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RUEHKN/AMEMBASSY KOLONIA 2697

UNCLAS SECTION 01 OF 04 KOLONIA 000102 
 
SENSITIVE 
SIPDIS 
 
DEPT FOR OES, HOLLY KOEHLER 
EAP/ANP 
SUVA FOR JOE MURPHY 
 
E.O. 12958: N/A 
TAGS: EFIS ECON EAID PREL AORC FM
SUBJECT: SURVEY OF MARITIME SURVEILLANCE AND  FISHERIES ENFORCEMENT 
IN THE FEDERATED STATES OF MICRONESIA (FSM) 
 
¶1.  (U) Summary.  The upcoming sub-committee meetings of the 
Western and Central Pacific Fisheries Commission (WCPFC), 
scheduled for September and October, will address unresolved 
issues of maritime surveillance and enforcement of the 
Convention area.  However, the FSM suffers from ineffective 
maritime enforcement due to unresolved WCPFC issues, namely lack 
of funding for patrol missions and inaccessible surveillance 
data.  FSM Maritime Enforcement officers and government 
officials generally agree that surveillance and enforcement 
measures require changes, but it remains to be seen if WCPFC 
will take appropriate action.  End Summary. 
 
UPCOMING WCPFC MEETINGS 
_ _ _ _ _ _ _ _ _ _ _ _ 
 
¶2.  (U) Pohnpei state, in the Federated States of Micronesia 
(FSM), will host two sub-committee meetings of the WCPFC in the 
fall of 2009.  The 2nd annual Ad Hoc Task Group (AHTG) Meeting 
on Data will be held on September 28 and 29.  Representatives 
from Japan, Korea, the United States, and several Pacific island 
nations are expected to attend.  The 5th Regular Session of the 
Technical and Compliance Committee Meeting (TCC5) will be held 
directly afterward, on October 1-6.  Attendees should include 
Australia, Canada, China, the European Community, Japan, Korea, 
and the United States. 
 
¶3.  (U) The AHTG meeting should produce a final draft of its 
"Rules and Procedures for the Protection, Access to, and 
Dissemination of Non-Public Domain Data and Information Compiled 
by WCPFC for the Purpose of Monitoring, Control or Surveillance 
(MCS) Activities in High Seas Areas and Scientific Purposes 
(R&P)" document for discussion at TCC5.  TCC5 will address the 
outstanding issues of surveillance and compliance, namely the 
regional observer program, vessel monitoring systems (VMS), and 
data management and access. 
 
CURRENT SURVEILLANCE MEASURES 
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 
 
¶4.  (U) During a June 2009 meeting, WCPFC Compliance Manager 
Andrew Richards confirmed that the WCPFC began managing VMS data 
of the region's high seas in 2009.  The number of authorized 
vessels reporting to WCPFC VMS grew from 280 vessels on April 1 
2009 to over 1,400 in June 2009.  The Pacific VMS in Sydney 
sends data to the Pacific Islands Forum Fisheries Agency (FFA) 
VMS and WCPFC VMS, depending on the vessel's location.  WCPFC 
VMS operators receive a report every four hours from each vessel 
located in the high seas - Richards estimates that each report 
costs the WCPFC about four U.S. cents.  WCPFC then relays the 
data to Commission members; each member has the sole right to 
view the VMS data for its own flag-vessels throughout the high 
seas pockets of the Convention area.  However, Commission member 
states do not have access to the VMS data of other nations' 
flag-vessels.  Richards noted that secure databases in the 
Pacific VMS headquarters currently house the data from WCPFC 
VMS. 
 
