35. Ms Swan presented a model case study of a developing coastal State to show how countries may develop and implement NPOAs-IUU. A fisheries profile of a fictitious State was described, which drew on typical existing circumstances. Elements of a possible NPOA-IUU that could be elaborated for that State were reviewed, taking into account the framework suggested in the FAO Technical Guideline No.9. The model case study is attached as Appendix H.
36. Participants recognized the importance of ensuring that States maintained proper vessel records/registers as a primary tool in combating IUU fishing. Discussion focused primarily on issues relating to vessel/ownership information required for joint venture or charter arrangements. Ms Swan pointed out that reasonable efforts should be made to ascertain whether a vessel had been engaged in or supported IUU fishing activities, mindful that circumstances such as new ownership could indicate a vessel would not be engaged in IUU fishing in future.
37. In the context of RFMOs, it was noted that information available to FAO from RFMOs indicated that the main cause of IUU fishing was a lack of effective flag State control. Some participants pointed out that their countries had been experiencing this problem, caused by unauthorized incursions by vessels from other countries. The Workshop agreed that it was important to ensure that there was effective flag State control as a means of minimizing the effects of IUU fishing.
38. In relation to evidentiary provisions, Ms Swan emphasized the need to ensure that countries had updated legal provisions to cater for new technologies such as digital photographs and VMS. In addition, she further noted the successful implementation by some countries of legislation that allows certificates to be introduced as evidence in specific situations, thereby facilitating the legal process.
