MINISTRY OF FISHERIES AND MARINE RESOURCES   Department of Fisheries of Sierra Leone REPORT ON THE NATIONAL WORKSHOP ON THE PROCESS OF REVISION OF THE CONVENTION ON THE MINIMAL CONDITIONS OF ACCESS AND EXPLOITATION OF THE MARINE RESOURCES IN WEST AFRICA HELD AT CONFERENCE ROOM OF THE MINISTRY OF FISHERIES AND MARINE RESOURCES, FREETOWN, SIERRA LEONE FROM THE 2-3 SEPTEMBER, 2009.

I-OPENING CEREMONY In the opening ceremony, the chairman, Mr. Mohamed Faoud Sheriff who is also the Director of Fisheries of Sierra Leone, welcomed participants and reminded members about the importance of the meeting. He recalled the meeting held in Dakar, Senegal and said in that meeting consensus was reached on certain points and there were issues at variance at the Dakar workshop which are expected to be solved by this meeting in Freetown. He then invited the representative of the permanent secretary of the Ministry of Fisheries and Marine Resources, who was unavoidable absent to make a few remarks. In her statement, Mrs. Rugiatu Kamara, the Deputy Secretary in the Ministry of Fisheries and Marine Resources, welcomed warmly all the participants to the workshop and pointed out that the fisheries sub-sector is an important aspects of the economy of Sierra Leone as it provides much needed foreign exchange for government, employment for the citizens and highly cherished protein. She urged participants to examine the issues and make recommendations for the fisheries sectors that will benefit member states in the Sub-regional Fisheries Commission. In his contribution the chairman of the Parliamentary oversight committee on Fisheries, Honourable Yapo Conteh, expressed his thanks for inviting members of the parliamentary subcommittee in the workshop. Four honourable members of parliament attended the meeting

indicating the seriousness of the topic under discussion. He reiterated the importance of the fisheries sector in the economies of the member states of the SRFC and urged participants to treat the outstanding issues seriously for the benefit of the region. In his remarks the regional director of WWF, Dr. Papa Samba Diouf expressed thanks for inviting him to the workshop and assured participants that WWF will continue to support the SRFC. He hoped that the outcome of this meeting will be useful for the region. In her keynote address, the Honourable Minister of Fisheries and Marine Resources, Haja Afsatu Kabba, welcomed all participants to the meeting and expressed her deep appreciation for hosting this very important meeting in Sierra Leone. She reminded participants about the importance fisheries play in the economies of the region and therefore urged participants to adopt frank discussions in an effort to solve the problems outlined in the working document. She also hoped that participants visiting Sierra Leone for the first time will have time to enjoy the view of our beaches and mountains around the Freetown peninsular. The speech of the Minster is attached as Annex 1. II- ORGANIZATION OF THE SESSIONS A representative of the sub-regional Fisheries Commission (SRFC), Madam Khady Diouf gave a brief presentation on the convention and the organisational structure and functions of the SRFC. This was followed by a film entitled Stolen Fish on Illegal Unregulated and Unreported, IUU fishing activities in Sierra Leone, Guinea and Senegal. The film prompted reactions from participants representing fishing communities of Bonthe, Southern Sierra Leone, Tombo in the western Area peninsular and Conakrydee, a fishing community in the Northern Province by confirming that what was shown in the movie were also happening in their fishing communities. They vehemently expressed the illegal activities done by industrial trawlers which include among others, finishing in the IEZ thus destroying nets of fishermen in the artisanal sector, covering of call signs and other markings to prevent accurate identification of the culprit vessels. Such activities have negative economic impacts on fishing communities. A background to the workshop was presented by Mr. Ibrahim Turay. Beginning with the workshop held at Dakar where two major issues emerged at the end of that workshop: 1. Consensus point for which the workshop reached an agreement and 2. Points of disagreement or

issue at variance, and pointed out that this Sierra Leone workshop was to resolve the issues at variance that emerged during the Dakar workshop. He quickly ran through consensus points and the issues at variance for the benefit of participants. A presentation on the point on which there was consensus by all seven countries was done by Mr. T.D. K. Taylor. After that participants were divided into two working groups to discuss and make recommendations concerning issues at variance with respect to; a) Artisanal fisheries and b) Industrial fisheries Mr. A.B. Kamara was selected as repertoire for the meeting and assisted by Mr. Josephus Mamie. III-WORKING GROUPS Following discussions of the two groups i.e. the Industrial and artisanal groups, each group came up with recommendations which are attached in Annex 2 (Industrial fisheries recommendations) and Annex 3 (Artisanal Fisheries Recommendations) to solve the issues at variance identified at the Dakar workshop. Participants were drawn from the Ministry of Fisheries and Marine Resources, MFMR, fishermen Unions, the University of Sierra Leone, local council authorities, the law office department, SRFC, WWF, the Maritime Wing of the Sierra Leone Armed Forces, 3.1 Provisions of a general nature Recommendations:  

1. Drafting of a new text or amendment of an existing text The first question to be answered is whether it would be preferable to amend the existing text or to draw up a new convention. Dakar Workshop: A reminder was given that, on a legal level, an amendment is a partial modification of a text whereas a revision is the examination of a whole text leading to the replacement of the existing text by a new text. While it was recognised that in its current form the MCA should be considerably modified, no consensus was reached on the approach to be adopted.

