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Re: Trawler loads Alaska fish to blacklisted boat
infoshark - 23.07.2007, 11:42Trawler loads Alaska fish to blacklisted boat
Trawler loads Alaska fish to blacklisted boat
JUNEAU — At least two Seattle-based factory trawlers loaded fish products from their Bering Sea harvest to a Korean tramp steamer that is on an international blacklist because of its past involvement in illegal fishing activities, according Pete Gray, president of the Alaska Marine Pilots in Dutch Harbor.
The factory trawlers Ocean Peace and Seafisher transferred seafood to the M/V Seedleaf, a refrigerated tramp steamer, Gray said. “The Seedleaf has been, for the past 10 days, in Adak loading cargo from the trawlers mentioned,” Gray said July 11.
The activity is the second time this year in which cargo vessels under international sanctions related to illegal, unreported and unregulated fishing activities, referred to as IUU, have called at Dutch Harbor ports and been used by participants in Alaska fisheries.
The Seedleaf was blacklisted by the Convention on the Conservation of Antarctic Marine Living Resources (CCAMLR) for undocumented transport of fisheries resources in the Great Southern Ocean in February 2003.
The organization is made up of 34 nations, including the United States.
Although the U.S. was one of the founding members of CCAMLR in 1982, the Seedleaf's activities in U.S. waters do not violate the country's formal obligation under the treaty because no current federal law makes it illegal.
“The U.S. is not in violation because under CCAMLR the implementation is subject to the laws and jurisdictions of an individual state. The U.S. is in the process now of determining how best to implement these conservation measures related to IUU vessels. We want very much to develop rules that will work to address this issue. We're not there yet,” Monica Allen, press officer for the National Oceanic and Atmospheric Administration, said July 17.
Membership requirements vary among regional fisheries management organizations, or RFMOs, which monitor fishing activities in their respective regions and enforce harvest reporting.
One of the more important RFMOs for Alaska is the North Pacific Anadromous Fish Commission, which enforces a United Nations moratorium on high seas salmon driftnetting. Its members include Japan, Canada, Russia, South Korea and the United States.
“It's often the case that the regulations in these organizations say something to the effect of, in so far as national laws will make such action possible. I'm not sure that it's a hard and fast requirement in CCAMLR. It's certainly suggested,” said Patrick Morgan, a foreign affairs specialist at the National Marine Fisheries Service headquarters.
The blacklisted tramper
Flagged in Panama, the Seedleaf is owned by Boyang Ltd., a South Korean company with a checkered past. In 2002 Boyang and two other companies paid $5 million in damages for oil discharges in U.S. waters in the Pacific Northwest and a captain and vessel engineer employed by the company served six-month prison terms, the Seattle Times reported at the time. Company officials admitted that their 12-vessel fleet had hidden illegal discharges for seven years, according to the Times account.
Factory trawlers in Bering Sea fisheries operate in federal waters beyond the state's three-mile limit, but commonly enter protected Alaska bays and inlets to transfer their products to cargo vessels without docking in Alaska ports.
Spokesmen for both vessels declined to respond to questions about the Seedleaf. Mitchell Hull, chief operating officer of Ocean Peace Inc., did not respond to repeated phone calls to his Seattle office. “I have been told to tell you we have no comment,” an employee at the office said on July 13.
Tim Neintz, vice president of Cascade Fishing Inc., said the Seafisher was not putting pollock on the Seedleaf, but terminated a July 12 interview when asked if his ship was moving other species on the blacklisted tramper. “Call somebody else,” Neintz said before hanging up the phone.
Whether the products loaded on the Seedleaf arrive at their intended destination remains to be seen. After an international incident earlier this year in which pollock shipped on another blacklisted tramper was temporarily seized in a Moroccan port, the National Marine Fisheries Service issued an urgent advisory that the Seedleaf was bound for Dutch Harbor. The seized ship carried more than $9 million worth of Marine Stewardship Council-certified pollock from Trident Seafoods.
Current law anchors officials
Federal officials say they are powerless under current U.S. law to prevent the Seedleaf or other blacklisted vessels from operating in U.S. unless they find evidence of illegal activity.
Last year's reauthorization of the Magnuson-Stevens Fisheries Conservation Act imposed new requirements to address illegal, unreported and unregulated fishing, but the Fisheries Service is in the early stages of rule-making to comply.
A U.S. Coast Guard boarding team searched the Seedleaf when it arrived in Dutch Harbor in June, but found its holds empty.
“We went on board and examined the whole vessel and examined the cargo holds ... As far as I'm concerned they can load cargo on the ship,” Lt. Cmdr. Greg Crettol, commander of the Coast Guard station at Dutch Harbor, said June 12.
“We're a little behind the curve in promulgating regulations that would allow us to carry out the obligations that we have accepted in these RFMOs, which include denial or restriction of port access to vessels that get listed on these lists,” said Dean Swanson a Fisheries Service official in Washington, D.C.
Stephanie Madsen, executive director of the At-Sea Processors Association and the chair of the North Pacific Fishery Management Council, said the current legal situation is confusing to her members.
The owners of the Seafisher and the Ocean Peace do not belong to the association, but Madsen said one of her members, which she said did put product on the Seedleaf, was told the vessel was cleared by federal authorities for operations in the U.S. She declined to identify the company.
Lists of lists confuses industry
Several RFMOs maintain blacklists of pirate fishing vessels; some also maintain whitelists of ships that have been certified as legitimate operators. The Antarctic and Southern Ocean Coalition, a Washington, D.C.-based organization, keeps a redlist of vessels, which it defines as having “attracted international attention” because of proven or suspected IUU activity.
“There's a lot of different lists, depending on the RFMOs and who is the clearinghouse ... We're all kind of wondering what all this means and who's the regulatory body that OKs it,” Madsen said.
Trident Seafoods learned the risks of using blacklisted trampers when the Polestar, another blacklisted Panamanian-flagged tramper, was detained on May 24 by Moroccan military authorities at the request of European members of two Atlantic RFMOs, including one of which the U.S. is a member.
Federal agencies interceded and the Trident product was eventually removed from the Polestar and sent to its intended destination on a legitimate vessel.
The Polestar was blacklisted after it fled from North Atlantic waters off the coast of Greenland after it was observed taking on redfish from Georgian vessels. In recent years a growing number of vessels turn to the former Soviet satellite state as a flag-of-convenience, a country that has lesser safety, pollution control and other requirements for vessel operation compared to the U.S.
Trampers, like the Polestar and Seedleaf, are vessels that do not carry containers. They can load cargo at sea and at smaller ports and those without containerized infrastructure, which makes them valuable to Alaska's remote fisheries.
“Virtually every segment of the North Pacific population uses trampers in some way, shape or form,” Madsen said.
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