SURVEY OF MARITIME SURVEILLANCE AND FISHERIES ENFORCEMENT

UNCLAS SECTION 01 OF 04 KOLONIA 000102

SENSITIVE
SIPDIS

DEPT FOR OES, HOLLY KOEHLER
EAP/ANP
SUVA FOR JOE MURPHY

E.O. 12958: N/A
TAGS: EFIS ECON EAID PREL AORC FM
SUBJECT: SURVEY OF MARITIME SURVEILLANCE AND FISHERIES ENFORCEMENT
IN THE FEDERATED STATES OF MICRONESIA (FSM)


1. (U) Summary. The upcoming sub-committee meetings of the
Western and Central Pacific Fisheries Commission (WCPFC),
scheduled for September and October, will address unresolved
issues of maritime surveillance and enforcement of the
Convention area. However, the FSM suffers from ineffective
maritime enforcement due to unresolved WCPFC issues, namely lack
of funding for patrol missions and inaccessible surveillance
data. FSM Maritime Enforcement officers and government
officials generally agree that surveillance and enforcement
measures require changes, but it remains to be seen if WCPFC
will take appropriate action. End Summary.

UPCOMING WCPFC MEETINGS
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2. (U) Pohnpei state, in the Federated States of Micronesia
(FSM),will host two sub-committee meetings of the WCPFC in the
fall of 2009. The 2nd annual Ad Hoc Task Group (AHTG) Meeting
on Data will be held on September 28 and 29. Representatives
from Japan, Korea, the United States, and several Pacific island
nations are expected to attend. The 5th Regular Session of the
Technical and Compliance Committee Meeting (TCC5) will be held
directly afterward, on October 1-6. Attendees should include
Australia, Canada, China, the European Community, Japan, Korea,
and the United States.


3. (U) The AHTG meeting should produce a final draft of its
"Rules and Procedures for the Protection, Access to, and
Dissemination of Non-Public Domain Data and Information Compiled
by WCPFC for the Purpose of Monitoring, Control or Surveillance
(MCS) Activities in High Seas Areas and Scientific Purposes
(R&P)" document for discussion at TCC5. TCC5 will address the
outstanding issues of surveillance and compliance, namely the
regional observer program, vessel monitoring systems (VMS),and
data management and access.

CURRENT SURVEILLANCE MEASURES
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4. (U) During a June 2009 meeting, WCPFC Compliance Manager
Andrew Richards confirmed that the WCPFC began managing VMS data
of the region's high seas in 2009. The number of authorized
vessels reporting to WCPFC VMS grew from 280 vessels on April 1
2009 to over 1,400 in June 2009. The Pacific VMS in Sydney
sends data to the Pacific Islands Forum Fisheries Agency (FFA)
VMS and WCPFC VMS, depending on the vessel's location. WCPFC
VMS operators receive a report every four hours from each vessel
located in the high seas - Richards estimates that each report
costs the WCPFC about four U.S. cents. WCPFC then relays the
data to Commission members; each member has the sole right to
view the VMS data for its own flag-vessels throughout the high
seas pockets of the Convention area. However, Commission member
states do not have access to the VMS data of other nations'
flag-vessels. Richards noted that secure databases in the
Pacific VMS headquarters currently house the data from WCPFC
VMS.


5. (SBU) WCPFC is expanding its Regional Observer Program (ROP)
on a phased basis. By August and September of 2009, the goal is
to have 100% observer-coverage of "purse seine" vessels in the
Convention area. Richards stated that a major area of focus for
the observers is preventing the use of Fish Aggregating Devices
(FAD) and other illegal fishing. In 2010, 100% planned
observer-coverage of purse seine vessels will increase to 3
months of the year and in 2011 observer-coverage is scheduled to
extend to long-liner vessels. According to Bernard Thoulag,
Executive Director of FSM's National Oceanic Resource Management
Authority (NORMA),the FSM National Observer Program currently
supplies the WCPFC ROP with 40 observers.


6. (U) Apart from VMS and ROP, national patrolling and local
maritime police provide supplementary enforcement for the
convention area, which covers each nation's Exclusive Economic
Zones (EEZs). In the FSM, the National Police Maritime Wing
partners with the Royal Australian Navy and the U.S. Coast Guard
(USCG) to carry out surveillance and enforcement. The Permanent
Shiprider Agreement, enacted between the FSM and the USCG,

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allows USCG ships to conduct enforcement operations within the
FSM EEZ with Micronesian observers riding along. The agreement
was used in Operation Rai Balang in May 2009 to great success
(Note: see paragraph 15). FSM enforcement measures also include
dock-side boardings and observance of VMS data.

