Fisheries Regulations Enforcement and Surveillance

Moody Marine Ltd Page 23 Management decisions are made on the advice of DARD to the Provincial Peoples Committee. The Committee consults through its District structure to commune level. DARD advice is usually upheld. The taxation includes: turnover tax, where fisheries are charged a rate of 2 on the value of the annual landing; and profit tax applicable to all corporations. Registration Transfer Tax is applicable to all new fishing boats at the time of registration, followed by an annual licensing tax. In addition to these tax schemes a series of fees is in place. Each participating boat is required to hold a fishing boat licence, with a small fee US 2.5 payable to cover administration costs.

7.4 Fisheries Regulations

Fisheries management in Vietnam may be viewed as a two-tier system, where part of the responsibility lies with the provincial authorities and part with the Ministry of Agriculture and Rural Development. The latter has taken increasing responsibility for overall protection and enforcement during the 1990s. The fisheries law system has been built up during the past 35 years. Important developments in protection of fisheries resources and their living environment include: • Registration and issuance of documents related to fisheries: licensing over 80 of the boats in marine fisheries, export-import of fish seed, fish feed, veterinary drugs, etc. • Fisheries law, Circular no. 022006TT-BTS and later be updated by Circular no. 622008TT- BNN, which are the detail guidance for the Government Degree no. 592005NĐ – CP dated May 4 th 2005 regulated on the close fishing time, close fishing grounds, protected species forbidden to be caught all around the year or part of the year, minimum landing sizes. • Establishment of fisheries protection and inspection Decision No. 130-CT, 20 April 1991; Decision No. 187-TSQD; Decision No 415-TTg 19 August 1994. The fishery resource protection and inspection organisation with fisheries inspection boats is in force. Hazardous practices explosives, electricity and chemicals for catching fish have reportedly decreased. • Management of aquaculture has led to regulations of seed resources, drugs and feed, general management of aquaculture to increase efficiency and safeguard the environment, and epidemiological inspection of aquatic animals and animal products. • Management of quality and quality assurance has been established through Decision No. 648- TSQD 26 August 1994 and Decision No 569-QD-TC 5 July 1995. • The administrative outline for foreign nationals fishing in Vietnamese waters is managed through Decree No 491998ND-CP of 13 July 1998.

