Fresh jack mackerel. (Photo: Stock File)

Ecuador to resort to new ways to get more jack mackerel quota

ECUADOR
Tuesday, June 19, 2018, 02:20 (GMT + 9)

Ecuador has at least four ways to make viable its aspiration to raise the quota assigned to the jack mackerel fishery in the South Pacific, as set by the Fisheries Expert Review Panel constituted in the Permanent Court of Arbitration of The Hague.

Therefore, covered by the resolution of this institution, the Ministry of Aquaculture and Fisheries will in January next year present its request to increase the catch quota of the species respecting the principles of equality, proportionality and cooperation among its members to the South Pacific Regional Fisheries Management Organization (SPRFMO).

The Ecuadorian Government clarifies that Ecuador did not bring any action against Chile or another member country of the SPRFMO, so the Permanent Court of Arbitration of The Hague did not issue a ruling in favour of any member.

The objection (claim) substantiated before the Review Panel was presented by the decision of the SPRFMO not to increase the quota despite the Ecuadorian requests to review it according to the basic aspiration of its industry, which was insisted during the latest meeting of this organization held in Lima between January 30 and February 3, 2018.

Ecuador argued that the quota allocation system registered deficiencies and inequities and insisted on its requirement to increase the quota to at least 6,500 tons, which would allow it to operate with a vessel with an Ecuadorian registry.

In its ruling, the Review Panel suggested as solution mechanisms for the dispute raised by Ecuador against the SPRFMO, four alternatives aimed at making the increase in jack mackerel quota possible, in recognition of the origin of the Ecuadorian request to have a quota that allows the development of the fishery.

The Ecuadorian Government emphasizes that, therefore, the versions are false in the sense that the Panel has ignored the Ecuadorian position and that, on the contrary, it opened the doors for the SPRFMO to review the case again.

The members of the Panel considered that Ecuador's aspirations could be met at future meetings of the SPRFMO, and suggested that the agency provide assistance to Ecuador in this regard, be it through the assistance fund to developing States or otherwise.

Likewise, they invited the SPRFMO to explore the possibility of adjustments to the allocation transfer system that resolve the difficulties experienced by Ecuador, such as incorporating the notion of a preferential acquisition right.

Another alternative could be for the members of the SPRFMO to individually review their national transfer processes to help Ecuador directly within the framework of the current system.

The Panel also suggested that member countries may transfer part of their capabilities to Ecuador for a specific period of time, as they have already done with another member, according to the text of the ruling.

The suggestion of timely treatment of the quota increase request for Ecuador within the SPRFMO also emerged as a proposal from several of the members participating in the May 23 hearing in The Hague as well as from the president of the Commission of the entity, Osvaldo Urrutía, for the strong support and arguments presented by Ecuador.

In the opinion of the Ministry of Aquaculture and Fisheries, having obtained these alternative solutions from the Review Panel acting in The Hague, despite the fact that the resolution did not accept discrimination and contravention of the rules alleged by Ecuador, constitutes a great advance for the country looking for an increase in jack mackerel quota, a fact that until the January 2018 meeting had not been recognized.

With the indicated background, the Ministry works on the preparation of the proposal for the January 2019 meeting, in which it will incorporate the suggestions of the Review Panel, as well as the offers of the members to deal with and resolve the country’s fair claim within the breast of this organism.

Related articles:

- The Hague fails in favour of Chile in jack mackerel dispute
- Govt expects The Hague’s positive ruling on jack mackerel quota

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