VZCZCXRO3588
PP RUEHCN RUEHGH RUEHVC
DE RUEHHK #0837 0821103
ZNR UUUUU ZZH
P 231103Z MAR 07
FM AMCONSUL HONG KONG
TO RUEHC/SECSTATE WASHDC PRIORITY 1053
INFO RUEHOO/CHINA POSTS COLLECTIVE PRIORITY

UNCLAS HONG KONG 000837 
 
SIPDIS 
 
SIPDIS 
 
STATE FOR EAP/CM AND OES/E 
 
E.O. 12958: N/A 
TAGS: CH EFIS HK KTIA PHSA SENV
SUBJECT: HONG KONG GOVERNMENT RESPONSE TO SOUTHERN OCEANS 
FISHERIES DEMARCHE 
 
REF: STATE 20633 
 
¶1. (U) SUMMARY:  AmConGen Hong Kong Economic Officer and 
Deputy Agricultural Section Chief delivered reftel message to 
Dr. S.F. Leung, the Hong Kong Agriculture, Fisheries and 
Conservation Department's (AFCD) Assistant Director 
(Fisheries), and Dr. Albert Leung, Senior Fisheries Officer 
at AFCD.  S.F. Leung replied that Hong Kong acknowledges the 
problem, but currently lacks the legislative framework to 
seize illegal, unregulated and unreported (IUU) toothfish 
shipments.  He noted that the Hong Kong government (HKG) has 
worked with Australia and the Commission of Antarctic Marine 
Living Resources (CCAMLR) on how best to address the issue. 
He pointed out that mainland China's membership in CCAMLR 
will allow for better coordination and prompt seizure of IUU 
shipments once they cross the border.  However, he doubted 
the ability of Hong Kong in the short term to pass the 
legislation needed for Hong Kong to become a CCAMLR member 
and implement a Catch Documentation Scheme (CDS).  He also 
noted that close monitoring and coordination with 
international partners has caused the trade in toothfish to 
drop considerably in Hong Kong since 2003.  END SUMMARY. 
 
¶2. (U) AmConGen Hong Kong Economic Officer and Deputy 
Agricultural Section Chief delivered message on IUU toothfish 
to Dr. S.F. Leung, the Hong Kong Agriculture, Fisheries and 
Conservation Department's (AFCD) Assistant Director for 
Fisheries, and Dr. Albert Leung, Senior Fisheries Officer at 
AFCD.  S.F. Leung replied that Hong Kong is fully aware of 
the problem and doing all it can to protect these resources. 
AFCD officials have worked closely with the Secretary of the 
Commission of Antarctic Marine Living Resources (CCAMLR) and 
with representatives from Australia and mainland China on 
this issue.  However, Hong Kong currently lacks the 
legislative framework to implement a Catch Documentation 
Scheme (CDS).  He elaborated that without domestic laws to 
enable the Hong Kong government to seize suspect shipments, 
the HKG lacks the authority at present to do anything other 
than monitor the shipments.  He stated that most of the 
toothfish entering the territory come from ships registered 
to Australia, New Zealand, Norway, South Korea, and Japan. 
Given that these countries abide by CCAMLR regulations, Hong 
Kong does not view these landings as a problem.  He stated 
that the HKG communicates closely with sending and receiving 
countries when it suspects a shipment of IUU toothfish. 
Furthermore, regarding suspect mainland Chinese vessels, S.F. 
Leung believes that China's entry into CCAMLR will help Hong 
Kong get around the gap in their legal system that prevents 
implementation of CDS.  Since most toothfish transshipments 
are destined for mainland China, Hong Kong can now inform 
mainland authorities of suspect IUU shipments.  Hong Kong 
hopes that Chinese authorities, now empowered through CCAMLR 
membership, will investigate and seize these illegal 
shipments. 
 
¶3. (U) Economic Officer asked when Hong Kong plans to draft 
laws that would allow the HKG to implement CDS and seize IUU 
toothfish.  S.F. Leung replied that AFCD has brought the 
issue up with the Central Policy Unit, which is responsible 
for making recommendations on drafting new laws.  However, he 
replied "honestly speaking, despite our best efforts to 
highlight this problem, it is very hard to make this a 
priority legislative issue considering all the other pressing 
domestic issues that the government must address."  He 
anticipated that it would take at least a couple of years 
before new laws would be drafted and implemented.  Meanwhile, 
he underscored that close monitoring has revealed a 
considerable decline of toothfish entering Hong Kong.  AFCD 
figures reveal that 96 tons of toothfish entered Hong Kong in 
¶2003.  After a brief spike to 220 tons in 2004, the number 
dropped sharply to 20.5 tons and 21 tons in 2005 and 2006 
respectively.  Economic Officer reiterated the importance of 
this issue.  S.F. Leung replied that the HKG will continue to 
work with its partners to protect these resources. 
CUNNINGHAM