PAPUA NEW GUINEA STAKEHOLDERS EVALUATION & CAPACITY ASSESSMENT IN MARINE AND FISHERIES South Fly, Western Province Papua New Guinea

This report was prepared by Nicolas J. Pilcher, Marine Research Foundation, and Marthen Welly, Coral Triangle Center, for The Arafura and Timor Seas Ecosystem Action Phase 2 (ATSEA-2) Project. August 2021

PAPUA NEW GUINEA EVALUATION & CAPACITY ASSESSMENT IN MARINE AND FISHERIES; that relates to South Fly, Western Province Copyright © 2021 Arafura and Timor Seas Ecosystem Action Phase 2 (ATSEA-2) Project Authors: David K. Mitchell Editors: Noel Wangunu ECA, Kenneth Yhuanje & Christine Ingrid Narcise PEMSEA Suggested Citation: Mitchell, D.K. (2021). Stakeholder Evaluation and Capacity Assessment in Marine and Fisheries; that relates to South Fly, Western Province. A report to ATSEA-2, Eco Custodian Advocates, Alotau Disclaimer: ATSEA-2 Project has published the information contained in this publication to assist public knowledge and discussion, and to help improve the sustainable management of the Arafura and Timor Seas (ATS) region. The contents of this publication do not necessarily reflect the views or policies of ATSEA-2 implementing partners and its other participating organizations. The designation employed and the presentation do not imply expression of opinion whatsoever on the part of ATSEA-2 concerning the legal status of any country or territory, its authority or the delimitation of its boundaries.

Published by: ATSEA-2 Regional Project Management Unit Jl. Mertasari No. 140 Sidakarya, Denpasar 80224, Bali, Indonesia Telephone: +62 361 448 4147 Email: [email protected] Website: https://atsea-program.com/ Cover Image: Sailing Canoes from South Fly at Daru, Western Province, PNG Photo gaigoma Printed in Denpasar, Bali, Indonesia

TABLE OF CONTENT Summary ........................................................................................................................... 1 Background ....................................................................................................................... 2 Primary Outcomes of ATSEA-2 PNG ................................................................................... 4 Outcome 1. The South Fly EAFM Plan................................................................................. 4 Species as a component of the South Fly EAFM Plan; Village Fisher Perspective ......................... 5 Species of interest within the EAFM Plan ................................................................................... 6 Species as South Fly Fisheries ..................................................................................................... 7 Traditional Knowledge and Fisheries .......................................................................................... 9 Stakeholders ............................................................................................................................. 9 Community based organisations ............................................................................................. 14 Local regulation ...................................................................................................................... 17 Industry-Buyers – Markets ...................................................................................................... 19 Tonda and Maza WMAs ........................................................................................................... 21 Government Agencies .............................................................................................................. 27

Outcome 2. To stop IUU in these waters .......................................................................... 30 Stakeholders ............................................................................................................................ 31 Local Coastal IUU ..................................................................................................................... 31 IUU within the greater PNG EEZ ‘Dogleg’ over the horizon from coastal communities .............. 33 Stakeholders ........................................................................................................................... 33

Outcome 3. Effective cross border relationship oversight and management of the eastern Arafura Sea ..................................................................................................................... 37 Inter-country Collaborative Framework.................................................................................... 37 The SPF Stakeholder Partnership Forum ................................................................................... 41

Discussion and Recommendations ................................................................................... 44 Combined Stakeholders the SPF ............................................................................................... 47

Acronyms ........................................................................................................................ 51 References ....................................................................................................................... 53 Appendix 1 ...................................................................................................................... 57 Rangers in the PNG legal sense ............................................................................................... 57

People Consulted ............................................................................................................. 58

TABLES Table 1. Outlining various capabilities of the different Stakeholders ............................................ 43 Table 2. Suggested governance actions from workshop findings ................................................. 48

FIGURES Figure 1. The area of ATSEA-2 with an insert of the PNG section in relation to the Torres Strait Protection Zone ..................................................................................................................................... 2 Figure 2. Land System Types in the South Fly .....................................................................................5 Figure 3. Portion of Navigation Chart showing the South Fly Coast ................................................ 6 Figure 4. Satellite Imagery of Terrestrial and Marine Ecosystems with section of the PNG EEZ within the ATSEA-2 program ............................................................................................................... 6 Figure 5. Outline of Stakeholders Outcome 1 'EAFM' with Outcome 2 'IUU' additional in blue ... 13 Figure 6. Coastal village of the South Fly and PNG-Australia, yellow line ...................................... 13 Figure 7. Current Daru market red roof and blue tarp 'Food' Market 2021 ....................................20 Figure 8. a. Afternoon Dugong 'Meat' Market 8 b. Night 'fish' Market Daru 2021 .......................20 Figure 9. Protected Areas of the Transfly ......................................................................................... 21 Figure 10. RAMSAR Sites in the Transfly border of PNG and Indonesia .......................................... 22 Figure 11. Tri-National Wetlands Program sites ................................................................................ 22 Figure 12. Level of achievement/Capacity Constraints Tonda WMA & Maza WMA based on RAPPAM 2005 METT 2016 ...................................................................................................................26 Figure 13. PNGDF-ME Lombrum base with 3 decommissioned patrol boats 2021, in the foreground and the Guardian-class patrol boat HMPNGs Ted Diro behind from The National 2021b..................................................................................................................................................... 35 Figure 14. Looking north, the Port of Daru served by landing craft ‘barge’ vessels. PNG Coastline on horizon - 2021 photo....................................................................................................................... 35 Figure 15. Confiscated items Daru Police Station 2020 .................................................................... 36 Figure 16. Colony of Queensland Border Bill 1879 Zoned in Australia ............................................ 38 Figure 17. Sign on entry points into TST Zones in Australia ............................................................ 39 Figure 18. The Isolation of the Village reality in South Fly ............................................................... 41 Figure 19. High Interest High Influence Stakeholder Cluster .......................................................... 44 Figure 20. High Interest Medium High Influence Stakeholder Cluster .......................................... 45 Figure 21. Medium High Interest High Influence Stakeholder Cluster ........................................... 46 Figure 22. Medium High Interest Medium High Influence ...............................................................47 Figure 23. Combined Medium High to High Interest-Influence Clusters.........................................47 Figure 24. a. Makeup of PNG participants. 24. b. Suggested development challenges. Graphs based on data and adapted table below from Butler et al. (2015).................................................. 48

The favoured aid modality quickly resorts to capacity-building programs in the hotel function rooms of the nearest regional centre. But complexities of the South Fly are not well understood when viewed through a traditional development lens, as they ignore its location on an international border with two neighbouring nation states. The people living in the South Fly have a range of existing capabilities and potentialities that they struggle to realise due to a complex array of structural constraints, which have institutional, political and social dimensions (Moran & Curth-Bibb 2020).

SUMMARY The ruggedness and remoteness of communities across Papua New Guinea presents a development challenge and the South Fly of the Western Province is no exception. Communities of the South Fly along the fringe of the westernmost coastline of New Guinea have a long history of trading with inland communities and the islanders of the Torres Strait. Though still practiced this is complicated by international borders with Australia and Indonesia, whilst government and commercial services are now centred on the island township of Daru. The rural villagers are subsistence farmers/hunters/gathers/fishers and gleaners, reliant on production from marginal soils, and various marine resources, many of which offer seasonal income opportunities. Language and culture remain however they are dynamically changing through basic services of education, health care and the cash economy. Due to isolation and poor connection to viable profitable income opportunities, peoples’ livelihoods and wellbeing are marginal. The major mine of Ok Tedi in the province at the headwaters of the Fly River has led to environmental issues and displacement of communities downstream. The resultant migration to the South Fly coast and urban drift to the island town of Daru has led to pressures on the use of the surrounding natural resources that counters the assistance that flows from the mine.

The ATSEA-2 program in PNG will benefit from the participation and voice of fishers within communities, as the outcomes are tied to their resources on their customary lands, and within their sea tenure. It is fundamentally crucial that the program builds upon their existing capacity, and empowers them through their leading the process. Fishers know their own situation well and live with the outcomes of development, and with sound advice and applied technical guidance from government agencies in both extension and research, this can value add their capacity in ensuring that their resource base is sustained. The final element is in fishers linking into existing and potential market opportunities, within which long-time marine buyer/exporters have a role in offering a business perspective. It is often a fine line between maximising returns from markets and the overexploitation of the resource and the views of those along this market chain to maintain this balance in how to maintain long term viability is essential.

In taking this approach we are fulfilling the guiding principles of the 5th Goal of the National Constitution of PNG Ways within which there is: (1) a fundamental re-orientation of our attitudes and the institutions of government, commerce, education and religion towards Papua New Guinean forms of participation, consultation, and 1

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consensus, and a continuous renewal of the responsiveness of these institutions to the needs and attitudes of the People; and (4) traditional villages and communities to remain as viable units of Papua New Guinean society, and for active steps to be taken to improve their cultural, social, economic and ethical quality.

BACKGROUND Pre ATSEA-2 In 1989 the PNG Department of Environment and Conservation came up with a concept for a coastal zone management project for Western Province. The PNG government approached the Australian AIDAB (now DFAT, Department of Foreign Affairs and Trade) for assistance with such a project in 1992. A series of feasibility studies and project design documents were commissioned by the aid agency from 1992 to 1998, some of which contained a significant amount of ethnographic and environmental data from the South Fly and Torres Strait areas. The geographical focus was narrowed to the coastal zone of Western province, but the project was never approved for implementation, mainly because of concerns over the ability of the Fly River Provincial Government to assist in its administration and execution (Filer et al. 2004). ATSEA-2

Figure 1. The area of ATSEA-2 with an insert of the PNG section in relation to the Torres Strait Protection Zone

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The purpose of this report is to determine the current capacity of the stakeholders that will make up the SPF (Stakeholder Partnership Forum) of the ATSEA-2 program of the South Fly in PNG (see Figure 1). Along with other stakeholders who may be asked to offer technical or other advice to the SPF its function is to facilitate, plan and take oversight of implementing the outcomes of this program opportunity to effect positive socio-ecological change. The effectiveness of the SPF will be determined in part by its membership and what experience they bring into it to inform its purpose of, reiterating and supporting the priority actions outlined in the NAP. In order to facilitate this an extensive list of stakeholders and the roles that they have in relation to the primary outcomes of the ATSEA-2 in PNG is initially outlined. The reason being that the SPF has to be broad enough and have a working understanding of the complexities of the South Fly, that its members can apply, to fulfil the ATSEA-2 outcomes, guided by the collaborative development of a National Action Plan (NAP). The SPF also has a role in supporting the National Inter-Ministerial Committee (NIMC) in informing the PNG component of the Regional Strategic Action Plan (SAP) of the Arafura and Timor Sea.

The NIMC (National Inter-Ministerial Committee) will support the implementation of the Arafura and Timor Seas Strategic Action Plan (SAP) and the National Action Plan (NAP) of the program in PNG (ProDoc). The overall project will support a critical review of national and local policies and programs in Indonesia, Timor-Leste, and Papua New Guinea, and facilitate a regional level dialogue aimed at rationalizing relevant policies according to international best practice. The PNG NIMC will play an important role in these policy centred activities and will be made of members that can meaningfully contribute the perspectives of all stakeholders. It is hoped that through collaborative effort by the National Inter-Ministerial Committees (NIMCs) in Indonesia, Timor-Leste, and Papua New Guinea that this will lead to improved inter-sectoral coordination. At the national and local levels this will support the implementation of integrated approaches to natural resource management, water resources, biodiversity conservation and climate change adaptation.

The National Inter-Ministerial Committee is yet to be Institutionalized in PNG and consideration of this document will hopefully facilitate in determination of its membership and activation.

The focus of this assessment is to examine the Primary Outcomes of ATSEA-2 in Papua New Guinea and to consider the stakeholders that are and will need to be involved in achieving lasting results. After listing and outlining the stakeholders, their existing capacity will be investigated followed by a determination that suggests their capacity needs. This is with the aim of developing stakeholders capability in overcoming constraints, so that they can drive the process of achieving the ATSEA-2 outcomes independently and with the Stakeholder Partnership Forum members.

