project no. car-4.1 b11a region: caribbean country: saint...

"Strengthening Fisheries Management in ACP Countries"

Project Funded by the European Union.

“This publication has been produced with the assistance of the European Union. The contents of this publication are the sole responsibility of ”name of the author” and can in no way be taken to reflect the views of the European Union.”

“The content of this document does not necessarily reflect the views of the concerned governments.”

Final Technical Report

Develop Fisheries Enforcement Toolkit

and Build awareness of fisheries enforcement

for “Enforcement Officers” authorized under the Fisheries Act

Project No. CAR-4.1 B11a

Region: Caribbean Country: Saint Lucia

Date: July 7, 2013

Assignment by: Winston Stephen Mitille

2

Project Funded by the European Union. A project implemented by Winston & Julia Mitille

Draft Final Technical Report

Table of contents

Acknowledgements 3

Abbreviations and Acronyms 4

Executive Summary 5-7

1. Background 8-9

2. Approach to the Assignment 9-12

3. Comments on Terms of Reference 12

4. Organization Methodology

4.1 Delivery and Terms of Reference 13-14

4.2 Conduct and details of the Assignment 14-18

5. Recommendations, Conclusions and Challenges 19-28

6. Appendices: Annexes 29-30

6.1 Annexes

A. Terms of Reference 31-34

B. Inception Report 35-39

C. References: reports, documents, online sites 40-41

D. Itinerary of Consultations 42-43

E. Photos of Meetings, Workshops 44-47

F. SWOT Report 48-63

G. Workshops Report 64-81

H. DVD Media Opening Recording

I. Fisheries ToolKit

Tables Abbreviations and Acronyms 1 4

Delivery: TOR Activities 13-14

3


Acknowledgements

The consultants of this assignment Mr. Winston Mitille & Ms. Julia Mitille would like

to express sincere thanks to all those persons who in one way or another contributed to

the successful completion of this project.

We do like to say a special thank you to the Regional Manager for the Caribbean’s ACP

FISH II Programme based in Belize, Ms Sandra Grant who provided valuable guidance

and full support throughout the project.

Special mention of the following persons who provided information and support which

assisted in the compilation of the Enforcement ToolKit:

DOF Staff:

Mr Rufus George – Chief Fisheries Officer

Mr Seon Ferrari-Fisheries Officer

Mr Thomas Nelson – Fisheries Biologist

Mrs Sarita Peters –Fisheries Biologist

Mrs Verl James-Secretary

Ms Cynthia Labadie – Administrative Officer

Mr. Vaughn Charles – Saint Lucia Fish Marketing Corporation

Mr. Paul Noel – Customs and Excise Department (Preventive Branch)- MOF

W/Sgt.184 Nadine George – Police Marine Unit -RSLPF

Mrs. Janine Compton - Antoine – SMMA Inc

Mr. Vincent La Corbiniere – Praedial Larceny Unit – MOA

Mrs. Cagina Foster- Lubin – Crown Counsel – Attorney General’s Chambers

Division of Veterinary Services – MOA

4


Abbreviations and Acronyms:

Table: 1

CRFM Caribbean Regional Fisheries Mechanism

CITES Convention on International Trade in Endangered Species

Customs Customs and Excise Department

MOLA Ministry of Legal Affairs

DOF Department of Fisheries

EEZ Exclusive Economic Zone

FAO Food and Agricultural Organization

IUU Illegal, Unreported and Unregulated Fishing

ICCAT International Commission for the Conservation of Atlantic Tunas

LMOs Living Modified Organisms

MOU Memorandum of Understanding

MOF Ministry of Finance

MOA Ministry of Agriculture

OSOPM OCES Standard Operating Procedure Manual

OFPM OECS Fisheries Prosecution Manual

PACE Police and Criminal Evidence

PMU Police Marine Unit

SPAW Protocol Concerning Specially Protected Areas and Wildlife

VLSD Veterinary and Livestock Services Division

W/Sgt Woman Sergeant

RSS Regional Security System

RSLPF Royal Saint Lucia Police Force

SMMA Soufriere Marine Management Area Inc

SWOT Strengths, Weaknesses, Opportunities and Threats

TOR Terms of Reference

UNCBD United Nations Convention on Biological Diversity

UNCLOS United Nations Convention on the Law of the Sea

UNFCCC United Nations Framework Convention on Climate Change

WCR Wider Caribbean Region

http://www.cep.unep.org/cartagena-convention/spaw-protocol/overview-of-the-spaw-protocol

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Executive Summary

DOF

The Department of Fisheries within the Ministry of Agriculture, Food Production,

Fisheries and Rural Development is the government unit charged with the

responsibility for managing the island’s fishing industry. The Unit is governed by the

Fisheries Act Chapter 7.15 of the revised Laws of Saint Lucia 2005.

The Mission of the Department of Fisheries is to promote self-sufficiency through

increased production of Marine and Aquaculture products, and to develop the fishing

industry and implement measures to ensure its sustainability.

The Project

The ACP Fisheries 11 project of a Fisheries Enforcement ToolKit is funded by the

European Union but was conceptualized by the DOF, Saint Lucia. In the past the

Department of Fisheries in an effort to address the problems of non-compliance,

organized workshops to sensitize the Judiciary and Enforcement Officers. However, due

to frequent transfers and rotation of personnel this sensitization exercises have proved to

be inadequate. As a result the need to develop a structured approach to training

Enforcement Officers and sensitizing the Judiciary on fisheries enforcement became a

concern for which a project was conceptualized for the development of a ToolKit.

This project’s aim is to develop a Fisheries Enforcement ToolKit to serve as a blue print

for future training of individuals authorized in the Fisheries Act Chapter 7.15 of the

revised Laws of Saint Lucia 2005 as Enforcement Officers, as well as persons identified

as trainers within these enforcement agencies.

Industry

With the reduction in the Banana Industry and the increasing focus on Tourism, the

Marine resources have been put under increasing pressure. As a result the government of

Saint Lucia has taken several measures to protect the marine resources by implementing

appropriate policies and management structures to protect and properly manage the

marine and fishery. For the past years we have seen the establishment and refurbishing of

several fishing facilities around the island to accommodate storage and better

management of the industry. This has been possible through financial and technical

assistance from friendly partner nations such as Canada, Japan and the European Union.

There have been increases annually in the number of vessels, fishermen, and fish landings

as per statistical information available from the DOF showing growth within the industry.

6


Assignment

The assignment was approached using:

a. Consultations and Meetings

b. Research and a Survey

c. Assessment , Analysis and Recommendations

d. Development of the ToolKit and

e. Workshops: validation and sensitization targeting fisheries enforcement

officers and the judiciary

The ToolKit Composition includes topics such as:

1. Briefings on sixty one (61) Fisheries Legal Instruments

2. Copy of Fisheries Act Chapter 7.15, of the revised Laws of Saint Lucia, 2005

3. Rights and Roles of Enforcement Agencies and Officers

4. Collaborative Strategy: MOU to establish among Agencies

5. Frequently Asked Questions (FAQ) Section

6. Most Common Offences

7. Sample Standardized Forms and Guidelines for implementation by Agencies

8. Training Guidelines and Suggested Training Areas for Enforcement Personnel

o Procedures for Investigating Violations

o Report Writing

9. Case Scenarios for use in training

10. A sample of a real case with the Compounding System for reference.

Assessment

The main agencies for which the Kit is being developed were assessed / analysed using SWOT

Analysis (ANNEX: F) to determine the current status of the knowledge, access to information,

training and collaboration which exist among agencies. These agencies included

Department of Fisheries - MOA

Customs & Excise - MOF

Police Marine Unit - RSLPF

Soufriere Marine Management Area Inc.

Workshops

Two workshops (ANNEX:G) were held one (1) to validate the ToolKit by Enforcement

Officers in the Fisheries Act Chapter 7.15, of the revised laws of Saint Lucia, 2005 and

the other to sensitize the Judiciary were held. The attendance at the Validation Workshop

saw twenty five (25) participants. While the Sensitization workshop for the judiciary saw

the appearance and participation of one (1) representative from the Attorney General’s

Chambers

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Recommendations

Collaborative approaches have been recommended to effectively maximize the use of the

limited resources available and in the process realise positive results in fisheries enforcement.

The establishment of MOU(s), and standardization of procedures and practices among

Agencies towards a collective approach can enhance the current efforts towards fisheries

enforcement. The recommendations focused on strengthening partnerships; increasing human

resources; enforcement: Activation of the Advisory Committee and Amendments to the

Fisheries Act Chapter 7.15 of the revised Laws of Saint Lucia 2005 and formalization of

systems as well as easy access to information.

Conclusion & Challenges

The Consultancy was a worthwhile exercise which exposed the shortcomings of fisheries

enforcement in Saint Lucia. The development and use of the ToolKit will address most of the

critical shortcomings of the legislation, issues among enforcement officers and agencies. The

assessment of these Agencies clearly highlighted the fact they are not working in tandem

towards achieving the fisheries enforcement goal. Recognising this there is urgent need for a

collaborative approach using the recommended instrument of a Memorandum of

Understanding to assist in accomplishing enforcement goals in the Fishing Industry. The way

forward is the formalization of procedures and activation of the Advisory Committee which

would steer the objectives of the Fisheries Act and by extension other legal instruments for

the industry. The Consultancy met with numerous challenges inclusive of a strike by Public

Service Workers which affected and included personnel at the DOF which caused a delayed

in the commencement by three (3) weeks. The absence from state of the contact persons at the

DOF resulted in the Consultants having to make changes in the dates schedule for the

workshops as new persons were reassigned to assist about three (3) days prior to the first

workshop. Contact with the new persons revealed arrangements among the Agencies were

not finalized with only one (1) response of confirmation and the Fisheries ToolKit document

forwarded to the DOF had not been forwarded to the participants. The Consultants at that

point through personal influence had to make contact with Agencies and forward the

document for it to be read ahead of time for discussion at the validation workshop. This

decision to change the date proved to work as the response was overwhelming for that

workshop.

The information the Consultants found out later, conveyed to the Agencies in particular

the Police was representatives from each of the sub stations. A misunderstanding by the

newly assigned person from the DOF (as described in the challenges experience in

executing this contract assignment). Unfortunately the sensitization workshop we found out

after the date was finalized met with an unexpected session with members of the legal

confraternity by the Government Minister responsible for the Industry on the same date and

we got only one (1) person showing up in spite of the assurance of at least five (5) confirmed

participants from the Bar Association. As a result the Power Point presentation was emailed

to the respective Agencies for feedback within a week of circulation. No feed back was

received by the DOF.

8


1 BACKGROUND

DOF

The Department of Fisheries within the Ministry of Agriculture, Food

Production, Fisheries and Rural Development is the government unit charged

with the responsibility for managing the island’s fishing industry. The Unit is

governed by the Fisheries Act Chapter 7.15 revised of the Laws of Saint Lucia

December 2005.

The Mission of the Department of Fisheries is to promote self-sufficiency through

increased production of Marine and Aquaculture products, and to develop the

fishing industry and implement measures to ensure its sustainability.

Fishing Industry

With the reduction in the Banana Industry and the increasing focus on Tourism, the

Marine resources have been put under increasing pressure. As a result the

government of Saint Lucia has taken several measures to protect the marine

resources by implementing appropriate policies and management structures to

protect and properly manage the marine and fisheries. The past years have seen the

establishment and refurbishment of several fishing facilities island wide to

accommodate additional storage and for better management of the industry. This has

been possible through financial and technical assistance from friendly partner

nations such as Canada, Japan, Taiwan and the European Union.

The island through the DOF has a registered fleet of seven hundred (700) fishing

boats and two thousand five hundred and sixty six (2,566) fishermen as of December

2012. The island recorded seventeen hundred and eight nine (1789) metric tons of

fish landings at a value of Eastern Caribbean twenty five million, two hundred and

eighty three thousand and thirty one dollars and ninety seven cents($25,283,031.97)

for the year 2012. There have been increases annually in the number of vessels and

fishermen registered with the DOF and information also show an increase in fish

landings for the same period.

Purpose of assignment

In the past the Department of Fisheries in an effort to address the problems of non-

compliance, organized workshops to sensitize the Judiciary and Enforcement

Officers. However, due to frequent transfers and rotation of personnel this

sensitization exercises have proved to be inadequate. As a result the need to develop

a structured approach to training Enforcement Officers and sensitizing the Judiciary

on fisheries enforcement became a concern for which a project was conceptualized

for the development of a ToolKit.

9


This project’s aim is to develop a Fisheries Enforcement ToolKit to serve as a blue

print for future training of individuals authorized in the Fisheries Act as

Enforcement Officers, as well as persons identified as trainers within these

enforcement agencies.

2 APPROACH TO THE ASSIGNMENT

The assignment was conducted in two phases. The first involved document review,

consultations, data collection and analysis. This information provided specific inputs

to drafting the Toolkit. The second phase involved validating the Toolkit and

sensitizing enforcement agencies. The consultants divided the work to ensure

maximum output within the timeframe of the project.

The tasks were undertaken by Consultants as follows, some of which occurred

concurrently:

TASKS

Winston Mitille Julia Mitille

Meetings with Agencies – SWOT Assessment Questionnaire

SWOT Analysis

Survey with Law Enforcement Personnel

Meetings with DOF

Logistics for Workshops

Power Point Presentation – Sensitization Workshop

Organizing Sequence & Content of Toolkit and Draft Report

Editing Toolkit Content and Report

Preparing Typed Information for Toolkit

Formatting Document s

Printing for Workshops

FAQ, Common Offences

Facilitating Workshops

Designing Cover and Separations , Photos for Toolkit

Organizing Meetings with respective Agencies

Research for assignment/project

Emailing Toolkit to Agencies for Workshops

The assignment composition included:

Consultations/Meetings

Research

Assessment , Analysis and Recommendations

Development of the ToolKit

Workshops: validation and sensitization among the targeted audience, that is,

fisheries enforcement officers and the judiciary

10


Public Relations

A number of Consultations were proposed in the Inception Report with the

following organizations : Department of Fisheries (DOF), other Government

Departments and Statutory Bodies (Customs and Excise -Department

Enforcement Unit, Police Marine Unit (PMU), Saint Lucia Fish Marketing

Corporation , St Lucia Air & Sea Port Authority (SLASPA), Judiciary and other

stakeholders (Fishermen Cooperatives, fishers and vendors: processed and

unprocessed) .

