VZCZCXRO6153
RR RUEHFL RUEHNP
DE RUEHRO #1415/01 3620744
ZNR UUUUU ZZH
R 280744Z DEC 09
FM AMEMBASSY ROME
TO RUEHC/SECSTATE WASHDC 3057
RUCPDOC/USDOC WASHINGTON DC
RUCPDC/NOAA NMFS SILVER SPRING MD
INFO RUEHMIL/AMCONSUL MILAN 0386
RUEHFL/AMCONSUL FLORENCE 3948
RUEHNP/AMCONSUL NAPLES 4172
RUEHBS/USEU BRUSSELS 4886
RUEHFR/AMEMBASSY PARIS 2620
RUEHMD/AMEMBASSY MADRID 1980
RUEHRB/AMEMBASSY RABAT 0449
RUEHTU/AMEMBASSY TUNIS 0534

UNCLAS SECTION 01 OF 03 ROME 001415 
 
SENSITIVE 
SIPDIS 
 
STATE FOR OES/OMC - D. WARNER-KRAMER 
USDOC FOR NOAA/NMFS - L. CIMO 
 
E.O. 12958:  N/A 
TAGS: EFIS SENV ETRD ICCAT IT
SUBJECT: ITALY FISHERIES ENFORCEMENT UPDATE: ENFORCEMENT DATA 
 
REF: A) 12/24/09 SIGNORETTI-CIMO E-MAIL  B) 08 ROME 1387 
 
¶1. (SBU) Summary.  Italian fisheries authorities have provided data 
on Port Captaincy-Coast Guard enforcement activities in 2008 and 
2009, for USG consideration in the context of the U.S. Moratorium 
Protection Act.  Although the 2009 data covers only the year to 
October, it shows an increase in inspections in ports and in 
illegal/non-licensed gear seized.  It also shows a significant 
increase in fish seized (including a sharp increase in seizures of 
full-size bluefin tuna) and in illegal fisheries-related facilities 
seized.  While driftnet-targeted inspections increased 2005-2009, 
driftnets seized and driftnet-related sanctions imposed declined. 
The Government of Italy (GOI) attributes this to the effectiveness 
of their enforcement efforts.  End summary. 
 
Driftnets: Change in Law Aids Enforcement 
- - - - - - - - - - - - - - - - - - - - - 
 
¶2. (SBU) On 22 December, Post received from Anna Maria de Santis, 
Chief of Staff to Under Secretary Buonfiglio, information on 
2008-2009 fisheries enforcement.  With the data came a cover memo 
from the European and International Policies Department, Marine 
Fisheries and Aquaculture Directorate General, Ministry of 
Agricultural, Food and Forest Policies, dated 17 December 2009.  The 
memo is titled: "Enforcement Activity Carried Out Against Vessels 
Using "Spadare" Driftnets."  Among other points, it highlights the 
June 2008 changes to Italian law, which increased existing penalties 
and added new penalties for actions such as possession on board of 
fishing gear which is illegal or for which the vessel does not have 
a permit.  The prior absence of this legislation was a key point in 
a recent case in which an EU court decided against Italy (see septel 
outlining recent changes in Italian fisheries policies).  Comment: 
the change in law likely facilitated the increase in inspections at 
the unloading point, and in illegal/non-licensed gear seized.  End 
comment. 
 
Anti-Driftnet and Bluefin Tuna Enforcement Efforts 
- - - - - - - - - - - - - - - - - - - - - - - - - - 
 
¶3. (SBU) The memo holds that the decline in sanctions imposed for 
driftnet violations, at the same time that the number of 
driftnet-related inspections increased significantly, reflects the 
success of Italian enforcement efforts in limiting illegal driftnet 
activity.   This combination of trends is illustrated by the graph 
transmitted to OES/OMC and the U.S. National Marine Fisheries 
Service in ref A.  Regarding bluefin tuna, Italian Coast Guard 
Admiral Tiberio Piattelli stressed to SCI staff on December 22 that 
Italy played an active role in the 2009 EU bluefin tuna enforcement 
campaign.  He noted that, as in 2008 (ref B), the Coast Guard 
obtained a special advisory notice ("NOTAM") forbidding low-level 
flights in the key areas in the Tyrrhenian Sea during intense 
periods of bluefin-tuna-fishing aerial surveillance.  Italy's 
participation in the EU bluefin tuna campaign included the following 
missions: 193 in ports; 88 at sea; 32 using airplanes; and 18 to 
tuna-ranching pens, at a total cost of 868,922 Euros. 
 
¶4. (SBU) The text of the memo is as follows (informal translation): 
 
The following information describes monitoring and enforcement 
activity carried out against vessels using driftnets in 2009. 
 
The Fishery Area Control Centers (C.C.A.P.) created with Circular 
Letter n.82/35668/II on May 30, 2000 by the General Command of the 
Port Captaincies-Coast Guard, have carried out a careful and 
incisive monitoring and enforcement activity, aimed at preventing 
and/or suppressing possible behavior not compliant with the 
regulations of the sector. 
 
The intensive and incisive activity carried out (including with the 
aid of airplanes) to prevent illegal fishing activity, together with 
the results achieved in a subject area which is in continuing 
evolution, demonstrate the solid preparation and the high level of 
knowledge of both national and European fishing regulations on the 
part of the enforcement authorities, and the strong interest in a 
careful monitoring of the coasts and of fisheries in general. 
 