7.5 Enforcement and Surveillance

Boats are licensed and fishers pay a nominal administration fee for annual licensing. The number of licensed boats is felt to be accurate, largely in response to the fuel subsidies. The controlling activities are focussed on checking boat safety. There are no at sea inspections of catch. Fishermen appear to comply with the MPA restrictions. The boat operational demarcations are broadly respected, but trawlers abuse these regulations causing conflicts with crab fishers and some gear losses. 8 OTHER FISHERIES AFFECTING THE TARGET STOCK There are three fisheries of relevance. Trawling takes place inside the fishery areas. These boats catch blue crab as a by-catch but the quantities are reported as small. The main issue between the trawlers and netters is the loss of gear. Fishers estimate up to 1,000 metres can be lost in a trip. However, the gear is caught in the trawl net, Moody Marine Ltd Page 24 and trawlers are reported as landing land the net on shore to sell the lead weights. Boats from outside the province are reported as also fishing in the offshore areas. The level of interaction is unknown, but a parallel study 7 suggests that boats from other regions focus primarily on other grounds. There are 20 small-scale trap boats, which use small traps between October to February. The catch from these boats is very small. 9 KEY MSC STAKEHOLDERS The following is not an exhaustive list but indicates the breadth of consultation that would be carried out. This list would be completed in consultation with the stakeholders identified below and additional stakeholders may be identified during the assessment. However, ‘stakeholders’ for consultation must have a valid and established interest in the fisheries under assessment. Table 8: Key stakeholders Persons name Position Organisation Telephone number Email FisheryEnvironmental Management Bodies Nguyen Ngoc Phuong Vice director DARD Le Van Tinh Vice head of Agriculture divison, in charge for fisheries, DARD +84 988875859 levantinh.mpagmail.com Vo Quoc Trung Head of Inspection division, DARD Phan Ngoc Vu Vice director, Directorate of fisheries resource protection, DARD Fishing Industry Bodies Lawnin Crawford MD Yueh Chyang Canned Foods lawninycc.com.vn Apitorn Thurdsuwan Technicl Advisor Yueh Chyang Canned Mr. Ngũ Thế Hoàng Mai Linh, Vung Tau +84 64 362 1775 Mr. Thawatchai or Ms. Tran Phillips Seafood Vietnam Co. Ltd +84 58 374 3415 Mr. Lê Hữu Thọ SEASPIMEX- Vietnam +84 8860 6085 Ms. Nguyen Viet Nhat +84 8765 7 Moody Marine September 2009, Pre Assessment Report for Vietnamese Crab trap and gill net fishery Portunus gladiator, Portunus pelagicus, Portunus sanguinolentus, Phuoc Hai, Dat Do district, Ba Ria–Vung Tau province Moody Marine Ltd Page 25 Thi Thanh Thuy JAVICO 2466 Huynh Chau Sang Director of Ngo Quyen seafood company Non-Governmental Organisations Nguyen Thi Dieu Thuy Ms. Senior Fisheries Officer World Wildlife Fund Tel. +84 4 37193049 ext 142 or +84 915 330 320 Fax +84 4 37193048 Thuy.Nguyendieuwwfgreate rmekong.org 10 LIMIT OF IDENTIFICATION OF LANDINGS FROM THE FISHERY There are two towns with large fleets. These are Ha Tien, and Rach Gia. The island of Phu Quoc is also used as a landing site. There are a large number of smaller craft based from the small villages along the coast. Figure 4 provides details of the chain of custody. All crab are sold through middlemen. The larger crabs 100 mm or more are dispatched to picking stations. All the major packers have picking stations in Ha Tien, Kien Giang and Phu Quoc Island. Small and soft shelled crab is sold on the local market. Ninety percent of Vietnams blue swimming crab comes from Kien Giang province. However, limited landings are also made in Ba Ria-Vung Tau and Khanh Hoa. Figure 4: Chain of custody for Kien Giang blue swimming crab Domestic markets Foreign markets Fishers Middlemen and crab picking stations Processing companies Local markets Moody Marine Ltd Page 26 11 PRELIMINARY EVALUATION AGAINST MSC PRINCIPLES CRITERIA The certification of a fishery depends upon its compliance with the MSC Principles and Criteria. A series of questions have therefore been developed to determine: • the availability of sufficient information to measure the fishery against the requirements of the Principles and Criteria • the implementation of management measures to ensure that the fishery is both well managed and sustainably managed During the certification assessment, compliance with the Principles and Criteria will be determined by applying a scoring system to these questions or ‘performance indicators’. For this pre-assessment, the information available has been used to determine the general position of the fishery in relation to a series of generic performance indicators. This will also aid the evaluation team in modifying the performance indicators to best suit the fishery in question during the assessment. The position of the fishery in relation to the generic performance indictors is presented in the following table, and provides an indication of the availability of information in relation to the various requirements of the MSC Principles and Criteria for Sustainable Fishing. It also indicates, on the basis of available evidence, the extent to which the fishery meets these requirements. Where potential issues are identified, these are highlighted in bold italics. Principle 1 A fishery must be conducted in a manner that does not lead to over- fishing or depletion of the exploited populations and, for those populations that are depleted, the fishery must be conducted in a manner that demonstrably leads to their recovery. Criterion 1.1.1: It is highly likely that the stock is above the point where recruitment would be impaired. The stock or fishing mortality is at or fluctuating around its target reference point. There are positive indications from this fishery in that there does not appear to be a decline in average catch size, nor is there an significant imbalance between male and female crabs. Crabs are fast growing and can recover well. However, the increase in the number of small boats operating between 2 and 6 nautical miles, allied to the migration of females from and to inshore waters is a worrying sign Management policy focuses on fishery development. There is a strong focus on poverty alleviation and protection of coastal communities. Economic pressures on coastal fishers will prompt them to land undersized crabs. Nevertheless, a seasonal prohibition has been established in the near shore fisheries in order to protect the pawning stock. No specific CPUE