National workshops: Agree to revise or amend the convention Recommendation: The work group agrees that some good job has already been done on the document therefore recommends an amendment of the convention 2. Scopeand of the convention

1 - In its current form, the 1993 Convention deals with the minimal conditions for access and the exploitation of fishing resources in the sub region. It would be appropriate to determine whether the field of application of the Convention must remain the same or if it should be extended to include measures that are the prerogative of the Port State (to integrate certain measures from the Agreement on Port State measures currently under negotiation), trade and/or health inspections. Dakar Workshop: After debating the meaning of the term “exploitation”, the participants agreed on the fact that this concept does not encompass the measures of conservation and management and consequently that such measures should not appear in the MCA. On the other hand, such measures could be specified in additional protocols. National workshops: Suggest a Convention on regional cooperation defining the major principles and that it is possible to specify by adding protocols (management measures, technical measures, management of shared stocks, etc). It is necessary to define minimal conditions for access and exploitation applicable to all the countries in the subregion, to ensure consistency and avoid having conditions that are “too” favourable in one of the SRFC member countries, and also to refer in the preamble to the new fishing management practices: ecosystem-based approach and precautionary approach. Suggest and discuss the management measures, technical measures and stocks to be included in the Convention protocols such as: Technical specifications of fishing gear The 1993 Convention comprises an Appendix II which contains the definition of the minimal dimensions authorised for the mesh of nets and the trawl nets of industrial fishing vessels. Thought should be given to whether this approach should be repeated within the framework of the Convention and decide whether it is advisable to extend

this provision to other measures aimed at, for example, establishing a sub regional list of prohibited fishing gear and methods (shore seine, fishing using explosives, toxic substances or bait) and to define the technical specifications of certain types of fishing gear (the most commonly used gear). Plans for the management and development of fisheries In virtue of their international obligations, the coastal States have the duty to take the necessary conservation and management measures to ensure the sustainable exploitation of the fishing resources located in the waters placed under their jurisdiction. To this end, the competent authorities of these States are often in charge of drawing up and implementing fisheries development and management plans. It will also be necessary to broach the subject of including the ecosystem-based approach in the management measures. Management plans for shared stocks .On this subject, the problem of regional cooperation for management of shared stocks could be broached and the following subjects discussed: principle of the compatibility of the conservation and management measures taken by States sharing a stock, shared management mechanisms and identification of priority stocks. Management of fishing capacities The observation is that many fishing resources are considered fully exploited or overexploited in the subregion and that one of the causes of this situation is surplus fishing capacity. It is therefore urgent to take measures designed to control the fishing capacity in each of the SRFC Member States. Among the measures that could be envisaged and encouraged, are: (1) the control of fishing units through the registration of pirogues (Mauritania and Senegal); and (2) subjecting to the prior permission of the administrative authority in charge of sea fishing the construction, purchase, transformation or reconversion of an industrial fishing vessel flying or intended to fly the national flag or any type of craft fishing vessel based locally (Guinea, Mauritania and Senegal).

Other measures Among the other measures relative to the exploitation of fishing resources quoted as being up for discussion during the revision process of the 1993 Convention, are: •

The prohibition on catching certain species (marine mammals, turtles).

•

By-catches. The acceptable percentages of by-catches depending on the types of fishing and the species referred to could, for example, be established in an appendix of the Convention.

•

The definition of size and weight for trade (minimum size or weight authorised for landing) of the subregion’s principal commercial species.

•

The promotion of marine protected areas as a tool for managing the fisheries in the subregion (protection of breeding grounds, etc.).

•

Harmonisation of biological rest periods by species at the level of the subregion.

Recommendation? 2 – As a general rule, the geographic scope of agreements and international conventions is specified in the text. This was not clearly established by the writers of the 1993 Convention. This shortcoming should be remedied in the new text. On this occasion, it should also be determined whether the field of application of the Convention coincides with the waters placed under the sovereignty and national jurisdiction of the SRFC Member States or extends beyond these waters for ships authorised to fly the flag of an SRFC member state. For example, the Convention could allow for SRFC Member States to make sure no ship flying their flag fishes beyond the waters placed under their jurisdiction without having been duly authorised (obligation to obtain a licence or permit to fish in the open sea or in the waters of a third party State). Dakar Workshop: While all the delegations agreed that the provisions of the MCA applied to all the waters placed under the national sovereignty and jurisdiction of the SRFC Member States, the same can not be said of the question of whether these measures should also apply to fishing vessels flying the flag of an SRFC member state when outside SRFC waters. National workshops: No agreement due to the divergence of views on the notion of responsibility of the Flag State in international law. To this effect, a reminder was issued that

