GEF SAP II PROJECT:
NATIONAL PROJECT PREPARATION REPORTS
NIUE
Foreword
This brief report was prepared by Les Clark and Colin Brown during a visit to Niue
from 14 to 18 June 2004. It aims to assemble information relating to Niue 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 Niue
· To identify possible interventions to support implementation by Niue of the
WCPF Convention
· To make an analysis of the incremental costs to Niue of activities related to the
Convention
· To undertake an analysis of stakeholders in Niue with interests in the regional
oceanic fisheries resources
· To identify relevant consultative mechanisms in Niue 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 Niue's
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 Niue EEZ measures 390,00sq.km. and is bordered by Cook Islands to the east,
Tonga to the west, American Samoa to the north, and high seas areas to the south.
There are three components to the oceanic fisheries of Niue:
a) small scale fishing for subsistence and small scale commercial purposes
conducted by local vessels; currently estimated at around 120 traditional one-man
outrigger canoes and a small motorised dinghy fleet of 50 active boats. Fishing is
generally confined to within a few kilometres of the coastline for canoes. The
nearshore pelagic fishery is currently estimated to take a catch of around 100-120
tonnes of pelagic fish species annually, of which 40-60% is estimated to be sold
on the local market, and the balance for subsistence consumption;
b) a small but significant sports fishery, mainly for tourists, which is one of Niue's
major tourist attractions; and
c) offshore fishing by foreign vessels targeting albacore tuna which land their catch
outside Niue, mostly at Pago Pago. Catches from these vessels have ranged over
time up to 500-600 tonnes. Currently, the US Multilateral Fisheries Treaty is the
major source of fisheries revenue for Niue.
A fish processing facility is currently under construction. This will be the starting
point for a new domestic oceanic fishing and fish processing industry that holds the
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promise of great benefits for Niue, but will bring a requirement for additional
fisheries management effort, especially in monitoring fishing and landings.
1.2
Oceanic Fisheries Management
The major objectives of tuna management and development policy set out in the
Niue Tuna Management and Development Plan are:
· ensure that the utilisation of the tuna, billfish and wahoo stocks in the waters of
Niue is consistent with the sustainable utilisation of these stocks in their entirety;
· eliminate illegal fishing activity in the waters of Niue;
· maximise benefits to Niue, including economic and social benefits, 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 fisheries;
· minimise the impact of target fishing on both the marine environment and
bycatch species; and
· assist to fulfil regional and international obligations regarding conservation and
management of highly migratory species in Niue's fishery waters.
The commercial tuna longline fishery is managed under a system involving an initial
sustainable catch limit of 3,000 mts, and of licences currently limited to 20 vessels
over 12 metres. Vessels fishing in Niue waters are now required to land their catch in
Niue.
The other key feature is the closed areas around the island and important reefs.
The 2003 Niue Tuna Longline Feasibility Study laid out a new oceanic fisheries
management and development strategy for Niue.
1.3
Oceanic Fisheries Institutional Arrangements
The Fisheries Division of the Department of Agriculture, Forests and Fisheries is the
central agency responsible for oceanic fisheries management. The Division has a
staff of 6, and an annual operating budget of NZ$70,000. Overall, oceanic fisheries
is a major focus of the work of the Division, because of the importance of offshore
oceanic fisheries for government revenue estimated at NZ$495,000 in 2003/04. This
emphasis will become more pronounced once the processing plant becomes
operational and locally-based longline vessels become more active in the zone.
The Police Department is also involved in off-shore fisheries management but this is
minimal and confined to enforcement activities.
1.4
Donor Involvement
New Zealand Aid funded the 2003 Niue Tuna Longline Feasibility Study, but there is
no current donor involvement in oceanic fisheries management activities.
1.5
Other Oceanic Fisheries Management Issues
There are going to be a range of issues associated with the new processing facility,
including the infrastructural needs and possible social impacts from the visits by
fishing vessels. On this mission, the main issue raised was the potential impact of
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landed bycatch on the local fish market and livelihoods of those involved in small
scale fishing.
