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"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
Project Funded by the European Union. A project implemented by Winston & Julia Mitille
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
Project Funded by the European Union. A project implemented by Winston & Julia Mitille
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
5
Project Funded by the European Union. A project implemented by Winston & Julia Mitille
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
Project Funded by the European Union. A project implemented by Winston & Julia Mitille
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
7
Project Funded by the European Union. A project implemented by Winston & Julia Mitille
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
Project Funded by the European Union. A project implemented by Winston & Julia Mitille
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
Project Funded by the European Union. A project implemented by Winston & Julia Mitille
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
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Project Funded by the European Union. A project implemented by Winston & Julia Mitille
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
Police Marine Unit - RSLPF
Soufriere Marine Management Area Inc.
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
Project Funded by the European Union. A project implemented by Winston & Julia Mitille
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
Project Funded by the European Union. A project implemented by Winston & Julia Mitille
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
Project Funded by the European Union. A project implemented by Winston & Julia Mitille
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
Project Funded by the European Union. A project implemented by Winston & Julia Mitille
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
Project Funded by the European Union. A project implemented by Winston & Julia Mitille
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.
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Project Funded by the European Union. A project implemented by Winston & Julia Mitille
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)
Department of Fisheries
Customs & Excise
Police Marine Unit - RSLPF
Soufriere Marine Management Area Inc.
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
Project Funded by the European Union. A project implemented by Winston & Julia Mitille
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
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. Most of the recommendations speak to
these issues and provide guidance to improve the operations of these agencies as
18
Project Funded by the European Union. A project implemented by Winston & Julia Mitille
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).
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Project Funded by the European Union. A project implemented by Winston & Julia Mitille
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)
Department of Fisheries
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
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Project Funded by the European Union. A project implemented by Winston & Julia Mitille
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.
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Project Funded by the European Union. A project implemented by Winston & Julia Mitille
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?
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Project Funded by the European Union. A project implemented by Winston & Julia Mitille
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.
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Project Funded by the European Union. A project implemented by Winston & Julia Mitille
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;
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Project Funded by the European Union. A project implemented by Winston & Julia Mitille
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).
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Project Funded by the European Union. A project implemented by Winston & Julia Mitille
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;
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Project Funded by the European Union. A project implemented by Winston & Julia Mitille
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.
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Project Funded by the European Union. A project implemented by Winston & Julia Mitille
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.
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Project Funded by the European Union. A project implemented by Winston & Julia Mitille
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.
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Project Funded by the European Union. A project implemented by Winston & Julia Mitille
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
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. 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.
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Project Funded by the European Union. A project implemented by Winston & Julia Mitille
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
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Project Funded by the European Union. A project implemented by Winston & Julia Mitille
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
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Project Funded by the European Union. A project implemented by Winston & Julia Mitille
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;
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Project Funded by the European Union. A project implemented by Winston & Julia Mitille
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
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Project Funded by the European Union. A project implemented by Winston & Julia Mitille
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.
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Project Funded by the European Union. A project implemented by Winston & Julia Mitille
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
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Project Funded by the European Union. A project implemented by Winston & Julia Mitille
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.
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Project Funded by the European Union. A project implemented by Winston & Julia Mitille
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:
Department of Fisheries
Customs
Saint Lucia Air & Sea Ports Authority
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Project Funded by the European Union. A project implemented by Winston & Julia Mitille
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
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Project Funded by the European Union. A project implemented by Winston & Julia Mitille
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
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Project Funded by the European Union. A project implemented by Winston & Julia Mitille
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
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Project Funded by the European Union. A project implemented by Winston & Julia Mitille
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
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Project Funded by the European Union. A project implemented by Winston & Julia Mitille
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
Department of Fisheries
April 14th
Department of Fisheries
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)
Assessment Questionnaire
May 8th
SMMA -
Ms Janine Compton-Antoine –
Manager - Field Visit
Assessment Questionnaire
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
Assessment Questionnaire
May 17th
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Project Funded by the European Union. A project implemented by Winston & Julia Mitille
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
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Project Funded by the European Union. A project implemented by Winston & Julia Mitille
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
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Project Funded by the European Union. A project implemented by Winston & Julia Mitille
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
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Project Funded by the European Union. A project implemented by Winston & Julia Mitille
Working Session – Validation Workshop (Enforcement Officers)
Working Session – Validation Workshop (Enforcement Officers)
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Project Funded by the European Union. A project implemented by Winston & Julia Mitille
Communications Unit – MOA covering Opening Ceremony
Sensitization Workshop – Judiciary, DOF Conference Room
Sans Souci – Castries 18th
June, 2013
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Project Funded by the European Union. A project implemented by Winston & Julia Mitille
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;
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Project Funded by the European Union. A project implemented by Winston & Julia Mitille
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
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Project Funded by the European Union. A project implemented by Winston & Julia Mitille
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 ) .
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Project Funded by the European Union. A project implemented by Winston & Julia Mitille
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
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Project Funded by the European Union. A project implemented by Winston & Julia Mitille
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?
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Project Funded by the European Union. A project implemented by Winston & Julia Mitille
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
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Project Funded by the European Union. A project implemented by Winston & Julia Mitille
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?
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Project Funded by the European Union. A project implemented by Winston & Julia Mitille
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?
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Project Funded by the European Union. A project implemented by Winston & Julia Mitille
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!
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Project Funded by the European Union. A project implemented by Winston & Julia Mitille
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
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Sample: Completed Survey Questionnaires – Law Enforcement APPENDIX: 3
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ANNEX F (64-81)
WORKSHOPS REPORT
Fisheries Enforcement ToolKit
1. Target Groups:
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Project Funded by the European Union. A project implemented by Winston & Julia Mitille
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
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Project Funded by the European Union. A project implemented by Winston & Julia Mitille
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.
.
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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
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Project Funded by the European Union. A project implemented by Winston & Julia Mitille
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
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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
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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
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(Three (3) participants did not sign register, refer to group photo. Appendix
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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