GEF SAP II PROJECT:
NATIONAL PROJECT PREPARATION REPORTS
Cook Islands

Foreword
This brief report was prepared by Les Clark and Colin Brown during a visit to Rarotonga
from 30 June to 2 July 2004. It aims to assemble information relating to Cook Islands
necessary for the preparation of the GEF SAP II Project.
The main aims of the report are:
· To make an assessment of the implications of the WCPF Convention for Cook
Islands
· To identify possible interventions to support implementation by Cook Islands of the
WCPF Convention
· To make an analysis of the incremental costs to Cook Islands of activities related to
the Convention
· To undertake an analysis of stakeholders in Cook Islands with interests in the regional
oceanic fisheries resources
· To identify relevant consultative mechanisms in Cook Islands for the GEF SAP II
Project
· To collect information relating to available indicators of performance in areas related
to the WCPF Convention and to the financial sustainability of Cook Islands'
participation in the Commission and implementation of the WCPF Convention
The report is based on available published information and information provided in the
consultations with stakeholders listed in Annex 3.
1.
Background
1.1
Status of Oceanic Fisheries
The Cook Islands EEZ measures 1.8 sq km and borders with French Polynesia to the east,
Kiribati in the north and Tokelau, American Samoa and Niue to the west with high seas areas
to the north and south. From 1980 to the mid-90s, large scale tuna fishing was conducted by
Taiwan and Korean longline vessels through access arrangements. Since 2000 however, a
domestic catching and processing capability has evolved.
The Cook Islands commercial oceanic longline fisheries fleet currently numbers 44 licensed
vessels ranging in size from 12 meters to 33 meters. The investment in the industry has been
sudden and unprecedented. In 2001, only three domestic vessels were operating and this
increased to 19 in 2002.
Given the number of vessels licensed, the level of catch has been low due in part to
oceanographic conditions that also impacted on the tuna fisheries in Fiji, Tonga and Samoa.
In 2002 the catch totalled 1000 tonnes and in 2003 this increased to 2,300 tonnes. The low
catch rates from October 2003 to May 2004 led to a number of vessels leaving the fishery and
currently 29 vessels remain active in the zone. Recently however, catch rates have improved
and it is anticipated that additional longline vessels will enter the fishery and will provide fish
for processing in Rarotonga.
Within the Cook Islands zone, two fisheries are exploited: in the Northern Group 11
longliners operate targeting albacore for canning and in the Southern Group vessels are
geared for the fresh-fish market. The albacore longliners unload in PagoPago while the fresh
fish vessels unload in Rarotonga where the fish is either airfreighted to Japan and the U.S.

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mainland, or sold locally. Albacore makes up 70% of total catch for vessels operating in the
northern fishery and 55% of the fresh fish vessels operating in the southern zone.
In addition to fishing capacity, major investment has gone into pack-house operations. There
are currently six pack-house permits issued, three of which are for relatively large operations.
One of these operations has recently entered into a partnership with a China based company
with a view to air freighting fish to China.
Inshore fishing remains an important part of economic life for the Outer Islands for
subsistence and income supplementation purposes. Small boat operators remain active on
Rarotonga but the local market including hotels and restaurants are supplied largely from the
pack houses. FADs are well established on Rarotonga and Aitutaki as well as some of the
Outer Islands. Small boat operators have, on occasion, had fish exported for the fresh fish
market.
A small sports fishery targeting billfish, operates on Rarotonga and Aitutaki catering for the
tourist trade.
1.2
Oceanic Fisheries Management
The major objective of the Government is to:
· Promote a sustainable and regionally compatible fisheries management regime for the
local Offshore Fisheries industry including monitoring, control and surveillance of the
EEZ.
In order to achieve this, the Ministry intends to establish a rights based management regime
and has a Draft Act and Tuna Management Plan under consideration by the Government.
These instruments incorporate provisions set out in the Code of Conduct, Compliance
agreement and the WCPF Convention.
In the interim, management remains vessel based although a limited number of rights holders
have been identified. Currently 22 rights holders have been identified and 44 vessel licenses
issued.
Other key features include:
· exclusion of larger scale commercial vessels from areas within 12 miles around islands
· High seas fishing permits issued to six vessels operating in the high seas: 3 factory
trawlers in the Indian Ocean and 3 albacore troll vessels in the Northern Pacific
1.3
Oceanic Fisheries Institutional Arrangements
The Ministry of Marine Resources is the primary agency responsible for oceanic fisheries
management. Surface patrols are conducted by the Maritime Division of the Police
Department which operates the Patrol Boat .
The Ministry has a staff of 44, and an annual operating budget of NZ$1.05million allocated
across five divisions: International/Legal, Aquaculture and Inshore Fisheries, Offshore
Fisheries, Extension Services and Corporate Services. Responsibilities for oceanic fisheries
include:
· Offshore Fisheries Division: responsible for licensing, compliance, monitoring and
offshore fisheries data management:
· International/Legal: responsible for legal and policy advice and supporting participation
in national, regional and international fisheries initiatives;
· The office of the Secretary, which provides overall management input.
Overall, oceanic fisheries is a secondary focus of the Ministry which puts more resources to
supporting Inshore Fisheries activity including the important black pearl industry. This
situation is expected to change however, since it is apparent that to adequately support the