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PRIMARY OUTCOMES OF ATSEA-2 PNG The Primary Outcomes within the South Fly Local Level Government of PNG under the ATSEA-2 Program are:

1.

To have in place an effective EAFM (Ecosystem Approach to Fishery Management) Plan for the South Fly area of the PNG EEZ (Exclusive Economic Zone);

2. To stop IUU (Illegal, unreported, and unregulated) fishing in these waters; 3. To have an effective cross border relationship that mutually adds to the effective overall oversight and management of the eastern Arafura Sea.

There are many stakeholders that will need to be involved in achieving these outcomes, each with complimentary roles at different levels. In this report their interest, roles and mandate will be outlined, after which their capacity and constraints in contributing to the achievement of these outcomes will be put forward.

OUTCOME 1. THE SOUTH FLY EAFM PLAN

This South Fly EAFM Plan is to be of a rights-based management approach (ProDoc). As such the practices of local marine tenure, and customary marine management within the contemporary context and ‘territory’ of each village/ward is the foundational basis for this plan. Those with ownership/management rights and those with user/fishing/gleaning rights.

These localised rights would be combined to incorporate and strengthen these collective values (ProDoc) into the broader overall plan for the South Fly.

The local rights-based context of the South Fly EAFM Plan is however not so straightforward.

The Context Each of the villages along the southern New Guinea coast has its own history, past and recent inmigration, trade, interdependence, challenges and opportunities. Pre-colonial trade between inland and coastal villages and with the islands of the Torres Strait influenced areas of fishery ownership, tenure and user rights. As did the threat of attack of warring tribes. Of the villages along the coast, Old Mawatta, (Katau) was the first point on New Guinea in July 17 1871 where the LMS (London Missionary Society) established a mission (Piet 2019). This led to the subsequent 4

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Kiwai migrations and settlement along the South Fly Coast that also caused serious dispute with the Masingara (Bine) (Sullivan 2013). The initial government station of the Western Division was at Mabadauan Hill however the main centre was moved to Daru in 1893. Daru island was gazetted as a town in 1906 and from that time as a centre of government and commerce this has had an increasing influence on the surrounding communities and the progression of development. Further migrations continue with urban drift to Daru driven by the lack of development and perceived opportunities by remote coastal and inland communities. With the open-pit Ok Tedi mine in operation since 1981 and the failure of a tailings dam to control riverine disposal of tailings, many of the peoples along the lower Fly River have also migrated to Daru and nearby villages. This altered community dynamic has complicated the use of available resources. The customary ownership rights and user rights of each village must therefore be carefully considered through the development of the ATSEA-2 outcomes. Each village comes with a different perspective that will need to be a piece of the collective plan in achieving these. This village-by-village level of rights-based understanding is not currently available and will require field time in each of the communities to build up a portfolio of understanding. As we travel along the villages from the Fly River mouth to the west the influences and opportunities of Daru, the Torres Strait Islands and Merauke in Papua Indonesia become evident.

SPECIES AS A COMPONENT OF THE SOUTH FLY EAFM PLAN; VILLAGE FISHER PERSPECTIVE Underpinning the South Fly EAFM Plan are the ecosystems themselves. What environmental resources each community can draw from to maintain their livelihood is influenced by this, and in turn their actions also impact the environment. Where the soil is poor and subsistence garden returns are marginal a greater reliance on the marine resource occurs (see Figure 2). The availability and abundance of marine species will influence the fisheries that can be utilised. Therefore, an EAFM plan that covers the South Fly will need to take into account each village’s use of the environment and species fished from their territory and what influence this has on the overall resource base (see Figures 3 & 4).

Figure 2. Land System Types in the South Fly

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On the coastline Wanji/Wunji are coastal beach ridges and swales, Bula Recent Grassy Plains, Wando seasonally inundated flood plains of large rivers

The marine ecosystems are influenced by the estuarine fringe along the southern coastline with freshwater-saltwater interaction influenced by currents, tides and seasons of SE to NW winds with rain, resultant runoff and a dry. Throughout, the sea is relatively shallow and the coastline is fringed with a mix of mud and sand as a result. There are reef systems in the sector from east to south of Daru.

Figure 3. Portion of Navigation Chart showing the South Fly Coast

Figure 4. Satellite Imagery of Terrestrial and Marine Ecosystems with section of the PNG EEZ within the ATSEA-2 program

SPECIES OF INTEREST WITHIN THE EAFM PLAN Within the South Fly EAFM Plan several species are to be managed in greater detail. This will add a further layer of complexity of different fishers and other stakeholders depending upon each species and what capacity they have in fishing, managing these resources and gaining from them. Those identified of importance within the ATSEA-2 in PNG are; Socio-Cultural Importance • Dugong • Green Turtle 6

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Fishery Species • Barramundi • Black Jewfish • Mud Crab • Black Teatfish • White-tip Reef Shark

SPECIES AS SOUTH FLY FISHERIES

Customary Traded/Market Dugong and Turtle Dugong and or turtle are caught in the seagrass shallows by men using custom or more so now from a dinghy. These species still have customary value but increasingly are sold for cash in markets as people are prepared to pay good money for the meat. The government agency with the primary mandate to understand the localised status of dugong and turtles in the South Fly and contribute to the EAFM Plan is CEPA (Conservation and Environmental Protection Authority). CEPA also oversees PNG law in relation to dugong and turtles and also in relation to requirements of trade under CITES (Convention on International Trade in Endangered Species of Wild Fauna and Flora). CEPA also has a primary function in its oversight of the Maza Wildlife Management Area (WMA) in relation to the local rules set within this protected area and to assist in maintaining conservation standards. They cannot in all integrity report a ‘paper park’ as part of the PNG Protected Area network to the CBD (Convention on Biological Diversity) targets. When however, these species are turned into a cash fishery, such as sale at the Daru market, as allowed for within the rules of the Maza WMA, fishery sustainability principles of this take can also be advised by the Fisheries Division staff on Daru within Western Administration. Not done in isolation of CEPA, but in a collaborative approach in supporting their role. Practically fishery staff on Daru are on site and can oversee data collection of the sales of these species in the public market and offer an estimate of non-market sales. Information that can contribute to management planning of these species, that is practical and useful in local awareness and hence capacity building of fisher/traders within the market or locally in town. Barramundi, Mud Crab and Black Jewfish These are all high value export fishery commodities with buyers in Daru whilst there is a local Daru and domestic PNG market for the first two species. Barramundi Barramundi breed within the rivers along the New Guinea south coast including the Tonda WMA (Chatterton circa. 2007). They are caught in the coastal estuaries along the coast mainly by gillnet and some line fishers.

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This fishery is regulated under the Barramundi Management Plan (2003) and if farmed the National Aquaculture Development Policy under NFA.

There is a barramundi hatchery on Daru Island that is run by South Fly Agribusiness that is a joint venture between the Sustainable Development Program and Innovative Agro Industries to restock riverine systems with barramundi (Anon 2019). There was a previously a hatchery set up to restock rivers with fingerlings due to the collapse of this fishery, along with a conservation project to raise awareness (Nalu 2012). This nursey however ultimately failed. In future to maintain fish stocks even with the release of fingerlings, advice from NFA on net mesh size, and practice to maintain the population will be important. Wild caught fish need to be well prepared and on ice in an icebox and to freezer in good time. Barramundi and bladder are also part of the illegal trade with Indonesian buyers (Busilacchi et al. 2014). Black Jewfish This is either a bycatch of the Barramundi fishery or is a targeted species caught by gill net set across rivers. There is a Jewfish fillet buyer in Daru and the bladder which has a very high market value leading to high exploitation and the risk of overfishing this resource. Along with illegal trade with Indonesian buyers (Busilacchi et al. 2014). Fishers from the coastal villages set up fishing camps to target this high value marine product of the bladder. Mud Crab Mud Crabs are caught live, tied and bagged, mainly by women fishers in the fringing mangroves, for market, for cash. This is for local, domestic and export market (via Port Moresby or across the Indonesian border (Busilacchi et al. 2014)) in the shortest time possible. Exporters are competing to maintain a consistent supply of Mud Crabs for export and are training local sellers in Western province in the establishment and production from farms (Anon 2021) on their land. For villages on the edge of the PNG-Australian border Australian surveillance is strict on illegal catch and Mud Crab from Saibai is seized (Holland 2018). There is also trade of Mud Crab across the PNG-Indonesia border from the westernmost coastal village of Bula. These crabs caught by women are usually traded by the men. Women’s fisheries have often been overlooked by society, industry and policy makers (Harper et al. 2020) however the value of this fishery is emerging. Black Teatfish This high value sea cucumber is dived for, or jagged by lead weight on the reef flats, back slopes and reef fronts mainly by young men. This is then processed, boiled, smoke dried and sold as bechede-mer to the buyers, exporters in Daru along with other species. Or it is traded with Indonesian traders. It is a species that comes under the NFA Beche-de-mer Management Plan (2016) and is regulated through a TAC (Total Allowable Catch) and seasonal opening, set for Western Province. This is currently at zero for this species. Also, the PMAC (Provincial Management Advisory Committee) in Daru that oversees BDM management in the province. As this species is also CITES II, this comes under CEPA to ensure the take of this species, where permitted, is sustainable. 8

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White-tip Reef Shark Shark are fished by shark-fishers who set baited hook and floater in mid depth waters. This species comes within the NFA National Plan of Action Shark 2022-2026, approved in June 2021. The White-tip Reef Shark (Triaenodon obesus) is though already a Vulnerable species under the IUCN (International Union for Conservation of Nature) Red list of threatened species. There is no commercial shark-fin fishery within PNG as a result of the Silky Shark (Carcharhinus falciformis) and Oceanic White-tip Shark (Carcharhinus longimanus) coming under CITES, however shark caught as bycatch within other commercial fisheries can be utilised. Also, there is a local artisanal shark fishery for fins, with the sale of dried fin to marine buyers in Daru. Along with illegal trade with Indonesian buyers (Busilacchi et al. 2014). As this relates to sustaining a fishery that is an export commodity the Fisheries Division on Daru in collaboration with Marine Buyers, and NFA Port Moresby are primary agencies, whilst CEPA in reporting against the CBD (Convention on Biological Diversity) is concerned with the population and hence local conservation status of this threatened species.

TRADITIONAL KNOWLEDGE AND FISHERIES The South Fly EAFM Plan with each of these fisheries is best founded upon the ‘sacred ecology’ (Berkey 2012), the traditional ecological knowledge, that has been experientially and dynamically passed down in some measure to the current generation of fishers. The current application or reapplication of traditional ecological knowledge, fishery or species knowledge to contemporary resource management problems is recommended to be a foundational part in the plan. How much traditional knowledge is in the public domain and what remains in memory, but not applied is a current capacity that needs to be determined. Quite often however fishers do not have the required knowledge to sustainability manage these resources in the face of increasing pressures never experienced before. This coupled with their lack of knowledge of the finite nature of the resources (Johannes & MacFarlane 1991) and sometimes of their life cycles, limits the effectiveness of any effort to implement community-based management plans (Busilacchi et al. 2013). Therefore, learning the ecological requirements, life history, population dynamics and effective population management of these species can increase the understanding and approach of our fishers. STAKEHOLDERS Village based Fishers Each of the different species may have its own or share the same fishers in different combinations or situations.

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Turtle hunters, for custom and for market from shallow waters.

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Dugong hunters, for custom and for market from shallow waters. BIO-PHYSICAL & SOCIO-ECONOMIC OUTLINE

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Jewfish fishers, from estuarine rivers

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Barramundi fishers, from estuarine rivers

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Mud crab fishers, from mangroves, mainly women

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Beche-de-mer divers, from shallow waters/reef/lagoon

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Shark fishers, from deeper waters

Community based organisations •

Ward Development Committee.

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BRTV Building Resilience Treaty Villages Program [Australian DFAT] ‘Rangers’.

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Treaty Inhabitants Committee.

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Bata Community Development Foundation Inc. 5-4775.

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Treaty Village Association Inc. 5-5151 (not active).

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Western Province Fishers Association Inc.

