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April 17, 2015 Paul Knapman General Manager Intertek Fisheries Certification Ltd. 1801 Hollis Street Suite 1220 Halifax, Nova Scotia, B3J 3N4, Canada Dear Paul: I am writing on behalf of the At-‐sea Processors Association (APA), which remains a registered stakeholder in the Russian Sea of Okhotsk (SOO) fishery certification under the Marine Stewardship Council (MSC) program. A recent tragic event in the SOO fishery has exposed egregious practices aboard a Russian fishing vessel that should have been discoverable by a credible management authority with an effective enforcement program. The failure of the management authority’s enforcement program to detect, or even deter, the practices exposed on board the vessel that sank confirm the previous concerns of many that the Russian Pollock fishery lacks sufficient transparency and enforcement to be effective. I have attached articles reporting on the April 2, 2015 sinking of the Russian pollock vessel Dalniy Vostok. While it has been subsequently reported that the Dalniy Vostok did not possess a valid MSC Chain of Custody certificate, it is operated by Magellan Co., Ltd., which is identified on the MSC website as eligible to use the MSC logo for SOO Russian pollock products. According to the April 9th edition of the Moscow Times, 69 crewmembers lost their lives when the Dalniy Vostok sank. Only after media members began to interview the surviving crew members was it revealed that 40% of the personnel on board were foreign nationals working illegally on the Russian trawler, including 42 individuals from Myanmar. Subsequent articles in the Myanmar Times include allegations that at least some of the foreign nationals were unaware they were being hired to work aboard a fishing vessel. Even more troubling, these articles also report that critical information on the vessel’s condition was intentionally withheld from the foreign workers and that they were denied access to life-‐saving equipment. These articles also reference corruption within the Russian fishery management authority and illegal actions by this fishery participant that contributed to both the vessel’s sinking and avoidable loss of life. The Moscow Times article quoted a Russian government official, “There are no doubts that this is a crime at the base of which lies the greed of the businessmen who owned the vessel and corrupt officials,” Vladimir Markin, an Investigative Committee spokesman, told Rossiya 1 television, TASS news agency reported.
APA and other stakeholders repeatedly expressed concerns throughout the process of certifying the Russian SOO fishery that reliance on Russian government assurances about common practices aboard Russian vessels without adequate independent verification could result in a non-‐credible certification determination by Intertek Fisheries Certification Ltd. (IFC). This tragic incident at sea and the practices it has revealed bear out those concerns. Given the lack of transparency and independent verification within the Russian management authority, and since this fishery is MSC-‐certified, MSC and Intertek Fisheries Certification (IFC) have a right to demand the following from the Russian management authority: 1) A full accounting of the failure of management and enforcement to prevent and detect the practices on board the Dalniy Vostok; 2) Credible evidence to show those practices are not widespread in the fishery; and 3) Credible evidence that shows these failures do not extend to other aspects of fishery enforcement. This evidence must be independently verified. We sincerely hope the Russian government will conduct a thorough investigation of alleged labor abuses and illegal activities and take appropriate steps to protect basic human rights and implement basic fishing vessel safety reforms. But IFC and MSC have a duty here, as well. To the extent that claims of adequate fisheries monitoring and enforcement were provided in the original SOO pollock assessment, such claims rested on the credibility of the Russian fishery management authority. The investigation into this tragic event, particularly given international media interest, could well expose in further detail other poor fishing practices and inadequate fishery management and enforcement. IFC and MSC should demand a full accounting from the Russian authorities on how such gross violations could go undetected by the Russian government and seek independent verification where concerns still exist. The sinking of the Dalniy Vostok is first and foremost a terrible and avoidable human tragedy. It also highlights the reputational risks for everyone -‐ the IFC, the MSC (which is copied on this letter) the supply chain members that sell products from the SOO, the other fisheries that are MSC certified and those Russian fishing companies that abide by the law – when there is not independent verification of attestations of policies and enforcement made by fishery managers when there are serious, legitimate concerns about their veracity. Sincerely, At-‐sea Processors Association
Stephanie Madsen Executive Director cc: Rupert Howes, Chief Executive, Marine Stewardship Council
4/15/15 11:35 AMTrawler tragedy lifts veil on illegal recruitment
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Trawler tragedy lifts veil on illegalrecruitmentBy Wa Lone and Laignee Barron | Tuesday, 07 April 2015
After a Russian trawler crewed in part by 42 Myanmar fishermensank in a tragic disaster last week, the veil was lifted on aduplicitous recruitment scheme that has for years profited byillegally tricking labourers onto fishing boats, The MyanmarTimes has learned.
