Uruguay insists in the release of the Fisheries Department scientist observer onboard the Uruguayan flagged longliner Viarsa 1 that is being escorted back to Australia to face trial for allegedly poaching Patagonian toothfish in Australian waters.
"Today I had a long talk with the Australian Foreign Minister reiterating our position in the "Viarsa 1" case insisting that the Fisheries observer be released in the nearest port. Mr. Eduardo Merello is a Uruguayan government employee, he is not an officer or member of the crew, he had no authority or command, and he is merely a scientist from our Fisheries Department", said Foreign Affairs Minister Didier Opertti before leaving for the World Trade Organization summit in Mexico.
Mr. Opertti added that "we might agree with Australian authorities that the longliner could have broken fisheries regulations, but Mr. Merello is a Uruguayan citizen, a Uruguayan civil servant and we're not going to give up our rights, our jurisdiction or accept with resignation his arrest or Australian jurisdiction in the matter", stressed Mr. Opertti.
"We want to precisely determine the facts leading to the chase and capture of the vessel, and from then on determine if there has been invasion or abuse of jurisdiction", indicated the Uruguayan Foreign Minister.
Early August "Viarsa 1" was sighted allegedly poaching toothfish in Australian jurisdiction and was chased in southern Ocean and Antarctic waters by an Australian Fisheries patrol vessel for three weeks, assisted in the last leg by South African and Falkland Islands vessels, when she was finally cornered and arrested. Apparently "Viarsa 1" is carrying over 100 tons of toothfish valued in over 1,1 million US dollars.
Australian Foreign Minister Alexander Downer has repeatedly argued that Mr. Merello is an important witness in the case against "Viarsa 1" operators.
Mr Opertti further stated that the main points of the Uruguayan position and of the phone exchange with Foreign Minister Downer "will be faxed this Monday to Australia".
Earlier in the week Mr. Opertti met with the concurring Australian Ambassador seated in Buenos Aires and insisted in the release of the Uruguayan observer.
Also last week during Parliament hearings Uruguayan Fisheries Department Director Captain Yamandú Flangini admitted that "Viarsa 1" might have infringed regulations in international waters, but added that "Mr. Merello's testimony is crucial to really know what was going on board, and therefore he must be released".
When the incident or when the pursuit began the tracking system that monitors the position of Uruguayan fishing vessels went off in the "Viarsa 1", either deliberately or accidentally and when re-established the captain accepted orders from the Uruguayan authorities to reach the nearest port, and declared the vessel arrested under Uruguayan jurisdiction.
"Viarsa 1" is currently close to South African waters escorted by the Australian fisheries patrol, "Southern Supporter" where they will be supplied and refuelled before heading for Australia expecting to arrive at the end of September. The South African Navy is rendering the Australians logistic support with the combat vessel SAS Drakensberg, apparently carrying Australian staff trained in boarding operations.
The "Viarsa 1" crew is made up of four Uruguayans including the captain; 16 Chileans; 13 Spaniards; 3 Portuguese; 3 Peruvians and one Romanian.
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