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developing domestic offshore fishing industry and to comply with the WCPF Convention,
management capacity will need to be enhanced.
To go some towards achieving this, MMR has established capacity building projects funded
by NZAid aimed at strengthening the Ministries management, law, compliance and data
analysis capabilities.
The other agency of Government with a significant involvement in offshore fisheries
management is the Maritime Division of the Police Department which operates the Patrol
Boat "Te Kukupa".
Consultation with stakeholders is currently undertaken on an ad hoc basis and usually
involves members of the Rarotonga Fishermen's Association, pack-house operators and
license holders.
Under the draft Marine Resources Act, a Fisheries Management Advisory Committee will be
established, with provision for management committees for individual fisheries to be
established in fishery plans. The draft Tuna Management Plan provides for the establishment
of a Tuna Management Committee.
1.4
Donor Involvement
A major institutional strengthening project funded by NZAid, is currently being scoped. The
project is anticipated to include the following elements: a review of MMR's objectives, goals
and mission statement; a review of the organisation structure to reflect any changes to current
objectives etc; a HR plan to suit any new structure (together with a TNA and HR
development plan ­ this would also include training for senior and middle managers); a
review of financial management and asset management systems; a review of current
legislation; a review of policy analysis and monitoring; a review of operational policies and
procedures; a review of procurement and contract procedures.
1.5
Other Oceanic Fisheries Management Issues
Other oceanic fisheries management issues which arose in the mission to Cook Islands
include:
· A requirement for fisheries management technical assistance, particularly given the
entering into force of the WCPF Convention and the transition of the tuna industry
towards rights based management.
· High seas surface patrols particularly along the Northern boundaries would prove
beneficial to Cook Islands since longline vessels are known to operate in those areas.
· Delimitation of maritime zones; Cook Islands has delineated boundaries with French
Polynesia and Tokelau but will require to settle boundary claims with Niue, Kiribati and
American Samoa. Indeed, high seas boundaries will also need to be confirmed and
coordinates deposited with the UN, for management purposes
2.
Cook Islands and the WCPF Convention
2.1
Overview
With a tuna industry based on longlining, Cook Islands' primary aims in the MHLC and Prep
Con process have been:
i)
to ensure the application of measures to ensure the sustainability of the region's tuna
stocks and fisheries. Key elements of this for Cook Islands have been:
· implementing controls on the impact of purse seine fishing on juvenile bigeye
and yellowfin because of the effects this could have on catches by Cook Islands'
longline fleet; and

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· ensuring the long term sustainability of the longline fishery targeting albacore,
but with important catches of bigeye and yellowfin
ii)
to ensure that Cook Islands secures at least a fair share of access to the region's tuna
resources
As a Member of the Commission and a Party to the WCPF Convention, four major short
term areas of implications for Cook Islands are seen as follows:
i)
legal reforms, which are in draft form awaiting Cabinet approval;
ii)
strengthened arrangements for management of fishing by the Cook Islands' fleet,
particularly enhanced monitoring and control efforts to address IUU fishing;
iii)
the introduction of new arrangements for management of Cook Islands vessels
outside Cook Islands' waters, including the high seas and the waters of other States;
and
iv)
participation in the processes related to the Commission, including involvement of
non-government organisations.
Cook Islands is making substantial progress towards developing the capacity to implement
decisions adopted by the Commission, but in the short term, will need to continue to
strengthen its fisheries management capacity.
2.2
Implications of the Convention
2.2.1
Legal
The draft Marine Resources Act is currently under consideration by Cabinet. It includes all
necessary powers for implementation of the UN Fish stocks Agreement and the WCPF
Convention. Developing regulations and implementing the draft Tuna Management Plan, will
require additional legal assistance.
The Environment Act governs environmental activities and the Environment Services is
currently developing a GEF funded project towards the establishment of a whale sanctuary in
Cook Islands.
The table below summarises the status of Cook Island's adoption of relevant international
legal instruments and declarations.
Instrument
Status
WCPF Convention
Ratified
UN Convention on the Law of the Sea
Ratified
UN Fish Stocks Agreement
Ratified
FAO Code of Conduct
Principles included in draft legislation and draft
Tuna Management Plan
WSSD fisheries targets
Not formally adopted
Convention on Biological Diversity
Ratified
FAO Compliance Agreement
Accepted
FAO International Plans of Action
Not implemented
FFA Minimum Terms & Conditions
Implemented
Driftnet Convention
Ratified

