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Transshipment Study Pacific Islands Forum Fisheries Agency (FFA)

Consultancy: Transshipment Study:

The Pacific Islands Forum Fisheries Agency (FFA) is calling for tenders for the 2012 Transshipment study and the details are as follows:

TERMS OF REFERENCE

Background

The subject of transshipment by longline and purse seine vessels has been an important issue in the regional management of tuna fisheries in the Western and Central Pacific Ocean (WCPO/Convention Area). Transshipment is defined in the WCPF Convention (the Convention) as ‘unloading of all or any of the fish on board a fishing vessel to another fishing vessel either at sea or in port’[1]. It has always been a contentious issue, with resultant compromises in language and action taken by WCPFC. A noted limitation of this definition is that it does not extend to victuals, fuel, bait and other supplies necessary to support fishing operations.

Article 29 of the Convention sets out the framework for monitoring and regulating transshipment activities within the Convention Area, and Article 4 of Annex III sets out terms and conditions for fishing, relating specifically to the regulation of transshipment. To assist with accurate reporting of catches, members are obliged by the Convention to encourage their fishing vessels, to the extent practicable, to conduct transshipment in port. Article 29(5) prohibits transshipment activities by purse-seine vessels at sea beyond areas under national jurisdiction, unless subject to specific exemption by the Commission or subject to procedures to be established by the Commission. An important step towards management of transshipment at sea was taken in December, 2009 with the adoption of Conservation and Management Measure (CMM) 2009-06[2].

The regulation of transshipment by FFA members pre-dates the WCPF Convention. Generally, “transshipment at sea” has been banned by FFA members since 1993 through the Minimum Terms and Conditions (MTCs) that were brought forward from earlier PNA (Parties to the Nauru Agreement) requirements applicable to purse seiners. Exceptions in both cases were granted to licensed group seining activities. The initial policy justification for the ban on transshipment at sea was the potential for mis-reporting or non-reporting of catches. This was important from both a biological standpoint as well as for FFA countries which had access agreements with DWFNs that provided for fee levels based on catch per trip.

As the ban was enacted, other financial benefits also began to flow to FFA member countries from the actual activities of purse seine transshipment in their ports. These benefits have led to a general perception among FFA members, particularly those identified as Small Island Developing State CCMs in the Convention, that greater direct financial benefits might be achieved through increased transshipment in port.

The regulation of transshipment thus may result in two (linked) benefit streams for FFA member countries: one where benefits accrue through better management of the resource by obtaining and verifying data on the quantity and species transshipped both in port and at sea in the Convention Area; and one where direct financial gains are realised through servicing and other activities aimed at the vessels while in port. The former (catch verification) has been generally recognised by DWFNs as the only legitimate reason for requiring transshipment in port. FFA member countries believe that both types of benefit are important to them and have been consistent in this position.
Following discussion of these matters at the 78th Meeting of the Forum Fisheries Committee, the Committee directed the commissioning of a transshipment study to review these matters and the current study is being undertaken in order to present a review of findings to the 80th Meeting of the Forum Fisheries Committee in May, 2012.


Purpose of the Study
The objectives of the study are threefold:
1. To shed greater light on in port and at sea transshipment activities in the WCPO, including the MCS implications;

2. To document the transshipment monitoring and management measures undertaken in the major transshipment ports, both in relation to both scientific and MCS related catch validation and associated reporting.

3. To quantify as much as possible the current financial benefits accruing to FFA member countries from the transshipment in port by DWFVs; and to identify and investigate means of increasing benefits to PICs from these activities.


Scope
The study shall:
• Characterise the general nature and operating patterns of DWFVs in-port and at-sea transshipment in support of purse seine and longline fishing in FFA member countries and adjacent high seas areas. Identify the major participants and nations involved in WCPO transshipment activities and any apparent operational trends in those activities.

• Discuss the definition of transshipment in the WPCFC context and in the broader context of transshipment associated activities such as vessel supply (fuel, salt, provisions, bait)

• Describe the current legal context of transshipment applicable to tune longline and purse seine fisheries in the WCPO, including current transshipment verification mechanisms, definition and interpretation of ‘in-port’ and regulatory controls imposed by WCPFC and FFA members.

• Recommend improvements to management frameworks and MCS activities where practicable that could increase or enhance benefits to FFA members from transshipment.

• Document and review the transshipment management and monitoring measures undertaken in each main transshipment port. This should include port entry and clearance, unloading monitoring and catch verification systems including where possible WCPFC reporting requirements

• Document and review the economic benefits obtained from transshipment operations in key ports including port charges, stevedoring, supplies, crew spending and any other derived income.

• Outline a transshipment management best practice standards scenario and produce a summary matrix as to transshipment performance against these standards for each of the major transshipment ports.

• Document situations where at sea-transshipment within EEZs is permissible and the circumstances under which such transshipment is allowed to take place.

• Using past published sources and individual country information collected during the course of the study, describe and quantify where possible current direct financial benefits accruing to FFA member countries where transshipment in port takes place.

• Investigate merits and disadvantages of options for standardising in-port transshipment charges and services among FFA member countries. Identify any major impediments to such standardisation.

• Determine to the extent possible the current impacts on local markets and artisanal fisheries of “leakage” from the discharging of non-target species or other discards where such discharging occurs. Recommend approaches that could mitigate the negative impacts of the discharge of non-target species or other discards in port.

