Up to now, the installation of fishing vessel monitoring equipment (VMS) across the province has been basically completed and the monitoring of fishing vessels through the system has also been vigorously deployed by the relevant agencies. Thanks to that, fishing vessels that cross the maritime boundary and lose connection to VMS for a long time are detected in time. However, the handling of violations of fishing vessels that lose connection is still facing many difficulties because it is waiting for specific instructions according to the new decree.
Promoting the effectiveness of the monitoring center
Up to now, the province has 1,942 fishing vessels in operation that have installed VMS equipment, reaching a rate of 100%, of which, the group of vessels over 24m has installed 37, the group of fishing vessels with a length from 15 to under 24m has installed 1,905. In addition, there are 11 fishing vessels that have not installed VMS equipment. Through verification at the localities, the number of these fishing vessels that have stopped operating due to damage on shore, execution of judgments, civil disputes has been listed by the Department of Fisheries for close management and supervision, with specific information on where the vessels are anchored, and phone numbers for contact when necessary.
Since the 4th inspection (October 2023) by the EC Inspection Team, Binh Thuan has had 69 fishing vessels that have lost connection for more than 6 hours and have not reported their location to shore. The Fisheries Sub-Department has directed the regional Fisheries Control Stations to coordinate with Border Guard Stations and local authorities to verify and remind the vessel owners to properly connect when operating at sea. In addition, there are 43 fishing vessels that have lost connection for 10 days and have not returned to shore as prescribed. The Fisheries Sub-Department has verified and handled 24 cases, the remaining 19 vessels are continuing to verify and handle according to regulations. Particularly for fishing vessels that have lost connection for more than 6 months or 1 year, there are 204 cases. Through review and inspection, 177 fishing vessels lost connection on shore and stopped using the service, 27 vessels lost connection at sea but returned to shore 10 days in advance.
According to the verification results of the Fisheries Control Stations in coordination with the Border Guard Station, local authorities and suppliers, the reason why fishing vessels lost connection to VMS for more than 6 months is mainly due to inactivity, not using the service, fishing vessels staying ashore, not paying fees... Most of these fishing vessels are anchored at local fishing ports and wharves and are closely monitored by the locality. Notably, from the beginning of 2023 to now, Binh Thuan has had 23 fishing vessels crossing the permitted boundary (of which, 5 cases of fishing vessels with equipment failure, 13 cases of on-duty officers directly contacted the captain to request the vessel to return to Vietnamese waters, 4 cases of contacting the captain, and working with the family of the vessel owner). In 2024, there was 1 case of a fishing vessel crossing the boundary, the on-duty officer issued a notice and requested the City IUU Steering Committee. Phan Thiet organized a meeting with the ship owner, requesting the captain of ship BTh-99398-TS to urgently return the ship to Vietnamese waters.
Need timely guidance
In order to ensure that violations in fishing activities are thoroughly handled and meet the recommendations of the European Commission, and to make efforts to remove the "Yellow Card" this year, the Government has just issued Decree No. 38/2024/ND-CP replacing Decree No. 42/2019/ND-CP dated May 16, 2019, regulating sanctions for administrative violations in the fisheries sector.
According to this decree, fishing vessels that lose connection for more than 6 hours, more than 10 days, and vessels that cross the boundary without reporting their location will be subject to penalties. However, implementation is still complicated and overlaps between laws. According to Decree 38: “Technical means and equipment must meet technical standards and regulations and have been inspected and calibrated…”. Meanwhile, Decree 135/2021/ND-CP stipulates: “Prohibited acts: Using technical means and equipment that do not meet technical standards and regulations as prescribed…”, but there is no mention of which technical means and equipment meet the standards.
Regarding this issue, Mr. Le Thanh Binh - Deputy Head of the Department of Fisheries explained: "Previously, before Decree 38, localities could handle vessels that lost VMS connection through technical equipment. However, currently the Ministry of Agriculture and Rural Development has not had detailed instructions to specify this decree, so localities are confused and have no basis to "fine" fishing vessels that violate the monitoring system". In addition to the poor quality of many VMS devices, untimely maintenance and repair, it is also difficult to determine whether the problem is caused by the device or the user when an incident occurs. Mr. Binh further explained: "According to Decree 26/2019/ND-CP, when the VMS device of a fishing vessel is broken, the captain must report the location every 6 hours and must bring the vessel back to shore within 10 days. Cases of disconnection due to technical errors, loss of satellite signals, etc. do not require reporting the position every 6 hours and returning the ship to shore. Therefore, determining that the captain violated the regulations when the VMS device lost connection not due to damage is not convincing. In particular, the number of fishing vessels losing connection for more than 6 hours a day is too large, sometimes over 100 vessels, and most of the fault is not due to the ship owner or captain but to the equipment, so it is very difficult to punish.
With the above difficulties, the Department of Agriculture and Rural Development of the province has proposed that the Ministry of Agriculture and Rural Development soon issue guidelines on the use of professional technical equipment and means to detect administrative violations in the field of fisheries. In addition, it is recommended that the Department of Fisheries organize an inspection and review to re-evaluate the quality and conformity with standards and regulations of VMS equipment and technical infrastructure of VMS service providers. Promptly direct the completion of fishing vessel monitoring software to overcome current shortcomings and limitations, especially the adjustment of anchorage ranges in coastal areas on islands and communes along the beach.
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