European Union position on Executive Order no 84
Monrovia, 18 May 2017Her ExcellencyMrs. Ellen Johnson SirleafPresident of the Republic of LiberiaExecutive MansionCapitol HillMonrovia, Liberia Your Excellency, I am writing this letter following instructions received from the European Union's servicesresponsible for maritime affairs and for development cooperation, DG MARE and DGDEVCO. The European Union recently learnt from the press about Executive Order no 84 ofApril, 24 pertaining to the Management of Liberia Fishery Resources. The European Unionhas been very supportive and appreciative of your administrations' efforts to improve fisheriesmanagement in Liberia's Exclusive Economic Zone and develop the domestic fisheries sector.Thanks to these reforms Liberia is now considered the country with the healthiest fish stockin the region. Our longstanding cooperation culminated in the signature in December 2015 of the EULiberiaSustainable Fisheries Partnership Agreement (SFPA), where both Liberia and theEuropean Union undertake to promote responsible fishing in the Liberian fishing zone asprovided for in FAO's Code of Conduct for Responsible Fishing. The SFPA has introducedgreat improvements in the sector governance, especially with regard to the licensing offoreign vessels, and has been generating significant revenue for the Government of Liberia.The European Union was surprised to learn about this Executive Order from the press as theSFPA agreement clearly states that "Art 3.5 - The Parties shall cooperate with a view toimplementing a sectoral fisheries policy adopted by the Government of Liberia and to thatend shall initiate a policy dialogue on the necessary reforms. They shall consult with a viewto potentially adopting measures in this area" and "Art 3.8 - The Parties shall consult oneanother prior to adopting any decision that may affect the activities of Union vessels underthis Agreement". The European Union has serious concerns about the implications of the EO 84. Based onexperience in other countries and beyond we have reason to believe that some of the measuresintroduced under Section 2 of the EO will not lead to sustainable investments, but rather tothe accelerated depletion of current fish stocks, resulting in reduced economic opportunitiesin the sector and increased food insecurity. In particular: Section 2.b - reduction of Inshore Exclusive Zone (IEZ) as established by the FisheriesRegulations of 2010 from 6 nautical miles to 3 nautical miles to "ensure that industrial andsemi-industrial fishing can restart and again become viable", and 2.c - "cumulative stock offishery resources to be harvested shall not exceed 100,000 metric tons per annum".These measures do not appear to be based on the precautionary approach of the FAO's Codeof Conduct for Responsible Fishing. Experience in other countries in the region and beyondhas demonstrated that this type of measure risks jeopardising fish stocks, artisanal fishermen'slivelihoods, amplified vulnerability of livelihoods and food security in the country, but it alsorisks being of little economic value for Liberia. The best way to ensure the viability ofindustrial and semi-industrial fishing is to strictly adhere to scientifically sound sustainabilityprinciples, which include the enforcement of a sufficient IEZ and a system of quotas based ona fish stock assessment. Section 2.b – Exemption of all APM Terminal and other Ports handling charges for fishingvessels below 500 gross tons, and 2.e - revision guidelines and fiscal regime for obtainingFishery License. We believe that these measures will prove to be a subsidy to foreign vesselsand that they will have little or no economic significance for Liberia; We also believe thesemeasures will likely open the door to undesirable operators who will be looking for newfishing opportunities when neighbouring countries take measures to reduce overfishing intheir waters or increase licencing fees. With regard to the transfer of the interim overall responsibility for the Bureau of NationalFisheries from the Ministry of Agriculture to the Liberia Maritime Authority (LiMA), wewould have rather welcomed a swift approval of the draft Fisheries Act by the Legislature.We would appreciate more information about the rationale for this decision and the impact ofit on other pieces of legislation. In our understanding the Ministry of Agriculture and LiMAhave very different mandates, and the Natural Resources Law created BNF under MoA as theregulatory body for the fisheries sector. Since 2015 the European Union has been cooperating with Liberia in the fight against Illegal,unreported and unregulated (IUU) fishing. One of the problems identified during thisdialogue was the fact that Liberia's internationally operating fishing vessels and reefers arenot controlled by the competent authority for fisheries. While this EO could be viewed as asolution to this problem, we do not believe it will solve the problem unless it is accompaniedby real task allocation within LiMA. The European Union looks forward to receiving moreinformation so that it can judge the impact of the Executive Order on the fight against IUUfishing. At the specific request of the Government of Liberia, the European Union has recentlycontracted a Technical Assistant to support the management of the Bureau of NationalFisheries, amongst other things in the implementation of the Fisheries Act. The opportunityand the Terms of Reference of this support will have to be re-discussed in light of the changesintroduced by EO 84. Moreover, the European Union has also committed to supporting the fisheries sector withEUR 7 million allocated under the EU-Liberia Agriculture Programme. In light of the recentdevelopments, DG DEVCO has confirmed that the Delegation should put on hold the designof this programme until the roles and responsibilities, and the impact of EO 84 are fullyclarified. The European Union made these funds available on the basis of the 2015 Liberiafood security assessment which found that more than half of the population still suffers fromfood insecurity and that fish is the main source of protein in the country. Our jointdevelopmental objectives are put at risk by the relaxation of the sector governance introducedwith the new Executive Order. The European Union remains available to provide all additional information and to continuethe dialogue with the Liberia authorities. A meeting between the competent services of theEU (DG MARE) and H.E the Ambassador of the Republic of Liberia to the European Uniontook place in Brussels on May 11, 2017. The regular Joint Committee of the EU-LiberiaSustainable Fisheries Partnership Agreement which will take place between June 7th and 9th inBrussels will provide an additional opportunity for dialogue. The EU Delegation in Monrovia will also remain engaged in the process and will welcomeany opportunity for further clarification with regard to our support projects, also incoincidence with the World Bank fisheries in-country mission foreseen for May 17-24 inwhich we will be closely involved. Please accept Madam President, the assurances of my highest appreciation. Yours sincerely,Tiina IntelmannAmbassador Cc: Hon. Moses M. Zinnah, Minister, Ministry of Agriculture Hon. Bioma S. Karama, Minister, Ministry of Finance & Development Planning Hon. Dr. James F. Kollie, Commissioner / Chief Executive Officer LiMA