A file picture taken on March 20, 2013, provided by ShipSpotting.com shows the Stendetrawler in the Canary Islands. The trawler was bought in 2014 by Magellan LLC andrenamed Dalny Vostok. Photo: AFP
Two of the five Myanmar recruitment agencies responsible for sendingseamen aboard the now sunken Russian freezer Dalniy Vostok admittedthey knowingly falsified workers’ registration cards, and said such practiceswere standard in the industry.
The companies told The Myanmar Times they regularly registered recruitedseamen to government-approved vessels, but instead sent the workers intounchartered territories and unpermitted industries, such as the fishingsector.
“That’s a normal case. We always have to do it because the [approved]shipping companies have no jobs, but another, unregistered ship has a
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4/15/15 11:35 AMTrawler tragedy lifts veil on illegal recruitment
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shipping companies have no jobs, but another, unregistered ship has avacancy so we [send them there] even though it violates the laws of theDepartment of Maritime Administration,” said U Soe Tint, manager ofMyanmar Sea Rider Shipping.
Myanmar migrants can work aboard cargo ships, oil tankers or cruisevessels but government rules make it illegal for them to join the overseasfishing industry, which is rife with abusive and exploitative conditions.
It is also illegal to transfer a recruited seaman from one ship to anotherwithout the Department of Maritime Administration’s prior approval, saidU Toe Myint, director of the administration’s seaman department.
But the regulations are flagrantly ignored.
On its website, Sea Rider lists worker registration cards posting seamen tovessels in Malaysia, Singapore and the United Arab Emirates. But in lateNovember, 2014, Sea Rider sent a group of fresh recruits to Busan, SouthKorea where they joined the crew of Russian pollock trawler Dalniy Vostok.
According to manager U Soe Tint, all the seamen accepted the transfer fromvarious posts to the fishing ship. He said they even signed a documentagreeing to crew a vessel not registered with the Myanmar government as itsailed back into Russian waters.
But their families tell a different story; they say the men had no idea theywere being sent to a fishing vessel until it was too late. When the men foundout their lot, they were given no other employment options and, havingalready paid a steep fee to the agency, felt they had little option but to takemenial fishing work in exchange for promised high wages.
Sea Rider admits it sent 27 Myanmar workers to the Russian trawler nowsubmerged in freezing waters of the Northern Pacific. One of those SeaRider recruited is dead and another 13 are unaccounted for, presumeddead.
4/15/15 11:35 AMTrawler tragedy lifts veil on illegal recruitment
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Rescuers search freezing waters off Russia’s far east on April 2 for survivors. Photo: AFP
Ko Zwe Wai Yan, 26, is one of a handful of Sea Rider’s recruits listed by theMyanmar embassy in Moscow as a survivor. His sister, Ma Ei Ei Min, saidhe paid US$2500 to the agency to work on the docks as an engine repairer.
“We have tried to get information about my little brother from the companybut they didn’t want to respond to us because they said they were too busy,”she said yesterday.
She found out her brother was alive via a crew list posted to Facebookfollowing the deadly accident.
Star Global, another recruitment agency that sent Myanmar seamen intothe trawler disaster, said it had knowingly recruited four workers for theDalniy Vostok after South Korean brokers advertised vacancies.
Two of Star Global’s recruits are still missing, nearly a week after the vesselwent down in conditions that rescue workers said would be fatal after just20 minutes’ exposure to the elements.
Star Global manager U Than Chit Kywe said the company knew it wassending workers to a vessel without Myanmar government approval.
“This is the normal way for brokers of Myanmar seaman - even the bigshipping lines do it. They need to do it to create jobs for the seaman,” hesaid.
After catching wise to the five recruiters’ schemes, the MaritimeAdministration indefinitely suspended the agencies’ Seafarer Recruitmentand Placement Service licences.
“We will take action on the companies according to the instructions of thedepartment. The suspension can be temporary or permanent depending onhow the company responds to the victims; we are watching,” U Toe Myintsaid.
In addition to Sea Rider and Star Global, the companies caught knowinglydefrauding registration cards included Top Chance Company, Asia WavService, and Light Oasis.
The latter three declined to comment when contacted by The MyanmarTimes yesterday.
4/15/15 11:35 AMTrawler tragedy lifts veil on illegal recruitment
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The entrance to Sea Riders’ Yangon office. (Wa Lone/The Myanmar Times)
Star Global was the only one that mentioned compensation. It said thiswould be up to the ship’s owner, Russian seafood company Magellan LLC.
The company did not respond to request for comment yesterday, but AlexeiVasin, general director of Magellan LLC, told Interfax that survivors wouldbe given 200,000 rubles ($3500), while the families of the deceased will get500,000 rubles ($8900).
