Local governments struggle to enforce anti-IUU fishing guidelines

Urgent need to organize a nationwide anti-IUU fishing guidance conference

During an anti-IUU fishing meeting on May 21, Deputy Minister Phung Duc Tien provided information on his discussion with European authorities during a business trip in late April 2024. Notably, the European authorities re-emphasized four primary recommendations, including: improving the legal framework; enhancing the management of fishing vessels; managing the traceability of fishery products; and addressing violations by fishing vessels in foreign waters.

According to Deputy Minister Phung Duc Tien, Vietnam has only effectively accomplished the first of the four recommendations. The Central Secretariat Committee and the Government recently issued Directive No. 32/CT-TW and Resolution No. 52/NQ-CP, respectively, to strengthen the Party\'s leadership in anti-IUU fishing efforts. Additionally, the Government issued Decrees No. 37 and No. 38/ND-CP in early April 2024 to amend and supplement regulations pertaining to the implementation of the 2017 Law on Fisheries.

However, Vietnam faces considerable challenges in the implementation of the three remaining recommendations. Namely, the installation rate for vessel monitoring systems (VMS) on fishing vessels fails to reach 100%, with multiple offshore and coastal fishing vessels losing their VMS connection in contiguous zones.

The origin tracing software system for fishery product has been inconsistently implemented across fishing ports due to local fishermen's failure to strictly record their fishing logbooks and unload products at designated ports. Furthermore, multiple regions have reported issues with at-sea transshipment, resulting in a number of fish species that are only found within inshore areas being reported as caught in coastal areas.

The software system for fishery product origin tracing lacks uniform implementation across fishing ports, as fishermen do not strictly record fishing logs, and product unloading is not conducted at designated ports. Recently, some localities have also faced issues with at-sea transshipment, leading to certain fish species appearing in coastal declarations despite being caught offshore.

Vietnam's response rate to violations is relatively limited, at approximately 10% according to a report by the Vietnam Fisheries Surveillance. Deputy Minister Phung Duc Tien noted that the European Commission considers Vietnam's penalties as insufficiently deterrent due to the country's poor response rate to violations.

Following discussions with the European Commission, Deputy Minister Phung Duc Tien assessed that Europe expects positive changes with "Vietnam's proactive efforts in key anti-IUU fishing regions." He further emphasized that the upcoming fifth inspection by the European Commission, scheduled for September/October 2024, is Vietnam's "last chance" prior to the European Parliament elections. If the "yellow card" cannot be removed during this inspection period, Vietnam will have to wait approximately three years for the next inspection.

Consequentlyed, Deputy Minister Phung Duc Tien urged agencies under the Ministry of Agriculture and Rural Development to organize a nationwide conference, with the aim of disseminating the Central Secretariat Committee's Directive No. 32. He also emphasized the principle of "guiding first, reviewing later", noting that “continuous inspections without acknowledging our mistakes are an ineffective approach."

"I have visited multiple fishing ports, examined each fishing logbook, and often felt disappointed with local leaders; because despite our numerous visits and extensive instructions, there has been no significant progress in local anti-IUU fishing efforts," Deputy Minister Phung Duc Tien shared.

In January 2024, Minister of Agriculture and Rural Development Le Minh Hoan signed Decision No. 407/QD-BNN-KN to establish the Ministerial Steering Committee on IUU Fishing Prevention and Control, with Deputy Minister Phung Duc Tien appointed as its head.

With the goal of enhancing central-level organization, Vietnam Fisheries Surveillance, as the permanent agency responsible for anti-IUU fishing initiatives under the Ministry of Agriculture and Rural Development, proposed a 90-day intensive campaign against IUU fishing in coastal provinces and cities, starting in June 2024.

General Director of the Vietnam Fisheries Surveillance Nguyen Quang Hung reported that in June 2024, an inter-agency inspection team, which comprises of representatives from the Ministry of Agriculture and Rural Development, Ministry of National Defense, Ministry of Public Security, etc., will conduct inspections in Ninh Thuan, Binh Thuan, Quang Ngai, Quang Nam, and Da Nang. In July, the team will conduct inspections in Ben Tre, Tien Giang, Ho Chi Minh City, Ba Ria - Vung Tau, Soc Trang, and Tra Vinh. In August and possibly extending into September 2024, the team will conduct inspections in the remaining provinces of Northern Vietnam.