international maritime law recognises the primacy of the Flag State in the open sea. In the context of sea fishing, several international instruments define the responsibilities of the Flag State. Consequently, the provisions of these instruments should be reviewed to determine whether certain provisions should be incorporated into the MCA. For example, the MCA could allow for SRFC Member States to make sure no ship flying their flag fishes beyond the waters placed under their jurisdiction without having been duly authorised (obligation to obtain a licence or permit to fish in the open sea). Recommendations? 3 - Define how minimal conditions for access and exploitation specific to artisanal fishing could be incorporated into the text of the Convention. Dakar Workshop: Aware of the pressure exerted by artisanal fishing on the fishing resources of the subregion and the inadequacy of the regulation and control of this activity, the delegations unanimously recognised the necessity of including this type of fishing in the MCA. National workshops: However, it will be necessary to define the concept of artisanal fishing. To facilitate the establishing of such a definition, it should be determined how this concept and other related notions, such as artisanal fishing boat, are defined in the legislation of each country concerned. Definitions? 5 – A request was made to review the objectives of the 1993 Convention which are the following: − The necessity of pooling efforts at subregional level for a rational, harmonious exploitation of fishing resources; − Promotion of closer cooperation between the populations of the SRFC Member States within the framework of the exploitation of marine resources in the open sea off their coasts; − The necessity for the countries in the subregion to obtain a real profit from the exploitation of their fishing resources.

Dakar Workshop: no decisions were made. National workshops: The objectives of the new convention should nonetheless be decided on and whether it is preferable to keep them in the preamble or incorporate them into the body of the text of the Convention. CMA Objectives? 3.2. Industrial fishing group Group members 1. Ebrahim A. Khonte

Industrial Fishing Association

2. Victor V. Kamara

Industrial Fishing Association

3. J. S. Kamara

Sierra Leone Maritime Wing

4. Papa Samba Diouf

WWF

5. Tommy D. Taylor

Ministry of Fisheries and Marine Resources

6. Mathew D. Kpundeh

Njala University

7. Michael K, Benga

SLAAFU – Tombo

8. Solomon M. K. Lamboi

Councillor Bonthe Town

9. A. B. Kamara

Former Director of Fisheries

10. Rukiatu K. Kamara

Ministry of Fisheries and Marine Resources

11. Dienaba Beye Traore

SRFC

12. Ibrahima Niamadio

WWF

13. Mohamed A. Sesay

Headman Goderich

14. Dandyson D. Thompson

Legal Consultant

 

1. The practice of fishing with the aid of an industrial fishing vessel in the waters placed under the jurisdiction of an SRFC Member State is subject to obtaining a licence or fishing permit from the competent authorities. Dakar Workshop: The participants considered that the definition of the form and contents of fishing licences and their conditions of use and transfer were the jurisdiction of national

legislation. They recognised, however, that the MCA could list the minimal information required on the licence application forms. National workshops: - Discuss the elements to be included in licence applications. Collect the different types of licence applications from each country and harmonise. - Discuss the possibility of introducing a specific licence system for each group of species

Recommendations: Recommendation: The national working group lists the Sierra Leone’s model of license namely: demersal, shrimp and pelagics and recommends its harmonization with other

2. It was noted that the landing in local ports of catches taken in waters placed under the sovereignty or jurisdiction of SRFC Member States was considered a priority measure in the 1993 Convention. This measure has been included in numerous fishing agreements. However, it has not always been applied. It would also be appropriate to assess the applicability of this measure in the present day context. Dakar Workshop: Encourage foreign fishing boats to land their catches in the ports of the subregion. National workshop: Discuss measures for encouraging the landing of catches in national ports and define the minimal threshold for national landings Recommendations: As a result of variations in Fisheries Laws and infrastructure regarding the landings, the working group recommends harmonization of Fisheries laws such as daily catch report, accurate recording in the Log book, daily radio report and the stipulated catch landing per species such as fish, shrimp and pelagic vessels.

3- The measures for the conservation and management of fishing resources are taken on the basis of the most reliable information available. This is why it is vital for the authorities in charge of fishing to implement effective mechanisms to allow them to collect information about catches.

On the legal level, this generally translates to the obligation of ship owners or captains of ships to keep a fishing log in which the required information is noted. Dakar Workshop: Introduce the principle of the compulsory fishing log for all industrial fishing boats authorised to fish in the subregion and standardise the format of this journal. National workshop: Collect a copy of the fishing logs. Discuss the minimal information they should contain. Then standardise their format. Recommendation : The working group recommends that the Sierra Leone vessel Log book be harmonized with SRFC member States. This vessel Log book must be onboard every fishing vessel operating in the EEZ of the Sub Regional member states. Failure to carry the Log book on board a fishing vessel and false completion of a Log book are violations of the national laws.

4 - The 1993 Convention subordinates fishing by industrial vessels in the subregion to the taking onboard of an observer. This obligation has not been scrupulously respected, although observers have been taken on board some ships. It would be appropriate to wonder whether it is reasonable and desirable to demand complete coverage of the industrial fleet by national observer programmes. Dakar Workshop: Maintain the principle of an observer onboard all industrial fishing boats authorised to operate in the sub region, but allow for the possibility of derogation to this rule through the intermediary of national legislation. National workshops: - Determine whether it would not be more judicious to set a minimum rate of coverage for industrial fishing vessels by the national observer programmes. This approach would make it possible to ensure the presence of observers onboard industrial fishing boats in all the countries of the subregion and would thereby prevent certain States from using the derogation allowed for in the recommendation to fail to meet their obligations. - A specific clause could also be added to the MCA for countries who do not have an observer programme, stipulating that they are obliged to make the necessary provisions for establishing such a

programme within a reasonable time frame. This latter could be mentioned in the text of the Convention.

