AIDE MEMOIRE (Liberia) Fourth Implementation Support Mission for the West Africa Regional Fisheries Program (WARFP) (Cr.

Transcription

1 Public Disclosure Authorized AIDE MEMOIRE (Liberia) Fourth Implementation Support Mission for the West Africa Regional Fisheries Program (WARFP) (Cr.H524, TF 95538) August 6-12, 2011 Public Disclosure Authorized Public Disclosure Authorized Public Disclosure Authorized I. Introduction and Acknowledgements 1. A World Bank/Sub-Regional Fisheries Commission joint implementation support mission was conducted in Liberia from August 6 through 12, The Sub-Regional Fisheries Commission (CSRP) team consisted of Ms. Dienaba Beye Traore (Head of Policy and Legislation, CSRP), Dr. Demba Kane (WARFP Regional Coordinator, CSRP) and Mr. Ibrahim Turay (WARFP Monitoring and Evaluation Specialist, CSRP). The World Bank team consisted of Mr. Herbert Arceo (Africa Catalytic Growth Fund), Mr. Laurent Frémy (Investment Officer, International Finance Corporation), Mr. Bruce Carrie (Consultant, International Finance Corporation); Mr. Stephen Akester (Implementation Support Consultant), Mr. Rado (Fisheries Specialist), Ms. Sachiko Kondo (Junior Program Officer), Mr. Oliver Braedt (Co-Task Team Leader) and Mr. John Virdin (Regional Task Team Leader). A list of people met is presented in Annex I. 2. This Aide Memoire records the key findings of the mission and agreements reached with the Government of Liberia. The mission would like to thank the staff of the Ministry of Agriculture, and specifically the Bureau for National Fisheries, for their assistance and collaboration. 3. The key mission objective was to support the Government in the implementation of the work program for the project, and to identify any potential for collaboration with the Advisory Services of the International Finance Corporation. 4. In order to accomplish the objectives of the Mission, a kick-off meeting was held with the Ministry of Agriculture on August 8, followed by four days of meetings with the Ministry of Agriculture and the Bureau for National Fisheries, the Ministry of Defense, the Ministry of Justice, the Environmental Protection Agency and National Project Steering Committee, and visits to Robertsport, the Fisheries Monitoring Center and the Mesurado Pier. A wrap-up meeting was held with the Ministry of Agriculture, on August 12, II. Context 5. The objective of the West Africa Regional Fisheries Program is to sustainably increase the overall wealth generated by the exploitation of the marine fisheries resources of West Africa, and the proportion of that wealth captured by West African countries, by (i) strengthening the countries capacity to govern and manage targeted fisheries; (ii) reducing illegal fishing; and (iii) increasing the value and profitability generated by fish resources and the proportion of that value captured by the countries.

2 III. Progress of Implementation 7. Overall. The West Africa Regional Fisheries Program has been implemented by the Bureau for National Fisheries (BNF) for more than one year. During that time, BNF has made notable progress towards achieving the project s objectives, and is overall firmly on schedule at this stage in implementation. This progress includes: i. enactment of the first comprehensive regulatory framework for the sector in over two decades, ii. introduction of new and transparent industrial fish licensing procedures to sustainably increase public revenues, based on an initial scientific assessment of the fish stocks and pre-cautionary principles, iii. preparation of an Executive Order to declare the country s Exclusive Economic Zone, iv. recruitment of international technical assistance to prepare a long-term policy vision for the fisheries and the institutional arrangements, law and regulations necessary to implement this vision, v. completion of the country s first registration of small-scale fishing vessels, marking and entering into a database 3,262 canoes, vi. recruitment of BNF community organizers based at Robertsport, establishment of a Co- Management Association (CMA) for managing the local fisheries, preparation of draft by-laws to legally recognize the CMA and completion of a rapid participatory assessment of the fisheries; vii. establishment of a functioning Fisheries Monitoring Center, equipped with radio and computer communications and a satellite-based fishing vessel monitoring system (VMS) receiving reports from the six licensed industrial vessels equipped with transponders; viii. in collaboration with the United States Government (National Oceanic and Atmospheric Administration NOAA), recruitment and training of a team of fisheries observers who are reporting fish catch data from all licensed industrial vessels; ix. initial establishment of a database for licenses and revenues, as well as fish catch and effort (to be fully operational through support from NOAA in coming months); x. launch of initial fisheries patrols by the Liberian Coast Guard together with BNF (through support from the United States Coast Guard) based on the memorandum of understanding (MOU) for the Monitoring, Control and Surveillance Coordinating Committee (MCS CC); xi. completion of a number of aerial fisheries surveillance patrols of Liberia s waters (through collaboration with the United Nations Mission in Liberia UNMIL); xii. arrest of five trawl vessels for non-compliance with the new fisheries regulations; xiii. identification of land at Robertsport for the fish landing site cluster, completion of the deed and the Resettlement Action Plan according to the Program s Resettlement Policy Framework (publicly disclosed) and commitment of finance for compensation by the Government; xiv. recruitment of an architectural firm to prepare the detailed designs and bid documents for the rehabilitation of Mesurado pier in Monrovia for fish landing, the fish landing site at Robertsport, a number of small forward operating bases for fisheries surveillance and the future headquarters of BNF; and xv. the identification of training for two BNF staff in fisheries management and policy. 8. Given the above progress, the project is already beginning to demonstrate tangible results in the long process to transform the country s fisheries into an engine of economic growth.

