Falklands : Chief Executive Sets the Record Straight About the Holdberg
Submitted by Falkland Islands News Network (Juanita Brock) 04.12.2006 (Article Archived on 18.12.2006)

Chris Simpkins has told Councillor Summers why the Holdberg was fishing at Port Purvis.

M E M O R A N D U M
Yr Ref: Our Ref:	LEGCO/7/1 GSO/35/1	Date:	30 November 2006
From:	Chief Executive	To:	Clerk of Councils

Legislative Council : Question for Written Answer No 01/2006

by the Honourable Mike Summers

Question No 01/06 by the Honourable Mike Summers

Would the Chief Executive investigate and advise:

a)       who gave permission for the Holberg to trawl for scallops in Port Purvis, which is an almost entirely enclosed pristine internal waterway with significant amounts of wildlife;

b)       was this matter ever referred to the Fisheries Advisory Committee, and if so what was their recommendation;

c)       how could such activity ever be contemplated without an environmental impact assessment;

d)       what other pristine areas within the 3-mile limit have been trawled by this vessel and with what effect.

Reply by the Chief Executive

I am grateful for the opportunity which these questions provide to, as well as addressing the specific issues, respond more generally in relation to FIG’s response to the grounding of the Holberg in Port Purvis at around 0930 on Sunday 5 November 2006.  I am grateful for the advice received from the Director of Fisheries and the Principal Crown Counsel to enable me to provide these replies and comments.

Quite apart from the understandable public concern raised by the presence of the Holberg in Port Purvis, and its subsequent grounding leading to the escape of fuels, it is fortunate that all present onboard, including an FIG Fisheries Observer, escaped from the vessel unharmed.

My responses to the specific questions are as follows:

a)      who gave permission for the Holberg to trawl for scallops in Port Purvis, which is an almost entirely enclosed pristine internal waterway with significant amounts of wildlife;

The Holberg was undertaking fishing operations in accordance with the provisions of a fishing licence issued by the Director of Fisheries using the powers available to him in the Fisheries (Conservation and Management) Ordinance 2005.   The licence was generally intended for offshore operations although, as part of the exploratory programme,  trawls were permitted within 3 miles with the consent of FIG’s representative on board ie the Observer.  Such consent to enter Port Purvis to fish was granted by the Observer following consultation with the Director of Fisheries.

b)      was this matter ever referred to the Fisheries Advisory Committee, and if so what was their recommendation;

The issue of exploratory scallop fishing was considered by the Fisheries Committee on a number of occasions.  In particular the issue was considered in September 2004.    Whilst Port Purvis was not specifically considered, operations in coastal or near shore areas were discussed.   On the basis of information presented to the Fisheries Committee the exploratory fishery was supported although, as indicated, Port Purvis was not specifically mentioned at meetings of the Committee.  Certain other areas, for example the Beauchene Island area were excluded.   Fishing plans were drawn up on the basis of where scallops were likely to be found.   This relied on the skipper’s experience, reports from other vessels, and local information.

c)      how could such activity ever be contemplated without an Environmental Impact Assessment;

There is no requirement for an Environmental Impact Assessment to be made and approved before granting a licence.  However, in granting a licence, the Director of Fisheries is required by the Ordinance to have regard to a number of factors including environmental issues.

The issue of potential impact was raised in the Fisheries Committee.   A number of factors were taken into account in reaching the conclusion that the operation would have a limited or acceptable impact.   These included:

i)          the trawls operated by the vessel are relatively small; the area covered during exploratory fishing is low compared to the total area.

ii)         tows are of short duration, typically 10 minutes or less.

iii)        operations are generally conducted on smooth sandy or muddy bottoms where diversity of habitats is low.

iv)        an observer was present throughout, if harmful or unforeseen impacts were observed through examination of  the contents of the net, then the operation could have been stopped quickly.

v)         any interaction with seabirds or marine mammals was to be reported.

The assessment did not extend to considering the likelihood of the vessel grounding.

d)      what other pristine areas within the 3 mile limit have been trawled by this vessel with what effect ?

Other inshore areas which have included some trawls within 3 miles have included Queen Charlotte Bay, the north coast of West Falkland, and the southern part of Falkland Sound.  One trawl appears to have occurred at the edge of the 3 mile zone around Beauchene Island.    As already indicated the impact in terms of extent of area trawled, and the results of those trawls is assessed as being minor.    Scallops were found in some of the areas and some work was done to assess biomass.   Such areas could be classed as pristine or relatively pristine although fishing and fishing surveys have taken place in some areas.   The Fortoser inshore fisheries survey covered much of the Falklands, albeit mainly with pots, although with some trawling, as part of an assessment of the potential for inshore fisheries.

I will now take the opportunity, in brief terms, to comment upon the action which has been taken by officials to try to secure the recovery of the Holberg and removal of the pollution threat.  The leaking fuel is marine gas oil which is light in nature and readily disperses naturally.  The use of detergents to disperse the oil sheen (it is not a slick) would do more harm than good and the deployment of booms would be ineffective.

There is a misconception that FIG has the power to enter upon stricken vessels to do whatever it feels is necessary.  That is not the case and, in fact, the powers available are really quite limited.  The Governor can direct that action be taken if a shipping accident results in pollution, or a risk of pollution, on a large scale and the need for action is urgent.  Such directions can be given to the owner, master or other person in possession of the ship for the purpose of preventing or reducing oil pollution, or the risk of oil pollution.  There is no power for FIG to enter upon a vessel, carry out work and recover costs.  Pollution in this case is not large scale. 

Powers are also available in the Oil in Territorial Waters Ordinance 1960.  This creates certain criminal offences where oil is discharged, or allowed to escape, into Falklands waters.  The definition of oil in this ordinance is wide and includes marine gas oil.  There are several defences available under the Ordinance but they require the master or owner to take all reasonable steps as soon as practicable after the damage or leakage is discovered, to stop or reduce the escape/leakage of the oil.  The maximum fine for the relevant offences is £100,000.  The possibility of a prosecution under this Ordinance is being examined. 

The Fisheries Department have been in constant contact with the owners of the vessel in an effort to secure details of their plans.  Some work to stem the flow of marine gas oil from the vessel has been carried out successfully by contractors employed by the owners of the vessel.  Regular monitoring is taking place using FIGAS.  It is understood that a vessel has been chartered and is currently on its way to the Falklands from Montevideo with a view to at least removing the pollutants.  Any operation will be monitored by the Fisheries Department and options to secure the removal of the vessel are being examined.  Once a final outcome has been achieved, a review will be undertaken to identify any lessons that need to be learnt, including the possibility of strengthening legal powers.

Finally, reports of pilferage from the vessel have been received.  These have been referred to the RFIP.

Chief Executive

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