Identifier
Created
Classification
Origin
08ROME1387
2008-11-14 07:30:00
UNCLASSIFIED//FOR OFFICIAL USE ONLY
Embassy Rome
Cable title:  

ITALY/IUU FISHING: INFORMATION REQUESTED FOR PURPOSES OF

Tags:  EFIS SENV ETRD ICCAT IT 
pdf how-to read a cable
VZCZCXRO0809
RR RUEHFL RUEHNP
DE RUEHRO #1387/01 3190730
ZNR UUUUU ZZH
R 140730Z NOV 08
FM AMEMBASSY ROME
TO RUEHC/SECSTATE WASHDC 1165
RUCPDOC/USDOC WASHDC
RUCPDC/NOAA NMFS SILVER SPRING MD
INFO RUEHMIL/AMCONSUL MILAN 9658
RUEHFL/AMCONSUL FLORENCE 3297
RUEHNP/AMCONSUL NAPLES 3454
RUEHBS/USEU BRUSSELS 4689
RUEHCP/AMEMBASSY COPENHAGEN 0546
RUEHRB/AMEMBASSY RABAT 0419
RUEHFR/AMEMBASSY PARIS 2462
RUEHMD/AMEMBASSY MADRID 1871
RUEHTH/AMEMBASSY ATHENS 1873
RUEHVT/AMEMBASSY VALLETTA 0864
UNCLAS SECTION 01 OF 04 ROME 001387 

SENSITIVE
SIPDIS

STATE FOR OES/OMC - D. WARNER-KRAMER
USDOC FOR NOAA/NMFS - L. CIMO

E.O. 12958: N/A
TAGS: EFIS SENV ETRD ICCAT IT
SUBJECT: ITALY/IUU FISHING: INFORMATION REQUESTED FOR PURPOSES OF
THE HIGH SEAS DRIFTNET FISHING MORATORIUM PROTECTION ACT

REFS: A) 10/31/08 PRESTON - WARNER-KRAMER E-MAIL
B) 10/30/08 PRESTON-CIMO E-MAIL C) STATE 104929

UNCLAS SECTION 01 OF 04 ROME 001387

SENSITIVE
SIPDIS

STATE FOR OES/OMC - D. WARNER-KRAMER
USDOC FOR NOAA/NMFS - L. CIMO

E.O. 12958: N/A
TAGS: EFIS SENV ETRD ICCAT IT
SUBJECT: ITALY/IUU FISHING: INFORMATION REQUESTED FOR PURPOSES OF
THE HIGH SEAS DRIFTNET FISHING MORATORIUM PROTECTION ACT

REFS: A) 10/31/08 PRESTON - WARNER-KRAMER E-MAIL
B) 10/30/08 PRESTON-CIMO E-MAIL C) STATE 104929


1. (SBU) Summary. In response to USG request for information
pertaining to the Driftnet Moratorium Protection Act, the Government
of Italy (GOI) stresses additional measures that it has taken in
2008 to combat illegal, unregulated, and unreported (IUU) fishing by
Italian fishing vessels. Those measures include a ban on low-level
flights in the southern Tyrrhenian Sea (to prevent the use of
spotter planes); legal changes increasing the sanctions for
fisheries violations and making the possession on board of
illegal/unauthorized fishing equipment a violation; and a strong
enforcement effort, in coordination with other European Union (EU)
member states and the EU Community Fisheries Control Agency (CFCA).
The GOI also provided additional information regarding its
submission of data, through the EU, to the International Commission
for the Conservation of Atlantic Tunas (ICCAT),and on the
licensing, monitoring and control of fishing and support vessels.
Finally, GOI authorities described their support for a one-year
ICCAT moratorium on bluefin tuna fishing in 2009, and their plans to
conduct a fleet reduction program in 2009 which they hope will
result in a 30-percent reduction in the Italian purse seine fleet.
End Summary.

