animal health; animal welfare Descriptors (Environment gen.): internal trade Descriptors (Water): aquaculture Descriptors (Waste & hazardous substances): ecofriendly products/ecofriendly processes; hazardous substances; inspection
This Law was enacted to repeal certain outdated and incomplete colonial laws on animal, fish and plant quarantine. The objectives of the Law are to prevent the introduction into, dissemination in or exportation from Indonesia of quarantine pests and diseases. Definitions of "quarantine", "quarantine pests and diseases", "animal", "fish", and "plant" are included. Importation, transportation or exportation of any carrier of quarantine pests and diseases must be accompanied by a health certificate, through a Indonesia: Law No. 16 of 1992 designated place of entry, and presented for quarantine action by a concerning Animal, Fish and Plant quarantine officer. Quarantine actions cover inspection, isolation, Quarantine. observation, treatment, detention, refusal, destruction and release. The Law defines each of these actions. No compensation is paid for destruction 08 June 1992 under the Law. Quarantine actions take place at places of entry and export although the Government shall set forth provisions regarding quarantine Implemented by: Government actions which may take place outside the places of entry and export under Regulation of the Republic of Indonesia certain circumstances. Quarantine fees and charges are to be set out in No. 14/2002 concerning Plant future regulations. The Government is required to designate kinds of Quarantine, 23 April 2002 quarantine pests and diseases and their carriers as well as places of entry and export. The Government is to encourage public knowledge of, and participation in, quarantine activities. The Law empowers certain Government employees and police officers to act as investigators in enforcing the provisions of the Law. The Law provides penalties for specified offences. Descriptors (Wild species & ecosystems): animal health; wild fauna; wild flora; hygiene/sanitary procedures; pests/diseases; quarantine; use restrictions; international trade
The law sets forth the rules for the appointment, competence and operation of entities performing the power of authority of health surveillance. This is defined as the power of intervention of the State in defense of the public health by means of the management and elimination of risk factors and by the restrictive and corrective
measure-taking about the situation capable of causing serious damage to Decree- Law 14/2005 the health of individuals or population clusters. Authorities for Health Surveillance Article 4 Competence of the District Authorities of Health Surveillance states ―To exercise the health surveillance on sites for storage, making and supply of meals and on the places for sale of food products, so as to check the hygiene/sanitary conditions, and determine the necessary measures for the minimization or elimination of the risk factors pinpointed, and it may temporarily arrest the property or determine the suspension of the activity.
154 Title of text Abstract, Comment
The present Decree Law establishes the administrative policy measures for Decree-Law No. 33/2008 of the 27th of the Districts in matters of hygiene and public order, fixing statutes for the August on Hygiene and Public Order relations between the Public Administration and citizens. There is nothing related to food.
Ministry of Health, approved by Executive Order no. 1/2008 of January 16, in its article 17, refers to National Health Laboratory (LNS) as a integrated service of the indirect administration of the State and constituted as a corporate and legal body governed by public law, with administrative, financial and patrimonial autonomy, therefore requiring an organic statute, as foreseen article 17, no.3. The LNS is a corporate body governed by public law operating as a public institute with administrative and financial autonomy and its own assets superintendent by the Minister of Health. The LNS is governed by this statute and by the legal provisions eventually and directly applicable to it, as well as by the standards of the National Health Service and, subsidiary, by the standards applicable to the organisms of Decree-Law No 39-2008 the indirect State administration. Article 3 Attributes and Competencies refers to responsibilities of the LNS at the national level, for ensuring the of October 29 on Organic Statute of the provision of high quality laboratory services to the population, for the National Health Laboratory technical supervision of the work performed by the laboratories integrated to the national health system, and for operating as a model centre for laboratory tests. Specific duties of the LNS are: a) Establish technical standards for the provision of laboratory services and provide guidance for their implementation; b) Supervise the provision of laboratory services within the National Health Service; c) Ensure mechanisms for quality control of all laboratories within the national health system; d) Ensure excellence in its operations as a model centre for the national health system no. 3 of the same article 17; The Law contains 5 Chapters: (1) General Provisions, (II) Composition, Competency and Operations of Agencies, (III) Inspection Agency (IV) Management of economic, financial ad human resources, (V) final and transitory provisions and 27 articles.
The law is establishing the legal and technical means for prevention of business offences threatening food safety, health and hygiene. The Food Safety and Business Inspection Authority by this law adopt administrative sanctions and procedures for business offences to protect the rights of the consumers. The Inspector-General of the Food Safety and Business Inspection Authority will be responsible for the application of the sanctions while sanctions fall under the jurisdiction of the Minister for Tourism, Decree- Law 23/2009 of 5 August Commerce and Industry. The law comprises VII chapters: (I) General principles, (II) Definitions and Classifications (III) Special Offences (IV), Law on Food Safety and Business Section I Offences to the public supply of foodstuffs, II Offences to the Administrative Offences commercial and industrial sector‘s regulations, III Offences against tourism related activities, social and recreative, Section IV administrative offences, (IV) Complementary Sanctions, (V) Supervision, (VI) Procedure principles (VII) Transitory and final arrangements and 45 articles. The law regulates fines, foodstuffs/additives, inspections, abnormal foodstuffs/additives and responsibilities. The law fines anyone that produces, prepares, cooks, makes, transports, stores, holds, sells, keeps in storage or displays for sale, import, export or in any other way makes available for public
155 Title of text Abstract, Comment
consumption, irregular foodstuffs or food additives that will not endanger lives or cause bodily harm. Article 8 defines foodstuff including fresh or perishable foodstuffs as ―Fresh foodstuff or easily perishable — natural or transformed foodstuff, of plant or animal origin that, under cooling conditions only, keeps its natural and specific qualities for a shot period‖. Foodstuffs are considered to be abnormal when not fresh, preserved, appropriately packed, displayed for sale, or suitable for human consumption or use. Articles 9 and 10 describe abnormal foodstuff and additives respectively. Article 35 is on inspections of goods and services that can be performed any stage in the food chain, Article 36 details on enforcing agencies that are the Food Safety and Business Inspection Authority responsible for carrying out the inspection activities described without precluding the allocation of duties defined by law to other entities. IAE may, while conducting inspection activities, ask for the collaboration of other government bodies, including the Health, Agriculture, Environment, and Customs Services as well the Police. Penalty schedules are provided for.
156
157 Annex 7: Tonga
ACP Fish II Assessment of Seafood Safety standards in Pacific ACP countries
3rd – 4th May 2011
158 Background The Kingdom of Tonga is an archipelago of more than 170 islands with a population of around 100,000. Traditional culture is still important while society is highly stratified and run as a monarchy. Around half the population lives abroad, mostly in diasporas in New Zealand, Australia and the US. Tonga's economy is a mixture of subsistence agriculture, a formal sector controlled by the aristocracy, and a small business sector dominated by Chinese immigrants. Remittances from Tongans living and working overseas play an important role, while tourism, fishing and forestry are being developed. Without any strategic or mineral resources, the country's economy is highly dependent on its developing tourism industry as well as on agriculture, forestry and fishing. While experiencing modest rates of growth, Tonga's economy remains fragile. The EU has been a longstanding partner in Tonga's development. They are negotiating an Economic Partnership Agreement jointly with other Pacific island nations. Areas of interest for Tonga in any such agreement are fisheries, services and tourism, though the priority sector of co-operation between the European Commission (EC) and Tonga under the 10th European Development Fund (EDF) will be water and energy, in particular renewable energy.
In 2007, a Framework of Mutual Obligations was signed governing the use of more than € 2.5 million of STABEX (Stabilisation of export earnings; System for the Stabilisation of ACP and OCT Export Earnings) (EU) funds for export diversification, agro-processing, marketing and upgrading of infrastructure in the agricultural sector.
Summary The experts had only two days in Tonga but were well received by the Fisheries Division who provided the most comprehensive schedule of the whole five country Pacific mission, with both days being filled by meetings.
