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Vessel performing illegal fishing activities. (Photo: US Coast Guard)(Photo Credit: U.S. Coast Guard)
Congress should take a firm step against illegal fishing, says MarViva
(COLOMBIA, 10/26/2015)
In recent years the Colombian government, together with NGOs, have expressed concern over illegal fishing but much remains to be done, says Fundacion MarViva.
Laura Jaramillo, coordinator of Political Incidence of this non-governmental organization, working in Colombia, Costa Rica and Panama for the conservation of marine and coastal resources, argues that to understand the vulnerability and risk of fishery resources of Colombia, it is necessary to go back to 1991.
That year marks the time when the law governing fishing activity was devised, which does not include illegal fishing as an activity but it only prohibits certain behaviors and fishing gear without taking efficient measures against this undesirable practice.
Illegal fishing and its impact on the sustainability has posed concern to the international community for several decades.
In fact, the United Nations Food and Agriculture Organization (FAO) in 2001 developed an International Action Plan to prevent, deter and eliminate illegal, unreported and unregulated fishing, which should be implemented by countries in their national level.
In Colombia, particularly, the existence of loopholes and being "with their hands tied to punish violations" have become obstacles to progress in this area, Jaramillo points out.
However, she acknowledges that progress has been made:
"In the National Board of Illegal and Illicit Fishing Activities (MNPII), a public-private alliance was generated to work together on a bill to combat illegal fishing. The result is 117 project from 2015 to prevent, deter and eliminate illegal fishing and the crime of illegal fishing activity in Colombia. This is the right step.
"First, the bill creates a definition, based on the international doctrine of illegal fishing: any fishing activity that violates Colombian law and the commitments made by the state without exception.
"Secondly, the project generates a special procedure for cases where illegal fishermen are caught committing a crime. The process is shortened to avoid unnecessary wear to the administration, always in strict compliance with the right to due process and in defense of the subject.
"So when the competent authorities are aware of the fact directly, it is not necessary to begin a general process, but they will be sure to solve all within a single hearing. The offender will have the opportunity to avoid attending the legal process and will be free from liability in another country.
"As a third point, a change arises around the term of 36 hours, which exists to put the offending crew before a judge controlling guarantees. The new law will make this deadline to be counted since reaching the port.
"This represents a breakthrough in this area, as our marine space is large and the offenses are committed at very far distances from the coast, so the process of maritime interdiction can be longer than 36 hours. If the term is not changed, violators will be free, without assuming any criminal punishment for their crimes against the resources and violation of borders.
"Finally, the bill extends the time of the penalty of imprisonment and increases payment to the State for the offense, which is enshrined in the Criminal Code for illegal fishing activity. The purpose: it must not become a sanction intended to avoid going to prison.
"The authorities want to completely deter poachers, who come from other countries to illegally catch our fisheries thinking that they will go unpunished."
According to the coordinator of Political Incidence of Fundancion MarViva, if Colombia manages to have an exemplary sentence in its management system, it will be possible to discourage criminals from coming to our marine territory.
The above outlines some remarkable tools that will offer Bill 177 of 2015, whose process has just begun in the Congress.
"Now, the members of Congress are those who must take a firm step to fight – now with weapons -- against illegal fishing," concludes Jaramillo.
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