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Western Cultural and Resource Development Association Inc. 5-6235.

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South Fly Centre for Research, Development and Empowerment Inc. 5-10541.

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Daru- Fly Delta Resource Owners’ Foundation Inc.

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Baska Tumara Association [not registered with IPA?].

Local regulation

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Customary resource managers; clan elders.

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Village Courts.

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Maza Wildlife Management Committee.

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Tonda Wildlife Management Committee.

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Regulation, Compliance, Monitoring, Extension •

Village Peace Officers.

Industry-Buyers - Markets •

Daru Urban LLGov Market.

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Barramundi Hatchery Daru.

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Marine Produce Buyers/Exporters Daru.

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Marine Produce Buyers/Exporters Pt Moresby.

Government •

Provincial Fishery Management Committee.

NFA Port Moresby •

Beche-de-mer NMAC (National Management Advisory Committee).

Business Groups Fisheries Management Monitoring Control and Surveillance Licencing and Data Management Provincial Support and Industry Development Aquaculture and Inland Fisheries •

For Sharks, Jewfish Fisheries Management Officer.

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For Beche-de-mer Sedentary Fisheries Officer.

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For Mud Crabs Inshore Fisheries Officer.

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For Barramundi Inshore Fisheries Officer.

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Fisheries College, fishery training and certification.

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Gazetted Fisheries Inspector.

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For Beche-de-mer PMAC (Provincial Management Advisory Committee).

CEPA Port Moresby Sustainable Environment Programs Environment Protection •

For Turtles, Dugong, Maza WMA, Tonda WMA Marine Section.

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CITES Officer.

Tertiary Institutions •

University of PNG Motupore Research Station

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PAU, UOG, UNRE

Research Institutions •

National Research Institute

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Institute of National Affairs

(see Figure 5).

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Figure 5. Outline of Stakeholders Outcome 1 'EAFM' with Outcome 2 'IUU' additional in blue

Communities and fishers The main Villages of the south Coast of Papua New Guinea are Bula, Jarai, Mari, Tais, Buji/Ber, Sigabadaru, Mabadauan, Old Mawatta, Kadawa, Tureture, Katatai and the Government Station of Daru on Daru Island (see Figure 6).

Figure 6. Coastal village of the South Fly and PNG-Australia, yellow line

The communities, a heterogenous group of people of place and migrants, along the south coast live within and from the resource base. A subsistence with its abundances and shortages, management and exploitation, and disputes. There are also trade and cash opportunities in abundance and poverty. Fishers know often the results of their actions, within or beyond the ecological limits of their fishing, such as trends, sometimes explaining them away rather than facing them. Something in itself that must be considered. Fishers know their monetary buying power, level of cash poverty and lack of services as they and their families suffer from them. Though some fishers are specialists targeting different species there is an interrelatedness of each fishery in regards to the seasons and cash income opportunities each offers. 13

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People of place especially of the eastern villages know of the effects of in-migration, of the fishing in their waters by fishers from Daru, they see it happen, they live it day-to-day. What capacity they have had to manage, or not, their resources in the face of fishing by people without ownership or fishing rights needs to be determined. The answer will separate the reality from the ideal. From this the people of place have a perspective of the future they are heading for and the future that they want.

Therefore, we cannot lose sight of the capacity that exists within each village community, in food security, trade/traders, fisheries, commercial divers, groups and associations. And what this brings to a SPF. Their fisheries, their perspectives, their knowledge and ultimately their livelihood opportunities and wellbeing. COMMUNITY BASED ORGANISATIONS Ward Development Committee The ward development committee (WDC) is based in each ward of a Local Level Government and under law consists of the Ward Member who is the chair and five members two of which are to be women. These members represent different sectors such as education, health, economic sector, women and youth, the church, law and order, and/or others according to the needs of the ward. Their principal task is to assist the ward member in ward development planning and submission of project support presented through written submission at the Local Level Government assembly meetings for deliberation. The members do not receive any remuneration for their services. The capacity of WDC members to represent their sectors of responsibility varies from one community to the next along with their personalities, personal commitment and position within the community. The sectors of resource management, customary or commercial are usually not strongly represented and this characterises a common capacity gap in this local development planning body. This is possibly due to natural resource utilisation, which is a tribal/clan led customary responsibility that cannot be supplanted by the WDC. WDCs work with limited support and have varied resources to work with in holding, recording, production and curation of meeting deliberations. BRTV Building Resilience Treaty Villages Program [Australian DFAT] ‘Rangers’ Under the TST (Torres Strait Treaty) there has been an ongoing capacity development program within the communities along the coast of the South Fly referred to as the PNG ‘Treaty Villages’. Where the program actively seeks to be a catalyst for building leadership and local governance capacity, with the rangers acting as role models (R&RRC 2019). Input initially was through selected youth designated as ‘rangers’, an unfortunate title as it does not equate to the legal definition of rangers in Tonda WMA and Maza WMA (see Appendix 1). ‘Rangers’ are trained in various skills, uniformed, badged and given assets to achieve program 14

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goals. Initially this approach was not effective in strengthening governance capacity or participatory planning as this was not a role to be taken up by them. As a result there was little or no residual capacity in villages to facilitate future participatory planning, a key element of governance at the local level (Synder 2012). Many community members believed that the intent of the BRTV project was to prevent the harvesting of dugong and fisheries resources by Treaty Villages, or some other policing exercise. These misconceptions were addressed and the work of the community ‘Rangers’ now receives community support.

The ATSEA-2 may gain from Synder’s (2012) recommendations following an independent review of the Building Resilience in Treaty Village Program that in Community Planning consideration should be given to: 1.

Training a local cohort of ward/community planning facilitators or;

2. Utilising experienced PNG community planning facilitators to lead the process, and that within this that; i.

There is participation of local government officers in the process; and

ii. Community Plans are within the government’s planning and resource allocation framework i.e., ward and LLG plans, the South Fly 5 Year Development Plan. These points appear to have been taken up, as by 2019 the project claimed success in delivering community leadership, infrastructure and services, as well as improving local governance. This was noted at all levels, from local ward members, the Treaty Inhabitants Council, the Provincial Administrator to the national government. All of the 13 ‘Treaty Villages’ have requested that the ‘rangers’ be formally included as a ‘sector’ in their Ward Development Plan process (with other sectors such as Health, Education and Law & Order) and a ranger group representative (in some instances two) has been given full membership on the Ward Development Committee. A workshop with the Ward Members for all ‘Treaty Villages’ in June 2018 aimed at strengthening this approach in all villages. The BRTV project therefore downscaled to a village level to give village communities responsibility for their service delivery and subsequent development where as part of the food security activities, there are also 26 fisheries mentor ‘rangers’ who were trained in 2017. Fisheries training in 2017 covered: 1.

Better post-harvest handling and storage;

2. Construction of air drying and smoking equipment; 15

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3. Targeting alternative species; 4. Increasing catches of pelagic fish (e.g. mackerel); and 5. More efficient fishing practices. The BRTV project states that through a structured communication protocol it makes regular briefings to update the District Administrator, District Treasurer, Police, Customs, Border Development Authority and the Daru Hospital on such developments. Whilst there appear to be varied priorities that set BRTV and the District Administration apart from each other. Treaty Inhabitants Council Linked to the BRTV project are the ward members who make up this ‘council‘ in relation to community gatekeeper role. They work within the resources and the elected position that they hold in relation to all development within the ward of which the BRTV is a subset of this with the BRTV ‘rangers’ being the visible implementing agents. The capacity of these ward members is variable and also there will be different levels of commitment to the objectives of ATSEA-2 in PNG. Bata Community Development Foundation Inc. 5-4775 This Foundation has the knowledge and experience working with communities, community groups and researchers in both data collection and extension. It has a deep history in working with human rights, social justice within the environment, in response to influencing factors such as the negative impacts of the Ok Tedi mine or to respond to opportunities in community education, advocacy, empowerment and in self determined community development. It has a strength in being of local knowledge and with an understanding of and being based within the local context of the village and nearby Daru. Being a local PNG organisation, its main constraint is ongoing funds to sustain this capability, of maintaining its institutional memory by retaining the interest and services of local resource people on the ground. It does not work out of an office but through a close working relationship with the Provincial Fishery Officer this is an office through which this organisation has access to resources such that it can maintain its effectiveness. Travel to coastal villages is by hiring a 23’ dinghy, weather permitting. The work that it can do is therefore driven by the funding that it receives. This is less than ideal as it leads to how they are perceived by the community in taking up different roles. Treaty Village Association Inc 5-5151 (not active) Although the objects and purpose of this association are well set out in its constitution it has not been an effective vehicle of achieving these. These included: a) the delivery of long term sustainable use and management of culturally important food species and the ecosystems that 16

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support these species; b) the delivery of an effective Community Ranger Program to enable the implementation of the community-based sustainable management; c) provision of logistics framework and operational infrastructure; e) development of sustainable economic opportunities; f) fostering the understanding of the interactions of the natural environment with the social economic and traditional customs of the Treaty Villages and coastal communities; and g) facilitation of capacity-building for leadership and governance of sustainable management. Women’s Fellowship Women’s Fellowships are associated mostly with the churches and are an effective grouping in the community. For example, the United Church and Foursquare women’s groups meet on Tuesdays and engage in different activities/programs (Daina Budia pers. comm. 2021). There is capacity as a recognised cohesive group made up of women of varied experiences across all the South Fly coastal villages. There is therefore capacity that can be built upon through women in an effective cluster such as this within and between other women’s groups in other communities, where they are able to express and develop in their own gender group. It is an effective point of entry in extension especially if a woman is the one presenting this. It is a semi-formal group that relies on its own resources which are limited. For a fishery such as Mud Crab collection which is mainly done by women, their capacity to participate and develop this fishery to their benefit presents an opportunity. Youth A highly effective grouping of youth is through sports in friendly or organised ‘association’ sport competition, which tends to go through phases of being energised, waning or not active.

LOCAL REGULATION Customary resource managers; tribal/clan elders In this section I draw from the Social Assessment report of the late anthropologist Nancy Sullivan that was researched for a World Bank governance and rural service delivery project and has relevance in ATSEA-2. Within South Fly coastal communities each tribe is led by men, with patrilineal descent and within which women are passive in public fora and submissive, with the exception of the eastern Katatai Village (Sullivan 2013). This is the foundational unit of oversight and planning, over the use of natural resources, of the tribes’ territory. Women may advise but customarily do not have rights (Sullivan 2013). 17

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The tribal groups being; Kiwai, Bine, Agob, Gidra, Wiram, Taime/Idi, Kerake, Gizra and Aramba. Over many generations there has been in-migration to villages, mostly with assimilation of the earlier settlers. However, also in the current generation there has been a displacement of people along the Fly River due to mine tailings sedimentation leading to inundation of the adjoining flood plains. Since 1988, villages along the river have suffered absolute loss of tracts of land amounting to hundreds of hectares, including formerly valuable garden land in the river’s floodplain. Riverine wildlife, including birds, fish, and turtles, have been adversely affected as well (Kirsch 1993). Fish populations also have declined by 60% in the lower Middle Fly (Tingay 2006). This has led to further in-migrations of people along the South Fly communities and Daru (Butler et al. 2013). In some instances, this has also led to resentment such as the Kiwai of Katatai Village blaming the Bamu migrants for stealing and depleting their resources (Sullivan 2013). The marketing of finfish is an important income for these communities. Within the village communities the most functional groups are the tribe/clan, the church, women’s fellowship and youth groups, both formal and informal. Though women’s participation outside of their gender groupings and within the WDC needs support (Sullivan 2013). Also, the Village Court is effective (Sullivan 2013). Within these communities Constraints and Capacity •

Lack of literacy in English, especially women.

•

Variable literacy of fishers.

•

Lack of income.

•

Lack of finance to purchase fishery licences to participate in Torres Strait fishery.

