Identifier
Created
Classification
Origin
09ROME1415
2009-12-28 07:44:00
UNCLASSIFIED//FOR OFFICIAL USE ONLY
Embassy Rome
Cable title:  

ITALY FISHERIES ENFORCEMENT UPDATE: ENFORCEMENT DATA

Tags:  EFIS SENV ETRD ICCAT IT 
pdf how-to read a cable
VZCZCXRO6153
RR RUEHFL RUEHNP
DE RUEHRO #1415/01 3620744
ZNR UUUUU ZZH
R 280744Z DEC 09
FM AMEMBASSY ROME
TO RUEHC/SECSTATE WASHDC 3057
RUCPDOC/USDOC WASHINGTON DC
RUCPDC/NOAA NMFS SILVER SPRING MD
INFO RUEHMIL/AMCONSUL MILAN 0386
RUEHFL/AMCONSUL FLORENCE 3948
RUEHNP/AMCONSUL NAPLES 4172
RUEHBS/USEU BRUSSELS 4886
RUEHFR/AMEMBASSY PARIS 2620
RUEHMD/AMEMBASSY MADRID 1980
RUEHRB/AMEMBASSY RABAT 0449
RUEHTU/AMEMBASSY TUNIS 0534
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

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