.

Recommendation : The group notes that in Sierra Leone each licensed fishing vessel carries an observer for the duration of a fishing license and recommends that a similar programme be implemented in the sub region

5-To date, the obligation to make an entry and exit declaration for the EEZ or fishing zones of the countries in the subregion only applies to fishing boats duly authorised to operate in the waters of the SRFC Member States. It is proposed to extend this obligation to unauthorised fishing boats entering or leaving EEZ or fishing zones of the SRFC Member States in order to strengthen the control of the activities of these fishing vessels. Dakar Workshop: Maintain the principle of entry and exit declarations for the exclusive economic zones or fishing zones for foreign boats authorised to fish in the waters under the jurisdiction of the SRFC Member States. National workshops: However, the proposal to extend this measure to fishing boats not authorised to operate in the waters of the SRFC Member States, in transit in the sub region, was not discussed by the participants at the sub regional workshop. Consequently, it will be up to each SRFC Member State to state its position on this point at the national workshops. It was also proposed that other information and conditions could be required on the entry and exit declarations of EEZ and fishing zones, including, in particular, the: - declaration of quantities of fish held on board for each species; - position of the boat at the time of the entry or exit declaration; - declaration could be made by other means of communication than radio to avoid misunderstandings, preferably in writing (fax, email);- time period during which the declaration should be made (24 hours in advance, for example).

Recommendation : The working group agrees with the following information on the entry and exit declaration of the passing fishing vessel:- declaration of quantities of fish held on board for each species; - position of the boat at the time of the entry or exit declaration; - declaration could be made by other means of communication than radio to avoid misunderstandings, preferably in writing (fax, email);- time period during which the declaration should be made (24 hours in advance, for example). The group further recommends that the passing fishing vessel must state its final destination and that the SRFC member States must comply with the 1982 UN Convention on Law of the Sea regarding innocent passage. The group notes that the designated ports are the SRFC member States fishing ports.

6- Designated ports: This measure aims to encourage the SRFC Member States to designate and publicise the ports foreign fishing vessels can have access to and make sure these ports have the capacity to carry out the inspection of these vessels. Dakar Workshop: Introduce the principle of designating, in the MCA, the ports that can be used by foreign industrial fleets. National workshop: Decide which ports have the capacity to receive foreign fishing boats and which ports have the capacity to inspect these fishing boats. Recommendations ? 7- No foreign fishing boats must in theory enter a port of one of the SRFC Member States without the prior authorisation of the competent authorities

Dakar Workshop: Retain the obligation to give prior notice of arrival at the port and the issuing of permission for all foreign fishing vessels, including support ships, and determine the minimal information required from ship owners, captains or their agents during the notification procedure. National workshops: Determine the nature of the information required by each country in the notification and harmonise.

Recommendation: The group recommends that the captain/Local agent of the Fishing vessel must inform the Director of Fisheries of each SRFC member state of the following information:- technical characteristics of the fishing vessel; - purpose of the visit; - estimated time of arrival and departure from port;

8- The reinforcing of port inspections is one of the fundamental elements of the fight against IUU fishing. The aim of this measure is to prevent the landing of catches originating from IUU fishing to prevent them from entering the international markets. Dakar Workshop: Encourage SRFC Member States to perform a minimum number of inspections on the foreign fishing boats in their ports (a threshold of 10% was proposed). National workshops: Discuss the opportunity of introducing measures into the MCA aimed at sanctioning foreign fishing vessels found in the ports of the SRFC Member States, when, following an inspection, it has been observed that these vessels have been engaged in IUU fishing outside the waters placed under the jurisdiction of the port State. These measures consist in refusing the landing or transhipment of catches as well as the use of port services and notifying the flag state, where known, of these measures. Recommendations The group agrees with the measures stated above but recommends in addition refusal to issue fishing license to the vessel. The question of confiscating the catch of the fishing vessels suspected of IUU activities and found guilty in port will be discussed at the regional level of the SRFC.

3.3. Artisanal fishing group Group members 1. Councillor Ibrahim Kabba-Chairman

Goderich

2. Josephus Mamie-repertoire

MFMR

3. Momodu B.Kamara

FBC- University of Sierra Leone

4. Momoh S. Bangura

Yeliboya

5. Thomas F. Spencer

SLAFU

6. Alhaji E. Bundu

Tombo

7. Councilor Sulaiman Kamara

Conakrydee

8. Soulay B.M. Jah

Sulima

9. Keifala Kemokai

Sulima

10. Joseph P. Vandy

Sulima

11. Sinneh Kallay Kamara

Yelibuya

12. Alhaji Conteh

Tombo

13. Alfred Sawyer

Freetown City Council

14. Abdul H. Turay

Freetown City Council

15. Councilor Sahid Kamara

Shenge

16. Charles M. Barlay

Shenge

17. Paul M. Jaia

Conakrydee

18. Khady sane Diouf

SRFC/PRCM

19. Michael Benga

SLAAFU

20. Michael Vakily

SRFC/GOPA

Acronym: FBC- Fourah Bay College MFMR-Ministry of Fisheries and Marine Resources SLAFU-Sierra Leone Artisanal Fishermen Union         SLAAFU-Sierra Leone Amalgamated Artisanal Fishermen Union

Recommendations 1- It is worth reflecting on the possibility of harmonising the pirogue registration system at sub regional level in order to identify the country of origin of pirogues and monitor their migratory flows. Dakar Workshop: :  the retained the registration of pirogues in all Recommendations Theparticipants group agreed that the all principle artisanal of fishing canoes should be registered SRFC Member States carry and identification specified thatmarks it would be worth harmonising the also technical nationally. They should (registration number) which will clearly specifications governing their markings identify the country of origin of the canoes.to be able to easily identify the country each pirogue comes from.  