Reducing the number of Vietnamese fishing vessels infringing on foreign waters

In agreement with General Director Nguyen Quang Hung, Deputy Minister Phung Duc Tien instructed the Vietnam Fisheries Surveillance to clearly define and assign responsibilities to all administrative levels, with a focus on "raising the responsibility of the leadership."

Based on the four recommendations made by the European Commission, Deputy Minister Phung Duc Tien requested the Vietnam Fisheries Surveillance to enhance inspection and control over fishing vessels that infringe on foreign waters. Additionally, he requested the agency to increase the response rate to violations to a minimum of 30%. This is a key task for the upcoming 90-day intensive campaign.

"Fisheries surveillance forces must coordinate with relevant local authorities in investigating, verifying, and responding to IUU fishing violations in a strict manner; prevent fishing vessels and fishermen from engaging in illegal fishing activities within foreign waters," Deputy Minister Phung Duc Tien highlighted.

In addition to high-level negotiations and technical dialogues with the European Commission, Deputy Minister Phung Duc Tien recommended strengthening international partnerships that emphasize regulations on controlling non-IUU violating fishery products. Consequently, this collaboration will provide technical support; enhance local capacity for law enforcement and anti-IUU fishing activities; and expand markets for Vietnamese fishery products.

Deputy Minister Phung Duc Tien tasked the Directorate of Fisheries with investigating and re-licensing fishing vessels that disconnect their vessel monitoring system for over six months. Accordingly, fishing vessels measuring over 24 meters in length will be the primary target for this task. The Directorate is responsible for coordinating with VASEP and local Sub-Departments to trace the origin of harvested fishery products, and confirm the entry and exit of fishing vessels at designated fishing ports.

"We cannot afford to be lenient anymore. It must be clearly communicated to fishing ports and vessel owners that failing to enter designated ports constitutes a violation," emphasized Deputy Minister Phung Duc Tien.

In addition, the Directorate will collaborate with local governments to compile, monitor, and publicly announce a list of fishing vessels at high risk of IUU fishing violations, vessels engaged in illegal fishing activities within foreign waters, and "3 no" fishing vessels (no registration, no monitoring system, and no origin traceability). On the other hand, the Directorate of Fisheries must promptly issue plans to inspect and control imports, transshipments, re-exports, and transits of albacore tuna through Vietnamese territory; control imported shipments of seafood products harvested from yellowfin tuna, bigeye tuna, swordfish, and albacore tuna via container ships.

Furthermore, the Deputy Minister proposed establishing a hotline and multiple official channels for exchanging information on IUU violations between countries and territories. Consequently, relevant parties can coordinate efforts in preventing illegal fishing activities, and resolving related conflicts at sea in a friendly and humanitarian manner.

At the local level, Deputy Minister Phung Duc Tien proposed allocating resources to maintain constant operational readiness; monitor all local fishing vessels measuring over 24 meters in length through the vessel monitoring system; and strictly respond to each violation of VMS disconnection.

Mr. Tran Dinh Luan, General Director of the Directorate of Fisheries and Deputy Head of the Ministerial Steering Committee on IUU Fishing Prevention and Control, revealed that the Ministry of Agriculture and Rural Development is currently collaborating with the Ministry of Public Security to review vessel data based on user-submitted information using the VNeID application. The Government issued Resolution No. 44/NQ-CP on April 5, 2024, stipulating that the integration process will be completed by July 1.

The Ministry of Agriculture and Rural Development is currently focused on cleaning up data, with the aim of completing this task before May 30. Moreover, the Ministry is preparing infrastructure and establishing connections to integrate the national population database with data on vessel registration and fishing logbook; thereby facilitating residency declaration for vessel owners and crew members.

However, Mr. Luan acknowledged that equipment in the fisheries sector is currently outdated, and fails to meet modern data storage and information security requirements. Consequently, he proposed the Ministry of Agriculture and Rural Development to gather feedback from the Government and relevant agencies regarding investment in this issue.