3 Significant challenges remain, but the project is well positioned to meet them at this stage in implementation. 9. Component 1: Strengthening Governance of the Fisheries. The objective of this component is to build the capacity of the Government and stakeholders to implement a shared approach that would ensure that the marine fish resources are used in a manner that is environmentally sustainable, socially fair and economically profitable. The key priorities for this component during the remainder of 2011 include: Recruitment of the Governance focal point for this component, Declaration of the Exclusive Economic Zone (EEZ), Preparation of a long-term policy vision for the country s fisheries, Development of a transparent fishing vessel and license registry (including collection of remaining license revenues for current vessels), Development of a fishing catch and effort database (using observer reports), and Launch of a capacity building and training program by recruitment of an international university to work with the University of Liberia and Bureau for National Fisheries. 10. Component 2: Reducing Illegal Fishing. The objective of this component is to reduce the illegal fishing activities threatening the sustainable management of the marine fish resources and the wealth they can generate for Liberia. The key priorities for this component during the remainder of 2011 include: Building legal capacity in the Government to prosecute fisheries infractions, including the recruitment of a legal advisor to BNF to support the development of cases once vessels are arrested, as well as working with the Ministry of Justice to identify and train prosecutors in maritime law, Continued implementation of the MOU for the MCS CC, including the installation of fuel storage tanks for fisheries surveillance patrols, identification of forward operating bases (potentially as mobile units) and the launch of surveillance patrols equivalent to 10 patrol days per month starting in September, and In the longer term, identification of a patrol vessel for BNF. 11. Component 3: Increasing Local Value Added to Fish Products. The objective of this component is to increase the benefits to Liberia from the marine fish resources, by increasing the share of the value-added captured in the country. The key priorities for this component during the remainder of 2011 include: Signature of the draft lease for Mesurado Pier (including the pump house which would be rehabilitated to serve as BNF s permanent Fisheries Monitoring Center and quality control laboratory), and Completion of architectural designs for the landing sites at Mesurado and Robertsport. 12. Monitoring & Evaluation (M&E). The mission noted that the database for the catch and effort monitoring has been established and the information related to the illegal fishing activities are recorded at the Fisheries Monitoring Center. Moreover, the project has initiated the recording of the export permits for fisheries products which will allow the analysis of the trends of fisheries products export from the country. However, the monitoring and evaluation plan does need to be updated and used as a tool in the day to day management of the project. For this reason, the mission supported BNF to strengthen the M&E plan and reporting processes. The updated results framework for the project is shown in Annex 2.