In terms of export potential, Tonga has a very small industry, only three small processing companies were active and of those, one was near to closing its doors and moving elsewhere and another was considering its options. Catches of tuna have fallen in recent years, one vessel targets billfish on a seasonal basis and would like to develop the deep sea snapper fishery. Otherwise the industry is in recession.
The great dilemma for Tonga that permeated all conversations was the viability of the industry in an era of rising costs, reductions in raw materials and a lack of regional markets.
The Government sees the fishing industry as an area of potential growth and wishes to develop its legislation along EU lines, rather than the less powerful US and Australian/New Zealand standards. In doing so it wishes to create a Competent Authority (CA); however, meeting the requirements of the EU ‗farm to fork‘ food legislation is very demanding and at this stage may create a trade barrier before it create opportunities.
Only one person (a longline fisherman) expressed any interest in the EU market but that would require the participation of a processor, who at present is not interested.
159 The Government‘s desires therefore appear to be somewhat at odds with the private sector‘s views on what is achievable. This gap requires serious interparty discussion before major changes to the legal framework are made, and before embarking on the creation of an expensive CA that would place high demands on a weakened industry.
Recommendations were made for training in fish quality, good manufacturing practice (GMP), auditing, sampling and testing and assistance with drawing up EU compliant legislation.
Interview with Lord Vaea, Agricultural Minister: Strategy of the Ministry of Agriculture, Food, Forestry and Fisheries (MAFFF)
Lord Vaea outlined Tonga‘s strategic action points as follows:
a) Strengthening economy b) Support primary industry in agriculture, forest, food and fisheries c) Fish industry has contracted over the last 10 years d) Although Tonga has a big EEZ it is by no means the largest in the Western Pacific, being limited by the EEZs of neighbouring countries to the east and west. e) Fish exports are dropping. The main reasons cited are increasing costs for transport, fuel, the increasing technological requirements for fishing and a lack of skilled labour. f) Tuna catches are shrinking. Whereas there were up to 100 vessels fishing Tongan waters in the 1970s there are now only 10 (longliners) g) At the time of the mission the Japanese market had closed down six weeks previously due to the nuclear incident in March 2011. h) A draft Food Bill promoted by the Ministry of Health (MoH) will become Food Act under MAFFF since food is department of the MAFFF. MAFFF has Quarantine Inspectors that would take over inspections and implementation of the Act would be guided by the food processing and hygiene department of the MAFFF (6 staff of the ‗Women and Food‘ section) i) The draft Food Bill does not have any provision for official controls over fishing operations j) Tonga wishes to target EU market and its potentials and viability; they see no market in Pacific; however they are aware that they would need to raise the standards of official inspection to access the market and recognise the need for training and guidance on EU law. k) MAFFF aims to have the new Food Act in 2011 in place and based on this to impose strong standards, like the ones of EU; they do not want to adopt the NZ/Australian standards since they see a limited market there. l) Tonga had support by Stabex funds. The programme aimed at raising quality of export and import facilities, training of inspectors, SPS and official controls m) The Minister is chairman of the national Codex Committee
Further opinions from within Government include the views that food business operators (FBO) have not proved capable of coping with tuna migration and that there are too few large ocean going vessels that can take advantage of high seas fishing opportunities. If larger
160 vessels were to enter the industry they could take advantage and fish in other waters closer to the canneries in American Samoa or at transhipment points.
The government is undergoing reform and the Fisheries Division has gained importance as key player in the economy and there is a proposal to the Cabinet that Fisheries becomes a Department under MAFFF reporting direct to the Minister. If this happens then there will be a case for further fishery management tools to be employed, such as vessel monitoring, a database of fish catches, a fully equipped laboratory with competent staff.
There have been efforts made to reactivate tuna fisheries under TeVaka Mohana agreement aiming at a multizone access, developing a boat charter legislation where owner can hire boats that fly the Tongan flag and following stock wherever it goes.
Interview with Dr Manu, Deputy Director MAFFF
Dr Manu is Codex Context Point and the organiser of the latest regional Codex meeting that took place in Tonga.
He informed the experts that FAO drafted the Food Bill in 2006 but felt it had been too long in limbo, meanwhile new Public Health regulations and Fishery Export regulations were enacted and international legislation had moved on.
Laboratory equipment had been supplied by the EU‘s SFP programme and Stabex but unfortunately time was too short for the experts to have sight of the facilities.
He further informed the team that there is an agreed implementation plan for the new requirements but unfortunately at the time of writing it was not available. Interview with staff of Fisheries Division Salient facts amongst those collected during discussions with the management of the Fisheries Division were that the Division has 48 staff, including one lawyer (who was absent during the visit, attending an FFA meeting) but who would be able to advise on creating law. The process of making law is for legislation to be drafted presented to the Cabinet, who approve it, it is passed on to the Solicitor General, who scrutinizes it, and passes it to the Law Committee, after which it goes before Parliament for gazetting and becoming law. It was reported that the fish inspectors deal primarily with fishery management issues. Some staff work on a day to day basis on licensing and certification of vessels and five staff prepare export licences and carry out HACCP inspection for tuna destined for the US market; a number of fish inspection staff and private sector personnel have received HACCP training, some on US systems. Five fish businesses are licensed to operate, from this three for export. In addition five export aquarium fish, though at the time only four were active. Fishing activities are decreasing in the islands; the FD reports the following licence figures: Table 1: Tongan Licensed Vessels 2010 Licence tuna long line local 3 Deepwater snapper 19 Live export fish for consumption 1 Commercial sport fishing 7 Research vessel 1
161
Meanwhile the Division reported the export figures given in Table 2. Most have fallen over the four-year period, with the unexplained ‗Deep Reef Fish‘ appearing for the first time as did bluenose, a species of snapper that are being investigated by one fisherman, who told the experts he was still waiting for a license to land in commercial quantities almost a year after first identifying the stock and applying to the MAFFF.
Table 2: Tongan Export Data on Fish (not Aquarium) 2007-10 Fish 2007 2008 2009 2010 Bluenose 282 Clams 17 212 48 Crustacean 772 1,920 181 68 Grouper 3,686 2,559 2,131 2,238 Octopus 3 19 30 Deep Reef Fish 4,286 Other Reef Product 1,277 1,651 ReefFish 12,877 5,196 6,339 2,964 Seaweed 107,727 347 15,770 32 Shark 2,196 1,861 1,742 1,303 Snapper 131,094 103,721 75,292 89,214 Tuna 371,219 245,968 88,823 38,220 Bechedemer 14800 370,000 312,000
There is also an export trade in aquarium fish, Table 3 provides the quantities and value for 2010.
Table 3: Tongan Export Data on Aquarium Fish 2010
Grand Total Grand Total Species Group Pieces Tongan $
INVERTEBRATE 120,153 $417,597 LIVE HARD CORAL 30,849 $164,083
LIVEFISH 19,916 $70,551
SHELLFISH 1,338 $22,224
SOFT CORAL 19,179 $67,202
Grand Total 191,436 $741,657
162 The reasons why export figures are decreasing were suggested as, lack of fish (migration), poor financial management by the private sector, the loss of a ministry boat for export to Samoa due to environmental requirements and no CA laboratory.
Private sector The private sector reported similar findings to the public sector; diminishing catch rates since 2008 (one processor reported his vessel catches falling from 1 tonne/day to 200kg, though another fisherman reported his catches as steady at 1 tonne/day) Processors reported variable quality as an issue in promoting consistent sales.
Fishermen complained that financial support was needed to kick-start the industry. They needed stable prices for fuel, electricity, ice plus training on fish quality and food safety. They saw their alternative was to move their business to other Pacific islands or even Australia
Problems were reported at the airport too. The exporter must fulfil temperature requirement for export to the US, with the extra ice adding to transport costs while NZ air requires cargo be to at the airport 5 hours before leaving and there are no holding facilities there.
The private sector saw its markets as, internal, Japan and the USA but trials in Germany had proved successful several years previously and this had encouraged them to seek more knowledge of the EU potential.
