S
I O F
P
OUTH WEST NDIAN
CEAN
ISHERIES
ROGRAMME
(SWIOFP)
NEWSFLASH 14: March 2005

An occasional newsletter to update
members of SWIOFP on current

developments.

The SWIOFP Project Brief was advanced with the development of an
incremental costs analysis and log-frame. The first meeting of the Legal
Instruments Theme held in La Reunion from 9 to 11 February 2005

Administration
З The secretariat was strengthened with the appointment of Ms. Sandra Bebe, who replaces Ms.
Paula Boane as secretary. This should ease the growing workload.

Project activities
З Minutes from the 4th Plenary in Maputo were compiled and circulated. This proved to be an
extensive and detailed record of deliberations, containing many important opinions and decisions.
З Proposals for hosting the future SWIOFP regional office were submitted to Madagascar by three
countries. The original deadline for submission was extended by two weeks at the request of some
countries.
З Informal discussions and deliberations were held in several quarters to develop a more defined
approach to ships' time.
З The SWOFP secretariat was able to attend the 26th Session of the Committee of Fisheries (COFI)
which strengthened the linkages with FAO and hence long-term viability of both SWIOFP and the
SWIO Fisheries Commission.

Legal Instruments Theme meeting in La Reunion: 9-11 March 5

Updated Table of Activities reflecting approximate time schedules

INTERIM PROGRESS & PLANS
Task / Theme
Action
Status
Deadline
Secretariat
4th plenary (Pre-appraisal)
Complete: minutes to
End January 2005
be circulated
Plan for 5th plenary (final appraisal)
Preliminary stage only
June/July 2005

Maintain SWIOFP website;
Complete
Ongoing
Final version of project proposal
Basic framework
Mid 2005
conceived
Incremental cost analysis
Draft complete
End- February 2005
Additional workshop to finalise
To be planned
April/May 2005
outstanding issues, including ships,
Maputo?
gear, funding, legal
Interface with other WIO projects;
Ongoing
Ongoing
establish links
Facilitate visit to Comoros to engage
Planned
Aril 2005
ministry
Circulate draft WB-country contract
Underway
End February 2005
for comment and future guidance.

Project Launch
-
Early 2006
Integrate new information into
Underway
End March 2005
Version 3 of the Draft Science Plan.
Project advisor
Science Plan
Incorporate other workshop
Underway
End March 2005
(MCM-S.Af.r)
recommendations revise activities
Project advisor
cost estimates

Country questionnaire analysis
Completed
-
Draw up TORs for Component 1
Underway
June 2005
Data Management
activities and staffing (2006)
(KMFRI-Kenya)
Facilitate evaluation of StatBase and
Underway
June 2005
alternatives
Operations &
Harmonise procurement procedures
Ongoing
-
Procurement
Finalise and update procurement plan
Underway
June 2005
(TAFIRI- Tanzania)
2nd Specialist workshop
Completed

Focal point questionnaire analysed
Underway
Mid February 2005
Legal issues
Assist with demonstration of
Underway
June 2005
(France)
StatBase fisheries software
Workshop & minutes circulated
Completed
8-10 Feb: Reunion
Draft management plan developed
Achieved

Circulate plan for comment.
Underway

Specialist workshop, minutes
Completed- minutes
-
Project
circulated.
circulated
management
Arrange for criteria and submissions
Achieved
-
(Madagascar)
to hosting Regional PMU.
Submit selection of PMU to
Underway
End March 05
secretariat.
Consider and verify country-level
Achieved
Sustain
participation in Components and
Regional Unit.
National Focal
Submit letter of project endorsement
Urgent
Mid February 2005
Points
to World Bank country office
(countries)
copied to Secretariat.
Workshop to develop country needs
Achieved, need for

and expectations; document prepared
confirmation.
Review and confirm draft budget
Underway

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Instituto Nacional de Investigaчуo Pesqueira (IIP)
SWIOFP coordinator
Maputo, Mozambique
Tel: + 258 1 490536 / 490307 / 499963
Fax + 258 1 492112
Email: swiofp@moziip.org
Web: www.swiofp.org

Legal Issues Workshop- La Reunion - 8 to 10 February 2005
Hosted by France and facilitated by Dr Elie Jarmache, the meeting was attended by experts
from Comoros, France, Madagascar, Mauritius, Mozambique, Seychelles, South Africa and
Tanzania. Unfortunately, Kenya was unable to attend due to transportation problems.

Mr Yan Giron, consultant to the French Authorities, sketched the context within which the
legal workshop had to conduct its deliberations. This was followed by several
contributions relating to main international conventions and obligations, including:
З United Nations Convention on the Law Of the Sea (UNCLOS),
З 1995 Fish Stocks Agreement,
З Convention on Biodiversity,
З The 1995 FAO Code of Conduct for Responsible Fisheries
З WSSD- Plan of Action adopted in Johannesburg in August 2002
З Monitoring and Surveillance

Although full documentation is available, these are some of the main issues discussed-

UNCLOS
З The important role of UNCLOS in establishing sovereign rights over natural
resources, jurisdiction over marine research and protection of marine environment in
EEZs.

