Technical Assistance on Trade Facilitation and Standards ...acpfish2-eu.org/uploads/projects/id668/Final_Repot_PBLH_IK.pdf · TT Technical Team ... must observe and meet strict food

"Strengthening Fisheries Management in ACP

Countries"

Project Funded by the European Union.

“This publication has been produced with the assistance of the European Union. The contents of this publication are the sole responsibility of ”name of the author” and can in no way be taken to reflect the views of the European Union.”

“The content of this document does not necessarily reflect the views of the concerned governments.”

Final Technical Report

PROJECT TITLE:

Technical Assistance on

Trade Facilitation and Standards for Papua New Guinea

Project ref. N° PAC - 4.1 – B18a

Region: Pacific

Country: Papua New Guinea

Date: 25 September 2013

Assignment by: Mrs. Irina Kireeva

Position: Key Expert, Senior Trade Specialist

Project Title: “Technical Assistance on Trade Facilitation and Standards for Papua New Guinea”

Project Funded by the European Union A project implemented by

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CONTENTS

ABBREVIATIONS AND ACRONYMS ................................................................................................................................ 3

LIST OF ANNEXES AND APPENDIXES ........................................................................................................................... 4

ACKNOWLEDGMENT .......................................................................................................................................................... 5

EXECUTIVE SUMMARY....................................................................................................................................................... 6

1. APPROACH TO THE ASSIGNMENT ............................................................................................................................ 8

2. COMMENTS ON THE TERMS OF REFERENCE ........................................................................................................ 9

3. ORGANISATION AND METHODOLOGY ................................................................................................................. 12

4. DELIVERY OF TERMS OF REFERENCE ................................................................................................................... 15

5. CONDUCT AND DETAILS OF THE ASSIGNMENT INCLUDING VISIBILITY ACTIVITIES ......................... 17

6. CONCLUSIONS AND RECOMMENDATIONS .......................................................................................................... 20



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Abbreviations and acronyms

ACP African, Caribbean and Pacific

A&CU Audit and Certification Unit

CODEX The Codex Alimentarius Commission

CDS Catch Documentation Scheme

CMS Control, Monitoring and Surveillance

DG MARE Directorate-General for Maritime Affairs and Fisheries

EU European Union

FAO Food and Agriculture Organisation

FVFODF Freezer Vessel Fish Origin Declaration Forms

FVO Food and Veterinary Office

IUU Fishing Illegal, Unreported and Unregulated Fishing

NFA National Fishery Authority

NPA National Plan of Action

PNG Papua New Guinea

RASFF Rapid Alert System for Food and Feed

DG SANCO Directorate General of the EC Commission for Health and Consumers

QMS Quality Management System

SP&C Strategic Planning and Coordination

SPS Sanitary and Phytosanitary

TT Technical Team

ToR Terms of Reference

VDS Vessel Day Scheme

VMS Vessels Monitoring System

WTO World Trade Organisation



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List of Annexes and Appendixes

Annex 1 - Terms of Reference

Annex 2 – Visits and interviews carried out

Annex 3 - Inception Report

Annex 4 - List of documents consulted

Annex 5 – Workshop Report with 5 Appendixes:

Appendix 1 Programme of the Workshop Appendix 2 List of Participants Appendix 3 Power Point Presentation Appendix 4 Pictures taken during the Workshop Appendix 5 Media coverage – article in The National PNG

newspaper (27 August 2013)

Annex 6 - PNG Catch Documentation Scheme National Plan of

Action (with a Matrix of Activities presented in a Table format – Appendix 1)

Annex 7 - Technical Report on how to consolidate and strengthen the PNG Catch Documentation Scheme Quality Management System for Fisheries (with 6 Appendixes):

Appendix 1 – Fish Transhipment Form N° 1 Appendix 2 – Fish Landing in Port Form N° 2 Appendix 3 – Supplementary to Form N° 2 – Fish Landing Weight

Records Appendix 4 - Cold Storage Raw Material Withdrawal Form N° 3 Appendix 5 – Supplementary to Form N° 3 – CSRMW – Weight

Records Appendix 6 – Verification of Eng Product Usage Form N° 4



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Acknowledgment

The Final Technical Report of the Senior Trade Specialist has been prepared in accordance with the Terms of Reference for Technical Assistance on Trade Facilitation and Standards for Papua New Guinea (Project Reference PAC-4.1-B18a). It follows the Structure of the Final Technical Report suggested as guidance by “Reporting Requirements of the ACP-Fish II” and contains as Annexes the major outputs: the PNG Catch Documentation Scheme National Plan of Action and the Technical Report on how to consolidate and strengthen the PNG Catch Documentation Scheme Quality Management System for Fisheries.

A word of appreciation and thanks for help during the preparation of this Report, organisation of the Workshop in Lae, all meetings and activities in Port Moresby, Wewak and Madang, is to be made to Mr. Alois Kinol, IUU Coordinator / Audit and Certification Officer of the NFA, Ms. Yaniba Koimilla Alfred, Senior Audit and Certification Officer of the NFA and Mr. Rodney Kirarock, Trade and Investment Officer of the NFA. The EU Expert also would like to thank the entire Technical Team of the NFA for their time, useful information, guidance and facilitation in preparation of this Final Technical Report. The Final Technical Report covers all activities of two missions of the Senior Trade Specialist – one from 2 to 24 August and second from 15 to 25 September.



