Diplomatic dispute over high seas fishing: Chinese fleets threaten marine life near the Galapagos Islands

In mid-July of this year, the Ecuadorian navy identified the presence of at least 260 industrial fishing vessels in a "corridor" of international waters, which divides the Exclusive Economic Zone (ZEE) of continental Ecuador and the Galapagos reserve. The boats that surround the marine reserve fly, for the most part, Chinese flags; but also Panamanians and Liberians. The fleet is not limited to fishing vessels, but there are also cargo ships, and factory ships, where fish resources are processed for sale. Among them are several vessels that have already been associated with illegal, unreported and unregulated (IUU) fishing [1].

Birds fly over fishing and tourist boats in the bay of San Cristóbal, Galapagos, May 2020, Adrian Vasquez / AP. Image retrieved from RT.

The Galapagos Islands have been declared a biosphere reserve, as well as a world heritage site by UNESCO; They are the habitat of hundreds of endemic species and many others threatened or in danger of extinction. Some of these species are protected by legal instruments widely accepted by the international community, such as the United Nations Convention on the Law of the Sea (UNCLOS), the Convention on Biological Diversity (CBD), and by various Organizations Regional Fisheries Management Organizations (RFMOs). Artisanal and medium-height fishing are allowed in some areas of the exclusive reserve. Lobster, some species of sharks and tuna are an important source of income for the local population [2]. The biological diversity that can be found on the islands inspired Charles Darwin to make his theory on the evolution of species.

Location of foreign fishing fleet between the ZEE of Galapagos and the ZEE of continental Ecuador. Image retrieved from librazon.org.

According to records from the NGO Global Fishing Watch, which tracks fishing vessels by satellite; Chinese fishing vessels come from the south, mainly from international waters that are close to the Peruvian EEZ. They arrived at the high seas corridor that divides the Ecuadorian EEZ during May; and during June and August they stayed just outside the reserve, moving slowly to the west.

The legal gaps in the international fishing regime in international waters

Eventually, in mid-August, about 340 ships under the Chinese flag, or ships of convenience [3] were in that place. In fact, it is not the first time that this has happened; According to Luis Gallegos, Ecuador's Minister of Foreign Relations, this problem has been going on for at least twelve years. This fact represents a threat of overfishing and marine biodiversity. However, technically, this practice is not considered illegal, since it happens in international waters, outside the limits of national jurisdiction; there are no clear policies for management or ownership of fishing resources. Although there are some RFMOs that regulate the landing of certain vessels that fish on the high seas and that are members of them.

Many IUU fishing practices carried out by Chinese trawlers have been registered by Ecuadorian authorities, by artisanal fishermen, and ecotourism guides who live near the islands. Large refrigerated ships have been registered that collect the catch of the smaller ones, so that the latter can continue fishing without returning to port. It has also been detected that several of these vessels disappear from the map for hours, as they turn off the "blue box" of the Automatic Identification System, which is an information system that issues the location of the vessel and data captured on board.

The predatory behavior of the fishing boats that establish themselves on the margins of the reserve is a serious problem, since the confluence of the warm El Niño current, the cold Humboldt current and the Equatorial current; it causes the concentration of nutrients that attracts migratory marine species. The Reserve is a breeding, feeding and repopulation area in the Eastern Pacific Ocean. The fishing boats take advantage of what comes out of it, a phenomenon known as the effect "spillage" [4].

Map showing some migratory routes of marine species. Image retrieved from mission-blue.org

In mid-July of this year, the Ecuadorian navy identified the presence of at least 260 industrial fishing vessels in a "corridor" of international waters, which divides the Exclusive Economic Zone (ZEE) of continental Ecuador and the Galapagos reserve. The boats that surround the marine reserve fly, for the most part, Chinese flags; but also Panamanians and Liberians. The fleet is not limited to fishing vessels, but there are also cargo ships, and factory ships, where fish resources are processed for sale. Among them are several vessels that have already been associated with illegal, unreported and unregulated (IUU) fishing [1].

Birds fly over fishing and tourist boats in the bay of San Cristóbal, Galapagos, May 2020, Adrian Vasquez / AP. Image retrieved from RT.

The Galapagos Islands have been declared a biosphere reserve, as well as a world heritage site by UNESCO; They are the habitat of hundreds of endemic species and many others threatened or in danger of extinction. Some of these species are protected by legal instruments widely accepted by the international community, such as the United Nations Convention on the Law of the Sea (UNCLOS), the Convention on Biological Diversity (CBD), and by various Organizations Regional Fisheries Management Organizations ( RFMOs). Artisanal and medium-height fishing are allowed in some areas of the exclusive reserve. Lobster, some species of sharks and tuna are an important source of income for the local population [2]. The biological diversity that can be found on the islands inspired Charles Darwin to make his theory of the evolution of species.