According to the Myanmar embassy in Moscow, the Russian governmenthas already promised 1 million rubles (US$18,000) for the victims.However, it is unclear whether the money will only apply to Russiancitizens or also extend to undocumented migrant labourers.
Rights advocates said yesterday they were not surprised that recruitmentagencies had been engaging in illicit activity, but added that the Myanmarauthorities should have acted earlier to stop the scheme.
“The real fault lies with the Ministry of Labour, which is apparently asleepat the switch when it comes to enforcing its regulations,” said PhilRoberston, deputy director of Human Rights Watch’s Asia Division.
“The Ministry of Labour needs to blacklist everyone involved with these fiveagencies for life from any involvement in labour recruitment, andprosecutors should prosecute those responsible. Anything less than thatmeans that these unscrupulous recruiters will rename and rebrandthemselves.”
In Russia, criminal investigations have already been launched into potentialnegligence that led up to accident, as well as the apparent violations of thelabour laws. The Dalniy Vostok also had fisherman from Ukraine, Latvia
4/15/15 11:35 AMTrawler tragedy lifts veil on illegal recruitment
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labour laws. The Dalniy Vostok also had fisherman from Ukraine, Latviaand Vanuatu on board when it went down.
“The foreign crew are a concern as they were brought to the vessel outsideRussian territorial waters. Therefore they could not obtain work permits inline with the Russian national requirements for foreign workers,” saidVadim Ivanov, vice president of the Seafarer Union of Russia. “All this lookslike an illegal scheme.”
In both 2014 and 2013, Russia granted just one work permit a year toMyanmar nationals.
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4/15/15 11:34 AMCharges for director, CEO of Russian fishing firm
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Charges for director, CEO ofRussian fishing firmBy Wa Lone and Laignee Barron | Wednesday, 08 April 2015
The number of Myanmar fishermen confirmed dead in a Russiantrawler disaster climbed to 16 yesterday, as rescue ships carryingsurvivors and the bodies of victims recovered from the wreckagearrived at port.
At least 16 of the 42 Myanmar fishermen who are suspected to have beenillegally employed on the Dalniy Vostok freezer trawler were identifiedamong the 56 deceased yesterday, according to Myanmar embassy officialswho visited the survivors.
Another four Myanmar seamen are still among the 13 missing crewmembers who rescuers fear were trapped aboard the vessel when it sankinto the freezing Okhotsk Sea on April 2.
The 22 Myanmar survivors who did not need immediate medical attention– along with others from Latvia, Russia, Ukraine and Vanuatu – are beinghoused at hotels in the far eastern Russian coastal city of Yuzhno-Sakhalinsk.
“The survivors will be repatriated by the arrangement of the [trawler’sparent] company. And the 16 dead bodies will also be sent back toMyanmar by the arrangement of the company,” the Myanmar embassy inMoscow said by email yesterday.
As the embassy helped connect families with the survivors, as well asprocure passports for the workers’ eventual repatriation, the RussianInvestigative Committee arrested a director of the trawler’s parentcompany, Magellan LLC, on charges of criminal negligence, according tothe government agency’s website.
An arrest warrant was also issued for the company’s chief executive officer,who is reportedly in South Korea, where many of the Myanmar workerswere initially sent by recruitment agencies to join the Russian vessel’s crew.
No criminal charges or police reports have been filed against the fiveMyanmar recruitment agencies responsible for sending the seamen to thetrawler - in violation of numerous guidelines and domestic laws - theDepartment of Marine Administration said yesterday.
However, the DMA director U Toe Myint did not rule out charges beinglaid.
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4/15/15 11:34 AMCharges for director, CEO of Russian fishing firm
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laid.
“The director general and higher-ranking officials of the state will decidehow to take action on the company in this case,” said U Toe Myint, whoheads the administration’s seamen department, adding that the “first step”will be ensuring the workers get compensation promised by the Russiangovernment.
“If we arrested the company responsible and took action first, who will takecare of the victims?” he said.
The companies’ recruitment licences were indefinitely suspended after itwas revealed that the agencies deliberately falsified the labourers’registration cards and flouted laws prohibiting overseas employment onfishing vessels. This is the first suspension for recruitment agencies, thoughthe administration’s guidelines provide for three-year prison terms andlifetime bans for such violations.
In its 2014 Trafficking in Persons report, the US State Departmentslammed Myanmar for failing to adequately hold traffickers andperpetrators of forced labour “criminally accountable”.
