Vietnam Fisheries Brace for EU Yellow Card Review

The tides wait for no one and each day fisheries, particularly those closest to the shores, are over-fished and harmed by industrialization. For emerging economies like Vietnam, the issuance of a yellow card by the European Union caught the attention of fishers and government officials alike, with a clear warning that the country has not been tackling illegal, unreported and unregulated fishing.

Tran VanLinh, the chairman of the Danang Fisheries, like others, is worried about the industry’s export future. After all, the fisheries sector is a cornerstone of the Vietnamese economy and has contributed to an average growth rate of 7.9 percent. Nevertheless, he understands that the yellow card offers not only a roadmap for the government but also for all people to address long-standing conservation and sustainability issues.

“After receiving the commission’s carding system notice, Vietnam has tried to satisfy all the requirements imposed by the EU. We do need to protect our sea and environment,” claims Linh.

The overall picture in the South China Sea or East Sea as Vietnam refers to this body of water, is grim. Total fish stocks have been depleted by 70-95 percent since the 1950s, and catch rates have declined by 70 percent over the last 20 years. Giant clam harvesting, dredging, and artificial island building in recent years severely damaged or destroyed over 160 square kilometers, or about 40,000 acres, of coral reefs, which were already declining by 16 percent per decade.

Challenges around food security and renewable fish resources are fast becoming a hardscrabble reality for more than just fishermen. With dwindling fisheries in the region’s coastal areas, fishing state subsidies, overlapping EEZ claims, and mega-commercial fishing trawlers competing in a multi-billion-dollar industry, fish are now the backbone in this sea of troubles.

Meanwhile, Vietnam’s fisheries employ more than 4.5 million people and the nation is ranked as the world’s fourth largest exporter of fish commodities after China, Norway and Thailand. In 2016, the country’s seafood products were exported to 160 countries and territories with the three major markets of the US (20.6%), EU (17.3%), and Japan (15.7%). Vietnam is currently the largest tra fish supplier and fourth biggest shrimp exporter in the world.

There’s even greater pressure placed on fishermen to meet Vietnam’s ambitious seafood sector target of earning 10 billion USD from exports this year, up 10 percent from 2018.  According to the Vietnamese Association of Seafood Exporters and Producers (VASEP), the goal can be achieved largely from $4.2 billion from shrimp exports, $2.3 billion from tra fish exports, and some $3.5 billion from other seafood shipments.

Meanwhile, coastal fish stocks have become either fully exploited or overfished. As a consequence, the South China Sea is considered Vietnam’s vital fishing ground.

With a delegation of the EU’s Directorate of Maritime Affairs and Fisheries expected to arrive at the end of May, Vietnam is urgently adopting measures to convince inspectors that they have smartly corrected their fishery conservation course.

 “The Danang Fishery Department has implemented numerous educational programs to teach fishermen about the new laws and to train them about the EU requirements,” adds Linh, a respected industry leader.

From Hai Phong, Da Nang, LySon, Phu Quoc and Vung Tau, more fisheries are attempting to reign in bad practices and reach towards modernization, eliminating the destructive fishing practices which affects fishery resources. However, more work is still required to revise their legal framework to insure compliance with international and regional rules, to increase the traceability of its seafood products, and to strengthen the implementation of its conservation and management of fisheries resources.

Mr. Le Khuon, chairman of the fishery association in An Vinh Village located in Quang Ngai Province and a former fisherman, who has stared down an aggressive Chinese fishing vessel or two near the Paracels, knows the hardships of fishing. “Of course the yellow card does impact on our local fishermen since we export sea cucumbers to the EU.”

Along with others in the area, Ly Son fishermen recognize the importance of marine protected areas since the coastal areas are overfished. “It’s a hard life and I have lost friends to the sea,” claims 42 year-old Tran Phuc Linh, who has also been harassed by the Chinese since he often fishes near disputed historic fishing grounds in the Paracel Islands.

In fact, the fishing incidents continue in the Spratlys, where China’s mega steel hulled vessels regularly intimidate Vietnam’s colorful wooden trawlers. Just two months ago, a fishing trawler moored at Da Loiis land, in the Paracel archipelago was chased by a Chinese Maritime Surveillance vessel before it crashed upon the rocks and sunk without loss of life to crew.

According to analyst and consultant, Carlyle A. Thayer, “the Chinese government, as a matter of policy, employs it commercial fishing fleet as a third arm of its maritime forces after the regular navy and civilian maritime enforcement agencies, now grouped into a national Coast Guard.”

Linh and his wife do not want their two teenage sons to make their living as fishermen. They know the perils at sea from the seasonal typhoons and the threats associated with patrol and interdiction of ships violating mutually agreed upon fishing restrictions.