2. Niue and the WCPF Convention
2.1
Overview
With a population of around 1500, Niue is the smallest state participating in the
WCPF process. Key issues for Niue have been:
i)
to ensure that the work of the WCPF Commission is structured in such a way
that Niue can participate effectively in the Commission's work, since the
oceanic fisheries stocks are critically important to Niueans;
ii)
to ensure that the cost of participating in the Commission and fulfilling
obligations arising from the Convention is not unduly burdensome on the
small population of Niue;
iii)
to protect Niue's interests in the development of its oceanic fishery resources
for economic gains;
iv)
to ensure that the work of the Commission takes into account the status of
bycatch species such as wahoo which are important to the people of Niue
v)
to ensure that Commission decisions take account of the position of Niue
which does not have its own vessel registry or flag.
As a Member of the Commission and a Party to the WCPF Convention the major
areas of implications for Niue as follows:
i)
the additional workload involved in participation in the work of the
Commission with a small fisheries staff
ii)
legal reforms, particularly a new licensing arrangement:
iii)
improved monitoring programmes
iv)
enhanced arrangements for consultation between the governments and those
whose livelihoods depend on the oceanic fish resources
2.2
Implications of the Convention
2.2.1 Legal
Niue is in a unique position in respect of the legal requirements of the WCPF
Convention because it does not operate its own vessel registry, and so is not subject to
the range of new requirements for flag states which are at the core of the new
Convention. Against this background the Territorial Sea and Exclusive Economic
Zone Act 1996 already includes sufficient powers to make regulations to implement
WCPF Commission decisions. However, Niue needs to change its approach to
control of vessels in its own waters. Currently, these are all managed under access
agreements, but in future Niue needs to move away from access agreements towards
more direct control of fishing vessels through appropriate Regulations and licence
conditions. This will require a systematic review of existing legislation and drafting
of regulations and licence conditions.
Environmental management in Niue is governed by the Environment Act 2004. The
involvement of the Department of the Environment in marine conservation is focused
on education and awareness-raising activities..
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The table below summarises the status of Niue'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
Not formally adopted
WSSD fisheries targets
Not formally adopted
Convention on Biological Diversity
Acceded
FAO Compliance Agreement
Not adopted
FAO International Plans of Action
Not implemented
FFA Minimum Terms & Conditions
Implemented
Driftnet Convention
Ratified
There are only four qualified lawyers in the Niue Public Service. None is specifically
committed to fisheries, and the capacity in fisheries is building slowly. For this
reason, Niue will continue to depend on long term legal assistance to participate in
regional-level arrangements, to prepare its national positions on matters coming
before the WCPF Commission, and to amend its national legislative framework; and
sees short term training in relevant aspects at the regional level as important.
Specific assistance needed includes:
· review of Fisheries Acts and Regulations
· establishment of a new licensing regime
· regional training for legal staff
2.2.2 Policy/Institutional
Key policy decisions on oceanic fisheries issues are made by Cabinet on the basis of
ad hoc consultations with stakeholders in the close-knit Niue community, and often
with substantial advice from regional organizations.
Niue needs to strengthen its institutional capacity in oceanic fisheries management,
but resources are scarce. The institutional capacity development needed includes
additional equipment and improved office facilities.
The size of Niue's financial contribution for the Commission has been a major issue
for Niue throughout the WCPF process. Under the proposed formula for the
Commission, the financial contribution for Niue is expected to be US$5-10,000. Niue
considers this level of contribution to be appropriate and sustainable.
Specific assistance needed includes:
· an institutional strengthening review
· review of the Tuna Management and Development Plan
· ongoing technical assistance from SPC/OFP and FFA in policy formulation and
advice.
· strengthening of fishermen's associations to allow greater participation in the
management process
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2.2.3
Compliance
Niue's MCS capacity is limited to the work of one person, half-time. IUU fishing in
Niue waters is an issue because Niue does not have its own sea or air patrol capacity,
but it is assisted by overflight patrols by New Zealand and the United States. Niue
sees regional cooperation in MCS as important, and has authorised Fiji and New
Zealand navies to undertake MCS operations in Niuean waters. Since Niue will not
be able to afford to operate its own patrol vessel, Niue supports the wider use of
Implementing Arrangements under the Niue Treaty to improve coordination of
regional MCS services.