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4/15/15 11:35 AMTrawler survivors blame captain for sinking, deaths
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Trawler survivors blame captainfor sinking, deathsBy Wa Lone | Thursday, 09 April 2015
Myanmar survivors of a Russian trawler disaster yesterdayblamed the captain of the ill-fated vessel for the deaths of theirfellow seamen, saying he had prioritised Russian lives overforeign members of his crew.
An undated photo from the Myanmar embassy in Moscow shows Myanmar survivors of theRussian trawler sinking. Photo: Supplied
Just 22 of the 42 Myanmar fishermen survived the sinking of the DalniyVostok freezer trawler, which plunged into the icy waters off Russia’s FarEast early in the morning on April 2. The men said more might havesurvived had the captain not overloaded the vessel with fish, and had hewarned all crew instead of only the Russian deckhands.
Myanmar seamen Ko Myo Min Oo said the heavily laden ship was alreadysloping at a precarious angle when his shift in the freezer started at 2am,just hours before the ship sank. The captain told the crew to take care, butno one believed anything bad would happen.
“Everyone thought the ship leaning on one side was normal, but it keptgetting gradually worse to the point that it was difficult to work,” he said.
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4/15/15 11:35 AMTrawler survivors blame captain for sinking, deaths
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He went to the deck to ask what was happening and saw the Russian crewtrying to lift a huge haul onboard with a crane.
“Something was wrong with the balance of the pulley and the rope, but theRussian fishermen had a hard time trying to control the situation,” he said.
Initial accounts that the vessel collided with ice have been dismissed,replaced by suspicions validated by survivors’ accounts that the alreadyoverloaded trawler flouted too many regulations trying to bring in a bighaul.
“[The] vessel didn’t replace used fuel weight with ballast water weight,” saidMikhail Voytenko, a former marine navigator.
The ship was carrying 1150 tonnes of fish but had only 50 tonnes of fuel,Vasily Velmeskin, director of the rescue mission, told the KomsomolskayaPravda.
The lack of balance eventually became too much, and then the shipencountered another problem: It didn’t have enough safety equipment forthe 132 onboard, according to Russia’s Investigative Committee.
The captain told the Russians to grab the few life preservers available, butdid nothing to warn the other crew in the cabins, said Ko Myo Min Oo.
Some didn’t even know there was a real problem until water began pouringin.
“When the ship was sinking, lying on one side, the officer told their guyssecretly to be prepared. We were all on the lower floor so didn’t know whatwas going on until the water came in from the ship window,” said Ko WaiLin Moe, another of the Myanmar freezer workers.
“When we climbed up to the deck, the Russian seamen were wearing all theimmersion suits and life jackets.”
Too late to get into a lifeboat, Ko Wai Lin Moe jumped into the frigid waterand tried to swim to the nearest raft. Most of those who got on the lifeboatssurvived, he said, while those in the water and those who didn’t get off theship in time died.
“The captain was bad - he gave an alarm only five minutes before the shipsank. That’s why people died. It shouldn’t have happened,” he said.
One of the last to get an immersion suit, Ko Myo Min Oo said plunged intothe frigid ocean water just moments before the ship submerged. The waterwas so cold he couldn’t yell for help and struggled to move his arms.
Two hours later, rescue boats arrived. But they too prioritised the Russiancrew, grabbing those from the lifeboats first, he said. Another 30 minuteslater, the rescue teams began to pull people directly from the water. But for
4/15/15 11:35 AMTrawler survivors blame captain for sinking, deaths
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later, the rescue teams began to pull people directly from the water. But formany, it was too late.
“I still don’t dare to think about what would’ve happened if I stayed in thefreezing water another 30 minutes,” he said.
The 22 Myanmar survivors are now in a hotel waiting for the embassy inMoscow to process their passports for repatriation, but their ordeal is farfrom over.
The foreign crew members will be held “administratively liable for illegalwork in Russia”, the Russian Federal Migration Services told news agencyTASS on April 6.
A representative of Magellan LLC - the parent company that owned thesunken trawler - tried to deny responsibility for the undocumented labour,claiming the organisation had no idea foreign nationals were onboard,TASS reported.
Fishing industry experts, however, said Russia’s Far East is rife withcorruption and illegal foreign labour, though none had previously heard ofMyanmar workers plying Russian waters.
Many of the Myanmar workers joined the trawler in South Korea, somehaving been lured to the boat by promises of high salaries, while otherswere tricked onboard by nefarious recruitment agencies in Yangon, whohave since had their licences indefinitely suspended.
The surviving workers had little to say about the dubious legality of theiremployment or any potential charges, however. And though they blamedthe captain, they refrained from blaming their Russian shipmates, many ofwhom also died in the accident.
“We worked all together,” said survivor Ko Win Htut, “and now I feel justthe tragedy of losing them.”
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