Materialization of a number of these consultations would have been undertaken by

guidance and findings after these meetings with the DOF and other Fisheries

Enforcement Agencies. The following is a breakdown of what obtained with the

approach to the assignment:

Consultants had an initial meeting with representatives of the DOF to discuss

the objectives and proposed plan of action to undertake as well as obtaining

feedback for possible adjustments to the project assignment;

Subsequent meetings were also conducted with DOF to update and follow up

on the proposed activities which were to be undertaken by the Department to

successfully complete the assignment.

Consultants undertook a SWOT analysis of Agencies specifically as it relates

to the Fisheries Law enforcement; meetings were held with representatives of

each of the four (4) lead Agencies.

An assessment was taken to determine the current status of the knowledge,

access to information, training and collaboration which exist among agencies:

Department of Fisheries

Customs & Excise



An interview was conducted with Fishers Representatives Organization in the

name of The Saint Lucia Fish Marketing Cooperation as it plays a major role

is the sale of seized produce from fishers in Compounding cases

An interview was conducted with an enforcement partner the Praedial Larceny

Unit of the Ministry of Agriculture and from the meeting it was confirmed by

the Director Aqua culture and seamoss were produce covered in the Praedial

Larceny Act Chapter 3.05, of the revised Laws of Saint Lucia 2005.

11


This interview was as a result of request by the DOF to consider closer

collaboration with the operations of the Praedial Larceny Unit. This interview

was done with management of the Unit;

Survey:

A survey was conducted among officers of the Royal Saint Lucia Police Force

targeting three (3) officers from each of the Police Stations Island wide to

determine the awareness among these law enforcement personnel on the

Fisheries Act Chapter 7.15 of the revised Laws of Saint Lucia 2005 and

Regulations. This was done as a result of the feedback obtained from the

interviews which were being conducted among the Authorised Agencies.

Research & Review :

Consultants undertook a review of the Fisheries Act and other legal

instruments and manuals for the industry, know and unknown by the

Authorised Enforcement Agencies. Some were accessed from Local sources as

well as online websites of some Agencies.

A briefing was done on each of the sixty one (61) legislative instruments

(local, regional and international) of the Fishing Industry which were

identified during the research of the project.

Workshops:

A Workshop was done with participants of the Authorised

Enforcement Agencies to Validate the Fisheries Enforcement Toolkit.

A Workshop with the Judiciary was undertaken to sensitize them on

the Toolkit.

Press Release:

A Press Release was provided to the DOF for onward transmission to the local

media houses including the Government National Television Network for

coverage of the events to create awareness among the general populace.

12


Other (Content for Enforcement ToolKit):

Case Study Scenarios were prepared referencing areas under Fisheries Act

Chapter 7.15 and its Regulations as well as the Customs Control Management

Act 15.05, of the revised Laws of Saint Lucia, 2005.

A review of the Current Strategic Policy August 2008-2013 programmes of

the Government of Saint Lucia was undertaken and incorporated in the

assessment and formed part of the recommendations of the assignment.

Frequently asked Questions (FAQ) Section will be included in the Toolkit for

easy access to users of the Toolkit

Sample Standardized forms and guidelines were prepared for use by all

Agencies to avoid deficiencies in the implementation of the Fisheries legal

instruments.

Procedures for Investigative and report writing including sample format is

included in the Toolkit.

A sample of a real case with the Compounding System has been attached for

reference.

A draft of suggested adjustments on the Fisheries Act which is now before the

Attorney General’s Office was reviewed and considered in the assessment.

3 COMMENTS ON TERMS OF REFERENCES

There were no comments from the Consultants on the TOR.

The purpose of the assignment was the development of a Fisheries Enforcement

Toolkit to build awareness of legal instruments for managing the fisheries sector

among authorized Enforcement Officers in Saint Lucia.

The target audience being Authorised Fisheries enforcement officers and the

Judiciary of Saint Lucia.

13


4 ORGANISATION AND METHODOLOGY

4.1 Delivery of Terms of Reference (Table: 2)

The TOR activities of the assignment were completed successfully during the period

April 10- July, 2013 as described in table following:

Table: 2

Terms of Reference

How delivered through the assignment

(has it been done?

Or how has it been met – as a clear basis

for evaluation)

Results of Activities

1

Briefing by the ACP Fish II programme

and Fisheries Department

April 10th, 2013 - Completed

Meeting with the Chief of Fisheries, Mr

Rufus George and two (2) other DOF

officers Mr Seon Ferrari and Mr Thomas

Nelson

2

Review of the existing fisheries

documents

This will involve: (a) review of OECS

Fisheries Prosecution, OECS Standard

Operating Procedure Manuals (OFPM,

OSOPM) and other legal instruments as

it relates to Enforcement; and (b) the

consultant will be required to work with

personnel from the DOF (Technical

Team) and other agencies

judiciary/Customs/Police and other

authorized officers) to extract the

necessary information and produce the

Toolkit;

April 11th – June 30

th , 2013 - Completed

(reviews, meetings/consultations and

compiling document)

May 29th – Completed

Forwarded draft Fisheries Enforcement

ToolKit Document to

DOF for distribution to Validation

Workshop Participants

4

One 1-day validation workshop for 15

participants

11th June, 2013- Completed

Veterinary Conference Room, Balata,

CASTRIES

25 Enforcement Officers were in attendance.

5

14


In collaboration with the DOF facilitate,

organize and make logistical

arrangements to meet with judiciary to

sensitize them on the Toolkit;

18th June, 2013 - Completed

DOF Conference Room, Sans Souci,

CASTRIES

6

Invite the media to the opening session

of the Validation Workshop to develop

awareness of the Toolkit and

enforcement issues in Saint Lucia; and

Invited to Judiciary Sensitization

Workshop

11th June, 2013 – Completed

Veterinary Conference Room, Balata,

CASTRIES (Ministry of Agriculture

information unit – to distribute to

local media). The recording was distributed

and aired on the TV Stations as mentioned

in Inception Report.

18th

June, 2013 – Completed

DOF Conference Room, Sans Souci,

CASTRIES (more attendance, one(1)

representative from the Attorney’s

Chambers)

7 Finalize Toolkit and handover to the

DOF for distribution and future training.

Compile Toolkit (5 hard and 20 soft

copy on I-stick/CD) for distribution

July , 2013 - - Completed

Distributed hard copy and soft copy of the

ToolKit.

8

Prepare and submit final report in

accordance with the ACP FISH II

Programme guidelines

July , 2013 - Completed

Final report submitted to Regional Office

as per ACP FISH II Programme

guidelines.

4.2 Conduct and details of the assignment including visibility activities

In the delivery of this assignment the consultants divided activities into six (6) main

areas: i. Documents review

ii. Consultation with Enforcement Agencies in Saint Lucia

iii. Data collection and analysis (SWOT analysis, assessment of enforcement

officer’s knowledge of fisheries legal instrument)

iv. Development of the ToolKit

v. Workshops to validate the Toolkit and sensitize enforcement officers and the

judiciary

vi. Communication and Visibility

15


i. Document review

Consultants undertook a review of the Fisheries Act and other legal instruments in use,

known and unknown by the Authorised Enforcement Agencies. Some were accessed from

Local sources as well as online websites of some Agencies. A briefing or summary was

done on each of the sixty two (62) legislative instruments (local, regional and

international) of the Fishing Industry which were identified during the research of the

project (TABLE 5: TOOLKIT).

ii. Consultations

A number of Consultations and meetings were conducted with a number of organizations

which include the following: Department of Fisheries (DOF), Customs and Excise -

Department Preventative Branch, District and the Police Marine Unit (PMU), RSLPF,

Attorney General’s Chambers, Praedial Larceny Unit and the Veterinary Division, MOA

and the Saint Lucia Fish Marketing Corporation, (ANNEX E)

Consultants had an initial meeting with representatives of the Department of Fisheries to

discuss the objectives and proposed plan of action to undertake as well as obtaining

feedback for possible adjustments to the project assignment;

Subsequent meetings were also conducted with DOF to update and follow up

on the proposed activities which were to be undertaken by the Department to

successfully complete the assignment.

An interview was conducted with Fishers Representatives Organization, namely The

Saint Lucia Fish Marketing Cooperation as it plays a major role is the sale and storage of

produce seized from fishers in compounding cases and the storage of perishable exhibits.

An interview was conducted with an enforcement partner the Praedial Larceny Unit of the

Ministry of Agriculture and from the meeting it was confirmed by the Director Aqua

culture and Seamoss are considered as produce in the Praedial Larceny Act Chapter 3.05,

Laws of Saint Lucia 2005. This interview was as a result of a request by the DOF to

consider closer collaboration with the operations of the Praedial Larceny Unit during a

meeting with management of the Unit(DOF);

An assessment Consultation was undertaken individually with the respective

organizations: Department of Fisheries (DOF), Customs and Excise –Preventive Branch,

District and the Police Marine Unit (PMU), RSLPF and the Soufriere Management Area

Inc.

16


iii. 3. Data collection and analysis

Consultants undertook a SWOT analysis of Agencies specifically as it relates to the

Fisheries Law enforcement; meetings were held with representatives of each of the

Agencies (ANNEX F: SWOT Report Appendix 1). As part of the SWOT analysis

interviews were conducted among officers of the Royal Saint Lucia Police Force targeting

at least three (3) officers from each of the Police Stations island-wide to determine the

awareness among these law enforcement personnel on the Fisheries Act Chapter 7.15 and

its Regulations. This was done as a result of the feedback from the interviews which were

done among the Authorised Agencies. (ANNEX F : SWOT Report Appendix 2)

An assessment was taken to determine the current status of the knowledge, access to

information, training and collaboration which exist among agencies .(ANNEX F : SWOT

Report Appendix 1)


Customs & Excise



iv. Development of the Toolkit

A ToolKit (ANNEX: I) was prepared which include:

Case Study Scenarios referencing areas under Fisheries Act Chapter 7.15 and its

Regulations as well as the Customs Control Management ACT 15.05, of the revised Laws

of Saint Lucia, 2005.

The rights and roles of the Enforcement Agencies and Enforcement Officers.

Collaborative Strategies such as the establishment of MOU’S among agencies.

A review of the Current Strategic Policy August 2008-2013 programmes of the

Government of Saint Lucia was undertaken and incorporated in the assessment and

formed part of the recommendations of the assignment.

A Frequently Asked Questions (FAQ) Section for easy access to users of the Toolkit

Sample Standardized forms and guidelines for use by all Agencies to avoid deficiencies in

the implementation of the Fisheries Enforcement.

Procedures for Investigative and report writing including sample formats

A sample of an actual case with the Compounding System has been attached for

reference.

17


A draft of suggested adjustments on the Fisheries Act which is now before the Attorney

General’s Office was reviewed and considered in the assessment.

A listing and brief of all the Legal Instruments pertaining to the Fisheries Industry: Local,

regional and international.

v. Workshops

a. A Workshop was conducted with participants of the Authorised Enforcement

Agencies to Validate the Fisheries Enforcement Toolkit, June 11, 2013 with 25

participants (ANNEX G – WORKSHOP REPORT)

b. A Workshop with the Judiciary was undertaken to sensitize them on the toolkit,

June 18, 2013 with only one (1) participant showing up for the session.

(ANNEXES G & E).

vi. Communication and Visibility

A Press Release (ANNEX G: APPENDIX IV) was provided to the DOF for

onward transmission to the personnel of the local media houses including the

Government National Television Network for coverage of the events to create

awareness among the general populace.

vii. Conclusion

The Consultancy was a worthwhile exercise which exposed the shortcomings of

fisheries enforcement in Saint Lucia. Development of the ToolKit will address

most of the critical shortcomings of the legislation, issues among enforcement

officers and agencies. The assessment of these Agencies clearly highlighted the

fact they are not working in tandem towards achieving the fisheries enforcement

goal. As it stands each agency‘s focus is on their respective general goal which in

most cases are not fisheries specific. Recognising this there is urgent need for a


Understanding to assist in accomplishing enforcement goals in the Fishing

Industry.

The way forward is the formalization of procedures and activation of the Advisory

Committee which would steer the objectives of the Fisheries Act and by extension

other legal instruments for the industry. Most of the recommendations speak to

these issues and provide guidance to improve the operations of these agencies as

18


each executes their roles in fisheries enforcement (DOF, Customs & Excise,

Police and SMMA Inc). This would also translate into providing a better and more

efficient service to their clientele both within and outside the industry.

The ToolKit should be seen and used as the Blue Print to drive the enforcement of

the Fisheries Act & Regulation Chapter 7.15, of the revised Laws of Saint Lucia

2005. In so doing the initiatives, objectives and policies which govern the industry

would be realised. The ToolKit would also serve to boost the confidence of the

fisheries enforcement officers. This can also trigger higher public awareness as

each agency undertakes their role under the Act. The introduction of a

collaborative approach using Memorandums of Understanding will help

strengthen the drive to reducing fisheries violations and make effective use of

limited resources. Finally, while the judiciary is independent in the context of

dispensing justice they should take a more active and serious approach when

dealing with matters of fisheries violations. Having said this, the poor response by

the Judiciary to the Sensitization workshop clearly shows a disconnect between

the judiciary and fisheries enforcement agencies. It is hoped this document will be

put to use by the agencies personnel. The response of participants at the

Validation workshop gave a clear indication that a resource like this one was a

very good one which would be of significant benefit to them while they execute

their duties in fisheries enforcement.

viii. Challenges

The Consultancy met with numerous challenges inclusive of a strike by Public

Service Workers which included personnel of the DOF which caused a delayed

commencement by three (3) weeks. This was followed soon after by the absence

from state of both contact persons from the DOF during the preparation and

execution of the workshops. The responsibility was shifted to persons who were

new to the Consultancy this resulted in changing the dates of the Workshops as

follow up confirmation with the Agencies were not done in a timely manner. In

spite of these the main workshop saw the attendance of twenty five (25) persons

instead of the target fifteen (15) who were expected to attend.

