23. FAO Consultant, Ms Judith Swan, presented the IPOA-IUU, explaining in detail
the basic terminology;
the objectives and principles;
the implementation of measures;
the special requirements of developing countries;
the reporting, and
the role of FAO.
It was noted that translation difficulties existed in some cases in distinguishing the words deter and eliminate, and this language was clarified. In her presentation, Ms Swan emphasized the range of measures that States need to take to combat IUU fishing. In doing so, she pointed out that States should select those measures that are most appropriate for their purposes, in keeping with the toolbox approach adopted by the IPOA-IUU.
24. Discussion was wide-ranging, and included reference to international instruments, RFMOs and national legislation. It was emphasized that although the IPOA-IUU was voluntary, many of the actions and measures it encouraged were based on international law. Similar to the FAO Code of Conduct, its provisions could be implemented through national legislation.
25. The role of RFMOs as outlined in the IPOA-IUU was discussed and the status and responsibilities of cooperating and non-cooperating States was explained. The Workshop noted that some RFMOs had adopted effective documentation and trade measures to combat IUU fishing activities. However, these measures applied almost exclusively to single species. The Workshop noted that there were only two RFMOs of relevance to the region, and both of these dealt with tuna species.
26. The discussion also focused on implementing the IPOA-IUU in national legislation, and in particular, through new evidentiary standards, State control over nationals, vessels without nationality, penalties and sanctions at appropriate levels, administrative penalties and MCS. The Workshop reviewed the status of the participants national legislation. Five of the nine countries represented had undertaken recent reviews of their legislation. Others had recently included provisions to address IUU fishing activities. Many participants also reported the development of decentralization policies that enabled a greater emphasis on community-based fisheries management and the consequent strengthening of measures and actions to combat IUU fishing activities in small-scale fisheries.