US embassy cable - 04ABUJA2101

UNCLAS SECTION 01 OF 03 ABUJA 002101 
 
SIPDIS 
 
SENSITIVE BUT UNCLASSIFIED 
 
USDOC FOR NATIONAL MARINE FISHERIES SERVICE 
 
E.O. 12958: N/A 
TAGS: EFIS, ETRD, NI, OES 
SUBJECT: GON OFFICIAL REPORTS SLOW PROGRESS IN IMPLEMENTING 
TURTLE-EXCLUDER DEVICES, ADOPTING RELATED LEGISLATION 
 
REF:  ABUJA 001861 
 
1.(U) Summary.  On December 14, Economic Officer and 
Economic Specialist met with GON Director of Fisheries G.N. 
Shimang.  Their talks focused on whether Nigeria had made 
sufficient progress in implementing U.S. turtle-excluder- 
device (TED) regulations to warrant a visit by U.S. 
compliance inspectors.  These regulations are designed to 
protect "innocent" marine species, while not jeopardizing 
the viability of the commercial fishing industry.  After 
some discussion, Shimang said it would be premature for the 
USG to send its inspectors to Nigeria.  Economic Officer and 
Economic Specialist agreed with Shimang's assessment.  End 
summary. 
 
2.(U) On December 14, Economic Officer and Economic 
Specialist met with GON Director of Fisheries G.N. Shimang. 
Their talks focused on whether Nigeria has made sufficient 
progress in implementing recent U.S. turtle-excluder-device 
(TED) regulations to warrant a visit by U.S. compliance 
inspectors.  These TED regulations are designed to protect 
"innocent" marine species, while not disproportionately 
affecting the livelihood of commercial fishermen. 
 
3.(U) Shimang disclosed that Nigeria has not implemented the 
new TED regulations and does not know how effective they 
might be.  Nigeria has not done so because it lacks adequate 
knowledge of the region's marine resources, specifically sea 
turtles, to ascertain whether TEDs have had a positive or 
negative effect on either commercial catches or "innocent" 
marine life. Shimang explained that three things are 
necessary for Nigeria to make significant progress in 
complying with TED implementation: (1) a survey of the 
nation's marine resources; (2) an analysis of the resulting 
data to determine whether the GON's buying or operating a 
marine patrol vessel is justified; and (3) the provision of 
additional training to Nigerian industrial fishermen to 
convince them of the need to comply with TED regulations. 
Concerning the last point, Shimang said the best way to do 
so would be through a "practical approach" demonstrating to 
commercial fishermen that TEDs will not do them significant 
economic harm. 
 
4.(U) Shimang said Nigerian industrial fisherman lack data 
on the presence of sea turtles and do not believe there is a 
need to protect these creatures.  Nigerian commercial 
fishermen nonetheless agreed to comply with TED measures, 
but intermittent GON inspections have found they do not 
comply.  In addition, Shimang noted that the government's 
research institute, the Nigerian Institute for Oceanography 
and Marine Research, does not possess a seaworthy vessel and 
has not been able to carry out a scientific marine survey of 
its own.  The fisheries director also said he earlier 
proposed that the Economic Community of West African States 
(ECOWAS) survey the marine resources of the Gulf of Guinea, 
but ECOWAS has not done so. 
 
5. (SBU) TEDs in Nigeria "don't appear to be working," 
Shimang observed: Nigerian fishermen claim the use of TEDs - 
- size unspecified -- results in trawlers' loss of up to 45 
percent of large fish.  In addition, while commercial 
fishermen assert TEDs are not working and harm their 
livelihood, many Nigerian fishing companies are offloading a 
large percentage of their take at sea, then reporting low 
catches.  This, Shimang said, occurs because Nigerian 
companies do not pay salaries either to fishing captains or 
their crewmembers, both of whom finance themselves through 
their catches. Shimang said Nigeria would be willing to 
accept U.S. inspectors at landings of fish and at the 
hanging of nets, but added that these inspectors should act 
more as instructors than as monitors. 
 
6. (SBU) Shimang reiterated that Nigerian fishermen must be 
persuaded that it would be in their interest to employ TEDs. 
Toward this end, he would like to choose three or four 
leading Nigerian fishing companies to implement TEDs fully. 
He predicted that if these companies were to implement TED 
measures correctly and their fishing catches were not unduly 
affected, this would convince other Nigerian fishing 
companies to follow suit.  But, Shimang noted, the GON's 
Department of Fisheries does not have enough resources to 
carry out training and education even within the department 
itself.  Evidence of this, he said, is that his department 
has received no funding -- presumably, except for salaries - 
- for the past three years, including for 2004. 
 