Niue applies the FFA Harmonised Minimum Terms and Conditions., and requires the
FFA VMS on foreign vessels.
Specific assistance needed includes:
· assistance for staff strengthening
· training at the regional level in boarding and inspection
· assistance with the VMS system to ensure it is fully operational and able to
monitor vessels licensed to fish in Niue
· support for coordination of MCS activities between countries under the Niue
Treaty
2.2.4
Monitoring
With the assistance of the SPC/OFP, Niue has developed procedures for the collection and
processing of tuna fisheries data. These procedures will be used for the monitoring of the joint
venture longline operation to be established in Niue following completion of the tuna
processing plant. It is anticipated that up to 20 vessels will be licensed to fish in Niue waters,
all of which will be off-loading to the plant.
Logsheets: Catch and effort logsheets from vessels fishing in Niue are forwarded to SPC. The
target for logsheet coverage is 100%. Niue does not maintain its own catch and effort
database.
Observers: Niue does not have an observer programme, but is planning to develop one with
the assistance of SPC/OFP and FFA in order to develop a capacity to attain 20% coverage of
the new joint venture longline fishing operation. Four observers have been trained as purse
seine observers and one of these has undertaken longline observation. Three trainees will
participate in the upcoming sub-regional observer training course to be held in Tonga.
Port Sampling: there is no port sampling programme but the plan is to develop a capacity to
allow 20% coverage for vessels landing fish to the new processing facility.
Specific needs include:
· a plan of action for establishing observer programme and port sampling
programmes, with funding support to get them established and a plan for transfer
of costs to Niue
· equipment, including computers and office space for additional monitoring staff
· training for observers and port sampling staff
· continuing assistance from SPC/OFP for the processing of catch and effort data
and preparation of catch and effort estimates that will be required by the
Commission.
2.2.5
Science
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Scientific Analysis
Niue currently has virtually no capacity for statistical or scientific analysis, and the
scope for developing this capacity is very limited. This means that Niue will continue
to rely to a great extent, on the SPC/OFP for stock assessment, ecosystem analysis
and other scientific aspects of tuna fisheries into the long term. In this respect, the
flow of information from regional stock assessment work in a form useful for national
fisheries management has improved, but there will be a continuing need for assistance
in interpretation of the regional analyses.
Specific needs include:
· training for managers aimed at developing a better understanding of stock
assessment
· continuing assistance from SPC/OFP in the interpretation of regional stock
assessment analyses
Ecosystem Analysis
The species taken as by-catch in oceanic fisheries are important in Niue as major
target species of the small scale fisheries. It is likely that the by-catch issue will
become more significant as the offshore longline industry becomes established.
Large scale oceanographic changes appear to have had big impacts on the fisheries of
neighbouring zones and it is probable that the Niue zone also felt this impact. The
improving understanding of these through SPC is valuable, and continuing that
research is important.
3.