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Executive Summary

The overall objective of the ACP Fish II Programme is to contribute to the sustainable and equitable management of fisheries in ACP regions, thus leading to poverty alleviation and improving food security in ACP States. The purpose of this assignment was to strengthen the implementation of the catch documentation scheme to prevent the entry of IUU products in PNG. The Senior Trade Specialist assisted the National Fisheries Authority in developing:

1) The PNG Catch Documentation Scheme National Plan of Action and 2) The Technical Report on how to consolidate and strengthen the PNG Catch

Documentation Scheme Quality Management System for Fisheries. The idea of the current ACP Fish II project was to compliment work initiated by the PNG National Fishery Authorities in combating IUU fishing. The need for such assistance was expressed by the National Fishery Authority and considered to be very timely. Fisheries and marine resources are one of the major economic sectors in Papua New Guinea. The waters around PNG are rich in marine life and are virtually untouched, so in the past few years aquaculture and inland fisheries activities are growing overwhelmingly in PNG. The 200 mile exclusive economic zone is endowed with a large variety of fish. The fisheries industry contributes approximately K100 million to the national GDP (1 percent) and currently employs an estimated 10,000 people through direct employment and 15,000 through indirect employment. Therefore, although the economic value of fisheries in the GDP is small, the importance of the fisheries sector to the overall population and in particular to the subsistence level is significant. Despite the EC granting the global sourcing derogation to Papua New Guinea for fish imports, the exploitation and the processing of fishery resources are subject to mandatory EU Sanitary, Phytosanitary (SPS) as well as the catch documentation scheme contained in the EU Illegal, Unreported and Unregulated (IUU) Regulation. This implies that the third countries must observe and meet strict food safety and conservation and management compliance measures, that the raw materials [fish] are not sourced through Illegal, Unreported and Unregulated means, that the fishing vessels and onshore establishments must be EU accredited in accordance with SPS measures, and that an effective traceability or catch documentation scheme is developed, among others. The approach of the International Consultant was to work closely with the NFA Technical Team. Such approach and engagement of the Members of the NFA Technical Team ensured commitment and understanding that prepared documents: draft PNG Catch Documentation Scheme National Plan of Action and the Technical Report on how to consolidate and strengthen the PNG Catch Documentation Scheme Quality Management System for Fisheries are fully owned by the NFA and will become part of the overall policy and strategy approach of the NFA in combating IUU fishing in its territorial waters.



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Both results: the draft PNG Catch Documentation Scheme National Plan of Action and the Technical Report on how to consolidate and strengthen the PNG Catch Documentation Scheme Quality Management System for Fisheries are extraordinarily important for combating IUU fishing in PNG territorial waters. However, no Plans of Action or Quality Management Systems can be imposed without facilitation and engagement of the National Fishery Authority. Each country has its own history, politics, traditions, legislation, institutions and resources, all of which will affect its strategies for concrete actions. Therefore, the draft PNG Catch Documentation Scheme National Plan of Action and the Technical Report on how to consolidate and strengthen the PNG Catch Documentation Scheme Quality Management System for Fisheries should be developed taking into account all these factors, in order to ensure that they reflects national needs and national circumstances but at the same time enables compliance with the country’s commitment to combat IUU fishing. Reoccurring problems with European Union regarding rejection of export containers lead to frustration from the NFA, since it is the responsible authority for noncompliance with food safety requirements and IUU fishing combat. Therefore, it is expected that proper functioning of the CDS with sufficient human and technical resources in place would contribute greatly to resolution of problems in relation to imports from PNG. There are two types of recommendations that were provided by the Senior Trade Specialist for strengthening and consolidating the Quality Management System for Fisheries in Papua New Guinea – general and specific. As to general suggestions, consistent and successive implementation of the National Action Plan adopted by the NFA in due time in relation to the Catch Documentation Scheme combating IUU fishing would help to consolidate and strengthen the Quality Management System for fisheries in Papua New Guinea. Also it should be pointed out that:

Harmonisation should not be focused exclusively on identical approach in filling all the forms and it must be pursued in parallel with scheme improvements and controls to be conducted enforcing the schemes and verifying the information provided by the completed documents.

The objectives of the established PNG Catch Documentation Scheme must be sufficiently similar or even identical to the objectives identified by the EU Regulation and for this assessment and revision of the domestic legislation in relation to IUU fishing would be highly recommended.

The ability of an established CDS to provide meaningful data may be determined by whether the species of interest can be easily distinguished; whether the National Fishery Authority is fully engaged in participating in such scheme; and whether the regional authorities also effectively implemented the scheme.

A number of specific recommendations based on the information received during the field visit were also provided by the Senior Trade Expert.