reference points have been set. CPUE appears to be decreasing in response to deployment of longer nets. There has also been a transfer of effort into this fishery from other small-scale coastal boats. The fishery performance shows great variability over the last 10 years The fishery is believed to be fully exploited. Reported catch rates from fishers suggest some decline in CPUE around 40. Moody Marine Ltd Page 27 There is no information available on stock biomass. This means that by default the fishery is assessed according to the RBF. A preliminary SICA analysis Appendix 1 8 finds an average score of 4 i.e. less than 60. A temporal score of 4 is given assuming that fishermen fish between 50-75 of the period with the open season, fishing 6 daysweek or 120 days. A spatial score of 4 is given because this is a species caught within a restricted area, with known defined boundaries, but also without closed areas. However, no fishing takes place within 2 nautical miles or inside estuaries. An intensity score of 4 is given because the fishermen state that they consistently return to the same sites within a given year. A consequence score of 5 is give because there are full exploitation rates but unclear signs of stock health. The PSA scores the fishery as medium risk Appendix 2. Criterion 1.1.2: Reference Points Reference points are appropriate for the stock and can be estimated. The limit reference point is set above the level at which there is an appreciable risk of impairing reproductive capacity The target reference point is such that the stock is maintained at a level consistent with BMSY or some measure or surrogate with similar intent or outcome There are no harvest strategies linked to MSY. There is therefore a need to set target reference points against appropriate stock assessment variables. Specific additional safeguards might have to take account of seasonal variations and the impacts of large-scale changes in salinity. Stock assessment needs to take place to establish Harvest control rules. This includes the need to record CPUE, but also to undertake a assessment on the SSB. It is recognised that this is somewhat idealistic, and that data deficiency will be a problem in this fishery, but if this is the case, precautionary management systems are not in place to prevent over-exploitation. The analysis uses SICAPSA Criterion 1.1.3: Stock Rebuilding Where stocks are depleted rebuilding strategies are in place. There is evidence that they are rebuilding stocks, or there is high confidence based on simulation modelling or Management measures are in place, but it is not certain how effective the limited near shore closed season is. The minimum landing size restriction is not applied. The main concern is the expansion of effort in small boat fishery along with the increasing length in nets. There are no harvest strategies linked to MSY. There is therefore a need to set target reference points against appropriate stock assessment variables. Specific additional safeguards might have to take account of seasonal variations and the impacts of large-scale changes in salinity. Stock assessment needs to take place to establish Harvest control rules. This includes the need to record CPUE, but also to undertake an 8 Qualitative information was taken from a range of stakeholders as specified in Table 1 Moody Marine Ltd Page 28 previous performance that they will be able to rebuild the stock within a specified timeframe. assessment on the SSB. Criterion 1.2.1: Harvest Strategy The harvest strategy is responsive to the state of the stock and the elements of the harvest strategy work together towards achieving management objectives reflected in the target and limit reference points. The harvest strategy may not have been fully tested but monitoring is in place and evidence exists that it is achieving its objectives. There is no harvest control strategy, nor harvest control rules. Minimum landing sizes are not respected, and the regulation is undermined by the 15 margin of tolerance. Local demand exists for small and soft shelled crab. Fishers also regularly land berried hens. It is questionable as to whether the existing management system is precautionary, because of the above plus open access system. Criterion 1.2.2: Harvest Control -Rules and Tools Well defined harvest control rules are in place that are consistent with the harvest strategy and at a minimum ensure that the exploitation rate is reduced as limit reference points are approached. The selection of the harvest control rules take into account a limited range of uncertainties. Available evidence indicates that the tools in use are appropriate and effective in achieving the exploitation levels required under the harvest control rules. The minimum landing size and application of the control system is not consistent with precautionary management. There is a need to protect females to allow greater numbers to mature and release larger volumes of eggs into the fishery, Limited entry licensing and seasonal prohibitions need to be established if there is to be a clear link between harvest control inputoutput controls and independent management advice Moody Marine Ltd Page 29 Criterion 1.2.3: Information Monitoring Sufficient relevant information related to stock structure, stock productivity, fleet composition and other data is available to support the harvest strategy. Stock abundance and fishery removals are regularly monitored at a level of accuracy and coverage consistent with the harvest control rule, and one or more indicators are available and monitored with sufficient frequency to support the harvest control rule. There is no reporting of CPUE, nor regular monitoring of effort. The number of boats operating is known to have increased, but gear used has more than doubled. Clear attention needs to be paid to monitoring fishing effort and evaluating stock densities. Relevant information should be collected on effort in the zones taking account of size of nets, catch volume, sex and crab size. Criterion 1.2.4: Assessment of Stock Status The assessment is appropriate for the stock and for the harvest control rule, and is evaluating stock status relative to reference points. The stock assessment is subject to peer review. RBF is applied Principle 2 Fishing operations should allow for the maintenance of the structure, productivity, function and diversity of the ecosystem including habitat and associated dependent and ecologically related species on which the fishery depends 2.1 Retained Species – i.e. commercial by-catch by-product 2.1.1 Stock Status