2-Until now, artisanal fishing has been governed by a system of free access. Whoever wants to participate can do so to the extent that he respect the regulations in force. While it is recognised that the sustainable exploitation of fishing resources is achieved by restricting access to the resource, this measure is very difficult to implement in practice. The question of whether to promote the adoption of fishing permits for artisanal fishing boats in the countries of the subregion must be debated. Dakar Workshop: The participants of the Dakar workshop recognised the necessity of establishing a fishing permit for artisanal fishing at national level but recognised the difficulty of establishing such a system on the scale of the sub-region. National workshops: Determine the state of progress of fishing permits and the registration of pirogues in each country in order to anticipate the obstacles to implementation of these provisions and allow for accompanying measures.

Recommendations: All artisanal fishing vessels must have acquired a national permit before accessing the fisheries.

3- Declaration of catches: Given the importance of artisanal fishing in certain countries in the subregion, it is important that these countries put in place mechanisms to collect reliable information on the catches taken by this segment of the fishing fleet. It will be up to the representatives of the States in the subregion to determine, on the basis of national experience, what type of data collection system should be promoted at subregional level. Dakar Workshop: It was recognised that it would be appropriate to improve the existing systems with a view, in particular, to meeting the export conditions allowed for in the new European regulations on IUU fishing, which require that all products of fishing exported to the European market be accompanied with a catch certificate. It was proposed to reinforce the systems of survey-interviewers on beaches to improve their performance levels. National workshops: Collect the forms for gathering information at the level of the landing quays to determine the support to be given to the different countries. Recommendations : Sierra Leone has data collection forms which have been submitted to the SRFC. The group recommends that data analytic systems within the SRFC member states be harmonised.

4- The problem of safety at sea relative to artisanal fishing has not been solved despite the initiatives undertaken by certain countries in the subregion. These measures turned out to be difficult to implement and many fishermen do not respect them. It would be appropriate to continue to reflect on this point at sub regional level to determine how this problem should be broached within the framework of the Convention. Dakar Workshop: The participants indicated that generally the authorities did not know when pirogues were putting out to sea and most often it is the families of the fishermen who raise the alarm when these pirogues disappear. The group proposed to establish a system of high sea permits for pirogues, but recognised the difficulty of putting such a system into practice. National workshops: Assess the feasibility of a system of permits for pirogues to put out to sea

Recommendations : All artisanal canoes and outboard engines must be certified as sea worthy before the issuance of a fishing permit. Life saving equipments must be onboard all fishing vessels (life jackets, fire extinguishers where possible, water and first aid kits etc.) (Marking and reflectors to signal the presence of a fishing craft should be on all canoes. Government should put programmes in place to facilitate the purchase of life saving equipment at affordable cost. Before leaving port for the sea, dock observers should take record of crew including their telephone numbers, if any, time of leaving etc. The crew should also report to the dock observer once back to port in order to certify that they return safely.)

5- Infringements: About infringements and sanctions, the 1993 Convention allowed for the following, at sub regional level: - The automatic withdrawal of the fishing licence from any previous offending boat in the event of – (i) fishing in a prohibited area; (ii) using nets with non-statutory mesh; (iii) obstruction of mesh (alteration of the selectivity of fishing gear); (iv) catching and holding of prohibited species; and (v) false declarations relative to the physical characteristics of the vessel, the type of fishing carried out and the target species. - Prohibition on fishing in the entire subregion for any boat having committed the same infringement (among the ones referred to in the above paragraph) in at least two SRFC Member States during the validity period of the licences. Dakar Workshop: It was decided to maintain the list of very serious infringements within the framework of the MCA and add to this list fishing by means of prohibited gear. The sub regional workshop confirmed the importance of defining, at subregional level, the infringements to be considered very serious and sanctioned as such by national legislation. To this end, it was proposed to keep the list of infringements stipulated in article 12 of the MCA and add to this list fishing by means of prohibited gear. This list will be submitted to each SRFC Member State, at national workshops, to evaluate the relevance of it in the present context and determine whether infringements should be added or removed from this list.

National workshops: On the basis of the nomenclature of fishing infringements as allowed for in the national legislations, proceed to review the list of infringements given in article 12.2 of the 1993 Convention. We were reminded that the aim of this list is to define the fishing infringements considered to be serious in the subregion. - Other infringements, such as failure to show markings or falsifying a boat’s identification marks and fishing without a licence, may be added to this list.

Recommendations : The Sierra Leone workshop agreed that the following should be included in the list of infringement: •

Failure to have markings on canoe/boats.

•

Fishing without a valid licence/permit

•

Engaging in other illegal activities such as drug and people trafficking, smuggling of contraband goods etc.

