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Ministry of Fisheries and Marine Resources MINISTRY OF FISHERIES AND MARINE RESOURCES Department of Fisheries of Sierra Leone REPORT ON THE NATIONAL WORKSHOP ON THE PROCESS OF REVISION OF THE CONVENTION ON THE MINIMAL CONDITIONS OF ACCESS AND EXPLOITATION OF THE MARINE RESOURCES IN WEST AFRICA HELD AT CONFERENCE ROOM OF THE MINISTRY OF FISHERIES AND MARINE RESOURCES, FREETOWN, SIERRA LEONE FROM THE 2-3 SEPTEMBER, 2009. I-OPENING CEREMONY In the opening ceremony, the chairman, Mr. Mohamed Faoud Sheriff who is also the Director of Fisheries of Sierra Leone, welcomed participants and reminded members about the importance of the meeting. He recalled the meeting held in Dakar, Senegal and said in that meeting consensus was reached on certain points and there were issues at variance at the Dakar workshop which are expected to be solved by this meeting in Freetown. He then invited the representative of the permanent secretary of the Ministry of Fisheries and Marine Resources, who was unavoidable absent to make a few remarks. In her statement, Mrs. Rugiatu Kamara, the Deputy Secretary in the Ministry of Fisheries and Marine Resources, welcomed warmly all the participants to the workshop and pointed out that the fisheries sub-sector is an important aspects of the economy of Sierra Leone as it provides much needed foreign exchange for government, employment for the citizens and highly cherished protein. She urged participants to examine the issues and make recommendations for the fisheries sectors that will benefit member states in the Sub-regional Fisheries Commission. In his contribution the chairman of the Parliamentary oversight committee on Fisheries, Honourable Yapo Conteh, expressed his thanks for inviting members of the parliamentary sub- committee in the workshop. Four honourable members of parliament attended the meeting indicating the seriousness of the topic under discussion. He reiterated the importance of the fisheries sector in the economies of the member states of the SRFC and urged participants to treat the outstanding issues seriously for the benefit of the region. In his remarks the regional director of WWF, Dr. Papa Samba Diouf expressed thanks for inviting him to the workshop and assured participants that WWF will continue to support the SRFC. He hoped that the outcome of this meeting will be useful for the region. In her keynote address, the Honourable Minister of Fisheries and Marine Resources, Haja Afsatu Kabba, welcomed all participants to the meeting and expressed her deep appreciation for hosting this very important meeting in Sierra Leone. She reminded participants about the importance fisheries play in the economies of the region and therefore urged participants to adopt frank discussions in an effort to solve the problems outlined in the working document. She also hoped that participants visiting Sierra Leone for the first time will have time to enjoy the view of our beaches and mountains around the Freetown peninsular. The speech of the Minster is attached as Annex 1. II- ORGANIZATION OF THE SESSIONS A representative of the sub-regional Fisheries Commission (SRFC), Madam Khady Diouf gave a brief presentation on the convention and the organisational structure and functions of the SRFC. This was followed by a film entitled Stolen Fish on Illegal Unregulated and Unreported, IUU fishing activities in Sierra Leone, Guinea and Senegal. The film prompted reactions from participants representing fishing communities of Bonthe, Southern Sierra Leone, Tombo in the western Area peninsular and Conakrydee, a fishing community in the Northern Province by confirming that what was shown in the movie were also happening in their fishing communities. They vehemently expressed the illegal activities done by industrial trawlers which include among others, finishing in the IEZ thus destroying nets of fishermen in the artisanal sector, covering of call signs and other markings to prevent accurate identification of the culprit vessels. Such activities have negative economic impacts on fishing communities. A background to the workshop was presented by Mr. Ibrahim Turay. Beginning with the workshop held at Dakar where two major issues emerged at the end of that workshop: 1. Consensus point for which the workshop reached an agreement and 2. Points of disagreement or issue at variance, and pointed out that this Sierra Leone workshop was to resolve the issues at variance that emerged during the Dakar workshop. He quickly ran through consensus points and the issues at variance for the benefit of participants. A presentation on the point on which there was consensus by all seven countries was done by Mr. T.D. K. Taylor. After that participants were divided into two working groups to discuss and make recommendations concerning issues at variance