The information we found out later, which was conveyed to the Agencies in

particular the Police was representatives from each of the stations and sub stations.

This was a misunderstanding by the newly assigned person from the DOF (as

described in the some of the challenges experienced in executing this contract

assignment).

19


5 RECOMMENDATIONS AND CONCLUSIONS

I. COLLABORATION

The ToolKit should be endorsed by all Agencies once it becomes available. It

should be used to sensitize Senior Management and Personnel within the

Authorised Fisheries Enforcement Agencies and organizations on the content as

well as recommendations based on the assessments undertaken during the

Consultancy.

Memorandum of Understanding (MOU)

a) Formalization of a collaborative effort by the Agencies through the

establishment of a joint MOU, to be signed by all four (4) main Authorised

Fisheries Enforcement Agencies (ANNEX I:APPENDIX J)


Customs & Excise Department

Soufriere Marine Management Area Inc and the

Royal Saint Lucia Police Force

Some suggestions are given for the content however it is subject to

modification by the parties concerned

b) Recommend separate MOU between DOF and Veterinary Department ;

c) Recommend separate MOU between DOF and Fish Marketing Corporation

d) Recommend separate MOU between DOF and Praedial Larceny Unit-

MOA;

1.1 COLLABORATIVE PARNERSHIPS

The Components of an Effective Collaboration

Fisheries Law Enforcement Officers can use the Toolkit to help them

implement strategies to enhance collaborative efforts to enforce the Fisheries

Act and other legal instruments associated with the industry.

Collaboration among these institutions can and will be challenging. As a result

the following is a guide to creating a successful collaborative strategy among

agencies.

Identifying the key stakeholders

Building trust among and between the partners

20


A shared vision and common goal(s) for surveillance and enforcement

among Agencies

Utilizing the expertise among partners to solve enforcement problems

Develop and implement teamwork strategies

Encourage and allow open communication among Agencies

Cooperate and establish links with motivated partners

Use limited resources effectively as the means to implement and

sustain the collaborative effort among Agencies

A joint Action Plan should be prepared among the Authorised Agencies.

There should be continuous revisiting of each component to assess the

status of the collaboration and determine what actions are needed to

enhance the collaboration.

This initiative can jump start with the establishment of the joint MOU among

Agencies

Not all law enforcement relationships must be collaborative, nor should they

all strive to be so. Relationships operate along a continuum, and the

appropriate working relationship may vary depending on the issue at hand.

However, when enforcement agencies implement a problem-solving project,

organize public awareness program, or initiate other similar community

policing initiatives, collaboration is critical.

The collaboration requires commitment from a number of individuals and

agencies to work together as a team and contribute resources to reach a

common, long-term goal. This ToolKit will help those who are committed to

developing, improving, and/or sustaining successful collaborations to enforce

the Fisheries Act and other legal instruments of the Fishing Industry (Sector).

Formation of a Coordinated Agencies Working Group to oversee training and

other workshops for Fisheries: A representative of this group should be

represented on the Advisory Committee.

One representative and an alternate be identified from each Agency to serve as

a/the contact person.

21


2. ADVISORY COMMITTEE

o The Advisory Committee (ANNEX I, GENERAL APPENDIX U) NEEDS

to be activated in keeping with the Fisheries Act Chapter 7.15 (of the

revised Laws of Saint Lucia 2005) to provide support to the limited

enforcement personnel at the DOF. It will serve as a group to undertake

monitoring and control and evaluation of the industry.

o It would be proper for the Unit to establish monitoring and evaluation

procedures to guide the Committee in executing its duties bearing in mind the

purpose of “Monitoring and Evaluation”:

o Collect relevant information which ties in with the objectives of your

Fisheries Plan Output;

It is therefore absolutely essential to plan ahead, develop indicators

at an early stage and collect baseline information to make the comparisons.

o Establish Indicators which would help the Unit determine if you have made

the differences or changes that the DOF planned to make in the lives of the

people, fisheries and improvement to enforcement in keeping with the services

to be provided by the Unit.

o Because outcomes are not directly quantifiable, you must use something that is

quantifiable to indicate that you have achieved them. Outcomes are not

directly quantifiable therefore it would be useful to use indicators. Indicators

should be: valid(1), key(2), feasible to measure(3) and useful(4):

VALID

A genuine measure of progress. Do not confuse achievement of outputs (doing what you said

you'd do) with indicators of having achieved your outcomes.

KEY

Those indicators which reveal the most. It is more valuable to measure key indicators roughly

than trivial indicators precisely.

FEASIBLE TO MEASURE

How will you collect the information?

USEFUL

How will the information inform service management and planning? How useful will this

information be in improving service delivery?

22


2.1 Legislation

FISHERIES ACT CHAPTER 7.15 (REVISED DEC 2005)

SECTION 4

FISHERIES MANAGEMENT AND DEVELOPMENT PLAN

(3) In the preparation and review of the fisheries plan the Chief Fisheries

Officer shall consult with the local fishermen, local authorities, other

persons affected by the fishery plan and with any Fishery Advisory

Committee appointed under section 5.

A) SECTION 5

FISHERIES ADVISORY COMMMITTEE

(1) The Minister may appoint a Fisheries Advisory Committee to

advise on the management and development of fisheries.

(2) Any Fisheries Advisory Committee appointed under this section

shall include the Chief Fisheries Officer and such other persons as

the Minister may consider capable of advising on the management

and development of fisheries.

B) PART 2 FISHERIES ADVISORY COMMITTEE,

6. FISHERIES ADVISORY COMMITTEE

7. COMMITTEE’S FUNCTIONS

2.2. WORKING GROUP for training

a) Formation of a Coordinated Agencies working Group ,a member from this

group should serve on the Advisory Committee with the Chief Fisheries

Officer (Refer to Fisheries Act 7.15)

b) A Listing be prepared with information: name, contacts etc of group

members;

c) A schedule be prepared selecting a particular day each month or a specific

period to meet. An example the third (3rd

) or fourth (4th

) Thursday of each

month or the first (1st) month every quarter.

23


3. ENFORCEMENT :

3.1. Human Resources

a) Job Description

In reviewing the Job Description the Fisheries Act Chapter 7.15 of the

revised laws of Saint Lucia 2005 is to be taken into consideration and the

following interpretations are to be noted.

FISHERIES ACT CHAPTER 7.15 : PART 1 INTERPRETATION

In this Act unless the context otherwise requires—

“aquaculture” includes mariculture;

“authorised officer” means any fisheries officer, any customs officer or

police officer and any other person or category of persons designated as

an authorised officer by the Minister under section 26;

“fish” means any aquatic animal, whether piscine or not and includes

shellfish, turtles, mollusc, crustacean, coral, sponge, echinoderms, their

young and their eggs;

“fisheries officer” means the Chief Fisheries Officer, Fisheries Officer, or

Assistant Fisheries Officer and such other officers appointed under section

3(2);

“fisheries plan” means the plan for the management and development of

fisheries prepared under section 4;

“fishery” means one or more stocks of fish or fishing operations based on

such stocks which can be treated as a unit for purposes of conservation

and management and which are identified on the basis of geographical,

scientific, technical, recreational and economic characteristics;

“fishery waters” means the waters of the exclusive economic zone,

territorial sea, and internal waters as defined in the Maritime Areas Act

and any other waters over which Saint Lucia claims fisheries jurisdiction;

24


Proper Job Descriptions need to be done using information from the legal

instruments which help govern the two (2) units within the Ministry.

It has been noted there should be similarities in the positions of the Job

Descriptions attached especially when it comes to the Aqua culturist &

Fisheries officer’s as the two serve as Fisheries officers in the areas as per

job Description “RESPONSIBILITIES AND RELATIONSHIPS” the

current Job Description now is represented by what is described below for

each officer:

I. Aqua culturist

Assists in the supervision of Ministry’s diversification

programme in coastal environmental control.

Advices stakeholders on sustainable means to enable higher

production levels in mariculture development.

II. Fisheries officer

Organises, plans and executes the work programme for the

Fisheries Extension Unit.

Collaborates with other Units within the Department to work

with fisher folk and other stakeholders to find solutions for

challenges/issues to achieve the mandate of the Department of

Fisheries to improve livelihoods.

The Enforcement Officer’s job is one of high risk and should be at a higher

Grade than it is presently, at least a Grade 14 as the lowest of positions

within the Unit. This job includes several other duties as well as

enforcement which do not have a standard eight (8) hours for a days work.

The enforcement officer should also be the security officer with

responsibility for liaising with community groups on matters of

security/violations of the Fisheries Act Chapter 7.15 of the revised Laws of

Saint Lucia, 2005.

b) Options: Consideration for Enforcement Officers

o Fisheries Extension Officers

Consideration should be given to making Fisheries Extension

Officers Enforcement officers thereby increasing the number above that of

the only two (2) persons currently with Fisheries Designations –

authorized officers as per Fisheries Act Chapter 7.15 (Chief Fisheries

Officer and Fisheries’ Officer).

25


o Saint Lucia Air and Sea Ports Police making them authorized

Fisheries Enforcement Officers.

Suggestion for consideration to be given to making the Saint Lucia Ports

Police (St Lucia Air & Sea Ports Authority)Authorized Fisheries

Enforcement Officers under the Fisheries Act Cap 7.15 of the revised

Laws of Saint Lucia 2005 . They have a presence at the Ports and as such

act as first responders.

The Job Descriptions need to be revisited in keeping with the

Fisheries Act Chapter 7.15 of the revised Laws of Saint Lucia 2005

Refer to Appendices: S & T

Consideration should be given to these areas of the Fisheries Act. Chapter

7.15 to make changes necessary for Job Descriptions of Fisheries

Enforcement Personnel.

c) The Formation of a Unit

The Formation of a Unit within the Ministry of Agriculture combining the

Praedial Larceny Unit with that of Fisheries Wardens making this Unit the

“Ministry of Agriculture’s Enforcement Unit.” This Unit will have fulltime

responsibility for enforcement and investigation. It can be modeled like the

Customs & Excise Preventative Branch.

Enforcement officers should be equipped with proper attire and tools to

execute their duties. This job is hired risk as persons lives can be

threatened having a position of enforcement.

3.1 LEGAL INSTRUMENTS

The Fisheries Act Chapter 7.15 of the revised Laws of Saint Lucia 2005 needs

to be revisited and amendments made:

It would be better for the Unit to meet with the Attorney General’s Office and scrutinize

the entire document to identify short comings and make amendments review some of the

fines with a view to increasing.

Amendments Suggestion: for the Certificate Evidence to be signed by a Justice

of the Peace;

26


Evidence as in revised Act of December 2005 goes contrary to the Evidence Act

Cap. 4.15 The law needs to be clear on its interpretation.

An interpretation needs to be given for Certificate as per Fisheries Act Chapter

7.15; as stated currently it is vague and does not have any interpretation given in

the document;

Suggestion the Fisheries Act Chapter 7.15 should have a maximum and

minimum fine, currently the Act only makes reference to a maximum amount to

be charged; there needs to be a fixed minimum and maximum amount stated.

Suggestion to make amendment for the Advisory Committee to be given the

Authority to deal with Fishery Violations Part 2 Page 8 Fisheries Act Part 5

Regulation 39. The entire Section would have to be read and studied thoroughly

and the exact content to be included there, be spelled out. There should be at least

three persons one with legal experience appointed to the advisory board to form a

tribunal to deal with the compounding of the matters.

In the Regulations consideration be given for the introduction

of a Ticketing system with the Compounding arrangement which now exist

whereby a fisher is given a maximum three citations for the same violation

following which the Licence of the perpetrator will be suspended or cancelled.

To be reviewed with Part 2, Fisheries Management and Development: No 15.

Cancellation or Suspension of Fishing Licences and No 13, Conditions of Fishing

Licence.

As required by Law of Saint Lucia the Expert (Advisors) need

to be registered with the Courts. Research need to be undertaken on the

requirements for submission to the Courts.

This could be one of the contributing factors which prevent the Magistrate not

accepting the signed document from the Chief Fisheries Officer for evidence. The

Fisheries Act needs to give a clear interpretation of the chief fisheries officer as

stated in Section 3 subsection 2 (a) as is it is not clear. It should state who or what

would qualify someone as the Chief Fisheries Officer.

An increase is recommended for the penalty fee for violations of Safety Gear of

five hundred dollars ($500.00) to be adjusted to a minimum of five thousand

dollars ($5,000.00), this is being suggested based on the high costs associated with

Search and Rescue Missions when fishers go missing at sea.

27


The increase charge would serve as a deterrent for fishers not to be in violation of

the regulations. Safety should not be compromised. It cost at about US$12000.00

to fly an aircraft for an hour to conduct a Search and Rescue Mission.

Reference for Safety Gear: Refer to Question 6 of FAQ

Section 4. Page 29-30

Safety Equipment Fisheries Act Chapter 7.15 of the revised Laws of

Saint Lucia 2005

4 TRAINING

Each enforcement officer should be exposed to training in investigation

techniques and reporting (as per ToolKit) to be sensitized to the entire process

of enforcement;

5 FORMALIZATION/ INFORMATION

Familiarization and use of OECS Manuals among agency personnel;

OECS Fisheries Prosecution Manual (1999)

OECS Standard Operating Procedures Manual (1999)

Fisheries enforcement officers and DOF Staff become familiar with the Live

Animals Act which is used by the Veterinary Department as they play their

role in Fisheries enforcement;

All other agencies besides the Police should carry a Uniform Fisheries

Enforcement ID;

Standardized forms and procedures should be introduced and used among all

Agencies;

Each Agency should be encouraged to use a Standard Form and or system to

record offences which can all be fed to DOF on a monthly basis to provide

statistical data on the offences (this will serve as an indicator to assist in

measuring the progress of enforcement within the sector in Saint Lucia). It can

also help in justifying funding from Government or external agencies in

Fisheries enforcement.