Capacity development within stakeholder training workshops of clan leaders, ward members, land mediators, village court magistrates, peace officers, church leaders, women leaders and youth leaders should all be given priority, not just as pro forma but to strengthen important networks and guarantee project access to them (Sullivan 2013). Village Courts Village Courts are under the Division of Community Justice, Department of Justice and Attorney General, though no advisor is currently based in Daru. Courts are organised into Zones which are served by a Chairman/Magistrate, Magistrates, Peace Officers and a Court Clerk. They operate under the Village Court Act (1989), Regulations (1973) and customary law in hearing cases of civil and/or criminal jurisdiction. These officials are selected from the community from those with good standing and with a deep knowledge of custom and mediation. The resources of these courts and 18

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officials are limited with uniforms and often a National Flag that ‘signifies the court’. Though remuneration is to be paid this has not been the case for many officials of the court for many years. As with the WDC the Village Courts work with limited support and have varied resources to work with in holding, recording, production and curation of court summons, court sessions and in travelling to where the court hearing is to take place. There is also a lack of capacity in hearing cases on natural resource management and breaches of decisions and rules made in relation to this even though there is provision under the Act that allows for this. There is opportunity to develop the capacity of Magistrates in how the Act allows for hearings on disputes in the management and use of natural resources especially in breach of a clearly defined area under customary management. This a form of customary law that applies both within the language-cultural group and to anyone coming in from outside who is in breach of this law. This is not being applied where in-migrants are not respecting the local tenure/ownership rights over resources, nor the rules or management. Regulation, Compliance, Monitoring, Extension As a member of the Village Court the Peace Officer has the duty of maintaining peace and good order within the community. Their role is in informing the court chair of cases to determine a program of hearings that facilitates the issuance of summons of the parties concerned and during court hearings maintains decorum of the proceedings. Though there are provisions in regards to the use of resources that includes reefs this is rarely the issue brought to the court, not that there is no poaching or breach of customary law/rules, but as few incidences with precedent have been set. There is a capacity gap in applying the Village Court to resource management/use/poaching cases and this needs further clarification and training. There is opportunity to develop the capacity of Peace Officers in maintaining an independent perception of customary law applied to natural resource management as overseen by tribes/clan communities. INDUSTRY-BUYERS – MARKETS Daru Urban LLG Market Currently the permanent public market on Daru is inadequate for the volume and variance of sales (see Figure 7). Much of the food produce, fish, Mud Crab, dugong, deer meat is placed on plastic sheet laid on the ground (see Figures 8a & 8b). The market is open with no fencing signage of rules or evidence of day-to-day management. No survey data collection are being made of produce sold or where it is coming from, such as dugong, turtle, Mud Crabs, barramundi. There is a capacity gap therefore in this regard. The value of the market in the local and village economies is therefore unknown. 19

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Figure 7. Current Daru market red roof and blue tarp 'Food' Market 2021

Figure 8. a. Afternoon Dugong 'Meat' Market 8 b. Night 'fish' Market Daru 2021

The new Daru market has been launched, under the Provincial Master Plan to help local vendors to safely sell their produce whilst at the same time give a new look to the township (Wali 2021). This would offer an all-weather opportunity, reducing the need to invest in ‘blue canvas’ or makeshift stalls, though I anticipate that this will come with vendor fees that will come out of potential sales profits. Barramundi Hatchery Daru This is a seasonal fishery that became commercially exploited in the 1960s that collapsed in the 1990s (Fisher 2010) at a time when most catches were being sold (Busilacchi 2014). Since then, barramundi has been targeted mainly by artisanal and subsistence fishers using gillnets along the coast with catch sold on the domestic market and the local markets (Maina M., pers. comm. cit. Fisher 2010). The Ok Tedi Development Foundation (OTDF) originally made a multi-million kina investment in the establishment of a barramundi fingerling hatchery on Daru in 2008 to enhance fish stock in the estuaries on the mainland. This came under the Western Province Sustainable Aquaculture (WPSA) and PNG Sustainable Development Programme (PNGSDP) initiative, which had three components: a) commercial trials to develop a barramundi cage culture model for future expansion; b) a restocking project in which barramundi fingerlings will be stocked into the depleted Fly River system and c) a conservation project to raise awareness and protect the wild 20

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barramundi fishery (Nalu 2012). This however closed after some years and the causes of this need to be found out for future capacity planning. The current hatchery is under Innovative Agro Industries, which has financial capacity to invest in this and to invest in required technical, management and marketing. Marine Produce Buyers/Exporters on Daru There are several buyers on Daru of the various marine produce for the local, Port Moresby or for export to overseas markets e.g. Australia and Asia. Out of Daru they have the financial, technical, NFA processing standards, and food export standards capacity along the product value chain to buy, grade, prepare, store, transport, freight and export to identified markets. With the Fisheries Inspector on Daru some level of compliance in the data recording especially of a multispecies fishery e.g. beche-de-mer, shark fin has potential to be well regulated. There is a greater opportunity to build fishers capacity in supplying quality product that is demanded by the buyer. Marine Produce Buyers/Exporters in Port Moresby There are several marine produce buyers in Port Moresby who purchase Mud Crab and other marine commodities. Out of Port Moresby they have the financial, technical and food export standard capacity along the product value chain to buy, grade, prepare, store, transport, freight and export to identified markets. The data management, reporting may not always be accurate. Also building fishers capacity in providing the highest quality product often is not an investment made. TONDA AND MAZA WMAS

Major influencers in the PNG section of the ATSEA region are the protected areas that have been long established but which have not been supported with sufficient consistent capacity to realise their intent or potential (see Figure 9).

Figure 9. Protected Areas of the Transfly

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In the South Fly Tonda and Maza when established in 1975 and 1978 were at that time and remain the largest terrestrial and marine protected areas in PNG. (Wasur in Indonesia which adjoins Tonda was established in 1978 as a Wildlife Reserve that was extended to a National Park in 1990 adding 68% of the area of Tonda). Tonda and Maza were both gazetted under the progressive preindependence PNG Fauna (Protection and Control) Act 1966 that is still law. Tonda was listed as a wetland of international importance under the Ramsar Convention (1975) in 1993 and Wasur in 2006 (see Figure 10).

Figure 10. RAMSAR Sites in the Transfly border of PNG and Indonesia

Despite the importance of these two WMAs an analysis of protected area inputs vs protected area outputs (IvsO) across the PNG Protected Area network in 2005 found that Maza was low in this continuum with 15vs5 whilst Tonda was mid-range 35vs15 (Chatterton et al. 2009).

In 1995 a Tri-National Wetlands Program was initiated by WWF between Tonda WMA, Wasur NP and the Australian Kakadu NP (see Figure 11). This led to a Memorandum of Understanding between the three government conservation agencies in 2002 (Bowe, 2007). The signing of this was seen as an initiative to greatly improve management quality of these parks, by facilitating the sharing of information, skills and staff between the three countries and the development of collaborative research and management projects and encouraging the creation of further protected areas (Anon 2002).

Figure 11. Tri-National Wetlands Program sites 22

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However, even with this input in Tonda WMA barramundi and other species were part of a continuous cross border trade of forest products (such as bush meat) with rice and other store goods from the Indonesian side along with cross border wildlife poaching (Chatterton et al. 2009). Alternative income generation to improve livelihoods was difficult and largely unsuccessful due to the lack of transport, high local costs, low capacity and unrealistic expectations of the Tonda WMA committee (Chatterton et al. 2009). The people see marketing and cross border trade via Sota and Merauke offer greater opportunity than the more distant towns in PNG (Bowe 2007). Overcoming cash poverty in communities through links to legitimate markets appears to be a required precursor to have any purpose of WMA committees in managing the area. Capacity building in management without this will probably lead to nothing substantial without much on ground support.

There are significant problems of institutional governance and capacity in some parts of the region, so an integrated program for sustainable development and resource management must also be a program to build local institutional capacity (Filer et al. 2004). Recognising all this WWF turned to a rapid ethno-ecological assessment that identifies what communities value in their landscape and what species to inform the development of a community vision using totems as flagship species. In this way linking people to the biodiversity vision (Bowe 2007), I wonder though if this is just to do the conservation that WWF regards as important.

Tonda WMA Tonda being so large is also complex with 3 main clans (Bagu, Sagara, Mawaya) with Tonda the main language with over 40 other language groups and dialects. The communities in the WMA include coastal Bula, Jarai, Mari (Kunji), Tais Mengete and inland Bondobol, Balamuk, Wando, Korombo, Wearn, Werievere, Mermer, Indorodo, Kandarisa, Tokwa, Wamanevere, Iokwa, Rouku, Morehead station, Garaita, Mata, Pongariki, Derideri, Arufi, and Mibini. Some 14,000 people (Leverington et al. 2017). Tonda Wildlife Management Committee Tonda WMA Committee has 27 members from 24 villages; 7 sub-committees (each village forms a Committee and sends representatives to the Area Sub-Committee). There are no women on the committee. Summary of capacity constraints 1.

Tonda WMA had a resource management plan. However, due to lack of resources this has not been implemented.

2. There is no budget, although the small amount of money raised from tourism enables the management committee to meet. 3. Limited training has been undertaken in the past. 4. There is no equipment. 23

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5. No transport. 6. There is no education and awareness raising. 7. No land use planning. 8. A need to ‘re-gazette’ the WMA through comprehensive engagement of the traditional owners to ensure that there is agreement to the WMA and its rules.

In Tonda not all the rules such as traditional rules are written or gazetted. At the time of gazettal, not all the landowners were involved and consequently some did not like the rules or agree with them leading to non-compliance and conflict (Leverington et al. 2017). Tonda WMA borders Indonesia and this is the point of entry of poachers and refugees with a lack of government support. Indonesian refugees live in Tonda and they take our resources and sell them in Indonesia. River fishing occurs right on the border – they come in with big nets and catch the large female fish and wildlife is poached and sold to merchants in Indonesia. The construction of houses also causes destruction of the forest and the expansion of gardens into the forest results in loss of forest.

Due to sea level rise, there is saltwater intrusion into the wetlands. It is extending into new areas and the saltwater fish are following. Saltwater that previously reached two to three kilometres upstream now extends up six to seven kilometres. The native fish have almost gone (no prawns) and the birds that eat them are gone due to the change in fresh to saltwater and the change in colour of the water. Many villages are inundated with salt water (Tonda WMA).

Two of the largest and most significant wildlife management areas, Tonda and Maza, are rated as only in fair condition, and declining due to multiple threats and lack of law enforcement capacity (Leverington et al. 2017).

Maza Maza WMA is a marine protected area in the Torres Strait, adjoining the coast to the west of the Fly River estuary, which includes the two islands of the heavily populated Provincial centre on Daru and Bobo/Bristow and is less than 12km from the Australian SaIbai Island. It is an important area of mangrove, sea grass and coral reefs.

The villages of Old Mawatta, Kadawa, TureTure, Katatai along the New Guinea south coast lie within the Maza WMA though as a result it is more an ‘extractive reserve’. Especially as many in the community, in migrants and Daru residents are not sure why the WMA was established. There is no signage at all in Daru or the villages that relate to Maza WMA. Such a sign with a map, rules, penalties and agency contact details could state this in the public domain. 24

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On gazettal there were rules set in relation to the take of dugong and that they can be sold in the Daru market and each such catch-sale to be reported to a designated government officer.

Maza Wildlife Management Committee After the bilateral signing of the Torres Strait Treaty by the governments of PNG and Australia treaty villages in both countries were designated, those within Maza included. An interim Management Committee was established and it comprises of a community chairman and 14 councillors all male. This committee last sat some years ago and Diana Budia (pers. comm. 2021) raised two concerns on management and illegal fishing up to CEPA but with no clear response.

With Ok Tedi mine there has been an influx of people on the coastal margin of the Maza WMA from the Fly River, where sedimentation and flood impacted villages have been destroyed by the alteration of the Fly River resulting in poaching of their aquatic resources. This sedimentation also effects estuaries and smothers seagrass and reefs.

A draft Moro Momoro Gamo Management Plan was initiated in 2011 and finalised in 2014 that realised the importance of conserving dugong, turtles and sustaining the fish resource. The approach of the draft Moro Momoro Gamo Management Plan (Treaty Village Communities South Fly District) aims to reduce pressure on marine resources by supporting livelihoods which generate a steady income and protein supplies, in exchange for dugong/turtle and environmental stewardship.