¶5.  (SBU) WCPFC is expanding its Regional Observer Program (ROP) 
on a phased basis.  By August and September of 2009, the goal is 
to have 100% observer-coverage of "purse seine" vessels in the 
Convention area.  Richards stated that a major area of focus for 
the observers is preventing the use of Fish Aggregating Devices 
(FAD) and other illegal fishing.  In 2010, 100% planned 
observer-coverage of purse seine vessels will increase to 3 
months of the year and in 2011 observer-coverage is scheduled to 
extend to long-liner vessels.  According to Bernard Thoulag, 
Executive Director of FSM's National Oceanic Resource Management 
Authority (NORMA), the FSM National Observer Program currently 
supplies the WCPFC ROP with 40 observers. 
 
¶6.  (U) Apart from VMS and ROP, national patrolling and local 
maritime police provide supplementary enforcement for the 
convention area, which covers each nation's Exclusive Economic 
Zones (EEZs).  In the FSM, the National Police Maritime Wing 
partners with the Royal Australian Navy and the U.S. Coast Guard 
(USCG) to carry out surveillance and enforcement.  The Permanent 
Shiprider Agreement, enacted between the FSM and the USCG, 
 
KOLONIA 00000102  002 OF 004 
 
 
allows USCG ships to conduct enforcement operations within the 
FSM EEZ with Micronesian observers riding along.  The agreement 
was used in Operation Rai Balang in May 2009 to great success 
(Note: see paragraph 15).  FSM enforcement measures also include 
dock-side boardings and observance of VMS data. 
 
SURVEILLANCE LIMITATIONS 
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 
 
¶7.  (SBU) According to Thoulag and Justino Helgen, Fisheries and 
Drug Enforcement Officer of the FSM National Police Maritime 
Wing, effective maritime surveillance relies on the efficiency 
of a three-part system: VMS, ROP, and patrolling.  However, 
these three features do not work very well in the FSM.  Thoulag 
noted that the FSM's patrolling efforts are inadequate as the 
country lacks funding for fuel and has just three patrol boats, 
only one of which is currently operational.  Helgen agreed, 
stating that there are times when Maritime Enforcement will see 
an unlicensed vessel in the FSM EEZ but cannot send a patrol 
boat out for lack of fuel.  Further, while Thoulag acknowledged 
the necessity of VMS, he noted that only registered vessels can 
be tracked.  He is concerned about the unregistered vessels that 
are unmonitored and illegally fish in insufficiently patrolled 
waters.  Given that the FSM EEZ spans 1.3 million square miles, 
Thoulag explained that it is virtually impossible for his 
maritime enforcement unit to effectively patrol the zone with 
the FSM's one boat. 
 
¶8.  (SBU) According to Richards, there are significant 
unresolved issues concerning costs and staffing for WCPFC's new 
surveillance measures.  The four cent cost of each data report 
"adds up" according to Richards, who stressed that cost is the 
Commission's "biggest worry."  Moreover, the cost of data 
reports and the need for staffing are likely to increase as more 
vessels register with WCPFC.   Richards also pointed out some 
cost recovery issues.  For example, a VMS malfunction often 
causes an Automatic Location Communicator (ALC) to send 40 
reports per hour and WCPFC is forced to pay for those reports. 
 
¶9. (SBU) Second Secretary and Development Assistance Officer of 
the Embassy of Japan in the FSM, Mariko Harada, also discussed 
the cost issue.  She opined that since WCPFC has only been in 
operation for 5 years, "there should not be much increase in the 
expenses and member contributions."  She said this was 
particularly important because some of the developing countries 
cannot pay the rising costs.  Harada described the new 
surveillance measures as costly and "difficult to follow," 
saying that measures "should be implemented in a more cost 
effective way." 
 
¶10.  (SBU) Thoulag also stated that there are not enough 
observers to cover the 771 purse seine vessels authorized to 
fish in the Convention area.  While the FSM had expressed the 
need to increase its number of observers to at least 50 in March 
2009, there are still only about 40 certified observers.  The 
FSM had only 12.3% observer-coverage of purse seine vessels in 
2007, but is scheduled to increase coverage to 100% by 2010. 
 