SURVEILLANCE LIMITATIONS
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7. (SBU) According to Thoulag and Justino Helgen, Fisheries and
Drug Enforcement Officer of the FSM National Police Maritime
Wing, effective maritime surveillance relies on the efficiency
of a three-part system: VMS, ROP, and patrolling. However,
these three features do not work very well in the FSM. Thoulag
noted that the FSM's patrolling efforts are inadequate as the
country lacks funding for fuel and has just three patrol boats,
only one of which is currently operational. Helgen agreed,
stating that there are times when Maritime Enforcement will see
an unlicensed vessel in the FSM EEZ but cannot send a patrol
boat out for lack of fuel. Further, while Thoulag acknowledged
the necessity of VMS, he noted that only registered vessels can
be tracked. He is concerned about the unregistered vessels that
are unmonitored and illegally fish in insufficiently patrolled
waters. Given that the FSM EEZ spans 1.3 million square miles,
Thoulag explained that it is virtually impossible for his
maritime enforcement unit to effectively patrol the zone with
the FSM's one boat.


8. (SBU) According to Richards, there are significant
unresolved issues concerning costs and staffing for WCPFC's new
surveillance measures. The four cent cost of each data report
"adds up" according to Richards, who stressed that cost is the
Commission's "biggest worry." Moreover, the cost of data
reports and the need for staffing are likely to increase as more
vessels register with WCPFC. Richards also pointed out some
cost recovery issues. For example, a VMS malfunction often
causes an Automatic Location Communicator (ALC) to send 40
reports per hour and WCPFC is forced to pay for those reports.


9. (SBU) Second Secretary and Development Assistance Officer of
the Embassy of Japan in the FSM, Mariko Harada, also discussed
the cost issue. She opined that since WCPFC has only been in
operation for 5 years, "there should not be much increase in the
expenses and member contributions." She said this was
particularly important because some of the developing countries
cannot pay the rising costs. Harada described the new
surveillance measures as costly and "difficult to follow,"
saying that measures "should be implemented in a more cost
effective way."


10. (SBU) Thoulag also stated that there are not enough
observers to cover the 771 purse seine vessels authorized to
fish in the Convention area. While the FSM had expressed the
need to increase its number of observers to at least 50 in March
2009, there are still only about 40 certified observers. The
FSM had only 12.3% observer-coverage of purse seine vessels in
2007, but is scheduled to increase coverage to 100% by 2010.


11. (SBU) Richards said one of the main reasons for WCPFC's
management of the VMS is for national access to flag-vessels in
international waters. However, Thoulag emphasized his interest
in being able to monitor FSM flag-vessels in the Convention area
, but stated that NORMA is still unable to access that data.
Harada said Japan is also unable to access the WCPFC VMS.


12. (SBU) Helgen estimates that fuel for 12 days of
surveillance operations by one patrol boat costs USD 30,000.
Furthermore, one of the FSM's patrol boats is currently in need
of an additional USD 80,000 deposit to its Life Extension Plan,
to which Australia has already contributed more than USD 3
million. A second patrol boat is in need of USD $250,000 in
repairs. These funds are not readily available to the FSM
government. Thoulag said WCPFC incentives for national
governments to allocate appropriate funds to maritime
enforcement and maintenance could improve these programs.

AREAS OF PARTIAL SUCCESS

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_ _ _ _ _ _ _ _ _ _ _ _ _


13. (SBU) Collaboration between small Pacific island nations
has proven effective. Palau, FSM, and the Marshall Islands
enacted a permanent Niue Treaty Subsidiary Agreement (NTSA) in
November 2008. The agreement provides that Pacific Patrol Boat
crews have jurisdiction in all the agreement-members' EEZs.
Helgen said that FSM Maritime Enforcement works closely with
Papua New Guinea (PNG),Palau, and the Marshall Islands to let
one another know when illegal or unlicensed boats are passing
into neighboring EEZs. While Helgen said that patrol missions
are helped by the NTSA, more similar agreements between island
nations would further improve surveillance and enforcement. He
cited a case of the PNG government alerting the FSM to an
unlicensed fishing vessel leaving PNG waters, heading into FSM's
EEZ. Unfortunately, FSM Maritime Enforcement was unable to act
against the vessel due to the nations' separate jurisdictions.


14. (SBU) Bai Xia, First Secretary for Business of the Embassy
of P.R. China in FSM, also noted the inconsistency of fishing
regulations within WCPFC. He said that there seems to be no
standard with regard to the consequences of illegal activity.