This is in variance in continuing the tradition of dugong and turtle meat for ceremonial purposes and for fish as an important food for customary landowners every day (Leverington et al. 2017). Though the rules are there they are not applied and as a result it is really just a ‘paper park’.

It was realised though that the traditional skills for catching dugong and turtle, which include using canoes and harpoons are now gone and that what remained of culture needed to be respected, especially by ‘outsiders’. Dugongs and turtles bring high returns when sold in the Daru market and with turtle also making it to the Port Moresby market.

That though there are no big commercial fisheries, people taking too many fish for sale, tonnes of fish, mainly mixed reef fish, every day and as a result the size of the fish is decreasing. People are blocking their channels with nets.

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Summary of capacity constraints 1.

No ongoing day to day management.

2. No funds, despite applying for funds 3. No regular or sustained budget (there were some resources up to 2014, from Fisheries). 4. Commercial fishing fees could be directed to the protected area. 5. No equipment. 6. Lack of people to manage the WMA. 7. Lack of respect from outsiders. 8. Very little capacity. 9. No capacity to enforce the traditional rules. 10. Improvement depends on law enforcement and implementation of the Dugong and Turtle Plan (Management committee, Maza WMA). 11. Potential for attacks on managers in relation to dugong enforcement. 12. The Provincial Fisheries office has no dinghy, charter. 13. There has been training of community ‘rangers’ but not in anything related to the management of the WMA. 14. ‘Rangers’ under the RRRC program have their own equipment issued to them (see Figure 12).

Figure 12. Level of achievement/Capacity Constraints Tonda WMA & Maza WMA based on RAPPAM 2005 METT 2016

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In these WMAs there is a need for: 1.

Strong customs and traditions are important to ensure the sustainable use of marine resources;

2. Community rangers are essential to monitor and enforce agreed rules within large marine protected areas. However, they need appropriate training and equipment; 3. Integrated and inclusive governance arrangements are needed between all levels of government and NGOs and international partners; 4. Long-term support and funding (e.g. from internal and international providers) are necessary to enable effective on-ground management actions. GOVERNMENT AGENCIES Government, science, extension, technology, regulatory and compliance agencies are removed from all of this with their time dominated from a desk and regular salary, in the paid workforce. That is not to say that they do not get to the field, are not learned, nor understanding fisheries, it is just that they perceive things from a different perspective and therefore have a different piece of the South Fly EAFM Plan to contribute. Also, artisanal fisheries are low priority fisheries for the NFA (National Fisheries Authority) and their management is left to the communities and local governments.

NFA Fisheries Management The National Fishery Authority comes under National Acts that relate to the various fisheries within PNG and their management. It has the capacity to develop policy, strategy, action plans, species management plans, maintain databases in relation to catch and export in the regulation, setting seasonal fishing, licencing, extension, in effect the functions required to oversee government function of various fisheries. NFA is currently located on the 11th floor of Kina Haus within the Port Moresby CBD. It is a fully appointed secure office required of an agency of national importance, within which the various sectors of PNG fishery management are located. The sections that relate to the South Fly area are:

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•

Monitoring Control and Surveillance;

•

Licencing and Data Management;

•

Provincial Support and Industry Development;

•

Aquaculture and Inland Fisheries.

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NFA •

Fisheries College, fishery training and certification.

There are dedicated, highly qualified staff within these sections who have the capacity of resources to fulfil required functions. Being an Authority, it is a semi-government entity that generates revenue that can be directed to sectors that support village based artisanal fishers. •

For Barramundi Inshore Fisheries Officer.

•

For Sharks, Jewfish Fisheries Management Officer.

•

For Mud Crabs Inshore Fisheries Officer.

•

For Beche-de-mer Sedentary Fisheries Officer.

The capacity of NFA is missing within the provinces. This is taken up within the structure, staff ceiling and budgetary constraints of the Provincial Fishery Divisions which do not administratively come under NFA but under the various Provincial Administrations.

Beche-de-mer NMAC This is a National Body of gazetted members; that is made up of NFA as the Chair, with representation of experience from, Buyers/Exporters, NGO, Research, Resource Owners who advise the Managing Director on matters regarding the management of Beche-de-mer in the various provinces including Western. They request and are informed by survey and export data, and where this is not available apply the precautionary principle so that they can make informed decisions as a collective group. The expertise capacity of this body is as required though the holding of meetings is likely less than ideal.

Fisheries Division, Western Administration Daru Daru as the Provincial Centre has Provincial Fishery Officer, a position that requires a strong qualification, applied knowledge and management skill set. When based on merit this and other public servant positions match the requirements and needs of delivering services to the people through recurrent and secured project funds.

Also, there is a District Fishery Officer based currently in Daru who serves the South Fly District and who has a depth of experience across the various fisheries within the context of this region which falls within the ATSEA-2 area of interest.

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Although the new office complex is a well-appointed work space with other agencies it is often without power forcing staff to work from home without use of all utilities. The fishery division is not allocated sea transport and therefore has to charter dinghies or collaborate with the enforcement agencies in incidents of joint operations. Dinghy travel also is inadequate during the season from May-October during the SE Trade Wind season due to unpredictable and extended periods of rough weather at sea. Also the cyclone season November-April weather must be carefully observed

Gazetted Fisheries Inspector This is the South Fly District Fisheries Officer. The capacity of the roles of inspection beyond Daru are of limited capacity. Lack of rapid response capability being an aspect of this.

Provincial Fishery Management Committee For Beche-de-mer PMAC (Provincial Management Advisory Committee)

CEPA Port Moresby The Conservation Environment and Protection Authority (CEPA) has the capacity to develop policy, strategy, action plans, species management plans, maintain databases in relation to the environment, species and recognised protected areas both terrestrial and marine. In effect the functions required to oversee government function of conservation and sustainable environmental management. The CEPA with the Climate Change Development Authority (CCDA) currently take up the entire eight stories of the Rimbunan Hijau’s left Dynasty Tower at the secure and isolated location of Dynasty Heights. As with NFA it is a fully appointed and secure office required of an agency of national importance, within which the various sectors of PNG environmental management are located. The sections that relate to the South Fly area are: •

Sustainable Environment Programs (SEP);

•

Environment Protection.

There are dedicated, highly qualified staff within these sections who have the capacity of resources to fulfil required functions. Within the SEP Marine Section there is capacity in the oversight of standards in the conservation of species; turtles, dugong and area-based conservation; Maza WMA, Tonda WMA. For CITES there is a single assigned officer in the management in collaboration with NFA in fulfilling CITES obligations in relation to Black Teatfish sea cucumbers. Being an authority CEPA is a semi-government entity that generates revenue; however, it is heavily reliant on recurrent and project funding, notably most recently GEF 4-6 and bilateral support that relate in some way to the South Fly.

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The capacity of CEPA is missing within the provinces. This is taken up within the structure, staff ceiling and budgetary constraints of Provincial Environment officers which do not administratively come under CEPA but under the various Provincial Administrations.

Tertiary Institutions •

University of PNG Motupore Research Station.

•

PAU, UOG, UNRE.

Though these institutions run courses and offer qualifications in environmental science including marine this is mostly highly theoretical with limited field application. Also universities are stronger in offering education, and they are weak in applied research apart from research from post graduate studies on a topic of interest which is limited.

Research Institutions •

National Research Institute.

•

Institute of National Affairs.

These institutions are involved in published research some of which is commissioned in order to secure funding. This is therefore limited but offers opportunity.

OUTCOME 2. TO STOP IUU IN THESE WATERS

Across the Trans-Fly and Torres Strait transboundary areas the historical familial, cultural and trading linkages among populations have been recognised within agreements that aim to protect the way of life of ‘traditional inhabitants’, conserve the environment and promote sustainable livelihoods (Torres Strait Treaty 1978, Basic Agreement between the Government of PNG and the Government of the Republic of Indonesia on Border Arrangements from 1974).

A priority environmental concern in the ATS is therefore the catch of sharks and rays from IUU (ProDoc). With IUU foreign fishing activity and resultant bycatch inside the PNG EEZ.

The strategy outlined in the Project Document to achieve this outcome is to strengthen community-based monitoring, control, and surveillance (MCS). Such that, an MCS reporting system would be developed (ProDoc). It also extends this to stop poaching and regulate cross border trade across the PNG-Indonesian border in the Tonda WMA of beche-de-mer, shark fin (ProDoc). 30

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STAKEHOLDERS Village based IUU Community-based monitoring •

Ward Development Committee.

•

Village Court, Peace Officer, Magistrate.

•

Maza WMA and Tonda WMA, Rangers within the Fauna (Protection and Control) Act (1966).

Sub National Government •

South Fly Local-level Government.

•

Western Administration, Provincial Fisheries.

LOCAL COASTAL IUU Illegal Unreported Un regulated (IUU) fishing is occurring along the coastal villages of the South Fly and varies between the western, central and eastern villages. Busilacchi et al. (2018) outlined that the main driver was a lack of access by villages to distant markets and economic growth centres, also a driver of poverty in these village communities. High value commodities such as dried sea cucumbers bêche-de-mer, shark fins and swim bladders (maw) from barramundi and jewfish have a high demand (Busilacchi et al. 2018) that also drives the market. Western coastal villages; Bula, Jarai and Mari find it difficult to travel to Daru and instead sell to traders from Indonesia who travel by boat from Merauke across the Indonesian-PNG border to purchase marine produce and trade goods with villagers. Also, fishers from the coastal villages set up fishing camps, targeting shark fins and fish bladders specifically to trade with Indonesian traders. These are taken from coastal and estuarine areas and includes jewfish, sharks, and rays usually taken with gillnets, and mud crabs. PNG fishers also cross the PNG-Indonesia border by boat and sell these high value marine products in Merauke (Busilacchi et al. 2018). Whilst fuel in Indonesia is subsidised it is cheaper than it is in Daru making it more viable to trade across the border than within PNG. The central villages Tais, Buji/Ber, Sigabadaru, Mabadauan travel to the Torres Strait Islands of Boigu, Duan and Saibai, to sell barramundi meat, Mud Crabs and shellfish. There is also some trade with Indonesian traders of barramundi bladders, whilst shark fin is traded with PNG middle-men based in the village (Busilacchi et al. 2018). Since 2006 there has been increased Australian surveillance effort, which has significantly reduced incidents of illegal fishing by unlicensed PNG and Indonesian vessels. Compliance issues and future priorities focus on the curtailment of illegal and unlicensed fishing, mainly for sea cucumber and crayfish in Australian waters by PNG smallscale fishers. There is some collaboration between Australian and PNG enforcement officers, but wider cooperation is limited by the lack of capacity among PNG agencies. 31

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The eastern villages Old Mawatta, Kadawa, Tureture, Katatai, and Daru are closer to coral reef habitats, and as a result harvest a broader range of species, such as tropical rock lobster, barramundi, jewfish, reef, coastal, and freshwater finfish, shellfish, sharks, and rays. They sell finfish, shellfish and crabs in the Daru market run by Daru Local level government sell rock lobsters, barramundi, and jewfish meat and bladders and shark fins with licensed marine buyer/exporters on Daru. High-value products; BDM, shark fin, and fish bladders are also traded with Indonesian traders. Fly River immigrants, especially men, have recently relocated into fishing camps along the coast trading mainly shark fins and fish bladders with the Indonesian traders that leads into value chains which culminate in Hong Kong, Malaysia and Singapore. Local resource owners have contributed to the Dugong and Turtle plan and they are good at reporting any illegal activity (Leverington et al. 2017). The drivers of illegal trade are complex. On Daru in-migrants displaced from areas along the Fly River impacted by Ok Tedi who have no income and are in poverty turn to exploitation of others traditional fishing grounds and involvement in illegal trade (Busilacchi et al. 2014). In addition, others come to Daru to receive their annual per capita compensation payment, and many remain, resulting in additional fishing and harvesting pressure on locally-owned resources. This is generating significant tension between local resource owners and transient and squatter settlers, that is fuelling illegal fishing in the shared Torres Strait Protected Zone. In 2009-2015 the beche-demer fishery a primary source of income was closed in PNG waters by the National Fisheries Authority for due to overharvest of stocks. The closure resulted in illegal fishing of under-sized beche-de-mer, and increasing tension between coastal communities who abide by the ban and immigrant Fly River fishers who ignore the ban. This illegal fishing is also evident on the Warrior Reef in the shared Protected Zone (Butler et al. 2018). With weak governance, lack of enforcement, corruption, disregard of traditional resource management, a lack of income opportunity and neglect by the government of their situation, this stressed social-ecological system is leading to a potentially increasingly dire situation. Village based IUU Community-based monitoring Communities have the capacity to report through the usage of mobile phones when the network is up, of illegal fishery activities or the poaching for illegal trade. However, if Indonesian buyers are offering fair or better offers in the purchase of marine products than can be gained locally, there is little incentive to report these activities. Ward Development Committee Village Court, Peace Officer, Magistrate Although these people are well placed in the landscape in a monitoring capacity, these officials have limited legal powers and jurisdiction. Though by custom they have rights over their resources and in many instances the confidence to apply these rights in the questioning of activities by their 32

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own people or outsiders in the unallowed use and exploitation of resources. They lack capacity in not having the training, or resources to be most effective in surveillance and potentially apprehension of fishers engaged in illegal activities.