4 13. Environment & Social Safeguards. The mission noted that during the preparatory stage of the project, three key environmental and social safeguards documents were prepared: (i) Environment and Social Management Plan, (ii) a Regional Process Framework with a National Implementation Plan in the Operational Manual to guide the implementation of resource use rules and laws that might result in losses for fishers, and (iii) a Resettlement Policy Framework (RPF) to guide the preparation of Resettlement Action Plans in the case of any land acquisition and/or resettlement associated with construction of fish landing site clusters. The Abbreviated Resettlement Action Plan (ARAP) for the landing site at Robertsport was prepared according to the RPF, and recently reviewed and cleared for disclosure by the World Bank. The Government of Liberia has committed the funds necessary for implementation of the ARAP. 14. Financial Management. The Project Financial Management Unit (PFMU) has maintained satisfactory financial management arrangements for the project. The latest Interim Financial Report (IFR) (due for the quarter that ended June 30, 2011) was submitted on time and considered highly satisfactory per the Bank s guidelines. With a disbursement rate of 25 percent, the Liberia investment of the WARFP has the highest disbursement rate of any of the countries participating in the program. The mission was also encouraged by the high level of collaboration between the PFMU and the project office on financial management issues. As a step towards strengthening the financial management arrangements in the project, and to support the transfer of financial management responsibilities from the PFMU to BNF in the future, the mission recommends the following: A. Recruitment of a Finance Officer or an Assistant Project Accountant to strengthen the staffing capacity of the accounting department. The current staff level of only one Project Accountant does not provide for the requisite segregation of duties that will minimize the control and detection risks that exists in the project s accounting and internal control environment. B. Procurement of simplified accounting software (e.g Quick Books or other software as appropriate) to support the recording of accounting transactions and financial reporting. There is currently no double entry accounting system in place that will ensure funds advanced for project implementation will be accounted for and reliable financial reports prepared accordingly. 15. Lastly the mission noted the need for the project team to complete the recruitment of the external auditors for the project to ensure that the project audit report is submitted to the Bank before the deadline of December 31, The next project IFR is also due to the Bank by October 15, Procurement. A procurement review was conducted of the project. The review concluded that procurement to date has to a large extent been conducted in accordance with the World Bank procurement guidelines and the approved procurement plan. There was evidence of Non- Objection letters for procurement activities that required the Bank's prior review. Advertisements were placed in the UN Development Business and local newspapers and bidders given ample time to respond where necessary. Solicitation letters were also issued to prospective bidders when the Shopping method was used. However, evaluation of bids and proposals were found to have been conducted by the same people, which is not ideal for transparency. The best practice is to put together ad hoc evaluation committee as and when necessary, as well as a procurement committee made up of senior officials to approve of the recommendation by the evaluation committee. Additionally, contract management was noted to be satisfactory. There is a procedure to receive goods and all items procured have been delivered. Payments were also made in a timely manner. There is an assets register and all the assets have been labeled. It was suggested to the procurement officer that items in the store should be stored on pallets. Lastly, the review also

5 noted that albeit there is a procurement plan, it has not been updated. It was also recommended that the procurement plan be captured on the Banks standard procurement format. IV. Agreements Reached 17. The mission agreed that implementation of the project is firmly on track to achieve the objectives, and congratulated the Government of Liberia on the significant progress to date. At the same time, the Government s transformation of the fisheries sector is only one year old, and many challenges remain in this long process to sustainably increase the contribution of these resources to the country s economic growth. In particular, the mission agreed on the following priorities for the project s continued progress over the coming months until the end of 2011: Recruitment of the Governance Focal Point for component one. This consultancy was previously advertized without reception of at least three candidates with the minimum qualifications. The Government agreed to re-launch this important consultancy as soon as possible, so that the focal point would be in place to work with the international policy and legal firm recruited to facilitate the development of a long-term policy vision for the country s fisheries. Development of a transparent fishing vessel and license registry (including collection of remaining license revenues for current vessels). A secure and transparent registry of fishing vessel licenses and revenues is essential to the good governance of fisheries. Through the project, BNF has begun to monitor fishing vessels, licenses and revenues (see Annex 4). The Government agreed to continue to develop this registry to increase transparency in the sector, and as a starting point to publish each month the list of all licensed fishing vessels and public revenues, in local newspapers, the Ministry of Agriculture website, and the Government s E-Mansion site. Additionally, BNF will work with the Liberia Extractive Industries Transparency Initiative (LEITI). Acceleration of capacity building and training programs. In the coming months, the Government will re-launch the recruitment of an international university to work with the University of Liberia and Bureau for National Fisheries. In addition, the project will support the development of legal capacity in the Government to prosecute fisheries infractions, including the recruitment of a legal advisor to BNF to support the development of cases once vessels are arrested, as well as working with the Ministry of Justice to identify prosecutors who could be trained in maritime law and the United Nations Convention on the Law of the Sea (UNCLOS). Continued implementation of fisheries surveillance with all of the members of the MCS CC. In the coming weeks, the MCS CC will continue to expand fisheries surveillance operations, including the installation of fuel storage tanks for fisheries surveillance patrols, identification of forward operating bases (potentially as mobile units) and the launch of surveillance patrols equivalent to 10 patrol days per month starting in September. Selection of future BNF headquarters. With the architectural firm beginning work in the coming months, the Government will need to identify the future headquarters of BNF. While the future Fisheries Monitoring Center and quality control laboratory of BNF will be constructed in the old pump house at Mesurado pier with the signature of the lease between BNF and the National Ports Authority, because this structure is within the secure