28


Periodic meetings be organized with Agencies, Judiciary and Attorney

General Chambers to address issues of concern, this would allow for open

communications between this partnering group.

Each Agency keeps a listing and documentation for easy access to

enforcement personnel within their respective agencies and the DOF serve as

the central point for access to all relevant information pertaining to the Sector.

6 STRENGTHENING PARTNERSHIPS

Increase awareness of Fisheries Legal Instruments with the legal

persons/representatives through participation in meetings of the legal

confraternity (Saint Lucia Bar Association); a representative of the Advisory

Committee can be the representation there.

Send updated information to the Saint Lucia Bar Association

Recommend a copy of the Toolkit be placed at each Police Station for

reference.

Recommended at least two(2) lobster rulers be given to each Police Station on

the Island.

Establish an Annual Competition among Secondary Schools on a “Sustainable

Fishery Project to increase awareness among the student population.

7 GENERAL

To compliment the ToolKit it would be appropriate for the DOF to compile a

Fisheries Legal Booklet. This document would highlight all the areas in each

of the Legal instruments as identified in the kit which deals specifically with

the Fisheries Industry, for easy reference. It would be time consuming for one

to have to browse each of this Legal Instruments to determine what areas

speak to the Fisheries Industry.

29


CONCLUSION

The Consultancy was a worthwhile exercise which exposed the shortcomings of

the fisheries enforcement in Saint Lucia. Development of the ToolKit will address

most of the critical shortcomings of the legislation, issues among enforcement

officers and agencies. The assessment of these Agencies clearly highlighted the

fact they are not working in tandem towards achieving the fisheries enforcement

goal. As it stands each agency‘s focus is on their respective general goal which in

most cases are not fisheries specific. Recognising this there is urgent need for a


Understanding to assist in accomplishing enforcement goals in the Fishing

Industry. The way forward is the formalization of procedures and activation of

the Advisory Committee which would steer the objectives of the Fisheries Act and

by extension other legal instruments for the industry. Most of the

recommendations speak to these issues and provide guidance to improve the

operations of these agencies as each executes their roles in fisheries enforcement

(DOF, Customs, Police and SMMA Inc). This would also translate into providing

a better and more efficient service to their clientele both within and outside the

industry.

The ToolKit should be seen and used as the Blue Print to drive the enforcement of

the Fisheries Act & Regulation Chapter 7.15, Laws of the revised Laws of Saint

Lucia 2005. In so doing the initiatives, objectives and policies which govern the

industry would be realised. The ToolKit would also serve to boost the confidence

of the fisheries enforcement officers. This can also trigger higher public awareness

as each agency undertakes their role under the Act. The introduction of a

collaborative approach using Memorandums of Understanding will help

strengthen the drive to reducing fisheries violations and make effective use of

limited resources. Finally, while the judiciary is independent in the context of

dispensing justice they should take a more active and serious approach when

dealing with matters of fisheries violations. Having said this poor response by the

Judiciary to the Sensitization workshop clearly shows a disconnect between the

judiciary and fisheries enforcement agencies. It is hoped this document will be put

to use by the agencies personnel. The response of participants at the Validation

workshop gave a clear indication that a resource like this one was a very good one

which would be of significant benefit to them while they execute their duties in

fisheries enforcement.

30


CHALLENGES

The Consultancy met with numerous challenges inclusive of a strike by Public

Service Workers which included personnel of the DOF which caused a delayed

commencement by three (3) weeks. This was followed soon after by the absence

from state of both contact persons from the DOF during the preparation and

execution of the workshops. The responsibility was shifted to new persons three

(3) days to the first workshop. The Consultants saw the need to changing the

dates of the Workshops as follow up confirmation with the Agencies were not

done in a timely manner.

Contact with the new persons revealed arrangements among the Agencies were

not finalized with only one (1) response of confirmation and the Fisheries ToolKit

document forwarded to the DOF had not been forwarded to the participants. The

Consultants at that point through personal influence had to make contact with

Agencies and forward the document for it to be read ahead of time for

discussion/validation. This decision to change the date proved to work as the

response was overwhelming for that workshop. Unfortunately for the sensitization

workshop the DOF and Consultants found out later in the day an unexpected

session with members of the law confraternity by the Government Minister

responsible for the Industry on the same date. One (1) person showed up in spite

of the assurance of at least five(5) confirmed participants. As a result the Power

Point presentation was emailed to the respective Agencies for feedback within a

week of circulation. No feed back was received by the DOF.

ANNEXES

A. Terms of Reference 31-34

B. Inception Report 35-39

C. References: reports, documents, online sites 40-41

D. Itinerary of Consultations 42-43

E. Photos of Meetings, Workshops 44-47

F. SWOT Report 48-63

G. Workshops Report 64-81

H. DVD Media Opening Recording

I. Fisheries ToolKit

31


Terms of Reference Annex A: 31- 34

ACP FISH II – STRENGTHENING FISHERIES MANAGEMENT IN ACP STATES

REGIONAL FACILITATION UNIT CARIBBEAN OFFICE, BELIZE

PROJECT CAR-2.3-B11a

TERMS OF REFERENCE

Assignment title Development of a Fisheries Enforcement Toolkit to build awareness of legal

instruments for managing the fisheries sector among authorized Enforcement Officers

in Saint Lucia

Beneficiary

organizations

Saint Lucia

Workplan activity Activity Number 2.3, Project No. B11a

Administrative

Supervisor

RFU Manager and Co-ordination Unit

Technical Supervisors RFU Manager and Saint Lucia Department of Fisheries representatives

Background

information and

rationale

The marine space around St. Lucia, like many other Caribbean nations, is utilized

extensively in order to provide a livelihood for the coastal communities and a vital

source of protein. With the reduction in the banana industry and the increasing focus

on tourism, the marine resources have been put under increasing pressure.

Recognizing the need for measures to protect marine resources, the Government of

St. Lucia implemented appropriate policies and management measures to protect and

properly manage the marine and fisheries resources. With assistance from ACP Fish

II a number of Public Service Announcements (PSA) were produced and aired to

educate stakeholders on fisheries regulations related to lobster, conch, licensing and

registration (fishers and vessels), and safety at sea. However, it has been observed

that fishers are still not familiar with or adhere to many of the policies and legal

measures.

Through the years most people who contravened or failed to comply with any of the

provisions of the Fisheries Act and Regulations were given the option of

compounding the offence, so that the matter could be settled out of court, without the

involvement of the Judiciary. This action has meant that offences regarding fisheries

matters are treated differently to criminal offences. The situation is made worse by

levying fines on offenders that are far below the maximum fine.

The DOF in an effort to address the problems of non-compliance, organized

workshops in the past to sensitize the Judiciary and Enforcement Officers. However,

due to frequent transfers and rotation of personnel this sensitization has proven

inadequate. It is important that the DOF develop a structured approach to training

Enforcement Officers and sensitizing the Judiciary on fisheries enforcement matters.

This project aims to develop a Fisheries Enforcement ToolKit to serve as a blue

print for future training of individuals authorized in the Fisheries Act as Enforcement

Officers, as well as persons identified as trainers within these enforcement agencies.

In developing the Fisheries Enforcement ToolKit consideration should be given to all

relevant national, regional, and international documents applicable to fisheries

32


enforcement in Saint Lucia. This should include, but not limited to:

a) national fisheries policy, legislation, existing fisheries management plans, governance

regime and

monitoring, control and surveillance systems;

b) cross-sectoral policies and issues that impact the marine ecosystem, inter alia,

environment, health, agriculture, tourism, trade, etc.;

c) existing international legal and policy framework for fisheries management

(UNCLOS, FAO Compliance agreement, UN Fish Stock Agreement, the Convention

on Biological Diversity, CITES, and ICCAT) and non-binding instruments such as

the Code of Conduct for Responsible Fisheries, the UN General Assembly resolutions

addressing fishing issues, and other relevant instruments;

d) existing local and regional legal and policy frameworks and Agreements governing

fisheries and relevant economic development and trade (e.g., CARICOM instruments,

the Draft Agreement Establishing the Caribbean Community Common Fisheries

Policy, and the Castries Declaration on IUU fishing);

e) the OECS Fisheries Prosecution Manual (OFPM) and the OCES Standard Operating

Procedure Manual (OSOPM) for fisheries surveillance and enforcement;

There is a need to build awareness of the Fisheries Act and Regulations and relevant

policies/legal measures among the enforcement agencies. This initiative will compile

the relevant fishing and fishing-related documents relevant to fisheries enforcement

so that the marine police, district police, customs officers, Marine Management Area

staff, judiciary, and other relevant agencies will have easy access to this information.

The Toolkit will be validated by Enforcement Officers from various institutions to

build awareness and obtain agreement on the content of the Toolkit. Once this

assignment has been completed and to ensure wide access to the ToolKit, the DOF

will organize and facilitate the distribution of digital copies of the Toolkit, future

training around the Toolkit and uploading the documents to the Department of

Fisheries website

(http://malff.com/index.php?option=com_content&view=article&id=48&Itemid=55).

Purpose of the

assignment

Develop Fisheries Enforcement Toolkit and build awareness of fisheries enforcement

for Enforcement Officers authorized under the Fisheries Act.

Activities of the

Consultant

The consultant will:

1. Attend briefing with ACP Fish II and the DOF directly responsible for the

coordination of this project.

2. The assignment will begin with a review of the existing fisheries documents, which

will form the basis for the development of the Toolkit. This will involve: (a) review

of OECS Enforcement Manuals (OFPM, OSOPM) and other legal instruments as it

relates to Enforcement; and (b) the consultant will be required to work with personnel

from the DOF (Technical Team) and other agencies (Judiciary/Customs/Police and

other authorized officers) to extract the necessary information and produce the

Toolkit;

3. Compile Toolkit (5 hard and 20 soft copy on I-stick/CD) for distribution;

4. With assistance from DOF facilitate, organize and make all logistical arrangements

(meeting venue, travel arrangements, accommodation (if required), invitation letters,

etc.) for one 1-day validation workshop, including lunch and break for 15 participants

. The Validation Workshop will be held at the DOF, Castries;

5. In collaboration with the DOF facilitate, organize and make logistical arrangements

to meet with judiciary to sensitize them on the Toolkit;

6. Arrangements should be made to invite the media to the opening session of the

Validation Workshop to develop awareness of the Toolkit and enforcement issues in

Saint Lucia;

33


7. Finalize Toolkit and handover to the DOF for distribution and future training;

8. Prepare and submit final report in accordance with the ACP FISH II Programme

guidelines.

Expected outputs a. Fisheries Enforcement Toolkit compiled

b. Toolkit validated by 15 Enforcement Officers;

c. Judiciary sensitized on the toolkit

d. Toolkit documents submitted to the DOF and RFU along with final report

Qualifications and

experience of the

Consultant

This project will be undertaken by a Legal Expert, Fisheries Management Specialist,

or Law Enforcement Specialist, with a degree in law (ocean, maritime), maritime

affairs or any area related to law enforcement or fisheries management. Specific

experience in devising and reviewing fisheries MCS and law enforcement is required.

Experience working in the Caribbean and knowledge of the Caribbean fisheries

especially will be a distinct advantage. The selected consultant should be able to

demonstrate a successful history of consultancy engagements in a field related to this

Terms of Reference.

Location and travel Based in Saint Lucia. Travel within country maybe required.

Expected Starting date

and duration

Start date: January 2013

The assignment should be completed between January and March 2013.

Reports

Name of

report Content Time of Submission

Inception

Report (IR) Plan of work for the project

No later than 5 days after

initial consultation with

the FD

Draft Final

Technical

Report

(DFTR)

Description of assignment,

achievements, problems

encountered, Validation

Workshop and Fisheries

Enforcement Toolkit itself

Submitted 10 days after

the Validation workshop.

Final

Technical

Report (FTR)

Revised DFTR taking into account

comments from the RFU, CU, and

Fisheries Administration

Within 10 days of

receiving comments on

the DFTR

Format of Final

Technical Report Format

MS Word Style

Pages numbered

Structure

Title Pages, Table of Contents, List of Annexes, List of Tables, List of Figures, List

of Photographs (if appropriate), Abbreviations and Acronyms

Executive Summary (1 to 2 pages)

Body of Report (up to 20 pages)

Conclusions and Recommendations (each recommendation must be preceded by a

conclusion) linked to the main content

Annexes

Annex 1 – Terms of Reference

Annex 2 – Programme and people met (including contacts)

Annex 3 – Complete Fisheries Enforcement Toolkit (this will be the standalone

document which may be re-printed in full by the FD)

Other technical outputs as appropriate

Please refer to the ACP Fish II guidelines for reports available at:

http://acpfish2-eu.org/index.php?page=templates&hl=en

http://acpfish2-eu.org/index.php?page=templates&hl=en

34


Estimated cost EUR.... 9.980

Please note that this is a Global price contract already including fees, per diems,

international and national travel expenses and incidentals.

Payment schedule A 30% advance may be paid on the signing of contract to support the operational

activities. The balance will be paid on approval of the Final Technical Report once

the Consultant submits the final invoice together with two copies of the FTR.

35


Inception Report ANNEX B:35-39

Inception Report

To Develop Fisheries Enforcement Toolkit

and Build awareness of fisheries enforcement

for “Enforcement Officers” authorized under the Fisheries Act.