• In consideration of the above aspects of the study and with the WCPFC Transshipment CMM due for review at the 2012 TCC meeting, provide recommendations on possible improvements to the CMM that can be taken into account in pre-TCC discussions by FFA members. This should include assessing the scope of the transhipment measure either through a revised or complimentary measure which includes transhipment of victuals, fuel, bait and other supplies.

• Give consideration to any other relevant matters.


Implementation
The Consultant shall:
• Travel to the Marshall Islands, Federated States of Micronesia, Kiribati, Fiji, Papua New Guinea and the Solomon Islands to gather information at the relevant ports and consult with national fisheries administrations. While in Honiara the Consultant shall also meet with FFA staff on subjects of relevance to the study, including developmental and economic issues.
• Contact and discuss with relevant FFA members the nature of transshipment activities by vessels licensed to fish in areas under national jurisdiction or by vessels flying their flag in the WCPF Convention Area;
• Prepare a draft study report for consideration and consultation with FFA; and
• Prepare a final study report taking into account comments on the draft.

Time Schedule and Reporting Requirements
• A draft report should be submitted to FFA before the close of business on 20th April, 2012.
• The draft report will be reviewed and returned to the Consultant with comments by 30th April, 2012.
• The final report should be submitted to the Agency before the close of business on 11th May 2012.
• All drafts and the final report shall be in Microsoft Word 2007 and may be submitted electronically.
• The Consultant will report directly to FFA. The work of the Consultant will be monitored by the Devfish Team Leader and Policy Specialist and the Director of Fisheries Operations of the Forum Fisheries Agency.

Assistance to be provided by FFA
FFA shall:
• Make available to the Consultant on a confidential basis if necessary, past and current reports containing information of relevance to the subject of transshipment, including those of CCMs submitted to WCPFC.
• Provide available data on transshipment activities held at FFA.
• Notify each FFA member country of the commencement of the study with a request to provide cooperation to the Consultant.
• Notify SPC and WCPFC of the study and request their cooperation with the Consultant.


Expertise required

The Consultant(s) should have:
(i) a recognised and relevant tertiary qualification;
(ii) detailed knowledge of the WCPFC region tuna fisheries including fleets, fishing patterns and transshipment operations;
(iii) a well developed understanding of Pacific Islands aspirations in tuna fisheries development and management, both in the context of economic benefit and in fisheries monitoring for fisheries management and MCS purposes
(iv) experience in documentation of fisheries transshipment operations, preferably in a Pacific Islands context;
(v) proven ability to write in a clear and concise manner and to communicate effectively orally in English; and
(vi) proven ability to meet strict deadlines.

Proposal Submission

In submitting a proposal to conduct the study, applicants are required to submit both a technical and financial proposal in separate envelopes which should be clearly marked as follows:

• Technical Proposal – Forum Fisheries Agency – 2012 Transshipment Study - Attention Hugh Walton
• Financial Proposal - – Forum Fisheries Agency – 2012 Transshipment Study - Attention Hugh Walton

The technical proposal should demonstrate a clear understanding of the TOR and set out, with appropriate explanatory comments, a proposed methodology, work plan and timelines for completion of the work. It is envisaged that the work should be undertaken with no more than 60 working days in total.

The proposal should also include:

• detailed curriculum vitae of the consultant(s);
• the names and contact details of three referees,
• the date of availability to take up consultancy.

The financial proposal should:
• Be expressed in United States dollars.
• Indicate both fees per person day and lump sum amount;
• Show separately the indicative cost of required travel to carry out the work and any associated DSA and reimbursable expenses. (Note: once a travel itinerary is agreed, travel costs can be paid directly by FFA and DSA will be calculated at FFA rates and may be paid in advance)


Tender Award Criteria

The Tender will be evaluated for technical merit and awarded against the following criteria:

Methodology
• A clear and logical outline of the plan of work;
• A demonstrated understanding of the issues to be addressed.

Consultant – essential experience and qualifications
• A recognised and relevant tertiary qualification;
• Experience in documentation of fisheries transshipment operations, preferably in a Pacific Islands context;

Confidentiality/ownership of material
The report shall be confidential and the successful applicant shall not disclose or use the report or any of the information contained in the report except with the written consent of the Pacific Islands Forum Fisheries Agency.
Any documents and reports produced pursuant to this consultancy shall be the property of the Pacific Islands Forum Fisheries Agency and any intellectual property rights in such documents and reports shall be the property of or the Pacific Islands Forum Fisheries Agency


Tender Deadline

Submission of tender proposals responding to this invitation should be received by 5pm on the 16th February, 2012 (Solomon Islands time and date). Late applications will not be considered.
All applications shall be sealed and should comply with the directions contained herein and hard copy submissions shall be addressed to: The Director-General, Pacific Islands Forum Fisheries Agency, P O Box 629, Honiara, SOLOMON ISLANDS - Telephone (677) 21124 and Fax (677) 23995. – Attention Hugh Walton.

Submission of bids as electronic PDF files will be acceptable.

For further information regarding this Invitation please contact the Forum Fisheries Agency.
Tel: +677 21124 Fax: +677 23995
Email: hugh.walton@ffa.int


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[1] The term “fishing vessel” is defined broadly in the Convention, and includes reefer and other carrier vessels in this context. Transshipment does not include such activities as landing fish in port for packing and/or processing for export.
[2] The measure generally prohibits transshipment on the high seas. Where a flag state believes it is “impracticable” for certain vessels for which it is responsible to operate without transshipping on the high seas, it must advise the Commission of such.
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