Pattaratjit Kaewnuratchadasorn, Program Manager, whose efforts were instrumental in ensuring the timely completion of the work. Sawitree Chamsai, Policy and Program Officer I, who provided support during the initial stages of the allocation. DLF Lao PDR Department of Livestock and Fisheries FAO Food and Agriculture Organization of the United Nations.
INTRODUCTION
LEGAL REVIEW
INTERNATIONAL FRAMEWORK
- Global Agreements
- Fisheries Agreements
- Multilateral Environmental Agreements
- Regional Arrangements
Status: None of the countries covered in the current report have ratified the UNFSA, which has 83 parties. Status: None of the countries covered in the current report have ratified the FAOCA, which has 40 parties. Status: None of the countries covered in this report have ratified the CMS, which has 124 parties.
DOMESTIC FRAMEWORK
- Strategic Framework
- Institutional Framework
- Fisheries and Related Legislation
- Inland Fisheries and Aquaculture – Cambodia/Lao PDR
- Marine Capture Fisheries – Cambodia/Viet Nam
In Cambodia, city/province identification colors are established for marking fishing vessels with a capacity of over 500 kg, but these provisions generally do not apply to inland fishing vessels. Cambodian legislation prohibits the use of certain types of fishing gear or fishing methods in certain areas. In the Lao PDR, there are no provisions regarding foreign fishing vessels or foreign fishermen operating in national waters.
In Cambodia, legislation prohibits the use of certain types of motorized fishing gear in inland fisheries (see matrix item 10 for further details). In Vietnam, the certification of the seaworthiness and safety of fishing vessels is under the competence of D-FISH. Conclusion: Different authorities are responsible for registration of fishing vessels in the two countries (MPWT in Cambodia for all vessels and MARD/D-FISH in Vietnam for fishing vessels).
In Cambodia, identification colors have been established according to city/province for marking fishing vessels with a capacity over 500 kg. Conclusion: Both countries have rules on the marking of fishing vessels, but the marking criteria are significantly different. Cambodian law prohibits the use of certain types of fishing gear or methods in certain areas – e.g.
Vietnamese law defines the types of fishing vessels that are allowed to operate in each of the three zones. In Vietnam, the use of certain types of fishing gear and vessels is prohibited in coastal and coastal areas. The regulations specify the maximum size or engine power of fishing vessels that are allowed to fish in the coastal area.
FINAL REMARKS
CONCLUSIONS
- International and Regional Framework
- Domestic Framework
In terms of habitat and species conservation, both countries have taken a number of measures to ban the use of destructive fishing methods. Only Cambodia has adopted provisions aimed at habitat restoration, but both countries have established a national day for the release of fish into the natural environment. Both countries have imposed administrative sanctions for violations of aquaculture regulations, but criminal sanctions are generally imposed in cases of environmental damage.
Regarding the regulation of fishing operations, both countries have a licensing system in place, including for foreign vessels and for national vessels operating outside national waters. In terms of conservation measures, both countries have bans on destructive fishing gear and methods, but the rules for the use of fishing gear are not harmonized. Both countries have regulations on the marking of fishing vessels, but the marking criteria are significantly different.
Both countries require the keeping of a fishing logbook, but Vietnam also requires the submission of catch reports to the competent authorities. Both countries regulate the use of fishing ports by national and foreign vessels, although specific regulations may differ. Both countries have identified a number of protected species, although some differences are found in the respective lists of protected species.
Both countries have general provisions on the need to restore habitats and encourage stock increases, but only Cambodia has established a national day for the release of fish into the wild.
RECOMMENDATIONS
- International and Regional Framework
- Domestic Framework
Both countries should improve coordination in the field of inland aquaculture, especially in relation to the movement of live fish, including the import and export of fingerlings, and the control of outbreaks of fish disease in farms. Awareness among stakeholders about existing regulations must be ensured, as well as training about fish disease. For the development of trade in fish and fish products, border facilities should be established between Cambodia and Lao PDR for the establishment of a local wholesale market.
Both countries should gradually introduce traceability and catch certification measures to verify the origin of fish. The Lao People's Democratic Republic should establish clear rules for the establishment of fish landings for capture fisheries and aquaculture. Cambodia and Vietnam should work together to ensure harmonization of measures related to the management of fishing vessels, including reefers and fish processing vessels, to ensure proper registration and marking.
Both countries should gradually introduce requirements for the installation of communication equipment such as AIS and VMS on board industrial fishing vessels. Regarding the regulation of fishing activities, the zoning of fishing areas and the criteria for licensing fishing activities should be harmonized. Vietnam should consider defining a national fish release day, and both countries should adopt regulations on the use of alien species for reintroduction.
Regarding trade in fish and fish products, both countries should gradually introduce traceability and catch certification measures to control the origin of fish.