Location of foreign fishing fleet between the ZEE of Galapagos and the ZEE of continental Ecuador. Image retrieved from librazon.org.

According to records from the NGO Global Fishing Watch, which tracks fishing vessels by satellite; Chinese fishing vessels come from the south, mainly from international waters that are close to the Peruvian EEZ. They arrived at the high seas corridor that divides the Ecuadorian EEZ during May; and during June and August they stayed just outside the reserve, moving slowly to the west.

The legal gaps in the international fishing regime in international waters

Eventually, in mid-August, about 340 ships under the Chinese flag, or ships of convenience [3] were in that place. In fact, it is not the first time that this has happened; According to Luis Gallegos, Ecuador's Minister of Foreign Relations, this problem has been going on for at least twelve years. This fact represents a threat of overfishing and marine biodiversity. However, technically, this practice is not considered illegal, since it happens in international waters, outside the limits of national jurisdiction; there are no clear policies for management or ownership of fishing resources. Although there are some RFMOs that regulate the landing of certain vessels that fish on the high seas and that are members of them.

Many IUU fishing practices carried out by Chinese trawlers have been registered by Ecuadorian authorities, by artisanal fishermen, and ecotourism guides who live near the islands. Large refrigerated ships have been registered that collect the catch of the smaller ones, so that the latter can continue fishing without returning to port. It has also been detected that several of these vessels disappear from the map for hours, as they turn off the "blue box" of the Automatic Identification System, which is an information system that issues the location of the vessel and data captured on board.

The predatory behavior of the fishing boats that establish themselves on the margins of the reserve is a serious problem, since the confluence of the warm El Niño current, the cold Humboldt current and the Equatorial current; it causes the concentration of nutrients that attracts migratory marine species. The Reserve is a breeding, feeding and repopulation area in the Eastern Pacific Ocean. The fishing boats take advantage of what comes out of it, a phenomenon known as the effect "spillage" [4].

Map showing some migratory routes of marine species. Image retrieved from mission-blue.org

Ecuador between the United States and China

The relations that Ecuador maintains with the antagonistic powers is delicate, since in both cases, the Latin American country is in a situation of frank disadvantage. Since 2018, President Lenin Moreno began to strengthen diplomatic ties with the United States, thus turning his back on his former allies, Cuba and Venezuela. In that year, Ecuador signed a Cooperation Agreement with the US, with which it allowed overflights of the high-tech US P-3 Orion aircraft to combat drug trafficking, IUU fishing, and other similar projects. The Ecuadorian authorities want the archipelago to join a security axis with the cities of Guayaquil and Manta for the fight against drugs [8].

In 2019, cooperation agreements were reached with the US, based on which Ecuador will set up logistics facilities on some islands of the archipelago. The cooperation would allow "the refueling of two aircraft monitoring illegal activities in the marine reserve." The facilities also include improving the conditions of the San Cristóbal Island airport to make it operational 24 hours a day, seven days a week. The runway will be able to receive one plane per month in determined periods and for a maximum of two or three days for refueling or emergency [9].

Cooperation with the US was not viewed favorably by many Ecuadorians, since the establishment of foreign military bases and installations for military purposes is prohibited by the constitution. Lenin Moreno stated through a tweet that it is not a foreign military base, but that the objective of aerial surveillance is to take care of the heritage of humanity, and that it would be a joint activity that would involve Peru, Chile and Colombia, " to have a regional position against this type of threat”.

https://twitter.com/Lenin/status/1140987665485090817?s=20

On the other hand, and despite the rapprochement that Ecuador has had with the US, Quito cannot afford to isolate itself from China, since Ecuador owes China $5.3 million dollars. In addition, the Chinese market is one of the largest destinations for Ecuadorian fish and shellfish exports, the second and fourth most important products of that country's exports, respectively. Quito is still trying to lift the restrictions imposed by China after finding traces of covid 19 in shrimp packaging. In addition, Ecuador was about to obtain $2.4 million in loans from China, according to the Ministry of Finance [10].

On the commercial level, it is understandable that Ecuador seeks to diversify the markets to which it exports shrimp and fish. As of 2015, shrimp production has increased 55% annually (it must be taken into account that this increase is mainly due to aquaculture; although fishing continues to be relevant in this area, since larvae, juveniles, and reproducers are obtained through it. wild). In 2017, shrimp overtook fruit as the leader in non-oil exports after 40 years of dominance. From January to October 2018, the Ecuadorian shrimp was introduced in 56 different countries. The Brazilian and South Korean markets have been gaining importance [11].