Three processors were interviewed and reported labour in Tonga as expensive and largely untrained. They felt that there was a potential for filleting and loining fish for the local market but that better preservation methods were needed.
The interviewees also complained that the fishery inspectors had to see every shipment but that all landings had to be made during office hours, making planning around tides, weather and commercial needs, impracticable.
The general feeling was that extension officers are not working, MAFFF had no plan to develop fish industry, that the FD had no capacity in terms of inspection but that if the FD would work on the CA system this would help in future
Private Sector Processor: Pacific Blue The company had operated for five years in business out of one small factory unit and made these points:
a. Export to Japan achieved a better price than US b. They had 10 staff, 4-5 full time and 3 tuna boats c. They used chilled export air freight but this was very expensive and Tonga as a whole was not viewed as an ideal place for fish business on account of the high underlying cost structures. d. They would normally send 3-5 t as one cargo but if catch was not good quality they sold it locally (once again the issue of variable quality suggested the need for better training and chilling facilities)
163 e. For any export FD comes to control packaging, check paper etc; customs comes also to check export permit f. They hire a Tongan fish grader who grades fish for the Japanese market (A-C quality levels) g. Deliver aquarium fishes - live
Private Sector: Tuna Association – FIAT Members are vessel owners, companies, artisanal boat owners. The Association‘s objectives are:
- Sustainable fisheries - Profitable fisheries - Coordination with government on policies, advise them - Representation regional - Provision of consultation to fisheries - Advocacy for interests
In 2011 they started working to improve standards for export together with the FD. In 2009 they made a start on fishery standards, trade issues (markets, costs) and EU requirements.
They reported that no wider consultation took place Food Bill; they recommend an interim Council for national standards. It was felt that the Council was rather top heavy with political members, who did not necessarily have the experience to advise on fish industry matters and were frequently too busy with other Government business to assist the Council.
Interview: Dr. Ake Ministry of Health (MoH) The energies of the MoH were largely taken up with matters of public health and food safety did not register as a priority. Dr Ake regarded the MAFFF as the ministry with responsibility for food and was quite happy for them to deal with food standards and control including fish.
Dr Ake was aware of the food component in the Public Health Act (communicable diseases section) and will not object if it is repealed when the Food Bill becomes and Act. The MoH does have food inspectors but they have however no idea on HACCP or fisheries.
The MoH has no food lab, do sensory testing only, physical checks, no temperature control and they refer to Codex although its use is not mandatory
MOH is happy with the MAFFF being CA and could provide service to them if they were advised to do so and move shift inspectors to them if they need manpower.
Ministry of Labour and Commerce (MoLC) The meeting with representatives of the MoLC confirmed much of what had previously been understood and so the content of the meeting is summarised here in bullet form.
The MoLC was working on foreign vessels to come back by streamlining licence procedures and promoting other products such as seaweed and sea cucumbers;
164 They were also working on a World Bank project that included improvements to business licensing but no further information was available at the time. EU funds came through Secretariat of the Pacific Community TIBEC: Tonga Business Education, provided training based on business requests and assisted in developing business plans and studies. Their specific findings were that businesses need better management practice. Stabex the Stabilisation Export fund from the EU had closed its fourth phase. During its operation the fund had supported wharf rehabilitation, provision of a fish market, provided with ice machines, labs and training and the new MAFFF offices. Processing in Tonga is very expensive due to exports of raw materials and equipment etc, packaging is expensive and transport. Many businesses closed down Local Fishermen need training
Tonga National Fisheries association – Women in Fisheries, Miss Palau An energetic association that had benefited from support from the Commonwealth Secretariat and was led by Ms Palau. It has 300 members and was formed in March 2008 as a break away from the FIAT.
As the numbers of vessels suggest, the association supports small fishermen and sought support for sourcing bait and lower cost fuel. Issues raised included the cost of licences for catching bêche de mer that the FD had raised ‗tremendously‘.
She felt that there was a market for their reef fish in Fiji, which had been interested in receiving consignments, but transport was a severe problem. She had no information on the EU hygiene requirements.
165 Gap analysis comparing equivalence of Tonga and EU legislation
Fish Hygiene legislation - Definition of the control system9 EC requirement Source in EC legislation Country requirement Action needed, comments Nomination of the Competent Article 4 (Designation of competent authorities Not present Addressed in Draft Food Bill, Part II Authority and operational criteria and operational Criteria) Regulation (EC) No Administration 882/2004 on official controls performed to ensure Creation of a National Food Authority the verification of compliance with feed and food Operational criteria (some are there, but law, animal health and animal welfare rules need to be specified further) Definition of system of approval Article 4. Registration and approval of Regulated by Fisheries Management Addressed in Draft Food Bill 2011 for establishments establishments of Regulation (EC) No 853/2004 (Processing and export) Regulations 2008, of the European Parliament and of the Council of Part 3: Export of Fish, registration and Definition is on fish only. Some 29 April 2004 laying down specific hygiene rules approval of fish premises species/products are in practice not for food of animal origin PART VI – Fish Processing and Exports, 33 specifically covered by the controls (shark Fish Processing Establishments fins, sea cucumbers) and may need to be Also by the Public Health Act of 2008, Part 4: explicitly included. Comment [d4]: No export? Food, Division 1– General Provision Definition of technical conditions Chapter III: Requirements for establishments, Definitions by Fisheries Management Current legislation allows for preparation for approval of establishments including vessels, handling fishery products of (Processing and Export) Regulations 2008, of HACCP Plan by a Seafood Safety (physical plants and working Section VIII: Fishery products, of the Annex to Part 3: Export of fish, 10. Licence conditions Inspector, however food safety inspectors practices) including HACCP regulation 853/2003. and by 3. Seafood safety standards of the inspect also, this area of potential conflict Regulations stating ― Licence holder shall requires resolution. ensure, for the purposes of processing and export, compliance with the food safety Draft Food Act/Draft Standards – Comment [d5]: No export? standards provisions of the Public Health Act Codex, see 43 (3) and any other law in the Kingdom‖.