The workshop questions the possibility to apply the provisions of (Article 13) of the convention (repetition of offence) to the artisanal fisheries. - Review the list of prohibited gear Fishing gears and methods that should be prohibited •

Monofilament nets

•

Explosives

•

Poisons

•

Beach seines

•

Twin trawling

•

Channel nets “lagba lagba”

•

Scoop nets

•

“Mina” fishing nets

IV- TRAINING NEEDS During the deliberations the need for training of middle level staff became apparent in order to improve data collection and analysis for sound fisheries management as well as to improve the well being of the fishing communities. It is therefore recommended that the SRFC organises and funds the following training programmes: a) Training programme of observers working onboard fishing trawlers b) Training programmes of enumerators collecting catch data from the artisanal fisheries c) Safety at sea training for artisanal fishermen V- CLOSING The Honourable Deputy Minister of Fisheries and Marine Resources, Mrs Oya Sankoh closed the meeting. In his introduction of the deputy minister the Director of Fisheries reminded participants of our tasks and expressed the hope that recommendations made at this meeting will be useful to the sub-region. He expressed thanks on behalf of the ministry to all participants and sponsors of this workshop especially the World Wildlife Fund, WWF, IUCN, PRCM, the Government of Sierra Leone through the Ministry of Fisheries and Marine Resources. In her closing statement, the deputy minister thanked all for participating in the workshop. She expressed the importance of such a workshop noting that it will help to address issues relating to Illegal Unreported and Unregulated (IUU) fishing activities. She expressed the hope that the outcome of this workshop will resolve all the issues at variance identified in the Dakar workshop. He wished the non-Sierra Leonean participants a safe return home and hoped they will see again in the future.

ANNEXE 1. STATEMENT BY THE HONOURABLE MINISTER, MINISTRY OF FISIHSERIES AND MARINE RESOURCES AT THE NATIONAL WORKSHOP ON THE CONVENTION OF MINIMAL CONDITIONS TO ACCESS AND EXPLOITATION MARINE RESOURCES My Chairman, Honourable Members of Parliament Permanent Secretary, MFMR Distinguished guests under the auspices of SRFC, Distinguished Ladies and Gentlemen It is my pleasure as Minister of Fisheries and Marine Resources to welcome you all on my personal behalf to this National workshop on the Minimal Conditions of Access and Exploitation of the Fisheries resources in our Sub-region. Throughout history, fisheries have been the very basis of life and culture along the Sierra Leonean coast. Indeed, today all of our coastal communities are still completely dependent on the fish resources. The fisheries sub-sector plays a fundamental role in revenue generation and food security drive of the country. It contributes substantially to the economic development of society and demonstrates how important it is that Sierra Leone conducts its fisheries in a sustainable manner. Our fisheries resources cannot be restricted in one geographical area. Most are migratory in nature. Thus fishing nations have ratified a convention on the law of the sea which established a 200nm EEZ from their baseline of which they have exclusive sovereign rights to all natural resources. It is against this backdrop that coastal states should preserve and conserve their natural resources by developing fisheries management instruments such as fisheries policies, fisheries Acts, etc. In addition, there have been international instruments relating to the sustainable management of our fisheries resources such as the Code for responsible Fisheries, the International Plan of Action to Prevent, Deter and eliminate IUU fishing, etc.

Despite these instruments, there have been concerns all over the world for the uncontrolled exploitation of the marine resources. One of the major challenges that poses a threat to the economic, social and environmental pillars of sustainable development is IUU fishing. The negative effects of IUU fishing on coastal states and communities can be seen throughout the world, and developing countries with special reference to West African coastal States are especially affected, since IUU fishing deprives these communities of an important opportunity to develop their economies. In view of the above, I personally believe that IUU fishing and related issues cannot be adequately addressed by one nation on its own. It is a global challenge, and therefore this battle calls for international co-operation, of which the efforts of the Sub-regional Member States are vital. The development of a workable Convention on minimal conditions to access and exploit the marine fisheries resources in the Sub-region will not only complement the efforts of developed countries but will also foster international and regional cooperation in combating these problems. It is only through concerted management effort, effectively coordinated in a regional framework, that we will be able to tackle most of the problems affecting the Sub-sector The use of flags of convenience and tax havens is also often linked with large-scale IUU fishing and other sustainable management issues. It is therefore imperative, for the purposes of sustainable management, that each port state ensures that the vessel's flag state monitor or guarantees that the vessel’s activity is sustainable. Developed countries such as Norway have taken a global initiative through the UN and the FAO to make this happen. As a result of the above and considering the huge loss in revenue and wanton destruction of the ecosystem, the need for coastal states to institute conditions for access to exploit the marine resources cannot be over-emphasized. The importance of this workshop is therefore so immense for the SRFC Member States to actualise their full marine resource potential It is my fervent hope that this review process of the 1993 convention will bring out those areas which needs consensus so that the conditions proposed can be realistically implemented and monitoring mechanisms be improved.