Although it is true that one of the main export destinations for Ecuadorian fish and shrimp is China (followed by Vietnam, the European Union and the US); And although China is the third largest importer of Ecuadorian products, according to 2018 figures, Ecuador's exports to China only represent 6.92% of the total. In contrast, exports to the US represent 30.88%. On the other hand, the main countries from which goods were imported into Ecuador were the US (21.77%), and China (18.91%) [12].

China's response to accusations of irresponsible fishing

On August 5, the thirteenth extraordinary assembly of the CPPS was held. The Commission called on the RFMOs of the Pacific to improve the monitoring and surveillance systems of fishing activities that take place in the region [13].

On the same day, China agreed to a direct negotiation with Ecuador on the issue of fishing near the Galapagos, through bilateral channels; and issued a statement calling for respect and enforcement of international law on fishing activities. The next day, on August 6, China's Ministry of Foreign Affairs reported that it had agreed to a ban on deep-sea fishing west of the reserve from September to November, to help protect fishery resources. The spokesman for the Chinese Foreign Ministry, Wang Wenbin, added that the measure was appreciated by Ecuador; and that the US "is not in a position to criticize other countries in maritime affairs", since it has not ratified UNCLOS, which establishes guidelines for the management of marine resources [14].

Luis Gallegos reported that "China accepts that Ecuador supervise the Chinese fishing vessels that are on the high seas." He added that Beijing asked the Ecuadorian side to let its government know if it detected any indication of illegal fishing by that fishing fleet \ [15 ]. For their part, the Chinese authorities argue that their vessels are authorized to fish, and registered with the South Pacific Regional Fisheries Management Organization (SPRFMO), in accordance with the regulations relating to the conservation and management of fisheries. They presume that the voluntary suspension of high seas fishing is an innovative measure for fishing activities in some areas of the high seas that are not yet managed by international organizations [16].

IUU fishing near the Galapagos as a trigger for a new geopolitical confrontation between China and the US.

When learning about the development of this diplomatic controversy, a key question arises: why does the Trump administration care about IUU fishing and the loss of biodiversity in Ecuador? His position of denial of global warming and other environmental problems is well known, a position that was manifested with the resignation of the Paris Treaty of 2015, to give just one example. Despite this, the main argument that Pompeo used to condemn the situation in the Galapagos was the threat to marine life; he attributed the cause of overfishing to the subsidies that commercial fishing fleet companies received from the Chinese government.

In the context of the trade war between China and the United States, it is not a novelty that the latter accuses the Xi Jinping regime of dumping practices. However, when it comes to the Galapagos, the US has other interests besides fighting dumping. San Cristóbal Island, in the archipelago, is a geostrategic position that the United States has always wanted, and that in fact it occupied for seven years, in the context of World War II. Subsequently, in 1999 a military base was installed in the Ecuadorian port of Manta, it was vacated in 2009, after a new Ecuadorian Constitution was promulgated in 2008 that prohibits foreign military bases.

The island is coveted by the US, as it allows it to monitor what happens around the Panama Canal. It is a privileged position in the fight against drug trafficking from Colombia and Venezuela by sea. Finally, for the US, it is imperative to contain Chinese influence within its area of security and influence.

For their part, Chinese fishing fleets have been repeatedly singled out for fishing unsustainably. The IUU Fishing Index is an index that measures illegal fishing, it is prepared every year since 2013 by the NGO [Global Initiative](https:// globalinitiative.net/about-us/who-we-are/). The ranking evaluates the practices of nations in this industry, and the efforts they make to keep it under international regulation. In 2019, Belgium was the highest ranked country; Chinese the worst. London-based Overseas Development Institute (ODI) researcher Miren Gutierrez stated:

“Having depleted fish stocks in domestic waters and encouraged by subsidies, China's distant-water fishing fleets have been traveling farther and farther, and its companies have been building more and more vessels to meet growing demand of products of the sea” [17]. The researcher added that this institute counted some 17,000 Chinese vessels fishing around the world. Such a fleet fishing all over the oceans has resulted in less developed coastal countries, and with less law enforcement capabilities, seeing their catches reduced, and therefore, a significant decrease in income. In Africa, South America and the island countries of Oceania this problem has been getting worse. Overfishing aside, the sheer size of the Chinese fishing fleet has sparked speculation that Beijing is using IUU fishing to de facto occupy disputed territories, especially in Asia.