Public Health Act 2008, Part 6 Sanitary Facilities Requirement for traceability Article 18 of Regulation 178/2002 Not present Addressed by Draft Food Bill 2011, Part 3 General Provisions (17 Traceability) for
9 Selected, initial stages only; for further details on the whole requirements see the applicable legislative text
166 EC requirement Source in EC legislation Country requirement Action needed, comments FBO Requirements for approval and Fisheries Management Act 2002 provides for Licensing of boats is based on minimum registration of vessels? powers and procedures for registrations of requirements of safety that are not further fishing vessels and issuance of fishing described, structural and hygiene licences. requirements need to be addressed Draft Food Bill 2011 is not covering structural requirements (temp. control) for vessels - legislation should address Requirement for inspection of Chapter I: Requirements for vessels of section Structural and hygiene requirements as Structural and hygiene requirements are fishing vessels VIII: Fishery products, of the Annex to Regulation required by EU are not addressed not included or defined 853/2003. Legislation should address Fisheries Management Act 2002, 23: Conditions of fishing licences makes provision for a Order to specify general or special conditions additional to those prescribed to which all fishing licences or any category of fishing licences shall be subject including conditions relating to open and closed seasons, prohibited fishing areas, minimum mesh sizes and minimum species size Requirement for inspection of fish Chapter II: Requirements during and after landing Not present Legislation should address landing sites of Section VIII: Fishery products, of the Annex to Regulation 853/2004 (Annex III: Specific requirements, Section VIII: Fishery products, Chapter V: Health standards for fishery products). Requirement for organoleptic Commission Regulation (EC) No. 2074/2005 of 5 Not present Legislation should address EU inspection of fishery products and December 2005 laying down implementing requirements parasite checks measures for certain products under Regulation No 853/2004, 854/2004, 882/2004 and amending Regulations 853/2004 and 854/2004 Monitoring of residues and Chapter II: Official controls of fishery products of Not present Legislation should address details contaminants in fishery products the Annex to Regulation 854/2004. Monitoring of harvest areas for Chapter of Section VII Live bivalve molluscs of Not present May be required for export of tunicates for the production of bivalve the Annex to Regulation 853/2004 human (consider SE Asian markets)
167 EC requirement Source in EC legislation Country requirement Action needed, comments molluscs, gastropods, tunicates and echninoderms Powers of inspectors Regulation 882/2004 Powers of inspectors ( ) is regulated by the Draft Food Bill 2011, Part IV: Inspection Public Health ACT 2008, Part 13 – Monitoring Powers of authorized officers (vessels are and Enforcement by the Fishing Managment not included) Act 2002, PART X – Powers of authorised officers
Food safety conditions applied to marine capture fishery products for human consumption- fish hygiene legislation technical requirements
EC requirement Source in EC legislation Country requirement Action needed, comments Requirements for potable water Directive 98/83/EC of 3 November 1998 on the Part 5: water Supply Control of the Public Legislation should refer to EU water quality quality of water intended for human consumption, Health Act 2008 regulates requirements for quality standards and test requirement as amended by Regulation 1882/2003. potable water, however standards to obtain Refer also to Commission Note ―Check of water: and test for are not further specified Commission technical notes on water quality for fish processing establishments‖. Prohibited fish species Chapter V: Health standards for fishery products No requirements specified Not exported to EU e.g. toxins harmful to human health of section Domestic Fishing Regulations 1996 species Chapter VIII: Fishery products, of the Annex to prohibited for export are defined Regulation 853/2004 Area control system for monitoring Annex II Live bivalve molluscs No requirements specified Commercial harvest of tunicates for export and closure of bivalve and Chapter II: Official controls concerning live for human consumption requires gastropod molluscs, tunicates bivalve molluscs from classified production areas establishment of a monitoring system of the Annex to Regulation 854/2004. Requirement that testing Article 12 of Regulation 882/2004 on official No requirements specified Legislation is required laboratories for official control be controls performed to ensure the verification of Draft Food Bill 2011 addresses accredited to ISO 17025 compliance with feed and food law, animal health designation of an official laboratory‖ under and animal welfare rules section 12(2) of the Act, however requirements of the lab, such as
168 EC requirement Source in EC legislation Country requirement Action needed, comments accreditation are not further specified Microbiological criteria for fishery Microbiological standards for fishery products Not further specified Legislation is required considering EU products (including histamine (including histamine) along with sampling General definitions by Fisheries Management export requirements for histamine and content) requirements are set out in Commission (Processing and Export) Regulations 2008, microbiological criteria (levels, sampling Regulation (EC) No 2073/2005 of 15 November Part 3: Export of fish, 10. Licence conditions plans, test methods, process control) 2005 on microbiological criteria for foodstuffs states: the exporter demonstrating that they can consistently meet the appropriate Draft Food Bill 2011 under 43. standards regarding microbial and natural Regulations considers making further toxin contamination, chemical contamination regulations for acceptable levels of food and physical contamination additives, environmental contaminants, veterinary drugs, pesticides and other residues or other chemical and microbiological contaminants in foods
Sulphite content of crustacea European Parliament and Council Directive No No provisions are made to export of fish and Law should be modified to permit sodium, 95/2/EC of 20 February 1995 on food additives fishery products potassium and calcium sulphites and other than colours and sweeteners bisulphites to be applied to a limit of 150 mg/kg in edible part of the raw flesh of crustacean and cephalopod molluscs Heavy metal limits for Cd, Pb and Regulation (EC) No. 315/93 of xxx laying down Not further specified Amendment need to be made related to Hg Community procedures for contaminants in food EU requirements by the Draft Regulation, - Regulation (EC) No. 1881/2006 of xxx setting see above maximum levels for certain contaminants in foodstuffs establishes maximum levels for cadmium, mercury, inorganic tin, 3-MCPD and benzo(a)pyrene in certain foodstuffs - Regulation (EC) No. 629/2008 of xxx amending Regulation (EC) No 1881/2006 setting maximum levels for certain contaminants in foodstuffs Sampling and analytical methods Commission Regulation (EC) No. 333/2007 No requirements specified to export of food Legislation is required applied by laboratories for heavy laying down methods of sampling and analysis metals for the official control of the levels of lead, cadmium, mercury, inorganic tin, 3-MCPD and benzo(a)pyrene in foodstuffs
169 EC requirement Source in EC legislation Country requirement Action needed, comments Maximum residue limits for Commission Regulation (EC) No 1881/2006 of No requirements specified Legislation is required and needs to be Dioxins and dioxin-like PCBs, and 19 December 2006 setting maximum levels for adapted to EU requirements PAHs in fishery products certain contaminants in foodstuffs Sampling and analytical methods Commission Regulation (EC) No 1883/2006 of No requirements specified Legislation is required applied by laboratories, for 19 December 2006 laying down methods of analysis of dioxins and dioxin-like sampling and analysis for the official control of PCBs levels of dioxins and dioxin-like PCBs in certain foodstuffs Chemical checks on freshness - Regulation (EC) No 2074/2005 xxx laying down No requirements specified Legislation required TVB-N - where organoleptic implementing measures of certain products assessment has raised doubts as under regulation (EC) no 853/2004 to freshness of certain fish species Regulation (EC) No 1022/2008 amending regulation No 2074/2005 as regards to the total volatile basic nitrogen (TVB-N) limits Maximum limits in bivalve and Chapter of Section VII Live bivalve molluscs of No requirements specified May be required for export of tunicates for gastropod molluscs, tunicates and the Annex to Regulation 853/2004. human consumption to SE Asian markets echinoderms of paralytic shellfish poison (PSP), amnesic shellfish poison (ASP), okadaic acid, dinophysistoxins and pectenotoxins yessotoxins azaspiracids
Food safety requirements for Aquaculture products - Aquaculture residue control legislation
EC requirement Source in EC legislation ´Country requirement Comments System of approval for Council Regulation 2377/90 laying down a No requirements specified Legislation required registration, controls on import, Community procedure for the establishment of and production of maximum residue limits of veterinary medicinal pharmacologically active products in foodstuffs of animal origin substances used for the veterinary treatment of animals which are used for human food Prohibition of use of stilbenes and Article 11 (2) of Council Directive 96/22/EC of 29 No requirements specified Legislation required
170 EC requirement Source in EC legislation ´Country requirement Comments thyrostats, and limitation of use of April 1996 concerning the prohibition on the use Banned substances for veterinary steroid hormones and beta- in stockfarming of certain substances having a applications should be regulated as a agonists hormonal or thyrostatic action and of beta- negative list. agonists and Directive 003/74/EC of the European Parliamnet and the Council of 22 September 2003 amending Council Directive 96/22/EC concerning the prohibition on the use in stockfarming of certain substances having a hormonal or thyrostatic action and of beta-agonists Regulations governing distribution Article 7 (indent 1) of Council Directive 96/23/EC No specific requirements Regulations required to require of controlled compounds, their requires a third country to provide a description prescription under veterinary supervision), prescription and use in animal of the legislation governing the authorisation, storage and stock controls on farm, record production for human consumption distribution and use of veterinary medicinal keeping of medicinal applications on farm, products; However such provisions within the separation of treated and non-treated Community are not harmonised animals, holding of treated animals for withdrawal period prior to slaughter and information and communication requirements in respect of animals sold before the end of the withdrawal period. Residue monitoring system Article 4 and Article 7 of Council Directive No requirement in place Should be required in regulations 96/23/EC of 29 April 1996 on measures to monitor certain substances and residues thereof in live animals and animal products which defines sampling requirements and tests to be undertaken in respect of aquaculture animals.