Fisheries DG, Coast Guard respond to U.S. questions
-------------- --------------


2. (U) SCICouns transmitted ref c) points and questions regarding
the High Seas Driftnet Fishing Moratorium Protection Act to the
Italian Ministry of Agricultural, Food and Forest Policies and to
the Ministry of Foreign Affairs on 7 October, 2009. Marine
Fisheries and Aquaculture Director General (DG) Francesco Abate
responded to the questions in a letter dated 24 October, 2008.
Following a 29 October meeting with DG Abate; Fisheries Director
Plinio Conte; National Fisheries Control Center head (and Italian
Coast Guard Commander) Oreste Pallotta; and Coast Guard Lieutenant
Commander Fabio Rivalta, in which Post requested clarification of
some points, DG Abate wrote a second letter on 5 November,
containing additional information. The information below is drawn

from the two letters, from discussions in person, by telephone and
e-mail with GOI officials, and from the Port Captaincy's Final
Report of Italian participation in the European Union (EU) 2008
Bluefin Tuna Fishing Monitoring Campaign in the Mediterranean. A
hard copy of the report, some of which is in English, will be mailed
to Dr. Rebecca Lent (NMFS - Silver Spring). The information below
is organized to respond to ref c) questions, which also are
included. The Italian authorities expressed willingness to provide
additional information, if needed by Washington agencies.

Q and A: ICCAT Reporting
--------------


Q. What steps has Italy taken to improve its data collection and
reporting to ICCAT?


3. (SBU) A. Italy is represented at ICCAT by the European
Commission (EC). Since the European Union is the entity which is an
ICCAT member, Italian catch data are sent to the EC for transmission
to ICCAT. In the case of bluefin tuna, pursuant to ICCAT
recommendation 06-05, the Fisheries Directorate requires fishers
(generally the ship-owners or fishers' associations) to report their
catch data to the Directorate every five days by e-mail, mail or
fax. The Directorate, after minimal turn-around time to check the
data and convert it to an electronic format, then sends the
information by e-mail to the EC. The more detailed fishing vessel
log book data is collected by the port authorities, who then send it
to the Fisheries Directorate. The Fisheries Directorate combines
that information with that regarding fixed tuna traps and sport
fishing, and sends it to the EC on the fifteenth of every month (and
sometimes more often) through the EU's FIDES Fishery Data Exchange
System. The GOI authorities were not aware that the EC had not
submitted Italy's monthly and five-day catch data to ICCAT in a
timely way, and could not offer an explanation as to why that might
have happened. They recommended that the USG seek more detail on
that question from the EC. They also noted that they are working on
replacing paper record submission with electronic data submission,

ROME 00001387 002 OF 004


but that it is not a quick process.

Q and A: Anti-driftnet enforcement
--------------


Q. Has any action been taken to address the alleged driftnet fishing
activity described in various NGO reports?


4. (SBU) A. A significant portion of Italy's enforcement vessels,
in the 2008 fishing season, were dedicated to the EU bluefin tuna
Joint Deployment Plan described below. However, Italy ensured that
enforcement of other fishing regulations, including those regarding
driftnets, also continued. Over the course of the 2008
anti-driftnet enforcement efforts, 429,725 meters of driftnets were
seized by port authorities, the Coast Guard, and the Financial
Police (Guardia di Finanza) in Catania, Messina, and Palermo (all in
Sicily); Reggio Calabria; Naples; and Lazio (the region in which
Rome is located). Two changes supporting anti-driftnet enforcement
efforts in 2008 were the toughening of sanctions for illegal fishing
and the inclusion of "possession on board of illegal/unauthorized
fishing equipment" as a violation triggering sanctions (see para 11
for more detail).