In particular, following precise orders by the National Fisheries 
Control Center (CCNP), enforcement activity has been increased; the 
above-mentioned activity has consisted of intense operations which 
 
ROME 00001415  002 OF 003 
 
 
yielded the seizure of 244,700 meters of "spadare" driftnets during 
the 2009 season.  As is shown in the graph included in Annex 1 of 
this report, the above-mentioned [inspection] activity against 
illegal fishing with driftnets has increased over the last five 
years in an "exponential" way, with a reduction in the number of 
sanctions imposed demonstrating the efficacy of the enforcement 
system, which has yielded a containment of the phenomenon. 
 
In this regard, Decree Law n.59, which was issued on April 8, 2008 
and converted into Law n.101 on June 6, 2008, is particularly 
important, since it introduced modifications in the fisheries 
sanction system.  The above-mentioned law, aside from doubling the 
administrative penalties for fishing in prohibited areas or with 
equipment that is not permitted, introduced in the juridical system 
penalties for: 
 
1) detention of equipment that is not permitted; 
2) violations of Vessel Monitoring System (VMS) regulations; and 
3) violations of regulations related to the protection of certain 
fish stocks. 
4) It also introduced supplementary penalties. 
 
These changes are also favorably reported in the October 29, 2009 
ruling of the Court of Justice of the European Community, related to 
an infraction case against Italy for the "Absence of an efficient 
enforcement system for the driftnet ban" and, therefore, we believe 
that at this time the situation of the Government of Italy is in 
line with the European regulations currently in force regarding 
enforcement activity. 
 
The monitoring and enforcement activity has been implemented through 
special-purpose action plans prepared by the Port Captaincies 
General Command-Coast Guard, and aimed at combating this 
phenomenon. 
 
During the 2009 season, intense enforcement activity aimed at 
ensuring compliance with bluefin tuna fishing regulations also has 
been carried out. 
 
In Annex 2 we have included a summary of all the fisheries 
enforcement activities carried out by the Port Captaincies - Coast 
Guard. 
 
End memo text. 
 
¶5.  Below is the data provided by the GOI.  Note that the data are 
solely for the Italian Port Captaincy-Coast Guard; they do not 
reflect enforcement actions by the Finance Police, Carabinieri, or 
other entities. 
 
 
Italian Coast Guard Fisheries Enforcement Operations 
2008-2009 (2009 data is from January 1 - October 30) 
 
                                           2008       2009 
                                                  (to 10/09) 
 
NUMBER OF INSPECTIONS CARRIED OUT 
 
At sea                                     38,479     24,134 
At sea in marine protected areas            5,913      4,910 
At the unloading point                     48,177     56,060 
In fish markets and processing facilities  11,817      7,575 
In retail sales (including mobile vendors) 23,124     16,713 
In restaurants and similar                 11,493      9,905 
On the roads                                5,128      4,222 
In airports                                    57         12 
Other                                      12,656      8,724 
Total                                     156,844    132,255 
 
 
VIOLATIONS CITED FOR CATCHING UNDERSIZE SPECIMENS 
Total                                         321        354 
 
 
FISH LABELING AND TRACEABILITY VIOLATIONS CITED 
 
Labeling                                    1,460      1,004 
Traceability                                  812        725 
 
ROME 00001415  003 OF 003 
 
 
Total                                       2,272      1,729 
 
 
COMMERCIAL FRAUD VIOLATIONS CITED 
Total                                         287        312 
 
 
HEALTH CODE VIOLATIONS CITED 
Total                                         676        980 
 
 
FISH SEIZED (IN KG.) 
 
Date mussel                                   246        251 
Swordfish (full-size)                       8,311      7,571 
Swordfish (undersize)                        1359        337 
Bluefin tuna (full-size)                    7,865     95,847 
Bluefin tuna (undersize)                    4,368      2,267 
Product unsafe for consumption            221,594    341,859 
Product stemming from commercial fraud     12,412     32,285 
Product of sport fishing (full-size)       16,818      8,262 
Product of sport fishing (undersize)          261        113 
Other products (full-size)                 46,679     45,630 
Other products (undersize)                  8,005     23,027 
Total fish products seized                327,918    557,449 
 
 
ILLEGAL FISH STORAGE, SALE OR PROCESSING FACILITIES SEIZED 
Total                                           6         25 
 
 
DISPOSITION OF SEIZED FISH (IN KG.) 
 
Given to charity                            15,852    25,465 
Destroyed                                   94,233   228,563 
Thrown back in the sea or other            217,833   303,421 
Total                                      327,918   557,449 
 
 
FISHING EQUIPMENT SEIZED 
 
Number of illegal driftnets                      64       58 
Meters of illegal driftnets                 371,000  244,700 
Equipment not permitted for commercial fishing  878      971 
Equipment not permitted for sport fishing     1,283    1,131 
Other equipment                               2,454    1,430 
Total                                         4,679    3,590 
 
 
VALUE OF SANCTIONS IMPOSED 
Total (in Euros)                       5,545,895   4,651,748 
 
 
CURRENT RETAIL VALUE OF SEIZED FISH AND FISH PRODUCTS 
(for bluefin tuna, wholesale price in foreign markets) 
Total (in Euros)                       1,904,154   2,500,000 
 
THORNE