IOTC-2010-S14-Inf02[E] Update on Vandalism/Negligent Destruction of Moored Data Buoys and Actions by the International Community Last year, at the 13th Session of the Indian Ocean Tuna Commission (IOTC), the United States raised the issue of vandalism and negligent destruction of data buoys. This is a matter of concern not only for nations that operate data buoys, but all nations that benefit from the products and services derived from these systems. About 10% of buoy data worldwide is lost due to vandalism according to the World Meteorological organization (WMO) and the NOAA National Buoy Data Center (NBDC). In the Indian Ocean, where NOAA works with other nations on tsunami warnings, the data loss exceeds 50%, and the current situation seriously undermines the functionality of the Indian Ocean tsunami warning system. Other data losses compromise services such as weather and marine forecasts and modeling, sea surface and sub-sea surface temperature information used by fisheries managers, and drift/current modeling used in search and rescue operations. Through satellite tracking of buoy movement patterns, the NDBC has sufficient data to conclude that the buoys are damaged both deliberately and inadvertently in the course of certain fishing operations. Any contact with a buoy or its mooring can damage the sensitive oceanographic instruments located on the mooring line or destroy the communication systems, so it is essential that they are not disturbed. Governments and multilateral organizations have attempted to address this problem by sensitizing fishing communities to the existence, application and importance of these data buoys, through both direct discussions and the distribution of multi-lingual brochures. These efforts are ongoing, but have resulted in limited success. In 2009, the international community took additional steps in a number of fora that recognize this growing problem. At the June 2009 meeting of the Intergovernmental Oceanographic Commission (IOC), there was broad agreement that vandalism is a serious problem and strong support was expressed that further action is needed to address this long standing problem. In the adopted “tsunami resolution,” the Assembly requested the IOC Executive Secretary to “raise the issue of vandalism of tsunameters and other ocean observing platforms with the UN General Assembly and requested that vandalism be included as an agenda item for discussion of ocean issues within an appropriate mechanism or body.” The issue was also recognized at the 2009 session of the UN General Assembly (UNGA) in the context of the negotiations on the annual resolution on Oceans and Law of the Sea (A/RES/64/71), and again during the UNGA negotiations on the annual resolution on fisheries (A/RES/64/72). The relevant parts of the UNGA resolution on fisheries reads as follows: Page 1 of 4 Preamble… Acknowledging the importance of ocean data buoy systems moored in areas beyond national jurisdiction to sustainable development, promoting safety at sea, and limiting human vulnerability to natural disasters, due to their use in weather and marine forecasts, fisheries management, tsunami forecasts, and climate prediction; and expressing concern that most damage to ocean data buoys, such as moored buoys and tsunameters, frequently results from actions taken by some fishing operations, which renders the ocean data buoys inoperable, Operative… 109. Calls upon States and regional fisheries management organizations or arrangements, working in cooperation with other relevant organizations, including the Food and Agriculture Organization of the United Nations, the Intergovernmental Oceanographic Commission, and the World Meteorological Organization, to adopt, as appropriate, measures to protect ocean data buoy systems moored in areas beyond national jurisdiction from actions that impair their operation; In response to these calls for action, in December 2009, the Western and Central Pacific Fisheries Commission adopted a conservation and management measure proposed by the United States which prohibits fishing on data buoys (Appendix 1). The United States encourages the Parties to IOTC to consider adopting a similar measure for the protection of data buoys within the IOTC area of competence. The United States is not a Party to IOTC, and as such is not in a position to propose a measure. However, given the shared interests in the products and services derived from these systems and the importance of the tsunami warning system to the coastal states in the region, it is our hope that one or more Parties will propose a measure for consideration by the Commission at its 15th Session in 2011. In the interim, the United States notes that the Data Buoy Cooperation Panel (DBCP), a joint international organization under the auspices of the World Meteorological Organization (WMO) and the Intergovernmental