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1. Approach to the Assignment The idea of the ACP Fish II project was to compliment work initiated by the PNG National Fishery Authorities in combating IUU fishing. It supports the preparation of the Catch Documentation Scheme National Plan of Action, clearly identifying required actions, anticipated results, priority and timeframe in implementing foreseen activities, responsibility of the competent authority, specific expertise needed as well as international and EU cooperation in finding resources for successfully implementing National Plan of Actions. It will also identify priorities in terms of using its own budget (or suggest assistance) to develop Guidelines, Handbooks or Manuals on procedures, requirements or trainings necessary for improving capacity building of its officers and provide awareness on the application and implementation of the PNG CDS National Plan of Action to combat Illegal, Unreported and Unregulated Fishing. It is understood that the NFA also takes an active part in the project and provides co-financing by hosting the Workshop in Port Moresby and accompanying the International Consultant to the ports of Wewak, Madang and Lae. The need for such assistance was expressed by the National Fishery Authority and considered to be very timely. Fisheries and marine resources are one of the major economic sectors in Papua New Guinea. The waters around PNG are rich in marine life and are virtually untouched, so in the past few years aquaculture and inland fisheries activities are growing overwhelmingly in PNG. The 200 mile exclusive economic zone is endowed with a large variety of fish. The fisheries industry contributes approximately K100 million to the national GDP (1 percent) and currently employs an estimated 10,000 people through direct employment and 15,000 through indirect employment. Therefore, although the economic value of fisheries in the GDP is small, the importance of the fisheries sector to the overall population and in particular to the subsistence level is significant. Despite the EC granting the global sourcing derogation to Papua New Guinea for fish imports, the exploitation and the processing of fishery resources are subject to mandatory EU Sanitary, Phytosanitary (SPS) as well as the catch documentation scheme contained in the EU Illegal, Unreported and Unregulated (IUU) Regulation. This implies that the third countries must observe and meet strict food safety and conservation and management compliance measures, that the raw materials [fish] are not sourced through Illegal, Unreported and Unregulated means, that the fishing vessels and onshore establishments must be EU accredited in accordance with SPS measures, and that an effective traceability or catch documentation scheme is developed, among others. The overall objective of the ACP Fish II Programme is to contribute to the sustainable and equitable management of fisheries in ACP regions, thus leading to poverty alleviation and improving food security in ACP States. The purpose of this assignment is to strengthen the implementation of the catch document scheme to prevent the entry of IUU products in PNG.



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The Senior Trade Specialist is expected to achieve the following results as part of this particular project:

3) The PNG Catch Documentation Scheme National Plan of Action is developed; 4) The Technical Report on how to consolidate and strengthen the PNG Catch

Documentation Scheme Quality Management System for Fisheries is prepared. The approach of the International Consultant and key to successful completion of the assignment is to work closely with the NFA Technical Team, composed, as following: Officer Name Designation Unit / Division Mr. Alois Kinol IUU Coordinator, Audit &

Certification Unit, Port Moresby Coordinator

NFA, Audit & Certification Officer

Mr. David Karis VMS Manager NFA, MCS Unit

Mr. Philip Polon Executive Manager for Licensing & Data Management

NFA, Licensing & Data Management Unit

Mr. Ludwig Kimoru Executive Manager for Fisheries Management

Fisheries Management Division

Mr. Brian Kumasi Fisheries Management Officer - Tuna

Fisheries Management Division

Gisa Komangin Acting Executive Manager for MCS

NFA, MCS Unit

Mr. Rodney Kirarock Trade & Investment Officer

NFA, Project Division

Mr. Philip Lens Observer Manager NFA, Observer Unit

Mr. Anlus Iwais

Principal Legal Counsel, Corporate Service Business Unit of the NFA

NFA, Corporate Services Division, Directorate

Ms. Nancy Taka Legal Officer NFA, Corporate Services Division, Directorate

Ms. Yaniba Koimilla B. Alfred

Senior Audit & Certification Officer

NFA, Audit & Certification Unit

Such approach and engagement of the Members of the NFA Technical Team ensured commitment and understanding that prepared documents: draft PNG Catch Documentation Scheme National Plan of Action and the Technical Report on how to consolidate and strengthen the PNG Catch Documentation Scheme Quality Management System for Fisheries are fully owned by the NFA and will become part of the overall policy and strategy approach of the NFA in combating IUU fishing in its territorial waters.

2. Comments on the Terms of Reference The Terms of Reference (ToR) for the Senior Trade Specialist of the project “Technical Assistance on Trade Facilitation and Standards for Papua New Guinea indicate that the major results expected would be the PNG Catch Documentation Scheme National Plan of



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Action and the Technical Report on how to consolidate and strengthen the PNG Catch Documentation Scheme Quality Management System for Fisheries.1 The overall assignment of the Senior Trade Expert was split in two missions – one in August three weeks and one in September for less than two weeks. Before departing to PNG, there were two meetings organised between the ACP-Fish II Secretariat and International Consultant and between the NFA, the ACP-Fish II Secretariat and International Consultant in Brussels on 12 July 2013. The following activities were planned to be completed by the International Consultant during the first Mission in order to prepare draft of the PNG Catch Documentation Scheme National Plan of Action and the Technical Report on how to consolidate and strengthen the PNG Catch Documentation Scheme Quality Management System for Fisheries:

1. Work with the NFA Technical Team composed of the NFA Officials.

2. Close contact with the NFA Technical Team in order to get advice and follow requests of the beneficiary in relation to expected results.