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Cook Islands has recognised the importance of legal issues by establishing an International
Legal Division, but will need some external assistance for major technical initiatives.
Assistance in the revision of the Marine Resources Act was provided by FFA.
Recent experience has shown a need to build understanding among offices such as Crown
Law and Police in order to take account at the local level of the global significance of moves
against IUU fishing, including capacity building in the area of prosecution.
The Cook Islands Registrar of Ships CIRS) maintains a register of vessels primarily to ensure
minimum safety standards are met. All fishing vessels over 10 meters that wish to operate in
the Cook Islands are required to be registered with the CIRS.
2.2.2
Policy/Institutional
The Cook Islands fisheries administration is in the initial stages of realigning its offshore
fisheries management policy framework to be consistent with the WCPF convention and
updating it to provide a more effective basis for the development and management of its
growing locally-based industry. A key element is the completion of a draft Tuna
Management Plan as the key instrument of oceanic fisheries policy. On the basis of the Plan,
the Ministry will then need an institutional review to identify the extent to which activities
related to oceanic fisheries management need to be restructured and strengthened, and an
overhaul of its current approach to licensing.
Cook Islands will need substantial external assistance to complete the draft Plan, undertake
the institutional review and implement the Plan and the results of the review. This will
include assistance to strengthen the capacity of the private sector to contribute to the review
of policies and to implementation of the WCPF Convention.
The cost of financial contributions for Cook Islands to the WCPF commission is expected to
be in the range of US$6-10,000 per year once the Commission is fully established.
2.2.3
.Compliance
Compliance activities are carried out by the Off-shore and International/Legal divisions of the
Ministry and the Maritime Division of the Police Department. MMR is responsible for vessel
licensing and the issuing of processing permits. The FFA VMS is housed at the Maritime
Surveillance base and MMR will be establishing a VMS capacity at MMR headquarters
funded through NZAid.
The Maritime Division has a staff compliment of 18 and is responsible for the operation of
the patrol vessel. The vessel is programmed to provide 1100hrs of fisheries patrols each year
and in 2004 has an operating budget of $350,000. Patrols are jointly coordinated by MMR
and the Maritime Division and a Fisheries Officer is taken on patrol.
Over the years these entities have developed a good working relationship with clear lines of
responsibility. Essentially the Maritime Division is responsible for Patrol Boat management.
MMR supplies the Maritime Division with license and fishing activity information and
patrols are planned jointly. A Fisheries Officer is required to participate in any fisheries
patrol.
Aerial surveillance capacity is provided by the Royal New Zealand Airforce and the French
Navy.
Flag StateResponsibilities
A major new responsibility for Cook Islands under the Convention will be the need to
regulate fishing by Cook Islands vessels outside Cook Islands waters. Currently six Cook
Islands vessels fish outside Cook Islands waters, but control over these vessels needs to be
strengthened. All have been issued with permits to operate on the high seas and all are VMS
compliant. The draft Act includes a requirement for vessels to be authorised to fish outside
Cook Islands waters, and this provision will be applied. Cook Islands has also put in place a
progressive regime to cover Cook Islands nationals in control of other flag vessels.

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A national VMS is being established and it is intended that all Cook Islands flagged vessels
will need to be VMS compliant.
2.2.4
Monitoring
Over the last two years Cook Islands Ministry of Marine Resources has conducted its
monitoring programme in accordance with its budget output requirements. Features are:
Logsheets: The level of logsheet coverage of the longline fleet in 2003 was 95% for the
Northern zone and 100% for the Southern zone.