Requirements applying to transhipment and third country vessels- provisions for inspection of vessels flagged by another state
EC requirement Source in EC legislation Country requirement Comments Inspection of vessels Article 18 Regulation No specific powers given in respect of the There is a need to a) define powers in respect of conditions (e.g flagged by another 854/2004 allows inspection by third country vessels. No provision for requirement to inspect) when requested for issue of health certificate and b) third country the CA of a vessel listed by MoU to allow such inspections beyond define powers in respect of inspection of reefer vessels c) provide for another 3rd country. the jurisdiction of the CA development of MoU in respect of inspection of vessels flagged by another third country
171 Conclusions and Recommendations
The authors are aware that rather than focussing solely on legislation and seafood standards this document reports on a picture of the Tongan fishing industry as viewed from two perspectives, that of Government and that of the private sector. The description is vital for an understanding of what is required from future legislation and standards development; one party the Government sees a positive future and opportunities to develop, whilst those trying to make a living see only hard times and diminishing margins. It is within the boundaries of this dichotomy that the experts considered the most effective way forward.
A period for integration is suggested, perhaps five years, during which any new laws are not enforced in full but during that time inspectors advise the private sector on how to raise standards and build their own systems to support a monitoring and testing regime.
1 Conclusion: Legal framework. The gap analysis indicates that the food safety and official control powers are dispersed amongst several pieces of legislation and standards. The content of the draft Food Bill, the Fisheries Management (Processing and Export) Regulations 2008 and the food hygiene component in the Public Health Act should be considered together by a multidisciplinary team comprising the MAFFF, MoH, MoLC and the private sector to ensure that the outcome, equivalence to the EU regulations, if that is the desired result.
1.1 Recommendation: Legal framework That a policy and accompanying strategy be agreed on what the objective is for the legislation and how, if equivalence to that of the EU is the target, it is to be applied without it becoming too onerous to the private sector.
Ensure legislation is adjusted in consultations between the Government and the private sector.
The final form of the fish related elements of the food control regulations should be reviewed by an expert in the subject prior to putting to Cabinet.
2 Conclusion: Preparation of Standards/National Guidelines/Codes of Practice Tonga will require National Guidelines (Codes of Practice) as reference points for on fish and fishery products.
2.1 Recommendation: Preparation of Standards/National Guidelines Donor assistance may be available to provide expert assistance in drawing these up.
3 Conclusion: Creation of a CA The creation of a body that has the skills and capacity of a strong CA would benefit Tonga however, its powers should be tempered so that it does not restrict the private sector but works in an advisory capacity and monitors when is best to start to apply the new rules more strictly.
3.1Recommendation: Creation of a CA
172 MAFFF to seek donor assistance in the creation of a CA
4 Conclusion: EU Market Research In common with the other Pacific island countries that are interested in developing a trade with Europe the private sector need an incentive to determine if a viable market actually exists.
4.1 Recommendation: EU Market Research It is strongly recommended that market research is carried out into the reality of the European market for Pacific fish, including but not exclusively the categories: size by volume and value, location by country, preferred fish species, type of outlet (catering, supermarkets), estimated time for market to develop, points of entry into Europe, presentation (e.g. whole, fillet, loin, chilled, frozen) value added by secondary processing (smoking, drying, sauces, traditional recipes) importance of eco-friendly, sustainable systems, IUU fishing.
173 Appendix 1: Who Met and Diary of Activities
3rd May 2011 Name of Contact Contact details 09:00 Hon Minister of Agriculture, Food, Forests PO Box 14 and Fisheries, Vuna Rd Lord Vaea Nuku‘alofa T: +676 27-400 M: +676 8403588
[email protected] [email protected] 10:10 Vilimo, I Makasini Senior Fisheries Officer Ana Taholo, S, Ha‘unga Lavinia 11:10 Chin Choe (SPR) [email protected] (Fish Processor) T: +676 26290
12:10 Halaevalu & Va‘inga Palu T: +676 26795 Fisheries Dept [email protected] [email protected] 14:00 Tricia Emberson [email protected] Owner, Alatini Fisheries 15:10 Tame Taunaholo [email protected] Failo Taufa Semisi Fakahau
4th May 2011 09:00 Dr Viliami Manu [email protected] MAFFF 10:10 George Nakao [email protected] Naitilima FIAT Chamber of Commerce 11:10 Dr Malakai Ake [email protected] Ministry of Health 12:10 Ede Lam (Pacific Blue Ltd) - 14:00 Tatafu Moeaki [email protected] Secretary for Labour and Commerce Industries 15:10 Etimoni Palu (Atlantis Fishing)
174 Appendix 2: Legislation – FAO-lex, with analysis
Tonga
Title of text Abstract, Comments
Fisheries Act 1989 (Act No. 18)
Reprinted version of 1998 of Act No. 18 of 1989
Implemented by: The Act consists of 62 sections which are divided into 10 Parts, i.e.: Preliminary (I); Fisheries Conservation, Management and Development (II); Fisheries (Local Fishing) Regulations Foreign Fishing (III); Fishing Licences (IV); General Provisions (V); Powers of 1995 (No. 5 of 1995), 31 May 1995 Authorized Officers (VI); authorized Observers (VII); Sale, Release and Forfeiture of Retained Property (VIII); Jurisdiction and Evidence (IX); Miscellaneous (X). Amended by: The Minister responsible for fisheries may, by Order, make regulations with 27Fisheries (Amendment) Act 1993 respect to reserved fishing areas, control of export and import of fish and to (Act No. 19 of 1993), October 1993 all matters listed under section 59. Descriptors (Fisheries): basic legislation; marine fisheries; inland fisheries; fishery management and conservation; fishing licence; registration; non- commercial fishing; foreign fishing; access right; fishing gear/fishing method; Repealed by: Fisheries Management research; processing/handling; mariculture; aquaculture; concession; Act 2002 (No. 26 of 2002), 31 enforcement/compliance; offences/penalties December 2005
Repeals (a) Fisheries Regulation Act, 1923; (b) Fisheries Protection Act, 1973; (c) Whaling Industry Act, 1935
Fisheries (Amendment) Act 1993 An Act to amend the Fisheries Act by providing for the functioning of the (Act No. 19 of 1993) Secretary for Fisheries in the framework of the principal Act. Section 2 of the Principal Act is therefore amended: (i) by deleting the word "Director" and its Date of the text: 27 October 1993 definition; (ii) by deleting the words "Director of Agriculture from the definition of "fisheries officer" and by substituting therefore the words "Secretary for Fisheries"; (iii) by deleting the words "Principal Fisheries Officer" from the Amends: Fisheries Act 1989 (Act No. definition of "Registrar" and by substituting therefore the words "Secretary for 18), 1998 (Comments: Sections Fisheries"; (iv) by inserting the following word and definition: "Secretary 2,3,26,60.) means the Secretary for Fisheries"; (v) by deleting the word "Director" from the definition of "test fishing operations" and by substituting therefore the word "Secretary". Section 3, 26 and 60 of the Principal Act are amended by Repealed by: deleting the word "Director" wherever it appears and by substituting therefore the word "Secretary". Fisheries Management Act 2002 (No. Descriptors (Fisheries): institution 26 of 2002), 31 December 2005
175
These Regulations, made under the Fisheries Act 1989 and continuing into existence under the Fisheries Management Act set out general measures for the management and conservation of fish resources in Tonga and measures for the protection of specified species of fish and aquatic animals. They also provide for the protection of marine mammals. General measures concern the regulation of production and exportation of Fisheries Regulations 1992 fish, inspections of fishing operations and returns on by fishermen. Specific measures size of fish and aquatic animals including turtles, coral, oyster and Date of the text: 1992 lobster, close seasons and conditions for fishing. No person shall fish for marine mammals without an authorization of the Secretary. The Regulations Consolidated: 31 December 2005 also prescribes forms and fees for purposes of the Fisheries Act 1989 in the Schedules. Descriptors (Fisheries): marine fisheries; fishery management and conservation; fishing gear/fishing method; seasons; inspection; international trade; offences/penalties Descriptors (Wild species & ecosystems): turtles; aquatic animals; coral; marine mammals; hunting authorization/permit