Maza WMA and Tonda WMA, Rangers within the Fauna (Protection and Control) Act (1966) There are no active legally recognised rangers who can use their designated powers under the Act (see Appendix 1) in relation to these gazetted areas. There is no capacity to manage by designated rangers and all the support that this group would require as neither currently exist. There are potential candidates that could be chosen from each village and Daru to be trained as Rangers but without Community endorsed Management Plans for these Protected Areas, the roles and duties are not clear. There is no capacity to develop this as there is no program or recurrent funding program to support such. Until such time as these rangers are gazetted, trained in their roles as in Appendix 1 and are resourced to patrol the extensive and challenging environments of these two large protected areas this is a major capacity gap.

CEPA SEP wing staff were trained in the ‘Open Standards’ approach [called Living Management Plans in PNG] of Protected Area Management in 2020. Maza was one of four in depth case studies chosen by CEPA where a team put together a draft Living Management Plan outline, based on the METT (Management Effectives Tracking Tool for Protected Areas) assessment and other available material in preparation to present and build upon this with communities. One aspect of this would be a ranger program. The test of CEPAs capacity to do this would be to work together with Maza WMA Committee members and communities to redevelop the WMA.

The Tonda WMA has not been preliminarily processed to the same level of intensity as Maza by CEPA staff.

The TSVP ‘Rangers’ have not been trained as in the Indigenous Ranger Program of Aboriginal and Torres Strait Islanders where Indigenous people combine traditional knowledge with conservation training to protect and manage their land, sea and culture. The trade skills that the TSVP ‘rangers’ have received is different, with a different purpose. IUU WITHIN THE GREATER PNG EEZ ‘DOGLEG’ OVER THE HORIZON FROM COASTAL COMMUNITIES STAKEHOLDERS Response PNGDF-ME Guardian-class patrol boats and Balikpapan-class landing craft response Pt. Moresby HMPNGS Basilisk PNGDF Landing Craft Base in Port Moresby.

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•

PNGDF Forward Operations Base Kiunga.

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PNGDF Forward Operations Base Weam.

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Merauke-Sota-[Traditional Border Cross (TBC) permits ]-Wereave-Weam.

Daru •

NIO intelligence capability.

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RPNGC licenced to carry arms.

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Customs licenced to carry arms.

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NAQIA.

Cross Border PNG-Indonesia Land Surveillance There is a forward base at Weam a remote inland border post in Morehead LLG Area of Western Province [other line enforcement agencies are RPNGC, PNGDF, Customs, NAQIA, Immigration] (Martin, 2015). This is to assist control cross border fishers, refugees and illegal trade. At this point NFA also has a Planned Monitoring, Compliance and Enforcement System to be established at this forward base.

Vessel Surveillance There are National PNG agencies that have the mandate to track vessels within this area.

This is coordinated through the PNGDF (Papua New Guinea Defence Force) Marine National Surveillance Centre Base in Port Moresby with NFA. NFA has a Vessel Monitoring System (VMS) intelligence surveillance program that integrates national and regional agency response. The centre coordinates 24/7 the monitoring of fishing in restricted fisheries waters and facilitate effectives warning and reporting to appropriate agencies. The National Maritime Safety Authority (NMSA) monitors tracking transponders on international vessels traversing shipping lanes

The Australian Defence Force (ADF) gives PNG hours in the annual Orion tracking program within PNG EEZ that allows planning for the PNGDF Maritime Element to be on site in the incidence of any detected illegal vessel for investigation. The ADF also responds to PNG requests through the Australian High Commission in Port Moresby as the PNG-Australian border security is also of national interest to Australia.

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DCP- IUU Coordination Committee Meetings There is a Defence Cooperation Partnership Agreement (2013) (DCP) between Australia and PNG that has an influence in the ATSEA-2 area of PNG. This is in assistance to the PNGDF Maritime Element (PNGDF-ME) that supports an effective PNGDF maritime security capability through technical assistance, maintenance support and operations advice which enhances the PNGDF’s limited resources and develops PNGDF-ME skills. This enables the PNGDF-ME to fulfil its maritime surveillance responsibilities within PNG’s Exclusive Economic Zone.

The DCP supported the PNGDF-ME’s with currently two Guardian-class Patrol Boats and two more to be commissioned in 2022. In FY13-14, DCP support was to enable the PNGDF-ME to complete at least ten National Fisheries Authority NFA and two Customs Patrols (Bennett & Egudo 2014) within the entire EEZ (see Figure 13). It is not known what the future support will be as the lack of vessels is now a large capacity constraint. Also, PNGDF Guardian-class patrol boats being located at Manus is 1200 nautical miles from the southern PNG-Indonesian border or 100 hours sailing time to relocate to the PNG EEZ ‘Dogleg’ at South Fly, which is another major constraint to effective surveillance response.

Figure 13. PNGDF-ME Lombrum base with 3 decommissioned patrol boats 2021, in the foreground and the Guardianclass patrol boat HMPNGs Ted Diro behind from The National 2021b

NMSA This agency is not present in the South Fly. The Port of Daru is a shallow water port, though there are plans to dredge and establish a port for deeper draft vessels (see Figure 14). PNG Ports is located on Daru however there is no NMSA National Maritime Safety Authority office.

Figure 14. Looking north, the Port of Daru served by landing craft ‘barge’ vessels. PNG Coastline on horizon - 2021 photo

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Daru NIO intelligence capability The NIO is to ‘collect, collate and process intelligence information providing timely, accurate and impartial assessments, forecasts and reports on: (a) Matters affecting the maintenance of good order in the country; and (c) The preservation of national sovereignty and the detection of any attempts by a foreign power or person to engage in economic activities contrary to Papua New Guinea’s interests; and (e) Future trends of the availability of resources and of prices as these could have implications for Papua New Guinea’. The identity of the Organization's agents and employees is to be kept secret, and divulging the identity of any such agent or employee is an offence. So such persons though playing a role are not available to directly be seen as a stakeholder. RPNGC The Royal Papua New Guinea Constabulary (RPNGC) has a limited on-strength capacity on Daru Island with PNG nationally having one of the lowest police to population ratios in the world (Anon 2020b). Though they are licenced to carry arms and uphold the laws of the Independent State of PNG they are undertrained, underfunded and lack law enforcement tools e.g. radios and weapons (Anon 2020b). In joint operations with the Gazetted Fishery Inspector, they have the power of arrest when laws are being breached. With charges laid there is a well-appointed District Court house Department of Justice and Attorney General located in Daru. As required a Mobile Squad can be deployed to Daru. However, in one such deployment (Anon 2020a), the team deployed to police the PNG-Indonesian border was stranded because the South Fly Administration and police hierarchy lacked sufficient funds for this operation. In an operation in early 2020 the National Security Unit and National Drug Squad in patrols along the PNG-Indonesian border from Bula, Weam to Suki where there is no police post, arrested Indonesian buyers within PNG (Fairparik 2020). Within the confiscated items were dinghies, nets and deer horn, destined for the black market (see Figure 15).

Figure 15. Confiscated items Daru Police Station 2020 36

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Customs These officials are also licenced to carry arms. However, they are not given the required capacity to fulfil a surveillance capability.

OUTCOME 3. EFFECTIVE CROSS BORDER RELATIONSHIP OVERSIGHT AND MANAGEMENT OF THE EASTERN ARAFURA SEA There are huge standard of living disparities of PNG communities compared to those immediately across the PNG-Indonesian border (Fairparik 2019) and the PNG-Australian border (Busulacchi et al. 2019; Moran & Curth-Bibb 2020) in Social Services; health, education, Infrastructure; roads/airstrips, electricity, water supply and Economic opportunity in markets and trade.

INTER-COUNTRY COLLABORATIVE FRAMEWORK

PNG-Indonesia Treaty of Mutual Respect Friendship and Cooperation between Indonesia and PNG 1986. Further border agreements have followed, in 1990, 1992, 2003 and 2013 (Frith 2014).

PNG and Indonesia formalised diplomatic ties rightly after PNG became an independent country on 16 September 1975. The issues of Papua often tend to dominate the talks between Indonesia and PNG in most bilateral meetings and agreements. Since then, Indonesia started to build a strategic cooperation with PNG in border management. Both countries are committed to secure natural resources in the border and fight transnational crimes of illegal border crossers and illegal logging (Farneubun circa. 2016).

Papua New Guinea has not had the capacity to develop the remote PNG-Indonesian border on the south coast. Potentially a free trade zone following the PNG Free Trade Zones Act 2000 could be developed through the establishment of a trade post in Bula which would provide PNG border communities with a legal and monitored access to the Indonesian market.

If a free trade zone were created, PNG fishers could have direct access to lucrative Asian and Australian markets, which could possibly offer higher prices (Moran & Curth-Bibb 2020) whilst the proper management of the fisheries would be better informed through the collection of data from the species and volume of this trade. 37

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PNG-Australia This relationship goes back to pre-annexation of British New Guinea in 1884 through the pearl fishery within the Torres Strait that influenced the placing of the border in 1879 by the Colony of Queensland now a state within the Australian Commonwealth and the now Independent State of PNG (see Figure 16). Under the Torres Strait Treaty 1978, which came into effect in 1985, PNG citizens from thirteen nominated villages, those within coastal South Fly may make traditional visits to the Torres Strait Protected Zone, which extends to 10 degrees 30 minutes south latitude in Australian territory (see Figure 17). Tens of thousands of visits by Papua New Guineans use this opportunity each year, and PNG Customs, Immigration and Police regularly conduct joint border patrols with Australian Customs and Border Security, Australian Federal Police and Queensland Police in the search vessels engaging in illegal fishing (Frith 2014).

Figure 16. Colony of Queensland Border Bill 1879 Zoned in Australia

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Figure 17. Sign on entry points into TST Zones in Australia

In early December 2012 an MoU was signed (between the Australian DSEWPAC and PNG Department of Environment and Conservation to promote closer Australian-PNG cooperation on a range of issues in Torres Strait (Butler et al. 2012). Further to this a Joint Declaration for a New Papua New Guinea-Australia Partnership, was signed in 2013 (Frith 2014).

Despite these barriers, people in PNG Treaty villages adjacent to the Torres Strait Islands (i.e. Mabuduan, Sigabaduru, Buzi and Ber) use the Treaty’s provisions to take advantage of their proximity and kinship relationships and access the Australian markets, both local and on the mainland.

As a villager in Mabuduan explained in 2016, “We don’t go to Daru. It’s too expensive to travel and to purchase goods. Less travel to Saibai” (Moran & Curth-Bibb 2020).

South Fly fishers of the economically valuable fisheries lack the resources both capital and human required to exploit these fisheries. Both the assets and skills that are required to operate are generally unavailable in PNG. Local people also lack the skills, knowledge and financial capital to apply for cross-border fishing licences, which would allow PNG traditional inhabitants to take advantage of the 25 per cent share of the catch in Australian waters of the TSPZ.