Activity Number 2.3

Project No. B11a

Region: Caribbean Country: Saint Lucia

Date: March 18th

, 2013

Assignment by: Winston Stephen Mitille

36


1. Short Background

1.1 Introduction

Although the contract was signed on the 18th

March the inability to set a meeting with the

DOF caused a delay in the start of the project. This contributed to a delay in the submission

of the Inception report as the Consultants were not able to meet the DOF contact in the

person of Mr Seon Ferrari due to a Strike by Public Servants on the island from 18th

March –

April 8th

, 2013. The Consultants managed to arrange a meeting held April 10th

, 2013 with

the Chief of Fisheries, Mr Rufus George and two (2) other DOF officers Mr Seon Ferrari

and Mr Thomas Nelson

1.2 Saint Lucia

Saint Lucia is sovereign island country in the Eastern Caribbean Sea on the boundary with

the Atlantic Ocean. The island is part of the Lesser Antilles. It is located north/north east of

the island of St. Vincent, North West of Barbados and South of Martinique. It covers a

land area of 617 km2 (238.23 sq miles) and has a population of 174,000 (2010). Its capital is

Castries.

Saint Lucia’s Geographic Coordinates: 13.53 N, 060.58 W, Coastline 158km, Land Mass

606km, Water 10sq km

Saint Lucia’s Maritime Claims: Territorial Seas 12NM, Contiguous Zone 24 NM,

Exclusive Economic Zone 200NM, Continental Shelf 200NM or to the edge of the

Continental Margin.

Saint Lucia is party to the United Nations Law of the Sea 1982 (UNCLOS) and the

International Ship and Port Security (ISPS) Code.

The marine space around St. Lucia, like many other Caribbean nations, is utilized

extensively in order to provide a livelihood for the coastal communities and a vital source of

protein. With the reduction in the banana industry and the increasing focus on tourism, the

marine resources have been put under increasing pressure. Recognizing the need for

measures to protect marine resources, the Government of St. Lucia implemented appropriate

policies and management measures to protect and properly manage the marine and fisheries

resources. With assistance from ACP Fish II a number of Public Service Announcements

(PSA) were produced and aired to educate stakeholders on fisheries regulations related to

lobster, conch, licensing and registration (fishers and vessels), and safety at sea. However, it

has been observed that fishers are still not familiar with or adhere too many of the policies

and legal measures.

Through the years most people who contravened or failed to comply with any of the

provisions of the Fisheries Act and Regulations were given the option of compounding the

offence, so that the matter could be settled out of court, without the involvement of the

Judiciary. This action has meant that offences regarding fisheries matters are treated

differently to criminal offences. The situation is made worse by levying fines on offenders

that are far below the maximum fine.

http://en.wikipedia.org/wiki/Castries

37


1.3 Department of Fisheries (DOF)

The Department of Fisheries in an effort to address the problems of non-compliance,

organized workshops in the past to sensitize the Judiciary and Enforcement Officers.

However, due to frequent transfers and rotation of personnel this sensitization has proven

inadequate. It is important that the DOF develop a structured approach to training

Enforcement Officers and sensitizing the Judiciary on fisheries enforcement matters. This

project aims to develop a Fisheries Enforcement ToolKit to serve as a blue print for future

training of individuals authorized in the Fisheries Act as Enforcement Officers, as well as

persons identified as trainers within these enforcement agencies.

The Mission of the Department of Fisheries within the Ministry of Agriculture, Food

Production, Fisheries and Rural Development is:

To promote self-sufficiency through increased production of Marine and Aquaculture

products and to develop the fishing industry and implement measures to ensure its

sustainability. In order to attain this, the following components are highlighted:

Modernization of the fisheries infrastructure and fishing vessels;

The use of improved fishing gear and methods;

Regulation of fishing gear;

Protection of marine biodiversity;

Regulation of other marine based activities so as to mitigate negative

Impacts on the fishery sector and ensure the overall educational advancement

of fishers;

Development of appropriate fresh water marine aquaculture program

2. Comments on Terms of Reference

There are no comments on the Terms of Reference

3. Approach to the assignment (methodology)

Consultants will meet with Department of Fisheries to discuss the objectives and proposed

plan of action to undertake as well as obtaining feedback for possible adjustments to the

project assignment;

Consultants will undertake a SWOT analysis of Agencies specifically as it relates to the

Fisheries Law enforcement;

Consultants will undertake review of the Fisheries Act and other legal instruments used and

known by the Authorised Enforcement Agencies.

An assessment will be undertaken to determine the current status of the knowledge, access

to information, training and collaboration which exist among agencies:


Customs

Saint Lucia Air & Sea Ports Authority

38


Police marine Unit

Attorney General’s Office

Ministry of Agriculture – Veterinary Department

Soufriere Marine Management Area

Interviews will be conducted with Fishers Representatives such as the Fishing

Cooperatives, ordinary fishers as well as some of the police stations at the major

landing locations situated island wide.

A Workshop with participants of the Authorised Enforcement Agencies to Validate

the Fisheries Enforcement Toolkit.

A Workshop with the Judiciary will be undertaken to sensitize them on the toolkit.

Invitation to the media for coverage to create awareness among the general populace.

A review will be done of the various legislative instruments (local, regional and

international) of the Fishing Industry and Case Studies referencing areas under

various legal instruments

A review of the Current Policy programmes of the Government of Saint Lucia will

be undertaken and incorporated wherever necessary.

A draft of suggested adjustments on the Fisheries Act which is now before the

Attorney General’s Office will be reviewed and considered in the assessment.

Frequently asked Questions (FAQ) Section will be included in the Toolkit for easy

access to users of the Toolkit

Sample Standardized forms will be prepared for use by all Agencies to avoid

deficiencies in the implementation of the Fisheries legal instruments.

Procedures for Investigative and report writing including sample format will be

included in Toolkit.

4. Set up and members of the Technical Team

The Focal Point in Saint Lucia will be Fisheries Officer Seon Ferrari who is the local

representative for the ACP11 FISH 11 Programme.

There will also be collaboration with the various agencies especially the Police Marine

Unit and the Customs Department.

The Technical team include:

Winston Stephen Mitille – Consultant

Julia J D Mitille – Consultant

Mr Seon Ferrari (DOF) Fisheries Officer

Mr Thomas Nelson (DOF) Marine Biologist

39


5. Proposed work plan (including travel plan of experts)

5.1 The following is the breakdown of the major project activities scheduled to begin in April

2013 and be completed in June 2013 in keeping with the three (3) months , as stated in the

TOR.

Activity

Number

Description of Activity

Date of Activity

1. Inception and Work Plan April 2013

2. Consultations April 2013

3. Preparation and submission of

Inception Report

April 2013

4. Review of existing Fisheries

documents with relevant

stakeholders

April – May 2013

5. Print Consultancy documents in

preparation for the meetings with

different individuals and groupings

April 2013

6. Design and preparation of Toolkit April – May, 2013

7. Facilitate, organise all logistical

arrangements for 1(one) -day

validation workshop with DOF and

other Enforcement Officers

authorized under the Fisheries Act

May – June 2013

8. Facilitate, organise all logistical

arrangements for 1(one) -day

Sensitization workshop in

collaboration with DOF for the

Judiciary

May – June 2013

9. Finalize the validated Fisheries

Enforcement (Toolkit)

June 2013

10. Prepare and submit Draft Final

Technical Report

June 2013

11. Revise and submit Final Technical

Report

June 2013

5.2 Travel

Travel will involve a number of Locations Island wide including to a number of Agencies:

Castries, Gros Islet, Soufriere, Vieux Fort, Canaries, Anse La Raye, Dennery, Micoud,

Choiseul and Laborie

40


Reports and documents and Online Sites consulted Annex C: 40-41

1. Statutory Acts, Laws of Saint Lucia:

Fisheries Act Chapter 7.15

Customs (Control Management) Act.15.05

Regional Security System (Treaty-1)

Control of Importation of Live Fish Act Cap.7.16 (Act 5 of 1952)

Evidence Act - Laws of Saint Lucia Cap. 4.15 (Revision Date: 31Dec 2005)

Criminal Code - Laws of Saint Lucia Cap.3.01 (Revision Date: 31Dec 2005)

Maritime Areas Act - Laws of Saint Lucia Chap 1.16 (Revision Date: 31Dec

2005)

Beach Protection Act - Laws of Saint Lucia Chap.6.04 (Revision Date: 31Dec

2005)

Police and Criminal Evidence Act (PACE) 1984 Revised CODE C

Police and Criminal Evidence Act (PACE) 1984 CODE D

The Public Health Act (1975): for aspects of land-based sources of pollution;

Yachts Licence Act Chapter 15.35

The Solid Waste Management Authority Act (1996);

The Wildlife Conservation Act (1980);

The Land Development Control Act (1971);

The National Conservation Act (1999),

Revised Physical Planning and Development Act No. 29 of 2001,

: includes Environmental Impact Assessment regimes.

Returnable Container’s Act

The Marine Pollution Act

Forest, Soil and Water Conservation Ordinance (1945)

Crown Lands Ordinance (1946)

The Minerals Vesting Act (1966).

Fishing Industry (Assistance) Act No. 33 of 1972 and Fishing

Industry (Assistance) Regulations No. 25 of 1973

Pesticides Control Act (1975)

Saint Lucia National Trust Act of 1975

Tourism Industry Development Act (1981)

Water and Sewage Authority Act (1984).

Solid Waste Management Authority Act (1996)

Oil in Navigable Water Act (cap 91)

Fisheries (Snorkelling Licence) Regulations No. 223 of 2000

Animals (Diseases and Importation) Act Chapter 7.17

Praedial Larceny Act Chapter 3.05, Laws of Saint Lucia

2. OECS Harmonised Fisheries Legislation

3. OECS Fisheries Standard Operating Procedures Manual

4. OECS Fisheries Prosecution Manual

5. UN Fish Stock Agreement

41


6. International Shiprider Agreement

7. Management Measures by Fishing Vessels on the High Seas of 1993

8. FAO Compliance Agreement

9. The Castries Declaration on IUU Fishing

10. Agreement OECS – Common Fisheries Surveillance Zones

11. Draft Agreement establishing the Caribbean Community Common

12. CARICOM Fisheries Policy

13. Caribbean Regional Fisheries Mechanism (CRFM)

14. Geneva Conventions Act 1957 of the United Kingdom

15. United Nations Convention on the Law of the Sea (UNCLOS )

16. Convention on International Trade in Endangered Species (CITES)

17. Basel Convention on the Control of Transboundary movements of hazardous

wastes and their disposal

18. Convention Concerning the Protection of the World Cultural and Natural Heritage

19. Convention for the Protection and Development of the Marine Environment of the

Wider Caribbean Region (Cartagena Convention)

20. United Nations Convention on Biological Diversity (UNCBD)

21. Convention on the Prevention of Marine Pollution by Dumping Wastes and Other

Matter (MARPOL) (as amended)

22. International Convention for the Regulation of Whaling (as amended)

23. United Nations Framework Convention on Climate Change (UNFCCC)

24. Vienna Convention for the Protection of the Ozone Layer

25. International Commission for the Conservation of Atlantic Tunas (ICCAT)

26. Johannesburg Plan of Implementation Summit

27. Protocol on Cooperation in Combating Oil Spills; under the Cartagena Convention

28. Protocol Concerning Specially Protected Areas and Wildlife of the Wider Caribbean

Region (SPAW); under the UNCBD

29. Cartagena Protocol on the Biosafety; under the UNCBD

30. Montreal Protocol on Substances that Deplete the Ozone Layer; under the UNFCCC

31. FAO Code of conduct

32. Department of Fisheries Strategic Plan 2008 -20013

33. Plan for Managing the Fisheries of Saint Lucia (September 2006)

34. Statistics – DOF

35. www.stluciachamber.org

36. http://archive.stlucia.gov.lc/nemp/guidelines/OilStrategy.pdf

37. http://en.wikipedia.org

38. www.thecommonwealth.org

39. http://www.fao.org

40. www.caricom-fisheries.com

41. www.cites.org

42. www.un.org

http://www.stluciachamber.org/

http://archive.stlucia.gov.lc/nemp/guidelines/OilStrategy.pdf

http://en.wikipedia.org/

http://www.thecommonwealth.org/

http://www.fao.org/

http://www.caricom-fisheries.com/

http://www.un.org/

42


Itinerary, institutions and individuals consulted Annex D: 42-43

Inception Meeting with DOF – Mr

Rufus George(Chief Fisheries

Officer), Mr Seon Ferrari (Fisheries

Officer)& Mr Thomas

Nelson(Biologist) -

Field Visit

Review TOR

April 10th

SKYPE Meeting - Sandra Grant –

Regional Manager ACP 11, Belize

- Online

Logistics and guideline for

ACP Consultancy Contract

April 11th

Saint Lucia Fish Marketing

Corporation -

Mr Vaughn Charles – Manager

Field Visit

Discuss informal partnership

of organization with


April 14th


Mr Seon Ferrari (Fisheries Officer

)& Mr Thomas Nelson(Biologist)

Field Visit

Assessment Questionnaire

April 24th

Customs & Excise Department

Mr Paul Noel (Supervisor

Preventative Branch)- Field Visit

(Gros Islet)


May 8th

SMMA -

Ms Janine Compton-Antoine –

Manager - Field Visit


May 17th

DOF – Mr Seon Ferrari (Fisheries

Officer )and

Mr Thomas Nelson (Biologist)

Update on Consultancy

Meeting & Collection of

information

May 17th

Police Marine Unit – RSLPF

Sergeant 184 Nadine George –

Field Visit


May 17th

43


Praedial Larceny Unit – Head of

Unit

Mr Vincent La Corbinierre

(Telephone Interview )

Discuss informal partnership

of organization with

Department of Fisheries and

current role of Unit;

Praedial Larceny Act

(Sections)

June 4th

, 2013

Various ranks within the Saint

Lucia Police Force : (30) Field

Visits:

Gros Islet, Marigot, Dennery,

Anse La Raye, Rodney Bay, La

Toc -Castries, Laborie, Micoud

,Vieux Fort, Soufriere, Canaries,

Choiseul (Police Stations)

Assistant Superintendent Inspector,

Sergeant, Corporals, Special Police

Constables , Constables, Assistant

Superintendant of Police (ASP)-

RSLPF

Administering Mini

assessment

Survey Questionnaires

(island wide) at Police

Stations

May 16th

, 22nd

, 29th

,2013

June 4th

, 5th

,2013

Mrs Cagina Foster- Lubin

Crown Counsel

(Attorney General’s

Chambers – discussion on

Fisheries Act and Evidence

Act.

