Replies to LegCo questions

LCQ3: Trawl ban

Following is a question by the Hon Steven Ho and a reply by the Secretary for Food and Health, Dr Ko Wing-man, in the Legislative Council today (January 9):

Question:

The subsidiary legislation which bans trawling activities in Hong Kong waters (the legislation on trawl ban) came into operation on December 31, 2012. In this connection, the Government has introduced a one-off assistance scheme for the affected fishermen, including making ex-gratia payments and providing loans through the Fisheries Development Loan Fund to them. However, quite a number of people have pointed out that the assistance scheme cannot provide concrete assistance to those affected. Moreover, although some affected owners of trawler vessels wish to apply for loans so as to switch to fishing in the mainland waters, the mainland authorities have long ago implemented "double control" policies for the floating fishing vessels of Hong Kong and Macao, which impose restrictions on the number of such vessels and their engine power. In addition, some practitioners of related trades have told me that their trades are also affected by the legislation on trawl ban. For instance, the fish farming industry can no longer obtain the supply of trash fish from trawler vessels as quality feed for mariculture, whilst fish collectors and ice-maker vessels have lost their businesses on delivering fish for trawler vessels and supplying ice to them respectively. In this connection, will the Government inform this Council:

(a) of the latest progress of the Government's disbursement of ex-gratia payments to the owners of the approximately 1 100 trawler vessels affected by the legislation on trawl ban; the criteria adopted by the Fishermen Claims Appeal Board for handling appeals relating to applications for ex-gratia payments; whether the Government has explained comprehensively to the fishermen the criteria adopted by the inter-departmental working group for vetting their applications and those adopted by the Appeal Board for handling their appeals; if so, of the details; if not, the reasons for that;

(b) of the current progress of the discussions between the Government and the relevant mainland authorities about trawlers operating in the mainland waters; and the policies and means employed to help resolve the problems concerned; if such policies or means are not available, of the reasons for that; and

(c) whether the Government has any concrete assistance measures to help practitioners of the related trades to maintain their livelihood; if it has, of the details; if not, the reasons for that?

Reply:

President,

In order to restore our damaged seabed and the depleted marine resources as early as possible and put the further development of our marine ecosystems and fisheries industry on a sustainable footing, the Government proposed and the Legislative Council (LegCo) enacted in May 2011 the relevant subsidiary legislation that clears the way for us to implement a trawl ban in Hong Kong waters (the trawl ban) with effect from December 31, 2012. The LegCo Finance Committee (FC) also approved, in June 2011, funds for an one-off assistance package to trawler vessel owners, local deckhands and fish collector owners affected by the trawl ban and other related measures. As part of the package, the disbursement of ex-gratia allowance (EGA) to affected trawler owners for loss of fishing grounds as a result of the trawl ban is nearing completion.

In carving up the EGA payable to different groups of claimants, we work to ensure that the allowance paid would be proportional to the impact of the trawl ban on them. FC has approved the payment of two types of EGA which are based on the following guiding principles and to be processed as such:

(1) For inshore trawlers which operate wholly or partly in Hong Kong waters, their owners will be most affected when the statutory trawl ban takes effect as they will lose their fishing grounds in Hong Kong waters. The EGA payable to individual inshore trawler owners will depend on the number of successful applications as well as other apportionment criteria (such as vessel type, vessel length, engine power, equipment on board, the time spent on trawling in Hong Kong waters and/or the amount of production); and

(2) Apart from the most affected inshore trawlers, there are also larger trawlers which generally do not operate in Hong Kong waters. This group of trawlers may lose the opportunity of trawling the fishing grounds in Hong Kong water on their return journeys. Relatively speaking, the impact of the trawl ban on these larger trawlers is far less than that facing the inshore trawlers. Having taken into account the need to maintain relativity with inshore trawlers which will be affected most, FC approved that a lump sum EGA of $150,000 should be paid to each larger trawler, if the relevant application is successful.

My reply to the question is as follows:

(a) Upon its establishment in August 2011, the inter-departmental working group (IWG) started forthwith its work relating to the applications for EGA. Guided by the FC Paper pertaining to the assistance package, the IWG mapped out the eligibility criteria and other relevant requirements that EGA applicants have to meet. These criteria and requirements had been clearly set out in the Guidance Notes for Registration that were distributed to applicants. The IWG went about processing each application in accordance with the established procedures, on the basis of the information furnished by the applicant and other data relating to the application, including details of vessel inspection on the date of registration and information obtained from other departments/organisations.