6 port area, the public BNF offices would not be located there. Thus, the Government will still need to locate a site for the BNF offices, in addition to the work that will be undertaken at Mesurado pier. Strengthened BNF ownership of the WARFP. The mission reiterated that the WARFP is not a separate agency or institution, but rather a program being implemented by BNF. V. Key Actions Action Deadline Re-advertize the position of Governance Focal Point August 30 Publish in newspapers and website the list of licensed industrial fishing August 30 vessels and public revenues received Revision and circulation to the short list of the revised Request for September 15 Proposals for an international university to help build fisheries capacity in BNF and the University of Liberia Recruit a legal adviser to BNF to guide preparation of cases concerning September 15 illegal fishing infractions Conduct an average 10 fisheries surveillance patrol days per month, September through according to the MOU for the MCS CC December 2011 Signature of the lease with the National Port Authority for Mesurado pier September 15 Begin preparation of a national fisheries policy September 30 Installation of fuel storage tanks/depots and identification of October 15 mobile/fixed forward operating bases for fisheries surveillance VI. Disclosure 18. The Bank and Government of Liberia confirm their understanding and agreement to publicly disclose this aide-mémoire. The disclosure of this Aide Memoire was discussed and agreed to with project/ministry counterparts led by the Honorable Minister of Agriculture at the wrap-up meeting that took place on August 12, 2011, in the Ministry of Agriculture.

7 Annex I: List of Persons Met During the Mission Name Title Institution WARFP Steering Committee

8 Annex II. Update Results Matrix Component Results Indicator Baseline Year 1 Program Environment Indicator: Coastal shrimp: <10 At least 7 overexploited fisheries show tons signs of a recovery by EOP, as Coastal demersal measured by an increase in total fish: 136 tons 1 landings per unit of fishing capacity (number of tons of fish landed per fishing vessel) Program Program Comp. 1 Comp. 2 Economic Indicator: Increase in annual net economic benefits to each country from targeted fisheries (number net annual economic benefits) Social Indicator: Effective operation of community co-management (i.e. TURF management) committees established in targeted fishing communities (%) Improved Governance indicator: Territorial use rights fisheries (TURFs) legally established in targeted coastal fisheries by end of Phase 1 Clear principles and policies are established to increase the wealth from fisheries through strengthened rights and equitable allocation of these rights which balances economic efficiency and social benefits; Percentage of small-scale fishing vessels in targeted fisheries that are registered by end of Phase 1; Number of communities that are allocated fishing rights; Reduction of Illegal Fishing indicator: Reduction of the % of all known industrial vessels targeting the coastal demersal & shrimp fisheries observed fishing without a license Coastal shrimp an demersal fisheries: $3.9 million 4 Coastal shrimp: 3.1 tons 2 Coastal demersal fish: 24.1 tons 3 This measurement is currently being revised, and updated calculations will be available in 2 3 months 0 0 (Co-management Association established in Robertsport) New Fisheries regulations enacted 0 100% % % 6 1 est. 4,500 tons per 33 industrial vessels tons per three industrial vessels tons per five industrial vessels 4 For year 2008, includes non-motorized small-scale fisheries with total net economic benefits of $2.6 million (and total resource rent of $0.6 million), and industrial trawl fisheries with a total net economic benefit of $1.3 million. Excludes motorized small-scale vessels, assumed to be targeting small pelagics largely. 5 For last data year available, 2007, there were 50 licensed vessels, and close to 250 different vessels were observed fishing without a license by UNMIL flights, in the coastal zone. Total known industrial fishing vessels was thus 300, at least 250 of which were fishing without a license, for a minimum value of 83% serious infractions observed per every known industrial fishing vessel (inclusion of infraction to the Inshore Exclusion Zone would increase this value). 6 From February to July 2011, 5 vessels without license were sighted during UNMIL flights. Total number of licensed vessels for 2011 is 6 as of August 2011.

