Argentina's Coast Guard

    Argentina

    Correspondence

    April 8 - 18, 2024
    1 inquiry
    1 reply

    Email sent to the contact addresses for Argentina's Coast Guard.

    The email asked the following questions: "How significant is the problem of illegal fishing by foreign fishing vessels within Argentine waters? How frequently did such vessels cross into Argentine waters in 2022 and 2023?

    A review of Argentine Federal Fishing Council documents indicates that Chinese-owned companies in Argentina now control at least 57 industrial fishing vessels that operate under the Argentine flag and hold domestic fishing licenses. To the Coastguard's knowledge, is that figure correct? If not, is the number higher or lower?

    How many Argentine-flagged industrial fishing vessels with domestic fishing licenses are there? How many Argentine-flagged squid jiggers with domestic fishing licenses are there?

    What is the impact of growing Chinese control in the Argentine fishing industry?

    In 2016, the Coastguard sank the Lu Yan Yuan Yu 10 for illegal fishing in Argentine waters. The ship was owned by China National Fisheries Corporation. The next year, the Federal Fishing Council granted domestic fishing licenses to Zhou Yu 9 and Zhou Yu 10. Their ultimate owner is China National Fisheries Corporation. Does the Coastguard believe granting licenses to those vessels was consistent with its effort to combat illegal fishing? What impact does that have on its efforts?

    In early 2020, Luis Antonio Ortiz – an engineer working on the Lu Qing Yuan Yu 280 – submitted a complaint to the Coastguard alleging that the vessel had engaged in fish dumping, had broken safety requirements by cutting power to its freezer, and forced its employees to unlawfully work several 24-hour shifts. He then alleged that he had been threatened and offered bribes to conceal these breaches. What steps did the Coastguard take after receiving his complaint? What penalties, if any, were applied to the Lu Qing Yuan Yu 280? Does the Coastguard believe his allegations were accurate or true?"

    Argentina's Coast Guard service replied: "Question: How significant is the problem of illegal fishing by foreign fishing vessels within Argentine waters? How frequently did such vessels cross into Argentine waters in 2022 and 2023?

    To answer this question, we must first make a clarification. The problem with the foreign fleet fishing in the adjacent area is not due to the illegal entry of its vessels into Argentina's EEZ, since these are scarce or even non-existent in certain periods. The damage to Argentine interests in the sea and its resources is caused by the presence and operation of this fleet on the high seas, close to the outer limit of the EEZ, capturing, without any type of maximum catch, management or control plan, trans-zonal species of our Exclusive Economic Zone. The same species that our national fleets capture, affecting not only the resource and the ecosystem, but also the economy of national fishing companies.

    In addition to permanent maritime and air patrols of this border, the Prefecture has the Coast Guard System, a modern platform for monitoring and police follow-up of activities at sea and rivers, which has the capacity to detect non-collaborative vessels, that is, those that turn off their automatic positioning systems (AIS), which means that control of this border reaches high safety standards.

    If, as a researcher, you use monitoring platforms that employ Marine Regions mapping databases (such as Global Fishing Watch), be aware that they contain unofficial and therefore erroneous limits of Argentine maritime spaces, extending our country's EEZ up to 4.5 nautical miles to the east. This generates the visualization of false illegal intrusions into it, affecting the scientific rigor that all research requires.

    Question: A review of Argentine Federal Fishing Council documents indicates that Chinese-owned companies in Argentina now control at least 57 industrial fishing vessels that operate under the Argentine flag and hold domestic fishing licenses. To the Coastguard's knowledge, is that figure correct? If not, is the number higher or lower?

    The Argentine Naval Prefecture is not the national body with direct jurisdiction to answer this question. The information related to the number of foreign fishing vessels operating under the Argentine flag and with a national fishing license is a matter inherent to the Enforcement Authority, which in this particular context it is the Undersecretariat of Fisheries and Aquaculture (SSPyA).

    Question: How many Argentine-flagged industrial fishing vessels with domestic fishing licenses are there? How many Argentine-flagged squid jiggers with domestic fishing licenses are there?

    Currently, and according to data provided by the SSPyA, our country has an active fleet of 438 fishing vessels with a valid fishing permit, of which 80 carry out capture tasks aimed at the Illex Squid specie (jigger).

    Question: What is the impact of growing Chinese control in the Argentine fishing industry?

    The Argentine Naval Prefecture, as the national authority with police powers to enforce the law at sea (maritime crime), is not the national body with jurisdiction to answer this question. We can only clarify that when ships from a foreign company are incorporated under the Argentine flag (whether from China, Spain or any other country), they are automatically governed by national regulations in their entirety, both in matters of fishing and safety of navigation and the environment, labor regime on board, taxes, etc.

    Question: In 2016, the Coastguard sank the Lu Yan Yuan Yu 10 for illegal fishing in Argentine waters. The ship was owned by China National Fisheries Corporation. The next year, the Federal Fishing Council granted domestic fishing licenses to Zhou Yu 9 and Zhou Yu 10. Their ultimate owner is China National Fisheries Corporation. Does the Coastguard believe granting licenses to those vessels was consistent with its effort to combat illegal fishing? What impact does that have on its efforts?

    As previously answered, the granting of Fishing Licenses to a vessel is the prerogative of the SSPyA, so it would be appropriate to redirect this question to the Enforcement Authority.

    Question: In early 2020, Luis Antonio Ortiz – an engineer working on the Lu Qing Yuan Yu 280 – submitted a complaint to the Coastguard alleging that the vessel had engaged in fish dumping, had broken safety requirements by cutting power to its freezer, and forced its employees to unlawfully work several 24-hour shifts. He then alleged that he had been threatened and offered bribes to conceal these breaches. What steps did the Coastguard take after receiving his complaint? What penalties, if any, were applied to the Lu Qing Yuan Yu 280? Does the Coastguard believe his allegations were accurate or true?

    Following the complaint dated February 8, 2020, filed by the Senior Naval Engineer of the M.M.N. (National Merchant Navy) (L.E. 168,715) Luis Antonio Ortiz Chief Engineer of the aforementioned vessel, the complainant reports that during the tide between January 7, 2020, and February 7, 2020), discards and waste (squid) were thrown into the sea. The Mar del Plata Prefecture proceeded to initiate summary proceedings against the Fishing Captain of the M.M.N. (L.E.126.336) Esteban Antonio Barrera Capitan B/P Lu Qing Yuan Yu 280 (MAT. 03141) AV/CONDUCT and to the “Empresa Armadora B/P Lu Qing Yuan Yu 280 (MAT. 03141) AV/Alleged Infringement Federal Fishing Regime - Law 24,922”. Both are currently undergoing investigation."

    Future correspondence will be added here as this conversation continues.