Potential Contribution of SAP II Project
Potential areas in which the SAP II Project could contribute to assisting Niue 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
Revise the Territorial Sea & EEZ
Legal/Fisheries Management Technical
framework
Act, prepare new regulations and
Assistance
Licencing Conditions
Support Commission
Provide legal advice
Regional Legal Workshops, continuing
participation
advice from FFA
Implement
Provide legal advice,
Legal/Fisheries Management TA
Commission
decisions
Policy
Participate in
Institutional Strengthening
TA for Institutional Strengthening
Commission
Review/equipment/facilities
Regional Policy Formulation
Regional Workshops/Attachments
Realign National
National policy formulation
Fisheries Management Technical
Policy
Assistance (medium term)
Institutional strengthening for
Associations, regional networking
Regional study tour
By-product /by-catch Plan
Technical Assistance
Compliance
Increase IUU
Improve licensing, vessel register
Regional MCS Meeting/ participation
deterrence in-zone
Improve effectiveness of patrol,
In-country assistance with regional
inspection, investigation,
VMS
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prosecution
National VMS start-up
Regional Inspection, VMS staff training
Establish
Enhance Coordination against IUU
Support coordination of MCS activities
Cooperative anti-
fishing
between countries (Niue Treaty
IUU arrangements
implementing arrangements)
Monitoring
Improve at-sea data
Establish Observer programme
Technical assistance, start-up funding,
equipment and facilities for monitoring
staff
Improve catch
Establish Port sampling programme Training of port samplers by SPC and
composition data
observers by FFA/SPC
Establish database
TA, training equipment to establish
Provide data to the
database
Commission
Support from SPC/OFP for calculation
of catch and effort estimates for the
Commission
Science
Improve
Strengthen national capacity to
Short term training in stock assessment
understanding of
analyses national data
methods for managers
oceanic resources
Strengthen national capacity to
Ongoing support from SPC in
and ecosystem
interpret regional analyses
interpretation of stock assessment
analyses and oceanographic information
ANNEXES
Annex 1
Incremental Cost/Co-financing Analysis
Annex 2
Stakeholder Inventory and Analysis (including consultative mechanism
inventory)
Annex 3
Record of Stakeholder Consultation
Annex 4
Indicator Availability
Annex 5
Sustainability Analysis
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Annex 1 - Incremental Cost/Co-financing Analysis
Summary
National Funding
Total 2005-2009
Total 2005-2009
Theme
Baseline
Incremental
(NZ$ 000)
1 Law
0
0.0
2 Policy/Management
120.7
375.8
3 Compliance
17.3
45.0
4 Monitoring
17.3
119.0
5 Science
0
15.0
Total
155.3
554.8
With a major investment in fish processing expected to increase fishing activity in Niuean waters and especially lead to landings on Niue for the
first time, Niue is planning an expansion of its oceanic fisheries management programmes that is very significant within the small overall budget
of the Government of Niue. This additional activity, plus the costs of participation in the Commission, will increase the commitment of Niue to
oceanic fisheries management from what is currently a low level
Note: co-financing estimates are based on
Policy/ Management: participation in Commission activities, annual contribution to the Commission
Compliance: MCS enhancement including activation of the FFA VMS node
Monitoring: establishment of port sampling and observer programmes with cost recovery
Science: increased priority attached to oceanic fisheries analysis
8
Annex 1 - Incremental Cost/Co-financing Analysis
Donor Funding
Total 2005-2009
Total 2005-2009
Theme
Donor
Project
Baseline
Incremental
(NZ$ 000)
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Annex 1 - Incremental Cost/Co-financing Analysis
Base Data
2004
2004 OFM
Institution
Programme Theme
%OFM
Budget
Budget
Fisheries D
Policy/Mgmt
69
70%
48.3
Fisheries D
Monitoring
69
25%
17.25
Science
0
0%
0
Fisheries D
Compliance
69
5%
3.45
Police
Compliance
0
0%
0
Minister
Policy/Mgmt
30
100%
30
A.G.
Law
0
0%
0
Total
99
10
Annex 1 - Incremental Cost/Co-financing Analysis
Details
2004
2004
2004
Non-
2005-2009
Total
Theme
Institution Programme
OFM
WCPF
New WCPF Increment
WCPF
Baseline
Incr
budget Increment Baseline
2005 2006 2007 2008 2009 Total
1 Law
A.G.