¶11.  (SBU) Richards said one of the main reasons for WCPFC's 
management of the VMS is for national access to flag-vessels in 
international waters.  However, Thoulag emphasized his interest 
in being able to monitor FSM flag-vessels in the Convention area 
, but stated that NORMA is still unable to access that data. 
Harada said Japan is also unable to access the WCPFC VMS. 
 
¶12.  (SBU) Helgen estimates that fuel for 12 days of 
surveillance operations by one patrol boat costs USD 30,000. 
Furthermore, one of the FSM's patrol boats is currently in need 
of an additional USD 80,000 deposit to its Life Extension Plan, 
to which Australia has already contributed more than USD 3 
million.  A second patrol boat is in need of USD $250,000 in 
repairs.  These funds are not readily available to the FSM 
government.  Thoulag said WCPFC incentives for national 
governments to allocate appropriate funds to maritime 
enforcement and maintenance could improve these programs. 
 
AREAS OF PARTIAL SUCCESS 
 
KOLONIA 00000102  003 OF 004 
 
 
_ _ _ _ _ _ _ _ _ _ _ _ _ 
 
¶13.  (SBU) Collaboration between small Pacific island nations 
has proven effective.  Palau, FSM, and the Marshall Islands 
enacted a permanent Niue Treaty Subsidiary Agreement (NTSA) in 
November 2008.  The agreement provides that Pacific Patrol Boat 
crews have jurisdiction in all the agreement-members' EEZs. 
Helgen said that FSM Maritime Enforcement works closely with 
Papua New Guinea (PNG), Palau, and the Marshall Islands to let 
one another know when illegal or unlicensed boats are passing 
into neighboring EEZs.  While Helgen said that patrol missions 
are helped by the NTSA, more similar agreements between island 
nations would further improve surveillance and enforcement.  He 
cited a case of the PNG government alerting the FSM to an 
unlicensed fishing vessel leaving PNG waters, heading into FSM's 
EEZ.  Unfortunately, FSM Maritime Enforcement was unable to act 
against the vessel due to the nations' separate jurisdictions. 
 
¶14. (SBU) Bai Xia, First Secretary for Business of the Embassy 
of P.R. China in FSM, also noted the inconsistency of fishing 
regulations within WCPFC.  He said that there seems to be no 
standard with regard to the consequences of illegal activity. 
 
¶15.  (SBU) According to Helgen and Thoulag, less developed 
member states of the WCPFC could benefit from stronger support 
from more developed members.  Bilateral operations, including 
Operation Big Eye and Operation Rai Balang, have proved that the 
use of developed nations' surveillance and enforcement resources 
yield successful results.  USCG, Australian advisors, US Navy in 
Japan, agencies in Guam and Hawaii, and FSM Maritime Wing 
collaborated for Operation Rai Balang in May 2009, during which 
patrol boats swept the FSM and Palau EEZs.  The operation 
resulted in sixteen boardings with five citations issued and the 
apprehension of one vessel.  Commenting on fisheries 
surveillance and enforcement, Bai urged developed countries such 
as Japan, China, Australia, and the U.S. to take the issue 
seriously.  He believes that developed countries have an 
obligation help the Convention area, be it through 
technological, personnel, or monetary assistance. 
 
DATA MANAGEMENT AND ACCESS 
_ _ _ _ _ _ _ _ _ _ _ _ _ _ 
 
¶16.  (SBU) Helgen believes prohibitions on data access have 
hindered maritime enforcement.  He criticized observer use, 
noting that during dock-side boardings FSM maritime enforcement 
officers lack access to observer log books.  Observers must 
first submit data to NORMA, which then redistributes the data to 
maritime enforcement.  Helgen explained that by the time he 
receives the observer data, the fishing vessel will have already 
left the port and he will be unable to cross-check observer data 
with the vessel's fisheries log. 
 
¶17.  (SBU) Similar limitations on VMS data have also effected 
patrolling.  Helgen explained that by the time FSM officials see 
that an unlicensed vessel is in the FSM EEZ, it is often too 
late to send out a patrol boat.  He said that fishermen know 
that it can take an FSM patrol boat 2 to 3 days to reach the EEZ 
borders.  Illegal vessels will fish in FSM waters and then slip 
back into international waters before patrol boats can arrive. 
 