9 Comp. 3 Comp. 4 Total patrol days at sea per year in targeted fisheries (number of total patrol days/year) fishing vessel monitoring system (VMS) is in place and functioning (Yes / No) Increased Local Value Added Indicators: Increase or stabilization in the volume of exports from targeted fisheries (USD - % increase) Pilot integrated fish landing site clusters established by the Program and operating (number) A competent sanitary authority (CA) is accredited for certification of exports to the European Union, in each country (Yes/No) Regional database and dashboard of key environmental, economic and social fisheries statistics established at CSRP (Yes/No) Annual work programs, budgets and procurement plans completed (Yes / No) 0 4 flight patrol days 7 No Coastal demersals = 0 tons Shrimp = 0 tons 0 0 No No Yes 1 sea patrol day Yes Coastal demersals: 2.6 tons Shrimp: 7.15 tons No No Yes 7 Flight patrols from March to July 2011.

10 Annex III. Status of Implementation of 2011 WARFP Work Program

11 Component 1: Good Governance and Sustainable Management of the Fisheries Activities Status Strengthening of policy and regulatory framework for use of the fish resources Evaluation of technical and financial proposals for Completed selection of a firm to provide long-term legal, policy, management and training support for the Government to finalize and implement a new fisheries policy and regulatory framework, including a long-term policy vision for the sector, institutional arrangements, national MCS plan and fisheries resource management plans Recruitment of firm Development of long-term policy vision and institutional arrangements, including MCS plans and strategies New Fisheries Act is passed Commencement of work by firm to research into social and economic benefits of access agreement External training in governance and policy for 1 BNF staff Declaration of country s Exclusive Economic Zone (EEZ) in the sea, with UNCLOS Facilitation of implementation of Fisheries Management Advice by the Minister of Agriculture in support of application of the new Fisheries Regulations of 2010: convene a meeting with industry to explain the major provisions and requirements of New Fisheries Regulations call a press conference and announce the freezing of issuance or renewal of fishing licences for industrial fishing vessels with immediate effect for a minimum of 6 months call for pre-fishing inspection of all industrial fishing vessels at the Port of Monrovia request all fishing vessels to submit to the new fishing vessel registration exercise underway by the Bureau of National Fisheries supported by the WARFP engage, on full time basis, fisheries inspectors and observers and instruct a 100% observer coverage for all industrial vessels (WARFP would facilitate, as a stopgap measure, temporary and immediate engagement of such observers/inspectors request all industrial vessels to prepare and submit fishing plans to accompany applications for license when the ban on licensing is lifted implement immediately the new license fee for industrial vessels which constitutes 10% of the vessel value of the catch and by-catch taken during the entire licensing period; with one-half of the amount to be paid prior to the issuance of the license request all foreign industrial fishing vessels, seeking licences, to provide performance bonds as a financial guarantee for the fulfillment of all obligations arising out of a license request the Coordinator of the Bureau of National Fisheries, to come out with the required fees for registration and licensing of semi-industrial and artisanal boats/canoes as well as charges and levies, costs of services including inspection services instruct, as a condition of license, all industrial fishing vessels, to have the approved Mobile Transceiver Units, as directed by the Coordinator of the Bureau of National Fisheries request the operationalization of the Fisheries Monitoring Centre by WARFP, as soon as possible, and charge it to provide timely monitoring and surveillance Completed - Inception Report due 8/25 Starting October the firm will work to facilitate the policy vision, then the finalization of an Act to implement it Access agreement research a later priority Underway, staff starts training in September Executive Order declaring the EEZ prepared and awaiting signature by the President, after which it will be sent to the UN and baselines gazette by Min. of Foreign Affairs Completed Completed Completed Completed Completed Completed BNF has established a licensing committee to take decisions based on a preliminary plan of a cap of 20 industrial licenses for 2011 Completed Not completed Underway Completed all licensed vessels have transponders installed and participate in the VMS Completed Fisheries Monitoring Center operational with AIS and VMS

12 Annex IV. Industrial Fishing Vessel Licenses and Fees to date in 2011 Summary of Public Revenue Generated in 2011 by the Fisheries Sector Component 1: Revenue Generated from Vessel Licenses (US$) No. Vessel Name Registration Fee Inspection Fee Observer Fee 5% upfront payment Total 1 VASK , JEONGIN# GLOBAL# EROS LISTAR SETA Sub-Total 44, Component 2: Revenue Generated from Registration of Fishing Agency No. Fishing Agency Name Registration Fee 1 Star Fishing Agency Interburgo Industrial Company Dong Yong Fisheries Corporation Sub-Total 1,500 Component 3: Revenue Generated from Fines No. Vessel Name Fine Total 1 SETA Sub-Total 25,000 Component 4: Revenue Generated from Import Permits Total revenue generated from fish import permits 11, Component 5: Revenue Generated from Export Permits Total revenue generated from fish export permits 2, Grand Total 85, Total