Fisheries Management Act 2002 (No. 26 This Act makes provision with respect to the management of conservation of of 2002) fisheries resources of Tonga and provides rules relative to fishing in Tongan waters by domestic and foreign fishing vessels, fishing by Tongan vessels on An Act to provide for the the high seas and the processing and exportation of fish. The Act further conservation, management defines offences, defines jurisdiction and provides for various matters of sustainable utilisation and miscellaneous character. development of fisheries resources in The Act designates the Minister as the principal authority for purposes of this the Kingdom and other matters Act. The Minister shall determine the total allowable catch, determine and incidental thereto. allocate participatory rights in a fishery and designate a fishery or fisheries which shall be subject to determinations and allocations of participatory Date of the text: 12 November 2004 rights. The Minister shall establish a Fisheries Management Advisory Committee and may declare Special Management Areas for purposes of Consolidated: 31 December 2005 coastal community management, application of certain conservation and management measures, subsistence fishing operations or other specified purpose. The Minister may also declare fish to be a fish protected species. The Act requires domestic and foreign vessels to be registered in the Fishing Implemented by: Vessels Register. Any fishing by local vessels and fishing by foreign vessels in Tongan waters requires a licence, permit or other authorization to be Special Management Area Order granted by the Secretary for Fisheries. Exportation of fish or the operation of (GS No. 20 of 2004), 15 October fish processing plants requires a licence and fish processing plants shall 2004 register with the Secretary. The Act provides rules relative to foreign fishing Stowage of Gear Regulations (G. 4 and defines the conditions at which Tonga may enter into international of 1974), 1988 fisheries management or access agreements or arrangements. The Act defines the conditions at which a Tongan Ship may participate in fishing at Fisheries Regulations 1992 the high seas and requires Tongan vessels to comply with the Agreement for the Implementation of the Provisions of the United Nations Convention on the Fisheries (Management and Law of the Sea of 10 December 1982 relating to the conservation and Conservation) Regulations 1994 management of straddling fish stocks and highly migratory fish stocks and the Agreement to Promote Compliance with International Conservation and Repeals: Management Measures by Fishing Vessels on the High Seas. The Act prohibits driftnet fishing in the fisheries waters of Tonga, landing of fish by Fisheries Act 1989 (Act No. 18), vessels engaging in driftnet fishing and possession of driftnets. The Act 1998 further concerns, among other things, enforcement, observers, offences and
176 legal proceedings. Descriptors (Fisheries): basic legislation; marine fisheries; inland fisheries; fishery management and conservation; international agreement- implementation; foreign fishing; community management; fishing gear/fishing method; total allowable catch; fishing licence; registration; institution; policy/planning; enforcement/compliance; offences/penalties
The Act consists of 41 sections divided into 6 Parts: Preliminary (I); General Aquaculture Management (II); Authorisations for Aquaculture (III); Protection of the Environment (IV); Enforcement (V); Miscellaneous (VI). Section 2 contains interpretations. "Aquaculture" means any operation involving the husbandry, cultivation, propagation or farming of fish, during the whole or part of its life cycle and includes any operation in preparation for any aquaculture or other related activity. The terms and phrases defined in the Fisheries Management Act 2003 shall be given the same meaning in this Act, unless otherwise specified under this Act. The Minister of Fisheries shall be responsible for the control, management and development of aquaculture (sect. 3). He or she shall prepare an aquaculture management and development plan under section 4, may declare any area to be an aquaculture area by Notice in the Gazette (sect. 5) and may declare any area to be a development buffer zone (sect. 6). The Minister may allocate Aquaculture Management Act, 2003 aquaculture areas or buffer zones to local communities or coastal (Act No. 15 of 2003). communities (―Designated Communities‖). The Minister shall remain An Act to provide for the responsible for areas and zones that are not allocated under section 8. No management and development of person shall undertake any activity which is listed in a notice issued under aquaculture in the Kingdom and sections 5 or 6 as a restricted activity within a buffer zone or an aquaculture other matters incidental thereto. area without the prior written consent of the Minister. The Minister may, in Date of the text: 18 November 2003 consultation with the Aquaculture Advisory Committee, established under section 11, issue and publish codes of practice. Aquaculture and related activities shall only be conducted: (a) by persons who hold an aquaculture development licence or other authorisation issued in accordance with this Implemented by:Aquaculture Act; (b) within aquaculture areas; and (c) in accordance with this Act and any Management Regulations, 16 regulations or orders made under this Act (sect. 12). Sections 13 to 25 September 2008 concern authorization of aquaculture operations. Application for aquaculture development licence or other authorisation shall be made to the Minister under section 13 in the prescribed form. An aquaculture development licence Amended by: Aquaculture shall be valid for the period stated in the licence which shall not exceed 10 Management (Amendment) Act 2005 years and shall be subject to general conditions prescribed by law or specific (No. 12 of 2005), 10 January 2006 conditions imposed by the Minister (sect. 17). The Secretary for Fisheries shall keep a register of licences and authorizations pursuant to section 20. Provisions of Part III concern also sanctions in case of non compliance with licence conditions or rules prescribed by law. Holders of licences shall take all reasonably practical measures to void and minimize pollution caused by aquaculture or related activity. The Minister may require by notice a holder of a licence to take specified measures. In determining what measures are reasonably practical, the Minister or a court shall take into consideration any code of practice, standards or guidelines issued under this Act (sect. 26). If the Minister suspects effects of aquaculture detrimental to the environment, he or she may commission an assessment of the environmental impact by a qualified independent person (sect. 27). No person shall introduce or import, possess, breed, sell or export any fish designated by the Secretary under section 28 as exotic fish without the written authorisation of the Secretary and no person shall import, possess, sell or culture any genetically modified fish
177 or use any genetically modified fish in aquaculture or related activity without the written authorisation of the Secretary. Importation of live fish and release of aquaculture products requires the permission of the Minister (sect. 30). The Minister may designate Aquaculture Officers under section 31. Regulation 41 defines regulation making powers of the Minister. Descriptors (Fisheries): aquaculture; mariculture; inspection; institution; authorization/permit; aquatic animal products; aquatic animals; alien species; international trade; offences/penaltiesTonga
Aquaculture Management Regulations 2008 These Regulations implement provisions of the Aquaculture Management Act in relation with certification by an aquaculture officer of aquaculture products, Date of the text: 16 September 2008 application for and renewal of aquaculture licences and bimonthly returns by licence holders. Implements: Aquaculture Descriptors (Fisheries): aquaculture; mariculture; authorization/permit; Management Act, 2003 (Act No. 15 certification; data collection/reporting of 2003), 18 November 2003
Regulations to make provision for fishing by local fishing vessels and the registration of those vessels, for commercial sport fishing, for licencing of fish processing establishments, and for the domestic marketing of fish. The 27 Fisheries (Local Fishing) Regulations regulations are divided into five Parts, i.e.: Local Fishing (I); Commercial 1995 (No. 5 of 1995) Sport Fishing Vessels (II); Fish Processing Establishment (III); Fish Marketing (IV); Miscellaneous (V). (3 Schedules: Forms (1), Fees (2), Vessel Date of the text: 31 May 1995 Identification Markings (3)). Regulation 9 specifies general conditions to which every local fishing licence shall be subject. The Forms concern application for registration of fishing vessel, certificate of registration, notice of change of ownership, notice of modification of vessel, application for Implements: Fisheries Act 1989 (Act fishing licences and processing licences. No. 18), 1998 Descriptors (Fisheries): marine fisheries;
inland fisheries; processing/handling; fishing licence; registration; non- commercial fishing; internal trade; fishing licence fee; fishing vessel marking
With reference to the powers contained in section 101 of the Fisheries Management Act 2002, the Regulation makes provisions for Seafood safety standards (licence holder shall ensure compliance with the food safety standards provisions of the Public Health Act and any other law of Tonga related to processing and export) The regulations contains of 23 sections and 4 parts: (1) PRELIMINARY, 1. Fisheries Management (Processing Citation, 2. Interpreatation, Seafood Safety Standards (2) FISH and export) Regulations 2008 PROCESSING ESTABLISHMENTS, 4. Fish processing establishment certificate, 5. Application for a fish processing establishment licence (3) Arrangement of Regulations EXPORT OF FISH, 6. Definition of fish, 7. Application for a licence to export fish, 8. Renewal of licence to export fish, 9. Licence to export fish, 10. Licence conditions, 11. Fish export Log sheet, 12. Fees for export of marine products; (4) EXPORT OF AQUARIUM FISH AND AUTHORIZED
OFFICERS and Schedules
Comments: Seafood safety officers develop HACCP plans and audit HACCP.
