Image: HRAS / FIS

South Atlantic Fisheries Enforcement with the Falkland Islands Maritime Authority

FALKLAND ISLANDS
Friday, May 05, 2023, 07:00 (GMT + 9)

The following is an excerpt from an article published by Human Rights at Sea:

Without effective enforcement at sea, impunity and associated unlawful activities in the waters around the Falkland Islands threaten not just wider ocean conservation but the responsible management and value of the natural resources.

Photo: FIMA

Over the past weeks, Human Rights at Sea (HRAS) has been in the Falkland Islands speaking with, and listening to, fisheries stakeholders to gauge the ongoing efforts being made to assure both environmental sustainability and improvement predominantly of onboard conditions for foreign-flagged fishing crews.

The Falkland Islands Government (FIG), through the Department of Natural Resources working alongside industry and with the operational actions of the Falkland Islands Maritime Authority (FIMA) under the Department for Emergency Services and Islands Security, is targeting and improving non-compliant vessels and their onboard crew living and working conditions.

The Government’s fisheries focus is around consistently improving commercial fishing activities in the surrounding South Atlantic waters through not just upholding existing international standards but driving demonstrable behavioural change of both current and future licensed operators.

This coastal state approach is strongly welcomed by civil society.

Legal compliance of the coastal state is intimately entwined with associated deterrent effect thereby combating unlawful activities and upholding of the rule of law at sea. In short, such compliance and enforcement, de facto, upholds human rights protections at sea.

Photo: FIMA

Working closely together with the Director of Natural Resources, Andrea Clausen and her fisheries team, FIMA has operational responsibility to discharge the Falklands Islands’ Flag, Coastal and Port State obligations and enforce Falkland Islands maritime legislation.

Operational Challenges

Annually, over 100 squid jigger licenses are issued with 106 issued in 2023. There are, however, the potential of around 120 vessels applying. In addition, there are 18 Falkland Islands flagged and 13-15 Spanish flagged trawlers operating in the Falklands waters.

<--Before and after improvements. Photos: FIMA

Since the start of the last fishing season in early January 2022 over 22 vessels have been inspected across the jigger, trawler, reefer and tanker fleets.

In 2022, three squid jiggers comprising two Taiwanese and one Vanuatu flagged vessels were detained for multiple transgressions including: not being in possession of an International Fishing Vessel Certificate (IFVC), not having an approved stability book, poor watertight integrity, poor fire suppression systems and fire protection issues, poor engine room systems, limited safety equipment, poor general vessel hygiene and cleanliness, unsafe electrical installations, lack of bunk-lights and lack of fresh water for crew washing and their personal hygiene.

In 2023, one Panamanian flagged ­­­reefer was detained for insufficient sleeping rooms for the number of persons carried, and lack of valid seafarer employment agreements for stevedores.

Enforcement and Improvement Measures

FIMA enforcement measures taken in terms of the specific rectifications required have been varied.

For the Jiggers, the vessels were detained for between 3 - 7 days while remedial works were undertaken.

In addition, improvement noticeEthan Genters were issued to jiggers for improvements required prior to 2023 licencing. This was reinforced with presentations given to all jigger operators at close of 2022 season to highlight issues and expectations for 2023 season. Backed with a FIG visit to Taiwan and Korea to meet with flag states, classification societies, ministries and vessel owners and operators to discuss issues and highlight Falklands requirements moving forward, this proactive approach is delivering results.

In terms of the reefer vessel, the vessel was formally detained until the onboard additional persons deemed to be more than the necessary ship’s compliment could be transferred to other vessels. Dialogue was established with vessel operator, flag state and embassy of the nationals concerned. [Continues...]

Author: Human Rights at Sea | Read the full article by clicking the link here (only available in English)

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