3. Prepare Inception Report with information on the activities planning, preliminary assessment of provided documents, clarify the ToR and expected results.

4. Visit of provincial towns of Wewak, Madang and Lae to consult with the National Fisheries Authority Port Offices, the fishing industry and line departments or agencies involved in trade and food safety, as well as other relevant stakeholders.

5. Inform all the relevant stakeholders on the purpose of the assignment, expected results and importance of effective and efficient management of the CDS in PNG.

6. Identify and collect all relevant documentation and information such as list of used forms, strategies, trade agreements, National Plans, Management Reports, etc. as well as relevant to fisheries legislation.

7. Review and analyzes of all the documentation and information provided by the Technical Team of the NFA, National Fisheries Authority Port Officials in Wewak, Madang and Lae, collect suggestion of the overall structure of the Technical Report and National Plan of Action.

8. Prepare drafts documents of the Technical Report and National Plan of Action for discussion with the NFA Technical Team Officers from various ports in accordance with the agreed structure and provided information.

1 Actually, the ToR is a bit unclear in relation to QMS, stating on p. 5 that the expected result is: “The PNG Catch Documentation Scheme Quality Management System is consolidated and strengthened”. However, degree of improvement of the existing Quality Management System is not bench-marked or specified. It was discussed with the Technical Team of the NFA and understood by the NFA and the International Consultant that consolidation or strengthening of the Quality Management System in relation to Fisheries in PNG could not be a task to complete within given 24 working days by one Expert and the idea is to prepare a Technical Report on how to consolidate and strengthen the PNG Catch Documentation Scheme Quality Management System for Fisheries.



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9. Suggestion of the draft Programme of the Workshop to be conducted in Lae on 20-21 August 2013.

10. Prepare Power Point Presentation covering major points of the PNG Catch Documentation Scheme National Plan of Action and the Technical Report on how to consolidate and strengthen the PNG Catch Documentation Scheme Quality Management System for Fisheries.

11. Under the general supervision and assistance of the NFA Officials, conduct a 2-day Port Workshop in Lae, Morobe province (for approximately 20 stakeholder participants), to discuss the first draft CDS National Plan of Action and Technical Report on how to consolidate and strengthen the PNG Catch Documentation Scheme Quality Management System for Fisheries.

12. Review the draft CDS national plan of action and the Technical Report on how to consolidate and strengthen the PNG Catch Documentation Scheme Quality Management System for Fisheries in light of the findings and recommendations of the Lae Workshop and provide revise version to the Technical Team of the NFA by the end of the first Field Mission.

During the Second Mission of the International Consultant it was foreseen to complete the following:

1. Conduct a briefing with the Technical Team on the preparation of a one day Information Session in Port Moresby (at the premises of the NFA).

2. Present revised drafts of the PNG Catch Documentation Scheme National Plan of Action and the Technical Report on how to consolidate and strengthen the PNG Catch Documentation Scheme Quality Management System for Fisheries in a one day Information Session in Port Moresby for an indicative number of 30 stakeholder participants.2

3. Finalize both drafts: the PNG Catch Documentation Scheme National Plan of Action and the Technical Report on how to consolidate and strengthen the PNG Catch Documentation Scheme Quality Management System for Fisheries on the bases of the comments and suggestions by the Technical Team of the NFA to seek their validation and approval.

4. Present Final Report consolidating information in relation to work conducted by the Senior Trade Specialist in supporting PNG NFA in preparation of the PNG Catch Documentation Scheme National Plan of Action and the Technical Report on how to consolidate and strengthen the PNG Catch Documentation Scheme Quality Management System for Fisheries.

2 According to the ToR, NFA will be in charge of the organization and logistics through its contribution towards co-

funding this project.



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3. Organisation and Methodology The following schedule of activities during the first mission have been suggested by the NFA and agreed with the International Consultant: First Mission to PNG Week 1 – 5-10 August 2013 Monday, 5 August Inception Meeting – ACP Fish II – introduction of the EU Expert and the

Technical Group, understanding of the ToR, general and specific objective and expected outputs of the assignment, planning of the activities. Information gathering, Audit & Certification Unit

Tuesday, 6 August Understanding Licensing System of PNG, information gathering for the National Action Plan Vessels Monitoring Unit of the NFA information gathering, challenges of the Control, Monitoring and Surveillance in PNG Collection of Legal Acts, preliminary assessment, discussion on the major problems in terms of IUU legal framework

Wednesday, 7 August Information gathering in relation to inspections conducted: compulsory inspection before granting a license, port clearance, outward clearance, boating at sea, Technical Support and trainings needed for strengthening inspection service and enforcement in relation to IUU activities. Overview of the fisheries activities in PNG, collection of Annual Reports on Fisheries and Management Plan for Tuna.