Some of the unsustainable fishing practices such as the illegal exploitation of sea cucumbers during closed seasons, the catching of over- and under-sized barramundi and the targeting of barramundi 39

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and Black Jewfish spawning aggregations are threatening the long-term sustainability of these species. The overfishing is in part due to a combined lack of PNG and Indonesian capacity for the monitoring and enforcement of fishing and trading activities and the increasing global demand for these products as well as limited alternative livelihood opportunities. Adaptive governance has long been promoted as a mechanism that can build the capacity of actors and ecosystems to be flexible and dynamically respond to unanticipated change. The Torres Strait fisheries management structure has the advantage of allowing representation by Australian and PNG stakeholders and enabling regular meetings. However, PNG representation is generally poor due to capacity and resource constraints, which further enables Australian interests and policies to take precedence, thereby exacerbating the mismatch (Moran & Curth-Bibb 2020).

Clearly the governance of shared marine resources and their exploitation and trade needs to be re-examined in the context of rapid change and the growing social and political asymmetries between Australia and PNG and PNG and Indonesia. This is paramount if the overexploitation and collapse of key fisheries is to be avoided and rectified and, with it, the prospects for sustainable livelihoods in the South Fly improved. Treaty fisheries management processes should include all relevant stakeholders from across levels and borders and their knowledge and perspectives should be accommodated equally. Current arrangements are dominated by Australian authorities and their resourcing, which limits the opportunity for PNG involvement. Higher-powered actors in the cross-border value chains into Indonesia should also be included to provide potential solutions to the issues of overexploitation and poor terms of trade for local fishers (Moran & Curth-Bibb 2020).

There is a need to address the root causes of current unsustainable livelihoods, while also taking into consideration the needs of people in the South Fly. Improving the sustainability, transparency and legality of existing livelihoods and trade networks while ensuring greater returns to fishers and local actors through alternative culturally appropriate enterprise (Moran & Curth-Bibb 2020). The distance of the villages from Daru and Daru from Port Moresby makes access to markets complex and costs of freight prohibitive for all but high value marine produce. Also when looking west from Port Moresby the more difficult it becomes to conceptualise and realise these complexities (see Figure 18).

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Figure 18. The Isolation of the Village reality in South Fly

THE SPF STAKEHOLDER PARTNERSHIP FORUM Before looking at this capacity an outline of the SPF Stakeholder Partnership Forum’s role is in making the outcomes happen. Aim The SPF aims to strengthen the overall participatory processes at all geopolitical levels (ProDoc). Mandate Members of SPF must contribute to maintaining the socio-ecological sustainability of the resources within the South Fly that sustainably supports the coastal communities’ fishery interests. Representation and Mechanism The mechanism for stakeholder participation, including establishment of a Stakeholder Partnership Forum (SPF) will bring together representatives from: 1. 2. 3. 4. 5. 6.

Local communities; Local government [LLG, Western Provincial Govt.]; The private sector; [Marine Buyers/Exporters]; National government; NGO,; Academia and scientific institutions.

It is also innovative and enhances the likelihood for sustaining continued implementation of the SAP and NAP, by reaching out to a broader spectrum of stakeholders, expanding the level of ownership, and encouraging a wider use implementation options including public-private partnerships.

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For PNG the representation within the Stakeholder Partnership Forum (SPF) is an Institutional Framework to manage the South Fly component of the ATSEA-2 project. In the context of PNG and the broader Arafura and Timor Seas including the Torres Strait it is best served by a consortium that has representation from the resource owner-user, industry buyer-marketer and agencies that regulate, monitor and ensure compliance within laws and management plans of the government. The SPF will also maintain a scientific sub-committee (ProDoc).

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Table 1. Outlining various capabilities of the different Stakeholders

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DISCUSSION AND RECOMMENDATIONS The SPF will be best served by bringing people together to complement each other’s capacity strengths. Those with high interest and also Influence will likely drive the needs of the fishers and communities with agencies contributing to the sustainability of this.

Though the stakeholder capacity table can be used to draw general discussion it must be remembered that there is variance within and across these stakeholders as has been outlined in the body of this document. It serves as a guide.

High Interest High Influence Cluster These are represented by the leadership and governance sectors of the communities. The tribal/clan leaders, the elected ward member who serves on the Local Level Government Assembly. Women’s’ Groups, Youth Groups and the formal Tonda and Maza WMA Committees who have responsibility over these areas. These represent the interest of the communities who though they have a high interest as individuals have low influence, unless the form a united group such as a Fishers’ Association that focusses their direct interest. The Marine-Buyers/Exporters also are within this group as they have a commercial interest in the fisheries and exert influence through their buying power that puts cash into the local economy (see Figure 19).

Illegal buyers have a high interest and have similar influence in communities but are not a legitimate voice on the SPF but understanding their influence is important.

Figure 19. High Interest High Influence Stakeholder Cluster

The Capabilities of this cluster are high in Traditional/Ecological Knowledge, and Rights but are variable in their ability to plan, coordinate, and monitor projects. Access to utilities market and finance are low. These weaknesses in part are overcome by Buyer-Exporters.

High Interest Medium High Influence Cluster

These are represented by the WDC who is the mid-level of management within the community and being of community members of good standing may also have leaders who are fishers and therefore have much to contribute. The ‘rangers’ who have received training and are members of WDCs are an example of when skill set training is supported with oversight, planning and funds that influence can be increased. The local NGO that has expertise from the area and therefore understands the context can with support and information also by empowering people with this have a very effective increasing influence (see Figure 20).

Figure 20. High Interest Medium High Influence Stakeholder Cluster

The Ward Development Committee and Torres Strait Treaty ‘Rangers’ who are on the WDCs have strength in Knowledge and as recognised groups less rights (though they may have high individual rights) and they have reasonable project capability. Being based in the community they again lack utilities, ability to enforce and poor access to markets and finance. An NGO being based in Daru can complement these community-based capacity strengths with their access to being in the Provincial centre which still has its challenges.

Medium High Interest High Influence This is to be found within the Village Court that has jurisdiction across a circuit of villages and the officers are based within different villages. Though these receive training it is within the matters of the court. This court relies on customary law in hearings that relate to use of the natural resource base and has strong capacity in community-based knowledge and governance. In hearing court it

faces funding constraints and access to basic utilities. Its influence is in its valued leadership and ability to enforce, and issue penalties under the Village Court Act in different matter some of which relation to natural resource use (see Figure 21).

Figure 21. Medium High Interest High Influence Stakeholder Cluster

Medium High Interest Medium High Influence Cluster This is found in the first layer of governance in the Local Level Government where decisions are made in the development program of wards/villages. This can be taken up also to the Provincial and National level of government where the funding is held. The District Fisheries Office in the South Fly has the responsibility of fishery in the ATS (Arafura Timor Sea) area and there is a level of interest but also with some reservation on how they will be supported by yet another initiative in what is a difficult area to work and with many constraints to work within as a point between fishers, communities, buyers and national government agencies. This is a key division and the District Fisheries Officer a key person in the SPF. The two primary National Agencies of NFA and CEPA are found in this cluster as they have the technical staff who are vested with responsibility at the high level for the overall oversight of the species that local fishers/buyers are customarily and commercially interested in. They are however removed from the on-ground outcomes of their contributions in the South Fly area. They are closer to the policy, laws and management plans which are often not socialised or realised in the real sense on the ground and do not always have the capacity or resources to take this down to the Provincial or District or Local level (see Figure 22).

Figure 22. Medium High Interest Medium High Influence

This is a mix of the Local Level Government, Provincial and National agencies in fisheries and environment. The capacity strengths are in data, project planning coordination and monitoring and capability to enforce. They also have better access to utilities. This cluster compliments the community-based stakeholders. COMBINED STAKEHOLDERS THE SPF When these clusters are combined, all capacity elements are complimented with high level scores, except for Funding, and Capacity to Enforce. These capacity elements can be covered by OTML, PNG Sustainable and other potential funding sources and the Enforcement from RPNGC, PNGDF, Customs and NAQIA, each with different functions and who are based in Western Province and in Daru. In combining the stakeholders with Medium to High Interest and Influence with others to fulfil these capacities therefore would bring strength to the forum. Individuals within institutions that show these traits of interest and influence underpinned by an applied understanding in their field of capability being invaluable (see Figure 23).

Figure 23. Combined Medium High to High Interest-Influence Clusters

Development in relation to the SPF The following is part of a South Fly District Workshop held in in favoured modality of the hotel function rooms of the nearest regional centre Daru. To be fair it was after extensive field work by the workshop facilitators who brought together stakeholders who in turn identified 8 ‘themes of development challenges, some of which could be regarded constraints.

It is from these stakeholders that the core of the SPF that will be influenced by the ATSEA-2 Project and therefore should influence the planning and implementation of its Outcomes.

Government agency staff often do not think outside their silo to see how their expertise contributes to the common good across agencies.

Figure 24. a. Makeup of PNG participants. 24. b. Suggested development challenges. Graphs based on data and adapted table below from Butler et al. (2015)

Table 2. Suggested governance actions from workshop findings

The issues faced by coastal villages as expressed by these participants had a strong government riverine-marine response (see Figures 24a & 24b). From the most identified theme the suggested action by these participants that relates to GOVERNANCE of development in the South Fly is represented in the table on the right (Table 2). Also the

suggested stakeholders are listed drawn from the agencies that were all present in the workshop.

Noticeably absent however is village representation, CBOs who are the effected recipients of ‘development plans’ yet not included to offer their perspective in the coordination and monitoring of that ‘development. Nor the fishery businesses from which fishers who trade marine resources for cash though their identified markets.

Though this workshop brought different stakeholders together it did not lead to the Actions 1 or 2 being implemented.

Of Note: 1.

The agency offices are scattered in Daru and tend to work within this space;

2. For IUU in reported cases the response does lead to interagency collaboration; 3. Despite OTML/OTDF being a part of these discussions it did not lead to ongoing collaboration, supporting or linking their program within the South Fly 5 year Development Plan.

Moreover, interventions are commonly implemented without an understanding of mainstream development practice. As proposed by Banks et al. (2013) any intervention should be integrated with local community and government programmes and plans no matter how unstable these are (Busilacchi et al. 2019).

NIMC The NIMC has a key role in: •

Facilitating cross sectoral coordination;

•

Ensuring program is in line with national priorities;

•

Supporting NAPs and SAPs in natural resource management;

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Facilitating mainstreaming SAP financing;

•

Liaising in achieving synergies with other programs e.g. CTI;

•

Policy centred activities.

The National Inter-Ministerial Committee therefore must hear the voice from the fishers in the community, from individuals who understand the bigger picture of the programs and plans of the diverse fisheries across the South Fly that are in place and who has the capacity to advocate. It will be most effective when informed by the SPF and to also have representation from the SPF that can bring the on-ground perspective to inform discussion.

The persons to be members of the NIMC to drive this, chosen from the SPF and based in the South Fly are to be determined, possibly by the District Management Committee in consultation with the Local Level Government Assemblies based in Daru. A possible candidate would be the District Fisheries Officer, a position that would offer a broad applied technical viewpoint to the NIMC which would have added value. Gender balance and representation by women must be a guiding factor.

The Ministries of Fisheries, Conservation and Climate Change, have a primary responsibility to be represented at this level in regards to the Fishery. In regards to sovereignty of the EEZ the Ministry of Justice, and due to cross border oversight, Defence, have a role in fulfilling bilateral agreements that maintain the sensitivities of the PNG-Indonesia and PNG-Australian Borders. As there is an issue with illegal trade across the PNG-Indonesia and to some extent the PNG-Australian borders there is much needed bilateral discussion needed, not just in surveillance of the borders, but in investigating the opportunities of opening a cross border free trade zone. The Ministry of Foreign Affairs and Trade could offer negotiated solutions that present such opportunities.

