News
Txori Argi bank guarantee not honoured
MAPUTO- Spanish flagged fishing vessel Txori Argi, released from a charge of fishing in Mozambique’s waters without a license. According to UNCLOS, the vessel was released through a bank guarantee of US$1.2 million from Spanish Bank BBVA. Txori Argi has now not only appealed the charges, but the Spanish Bank BBVA has not yet honoured the Bank Guarantee to be released to Mozambique fisheries on 30 March 2012.
On 12 March 2012, the Txori Argi was noted well inside Mozambique’s fisheries waters and its track indicated activities which have been noted in the past as fishing. The Master was directed to report immediately to Nacala port in northern Mozambique. After a delay of a few days and the vessel return to Madagascar’s waters, the Txori Argi entered Nacala Port for its pre-fishing briefing and port inspection prior to receiving its fishing license. The suspicions of entering Mozambique’s waters with proper notification and fishing without a license were confirmed. The vessel had approximately 1200mt of tuna and tuna-like fish onboard valued in excess of US$2.5 million. The Mozambican Minister of Fisheries, Victor Borges, levied an administrative sanction equivalent to US$1.2 million for the offences. The Ministry of Fisheries accepted a bank guarantee for the above amount from a Spanish Bank BBVA following the UNCLOS which prompted the release of the vessel, but it still did not have permission to fish in Mozambique’s waters.
Immediately on release of the vessel, the Txori Argi owners (INPESCA) and the Spanish Purse Seine Association, ANABAC, the latter being the organization that negotiated the release of the vessel, stated that they had no intention of accepting the sanction and would appeal the case. Mozambique, awaited the end of March payment of the fine and then attempted to encash the Bank Guarantee, but, the Spanish Bank BBVA did not honour its bank guarantee in this case despite the fact that there is no legal condition for such action.
The case remains open, the Bank Guarantee for US1.2 million remains unpaid and is not able to be encashed and the vessel remains at large in the Indian Ocean. Mozambique has given notice to the Indian Ocean Tuna Commission (IOTC) that it intends to list the Txori Argi on the IOTC IUU Vessel list at the next annual meeting in April 2013. Mozambique has also refused the applications for two other licenses for INPESCA vessels and suspended a third license for a sister ship, Txori Aundi, of INPESCA until the matter is fully resolved.
Of considerable importance and disappointment is the action of the Spanish Bank BBVA in not honouring its own Bank Guarantee. This will have considerable impacts on future relations and actions with fishing companies and developing States regarding release of any vessels alleged to have committed infractions.
This information was supplied to SIF by the Directorate of Fisheries Law Enforcement, Ministry of Fisheries, Republic of Mozambique.
The story was originally reported here in full: http://www.stopillegalfishing.com/sifnews_article.php?ID=83