¶18.  (SBU) Making data more readily available could solve these 
problems.  The ability to view VMS data of vessel activity in 
the high seas pockets could improve FSM maritime enforcement 
capabilities.  Helgen said the ability to see an unlicensed 
vessel heading in the direction of the FSM EEZ would allow 
patrol boats to better prepare for the eventual EEZ-entry. 
[Note: The AHTG says that member states may request and receive 
near-real time VMS data for high seas areas, adjacent to and not 
more than 100 nautical miles from their EEZs. However, Helgen 
said he was not able to access this data.  End Note.]  Helgen 
said allowing Maritime Enforcement Officers direct access to 
observer data could also improve enforcement.  Representatives 
from Papua New Guinea reported at the Regional Observer 
Programme Third Intercessional Working Group Meeting in March 
2009 that they are in the process of developing and 
incorporating the use of electronic forms into their data 
 
KOLONIA 00000102  004 OF 004 
 
 
reporting and information management system.  Such electronic 
reporting could expedite the data dispersal and improve data 
management by local maritime enforcement officers. 
 
¶19. (SBU) According to Cao Zhu, Base Manager at Luen Thai 
Fishing Ventures located in Pohnpei, Luen Thai provides data on 
its catch to scientific and international organizations.  Luen 
Thai fishing vessels also give each fish in its catch a barcode 
which corresponds to its weight and grade.  The company then 
maintains and distributes the data for approved scientific 
research and management.  Cao explained that larger companies 
are not concerned with the confidentiality of most surveillance 
data and that only smaller, independent fishermen wish to 
maintain the secrecy of their data.  However, he did concede 
that Luen Thai does want assurances that the data it shares is 
used only for legitimate scientific research and international 
monitoring. 
 
FUTURE SURVEILLANCE CONCERNS 
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 
 
¶20.  (SBU) As of now, high seas pockets are still open and 
largely unregulated.  WCPFC vessel monitoring currently only 
functions to alert nations to their flag vessels' activity in 
international waters.  However, two high seas pockets will be 
closed in January 2010, according to the Third Arrangement 
implementing the Nauru Agreement.  The closure of two additional 
pockets will be discussed during the 6th Regular Session of the 
WCPFC in December of 2009.  After high seas closure, the WCPFC 
will have a number of new unresolved issues.  These will include 
patrolling and enforcement measures for high seas, data access 
and management of VMS in high seas areas, and regulations for 
transiting through high seas.  The high seas closure directly 
affects the FSM, as two high seas pockets boarder the FSM's EEZ, 
and the country is one of the only WCPFC member states that is 
authorized for high seas boarding for surveillance and 
enforcement purposes.  Helgen said if the WCPFC budget allows 
funding for increased fuel and patrol boats by individual 
states, FSM Maritime Enforcement could assist with high seas 
patrol and enforcement. 
 
COMMENT 
_ _ _ _ 
 
¶21.  (SBU) As both a coastal state and a distant waters fishing 
state, the United States has a significant interest in the 
fisheries of the Western and Central Pacific Ocean.  While the 
WCPFC has enacted surveillance and enforcement measures to 
prevent illegal fishing, FSM continues to be unable to provide 
the funds needed for effective patrolling of its large EEZ. 
There seems to be some effort among WCPFC member countries to 
strengthen all aspects of maritime enforcement, including 
national patrol programs.  However, TCC5 will likely neglect 
patrolling issues and focus more on VMS and ROP because of the 
dissension among member states about WCPFC's rising costs.  The 
FSM's maritime enforcement will likely remain underfunded, and 
its ability to control illegal fishing will remain reliant on 
the sporadic maritime surveillance operations of more developed 
countries.  End Comment. 
DOUGLASSWD