Oceanographic Commission (IOC), will hold the Western Indian Ocean Capacity Building Workshop 19-23 April in Cape Town, hosted by the South Africa Weather Service. The principal goal of this workshop is to demonstrate the socioeconomic applications of new data sets from a recently installed moored data buoy system in the western Indian Ocean, but will also include a presentation on vandalism to data buoys, and recent international efforts to address this problem. Nations in the region that have been invited to participate in the workshop include Comoros, India, Kenya, La Reunion, Madagascar, Mauritius, Seychelles, Tanzania, and South Africa. We encourage delegates to share this information with your colleagues in your government’s meteorological and oceanographic agencies. Page 2 of 4 Appendix 1 The Western and Central Pacific Fisheries Commission Conservation and Management Measure on Prohibition on Fishing Around Data Buoys (2009) Aware that many nations, including Commission Members, operate and deploy data buoys throughout the Convention Area and oceans worldwide to gather information used to make improved weather and marine forecasts, provide assistance to fisheries by generating data on sea surface temperatures and subsurface measurements, provide assistance to search and rescue efforts at sea, and collect critical data used to conduct research on meteorological and oceanographic topics and climate prediction; Knowing that highly migratory species, in particular tuna species, aggregate in the vicinity of data buoys. Noting that a reduction of fishing around data buoys may assist the Commission in its efforts to reduce the mortality of juvenile bigeye and yellowfin tunas; Recognizing that the World Meteorological Organization and the Intergovernmental Oceanographic Commission have determined that vandalism and damage to data buoys by fishing vessels are significant problems in the Pacific Ocean and worldwide; Concerned that vandalism or damage to data buoys results in significant loss of data critical to weather forecasting, to the study of marine conditions, to tsunami warnings, to support for search and rescue efforts at sea, and that Commission Members expend considerable time and resources to locate, replace and repair data buoys damaged or lost by fishing methods or vandalism; Noting that information about the description, type and location of several data buoy programs is publicly available through the Internet; Further noting the mandate given to the Commission to adopt generally recommended international minimum standards for the responsible conduct of fishing operations; Adopts the following conservation and management measure in accordance with Article 10 of the Convention: 1. CCMs shall prohibit their fishing vessels from fishing within one nautical mile of or interacting with a data buoy in the high seas of the Convention Area, which includes, but is not limited to, encircling the buoy with fishing gear; tying up to or attaching the vessel, or any fishing gear, part or portion of the vessel, to a data buoy or its mooring; or cutting a data buoy anchor line. 2. For the purposes of this measure, data buoys are defined as floating devices, either drifting or anchored, that are deployed by governmental or recognized scientific organizations or entities for the purpose of electronically collecting and measuring environmental data, and not for the purpose of fishing activities. Page 3 of 4 3. CCMs shall prohibit their fishing vessels from taking on board a data buoy unless specifically authorized or requested to do so by the Member or owner responsible for that buoy. 4. CCMs shall encourage their fishing vessels operating in the Convention Area to keep watch for moored data buoys at sea and to take all reasonable measures to avoid fishing gear entanglement or directly interacting in any way with those data buoys. 5. CCMs shall require their fishing vessels that become entangled with a data buoy to remove the entangled fishing gear with as little damage to the data buoy as possible. CCMs are encouraged to require their fishing vessels to report to them all entanglements and provide the date, location and nature of the entanglement, along with any identifying information contained on the data buoy. CCMs shall notify the Secretariat of all such reports. 6. Fishing activities inconsistent with paragraphs 1 and 2 above shall be deemed fishing activities that undermine the WCPF Convention and WCPFC conservation and management measures and shall constitute a serious violation in accordance with Article 25 of the Convention. 7. Notwithstanding paragraph 1, scientific research programs notified to and authorized by the Commission may operate fishing vessels within one nautical mile of a data buoy so long as they do not interact with those data buoys as described in paragraph 1. Page 4 of 4