June 18th

44


Photographs: Meetings and Workshops Annex : E (44-47)

Meetings held with Fisheries Enforcement Authorised Agencies:

Consultant Mr Winston Mitille & Mrs Janine Compton- Antoine (SMMA)

Administering Assessment Questionnaire

Consultants Mr Winston Mitille & Ms Julia Mitille with

W/Sgt Nadine George (Marine Police Unit)

Administering Assessment Questionnaire

45


Consultants Mr Winston Mitille & Ms Julia Mitille with Mr Seon Ferrari &

Mr Thomas Nelson (DOF) - Updating on Progress of Consultancy

Validation Workshop Enforcement Officers – Veterinary Conference Room

Balata, Castries

46


Working Session – Validation Workshop (Enforcement Officers)

Working Session – Validation Workshop (Enforcement Officers)

47


Communications Unit – MOA covering Opening Ceremony

Sensitization Workshop – Judiciary, DOF Conference Room

Sans Souci – Castries 18th

June, 2013

48


SWOT REPORT ANNEX: F (48-63)

The analysis was undertaken to determine the level of understanding and knowledge of the

Legal Instruments which govern the industry among the agency personnel, examine resources

availability and limitations, restraints and constraints of these institutions generally as their

work towards a common goal of minimizing problems of Fisheries Enforcement. Questions

were posed to all the major agencies (Appendix: 1). with this goal in mind creating a resource

document which would assist in training and executing a more effective and efficient service

within in the Industry to benefit all stakeholders.

A SWOT Findings of Agencies:

1. Strengths

Numerous Legal Instruments are available to guide officers in Fisheries Enforcement

Agency personnel are very knowledgeable in the technical areas of their jobs

The inclusion of the RSLPF in enforcement

Recognition and respect of Agencies by members of the Public on the role of their

respective organizations

Government control institutions governed by Legal Instruments, Laws of Saint Lucia

2. Weaknesses

Clearly from the assessment, having administered the Questionnaire for the

Enforcement Agencies it was very evident that less than fifty (40%) of the Legal

Instruments are known and most of what is known there is limited knowledge on

content to Enforcement Officers; Agencies personnel were more familiar with the

Legal

Instrument s which government their respective organizations;

There is the absence of a formalized arrangement amongst most of the Agencies,

collaboration among agencies currently operate on a personal level between officers

and on a needs basis; The RSLPF and Customs were the only Agencies with a MOU;

The resources to execute enforcement among all agencies were limited and that

include Manpower; tools and equipment , storage and finance

There is not a central point of sharing information on the industry as it relates to the

legal instruments, procedures;

Although there exists the OECS Manuals none of the Agencies were using it however

having gone through the documents they would be very beneficial to the Agencies as

far as operational procedures and prosecution matters are concerned;

49


Limited training and access to information on updates on fisheries enforcement legal

instruments to enforcement officers

Some areas of the Fisheries Act, Chapter 7.15, Laws of Saint Lucia need to be

amended, for clarity, increase fees and the absence of some interpretations;

3. Opportunities

To collaborate through the establishment of MOU’S among the Agencies.

Standardize the procedures for enforcement among agencies.

Establish a cordial relationship with the Judiciary by including them on the Fisheries

Advisory Committee.

To activate the Fisheries Advisory Committee creating a better support system for the

industry.

Proper and improved record keeping system on industry.

Minimize corruption among enforcement officers

Improvement in cases brought before the Courts

4. Threats

Judicial Interference

Political Interference

Corruption among officers

Cases not being dealt with properly at the Courts

B The ToolKit

As a result of the analysis one was able to conceptualize the ToolKit (ANNEX I)

content to serve the purpose of being very resourceful as both a training and reference

instrument, bearing in mind the main cause of concern which prompted this project.

The concern which is to address the situation of regular staff redeployment and a

quick fix for learning with new staffing. The toolkit covered as many areas as possible

including recommendations which should be considered to effectively achieve the

purpose of the ToolKit. Some of the key areas highlighted in the document include:

The roles, rights and responsibilities of both Agencies and the personnel

Regional and International Agreements

All the Legal instrument associated with the industry

Collaborative Strategies for the Limited Resources

Critical training exposure areas for Fisheries Enforcement officers

Frequently Asked Questions

Common offences

Procedures for Effectiveness in Enforcement

Basic Tips: Seafood with a closed season enforcement

50


It is hope that some if not all, of the constraints can be minimized through the adoption of the

recommendations which would serve to strengthen the numerous weakness, avoid the

challenges, take advantage of the opportunities available with what is available and

capitalized on the strengths which have been identified. In so doing an expectancy of the

following goals can be accomplished:

Management and implementation of a uniform approach to Fisheries Enforcement

Encouragement and establishment of enforcement partnerships within the varying

groupings in the communities on island

A formalized joint approach among Agencies to fisheries surveillance and

Enforcement

A collaborative approach to solving Violations problems at the neighbourhood level as

well as in executing duties within the Agencies

Increase the knowledge and awareness among stakeholders

Effective use of limited resources

Improvement in the performance in and among Agencies

C Mini Survey among – law Enforcement Personnel

A Highlight while administering the Questionnaire (APPENDIX: 1) to the Agencies was

the referrals of violations pertaining to Fisheries by Police officers of the sub stations

island wide to the DOF and the RSLPF – Marine Unit. This gave rise to the need to

conduct a mini survey among officers assigned of the Police stations to determine the

following:

Awareness of Law Enforcement Officers to the existence of the Fisheries Act,

Chapter 7.15

Awareness of Law Enforcement Officers to the content of the Fisheries Act,

Chapter 7.15

Determine how officers see their role in Fisheries Enforcement

It was determined the survey be directed at all ranks within the RSLPF. Of the persons

interviewed the rankings are as follows:

Inspector, Sergeant, Corporal, Special Police Constable, Police Constable

The Police Stations island wide in the communities of Gros Islet, Vieux Fort, Marigot,

Dennery, Rodney Bay, La Toc, Laborie, Micoud, Anse La Raye, Soufriere, Canaries and

Choiseul formed part of the thirty (30) questionnaires which were completed

(APPENDIX:2 ) .

51


Findings from Questionnaire (APPENDIX: 3)

Of the small sample of thirty (30) surveyed it did give an indication of a number of

factors:

A larger number (60%) did not see themselves as enforcement officers for fisheries violations;

Knowledge of existence, content of the Fisheries Act, Chapter 7.15 & Fisheries Legal

Instruments:

While eighty three(83%) were aware of the existence of the Fisheries Act, Chapter

7.15, only Fifty percent (50%) is familiar with Legal Instruments for Fisheries

however seventy three percent (73%) are unaware of the content of the Fisheries

Act, Chapter 7.15.

The survey went on further to reveal the following:

Assistance:

Eighty percent (80%) of the officers would seek the assistance of the DOF while

seventy percent (70%) would the RSLPF Marine Unit for fisheries violations;

For referrals:

Fifty three percent (53%) would refer to the DOF, while forty percent (40%) to the

RSLPF Marine Unit for fisheries violations

D The major priorities identified in the analysis are:

Formalized collaborative agreements

Standardized Procedures

Training in Law Enforcement

Centralized Location of information for easy access by enforcement personnel

Amendment to Fisheries Act, Chapter 7.15, of the revised Laws of Saint Lucia 2005.

E Appendices:

Comprehensive Questionnaire administered to Agencies for SWOT APPENDIX: 1

Survey Questionnaire & Summary - Law Enforcement Officers APPENDIX: 2

Sample: Completed Survey Questionnaires – Law Enforcement Officers APPENDIX: 3

52


APPENDIX:1

Comprehensive Questionnaire administered to Agencies for SWOT :

A. HRM

1. Did you receive orientation/training on procedures, laws as it relates to your job

2. How well is your department equipped to prevent, investigate, and respond to these

crimes?

3. What is the agencies capacity to police water and fish landings? aqua

4. How many personnel attached to unit/department? How many locations on island?

5. Which officer(s) in this department are responsible for preventing, investigating, and

responding to these crimes? Is there a designated Coordinator within your Agency?

6. Are officers with DOF given specific responsibility for a particular legal instruments

(agreement, Acts (besides fisheries Act)

7. Are there numerous or frequent cases of attacks on officers?

8. Do you have a special ID using for your job?

B. COLLABORATION

1. Do you find ordinary Police officers besides the Marine Unit helpful?

2. Does the Department of Fisheries and other authorized law enforcement officers

utilize national resources/information sharing resources in investigating these

violations?

3. How would you describe your relationship with the other agencies(customs, marine

police, other police, SMMA,DOF,SLASPA)

4. Have the agencies ever undertaken joint training? How often?

5. Are there any MOU’s with the other agencies

6. How well is your agency connecting to partners who can help you to prevent,

investigate and respond to identity crime in your jurisdiction?

7. Is there any strategy available for preventing violations of the Fisheries Act and

Maritime Agreements by agencies

8. Has the DOF consulted with businesses on the location of video surveillance cameras

in strategic locations?

C. JUDICIARY

1. What type of relationship is there with the judiciary? cordial , not civil

2. How close does the department work with the judiciary

3. How successful has the unit been with cases brought to court?

53


4. Is there a multi-jurisdictional task force?

D. INVESTIGATION/PROCEDURES

1. Is there a system in place to measure the progress of investigating and responding to

these offences?

2. Do you have any structured sequence to handle fisheries crimes? Is a guide available to

officers of the Dept/unit for reporting & investigating?

3. Do you use any of the manuals?

OECS Fisheries Prosecution Manual (OFPM)

OCES Standard Operating Procedures Manual (OSOPM) for Fisheries

Enforcement

4. Forms used currently for executing duties

E. NFORMATION

1. Do you have available with easy access documentation on all the legal instruments

online, hard copy?

2. Are reports kept on offences?

3. If reports are made are officers coding reports of these offenders in ways which are

consistent with our overall policy / fisheries Act?

4. Is sufficient information provided to help fisheries law enforcement personnel

understand the next steps involved in reporting a case of criminal activity associated

with the Fisheries Act and other legal instruments?

5. Are our officers aware of the importance of taking reports of offenses from all

perpetrators and victims?

6. If reports are made are officers coding reports of these offenders in ways which are

consistent with our overall policy / fisheries Act?

F. MEDIA/PR

1. How often does the DOF get media coverage?

2. Has the DOF developed print materials to explain how to identify crimes under the act

to citizens and fisher bodies/organizations?

3. Has the DOF provided information to communities especially on the Fisheries Act?

4. Has the DOF developed special outreach strategies for target groups- fishers?

5. Has the DOF worked with local media to help expand coverage of for crime

prevention specific to the Fisheries Instruments?

6. Has the DOF provided media information on the impact of these crimes at the local

level

54


7. What has your department done to help prevent prevalence of these crimes/violations

G. LAW – AWARENESS

1. Which legal instrument is used more often by the dept/unit?

2. What are most common offenses?

3. Are you aware of all of these legal instruments?

ACTS

1. Chapter 7.15 Fisheries Act

2. Customs (Control Management) Act.15.05

3. Control of Importation of Live Fish Act Cap.7.16 (Act 5 of 1952)

4. Evidence Act - Laws of Saint Lucia Cap. 4.15 (Revision Date: 31Dec 2005)

5. Criminal Code - Laws of Saint Lucia Cap.3.01 (Revision Date: 31Dec 2005)

6. Maritime Areas Act - Laws of Saint Lucia Chap 1.16 (Revision Date: 31Dec

2005)

7. Beach Protection Act - Laws of Saint Lucia Chap.6.04 (Revision Date: 31Dec

2005)

8. Police and Criminal Evidence Act (PACE) 1984 Revised CODE C

9. Police and Criminal Evidence Act (PACE) 1984 CODE D

10. OECS Harmonised Fisheries Legislation

CODES

1. Code of Conduct for Responsible Fisheries

AGREEMENTS

1. UN Fish Stock Agreement

2. International Shiprider Agreement

3. Management Measures by Fishing Vessels on the High Seas of 1993 (FAO

Compliance Agreement)

4. Agreement OECS – Common Fisheries Surveillance Zones

5. CARICOM - Caribbean Regional Fisheries Mechanism

6. CARICOM :Draft Agreement establishing the Caribbean Community Common

Fisheries Policy

DECLARATIONS/CONVENTIONS/COMMISSIONS/SUMMITS

a. The Castries Declaration on IUU Fishing

B. GENEVA CONVENTIONS ACT 1957 OF THE UNITED KINGDOM

2. United Nations Convention on the Law of the Sea (UNCLOS )

3. Convention on International Trade in Endangered Species (CITES)

4. International Commission for the Conservation of Atlantic Tunas (ICCAT)

5. JOHANNESBURG PLAN OF IMPLEMENTATION SUMMIT Is there any committee set up to look at fisheries related issues? If there is how often

do they meet?

55


H. VIOLATIONS

1. Is frequency of violations a burning issue?

a. Are they reported by persons of the community?

b. Or is the discovery done by personnel of your Agency? other Agencies

I. TRAINING

1. Are or have officers been provided with training on the investigation, reporting and

response to these offence(s)/ crime(s)?

2. Is training (local) undertaken and how often? Is it including in annual workplan?

3. Are officers given opportunities to attend a variety of training on these legal

instruments (local regional, international)

J. EQUIPMENT, GEARS, FACILITY ETC

1. Are officers provided sufficient gear, equipment

2. How many vessels does the Unit have

3. Is there regular use and maintenance done on vessel?

4. Would you consider your locations easily accessible by the public and fishers?

5. Where is evidence stored? Is there proper facilities for storing evidence and if there

is who is responsible for keys of the facility where evidence is kept?

