HONG KONG GOVERNMENT RESPONSE TO SOUTHERN OCEANS

UNCLAS HONG KONG 000837 SIPDIS SIPDIS STATE FOR EAP/CM AND OES/E E.O. 12958: N/A TAGS: CH EFIS HK KTIA PHSA SENV SUBJECT: HONG KONG GOVERNMENT RESPONSE TO SOUTHERN OCEANS FISHERIES DEMARCHE REF: STATE 20633 ¶1. (U) SUMMARY: AmConGen Hong Kong Economic Officer and Deputy Agricultural Section Chief delivered reftel message to Dr. S.F. Leung, the Hong Kong Agriculture, Fisheries and Conservation Department's (AFCD) Assistant Director (Fisheries),and Dr. Albert Leung, Senior Fisheries Officer at AFCD. S.F. Leung replied that Hong Kong acknowledges the problem, but currently lacks the legislative framework to seize illegal, unregulated and unreported (IUU) toothfish shipments. He noted that the Hong Kong government (HKG) has worked with Australia and the Commission of Antarctic Marine Living Resources (CCAMLR) on how best to address the issue. He pointed out that mainland China's membership in CCAMLR will allow for better coordination and prompt seizure of IUU shipments once they cross the border. However, he doubted the ability of Hong Kong in the short term to pass the legislation needed for Hong Kong to become a CCAMLR member and implement a Catch Documentation Scheme (CDS). He also noted that close monitoring and coordination with international partners has caused the trade in toothfish to drop considerably in Hong Kong since 2003. END SUMMARY. ¶2. (U) AmConGen Hong Kong Economic Officer and Deputy Agricultural Section Chief delivered message on IUU toothfish to Dr. S.F. Leung, the Hong Kong Agriculture, Fisheries and Conservation Department's (AFCD) Assistant Director for Fisheries, and Dr. Albert Leung, Senior Fisheries Officer at AFCD. S.F. Leung replied that Hong Kong is fully aware of the problem and doing all it can to protect these resources. AFCD officials have worked closely with the Secretary of the Commission of Antarctic Marine Living Resources (CCAMLR) and with representatives from Australia and mainland China on this issue. However, Hong Kong currently lacks the legislative framework to implement a Catch Documentation Scheme (CDS). He elaborated that without domestic laws to enable the Hong Kong government to seize suspect shipments, the HKG lacks the authority at present to do anything other than monitor the shipments. He stated that most of the toothfish entering the territory come from ships registered to Australia, New Zealand, Norway, South Korea, and Japan. Given that these countries abide by CCAMLR regulations, Hong Kong does not view these landings as a problem. He stated that the HKG communicates closely with sending and receiving countries when it suspects a shipment of IUU toothfish. Furthermore, regarding suspect mainland Chinese vessels, S.F. Leung believes that China's entry into CCAMLR will help Hong Kong get around the gap in their legal system that prevents implementation of CDS. Since most toothfish transshipments are destined for mainland China, Hong Kong can now inform mainland authorities of suspect IUU shipments. Hong Kong hopes that Chinese authorities, now empowered through CCAMLR membership, will investigate and seize these illegal shipments. ¶3. (U) Economic Officer asked when Hong Kong plans to draft laws that would allow the HKG to implement CDS and seize IUU toothfish. S.F. Leung replied that AFCD has brought the issue up with the Central Policy Unit, which is responsible for making recommendations on drafting new laws. However, he replied "honestly speaking, despite our best efforts to highlight this problem, it is very hard to make this a priority legislative issue considering all the other pressing domestic issues that the government must address." He anticipated that it would take at least a couple of years before new laws would be drafted and implemented. Meanwhile, he underscored that close monitoring has revealed a considerable decline of toothfish entering Hong Kong. AFCD figures reveal that 96 tons of toothfish entered Hong Kong in ¶2003. After a brief spike to 220 tons in 2004, the number dropped sharply to 20.5 tons and 21 tons in 2005 and 2006 respectively. Economic Officer reiterated the importance of this issue. S.F. Leung replied that the HKG will continue to work with its partners to protect these resources. CUNNINGHAM