I wish to thank the various partners, International Union for Conservation of Nature, (IUCN), WWF, Programme for Regional Coastal zone Management, (PRCM), and Sub-Regional Fisheries Commission who have work so hard in terms of financing this workshop with a view to discuss and propose meaningful contributions and suggestions for the modification of minimal condition for access and exploitation of the fisheries resources. To the participants, I wish that you all will use this opportunity to critically examine the themes that will be dealt with so as to make concrete contributions in modifying the Convention of Minimal Conditions for Access to marine resources exploitation. To this end I will now officially open the work and I wish you all a fruitful deliberations and best wishes to our partners and guests in development. Hon. Haja Hafsatu Kabba, Minister of Fisheries and Marine Resources

             

ANNEXE 2. WELCOME SPEECH BY THE PERMANENT SECRETARY OF SFRC

NATIONAL WORKSHOP ON THE CONVENTION ON MINIMAL CONDITIONS FOR ACCESS AND EXPLOITATION (CMA) FREETOWN, SEPTEMBER 1-3, 2009

  Honourable Minister The Permanent Secretary of Ministry of fishery and marine resources, The Director of Fisheries, Chairman Parliamentary Committee of Fisheries, WWF Regional Coordinator, Dear Experts, Dear Participants, Ladies and Gentlemen,

On behalf of the Permanent Secretary of the Sub Regional Fisheries Commission, I am pleased and honored to participate in this important national workshop on the revision of the Convention on the determination of Conditions for the Access and Exploitation of marine resources, the CMA Convention.

As you may know, the Sub Regional Fisheries Commission was established in 1985 to harmonize Fishing Policies and Legislations of its Member States. To this end, it developed various tools such as the CMA Convention in 1993, which was to provide minimum conditions of access to the EEZ of Member States for foreign industrial fishing fleets.

This Convention has seen many obstacles that impeded its implementation. The Sub Regional Fisheries Commission welcomes this initiative of the sierra Leonean authorities to look into the possible reasons hindering its implementation.

I sincerely hope that the outcome of the present meeting will provide the necessary guidelines and recommendations to improve the current Convention. This in turn, will help to create the necessary framework for the sustainable management of West African marine and coastal resources including the improvement of conditions for monitoring, control and surveillance.

I would not like to end this note without expressing my special appreciation for the tremendous efforts displayed by the Ministry of fisheries and marine resources in organizing this event.

On behalf of the Permanent Secretary, I wish you a successful meeting.

Thank you for your attention

ANNEXE 3. LIST OF PARTICIPANTS  

Atelier sous régional sur le processus de révision de la Convention sur les conditions minimales  d’accès  Freetown, 02‐03 septembre 2009 

         

Mr Josephus Mamie 

Cel : 232 76 792845 

Fisheries Protection Officer 

Email : [email protected] 

Ministry of fisheries and marine resources  MFMR, Brookfields Hotel complex Jomo  kenyatta Road Freetown‐ Sierra Leone 

 

Tel : 232 33219178 Cel : 232 76309958 

Councillor  Mayamba District cauncil 

Email : [email protected] 

Plantain Island vir shange  Sierra leone 

 

Cell : 23276937125 

Mr. Charles Barlay 

Email : [email protected] 

Fisheries Enumerator Ministry of fisheries and  marine resources MFMR 

 

Shenge Moyamba District Freetown‐Sierra  leone 

Fisherie enumerator 

Tel : 232 76353372 / 232 383372 

Ministry of fisheries and marine resources  MFMR Sulima Sorogbeima chief Freetown 

Email :  

Cell : 232 76364469 

 

 

Mr. Alhaji Conteh 

Mr. Michael K Benga 

Field Staff (Enumerator) 

Co‐ordinator 

Ministry of fisheries and marine resources  MFMR Fisheries Station (Fisheries Quaber) 

Sierra leone Amalgamated Artisanal  Fishermen’s Union 1, Wellington street Tombo  Freetown 

Tombo Village Sierra leone 

Mr. Councillor S. Kamara 

Mr. Joseph Patrick Josiah 

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Tel : 23276822257 

Mr. Abdul H Turay 

Email : [email protected] 

WHARF INSPECTOR 

 

Freetown City Council 21 Frederick Street  

Mr. Alhaji Edward Bundu 

Sierra leone 

Master Fisherman  SLAFU 

Tel : 232 222845/88871784 

8A WHARF ROAD TOMBO 

 

Freetown  

Mr. Soulay B.M Jah 

Tel cell : 232 78338211 

Fisheries Officer 

Email : [email protected]   

Ministry of fisheries and marine resources  MFMR Jomo Kenyatta  Sulima or fisheries  station  

Mr. Keifala Kemokai 

Cell : 232 30609161 / 76952572 

Habour master Sulima 

 

Ministry of fisheries and marine resources  MFMR Sulima Sorogbeima pudehun district  Freetowm  

Mr. Alfred Sawyerr 

Cell : 232 76578327/ 2316490607 

Freetown city council 4 Pyne street congo  Town  

  Mr. Sinneh Kallay Kamara  Enumerator   Ministry of fisheries and marine resources  MFMR Yelibaya Island Kambia district Sierra  leone  Cell : 232 76406826    Mr. Paul Mohamed Jaia  Fisheries assistant Officer in charge port loko  District Ministry of fisheries and marine  resources MFMR 20e Luke Lane 

Head or Marine Resources section 

Tel : 232 33705517 / 232 88237559    Mr. Abu Bakarr Kamara  Former Director of Fisheries   Ministry of fisheries and marine resources  MFMR 147 lower kandeh drive, off Wilkinson  Lumley Freetown  Tel : 232 76604823  Cell: 232 76604823    Mr. Sulaiman Kamara 