7. (U)  Shimang expects his department to receive 295 
million naira (about USD 2.27 million) in 2005.  About 150 
million naira of this will be to buy a patrol boat, and the 
remainder to improve Nigeria's three, government-owned 
fishing terminals in Lagos, Opobo, and Warri where fishing 
boats are outfitted and fish processed. He said the GON will 
spend about 145 million naira (USD 1.1 million) in 2005 on 
these terminals.  Shimang added that the GON is seeking 
private-sector management agents for the terminals; they 
would pay an annual rental fee to the government and manage 
the facilities for a profit.  Shimang also said that the 
government plans to privatize these terminals.  Private 
sector firms might hold 51 percent of the equity; the GON 
and the state governments would share the remaining 49 
percent.  These fishing terminals, Shimang said, would have 
to be in good operating condition before the federal 
government could privatize them.  This means, according to 
Shimang, that the GON either would have to provide funds to 
renovate the terminals, or investors would have to be 
permitted to deduct the cost of necessary repairs from their 
eventual purchase price.  Shimang said the estimated cost in 
2000 to repair the three terminals was 350 million naira 
(USD 2.7 million) and that this figure might now be higher. 
 
8. (U) Shimang also said the GON is prepared to build a 
fourth fishing terminal to be owned similarly by private 
investors, the federal government, and the state government 
in Lagos next year.  Nigeria needs another terminal in 
Lagos, Shimang explained, because 80 percent of this year's 
catch has been processed in Lagos.  Shimang pointed out, 
however, that this landing and processing of the nation's 
fish catch could be moved away from Lagos if Nigeria were to 
improve its road network.  At present, he said, it takes 
nine to 10 hours to transport fish by road from Lagos to 
Abuja -- about 475 miles. 
 
9. (SBU) Shimang said the most helpful training the USG 
could offer Nigeria would be a curriculum on TEDs, which 
then could be taught at the Nigerian Institute for 
Oceanography and Marine Research.  He said this course could 
be updated every three months for personnel of Nigerian 
trawlers, which are licensed by the GON minister of 
transportation.  Shimang also said he favors the USG's 
providing an additional round of TED-implementation training 
before the United States sends inspectors to Nigeria.  He 
proposed that the USG carry out TED-implementation 
inspections in Nigeria once a year for five years, with 
continued compliance training also taking place in Nigeria. 
After hearing Shimang's exposition, the Economic Officer and 
the Economic Specialist agreed with Shimang's assessment it 
would be premature for the USG to send its inspectors to 
Nigeria in the near future. 
 
10. (SBU) During these talks, Shimang was not specific about 
the progress Nigeria is making in updating its legislation 
to reflect the new U.S. legislation requiring the adoption 
of larger, 71-inch TEDs or double-cover escape openings.  In 
a follow-up conversation, Shimang said that related Nigerian 
laws are winding their way through the National Assembly's 
legislative process.  Because Nigeria also needs legal 
instruments with which to prosecute TED offenders, the GON 
has not yet prosecuted anyone for TED violations.  Shimang 
professed confidence that Nigeria will adopt TED legislation 
in 2005, but was not willing to predict how soon this 
legislation might be passed. 
 
11. (SBU) Begin comment.  Fisheries Director Shimang appears 
to be sincere in his desire that the Nigerian fishery 
industry comply with U.S. TED regulations.  He has been 
handicapped in his efforts by a lack of GON funding, as well 
as by a lack of GON bureaucratic capability and follow- 
through.  Shimang, whose office and department are located 
in Abuja, suffers from his department's Fisheries Resources 
Monitoring, Control, and Surveillance Unit being located in 
Lagos. 
 
12. (SBU) Comment, continued.  The GON appears to have lost 
its momentum in moving toward compliance with U.S. TED 
regulations since November 2003 when the U.S. National 
Oceanic and Atmospheric Administration (NOAA) provided wide- 
ranging training in Nigeria to the GON Department of 
Fisheries as well as to Nigerian fishing firms.  NOAA then 
provided this training to industry representatives and 
fishermen, and its efforts included classroom sessions and 
on-board TED inspection training for a group of TED 
inspectors.  Nigeria likely will make no significant 
progress toward TED compliance until the National Assembly 
passes corresponding legislation, and until the GON employs 
the appropriate legal instruments with which to prosecute 
TED offenders.  End comment. 
 
FUREY