Because all food safety provisions will be consolidated in the draft Food Act, some provisions were taken out from the current Fisheries (Processing and
178 Export) Regulations 2008 such as: PART I – PRELIMINARY 1. Citation: These Regulations may be cited as the Fisheries (Processing, Marketing and Export) Regulations 2005. 2. Interpretation e.g. related to (c) "Codex Alimentarius" means the collection of internationally adopted food standards compiled by the Joint FAO/WHO Food Standards Programme; (e) "General Principles of Food Hygiene" means the Recommended International Code of Practice General Principles of Food Hygiene in the Codex Alimentarius; (f) "HACCP" means the Hazard Analysis Critical Control Point system as provided for under the Codex Alimentarius which identifies, evaluates and controls hazards which are significant for food safety; (h) "seafood safety inspector" means an inspector appointed under regulation 28 of these regulations; 3. Forms and fees (3(1), 3 (2); PART II - GENERAL MEASURES Seafood safety standards, 4. (1) The Minister may establish seafood safety standards for the purposes of processing, marketing and export. (2) The areas in which the Minister may prescribe standards include, but are not limited to the following (a) handling of fish on board fishing vessels;
(b) handling of fish during and after landing; (c) the establishments in which processing can take place such as the safety of the water which comes into contact with food or used in the manufacture of ice; condition and cleanliness of food contact surfaces including utensils, gloves and outer garments; prevention of cross-contamination from unsanitary objects to food, food packaging material and other food contact surfaces; maintenance of hand washing, hand sanitising and toilet facilities; protection of food, food packaging material, and food contact surfaces from adulteration with lubricants, fuel, pesticides, cleaning compounds; control of employee health conditions; exclusions of pests from the food plant; (d) handling, packaging, preparing, processing, freezing, defrosting or storing in processing establishments; (e) identification marks; (f) storage and transportation. (3) In setting down the standards to be applied the Minister shall take into account the General Principles of Food Hygiene and HACCP in the Codex Alimentarius.
The Regulation conists of 8 parts: (1) PRELIMINARY, (2) CONSERVATION Fisheries Management AND MANAGEMENT, (3) SPECIAL MANAGEMENT AREAS, (4) RESTRICTED FISHING METHODS, (5) SPECIES CONSERVATION AND (Conservation) Regulations 2008 MANAGEMENT, (6) FISH FENCES, (7) FISH AGGREGATION DEVICES, Arrangement of Regulations (8) MISCELLANEOUS and Schedules
The Act consists of 250 sections and is divided into 15 parts: (1) Preliminary, (2) Administration (including appointment of authorised officers), (3) Public Health Orders, (4) Food (Division 1: General Provisions incluidng premises Public Health Act 2008 and their registration, unsanitary food, Collection and analysis of food Samples etc; Division 2: Food Premises, Division 3: Food Hygiene, Division Date of teh text: 2008 4: Slaughterhouses and Slaughterers; ( 5) Water Supply Control, (6) Sanitary Facilities, (7) Nuisance, (8) Pollution, (9) Travellers and Conveyances Consolidated: I June 2009 (including Quarantine and powers of authorised Officers; (10) Notifiable Conditions (11) Public Helalth Emergencies, (12) Health and safety at work, (13) Monitoring and Enforcement (14) Cemeteries (15) Miscellaneous Provisions
179 The Act is considering the establishment of a National Food Authority hereby iplementing the policy of the Government of Tonga to place all food control and quality assurance responsibilities under the aegis of a single regulatory agency (agreed dring the National Expert Consultation on an Integrated Food Control and Quality Assurance System for Tonga held in Nuku‘alofa from 15- 19 March, 2004) and approved by Cabinet.10 The draft Food Act proposes the establishment of a National Food Authority as a single regulatory agency to consolidate all responsibility for protecting consumers and ensuring food safety. The draft food act consits of 9 parts: (I) PRELIMINARY, (II) ADMINISTRATION (Establishment of National Food Authority, Functions, budget, Establishment of National Food Council, (III) GENERAL PROVISIONS (Authority‘s powers including emergency powers, Food businesses, Traceability, Hygiene Rules, Labelling; (IV) INSPECTIONS (Objects of inspections, Powers of authorized officers, Rights and duties Draft Food Act of 2011 FBO, food unfit for consumptio); (V) IMPORT AND EXPORT, e.g. Inspection and sampling, export of food; (VI) OFFENCES AND PENALTIES; (VII) MISCELLANEOUS. Act to regulate the manufacture, sale, import and export of food, to Provision is made in the draft Act for the Minister to appoint or designate guarantee food safety and fitness for authorized officers for purposes of enforcement of the law. It is envisaged human consumption, to promote fair that authorized officers will be appointed or designated from the existing trade practices in food and to provide Ministries, Departments and Agencies who, in the exercise of food control for related matters functions, will be responsible to the Authority. With respect to imported food for instance, customs and quarantine officers may be designated as authorized officers since they already exercise similar functions at the various points of entry.
The draft Act outlines the powers and functions of authorized officers in relation to inspection of food and food businesses.
The draft Act repeals parts III (A), (B), (C), and (D) of the Public Health Act, 1992 (Act No. 29 of 1992) and certain regulations continued in force thereunder. The Act however continues in force several other identified pieces of legislation that in one way or the other address the cultivation, production, manufacture, import, export, distribution and sale of food. In the event of any conflict or inconsistency between the provisions of the draft Act and those of any existing legislation, the former shall prevail.
The draft food standards code 2006 consits of 4 parts, such as (I) PRELIMINARY; (II) GENERAL PROVISIONS, 2.1 LICENSING OF FOOD Food Act 2006 (Section 44), BUSINESSES, 2.2 IMPORT AND EXPORT OF FOOD (Certification of Food for Export, Offences and Penalties ..), 2.3 EMERGENCY POWERS AND The Draft Food Standards Code RECALL PROCEDURES; 2.4 ADMINISTRATIVE SANCTIONS AND 2006 APPEALS, (III) GENERAL FOOD STANDARDS, 3.1 FOOD HYGIENE ( Good AP, Good Hygienic Practices, Design and Construction of Food
Premises, Equipment, Utensils and Food Contact Surfaces, Establishment Sanitary Requirements and Prohibitions, Personal Hygiene Requirements for Food Handlers, Transportation of Food Offences and Penalties); 3.2 LABELLING OF FOOD; (IV) FOOD PRODUCT STANDARDS, SCHEDULES FORMS e.g. for application for Licence to operate a Food Business, Licence
10 See Cabinet Secretary‘s Memorandum No. 1484 dated 15th November, 2004.
180 to operate a Food Business, Application for Certification of Food for Export, Certificate of Fitness for Export, Improvement Notice) SECOND SCHEDULE – FEES, THIRD SCHEDULE Procedure for Collection of Samples for Testing and Analysis, Class Titles for Food Additives
Repeals and Savings The following enactments and regulations are hereby repealed: Part 4 (Division 1) of the Public Health Act, 2008; Part 4 (Division2) of the Public Health Act, 2008; Part 4 (Division3) of the Public Health Act, 2008; Part 4 (Division 4) of the Public Health Act, 2008; The Public Health (Bakeries and Bread Vendors) Regulations, 1940; The Public Health (Meat) Regulations, 1967; The Public Health (Restaurant and Food Stores) Regulations, 1940.