K FINANCE

1. Are your projects properly funded by government?

2. Do you receive funding from donor agencies or governments for all or most of your

prog or projects?

L POLITICS / OTHER

1. Is there or is there a lot of political interference as you execute your duties?

2. What are some of the biggest challenges or threats you see to the execution of your job

at this time?

3. Would you say you get cooperation from the fishers?

56


Survey Questionnaire & Summary - Law Enforcement Officers APPENDIX: 2

“Development of a Fisheries Enforcement Toolkit to build awareness of legal instruments

for managing the fisheries sector among authorized Enforcement Officers in Saint Lucia”

Survey of Law Enforcement Officers (Police)

Rank of Officer: ________________ Location of Police Station: ___________________

Purpose of survey: to determine the awareness among the Police about the Legal

Instruments pertaining to Fisheries Law Enforcement in particular the Fisheries

Act.

1. Are you aware there is a Fisheries Act for enforcement of fisheries

offences?

Yes [ ] No [ ]

2. Are you familiar with any of the Legal instruments for Fisheries Law

Enforcement?

Yes [ ] No [ ]

3. Are you aware of the content of the Fisheries Act?

Yes [ ] No [ ]

4. Would you consider yourself a Fisheries Enforcement Officer?

Yes [ ] No [ ]

5. Should someone report to you of an offence pertaining to a fisheries

violation what would you do?

I. Record the report? Yes [ ] No [ ]

II. Investigate on your own?

III. Seek the assistance of the DOF? Yes [ ] No [ ]

IV. Seek the assistance of the Police Marine Unit? Yes [ ] No [ ]

V. Refer the person to the DOF? Yes [ ] No [ ]

VI. Refer the person to the Police Marine Unit? Yes [ ] No [ ]

Thank you for answering and assisting with this questionnaire!

57


Summary of Survey Questionnaire: 30 law Enforcement 0fficers

Purpose of survey: to determine the awareness among the Police about the Legal

Instruments pertaining to Fisheries Law Enforcement in particular the Fisheries Act.

Ranks Interviewed: Assistant Superintendent, Inspector, Sergeant, Corporal, Special Police

Constable, Police Constable

Police Stations: Gros Islet, Vieux Fort, Marigot, Dennery, Rodney Bay, La Toc, Laborie,

Micoud, Anse La Raye, Soufriere, Canaries and Choiseul.

No. Question Responses

Yes No Comment

1 Are you aware there is a Fisheries Act for enforcement

of fisheries offences?

25 5 83% aware

17% unaware

2 Are you familiar with any of the Legal instruments for

Fisheries Law Enforcement?

15 15 50% familiar

50% Unfamiliar

3 Are you aware of the content of the Fisheries Act?

8 22 27% Aware content

73% Unaware content

4 Would you consider yourself a Fisheries Enforcement

Officer?

12 18 Consider themselves Enforcement

Officers:

Yes : 40%

No : 60%

5 Should someone report to you of an offence pertaining to a fisheries violation what would you do?

i. Record the report? 21 9 70% Would report

30% Would not report

ii. Investigate on your own?

12 18 40% investigate on own

60% would not investigate

iii. Seek the assistance of the DOF?

24 6 80% Seek DOF assistance

20% Would not seek DOF assistance

iv. Seek the assistance of the Police Marine Unit? 21 9 70% Seek PMU assistance

30% Would not seek PMU assistance

v. Refer the person to the DOF? Yes 16 14 53% Refer to DOF

47% Would not Refer to DOF

vi. Refer the person to the Police Marine Unit? 12 18 40% Refer to PMU

60% Would not Refer to DOF

58


Sample: Completed Survey Questionnaires – Law Enforcement APPENDIX: 3

59


60


61


62


63


ANNEX F (64-81)

WORKSHOPS REPORT

Fisheries Enforcement ToolKit

1. Target Groups:

64


a. Fisheries enforcement personnel : DOF, Royal Saint Lucia Police Force:

Marine and District Police, Customs & Excise, , Soufriere Marine

Management Area Inc. and

b. The Judiciary

2. Validation Workshop: 11th

June, 2013

a. Objectives

i. To validate the Toolkit with 15 participants and

ii. To receive feedback from participants which will serve as useful inputs

for revising and accepting the content by all agencies to finalizing the

Toolkit?

3. Sensitization Workshop: 18th

June, 2013

a. Objectives

i. To Sensitize 12 members of the Judiciary to the Fisheries Enforcement

ToolKit;

ii. To make the Judiciary aware of sixty one (61) Legal Instruments

relating to the Fisheries industry;

iii. To encourage suggestions on 18th

June, 2013 wherever necessary to

include in the document and to

iv. To seek guidance on 18th

June, 2013 for Enforcement Officers on

certain requirements for the Courts.

4. Methodology Employed:

a) It will be based on full participation and open exchange of views,

knowledge and experience among participants;

b) Participatory discussions and knowledge sharing sessions will take

place with the aim of improving the format, content of the ToolKit.

o Review for corrections

o Review for formalized collaborative approaches and consensus

on these approaches

o Review to accept document as workable as is or proposed

modification(s)

5. Outcomes:

i. Validation One Day Workshop: 11th

June, 2013

A target of fifteen(15) persons were expected however on the day there were

twenty five(25) participants at this workshop comprising of twenty one (21) male

65


and four (4)female personnel from the different agencies. The information we

found out later, conveyed to the Agencies in particular the Police was

representatives from each of the Stations and sub stations. A misunderstanding by

the newly assigned person from the DOF (as described in the challenges

experience in executing this contract assignment).

The workshop was very productive and interactive. The representatives

participated fully in the exercise and also provided positive feedback indicating it

was a learning exercise and eye opener to them and are of the opinion the

recommendations would certainly enhance the services they currently provide. A

few of suggestions and adjustments were recommended and followed up in

completing the document (Fisheries ToolKit).

ii. Sensitization One Day Workshop: 18th

June, 2013

There was one (1) participant at this workshop, invitation sent out targeted

twelve (10) persons. The Follow up calls was undertaken by the DOF.

Attempts were made once again by DOF on the advice of Consultants, on

the date to make sure the group was represented at this important

workshop. Up to this time assurances for five(5) were given of persons

being nominated to attend the session however only one (1) person showed

up. We were informed the next day when it was televised by the local

media there was an emergency meeting of some members of the Law

Confraternity with the Minister responsible for that sector. However based

on the attendance prior to knowing of this meeting the Power Point

Presentation was emailed to the DOF for forwarding to members of the Bar

Association and other Agencies which were expected at the Workshop (for

circulation to those persons who were expected at the Workshop). A week

was given for feedback. No feedback was provided to the DOF by the

relevant organizations.

The Consultants took the opportunity and had a half day session with the

sole legal representative, a representative from DOF. During the session

components of the Fisheries Act Cap7.15 was visited along with the

Evidence Act Cap. 4.15 and the Interpretations Act of the revised Laws of

Saint Lucia 2005.

Clarification was also sought for participants of the Validation Workshop

on the following:

Writing of Charges and Court Procedures.

.

66


6. Listing of Participants

A composition of twenty one (21) males and four (4) females were in attendance at the

Validation workshop. Fifteen (15) of these persons were law enforcement personnel.

In attendance were representatives from the following organizations:

Customs & Excise, RSLPF, Soufriere Management Area Inc, DOF and the Praedial

Larceny Unit. Scanned signed register ( APPENDIX 5 )

NO NAME SEX ORGANIZATION POSITION

1 Aaron Charles M Customs Customs 111

2 Agatha Faucher F Police WPC 365

3 Clarence Fontenelle M Police Ag SGT 246

4 Cris Monrose M Police CPL 659

5 Curtis Fowell M Police CPL 329

6 De Leon M Police SGT 512

7 Diana Fanis F Police CPL 116

8 Etienne Wilbur M PMU CPL 204

9 Filtus Holder M Police PC 597

10 George Prospere M Police CPL 82

11 Gilroy Polius M Customs Customs 111

12 Gregory St Catherine M Police PC 501

13 James William M Police PC 833

14 Kasha Mitchel F Praedial Larceny Unit PLO 1

15 Keijaki Francois M SMMA Marine Ranger

16 Maclean Mathurin M Police PC 218

17 Mario Justin M Marine Ranger Marine Ranger

18 Peter Faucher M Police CPL 65

19 Peter Joseph M PMU Ag SGT230

20 Randy Charles M Police PC 511

21 Rudolph Philip M Police PC 811

22 Tarbula Charlemagne F Praedial Larceny Unit PLO 3

23 Trevor Maxius M Police PC 537

24 Seon Ferrari M DOF Fisheries Officer

Judicial Sensitization: 18th

June, 2013

Name Institution Designation

Cagina Foster- Lubin Attorney General’s Chambers Crown Counsel

7. Conclusion

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While the objectives of the Validation Workshop were realized, the main objective of

the second Workshop to sensitize the Judiciary was not carried out due to the non

appearance of the persons to whom it was targeted.

Appendices

i. Proposals to DOF – Consultants 68-70

ii. Validation Workshop Agenda – Consultants 71

iii. Letters Sent to Agencies for Workshop by DOF 72-73

iv. Press release Prepared by Consultants to DOF 74-75

v. Scanned Register Form 1 76-80

vi. Scanned Completed Evaluation Form 2 Attachment

vii. Evaluation Report Summary 81

viii. Power Point Presentation to Judiciary Attachment

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Proposals to DOF Appendix i

Consultants Proposal Letter: 1

Invitation letter to participants: Enforcement Officers

Participating Organizations:

Customs: 2

Department of Fisheries: 3

Royal Saint Lucia Police Force (one (1) rep from police Stations in Dennery, Vieux Fort,

Anse La Raye, Laborie, Canaries): 5

Marine Police Unit (RSLPF): 2

SMMA: 2

Praedial Larceny Unit 1

Total: 15

Preference:

Senior personnel or persons directly involved in fisheries enforcement and a trainer within the

organization

INVITATION LETTER

In March, 2013 the Department of Fisheries, Ministry of Agriculture, Saint Lucia in collaboration with ACP

FISH II – STRENGTHENING FISHERIES MANAGEMENT IN ACP STATES, Regional Facilitation Unit Caribbean

Office, Belize embarked on the development of a Fisheries Enforcement Toolkit to build awareness of fisheries

enforcement for “Enforcement Officers” authorized under the Fisheries Act.

The Consultants met with personnel from your respective organizations to do an analysis of what obtains within

each establishment as it relates to Fisheries Enforcement. From this information and reviewing the various

instruments which play a part in enforcement in the fisheries industry a Toolkit was prepared.

A Workshop has been organized to validate the Toolkit and to receive feedback from participants which will

serve as useful inputs for revising and accepting the content by all agencies to finalizing the Toolkit.

The Fisheries Enforcement ToolKit the Department of Fisheries hopes will serve as a blue print for future

training of individuals authorized in the Fisheries Act as Enforcement Officers, as well as persons identified as

trainers within these enforcement agencies.

This initiative will compile the relevant fishing and fishing-related documents relevant to fisheries enforcement

so that the Marine Police, District Police, Customs Officers, Marine Management Area Staff, Judiciary, and

other relevant agencies will have easy access to this information.

We are inviting you to send……………… persons from your Agency to include mainly enforcement persons

and at least a representative if possible, involved in training within the organization.

Lunch and break will be provided.

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Consultants Proposal Letter: 2 (1 of 2)

Department of Fisheries, Ministry of Agriculture, Saint Lucia

Judicial Sensitization Workshop Proposal

Toolkit on Fisheries Law Enforcement

Dates: 11th

June, 2013

Duration: One (1) day

Time: 8:30 – 4:00pm

Venue: Department of Fisheries Conference Room

Participants: Judicial personnel from local pool:

Representatives from the local Judiciary (6)

DOF (3)

Rep Attorney General’s Office (1)

NOTE: LUNCH & BREAK PROVIDED

BACKGROUND

In March the Department of Fisheries, Ministry of Agriculture, Saint Lucia in collaboration with ACP FISH II –

STRENGTHENING FISHERIES MANAGEMENT IN ACP STATES, Regional Facilitation Unit Caribbean Office, Belize

embarked on the development of a Fisheries Enforcement ToolKit to build awareness of fisheries enforcement

for “Enforcement Officers” authorized under the Fisheries Act.

The DOF in an effort to address the problems of non-compliance, in the past organized workshops to sensitize

the Judiciary and Enforcement Officers however, due to frequent transfers and rotation of personnel this

sensitization has proven inadequate. As a result it is necessary for the DOF to develop a structured approach to

training by means of a Fisheries Enforcement ToolKit to assist the Enforcement Officers and sensitize the

Judiciary on fisheries enforcement matters.

The Fisheries Enforcement ToolKit will therefore serve as a blue print for future training of individuals

authorized in the Fisheries Act as Enforcement Officers, as well as persons identified as trainers within these

enforcement agencies.

This initiative will compile the relevant fishing and fishing-related documents relevant to fisheries enforcement

so that the Marine Police, District Police, Customs Officers,

Marine Management Area Staff, Judiciary, and other relevant agencies will have easy access to this information.

Through joint efforts, the partnership hopes to raise citizens awareness especially stakeholders who will be

affected by the enforcement of the Fisheries Act of Saint Lucia and other Legal Instruments. This undertaking,

the authorities hope will assist in identifying criminal activity of the industry and provide guidance and steps to

take suspecting violators/ perpetrators to justice. This venture will also serve as a booster to law enforcement’s

expertise in responding to crime and conducting investigations as it relates to the Fisheries Act of Saint Lucia.

Recognizing the special challenges this type of project would create for local authorized law

70


enforcement officers under the Fisheries Act a ToolKit was seen as a necessary resource to assist

those persons involved..