After making its initial decisions, the IWG wrote to each individual applicant, stating clearly the information and relevant justifications that the IWG had taken into consideration. Should the applicants have any objection to the initial decisions, they may submit further justifications or representations. The IWG made its final decisions after considering the further justifications furnished by the applicants, if any. At present, the IWG has largely completed its assessment of the applications for EGA. The IWG has informed eligible applicants of the results and the amount of EGA payable to them. Some eligible applicants have already received the EGA.

Should an applicant be aggrieved by the formal decision of the IWG, the applicant may lodge an appeal with the Fishermen Claims Appeal Board (FCAB) within one month. The Government set up an FCAB on November 5, 2012 for processing the appeals. The annex gives its terms of reference. The FCAB is made up of a non-official chairman and four non-official members. Its tenure of office will last until work on all the appeal cases has been completed. The secretariat of the FCAB is attached to the Food and Health Bureau.

(b) The policy of the Mainland Government to control the growth in the number and total engine power of capture vessels operating in Mainland waters (the "double control policy") has been in place for some years. The policy applies to Mainland-based fishing vessels as well as "mobile fishing vessels" in Hong Kong/Macao. The Agriculture, Fisheries and Conservation Department (AFCD) has been liaising closely with the Mainland Government. We have conveyed to them the concerns expressed by Hong Kong fishermen about the policy, and made arrangements for representatives of relevant Mainland authorities to meet with local fishermen in Hong Kong and brief them on the related policy requirements. AFCD paid a visit to the Hong Kong and Macao Floating Fishermen's Business Office of Guangdong Province with our fishermen representatives on December 12, 2012 for an exchange of views with Mainland authorities on matters related to mobile fishing vessels.

At present, most Hong Kong trawlers have already obtained capture permits issued by the Mainland Government to operate in Mainland waters from time to time. AFCD is given to understand that the Mainland allows owners of mobile fishing vessels holding valid capture permits to upgrade their vessels as long as there is no increase to the engine power of the vessels. As such, trawler owners affected by the trawl ban in Hong Kong waters may upgrade their vessels to suit the requirements for operating in Mainland waters outside Hong Kong. They may also consider forming a fishing fleet or switching to non-trawling operations should they wish to pursue fishery activities of a sustainable nature in Mainland waters. Trawler owners may apply for loans under the Fisheries Development Loan Fund (FDLF) for financing uses such as upgrading their vessels to meet requirements for operating outside Hong Kong waters.

(c) We believe that the trawl ban would not have significant impact on related trades. It is because ancillary services would still be required by the remaining fishing vessels, including those operating outside Hong Kong and local non-trawling vessels. Following implementation of the trawl ban, some trawlers that used to operate mainly in Hong Kong waters may also operate in the nearby waters outside Hong Kong. They will continue to require the service of the related trades.

At present, the majority of fish collectors receive fish from fishing vessels operating in Mainland waters. The IWG will assess if any bona fide fish collectors have genuinely been affected by the trawl ban after its implementation. Depending on the result of its assessment, the IWG will consider providing appropriate assistance to those fish collectors that are directly affected by the trawl ban.

As we understand it, there is at present only one vessel in Tuen Mun that engages in making ice. AFCD has already contacted the owner of the ice maker to understand his situation. The owner has asked the Government to provide assistance for him to move the operation ashore. We will continue to keep in view the impact of the trawl ban on his operation and explore appropriate support measures accordingly.

Upon implementation of the trawl ban, the supply of trash fish (fish in small size), may be reduced. However, we believe that the impact on fish farming would not be significant. AFCD will continue to promote the use of pellet feed to replace the trash fish that is traditionally used as feed for aquaculture.

Apart from implementing the trawl ban and a series of fisheries management measures such as registration of local fishing vessels and prohibiting non-local fishing vessels from fishing in Hong Kong waters, the Government will continue to explore other practicable measures to promote the sustainable development of the fisheries industry.

Thank you.


Ends/Wednesday, January 9, 2013
Issued at HKT 14:21

NNNN

Annex