Cell : 232 76751395 

Marine Committee representative Port loko  District council  Freetown 

Email : [email protected] 

Cell : 232 76226189 

 

Email : [email protected] 

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Legal consultant 

Mr. Ibrahim Kabba 

Law officer’s dept ministry of justice Gua  building lamina street, Freetown 

Councillor  Western Area rural District council 2, colier  street Goolerich Freetown 

Tell : 232222853  / 76616095  Email : [email protected] 

Cell : 232 77835089 / 33198146 

 

 

Rukiatu Kamara 

Mr. Thomas Spencer 

Deputy Secretary 

National co‐ordinator and public relations  officer  SLAFU 44 Findley street , Tombo  Freetown 

Ministry of fisheries and marine resources  MFMR , k 47 Battery street, king tom,  Freetown  

Tell : 232 76665946 

Tell : 2327695244 

Email : [email protected] 

Email :  

 

 

Mr. Momoh S Bangura 

Mr. Ebrahim A Khonte 

Representing a councillor regional secretary  (north) sierra leone artisanal fisherman  union(SLAFU) ward 138 Kambia district council  14 herder deen street Freetown 

Ag Secretary  S.L Industrial Fishing Co Association 12 Beach  Road Lumley Freetown  

Tell : 232 76417987 / 76295427 

Tell : 232 231133/238831 

Email : [email protected] 

Cell : 232 76603329 /33362531 

 

 

Mr. Victor Y Kamara 

Mr. Solomon Maada Lamboi 

President sierra leone industrial fishing  association managing director Coastal fishing  co SLIFA c/o coastal fishing co 13 rawdon  street  

Councillor  Chairman Fisheries at marine Resources BMC  Bonthe Municipal council 9 coulson street  bonthe sierra leone 

Tel ; 23276625211/33132485 

Tell : 23276532363 

Cell : 23222220000 

 

Email : [email protected] 

Mr. Mathew Didlyn Kpundeh 

 

Lecturer and research assistant 

Mr. Dandyson Thompson 

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Njal University (NU) Departement of fisheries  Management 5SQ Njala Main campus  Mokonde Freetown  Tell : 232 33925500  Email : [email protected]    Mr . Ibrahim Turay  Senior Fisheries Officer research 

Ministry of Fisheries and Marine Resources  Sierra‐Leone 11, Old Railway Line Brookfields  Freetown Sierra Leone  Tél: +232 22240485 cell : 232 33655907  Email : [email protected]    Mr. Mohamed A Sesay  Headman Goderich 

Ministry of fisheries and marine resources  MFMR Brookfields Hotel Complex Jomo  Kenyatta Road 

Goderich Fishing Community 9 Kenema street  Goderich village 

Tell : 23233454196  Fax : 232 22235135 

Cell : 232 76674504 / 77744823 

Email : [email protected] 

 

 

Dr. Momodu Banda Kamara 

Mr. Mohamed Fouad SHERIFF 

Lecturer and Research Scintish 

Director of Fisheries 

Institute of Marine Biology & Oceanography  (IMBO) Fourah Bay College University of Sierra  Leone‐Mount Aureol 

Ministry of fisheries and marine resources  MFMR    Brookfields Hotel Complex Jomo Kenyata Road  Freetown Sierra Leone  Tel.: 232 22231535  Cell : +232 76 611 664    email : [email protected] 

 Freetown‐Sierra Leone  Tél: +232 77728786  Fax: +232 76728786  Cell: +232 33728786  Email: [email protected] 

  Mr. Mohamed B.D. SEISAY  Principal Fisheries Officer  Ministry of Fisheries and Marine Resources  Jomo Kenyatta Road – Freetown  Cell  +232 76 622 609  E‐mail :  [email protected]    Mr. Tomy D.K. Taylor  Principal Fisheries Officer  

    Mr. Joseph S Kamara  Officer Commanding Bonthe   Sierra leone Navy 10 Maw /loo highway‐jul  Tell : 232 78507624  /33507624  Email : [email protected]     

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Mme. Diénaba Beye TRAORE 

  Chef     Département Harmonisation des Politiques et  Législations des Pêches (DHLP) Commission  Sous‐Régionale des Pêches (CSRP) Villa n°4430  BP 25485  Dakar ‐ Fann Senegal  Tel. +221 338640475  Fax : +221 338640477  Cell. +221 774137123 

       

Email : [email protected] 

 

 

 

Dr. Jan Michael VAKILY  

 

Coordonnateur  Projet GTZ/GOPA/CSRP «Appui Institutionnel »  Commission Sous‐Régionale des Pêches (CSRP)  Villa n°4430  BP 25485   Dakar – Fann     Senegal 

   

     

Cell :  +221 77 6391152  Email :  [email protected] 

 

 

 

Dr. Khady SANE DIOUF

 

Chargée de Programme CSRP Responsable de Composante Accords de pêche et CMA du projet RECARGAO

 

Animatrice de la composante Pêche PRCM /CSRP: villa N° 4430 BP:25 485 Dakar-Sénégal Cell. +221 776547717 Email: [email protected];

       

Site web : www.prcmarine.org 

     

     

   

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