The primary goal of this workshop is meet with judiciary to sensitize them on the ToolKit which

would be available to enforcement officials in executing the Fisheries Act, Regulations and other legal

instruments related to fisheries enforcement.

The ToolKit will be validated first by Enforcement Officers from various institutions to build

awareness, provide feedback and obtain agreement on the content of the ToolKit.

MAIN GOAL

1. The main goal of this Workshop is to sensitize the Legal Confraternity to the development of

this ToolKit on Fisheries Law Enforcement and to receive feedback from participants which

will serve as useful inputs for revising and finalizing the ToolKit.

2. This workshop will make participants aware of the various legal instruments which are

available for the particular industry local, regional and international.

PARTICIPANTS’ PROFILE

Members of the national judicial confraternity of Saint Lucia and DOF

METHODOLOGY

1. Power Point Presentation

2. It will be based on full participation and open exchange of views, knowledge and experience

among participants;

3. Experts will be provided with the toolkit in advance in order for them to be familiarized with

its content; they will be encouraged to bring any relevant information that could be useful for

improving the ToolKit.

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Validation Workshop Agenda APPENDIX: ii

A G E N D A Fisheries Enforcement ToolKit – Validation Workshop

1. Fisheries Enforcement ToolKit (What)

a. To be seen as a “Concise Fisheries Enforcement Bible”

b. To serve as a guide for new and existing enforcement personnel in Authorised Agencies ;

c. To serve as a useful source of information on enforcement and surveillance for the Fisheries

Industry and

d. To serve as a training instrument to enforcement personnel and stakeholders

e. To serve as a sensitization package for the Judiciary

2. Main Goal of the Workshop

(Why)

a. To accept contents of Toolkit which with information provided on Fisheries Enforcement

3. Methodology

It will be based on full participation and open exchange of views, knowledge and experience among

participants;

Participatory discussions and knowledge sharing sessions will take place with the aim of improving the

format, content of the ToolKit.

a. Review for corrections

b. Review for formalized collaborative approaches and consensus

c. Review to accept document as workable as is or proposed modification(s)

4. Discussion Topics:

ToolKit Topics Page Reference Time

Introduction 8:15 - 8:30am

Authorized Agencies Background – Corrections 12-15

Session 1

8:30 – 10:30am Authorized Officer – Roles and Your Rights 17-22

Toolkit 24-26

Legal Instruments of Fisheries Industry 28-48

B R E A K 10:30 - 10:45am

Training: Consensus

Crime Investigation,

Crime Investigation Report

Crime Investigation Reporting

Case Scenario Questions & Answers

App B 73

App C 74

App D 75-77

App O 109-113

Session 2

10:45 – 12:30pm

Documentation/Investigation/Court 21-22

Frequently Ask Questions 84-89

Most Common Offenses 91-92

L U N C H 12:30 – 1:30pm

Memorandum of Understanding - Consensus

Job description for Liaison Officer - Consensus

Workgroup Terms of Reference - Consensus

Actual Offence case – Vessel “Junior”(Compounding Settlement)

App J 94-100

App M 105

App N106-107

App P 114-115

Session 3

1:30 - 3:00pm

Assessments & Findings (Observations) 51-52

Session 4

3:00- 4:00pm

Recommendations:

Formation of a Coordinated Agencies Working Group to serve on the Advisory

Committee with the Chief Fisheries Officer (Refer to Fisheries Act 7.15) –

Consensus

53-55

W O R K S H O P E V A L U A T I O N 4:15-4:30pm

72


DOF Correspondence (Invitation for Workshops):

Enforcement Letter: 1

APPENDIX: iii

May 15, 2013

The Comptroller of Customs

Castries

The marine space around Saint Lucia is utilised extensively to provide a livelihood for coastal

communities and a vital source of protein. Although a number of policies and management

measures, including legislation, have been implemented to conserve fisheries and fisheries

related resources, some users of the resource continue to contravene the fisheries legislation.

Past efforts by the Department of Fisheries to address the problems of non-compliance among

fisheries resource users included workshops to sensitise the Judiciary and Enforcement

Officers on fisheries resource management and legislation. However, due to frequent transfers

and rotation of enforcement personnel, this sensitisation has proven inadequate.

In an effort to develop a structured approach to training enforcement officers and sensitise the

judiciary on fisheries enforcement matters and ensure more successful prosecution of related

cases, the DOF is currently undertaking the development of a Fisheries Enforcement

Toolkit. The toolkit is being undertaken through the Africa Caribbean and Pacific (ACP) Fish

II project and is funded by the European Union. The initiative will serve as a blue print for

future training and an awareness instrument for the judiciary and authorised officers under the

Fisheries Act. Furthermore, it is aimed at enhancing the level of enforcement and support by

the authorised officers and the judiciary, in relation to breach of fisheries and fisheries related

legislation by resource users.

As such, the Department cordially invites two (2) senior officers from your agency to

participate in a validation workshop for the development of the Fisheries Enforcement Toolkit

on June 4, 2013 from 8:30 am – 4:00 pm. It will be held at the conference room of the

Veterinary Unit Division, upstairs the former TJ’s Supermarket at Balata.

Kindly contact Mrs. Verl James at the Department of Fisheries at 468-4135/43 to indicate

the representatives and confirm you agency’s participation.

Please note that the Department has procured the services of Mr. Winston Mitille to undertake

the Fisheries Enforcement Toolkit. Your agency will be contacted by Mr. Mitille in order to

complete a questionnaire to determine the level of knowledge, awareness, information

sharing, collaboration, resources and relevant documentation, inter alia, within your agency.

Grateful for your usual collaboration in this regard.

__________________________

Rufus George

Chief Fisheries Officer

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Judiciary Letter: 2 APPENDIX: iii

May 15, 2013 The Permanent Secretary

Ministry of Legal Affairs,

Home Affairs and National Security

Castries

The marine space around Saint Lucia is utilised extensively to provide a livelihood for coastal communities and

a vital source of protein. Although a number of policies and management measures, including legislation, have

been implemented to conserve fisheries and fisheries related resources, some users of the resource continue to

contravene the fisheries legislation.

Past efforts by the Department of Fisheries to address the problems of non-compliance among fisheries resource

users included workshops to sensitise the Judiciary and Enforcement Officers on fisheries resource management

and legislation. However, due to frequent transfers and rotation of enforcement personnel, this sensitisation has

proven inadequate.

In an effort to develop a structured approach to training enforcement officers and sensitise the judiciary on

fisheries enforcement matters and ensure more successful prosecution of related cases, the DOF is currently

undertaking the development of a Fisheries Enforcement Toolkit. The toolkit is being undertaken through the

Africa Caribbean and Pacific (ACP) Fish II project and is funded by the European Union. The initiative will

serve as a blue print for future training and an awareness instrument for the judiciary and authorised officers

under the Fisheries Act. Furthermore, it is aimed at enhancing the level of enforcement and support by the

authorised officers and the judiciary, in relation to breach of fisheries and fisheries related legislation by resource

users.

In this regard, the Department kindly invites eight (8) senior representatives from your Ministry to participate in

a validation workshop for the development of the Fisheries Enforcement Toolkit on June 4, 2013 from 8:30 am

– 4:00 pm at the Department of Fisheries, Pointe Seraphine in Castries. We would appreciate the

participation of appropriate representatives from the following sections:

Four (4) officers from the Magistracy;

Two (2) officers from the Office of the Director of Public Prosecution and;

Two (2) officers from the Office of the Attorney General.

Kindly contact Mrs. Verl James at the Department of Fisheries at 468-4135/43 to indicate the representatives

and confirm you agency’s participation.

Please note that the Department has procured the services of Mr. Winston Mitille to undertake the Fisheries

Enforcement Toolkit. Your agency will be contacted by Mr. Mitille in order to complete a questionnaire to

determine the level of knowledge, awareness, information sharing, collaboration, resources and relevant

documentation, inter alia, within your agency.

Grateful for your usual collaboration in this regard.

_______________________

Rufus George

Chief Fisheries Officer

Copy: Your Honour, Senior Magistrate, Christine Phulchere

Director of Public Prosecution

Attorney General

74


Press release Prepared by Consultants to DOF APPENDIX :iv

31st May, 2013

PRESS RELEASE

ACP FISH II – STRENGTHENING FISHERIES MANAGEMENT IN ACP STATES

Validation & Sensitization Workshops for Fisheries

Enforcement Officers and the Local Judiciary on a

Fisheries Enforcement ToolKit

--------------------------------------------------------------------------------------------------------

The ACP FISH II project has approved two (2), one (1) Workshops for the Department of Fisheries Saint

Lucia to validate and sensitize fisheries authorized personnel and the local judiciary to a Fisheries Enforcement

ToolKit.

The workshops entitled “Validation Workshop for Fisheries Enforcement Officers on a Fisheries

Enforcement ToolKit” and “Sensitization of Fisheries Enforcement ToolKit to the local Judiciary”

Recognizing the need for measures to protect marine resources, the Government of Saint Lucia implemented

appropriate policies and management measures to protect and properly manage the marine and fisheries

resources.

The Ministry of Agriculture, Food Production, Fisheries and Rural Development through the Department

of Fisheries (DOF) recognizes the importance of developing a structured approach to training enforcement

officers and sensitizing the local judiciary on fisheries matters. The frequent transfers and rotation of personnel

sensitization via workshops prove inadequate as a result a valuable resource in the form of a ToolKit was

identified as the best approach. This ToolKit management hopes will serve as a blue print for future training of

individuals authorized in the Fisheries Act as Enforcement Officers, as well as persons identified as trainers

within these enforcement agencies and to sensitize the Judiciary on fisheries enforcement matters.

This initiative includes a compilation of all the fishing and fishing-related documents relevant to fisheries

enforcement so that the Marine Police, District Police, Customs Officers, Marine Management Area Staff,

Judiciary, and other relevant agencies will have easy access to this information.

Through the years most people who contravened or failed to comply with any of the provisions of the Fisheries

Act and Regulations were given the option of compounding the offence, so that the matter could be settled out of

court, without the involvement of the Judiciary. This action has meant that offences regarding fisheries matters

are treated differently to criminal offences. The situation is made worse by levying fines on offenders that are far

below the maximum fine.

Once this assignment has been completed and to ensure wide access to the ToolKit, the DOF will organize and

facilitate the distribution of digital copies of the Toolkit, future training around the Toolkit and uploading the

documents to the Department of Fisheries Website:

(http://malff.com/index.php?option=com_content&view=article&id=48&Itemid=55).

Purpose of two(2)Workshops

1. Enforcement officers

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To build awareness and obtain agreement of Enforcement officers

a. The main purpose of the Workshop is to allow the ToolKit will go through a validation

process by Enforcement Officers from various institutions to build awareness and obtain

agreement on the content of the Toolkit and

2. Local Judiciary

To sensitize the Local Judiciary

a. The main purpose of the Workshop is to sensitize the local Judiciary on the Toolkit

particularly as most Fisheries offences have been dealt with out of Court through the

“Compounding” system.

These workshops will be conducted on the 4th

and 11th

June, 2013 at the Conference Rooms of the V Divisions

and the Department of Fisheries respectively from

8.30 am to 4.pm.

The ACP Fish II Programme is a four and a half year, EUR€30.0M programme funded

by the European Union through the European Development Fund (EDF). It has been

formulated to strengthen fisheries management, improve food security and alleviate

poverty in 78 African, Caribbean and Pacific (ACP) states.

-END-

For further information on the ACP Fish II Programme, please visit:

http://www.acpfish2-eu.org. ACP Fish II Programme Regional Manager for the Caribbean Region, Sandra

Grant; E-Mail: [email protected]; Telephone: 011(501) 223 2974/Fax: 011(501) 223 2975

This project is funded by the European Union

The European Commission is the EU’s executive body.

“The European Union is made up of 27 Member States who have decided to gradually link together their know-

how, resources and destinies. Together, during a period of enlargement of 50 years, they have built a zone of

stability, democracy and sustainable development whilst maintaining cultural diversity, tolerance and individual

freedoms. The European Union is committed to sharing its achievements and its values with countries and

peoples beyond its borders”.

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Scanned Register Form 1 APPENDIX: v

77


78


79


80


(Three (3) participants did not sign register, refer to group photo. Appendix

81


Validation Workshop Evaluation Summary APPENDIX: vii

FORM 3

SUMMARY EVALUATION FORM

Training Title: Fisheries Enforcement ToolKit for Enforcement Officers

Place: Vet Division, MOA - Balata, Castries Saint Lucia

Date and Duration: 11th

June, 2013 / 8:30am- 4:00pm

Reference Project No.: CAR-4.1 B11a

Evaluation criteria V. Good

(%)

Good

(%)

Fair

(%)

Poor

(%)

Overall course evaluation 20 2

Definition of the course objectives 18 4

Clarity of the lectures / presentations 18 3

Balance presentations / discussions 16 4

Facilitation by the trainer 1 (Julia Mitille) 18 4

Facilitation by the trainer 2 (Winston Mitille) 21 1

Interest generated by the sessions 17 2

Applicability of subject matter for your work 17 5

Have your expectations been met? 8 13

Duration of the workshop 9 12 1

General organization (enrolment, conf. room, etc.) 15 6

Facilities at the training centre (rooms, food, conf.

room etc.)

11 11

Specific sessions evaluation

Session 1 13 8

Session 2 16 6

Session 3 14 8

Session 4 14 8 Comments:

1 25 Participated, 22 completed the Evaluation forms

2 Verbal Comments :

a. Toolkit will be helpful in executing duties

b. Sessions were very informative

c. Enlightening and day activity was an eye opener to most

3 Areas and number of incomplete sections on the Evaluation Form:

a. Clarity of the lectures / presentations: 1

b. Balance presentations / discussions 2

c. Interest generated by the sessions 3

d. Have your expectations been met? 1

e. General organization (enrolment, conf. room, etc.) 1