with respect to; a) Artisanal fisheries and b) Industrial fisheries Mr. A.B. Kamara was selected as repertoire for the meeting and assisted by Mr. Josephus Mamie. III-WORKING GROUPS Following discussions of the two groups i.e. the Industrial and artisanal groups, each group came up with recommendations which are attached in Annex 2 (Industrial fisheries recommendations) and Annex 3 (Artisanal Fisheries Recommendations) to solve the issues at variance identified at the Dakar workshop. Participants were drawn from the Ministry of Fisheries and Marine Resources, MFMR, fishermen Unions, the University of Sierra Leone, local council authorities, the law office department, SRFC, WWF, the Maritime Wing of the Sierra Leone Armed Forces, 3.1 Provisions of a general nature Recommendations: 1. Drafting of a new text or amendment of an existing text The first question to be answered is whether it would be preferable to amend the existing text or to draw up a new convention. Dakar Workshop: A reminder was given that, on a legal level, an amendment is a partial modification of a text whereas a revision is the examination of a whole text leading to the replacement of the existing text by a new text. While it was recognised that in its current form the MCA should be considerably modified, no consensus was reached on the approach to be adopted. National workshops: Agree to revise or amend the convention Recommendation: The work group agrees that some good job has already been done on the document2. Scope and of thetherefore convention recommends an amendment of the convention 1 - In its current form, the 1993 Convention deals with the minimal conditions for access and the exploitation of fishing resources in the sub region. It would be appropriate to determine whether the field of application of the Convention must remain the same or if it should be extended to include measures that are the prerogative of the Port State (to integrate certain measures from the Agreement on Port State measures currently under negotiation), trade and/or health inspections. Dakar Workshop: After debating the meaning of the term “exploitation”, the participants agreed on the fact that this concept does not encompass the measures of conservation and management and consequently that such measures should not appear in the MCA. On the other hand, such measures could be specified in additional protocols. National workshops: Suggest a Convention on regional cooperation defining the major principles and that it is possible to specify by adding protocols (management measures, technical measures, management of shared stocks, etc). It is necessary to define minimal conditions for access and exploitation applicable to all the countries in the subregion, to ensure consistency and avoid having conditions that are “too” favourable in one of the SRFC member countries, and also to refer in the preamble to the new fishing management practices: ecosystem-based approach and precautionary approach. Suggest and discuss the management measures, technical measures and stocks to be included in the Convention protocols such as: Technical specifications of fishing gear The 1993 Convention comprises an Appendix II which contains the definition of the minimal dimensions authorised for the mesh of nets and the trawl nets of industrial fishing vessels. Thought should be given to whether this approach should be repeated within the framework of the Convention and decide whether it is advisable to extend this provision to other measures aimed at, for example, establishing a sub regional list of prohibited fishing gear and methods (shore seine, fishing using explosives, toxic substances or bait) and to define the technical specifications of certain types of fishing gear (the most commonly used gear). Plans for the management and development of fisheries In virtue of their international obligations, the coastal States have the duty to take the necessary conservation and management measures to ensure the sustainable exploitation of the fishing resources located in the waters placed under their jurisdiction. To this end, the competent authorities of these States are often in charge of drawing up and implementing fisheries development and management plans. It will also be necessary to broach the subject of including the ecosystem-based approach in the management measures. Management plans for shared stocks .On this subject, the problem of regional cooperation for management of shared stocks could be broached and the following subjects discussed: principle of the compatibility of the conservation and management measures taken by States sharing a stock, shared management mechanisms and identification of priority stocks. Management of fishing capacities The observation is that many fishing resources are considered
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