Workshop Planning, preparation of the Draft Programme and discussion with the organization of this event.

Thursday, 8 August Travel from Port Moresby to Wewak, review of the collected information.

Friday, 9 August Meeting with the Wewak Port Office, discussion on completion of the Forms of the Catch Documentation Scheme (1,2 and 3) by the CDS Officers. Interview of the Observer Port Coordinator on the challenges in relation to IUU fishing and CMS. Meeting with the Customs Services of Wewak Port.

Saturday, 10 August Inception Report drafting, revision of the Lae Workshop Programme

Sunday, 11 August Travel from Wewak to Madang

Week 2 – 12 – 17 August Monday, 12 August Meeting with the Madang Port Office, discussion on completion of the

Forms of the Catch Documentation Scheme (1, 2, 3 & 4, as well as supplementary forms) by the CDS Officers. Interview of the Observer Port Coordinator on the challenges in relation to IUU fishing and CMS. Meeting with the Customs Services of Madang Port.

Tuesday, 13 August Inception Report submission. Field visit of the Tuna Canners, RD Fishing in Vidar. Drafting the PNG Catch Documentation Scheme National Plan of Action and the Technical Report on how to consolidate and strengthen the PNG Catch Documentation Scheme Quality Management System for Fisheries.

Wednesday, 14 August Travel from Madang to Lae, continuation of the work on drafting the documents.

Thursday, 15 August Meeting with the Lae Port Office, discussion on completion of the Forms of the Catch Documentation Scheme

Friday, 16 August

Field visit – unloading and transhipment in Lae Port.



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Saturday, 17 August Work on drafting of the PNG Catch Documentation Scheme National Plan of Action and the Technical Report on how to consolidate and strengthen the PNG Catch Documentation Scheme Quality Management System for Fisheries. Preparation of the PPP for the Workshop.

Week 3 – 19 – 23 August Monday, 19 August Preparation for the 2-Day Workshop in Lae in accordance with the

provided Programme (see Annex 1 Attached to this Report).

Tuesday, 20 August Workshop – Day 1

Wednesday, 21 August Workshop – Day 2

Thursday, 22 August Revision of the drafts on the bases of the comments, preparation of the Technical Report.

Friday, 23 August

Final meeting with the NFA in Port Moresby (departure of the International Consultant from PNG).

Second Mission to PNG Week 4 – 18 – 20 September Wednesday, 18 September Briefing with the Technical Team on the preparation of a one day

Information Session in Port Moresby.

Thursday, 19 September One day Information Session in Port Moresby presenting revised drafts of the PNG Catch Documentation Scheme National Plan of Action and the Technical Report on how to consolidate and strengthen the PNG Catch Documentation Scheme Quality Management System for Fisheries.

Friday, 20 September Revision of the draft documents, submission of the revised PNG Catch Documentation Scheme National Plan of Action and the Technical Report on how to consolidate and strengthen the PNG Catch Documentation Scheme Quality Management System for Fisheries to the NFA.

Week 5 – 23 – 25 September Monday, 23 September Final Meeting with the NFA in Port Moresby.

Meeting with the EC Delegation in Port Moresby, Final Report drafting.

Tuesday, 24 September Final Report drafting (with all Annexes).

Wednesday, 25 September Submission of the Final Report, departure from PNG.

For understanding the methodological approach to the assignment, it is useful to refer to definition of the Catch Documentation Scheme, which is a system of information collection and recording, which covers all fish from the point of first capture by a flag State through international trade routes (i.e. imports, exports and re-exports) if applicable, and/or farming operations if applicable, to the State of final destination. Catch Documentation Scheme was introduced in PNG in September 2012 when major Forms have been developed. It is important to emphasize that Catch Documentation Schemes in PNG was designed to provide evidence that fish have been caught legally and in compliance with



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applicable regulations and management measures, as required by the EU Regulation 1005/2008. However, such Scheme is not designed to verify that the fish catch is sustainable, nor that it meets health and sanitary requirements. Health and sanitary issues are covered by existing health and veterinary regulatory systems, and although health and sanitary forms may contain some of the same information, they have no direct connection to catch documentation schemes. Data types needed for compliance (Illegal/Unregulated versus Unreported) could be classified as following: Caught:

1. By Whom... 2. Where… 3. In What Quantity... 4. How... 5. When...?

Provided NFA Forms N° 1, 2, 3 and 4 contain all the necessary information:

NFA Catch Documentation Scheme Form No. 1 – Fish Transhipment Form;

NFA Catch Documentation Scheme Form No. 2 – Fish Landing in Port Form;

NFA Catch Documentation Scheme Form No. 3 – Cold Storage Raw Material Withdrawal Form;

NFA Catch Documentation Scheme Form No. 4 – Verification of End Product Usage.

Illegal/Unregulated: Primarily concerned with Vessel ID & Fishing Ground – data on

Vessels ID + Fishing Grounds (relevance to PNG in light of the established Vessels Monitoring System, which is operational only in Port Moresby and not in other ports: Wewak, Madang or Lae).