About the well-being of the biosphere reserve

School of Hammerhead Sharks © Nonie Silver. Image retrieved from mission-blue.org

The rapprochement between Ecuador and the US has been a well-defined line of foreign policy since the beginning of Lenin Moreno's term in 2017. The agreements that allow the use of the archipelago as a surveillance post are one more expression of that line ; although the US has denied such agreements, and the matter has remained in the shadows since last year... Leaving geopolitical and economic interests aside, the environmental impacts on the Island of San Cristóbal would be major, both due to the expansion of the airport, as well as the planned night operations.

The former Minister of the Environment of Ecuador, Marcela Aguña, pointed out that any operation of this nature requires an environmental impact study, since noise, garbage and waste will cause an impact on the population and the species that inhabit the Islands, especially since The airport is next to the town center and a place where sea lions live, known as La Lobería. She also noted that if the site is going to be an aircraft refueling center, you need to think about how the fuel will be moved, how much, and what are the contingency plans. She also recalled that she had considered reducing the use of fossil fuels on the islands \ [18 ].

Another affectation that the terrestrial and marine ecosystems of the archipelago have suffered as a result of the activity of the Chinese fishing fleets has been the dumping of solid waste into the sea. Hundreds of plastic bottles with Chinese inscriptions lying on the beaches and floating in the sea, as well as pieces of fishing nets and various objects, have been recorded.

Although China boasts that it fishes responsibly, and although its practices near the reserve are technically not illegal, they violate the spirit of international treaties and norms that protect the reserve, since they catch migratory species just outside their territory. breeding habitat.

Some proposals to reverse this situation have emerged in the Ecuadorian legislative chambers. It has been suggested to increase the size of the marine reserve from 40 to 80 miles, but this new range would still be within the EEZ and would be useless in deterring foreign fleets. In addition to that it would reduce the space in which Ecuadorian fisheries can take advantage of the resource, and therefore catches would be reduced by 60%. The establishment of a migratory corridor between the Costa Rican and Ecuadorian EEZs has also been suggested, which would cause a favorable ecosystem impact, but would not stop the problem of foreign fishing vessels south of the archipelago [19].

In conclusion

More than two weeks into September, it was reported that the Chinese fishing fleets continued on the margins of the reserve until September 9, after which they headed south; despite the fact that the temporary closure in the Southwest Pacific (announced by China as “innovative”), was due to start at the beginning of this month.

Some analysts have pointed out that China has good faith regarding the issue of sustainable fishing, since it has recently adhered to UNCLOS and different fishing management instruments. However, after years of subsidies granted to the fishing industry by the Chinese regime, its distant fishing fleet has come to represent 40% of the world total of this type of fleets [20]. It has also been documented that the Chinese government rarely sanctions these vessels. Faced with this situation, the Xi Jinping administration has declared that its sanctions will be tougher, and its regulatory measures will be stricter.

Despite the good faith of the Chinese government, and its innovative methods of satellite location, it is extremely difficult to keep under control its huge fleet, which navigates international waters. In response to the threat of this fleet, within the World Trade Organization, the US, Ecuador and other countries are actively working to prevent unfair fishing practices by distant fleets. The negotiations have not yet come to an end.

Leaving aside the material difficulties that arise in the control of IUU fishing, it is necessary to say that the closures declared unilaterally by the Chinese government on the high seas are, in fact, an ecologically conservative measure, since the closure around the Galapagos coincides with the season in which the ecosystem of the South of the islands is less fertile.

Map showing the temporary closed areas established unilaterally by China. Retrieved from Chinadialogueocean.net

In fact, most of the vessels in this fleet target giant squid, a coveted shellfish in Asian markets, and also a highly migratory species. It is distributed in the Pacific, and prefers low temperatures. That is why the migratory cycle of the giant squid depends (mainly) on the cold Humboldt current, which comes from the south of the continent, and when it meets the warm El Niño current, turns to the West. Although this type of fishery is very unique and has low rates of bycatch, there is no guarantee that this is the only type of fishing done by the Chinese. Longline fishing is known to be practiced, but other fishing gear could also be used for multi-species purposes.

According to historical records from Global Fishing Watch, fishing fleets from international waters stay in the Southwest Pacific year-round, chasing squid from South to North, then West, and South again. Coupled with industrial fishing on the high seas, the enormous artisanal and medium-sea fishing in Peru has significantly decimated the squid catches of all fishermen in the region.

Image showing the location of the jumbo squid fisheries, off the EEZs of Peru, Ecuador and Central American countries. Retrieved from fish information and services [21].

That is why the bans imposed by China are deliberately conservative, since they do not prevent the persecution of squid. It can be assured that it is only a maneuver to clean up the image of the aforementioned fleet, in order to continue dominating a market of millions of dollars, at the expense of ecosystem well-being and global food security.