5. (SBU) Regarding the case of Diomede II, mentioned in ref c)
points: Diomede II is authorized to use "ferrettara" nets, which
have a smaller mesh size (180 millimeters) than the driftnets once
used to catch swordfish and tuna ("spadare," in Italian). The
ferrettara nets also are deployed in a different way. Under Italian
regulations, ferrettara nets may not be longer than 2.5 kilometers
and may not be used more than 10 miles from the coast. Under EC
regulation 1239/98, Annex VIII, ferrettara nets may not be used to
set on swordfish or various tunas, including bluefin tuna; however,
some by-catch of those species is allowed in the course of fishing
for permitted species such as salpa and mackerel. On May 8, the day
following the sighting by Greenpeace mentioned in ref c),the
Messina Coast Guard formally cited Diomede II for using 2.8
kilometers of ferrettara net, instead of 2.5 kilometers. This
likely led to the seizure of nets and the imposition of a fine; the
Italian authorities did not have the details at hand to confirm the
exact penalty applied. They commented that, while they were not
familiar with the details of the Oceana report mentioned in ref c),
it was likely that many of the vessels observed by the group were
actually authorized to fish with ferrettara nets, and that the nets
seen in the photographs were ferrettara nets, rather than driftnets
(spadare).

Q and A: Anti-spotter-plane enforcement
--------------


Q. Has any action been taken to address the alleged use of spotter
planes by Italian vessels fishing for bluefin tuna?


6. (SBU) A. Italy participated actively in the EU's 2008 Bluefin
Tuna Joint Deployment Plan (JDP),which was coordinated by the
Community Fisheries Control Agency (CFCA) and involved joint action
by accredited ICCAT inspectors and vessels from Italy, France,
Spain, Greece, and Malta, for monitoring bluefin tuna (BFT) fishing.
Italy contributed more vessels than any other member state, and was
the only member state to provide airplanes for aerial surveillance.
The JDP included 210 aerial reconnaissance flights and 29 aerial
inspections. The Italian national plan included an additional 14
aerial reconnaissance flights and 28 aerial inspections. More data
is available on pp. 18-19 of the Port Captaincy's JDP Final Report
mentioned in para 2.


7. (SBU) Because Italian regulations do not permit the prohibition
of spotter plane flights unless the planes' illegal support to BFT
fishing is proved, in 2008 the Coast Guard also worked directly with
the institutions responsible for commercial flight control to obtain
a specific advisory notice ("NOTAM") forbidding any private
low-level flights in the southern Tyrrhenian Sea during intense
periods of BFT fishing aerial surveillance. This measure appears to
be the only such provision in the Mediterranean area; in the 20 June
2008 JDP Steering Group meeting, the CFCA urged other member states
to adopt similar measures (see minutes included in the JDP Final
Report). The 2008 JDP and Italian national aerial campaigns led to

ROME 00001387 003 OF 004


the identification of six illegal spotter planes and the initiation
of legal sanction procedures against them. The court case against
the U.S.-registered plane N-337SM, which was identified on 5 June
2008 as having been used as a spotter plane for BFT fishing off of
Sicily, also includes two associated fishing vessels (see Annex
VI(2) of the June 20 JDP minutes).

Q and A: Fleet monitoring, registration and licensing
-------------- --------------


Q. 1) What other steps has Italy taken to ensure effective
monitoring and control of its fleet and support vessels, such as
transshipment/carrier vessels? 2) Specifically, what are the
requirements for fishing and support vessel registration and
licensing and which part of the Italian government is responsible
for these activities?


8. (SBU) A. 1) In addition to the JDP and Italian national plans
mentioned above, two Italian Coast Guard officials are working at
the EU CFCA operations center in Brussels. More than eighty Italian
Coast Guard officials have been accredited as ICCAT inspectors,
after receiving the required training from the CFCA, at Italy's
National Research Council facility in Ancona, and at other seminars
and roundtables in Reggio Calabria, Livorno, Naples, Ancona, etc.

A. 2) The Fisheries Directorate is the GOI entity responsible for
fishing licensing. Regarding commercial fishing in general, the
Italian law providing the basis for issuing fishing licenses is
Agriculture Ministerial Decree 26 of July 1995. (Post can e-mail
Italian-language copies of this decree and other laws upon
request.)