0
0
0
0
0
0
0
0
0
0
0
2 Policy/Mgmt Fisheries D
48.3
24.15
24.15
120.75
34
34
34
34
34
170
291
Minister
30
30
0
0
10
10
10
10
10
50
200
3 Compliance Fisheries D
3.45
0
3.45
17.25
9
9
9
9
9
45
45
Police
0
0
0
0
0
0
0
0
0
0
0
4 Monitoring Fisheries D
17.25
13.8
3.45
17.25
10
10
10
10
10
50
119
5 Science
Fisheries D
0
0
0
0
0
0
5
5
5
15
15
99
67.95
31.05
155.25
330
670
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Annex 2 - Stakeholder Inventory and Analysis (including consultative mechanism
inventory)
Stakeholder inventory data sheet [and preliminary participation plan]
Country:
Niue
Date:
17 June, 2004
Data Recorder:
Colin Brown, cibn@oyster.net.ck
Description of
Stakeholder analysis and preliminary participation plan
Interests
1o s/holder
2o s/holder
Other
Representative/
Stakeholder
Contact details
[factors that may
[role in decision-
[2-way flow of
post
influence
making]
information]
[Keep informed]
participation]
Department of Agriculture,
Brendon Pasisi,
National Fisheries
X
Tel: 4032
Forestry & Fisheries
Deputy Director
Authority
Premier's Department
Crossley
Tel: 4200
GEF Focal Point
X
National
X
Department of the
Haden Talagi
Environmental
Environment
Authority
Aritisanal & Sports
X
Fishing Associations
Tau Pasisi
Tel: 4106
fishers
Treasury
Jacqui Mitimeti
Tel: 4122
X
Processing Plant Operator
X
Vessel Operators
X
Village Councils
X
General Public
X
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Annex 2 - Stakeholder Inventory and Analysis (including consultative mechanism
inventory)
Inventory of Project-related national consultative mechanisms
There are no current Project-related consultative mechanisms. Niue is giving consideration to the establishment of an appropriate project
consultative mechanism.
Consultative
Parent/host body
Representative/
Area(s)
Frequency
Members and affiliations
body
contact details
of
of
interest
meetings
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GEF SAP II Country Mission
Niue
Thursday 17 June, 2004
Public Forum
The mission to Niue held a public forum at the Niue Sports Club to discuss the
development of the WCPF Convention and the support provided by GEF in this
process. Those present included: Hon. Bill Motufoou, Minister responsible for
Fisheries; Ernest Nemaia Director, Department of Agriculture, Forestry and Fisheries
(DAFF); Brendon Pasisi Deputy Director DAFF; Fiafia Rex, Fisheries Officer; Tau
Pasisi, President, Niue Fishermen's Association; Graham Marsh, President Niue Game
Fishing Club; Jacqui Mitimeti, Budget Manager, Treasury; Sione Leolahi, National
Coordinator, IWP; Taumaifai Fuhinui, Canoe Fishermen's Association; Charles Funaki,
Marketing Officer, DAFF; Muiaki Makani; Haden Talagi, Research & Development
Officer, Department of Environment, Aviu Taueihi, Premier's Department; Billy Talagi,
Avatele Village Council; Taumafai Fuhinui; Iavano Heaki, Hikutavake Village Council;
Kala Talaiti, Vaiea Village Council; Moka Talaiti, Vaiea Village Council; Hakemofu
Laufoi, Avatele Village Council.
The Minister of Fisheries, Hon. Bill Motufoou opened the meeting with a presentation
on the development of the WCPF Convention and the role that Niue played in this. This
was followed by a presentation from Brendon Pasisi, the Deputy Director of DAFF, on
tuna fisheries developments in Niue including management matters and the joint
venture fishing and processing venture with Reef Shipping scheduled to be operational
in August. This was followed by a presentation by Les Clark on the Convention and the
likely impacts for the Niue situation. The presentation also included a brief review of
tuna stock status. A two-day workshop on the Convention and its implications had been
held with stakeholders in Niue two years earlier with GEF IW Project support. This
Workshop had been part of a stream of work in Niue, which had resulted in Niue
ratifying the WCPF Convention, so the Forum was a chance to update those earlier
discussions since the Convention was coming into force 2 days later.
