A Framework for coastal fisheries aquaculture data governance

A Framework for coastal fisheries & aquaculture data governance – Legal aspects First Regional Technical Meeting for Coastal Fisheries and Aquaculture Noumea, 28 November – 1 st December 2017

HOF 10 Meeting Outcomes 2017 • SPC should take the lead on CF&A data: • (#53) Propose TOR of a formal body to ensure regional data standardisation and maintenance of minimum data standards • (#55) Look for and recover historic data and convert them into a useable format for PICTs • (#55) Use of CFP as a repository for all forms of coastal fisheries and aquaculture data as a backup to national systems

Oceanic & coastal – a similar motivation • Introduction of regional standards in oceanic fisheries data collection responded to evidence of overexploitation • Before LOSC (1982 Convention) but during UNCLOS I, II & III discussions (Conferences) • Coastal fisheries resources are now showing signs of depletion and overfishing • Science is needed to achieve sustainable management through informed decisions

Tuna Fishery vs CF&A – some differences • DCC started as a voluntary/informal arrangement on regional standardisation of tuna fisheries data • It assists PICTs with data collection for highly migratory species as required by treaties • CF&A in the Pacific deal with domestic resources (not shared/transboundary) • CF&A data collection is not addressed consistently in international law (requirements are scattered across the range of CF&A activities)

Law of the Sea requirements • Coastal States shall determine: • the allowable catch of living resources in EEZ • their capacity to harvest the allowable catch • the surplus available for other States OF FS HO RE ØStock assessment (goal: optimum utilisation/effort) • State parties are required to exchange data & info on fish stocks through international bodies (subregional, regional or global), including with fishing nations • Mainly applicable to highly migratory species (shared) • LOSC ’ 82 implementation > UNFSA ’ 95 (stds) > WCPFC 2000

Requirements affecting CF&A data Multilateral Environmental Agreements provide on: • Sustainable management of resources • Data collection by States • Reporting requirements • Exchange of data and information • Scientific research Relevant texts CO AS TA L • Ramsar 1972 - wetlands • CITES 1973 - trade in specimens of regulated spp. • CBD 1992 – biol. diversity • OIE – animal health/listed diseases • FAO Constitution - statistical, technical and other information • LOSC 1982 – cooperation in marine research

Recommendations on CF&A data CO AS ‘Soft law’ provisions include: Relevant texts • Conservation & sustainable management of resources • Informed decision-making • Fisheries & aquaculture data collection & exchange • Encourage State to implement recommended measures & monitor progress (indicators) • FAO Code of Conduct 1995 • FAO SSF Guidelines 2015 • UN SDG 14 on oceans, seas and marine resources 2015 • SAMOA Pathway – UN Res. • Pacific Fisheries Roadmap • SPC New Song (Overarching Outcome 2 & Outcome 2) – Coastal Fisheries Report Card TA L

Goal 3 – Livelihoods & Food Security Goal 1 – Empowerment Coastal Fisheries Report Card 2017

Domestic legislation to implement international law • General management principles • Standards for data collection & exchange at regional level • Informed decision-making for sustainable management • Sharing of data from research projects • Record keeping & monitoring by central/local fisheries administrations • Reporting by communities, fishers, farmers, dealers • Provisions on confidentiality & copyrights • Sanctions for non-compliance (+ warnings) • Tools to measure subsistence activities (census…)

Is this sufficient? • How do we make sure data are collected & exchanged according to regionally-agreed minimum standards? • Would a regional cooperative arrangement (e. g. MOU) on CF&A data collection & sharing be useful? • How should we secure compliance by all partners involved in data collection? • More in Information Paper No. 11

Memorandum of understanding: content? • Commitment to collecting CF&A data and reporting them to SPC in accordance with regionally-agreed minimum standards (via DSC) • Long-term storage of data in countries & at SPC • Access to data (who, how, what…) - countries own the data • Use of data (analysis, publications, dissemination) • Exchange of data (between countries, via SPC…) • Confidentiality & copyrights

THANK YOU! MERCI! GRAZIE! Ariella D’Andrea, Coastal Fisheries and Aquaculture Legal Adviser, ariellad@spc. int