ITALY FISHERIES ENFORCEMENT UPDATE: ENFORCEMENT DATA

UNCLAS SECTION 01 OF 03 ROME 001415 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: ENFORCEMENT DATA REF: A) 12/24/09 SIGNORETTI-CIMO E-MAIL B) 08 ROME 1387 ¶1. (SBU) Summary. Italian fisheries authorities have provided data on Port Captaincy-Coast Guard enforcement activities in 2008 and 2009, for USG consideration in the context of the U.S. Moratorium Protection Act. Although the 2009 data covers only the year to October, it shows an increase in inspections in ports and in illegal/non-licensed gear seized. It also shows a significant increase in fish seized (including a sharp increase in seizures of full-size bluefin tuna) and in illegal fisheries-related facilities seized. While driftnet-targeted inspections increased 2005-2009, driftnets seized and driftnet-related sanctions imposed declined. The Government of Italy (GOI) attributes this to the effectiveness of their enforcement efforts. End summary. Driftnets: Change in Law Aids Enforcement - - - - - - - - - - - - - - - - - - - - - ¶2. (SBU) On 22 December, Post received from Anna Maria de Santis, Chief of Staff to Under Secretary Buonfiglio, information on 2008-2009 fisheries enforcement. With the data came a cover memo from the European and International Policies Department, Marine Fisheries and Aquaculture Directorate General, Ministry of Agricultural, Food and Forest Policies, dated 17 December 2009. The memo is titled: "Enforcement Activity Carried Out Against Vessels Using "Spadare" Driftnets." Among other points, it highlights the June 2008 changes to Italian law, which increased existing penalties and added new penalties for actions such as possession on board of fishing gear which is illegal or for which the vessel does not have a permit. The prior absence of this legislation was a key point in a recent case in which an EU court decided against Italy (see septel outlining recent changes in Italian fisheries policies). Comment: the change in law likely facilitated the increase in inspections at the unloading point, and in illegal/non-licensed gear seized. End comment. Anti-Driftnet and Bluefin Tuna Enforcement Efforts - - - - - - - - - - - - - - - - - - - - - - - - - - ¶3. (SBU) The memo holds that the decline in sanctions imposed for driftnet violations, at the same time that the number of driftnet-related inspections increased significantly, reflects the success of Italian enforcement efforts in limiting illegal driftnet activity. This combination of trends is illustrated by the graph transmitted to OES/OMC and the U.S. National Marine Fisheries Service in ref A. Regarding bluefin tuna, Italian Coast Guard Admiral Tiberio Piattelli stressed to SCI staff on December 22 that Italy played an active role in the 2009 EU bluefin tuna enforcement campaign. He noted that, as in 2008 (ref B),the Coast Guard obtained a special advisory notice ("NOTAM") forbidding low-level flights in the key areas in the Tyrrhenian Sea during intense periods of bluefin-tuna-fishing aerial surveillance. Italy's participation in the EU bluefin tuna campaign included the following missions: 193 in ports; 88 at sea; 32 using airplanes; and 18 to tuna-ranching pens, at a total cost of 868,922 Euros. ¶4. (SBU) The text of the memo is as follows (informal translation): The following information describes monitoring and enforcement activity carried out against vessels using driftnets in 2009. The Fishery Area Control Centers (C.C.A.P.) created with Circular Letter n.82/35668/II on May 30, 2000 by the General Command of the Port Captaincies-Coast Guard, have carried out a careful and incisive monitoring and enforcement activity, aimed at preventing and/or suppressing possible behavior not compliant with the regulations of the sector. The intensive and incisive activity carried out (including with the aid of airplanes) to prevent illegal fishing activity, together with the results achieved in a subject area which is in continuing evolution, demonstrate the solid preparation and the high level of knowledge of both national and European fishing regulations on the part of the enforcement authorities, and the strong interest in a careful monitoring of the coasts and of fisheries in general. In particular, following precise orders by the National Fisheries Control Center (CCNP),enforcement