ANNEXES
PROPOSED AGENDA FOR TRAINING PROGRAMMES
- Cambodia – Lao PDR (Stung Treng & Champasak Provinces)
- Cambodia – Viet Nam (Kampot & Kien Giang Provinces)
SUMMARY REPORT ON RECENT ADVANCES IN THE REGION
- Mekong River Commission (MRC)
- Association of Southeast Asian Nations (ASEAN)
- Cambodia
- Lao PDR
- Viet Nam
As agreed in Strategic Actions 1.1 and 2.2 above, the MRC Environment Department, now in charge of the Fisheries Programme, is currently preparing a study on fish ecology, productivity and value of fisheries for catch and discussing a proposal for the Mekong River Basin. broad fisheries management and development strategy (4th draft, May 2015). In addition, the four MRC member states along with China and Myanmar have recently launched the Lancang/Mekong Cooperation Mechanism (LMCM), with Lancang being the name of the Mekong River in China. The aim of the LMCM is to strengthen regional dialogue and cooperation in three key areas: political and security issues; economic and sustainable development; and social, cultural and interpersonal exchanges.
It also aims to initiate cooperation in the following priority areas: connectivity of rivers, roads and railways; cross-border economic cooperation; and water management. ASEAN has been working on two key documents to enhance regional cooperation in the fisheries sector: the Strategic Action Plan for ASEAN Cooperation in Fisheries (SPA Fisheries) and the ASEAN Catch Documentation Scheme (ACDS). The final draft of the Fisheries SPA was approved at the Second Technical Working Meeting on 16-18 February 2016 in Nay Pyi Taw, Myanmar, and endorsed at the 38th AMAF Meeting on 6 October 2016 in Singapore.
The implementation of the Fisheries SPA will be carried out by the ASEAN Sectoral Working Group on Fisheries (ASWFi) and the ASEAN Fisheries Consultation Forum (AFCF), pending the results of the streamlining of the structure of the ASEAN Ministers of Agriculture and Forestry (AMAF). ). On the other hand, the third draft of the ACDS, developed in 2015, was presented at the 38th AMAF meeting on October 6, 2016 in Singapore, but has not yet been approved. Increasing the credibility of fish and fishery products for intra-regional and international trade; And.
Vietnam is in the process of acceding to the PSMA and the amendment to the 2003 Fisheries Law.
CAMBODIA-LAO PDR COMPARATIVE MATRIX ON INLAND FISHERIES AND
A permit is required for all forms of fishing in the inland and marine domains, with the exception of fishing for personal use (art. 32 FL). The use of fishing gear or fishing time in a CFi area other than that determined by the Minister of MAFF is punishable by a transaction fine (art. 95 FL). Imprisonment from 3 months to 1 year and a fine amounting to double the damage due to criminal activity (art. 68 FL).
Imprisonment from 3 months to 1 year and a fine amounting to double the damage due to criminal activities, including the destruction of habitats and spawning grounds (art. 68 FL). Fishing with prohibited mesh size is punishable with a transaction fine (art. 95 FL), with 1-3 years' imprisonment and 5M-50M Riels fine (art. 99 FL) or with 1 month to 1 year. Protected (endangered) species are determined by the government on a proposal from MAF (art. 10 FL).
Technical requirements for aquaculture are determined by the head of the Central FiA (Art. 56 ZZ). Commercial transport of fishery products (including live fish) is subject to a permit issued by the Central FiA (Art. 64 FL) – or the Cantonment FiA in the province. Commercial transport of fishery products requires a permit issued by the FiA (Article 64 FL).
Commercial import and export of fishery products is subject to a license issued by the head of Central FiA (art. 66-68 FL), which is based on a quota system.
CAMBODIA-VIET NAM COMPARATIVE MATRIX ON MARINE CAPTURE
The procedure for granting fishing licenses includes registration of fishing vessels and gear with FiA (art. 33 FL) - FiA registration is conditional on compliance with technical. A permit is required for any type of fishing, except when carried out by individuals using fishing vessels with tonnage < 0.5 GT or not using a fishing vessel (Art. 16 FL + Decree 59/2005). Use of fishing gear or fishing time in a CFi area other than that established by the Minister of MAFF is sanctioned with a transaction fine (art. 95 FL) - Sale, exchange, rent, give as a gift, do.
Provisions relating to designation of ports for foreign fishing vessels and notice of port entry are listed (section 47 FL - see item 15 of this matrix). National fishing vessels operating on the open sea or in foreign waters must meet the following conditions (Art. 6, Decree 33/2010, amended by Decree 53/2012). Fishermen must tranship their fishery products at a fishing port designated by the FiA (Article 47 FL).
Transshipment at sea is implicitly prohibited by the port transshipment requirement (Article 47 FL). The provisions relating to the designation of ports for foreign fishing vessels and notification of port entry are listed (Article 47 FL). Violations related to the operation of fishing ports, landing sites and storm shelters for fishing vessels are sanctioned by administrative penalties (Article 31, Decree 103/2013).
Fishing with a prohibited mesh size is sanctioned with 1-3 years in prison and a 5M- 50M Riel fine (art. 99 FL). Spawning, breeding and regional fishing seasons must be determined by MAFF declaration (art. 16, subsection 3 FL). The 2008 Law on Nature Protected Areas identifies 8 types of protected areas (PAs) (art. 7): national park; game reserve;.