З Emphasis placed on the provisions of international conventions strengthening regional
cooperation, such as Articles 246/5 and Article 249/2.

Transboundary operations
Two kinds of transboundary operations were identified:
Marine scientific cruises using research vessels
Private commercial ship chartered for scientific purposes
There were special challenges when dealing with Marine Protected and otherwise
restricted areas.

З data access and data availability (with a mention to the issue of property rights).

З links to be established with other projects /the need of harmonisation at different levels
(technical tools, procedures for data collection) and coordination with respect to
national MCS procedures.

З It was proposed that am agreement be entered in to between countries to give consent
of all Member States for the conduct of SWIOFP scientific cruises.

З Operations of restricted areas would only be undertaken under strict conditions and
subject to validation by national authorities.

З SWIOFP needs to elaborate a data policy based on the principles of availability and
free access of data within context. This should be achieved through the SWIOFP data
management working group.

З The need for continued legal support was identified.

З The South African legal expert offered to undertake a preliminary drafting of a multi-
national MOU for circulation.

Legal workshop proposals to the Plenary

The SWIOFP legal issues working group, which met in La Reunion on 8 to 10 February,
express its opinion to convey to the Plenary, through the appropriate channel, propositions to
be discussed and, when adopted, to be integrated to the final Project Document of SWIOFP.

While recognising the relevance of the international Law of the Sea about the coastal States
jurisdiction on marine scientific research and the coastal States sovereign rights on the natural
resources in the EEZ :

The working group proposes a common approach at SWIOFP level by adopting an
agreement (it could be a "letter of agreement") by which the SWIOFP Member States
decide to grant the consent for conducting such cruises.

This agreement should last for the whole period of SWIOFP.

This agreement should include all the information on scientific needs and purposes, inter alia
information on the uses of private commercial ships.

Transboundary operations should be based on the following principles :

З Each cruise should be based on a minimum set of relevant information in particular
research schedule to be detailed in an annex to the agreement.

З The presence on board ships of scientific observers both national and from SWIOFP's
"component working group"

З The sharing of the data collected from research cruises, leading to common property
rights at SWIOFP level.

З The allocation of reasonable period of time (6 months ?) to the relevant SWIOFP's
"component working group" for interpretation of the data before dissemination and
sharing among SWIOFP's Member States including those not directly involved in the
cruise.

Operating in restricted or Marine Protected Areas

While recognising the importance of MPAs or Reserved marine areas for the goals of
SWIOFP as "reference points", the working group proposes to admit the conduct of scientific
research and monitoring operations in such areas, provided that an application is made to the
appropriate (national) authority, and a particular procedure is agreed upon by a scientific
committee (SWIOFP level ?). The scope of the procedure should cover the preparation of the
cruise, its undertaking as well as regular report to the appropriate (national) authority.

Private commercial ships could be used as scientific chartered vessels in MPAs and marine
reserves, provided that they are exclusively committed to scientific or monitoring operations
and that no commercial fishing gears are in technical position to be used.

Particular regard must be had to the issue of sampling sensitive species in such areas for
SWIOFP purposes.

Data availability and access, and property rights

The working group recalls the international rules of the Law of the Sea Convention stating
that Coastal States must be consulted by researchers in case of publication of data collected in
their EEZ dealing with natural marine living resources. This rule is an indication of the way
the property rights issue is dealt within the context of marine science. Therefore, the working
group is of the opinion that it should not be necessary to address this issue which appears not
being significant in the context of the monitoring function of SWIOFP.

The working group acknowledges the importance of data in the process of increasing the
scientific knowledge needed to fulfil the function of monitoring in a sustainable management
of natural renewable resources.

The working group recommends the promotion of a data policy, within the SWIOFP, aimed
at the availability of and free access to the data.

The working group recommends that :

З historical data be included in the scope of the data collected and owned by a particular
Member State of SWIOFP. The transfer of those historical data should be considered, due
to their value, as a contribution in kind from this particular Member State. The above
principles of availability and free access apply to those historical data.
З special arrangements be established by SWIOFP with other holders of historical data to
recover those data.

Specific proposals

The working group considers that Monitoring should be implemented jointly with Control and
Surveillance to facilitate the collection of the same data.

This requires harmonisation :
З of SWIOFP with other projects in the SWIO,
З of the technical tools with regard to ongoing projects in the area,
З of the procedures for data collection,
and co-ordination of SWIOFP with national MCS procedures.

The working group considers that the establishment of agreed procedures for surveillance in
SWIO area should be a relevant component of the joint implementation mentioned above.

Capacity building on legal matters is one major concern to be dealt with in the scope of the
Project. The working group recommends that particular attention should be given to that issue
by granting and facilitating the access

-to training courses on legal aspects organised by Member States,

-to training seminars on specific legal issues when organised by international competent
organisations.

The question of a Memorandum of Understanding - MOU - to be drafted as an agreement
between Member States of SWIOFP arose at the beginning of the workshop. While
understanding the need for such a MOU, the working group was not in a position to enter in a
discussion on this issue whose implications are beyond its mandate and expertise.