activity has been increased; the above-mentioned activity has consisted of intense operations which ROME 00001415 002 OF 003 yielded the seizure of 244,700 meters of "spadare" driftnets during the 2009 season. As is shown in the graph included in Annex 1 of this report, the above-mentioned [inspection] activity against illegal fishing with driftnets has increased over the last five years in an "exponential" way, with a reduction in the number of sanctions imposed demonstrating the efficacy of the enforcement system, which has yielded a containment of the phenomenon. In this regard, Decree Law n.59, which was issued on April 8, 2008 and converted into Law n.101 on June 6, 2008, is particularly important, since it introduced modifications in the fisheries sanction system. The above-mentioned law, aside from doubling the administrative penalties for fishing in prohibited areas or with equipment that is not permitted, introduced in the juridical system penalties for: 1) detention of equipment that is not permitted; 2) violations of Vessel Monitoring System (VMS) regulations; and 3) violations of regulations related to the protection of certain fish stocks. 4) It also introduced supplementary penalties. These changes are also favorably reported in the October 29, 2009 ruling of the Court of Justice of the European Community, related to an infraction case against Italy for the "Absence of an efficient enforcement system for the driftnet ban" and, therefore, we believe that at this time the situation of the Government of Italy is in line with the European regulations currently in force regarding enforcement activity. The monitoring and enforcement activity has been implemented through special-purpose action plans prepared by the Port Captaincies General Command-Coast Guard, and aimed at combating this phenomenon. During the 2009 season, intense enforcement activity aimed at ensuring compliance with bluefin tuna fishing regulations also has been carried out. In Annex 2 we have included a summary of all the fisheries enforcement activities carried out by the Port Captaincies - Coast Guard. End memo text. ¶5. Below is the data provided by the GOI. Note that the data are solely for the Italian Port Captaincy-Coast Guard; they do not reflect enforcement actions by the Finance Police, Carabinieri, or other entities. Italian Coast Guard Fisheries Enforcement Operations 2008-2009 (2009 data is from January 1 - October 30) 2008 2009 (to 10/09) NUMBER OF INSPECTIONS CARRIED OUT At sea 38,479 24,134 At sea in marine protected areas 5,913 4,910 At the unloading point 48,177 56,060 In fish markets and processing facilities 11,817 7,575 In retail sales (including mobile vendors) 23,124 16,713 In restaurants and similar 11,493 9,905 On the roads 5,128 4,222 In airports 57 12 Other 12,656 8,724 Total 156,844 132,255 VIOLATIONS CITED FOR CATCHING UNDERSIZE SPECIMENS Total 321 354 FISH LABELING AND TRACEABILITY VIOLATIONS CITED Labeling 1,460 1,004 Traceability 812 725 ROME 00001415 003 OF 003 Total 2,272 1,729 COMMERCIAL FRAUD VIOLATIONS CITED Total 287 312 HEALTH CODE VIOLATIONS CITED Total 676 980 FISH SEIZED (IN KG.) Date mussel 246 251 Swordfish (full-size) 8,311 7,571 Swordfish (undersize) 1359 337 Bluefin tuna (full-size) 7,865 95,847 Bluefin tuna (undersize) 4,368 2,267 Product unsafe for consumption 221,594 341,859 Product stemming from commercial fraud 12,412 32,285 Product of sport fishing (full-size) 16,818 8,262 Product of sport fishing (undersize) 261 113 Other products (full-size) 46,679 45,630 Other products (undersize) 8,005 23,027 Total fish products seized 327,918 557,449 ILLEGAL FISH STORAGE, SALE OR PROCESSING FACILITIES SEIZED Total 6 25 DISPOSITION OF SEIZED FISH (IN KG.) Given to charity 15,852 25,465 Destroyed 94,233 228,563 Thrown back in the sea or other 217,833 303,421 Total 327,918 557,449 FISHING EQUIPMENT SEIZED Number of illegal driftnets 64 58 Meters of illegal driftnets 371,000 244,700 Equipment not permitted for commercial fishing 878 971 Equipment not permitted for sport fishing 1,283 1,131 Other equipment 2,454 1,430 Total 4,679 3,590 VALUE OF SANCTIONS IMPOSED Total (in Euros) 5,545,895 4,651,748 CURRENT RETAIL VALUE OF SEIZED FISH AND FISH PRODUCTS (for bluefin tuna, wholesale price in foreign markets) Total (in Euros) 1,904,154 2,500,000 THORNE