Port sampling: Coverage in 2003 for the Southern zone was 56% but vessels operating in the
Northern zone and which unload in PagoPago were not covered by MMR. The landings in
PagoPago are covered by NMFS port sampling staff and efforts are underway to formalise
cooperation between NMFS and Cook Islands, for the exchange of data.

Observers: 10% coverage has been achieved in the past, although with the increase in vessel
numbers, this level of coverage is unlikely to be achieved in 2004. Ideally, MMR would like
20% coverage and under an arrangement with the Maritime Division, patrol boat crew are
being trained as longline observers so that this coverage target can be achieved.
Overall, MMR will require additional capacity to be able to fulfil expanded monitoring
requirements under the WCPF Convention. The area of data processing is being addressed
through the NZAID funded capacity building project but the lack of observers and port
samplers is a major constraint. In addition, coverage of the albacore longline fleet operating
exclusively in the Northern zone, will need to be addressed.
Scientific Analysis
In order to provide sound scientific support to the tuna industry, the Cook Islands intends to
further strengthen its scientific analysis capability and has developed a data management
project with NZAid funding for this purpose. Three graduates scheduled to return at the end
of 2004 will further boost this capability. Support from the SPC/OFP in this area will
continue to be sought.
A clearer understanding of oceanographic impacts on Cook Islands oceanic fisheries is
essential and the continuing work of SPC in this area is considered important.
In the longer term the Ministry intends to establish a web site for the dissemination of tuna
related information.
.
3.
Potential Contribution of SAP II Project
Potential areas in which the SAP II Project could contribute to assisting Cook Islands in the
implementation of national activities related to the WCPF Convention are summarised in the
table below.
Activity
Incremental Actions
Possible Interventions
Legal


Revise Legal framework
Revise Act and Regs (Act in draft)
Workshop for Cabinet
Support Commission
Provide legal advice
Regional Legal Workshops
participation
Implement Commission
Provide legal advice, change
In-country Prosecution Workshop
decisions
regulations, licences

Technical advice



Policy
Participate in regional
Commission meeting participation
In-country technical assistance for

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policy formulation
Plan & institutional review,
licensing overhaul.
Regional Fisheries Management
Training/Consultations
Attachments
Strengthen private sector capacity
to participate

Additional FFA Meeting

participation
Compliance


Increase IUU deterrence
Improve licensing, vessel register
Regional MCS Working Group
in-zone
Improve effectiveness of patrol,
participation
inspection, investigation, prosecution
In-country Inspection, VMS staff
training
Ensure flag vessel
New authorisation process; inform
Regional Training on flag state
control and compliance
Commission
responsibilities

New national VMS

Surface & air patrols
Niue Treaty agreements

Monitoring


Improve at-sea data
Expand Observers
Ongoing in-country training of
port samplers by SPC and
observers by FFA/SPC
Improve catch
Expand Port sampling

composition data
Provide data to the


Commission


Science
Improve national
Strengthen statistical capacity
Statistical support from SPC
statistical info.
Provide catch/effort
estimates to the
Commission
Improve
understanding Strengthen
national
capacity
to Ongoing support from SPC
of oceanic resources and analyse national data
Training for national scientific
ecosystem
Strengthen
national
capacity
to staff to interpret stock assessments
interpret regional analyses
and oceanographic information
Enhanced
capacity
to
interpret
oceanographic information

Enhance information dissemination
Develop website

ANNEXES
Annex 1
Incremental Cost/Co-financing Analysis (not included)
Annex 2
Stakeholder Inventory and Analysis (including consultative mechanism
inventory)
Annex 3
Record of Stakeholder Consultation
Annex 4
Indicator Availability (not included)
Annex 5
Sustainability Analysis (not included)

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Annex 2 Stakeholder Inventory and Analysis (including consultative mechanism inventory)
Country:

Cook Islands
Date:

2 July, 2004
Data Recorder: Colin Brown, cibn@oyster.net.ck
Description of
Stakeholder analysis and preliminary participation plan
Interests
Representative/
1o s/holder
2o s/holder
Other
Stakeholder
Contact details
post
[factors that may
[role in decision-
[2-way flow of

influence
making]
information]
participation]
[Keep informed]
National
fisheries
X


Ministry of Marine Resources Secretary
Tel: 28721
authority
Ministry of Foreign Affairs
Secretary
Tel: 29347
GEF Focal Point
X


Marine Division, Police
Commander
Tel: 26018
Patrol Boat

X

National
ports

X

Ports Authority
General Manager Tel: 21920
authority
Crown Law
Solicitor General
Tel: 29337
Legal authority