15. (SBU) According to Helgen and Thoulag, less developed
member states of the WCPFC could benefit from stronger support
from more developed members. Bilateral operations, including
Operation Big Eye and Operation Rai Balang, have proved that the
use of developed nations' surveillance and enforcement resources
yield successful results. USCG, Australian advisors, US Navy in
Japan, agencies in Guam and Hawaii, and FSM Maritime Wing
collaborated for Operation Rai Balang in May 2009, during which
patrol boats swept the FSM and Palau EEZs. The operation
resulted in sixteen boardings with five citations issued and the
apprehension of one vessel. Commenting on fisheries
surveillance and enforcement, Bai urged developed countries such
as Japan, China, Australia, and the U.S. to take the issue
seriously. He believes that developed countries have an
obligation help the Convention area, be it through
technological, personnel, or monetary assistance.

DATA MANAGEMENT AND ACCESS
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16. (SBU) Helgen believes prohibitions on data access have
hindered maritime enforcement. He criticized observer use,
noting that during dock-side boardings FSM maritime enforcement
officers lack access to observer log books. Observers must
first submit data to NORMA, which then redistributes the data to
maritime enforcement. Helgen explained that by the time he
receives the observer data, the fishing vessel will have already
left the port and he will be unable to cross-check observer data
with the vessel's fisheries log.


17. (SBU) Similar limitations on VMS data have also effected
patrolling. Helgen explained that by the time FSM officials see
that an unlicensed vessel is in the FSM EEZ, it is often too
late to send out a patrol boat. He said that fishermen know
that it can take an FSM patrol boat 2 to 3 days to reach the EEZ
borders. Illegal vessels will fish in FSM waters and then slip
back into international waters before patrol boats can arrive.


18. (SBU) Making data more readily available could solve these
problems. The ability to view VMS data of vessel activity in
the high seas pockets could improve FSM maritime enforcement
capabilities. Helgen said the ability to see an unlicensed
vessel heading in the direction of the FSM EEZ would allow
patrol boats to better prepare for the eventual EEZ-entry.
[Note: The AHTG says that member states may request and receive
near-real time VMS data for high seas areas, adjacent to and not
more than 100 nautical miles from their EEZs. However, Helgen
said he was not able to access this data. End Note.] Helgen
said allowing Maritime Enforcement Officers direct access to
observer data could also improve enforcement. Representatives
from Papua New Guinea reported at the Regional Observer
Programme Third Intercessional Working Group Meeting in March
2009 that they are in the process of developing and
incorporating the use of electronic forms into their data

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reporting and information management system. Such electronic
reporting could expedite the data dispersal and improve data
management by local maritime enforcement officers.


19. (SBU) According to Cao Zhu, Base Manager at Luen Thai
Fishing Ventures located in Pohnpei, Luen Thai provides data on
its catch to scientific and international organizations. Luen
Thai fishing vessels also give each fish in its catch a barcode
which corresponds to its weight and grade. The company then
maintains and distributes the data for approved scientific
research and management. Cao explained that larger companies
are not concerned with the confidentiality of most surveillance
data and that only smaller, independent fishermen wish to
maintain the secrecy of their data. However, he did concede
that Luen Thai does want assurances that the data it shares is
used only for legitimate scientific research and international
monitoring.

FUTURE SURVEILLANCE CONCERNS
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20. (SBU) As of now, high seas pockets are still open and
largely unregulated. WCPFC vessel monitoring currently only
functions to alert nations to their flag vessels' activity in
international waters. However, two high seas pockets will be
closed in January 2010, according to the Third Arrangement
implementing the Nauru Agreement. The closure of two additional
pockets will be discussed during the 6th Regular Session of the
WCPFC in December of 2009. After high seas closure, the WCPFC
will have a number of new unresolved issues. These will include
patrolling and enforcement measures for high seas, data access
and management of VMS in high seas areas, and regulations for
transiting through high seas. The high seas closure directly
affects the FSM, as two high seas pockets boarder the FSM's EEZ,
and the country is one of the only WCPFC member states that is
authorized for high seas boarding for surveillance and
enforcement purposes. Helgen said if the WCPFC budget allows
funding for increased fuel and patrol boats by individual
states, FSM Maritime Enforcement could assist with high seas
patrol and enforcement.

COMMENT
_ _ _ _


21. (SBU) As both a coastal state and a distant waters fishing
state, the United States has a significant interest in the
fisheries of the Western and Central Pacific Ocean. While the
WCPFC has enacted surveillance and enforcement measures to
prevent illegal fishing, FSM continues to be unable to provide
the funds needed for effective patrolling of its large EEZ.
There seems to be some effort among WCPFC member countries to
strengthen all aspects of maritime enforcement, including
national patrol programs. However, TCC5 will likely neglect
patrolling issues and focus more on VMS and ROP because of the
dissension among member states about WCPFC's rising costs. The
FSM's maritime enforcement will likely remain underfunded, and
its ability to control illegal fishing will remain reliant on
the sporadic maritime surveillance operations of more developed
countries. End Comment.
DOUGLASSWD