The provisions of the following enactments shall continue to apply for purposes of regulating the cultivation, production, manufacture, import, export, distribution and sale of food
(a) Agricultural Commodities Export Act, 2002 (Act No. 5 of 2002); (b) Animal Diseases Act, 1978 (Cap. 146); (c) Animal Diseases (Amendment) Act, 2002 (Act No. 10 of 2002); (d) Business Licences Act, 2002 (Act No. 23 of 2002); (e) Consumer Protection Act, 2000 (Act No. 15 of 2000); (f) Fisheries Management Act, 2002 (Act No. 26 of 2002); (g) Pesticides Act, 2002 (Cap. 129); (h) Plant Quarantine Act, 1981 (Act No. 24 of 1981); Plant Quarantine (Amendment) Act, 1995 (Act No. 10 of 1995
Animal Diseases Act. This Act prescribes measures relative to the prevention of introduction and An Act to provide for the control of spreading in Tonga of diseases and pests affecting animals. ―Animals‖ animal diseases includes birds, fish and wild animals. The Act prescribes rules of quarantine and other import restrictions for animals and animal products including meat Date of the text: 28 September 1979 and fodder. The import restrictions also concern harmful animals or alien Consolidated: 31 December 1988 species of animals. The Act shall apply to diseases listed in the Second and Third Schedule. The Act makes provision for certain measures to control such diseases such as declaration of disease control places, destruction of diseased animals and inspections. The Act defines offences and prescribes Amended by: Animal Diseases penalties for such offences. (Amendment) Act 2002 (No. 10 of Descriptors (Livestock): animal health; pests/diseases; quarantine; 2002), 22 July 2002 slaughtering; animal feed/feedstuffs; inspection; offences/penalties Descriptors (Food): meat; international trade Descriptors (Wild species & ecosystems): alien species; dangerous animal/harmful animal
Section 3 contains a detailed definition of pesticide. The Director of Pesticides Act 2002 (Act No. 7 of Agriculture and Forestry shall act as Registrar of Pesticides (sect. 4). Powers 2002). of Registrar are set out in section 6. The Registrar shall issue pesticide An Act to regulate the registration, licences under this Act for the manufacture, import, distribution or sale of any manufacture, import, sale, storage, pesticide and issue permits under this Act for buying, obtaining or using any distribution, use and disposal of pesticide. A Pesticides Registration Committee is constituted under section 7. pesticides in Tonga. The Committee shall have advisory functions, shall assess and evaluate every application for registration of a pesticide, determine the conditions of Date of the text: 29 October 2002 use of any pesticide and recommend such conditions to the Registrar, issue guidelines for the storage, distribution, use and disposal of pesticides and
181 Consolidated: 31 December 2005 promote the efficient, safe use, storage and disposal of pesticides (sect. 8). Sections 9 to 11 concern registration of pesticides. The Registrar may ban pesticides from being imported, sold distributed, used or possessed in Tonga. Manufacture, importation, distribution or sale of a pesticide requires a The Pesticides Act (Cap. 129) is pesticide licence to be obtained from the Registrar. The Registrar may, with repealed the advice of the Committee, issue a restricted use permit for a fixed period and subject to specified conditions (sect. 15) and may issue and experimental use permit under section 16. Section 17 concerns marking of pesticides containers. No person shall harvest any plant, or crop, or slaughter any animal that has more than the prescribed maximum residue limit (sect. 18). Remaining sections of the Act provide, among other things, for disposal or destruction of pesticides (sect. 19), pesticide inspectors (sects. 20 and 21), duties of employers (sect. 22). Offences and penalties (sect. 24), and regulation making powers of the Minister (sect. 26). Descriptors (Cultivated plants): pesticides; registration; international trade; internal trade; offences/penalties
This Act makes provision with respect to measures for the inspection, Quarantine Act quarantine and treatment of vessels, persons, goods and things for purposes of prevention of the introduction or spreading of diseases or pests affecting Date of the text: 15 April 1928 human beings. The Prime Minister may make Regulations prescribing all matters which by Consolidated version of 1988 of this Act are required or permitted to be prescribed including prescribing the Chapter 77 as at 31 December 2005 precautions in respect to any kind of animals or insects liable to convey and amended last by Act No. 46 of disease. The Act also provides for disinfecting and other treatment of vessels 1988 and imported goods. Descriptors (Livestock): quarantine; international trade; pests/diseases
Each Town Officer shall form a committee by popular vote for the purpose of assisting the village water scheme and to carry out all the necessary work to provide water, particularly for the functions and activities in relation to the health of the people of the village and the village schools (reg. 2). They shall Water Supply Regulations provide voluntary labour and all assistance possible to help in the provisions Date of the text: 196 of water and sanitation for the village, raise money for water works, and follow instructions of the staff of the Schools Sanitation and Water Project. Consolidated: 21 December 2005 The amount of money required to be paid monthly by each village water consumer shall be calculated by the village committee (reg. 6). All persons
living in any village in the Kingdom shall be bound by the By-laws set out in Implements: Public Health Act, 1988 the Schedule to these Regulations in respect of the water works of their own village. The By-laws make provision in respect of the election and functions Comments: Consolidated version of and powers of the Village Water Superintendent, construction of waterworks, 1988 of G.S. 47/63 as amended by supply of water, inspection by the Director of Health and compliance with G.S. 31/84 at 31 December 2005. instructions of the Director, contaminating water supply and wasting of water, water rates, unauthorized use of water, cross-connections and backflow protection, conservation measures and interruption of water supply, Government control in case of failure to operate water supply satisfactorily, efficiency of waterworks, record keeping, etc. Descriptors (Water): water supply; institution; waterworks; water charges; freshwater resources management
Consumer Protection Act. This Act makes provision for the control to and provides rules relative to the An Act to make provision for the supply of goods and services to consumers for purposes of protection of
182 protection of the consumer and for consumers. the establishment of fair trade For purposes of protection of consumers a Consumer Affairs Division is practices and for other matters established. The Minister may by Notice in the Gazette appoint any officer as connected therewith or incidental an investigator for the purposes of this Act. The Minister may also approve thereto standards for goods and services with respect to various characteristics of Date of the text: 7 November 2000 such goods and services including the performance, composition, contents, manufacture, processing, design, construction, finish or packaging of the Consolidated: 31 December 2005 goods and the minimum quality or grade. The Act prohibits the manufacture, supply or sale of any goods or services that is not complying with an approved standard and the Director of the Consumer Affairs Division may inquire into complaints regarding goods or services that do not comply with a standard. The Act makes provision for measures of enforcement that may be adopted against producers that do not comply with provisions of this Act. ―Services‖ includes the supply of electricity or water. Descriptors (Food): food quality control/food safety; fraud/deceit/adulteration Descriptors (Water): water supply
Shipping Act. An Act relating to shipping and navigation.
Date of the text: 28 February 1973
Consolidated: 1988
This Act makes provision with respect to registration of ships in Tonga; Implemented by: provides rules for navigation by ships registered in Tonga and any ship in Tongan waters and for matters related to navigation; and provides for the Shipping (International Ship and Port appointment of the Minister of Marine and Director of Marine. Facility Security) Regulations 2004. The Act shall not apply, in principal, to a fishing vessel but the Minister may make Regulations for matters specified in this Act that apply also to fishing Shipping (Registration) Regulations vessels including the registration of small ships. "Fishing vessel" does not 2002. include: (a) a vessel engaged in transporting or harvesting algae or aquatic plants; or (b) a vessel used solely to transport, store or process fish or other living resources of the sea. Every ship in respect of which an application for Amended by: registration is made, shall before registry be marked in accordance with this Act. The Director of Marine shall be the registrar of ships. Shipping (Amendment) Act 2001 (No. 23 Descriptors (Fisheries): fishing vessel; fishing vessel marking; registration of 2001), 11 July 2001 Descriptors (Sea): navigation; institution Shipping (Amendment) Act 2002 (No. 38 of 2002), 17 March 2002
Shipping (Amendment) Act 1999 (No. 20 of 1999), 03 November 1999
Shipping (Amendment) Act 2003 (No. 11 of 2003), 11 September 2003
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