Sent by their governments to find food for their people, fishers find themselves on the front lines of this new ecological battle. These fishing sentinels and their trawlers are fighting the maritime disputes between China and its neighbors.

This fishing competition for available fish has resulted in increased number of fishing vessel conflicts. These hostile sea encounters have been witnessed in Indonesia waters whereat least 23 fishing boast from Vietnam and Malaysia have been accused of poaching in that nation’s waters.

As a result, Indonesia’s fisheries minister, Susi Pudijastuti, ordered the dynamiting of these boats and over 170 fishing vessels have been sunk in their waters over the past several years. The increasing number of fishing incidents reflects not only deeply different interpretations and application of the law of the sea, but a fundamental conflict of interest between coastal states and maritime powers.

Even with these threatening clouds on the horizon, some fisheries are going about responsibly reigning in illegal fishing. In Da Nang, its 509 fishing trawlers (all longer than 15 metres) have installed with GPS. This includes the seven steel hulled vessels subsidized by the government’s generous loan program.

The mandatory installation of the GPS offers more assurance in the identification of catch origins and it also helps that more fishermen are also completing and submitting the required fishing diary or logbook.

Meanwhile, the government insists that statistics on fishing vessels, fishing logs and fishing yields of each commercial trawler are now part of a Vietnam Fish Base, a nationwide fishery software database in accordance with the law.

Within the disputed territory, there are over 1.9 billion people, seventy-five percent of them living within one hundred kilometers of the coast. Nearly eighty-five percent of the world’s fishers are concentrated in Asia, particularly in the South China Sea, according to the Food and Agriculture Organization of the United Nations.

Subsequently, fishing remains a politically sensitive and emotionally charged national security issue for all claimant nations. This ocean plundering presents the region with a looming food crisis. Any effort to balance the economic benefits with the security context within the South China Sea will require a coordinated, multi-level response from scientists, historically engaged in collaborative research and already addressing issues of sustained productivity and environmental security in the region.

It’s a prevailing view that the collapse of fisheries is the major driver of competition for marine resources. This continues to result in a lack of respect among claimants for mutually agreed-upon fishery restrictions within 12 nautical miles of outposts and in the recognition of management area within 200 nautical miles of coastline. Last year 86 Vietnamese fishing boats were destroyed by Indonesia for illegally catching fish in its waters.

However, senior Vietnamese officials are confident that these violations are now being eliminated, if not sharply reduced.

“ Because local governments and relevant agencies such as the Coastguard, and Border guard are conducting more surveillance and enacting stern measures in monitoring and investigating; fishing violations are reduced,” claims Nguyen Manh Dong, Director General of the Department of Maritime Affairs, and National Boundary Commission.

He’s quick to add that while the EU’s requirements have been fulfilled including port control, some cases still happen, particularly with Indonesia.

To offer additional counter-balance, Vietnam’s Fisheries Resources Surveillance Department has stated that it is working to raise awareness of maritime boundaries and international maritime laws among its fishermen, apart from conducting frequent patrols to prevent potential violations

The complicated nature of the Vietnam’s East Sea or the South China Sea (SCS) disputes, makes short term resolution of fishing disputes difficult. More parties, believe that proper management of these disputes to insure stability  becomes a priority.

“Vietnam will never tolerate or permit activities related to illegal, unreported and unregulated (IUU) fishing,” adds Deputy Minister of Agriculture and Rural Development (MARD) Vu Van Tam.

For example, Binh Dinh province is adopting necessary measures to remove the “yellow card” status. All local fishing boats are required to obtain certificates of registration, inviting local authorities to review design documents, supervise the building, improvement and repairing of fishing vessels.

Among policy shapers, and marine scientists, there’s a general consensus that the best approach for managing SCS disputes and addressing IUU issues is to set aside the sovereignty disputes and jointly develop and manage the natural resources, such as fisheries. While advancing fisheries cooperation in the SCS has been increasingly recognized as a political, ecological, socio-economic and security imperative, a crucial question remains unanswered. What objective can be achieved through fisheries cooperation in the SCS?

Marine biologists like Professor Nguyen Chu Hoi advocate the creation of ecosystem- based fishery zones covering reefs that are vital to regional fish stocks, especially in the Spratlys and Paracels. This action requires the adoption of an urgent cooperative marine management system, regardless of the location of their territorial and maritime claims.

While the growing demand for fish by global markets can fray even the strongest fisher’s net, the challenge for Vietnam is the imperative for management of its declining fisheries in order to create long-term sustainability. The protection of the “commons” requires more than a pass fail report card from the EU.

James Borton
James Borton
James Borton is an independent journalist, a former non-resident fellow at the Stimson Center, and founding member of the Environmental Peacebuilding Association based in Washington D.C. He is the editor of “Islands and Rocks in the South China Sea: Post Hague Ruling” and “The South China Sea: Challenges and Promises.”