Unreported: Primarily concerned with catch quantity, perhaps closure period and gear type (of particular importance to PNG, as there are difficulties in reporting quantity of classified and unclassified catches).

Compliance:

All data types are relevant for verification

Science: Primarily concerned with Area, Quantity, Season For the purposes of this assessment, three pillars of the Catch Documentary Scheme can be identified:

Inclusivity; Impermeability; Verifiability.



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Each of this pillars was examined in turn to illustrate the major challengers in relation to NPG CDS by the Technical Report on how to consolidate and strengthen the PNG Catch Documentation Scheme Quality Management System for Fisheries.

4. Delivery of Terms of Reference

Delivery of the Terms of Reference could be best presented in a Table format (as suggested by the Reporting Requirements for the Final Report).

Terms of Reference

How delivered through the assignment?

1. Briefing organised by the ACP Fish II Programme, for the NFA and provincial fisheries departments or agencies to draft and agree on a detailed work plan.

Completed on 13 July in Brussels at the ACP Fish II Programme location – detailed work plan was agreed for each mission of the Expert.

2. Establish a Technical Team (TT) to provide advice and monitor project implementation including at least 2 NFA officers.

The NFA Technical Team was established already (see list of Members of the Technical Team presented in Section 1 of the Final Report – Approach to the Assignment). During the first meeting held on 5 August with the NFA TT it was agreed to work closely with 2 NFA officers, members of the TT, Mr. Alois Kinol (IUU Coordinator) and Ms. Ms. Yaniba Koimilla B. Alfred (Senior CDS Officer) – see also Annex 2 to the Final Report with list of meetings held by the Expert.

3. Visit 3 the provincial towns of Wewak, Madang and Lae to consult with the National Fisheries Authority Port Offices, the fishing industry and line departments or agencies involved in trade and food safety, and other relevant stakeholders.

Visits of Wewak (from 8 to 11 August 2013), Madang (from 11 to 14 August) and Lae (from 14 to 23 August) and meetings with the NFA Port Officers, Customs Authorities, fishing industry and various other stakeholders have been conducted as planned (see Annex 2 to the Final Report with exact information on dates and meetings organised).

4. Identify and collect all relevant documentation and information such as MCS strategies, trade agreements, policies and relevant legislation.

All relevant documents (forms, agreements, procedures, reports, strategies, legislation, etc.) have been collected and assessed (List of Consulted Documents is presented in Annex 3 to the Final Report)



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5. Review and analyze all the documentation and information collected under so as to develop a CDS draft national plan of action and Technical Report to strengthen and consolidate the CDS quality management system (QMS).

All documents and information collected was reviewed and analysed by the Expert and two documents have been presented to the NFA:

a) The PNG Catch Documentation Scheme National Plan of Action;

b) The Technical Report on how to consolidate and strengthen the PNG Catch Documentation Scheme Quality Management System for Fisheries.

6. Prepare and facilitate a 2-day Port

Workshop in Lae, Morobe province (for approximately 20 stakeholder participants), to discuss the first draft CDS national plan of action framework and the Technical Report on the CDS QMS.

A 2-Day Workshop was orgnised in Lae with 26 participants - see Annex 4 to the Final Report with the Report on Lae Workshop prepared by the Expert with the following Appendixes:

Appendix 1 - Programme of the Workshop;

Appendix 2 - List of Participants; Appendix 3 - Power Point

Presentation; Appendix 4 - Pictures taken

during the Workshop.

7. Review the draft CDS national plan of action and the QMS in light of the findings and recommendations of the Port Workshop

Both documents: the PNG Catch Documentation Scheme National Plan of Action and the Technical Report on how to consolidate and strengthen the PNG Catch Documentation Scheme Quality Management System for Fisheries were amended in light of the findings and recommendations provided by the participants of the Lae Workshop.

8. Convene a one day information session in Port Moresby for an indicative number of 30 stakeholder participants to present the second draft national plan of action and QMS. The NFA will be in charge of the organization and logistics through its contribution towards co-funding this project.

One Day Information Session was conducted on 19 September at the NFA premises. The PNG Catch Documentation Scheme National Plan of Action was discussed and matrix in a Table Format was completed with concrete activities.

9. Finalize the CDS national plan of action and QMS for NFA review and

Final drafts of the CDS national plan of action and Technical Report on QMS



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approval. were presented by the Expert on 20 September.

