Legally Enforceable Data Collection Seventh Tuna Data Workshop

Legally Enforceable Data Collection Seventh Tuna Data Workshop Noumea, April 2013

Why collect data? l Scientific and management purposes l Development initiatives l Compliance and enforcement activity l International and regional obligations l Market requirements

Why do you need a legal framework for data? To ensure it is provided and accurate

What is legally enforceable data collection? l Collection of data: ¡according to requirements that are stipulated in legislation; ¡with prescribed penalties for non-compliance; and ¡structured in such a way as to withstand legal/administrative challenge.

How does this legal framework – and is it sufficient?

Legislative framework l Legislation Ø Acts l Subordinate legislation Ø Regulations l Legislative instruments Ø Management Plans, Determinations, Directions, Notices l Administrative instruments Ø Permits, Licences, MOUs, Access Agreements

Legislative framework l Legislation EASE OF USE PENALTIES l Administrative instruments TRANSPARENCY l Legislative instruments POWER l Subordinate legislation

Typical structure l Fisheries Act has a general statement ¡ E. g. the State may collect any data as required or necessary to manage the fishery. l Regulations provide further detail on the high level matters ¡ In particular fines associated with not providing data or specific types of data (Act can specify fines as well). l Access agreements include broader requirements l Licence conditions define specific components of reporting that apply to a licenced vessel (fishing or carrier vessel).

What needs to be covered? l What data needs to be collected? l Who is required to collect it and who do they give it to? l How should it be collected? l When do they need to collect it and provide it? l Why? What are the consequences of not complying?

FFA Legislative reviews l FFA is reviewing and preparing fisheries legislation for 13 countries. l For some, assistance has also included the preparation of regulations, licence conditions and agreements. l The primary legislation has been submitted for FSM, Fiji, Kiribati, Tuvalu. l Solomon Islands, Samoa, Niue, Vanuatu are ongoing.

FFA Legislative reviews l Most members do have a head of power to collect information either in an Act or in Regulations. l The mechanism to prescribe the data to be collected varies widely l Many rely on access agreements l Evolution of technology and admissibility of data

Licence conditions: Harmonised Minimum Terms and Conditions l Licence conditions are the lowest form of legislation, but often the easiest to change, implement and enforce. l FFC has endorsed a standardised set of Minimum Terms and Conditions (MTCs). These are currently being reviewed. l Benefit: ¡ Ensuring that no matter where a vessel operates it is required to operate under the same set of data requirements, ¡ Consistency for enforcement and compliance, ¡ Address primary obligations under WCPFC and FFC commitments.

Key points Elements of legally enforceable data collection l A head of power (preferably in legislation); l Clear articulation (as high in the legislative hierarchy as possible) of: ¡ Who must provide data; ¡ What form they must provide it in; ¡ How regularly they must provide it; ¡ Who they must provide it to; and ¡ What will happen if they don’t.

Conclusion l Are you getting the data you need to manage your fisheries? ¡Remember: you can collect any information you want, just make it a condition of access l Are there issues with getting timely and accurate data? ¡Is the legislative framework sufficient? ¡Is it being used?