Issues arising from discussions were:
· concern that fishing vessels operating in Niue are monitored to ensure stocks remain
in a healthy state. Accurate catch reporting would be essential and the deployment
of observers would be necessary. Such monitoring should be at the cost of the vessel
operator
· by-catch is significant in terms of the impact this will have on the ecosystem as well
as the domestic market. Although by-catch data for Niue is minimal, there is
concern that industrial tuna fishing in Niue will have a serious impact on shark
stocks as well as the availability of wahoo and mahimahi to inshore fishers
· concern was also expressed at the likely impact longline fishing will have on birds,
dolphins and turtles. It was however considered that such interactions were less of a
concern in the tropical Pacific region
· the effect of oceanographic change and possible effects of climate change on fish
stocks was highlighted. The meeting was advised that efforts are being made to get a
better insight into the ecosystem to aid in more sound tuna management
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· Concern was expressed over the likely level of discards and by-catch from vessels
expected to be fishing in Niue waters once the processing plant becomes operational
· The additional resources that Niue would have to commit to oceanic fisheries
management with the Convention coming into force, and the new processing facility
starting up, and strategies for finding and financing those resources
Stakeholder Consultation
The Mission to Niue held a stakeholders consultation at the Niue Sports Club to discuss
the Convention and the development of the SAP II project. Those present were: Ernest
Nemaia Director, Department of Agriculture, Forestry and Fisheries (DAFF); Brendon
Pasisi Deputy Director DAFF; Fiafia Rex, Fisheries Officer; Tau Pasisi, President, Niue
Fishermen's Association; Graham Marsh, President Niue Game Fishing Club; Jacqui
Mitimeti, Budget Manager, Treasury; Sione Leolahi, National Coordinator, IWP;
Taumaifai Fuhinui; Charles Funaki, Marketing Officer, DAFF; Muiaki Makani; Haden
Talagi, Research & Development Officer, Department of Environment.
Mr Les Clark gave a presentation on the GEF SAP II project. Issues raised in discussion
were:
· Although it appears that albacore stocks are in a healthy state and that current levels
of fishing have minimal impact, there is a need for an improved understanding of
stock dynamics, and this is important in a future science programme
· the need for support for the Fishing Associations to enable them to participate in
national and regional fisheries management processes
· the constraints faced by Niue's small administration in participating in such a large
and complex process as the Commission
· because of its lack of legal capacity, Niue will be need to look to FFA for the
provision of sound legal advice particularly during Commission meetings
· Compliance is a capacity that needs strengthening given Niue's lack of surveillance
capability. It was noted that subsidiary agreements under the Niue Treaty is an
option that should be explored
.Other consultations held were:
Minister of Fisheries Hon. B V Motufoou
Department of Agriculture, Forestry & Fisheries
· Ernest Nemaia, Director
· Brendon Pasisi, Deputy Director
Department of the Environment
· Haden Talagi, Research and Development Officer
Fishermen's Associations
· Niue Island Fishermen's Association, Tau Pasisi
· Niue Island Sports Fishing Club, Graham Marsh
· Canoe Fishermen's Association, Taumaifai Fuhinui
Premier's Department
· Crossley Tatui (GEF Focal Point)
New Zealand High Commission
· HE Sandra Lee Vercoe, High Commissioner
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A small function was held in the evening of 17 June to mark the coming in to force of
the Convention on 19 June.
An interview with Les Clark was shown by the Niue Broadcasting Corporation and a
report of the Stakeholder Consultation was posted on the Niue Government website.
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Annex 4 Availability of National Indicators
Indicator
Current Value, if easily
Availability
available
1. Coverage of:
a) catch and effort logsheets: domestic fleet
Around 80%
Not
b) catch and effort logsheets: foreign fleet
applicable
c) port sampling
70-100%
d) observers: domestic fleet
20-30%
2. Levels of budgets and staffing for these
programmes
3. Levels of fleet capacity and fishing effort
4. Catch of target species,
5. Levels of mortality of related species,
including bycatch and seabirds
Note: this analysis does not include a range of national indicators which are known to
be available for all countries such as status of legislation, undertaking of national
reforms etc.
Annex 5 - Sustainability Analysis
Annual Government Revenue from Licensing:
NZ$$700,000
Annual In-Zone Catch Value:
Annual Domestic Catch Value:
(Data above to be estimated by FFA)
Annual Production Value (including value of processing): NZ$0.5 million
Expected Annual Commission Contributions: US$6-10,000
Estimated Annual Government Incremental Costs: NZ$135,000
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