5. Conduct and details of the assignment including visibility activities

During the first Mission the Senior Trade Expert was visiting all major ports of PNG (see Annex 2 attached to the Final Report providing information on all the activities of the Expert during the Mission). The Workshop conducted in Lae on 19-20 August gathered together 26 officials. There was also an article published in the National on 27 August. It should be indicated that the Catch Documentation Scheme was introduced in PNG in August 2012 and is in the first phase of implementation (as it is in operation for less than one year in Papua New Guinea). At the beginning the coverage level in some ports was not fully effective due to the lack of human resources and engagement of observers on a rotational basis depending on the number of availability of observers on standby. Besides, monitoring took place during day shifts and not after hours or night time. As a result, monitoring was incomplete and a lot of data was missed out. The NFA rectified that situation, and since February 2013 surveillance is for 24 hours/ 7 days a week (both night and day shifts were established in ports of Madang and Lae). The PNG Catch Documentation Scheme has a lot of importance with regards to other elements of the Monitoring, Control and Surveillance, such as Audit & Certification, Enforcement, and indirectly policy making of sustainable fishery management. The Technical Report of the Expert provides information on the Forms developed by the NFA and information collected within the CDS operation (see Annex 5 to the Final Report). The activities of the Trade Senior Expert were mainly focused on the preparation of the PNG CDS National Action Plan, which covers all activities to prevent, deter and eliminate illegal, unregulated and unreported (IUU) fishing. It has been developed in accordance with the Terms of Reference for Technical Assistance on Trade Facilitation and Standards for Papua New Guinea (ACP Fish-II Project Reference PAC-4.1-B18a) and in line with international and European guidelines for prevention, deterring, and elimination of IUU fishing. The actions that will further enhance and strengthen established the Papua New Guinea Catch Documentation Scheme in order to prevent, deter and eliminate IUU fishing, could be summarized as following: a) International organisations

PNG will continue to cooperate with regional and international organizations and implement their resolutions relating to IUU fishing.

b) Cooperation with EC to combat IUU fishing

PNG will cooperate with the European Union to enforce measures adopted under the EC Regulation against IUU fishing.

c) National It is recognised that existing legal acts in relation to fisheries of PNG do



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legislation

not make a clear reference to Illegal, Unreported and Unregulated Fishing activities. Moreover, definitions of these terms will not be found in the Fisheries Management Act in spite of the amendments made in 2012. Currently, Legal Division of the NFA is undertaken a review and gap analyses to identify what are the areas of major importance in relation to future amendments and what are the required actions (ranging from introduction of new Act or Regulations on Licensing, update of infringements and sanctions section and various others). The following has been suggested in relation to domestic legislation actions to be executed in the nearest future:

A) A Handbook with compete and concise Requirements for Reporting (all operation in relation to the activities of the NFA combating IUU fishing);

B) Guidelines on existing licensing (various types, conditions for being granted, etc.);

C) Powers of officers (Guidelines with explanation and further trainings);

D) Management Plans should be Annual and require review and reporting at the end of each year on progress achieved;

E) Database of all infringements (per port and per penalty applied).

d) Vessels without nationality

Results of the Gap Analyses and Legal Review should be introduced to the National Action Plan in due time (as concrete actions and activities planned).

e) Economic incentives

PNG will continue to take all possible steps, consistent with international and national law, to prevent, deter and eliminate the activities of non-cooperating States engaged in IUU fishing. PNG will continue to cooperate with EU and other States to prevent, deter, combat and eradicate the activities of non-cooperating States that engage in IUU fishing. This would include implementing denial of transhipment and other port facilities to such boats and vessels and imposing trade and other sanctions.

PNG will not provide economic support, including subsidies to companies, vessels or persons that are involved in IUU fishing. Economic support will be withheld from companies, vessels and persons that are involved in IUU fishing.

f) Monitoring, control and surveillance

In order to fulfill its MCS functions more effectively, the different aspects of MCS namely the VMS unit, Ports of PNG (such as Madang, Lae and Wewak) should be linked with a network using a common computer software to share information and ensure uniform application.

It is recognised by the NFA officials in all the ports (but in particular in Madang and Lae, where such activities are taking place on a regular bases) that it is necessary to cover carrier vessels with observer



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programme and ensure that all transhipments at sea are conducted under the surveillance of the observers.

Activities of the Food Safety Inspectors can be carried out by Catch Documentation Scheme Officials – combining Food Safety and CDS Inspection (that will reduce the number of people involved and ensure timely and more efficient execution.

g) Cooperation between States

Papua New Guinea will continue to cooperate directly with the Western and Central Pacific Fisheries Commission (WCPFC) States in the surveillance of the maritime zones of these States under the Regional Surveillance Project which is conducted under the aegis of the FFA. Papua New Guinea anticipates its full involvement in any future MCS programmes to be undertaken in its maritime zones or in the high sea areas by any WCPFC to which it is a party.

h) Publicity

Papua New Guinea uses the media to publicize IUU fishing incidents and resulting convictions as a means of deterring IUU fishing and supporting compliance with international conservation and management measures and the domestic fisheries legislation. Such incidents are also communicated to the concerned Regional Organisation. The measures will be continued and additionally the National Fisheries Authority will henceforth post such IUU incidents in its website http://www.fisheries.gov.pg/.

i) Record of fishing vessels

Data relating to vessels registered in PNG is transmitted to the regional organizations (Western and Central Pacific Fisheries Commission (WCPFC)) and FAO on an annual basis. Any modification of the list submitted will be immediately communicated to these organisations. The transmission to of data pertaining to foreign fishing vessels calling at ports of PNG will be continued.

j) Port inspection data

Data collected on vessels by the observers should be analyzed and recorded for the purposes of the NFA and other relevant authorities. These data could be transmitted to regional or other international (European) organisations (with the appropriate format having due regard to the confidentiality issue).