ACRONYMS

ADF AIDAB Assoc ATS ATSEA-2 BDM BMAC BRTV CBD CBD CBO CCA CCDA CEPA CITES DCP DFAT DJ&AG DSEWPAC EAFM EEZ GEF GPS HMPNGS IAI Inc. IPA IUCN IUU LLGov LMS MCS MoU NAQIA NARI NAP NFA NGO NIMC NIO

Australian Defence Force Australian International Development Assistance Bureau Association Arafura and Timor Seas Arafura and Timor Seas Ecosystem Action - Second Phase Beche-de-mer Barramundi Management Advisory Committee Border Region Treaty Villages [UN] Convention on Biological Diversity Central Business District Community Based Organisation Community Conservation Area Climate Change Development Authority Conservation and Environment Protection Authority Convention on International Trade in Endangered Species [of Wild Fauna and Flora] Defence Cooperation Partnership Department of Foreign Affairs and Trade Department of Justice and Attorney General Department of Sustainability, Environment, Water, Population and Communities Ecosystem Approach to Fisheries Management Exclusive Economic Zone Global Environment Facility Global Positioning System Her Majesties’ Papua New Guinea Ship Innovative Agro Industries Incorporated Investment Promotion Authority International Union for Conservation of Nature Illegal Unreported and Unregulated Local-level Government London Missionary Society Monitoring, Control and Surveillance Memorandum of Understanding National Agriculture Quarantine Inspection Authority National Agriculture Research Institute National Action Plan National Fisheries Authority Non-Government Organisation Nation Inter-ministerial Forum National Intelligence Organisation

NMAC NMSA OTDF OTML PA pers comms PIMS PMAC PNG PNGDF PNGDF-ME PPB ProDoc RPNGC RRRC SAP SE SPF TAC TSPZ TST UN UNDP VMS WCPF WDC WMA WWF

National Management Advisory Committee National Maritime Safety Authority Ok Tedi Development Foundation Ok Tedi Mining Limited Protected Area Personal Communication Project Information Management System Provincial Management Advisory Committee Papua New Guinea PNG Defence Force PNGDF-Maritime Element Pacific Patrol Boat Project Document Royal PNG Constabulary Reef and Rainforest Research Centre Strategic Action Plan South East Stakeholder Partnership Forum Total Allowable Catch Torres Strait Protected Zone Torres Strait Treaty United Nations UN Development Program Vessel Monitoring System Western and Central Pacific Fishery Ward Development Committee Wildlife Management Area World Wide Fund for Nature

REFERENCES Anon. 2002. Australia, Indonesia, Papua New Guinea Tri-National Wetlands Initiative WWF Anon. 2019. SDP Refurbishes Daru barramundi hatchery Post Courier 27 November Anon. 2020b. Papua New Guinea 2020 Crime and Safety Report. OSAC US Department of State Anon. 2020a. PNG police squad stranded in Daru Radio New Zealand 24 April Anon. 2021a. Firm training mud crab farmers for export opportunity The National 22 January Anon. 2021b. Vessels decommissioned The National 19 April Arthur, W.S. 2004. Bridge or barrier: The Torres Strait borderland, in Woven Histories, Dancing Lives Torres Strait Islander Identity, Culture and History in Richards, D.L. (ed.). 2004. Aboriginal Studies Press: Canberra, Australia, pp. 207–216 Banks, G., Kuir-Ayius, D., Kombako, D. & Sagir, B. 2013. Conceptualizing mining impacts, livelihoods and corporate community development in Melanesia. Community Dev. J. 48:484-500 Bennett, P. & Egudo, M. 2014. Pre-Deployment Handbook Papua New Guinea Joint and Operations Analysis Division Defence Science and Technology Organisation Bowe, M. 2007. Community-Based Conservation in the Trans-Fly Region, in Marshall, A.J. 2007. The Ecology of Papua, Periplus, Singapore Busilacchi, S., Butler, J.R.A., Skewes, T., Posu, J., Shimada, T., Rochester, W. & Milton, D. 2014. Characterization of the traditional fisheries in the Torres Strait Treaty communities, Papua New Guinea Busilacchi, S., Butler, J.R.A., Skewes, T.D., Posu, J., Shimada, T., Rochester, W.A. & Milton, D.A. 2015. Characterization of the Traditional Artisanal Fisheries in the Treaty Communities of Torres Strait (Papua New Guinea); Report to the Australian Fisheries Management Authority; Australian Fisheries Management Authority: Canberra, Australia, pp. 1-122 Busilacchi, S., Butler, J.R.A., Rochester, W. & Posu, J. 2018. Drivers of illegal livelihoods in remote transboundary regions: the case of the Trans-Fly region of Papua New Guinea. Ecology and Society 23(1):46

Busilacchi, S., Butler, J.R.A., Van Putten, I., Cosijn, M., Posu, J. & Fitriana, R. 2019. Trading wildlife through illegal value chains while the legal value chains are left wanting more: The case of the South Fly, Papua New Guinea. Manuscript in preparation Butler, J.R.A., Bohensky, E., Maru, Y., Busilacchi, S., Chewings, V. & Skewes, T. 2012a Synthesis and projections of human population and socio-economic drivers in Torres Strait and Western Province, PNG NERP Tropical Ecosystems Hub Project 11.1 Building resilient communities for Torres Strait futures Butler, J.R.A., Tawake, A., Skewes, T. & McGrath, V. 2012b. Integrating traditional ecological knowledge and fisheries management in the Torres Strait, Australia: the catalytic role of turtles and dugong as cultural keystone species. Ecology and Society 17,34 Butler, J.R.A., Busilacchi, S., Posu, J., Liviko, I., Kokwaiye, P., Apte, S.C. & Steven, A. 2015. South Fly District Future Development Workshop Report. Report prepared by CSIRO Oceans and Atmosphere, Brisbane, and the Papua New Guinea National Fisheries Authority, Port Moresby. 38 pp. Butler, J.R.A., Busilacchi, S. & Skewes, T. 2019. How resilient is the Torres Strait Treaty (Australia and Papua New Guinea) to global change? A fisheries governance perspective. Environ. Sci. Policy 91:17-26 Chatterton, P. circa 1998. Conservation by Communities of the Tonda Wildlfe Management Area, Cultural Ecology, Australia Chatterton, P., Yamuna, R., Higgins-Zogib, L., Mitchell, N., Hall, M. Sabi, J. & Jano, W. with Duguman, J., Mogina, J. & Mowbray, D. (eds.). 2009. An Assessment of the effectiveness of Papua New Guinea’s protected areas using WWF’s RAPPAM methodology. WWF, DEC, TNC, PNGFA & RCF Fairparik, C. 2019. People crying out for help, development at the border The National 30 October Fairparik, C. 2020. Man arrested for alleged trading of deer horns, sex drug The National 3 January Farneubun, P.K. circa. 2016. Indonesia-PNG Cooperation: Papua Strategic Roles ICSBP Conference Proceedings [International Conference on Social Science and Biodiversity] Knowledge E Filer, C., Haberle, S., Hide, R., Lawrence, D., Smith, B. & Hitchcock, G. 2004. Interactions Between Local/Indigenous Communities and the Natural Environment in Far North Queensland and Southern New Guinea A partial review of research to date. Resource Management in Asia-Pacific Working Paper No. 52. ANU

Filer, C. & Jenkins, P. 2017. Negotiating Community Support for Closure or Continuation of the Ok Tedi Mine in Papua New Guinea. in Filer, C., & Le Meur, P-Y. (eds.). 2017. Large-Scale Mines and LocalLevel Politics: Between New Caledonia and Papua New Guinea, ANU Press, Canberra, Australia, pp. 229-259 Fisher H. 2010. The Biology, Socioeconomics and Management of the Barramundi Fishery in Papua New Guinea's Western Province. Canberra, Australia: Australian Centre for International Agricultural Research Frith, S. 2014. Security in Papua New Guinea: The Military and Diplomatic dimensions. Security Challenges 10(2):97-114 Harper, S., Adshade, M., Lam, V.W.Y., Pauly, D. & Sumaila, U.R. 2020. Valuing invisible catches: Estimating the global contribution by women to small-scale marine capture fisheries production. PLoS ONE 15(3): e0228912 Holland, J. 2018. Australian authorities seize illegal catch near Saibai Island 29 May www.seafoodsource.com Johannes, R. & MacFarlane, J.W. 1991. Traditional Fishing in the Torres Strait Islands. CSIRO Division of Fisheries, Hobart, Australia Leverington, F., Peterson, A. & Peterson, G. with Jano, W., Sabi, J. & Wheatley, A. 2017. Assessment of management effectiveness for Papua New Guinea’s protected areas 2017. Final Report. SPREP, Apia, Samoa Martin, P. 2015. Papua New Guinea Experience in Sustainable Fisheries Value Consultation on Challenges and Opportunities on Oceans Economy, Trade and Sustainable Fisheries for Pacific SIDS, Melanesian Hotel, Port Vila, Vanuatu 5 Trade and Investment Coordinator Policy and Projects Management Unit National Fisheries Authority Moran, M. & Curth-Bibb, J. (eds.). 2020. Too Close to Ignore: Australia’s Borderland with PNG and Indonesia. Melbourne University Press Nalu, M. 2012. PNGSDP: Barramundi project progressing well The National April 5 Syder, M. 2012. Review of Building Resilience in Treaty Village Program (South Fly District Western Province, PNG) Report to DFAT Tingay, A. 2006. The Ok Tedi mine, Papua New Guinea: Report on Environmental and Health Issues, Independent Scientist for CMCA Review, September 2006

Wali, M. 2021. Agis confident of South Fly’s progress The National 22 January

APPENDIX 1 RANGERS IN THE PNG LEGAL SENSE The appointment of Rangers in the DFAT programs in the South Fly coastal villages is confusing as this term has legal implications within the Flora (Protection and Control) Act 1966 under which the Tonda WMA and Maza WMAs were gazetted in [20 Jan 1975] and [21 Dec 1978] respectively.

Within the Act 20.

Appointment of Rangers.

The Conservator may, by notice in the National Gazette, appoint a person to be a Ranger for the purposes of this Act. 21.

Powers and functions of Rangers.

Subject to any directions of the Conservator, a Ranger is responsible for the enforcement of this Act, and has such other powers and functions as are prescribed. 22.

Power of examination, etc.

(1) Subject to this section, for the purposes of this Act a Ranger may, at all reasonable times and with or without assistants— (a) enter on and search any land, building, aircraft, vessel or vehicle on or in which there is reasonable cause to believe that any animal taken or killed in contravention of this Act is or may be; and (b) require a person to furnish information concerning, or to produce for inspection, any animal in his possession or under his control; and (c) seize and detain for further examination and inspection any animal that has been, or that there is reasonable cause to believe has been, taken or killed in contravention of this Act. (2)

A person who—

(a) hinders or obstructs a Ranger or a person lawfully assisting a Ranger in the exercise of his powers under Subsection (1); or (b) refuses or fails, without lawful or reasonable excuse (proof of which is on him), to furnish information or to produce any animal when required to do so under that subsection, is guilty of an offence. Penalty:

A fine not exceeding K200.00.

Default penalty:

A fine not exceeding K20.00.

(3) The power of entry and search conferred by Subsection (1)(a) shall not be exercised except under a warrant in the prescribed form, issued by a justice on being satisfied as to the matter specified in that paragraph.

PEOPLE CONSULTED Tawa Gebia District Administrator -CEO South Fly District PO Box 13 Daru [email protected] L 6451003 Odori Kolony Provincial Fisheries Advisor Western Province PO Box 16 Daru Dainah Gigiba District Fisheries Officer South Fly [email protected] Daina Exon Budia, Bata Community Development Foundation, PO Box 239, Daru, Meremi Siware Maina Managing Director Maru Marine Ltd PO Box 123 Daru [email protected] Joseph Posu Fisheries Management Officer Fisheries Management Unit NFA PO Box 2016 Pt Moresby L 3090464 [email protected] [email protected] Rickson Lis Sedentary Fishery NFA PO Box 2016 Pt Moresby [email protected] Lorel Dandava [email protected] Vagi Rei CEPA Pt Moresby [email protected] Bernard Suruman CEPA Pt Moresby [email protected] Phelemeya Haiveta CEPA Pt Moresby [email protected] (ret.) Capt. Steven Tobessa, formerly PNGDF-ME PNGDF-NFA National Surveillance Centre

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