9. (SBU) Regarding bluefin tuna (BFT) fishing authorization, the
requirements for vessels to obtain the authorization are those
provided for in ICCAT Recommendations and in current EU regulations.
Both BFT fishing vessels and BFT support vessels are included in a
special list; updates to the list are transmitted continuously to
ICCAT by the Fisheries Directorate. There are just a small number
of authorized BFT support vessels, which primarily transport food
for tuna ranching pens. However, many small vessels in Italy are
authorized to transport sailors and goods in general.


10. (SBU) The GOI authorities noted that the September 2008 World
Wildlife Fund-commissioned report on Italy's BFT industry
incorrectly includes many of these small transport vessels on lists
of BFT fishing/support vessels. They also noted that the vessel
"Luca Maria" which Greenpeace observed in 2007 in the area of BFT
fishing grounds (mentioned in ref c)),was authorized only for
transport, and not for fishing or BFT ranching support. After the
Greenpeace sighting, it was inspected, but no nets were found on
board. Since it was appropriately registered as a transport vessel,
on the small vessels registry of the Port Captaincy/Coast Guard
office in Cetara (south of Naples),and there was no evidence of
fishing activity, it apparently was not sanctioned. (Transport
vessels are not required to carry "blue box" transponders on board.)
The Luca Maria is currently not even authorized to transport goods;
it is registered for only "personal use."

Q and A: Legal basis for sanctions and enforcement
-------------- --------------


Q. What punitive actions can Italy take against its vessels that are
found to be operating illegally? What law or laws provide the basis
for monitoring, control and enforcement of the Italian fishing fleet
and support vessels?


11. (SBU) A. The legislation providing the legal basis for Italian
fisheries monitoring, control and enforcement is Law 963/65, which
was modified by Decree Laws 153 and 154/2004. Those laws recently
were modified by Law 101/2008 which, by converting into law the
Decree Law 59/2008, doubled fines for fisheries violations, and
added important additional sanctions. Law 101/2008 also included,
as violations of law, actions such as 1) the possession on board of
fishing equipment that is "illegal, unauthorized, or not in
conformance with the applicable regulations" and 2) violations of
fishery recovery plans, including that for bluefin tuna.


ROME 00001387 004 OF 004



12. (SBU) The administrative sanctions imposed by Law 101/2008 for
possession on board of illegal/unauthorized fishing equipment
include fines of 1000-6000 euros; confiscation of the catch;
confiscation and destruction of the illegal/unauthorized equipment
(except for the fishing vessels themselves) at the cost of the
violator; and, in cases of repeat offenders, the suspension of
fishing licenses for 10-30 days. The sanctions for violations of
fishery recovery plans include fines of 2000-12,000 euros. While
most fisheries violations (lack of pre-notification, inadequate
product traceability, lack of authorization) are punished with
administrative sanctions such as those above, fishing for catch
below minimum size limits is punished with penal sanctions.

GOI support for ICCAT BFT moratorium, fleet reduction
-------------- --------------


13. (SBU) Per refs a) and b),Fisheries DG Abate also said on 29
October that he had just come back from Brussels, where the topic of
discussion was what mandate to give the EU Commission regarding
bluefin tuna for the 17-24 November ICCAT meeting in Marrakesh,
Morocco. He said that he had asked the EU to support closing the
fishery to all countries for a year, noting "There is no point in
the EU stopping, and other countries not stopping." As a result of
his intervention, he said, the Commission is now free to agree to a
moratorium, as well as to reductions in quota or fishing days.


14. (SBU) DG Abate also said that his Ministry is about to announce
a new program with strong incentives for fishermen to get out of the
bluefin tuna purse seining business, in order to reduce
overcapacity. He noted that they are hoping for a 30% reduction in
2009 alone. The program is with Agriculture Minister Zaia for his
signature now. Agriculture Diplomatic Advisor Giorgio Starace said
that he is pushing for it to be signed as soon as possible, but that
it will not be easy to implement. According to Coast Guard Comm.
Pallotta, the program will be co-financed 50/50 by the European
Union and by the Italian Treasury.

Spogli