X

Cook Islands Fishermen's

X

President
Tel: 23356
Small boat operators
Association
Fish
Processing
Plant
Fish
X




Operators
Retailers/Exporters
Vessel Operators


Fishers
X


Environment Services
Director
Tel: 21256
Pollution

X

General Public


Socio-economic


X
Inventory of Project-related national consultative mechanisms
Consultative body
Parent/ho
Representative/
Area(s)
Frequency
Members and affiliations
st body
of
of
contact details
interest
meetings
Project
Advisory Fisheries
Tel: 28721
Tuna

To be formalised (MMR, GEF focal
Committee
Division
fishery
point, Industry)

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Annex 3 Record of Stakeholder Consultation

GEF SAP II Country Mission
Cook Islands
1 July, 2004
Government Agencies Consultation
The Mission to the Cook Islands held a consultation with Government Agencies with an interest in
the WCPF Convention. Those present were: Andrew Jones, MMR; Garth Henderson, Maritime
Division - Police; Arama Tera, Maritime Division ­ Police; Mura Moeka'a, Foreign Affairs; Joseph
Brider, Environment Service; Vaitoti Tupa, Director Environment; Teina Tuatai, MMR; Sonny
Tatuava, MMR; Ian Bertram, Secretary MMR; Peter Graham, MMR; Carl Hunter, Foreign Affairs;
Jason Marurai, MMR; Josh Mitchell, MMR; Garth Broadhead, Register of Ships; Janet Maki,
Solicitor General.
Les Clark gave a presentation on the development of the WCPF Convention and outlined the
obligations Cook Islands will be required to fulfil as a party to the Convention. Mr Clark also
discussed some aspects of the draft Marine Resources Act in relation to the Convention.
Stakeholder Consultation
The Mission to Cook Islands held a Stakeholders consultation at the Ministry of Marine
Resources training room. Those present were: Fang Fang Yang, Cook Islands Fish Exporters
Ltd (CIFEL); Sam Haite CIFEL; Tankman Vitaly, Pacific Islands Pacific Line Fishing;
Robert Parkinson, "Golden Rose"; Mary Parkinson, "Golden Rose"; June M Baudinet,
Enuamanu Fishing Ltd; Sylvia Craig, Cook Islands Marine Exports Ltd; JOHN Kenning,
Latin Enterprises Ltd; Bill Carruthers, Latin Enterprises Ltd; Tony Manarangi, Latin
Enterprises Ltd; Greg Gibbs, "Sea Searcher"; Chris Douglas, Blue Pacific Foods Ltd; Nikki
Furley, Blue Pacific Foods Ltd; Ulamila Kura-Mamie, Cook Islands News; Charles Pitt,
Cook Islands Herald; Brent Fisher, President Cook Islands Fishermen's Association; Mike
Carr, Cook Islands Fishing Company Ltd; Matai Price, Lattitude 22 Fisheries Ltd; Navy
Epati Te Maroro Fishing Company; Josh Taio, Taio Marine Services Ltd; Francis Garnier,
Matira South Fishing Ltd; Garth Broadhead, Maritime Cook Islands (Register of Ships);
Tony Short, Cook Islands Development Board; Ian Bertram, Secretary MMR; Sonny
Tatuava MMR; Teina Tuatai MMR; Andrew Jones MMR; Josh Mitchell MMR.

The consultation opened with a presentation by Josh Mitchell on the development of the
domestic tuna industry. Les Clark then presented an overview of the WCPF Convention, the
status of regional tuna stocks and the implications for the Cook Islands of being a party to
the Convention.

Issues arising out of the discussion were:

· Concern that the limited surveillance capacity of the Cook Islands would be unfairly
burdened by having to deal with the illegal activities of vessels from the major
fishing nations.
· The need for the tuna industry to organise itself and to work more closely with MMR
in order to contribute to enhanced tuna management
· That the United States now requires vessels calling in to U.S. ports to have a security
plan in place. Some vessels have already been refused entry to PagoPago for non-
compliance


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Other consultations held:

Cabinet
· Prime Minister Robert Woonton
· Deputy Prime Minister Ngamau Munokoa
· Minister of Finance Tapi Taio

Foreign Affairs
· Carl Hunter

Maritime Cook Islands
· Registrar of Ships, Garth Broadhead

Ministry of Marine Resources
· Ian Bertram, Secretary
· Peter Graham, Legal Officer
· Josh Mitchell, IT Manager
· Andrew Jones, MCS
· Jason Marurai, MCS



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