ITALY FISHERIES ENFORCEMENT UPDATE: NEW POLICY MEASURES

UNCLAS SECTION 01 OF 02 ROME 001414

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 FISHERIES ENFORCEMENT UPDATE: NEW POLICY MEASURES

REFS: A) 11/25/09 PRESTON-LENT E-MAIL
B) 6/23/09 PRESTON-NIEMEIER E-MAIL C) 6/12/09 PRESTON-CIMO E-MAIL
D) 08 ROME 1387


1. (SBU) Summary. Italian Fisheries Under Secretary Buonfiglio
stressed to DCM some significant recent changes in Italian fisheries
policies, including more centralized enforcement and enhanced
monitoring and data collection; a "point system" for fishing
licenses; a 50-percent reduction in the bluefin tuna fleet; and a
possible halt to bluefin fishing for the 2010 season. He also noted
that fishing with driftnet-like ferrettara nets will continue to be
permitted only in national waters. A recent EU court decision in a
driftnet-related case recognizes the passage of an Italian law
making it illegal to have on board non-permitted fishing gear. The
Italian Government (GOI) will need to pay a 14-million-euro fine for
past noncompliance, but the case will then be closed. Detailed
information on 2008 and 2009 GOI fisheries enforcement efforts is
provided septel. End Summary.

Fisheries U/S Buonfiglio Lays Out New GOI Priorities
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2. (U) On November 25, DCM and Rome-SCI staff met with Agriculture
Under Secretary Antonio Buonfiglio to discuss the U.S. Moratorium
Protection Act and to seek strong Italian efforts in combating
illegal, unreported, and unregulated fishing (ref A). Buonfiglio
was accompanied by his Chief of Staff Anna Maria de Santis, and
Agriculture Ministry Diplomatic Advisor Giorgio Starace. Buonfiglio
said that Italy has a bad image in the fisheries area because of
things that happened during previous administrations. Since the
Berlusconi Administration came into office in 2008, they have new
priorities and are making things better, he argued.

Centralized enforcement, point system for fishing licenses
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3. (SBU) One of the GOI's priorities was establishing a new
integrated fisheries control/enforcement authority. This was
approved by the European Union (EU) Fisheries Council on November
20, and the measures agreed there will enter into force on 1/1/2010,
Buonfiglio said. Under the new EU measures a single national
authority will collect each member's data collection and transmit it
to the EU. The new Italian enforcement/control system will include
transponders on all fishing vessels 15 meters or longer, linked to
computerized information which shows photos of the vessel, their
licenses, financial help they have received from the EU or the GOI,
etc. Smaller vessels also will have to comply with the data
submission requirements, but can do so on paper, rather than
electronically. He added that a product traceability law approved
by the Italian Parliament in July includes a paragraph that will
permit tracing of fish products from the capture at sea to the point
of purchase.


4. (SBU) According to Buonfiglio, Italy also supported the creation
of an EU-wide point system for fishing licenses, with provisions for
revocation or suspension of licenses if too many points (due to
violations) are accumulated. That requirement was adopted by the EU
and will enter into effect in Italy, as in the rest of the EU, on
January 1, 2010. As few as five points accumulated could mean
suspension of a fishing license, he said. He added that Italy will
begin to require the special swordfish permits mandated by the
International Commission for the Conservation of Atlantic Tunas
(ICCAT) a year early, starting in January 2010 instead of January

2011. He said Italy supported inclusion of sport fishers in the EU
bluefin tuna quota, but that this had not been approved at the EU
level. For now the EU will simply carry out a census of sport
fishers.

Bluefin tuna: fleet reduction, likely halt to 2010 season
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5. (SBU) Buonfiglio noted that Italy submitted its bluefin tuna
purse seine vessel buyback plan to the EU on August 15, and the EU
has since approved it. The plan will reduce the number of vessels
by 50%. The cost will be split 50/50 between the GOI and the EU,
with the EU funds coming from the European Fisheries Fund (EFF). He
said there is funding in the GOI 2010 budget for the buyback and for
a halt on bluefin purse-seining, if that is decided.


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6. (SBU) The tuna quotas approved at the November ICCAT meeting in
Recife (Brazil) are not economically feasible for Italian
purse-seiners, given the costs of fuel, crew, and inspectors,
Buonfiglio held. For this reason, he said, if the EU
Agriculture/Fisheries Council adopted on December 14-15 the ICCAT
measures agreed on in Brazil, then his 2010 bluefin tuna plan would
call for a halt to fishing by all 45 Italian tuna purse-seiners
until there is some longer-term plan for them which is economically
feasible. They would then receive economic support from the EU and
Italy (with the costs split 50/50, and the EU funds likely coming
from the EFF). He said he must submit his bluefin plan to the EU
Commission by 1/31/10. (According to press reporting, the EU will
now conduct a study of the costs to Italian tuna-fishing communities
of the newly-adopted ICCAT quotas. Buonfiglio told RAI 1 radio on
December 20 that he is seeking to reorient such economic support
funds away from simple payments to vessel owners and more toward
increasing the local value-added of fish products.)

Driftnets: Ferrettara-use limit upheld; 14M Euro EU fine
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7. (SBU) With regard to a June decree that would have permitted
fishers using driftnet-like ferrettara nets to fish up to the limit
from the coast permitted by their vessel license, rather than just
in national waters (refs B and C),Buonfiglio confirmed that the
Rome-area regional court had ruled against it. The court decided to
limit Italian ferrettara use to under 12 miles from the coast, he
said, and the GOI had decided not to appeal the ruling. As a
result, ferrettara use is still permitted only in Italian national
waters.


8. (SBU) Regarding a recent EU Court finding against Italy for
insufficient enforcement of anti-driftnet legislation, Buonfiglio
said it was an old case based on data from previous Italian
governments, and that now things are improved. One of the key
elements in the EU case was the absence of clear penalties for a
vessel's having fishing gear on board which is illegal or for which
the vessel does not have a permit. A June 2008 change in Italian
law (ref D) made that possession on board illegal, and
increased/introduced penalties for other violations; that change is
positively reflected in the court's finding. (Italy will have to
pay the EU a 14-million-euro penalty as a result of losing the case;
with that payment, the case will be closed.) According to
Buonfiglio, this year the Port Captaincy stopped a significant
number of vessels from leaving port, if they had the wrong equipment
or otherwise did not have everything in order (see septel for
detailed enforcement data). Comment: this likely was facilitated by
the 2008 change in law. End comment.

ICCAT gripes
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9. (SBU) Buonfiglio and Starace complained bitterly about some
measures approved at the ICCAT meeting in Recife, in particular
permission for Spain to catch undersize fish under an exception for
a traditional fishery and for some North African countries to use
driftnets until 2012. (Buonfiglio griped that Moroccans can fish
with driftnets in waters 12.1 miles from the Italian coasts, while
Italian fishermen are completely banned from using such nets, and
asked how he was supposed to explain that to Italian fishermen.)
Buonfiglio asked how Spain could have been excluded from the U.S.
Moratorium Protection Act list. He alleged that many other European
countries use local, ferrettara-type nets.
THORNE