k) Sighting at sea

Any vessel involved in IUU fishing will be prosecuted under the Fisheries Management Act and its flag State and concerned RFMO will be informed accordingly. To ensure proper application of the Observer Programme it is necessary to cover carrier vessels so that all transhipments at sea are conducted under the surveillance of the Observers.

l) Transparency of markets - Trainings

Technical assistance should be sought to train staff to develop measures to improve the transparency of markets to allow traceability of fish and fish products. The following trainings should be conducted on a regular bases for the

http://www.fisheries.gov.pg/



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NFA officials (following Train Trainers methodology or others):

A) Trainings on International, European and domestic legislation (all aspects – focus on IUU fishing and Food Safety of fishery products);

B) Trainings of Observers (exchange of information and experience, including international and regional focus);

C) Trainings on filling the CDS and other forms (for each port - at least once a year);

D) Trainings for NFA and Customs – joint actions for better communication and transparency of activities, information sharing;

E) Trainings of Inspectors (Official Controls and better techniques for conducting inspections, in relation to IUU fishing too).

m) Internationally agreed market related measures

Papua New Guinea will continue its cooperation with all international, European and regional organisations to which it belongs to combat IUU fishing. This will include implementing trade and other sanctions that may be adopted by such organisations.

The contents of the PNG Catch Documentation Scheme National Plan of Action and of the Technical Report on how to consolidate and strengthen the PNG Catch Documentation Scheme Quality Management System for Fisheries was discussed at the Workshop conducted in Lae on 19-20 August (gathering together 26 officials). There was also an article published in the National on 27 August dedicated to this initiative of the National Fisheries Authority. One Day Information Session was conducted on 19 September at the NFA premises. The PNG Catch Documentation Scheme National Plan of Action was discussed and matrix in a Table Format was completed with concrete activities. Final drafts of the CDS national plan of action and Technical Report on QMS were presented by the Expert on 20 September.

6. Conclusions and recommendations

Activities of the ACP Fish-II Programme appear to be very timely and fully in line with the initiatives of the PNG National Fishery Authority. Both results: the draft PNG Catch Documentation Scheme National Plan of Action and the Technical Report on how to consolidate and strengthen the PNG Catch Documentation Scheme Quality Management System for Fisheries are extraordinarily important for combating IUU fishing in PNG territorial waters. However, no Plans of Action or Quality Management Systems can be imposed without facilitation and engagement of the National Fishery Authority. Each country has its own history, politics, traditions, legislation, institutions and resources, all of which will affect its strategies for concrete actions. Therefore, the draft PNG Catch



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Documentation Scheme National Plan of Action and the Technical Report on how to consolidate and strengthen the PNG Catch Documentation Scheme Quality Management System for Fisheries should be developed taking into account all these factors, in order to ensure that they reflects national needs and national circumstances but at the same time enables compliance with the country’s commitment to combat IUU fishing. In light of the fact that the NFA has already initiated the process of revision of the current legislation, the work of the International Consultant was conducted in close collaboration with and under supervision of the Technical Team of the NFA. Reoccurring problems with European Union regarding rejection of export containers lead to frustration from the NFA, since it is the responsible authority for noncompliance with food safety requirements and IUU fishing combat. Therefore, it is expected that proper functioning of the CDS with sufficient human and technical resources in place would contribute greatly to resolution of problems in relation to imports from PNG. There are two types of recommendations that can be provided by the Senior Trade Specialist for strengthening and consolidating the Quality Management System for Fisheries in Papua New Guinea – general and specific. As to general suggestions, consistent and successive implementation of the National Action Plan adopted by the NFA in due time in relation to the Catch Documentation Scheme combating IUU fishing would help to consolidate and strengthen the Quality Management System for fisheries in Papua New Guinea. Also it should be pointed out that:

Harmonisation should not be focused exclusively on identical approach in filling all the forms and it must be pursued in parallel with scheme improvements and controls to be conducted enforcing the schemes and verifying the information provided by the completed documents.

The objectives of the established PNG Catch Documentation Scheme must be sufficiently similar or even identical to the objectives identified by the EU Regulation and for this assessment and revision of the domestic legislation in relation to IUU fishing would be highly recommended.

The ability of an established CDS to provide meaningful data may be determined by whether the species of interest can be easily distinguished; whether the National Fishery Authority is fully engaged in participating in such scheme; and whether the regional authorities also effectively implemented the scheme.

A number of specific recommendations based on the information received during the field visit can be provided:

Proper arrangements for office space are yet to be established with the accompanied transport services in a number of ports (more specifically for Wewak);

Guideline to be developed for Reporting Requirements in all ports;



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Proper electronic equipment for the observers and CDS officers of the NFA for independent and secure storage and transmission of information (in all ports);

Since the CDS programme is now requires 100 % coverage, the required number of CDS officers should be engaged in execution of the activities 24 hours / 7 days a week;

Food safety and CDS inspections are ultimately connected and are of a prime concern for the NFA, possible administrative set up should be considered to combine both types of inspections (food safety and CDS, provided qualified officers do that).