SADC MARINE FISHERIES LEGAL FRAMEWORK: ELEMENTS FOR HARMONIZATION

37. FAO presented a synopsis of the technical report on the comparative analysis of the legal framework of the SADC coastal states. The presentation focussed on the findings of the report which urged the SADC countries to review their legal framework and to establish whether the legal framework:

• has clear statements in relation to scope of application and the authority responsible for fisheries management;

• facilitates broad participation in fisheries management including co-management;

• supports and implements policies and sets out the ability to use a wide range of fisheries management mechanisms and measures including the use of fishing rights or quotas and management planning;

• facilitates implementation of the Compliance Agreement and the Fish Stocks Agreement;

• enables the undertaking of the full range of monitoring, control and surveillance and enforcement action and, in this regard, to consider possible adoption of administrative processes and penalties to enforce fisheries laws, adjust penalty levels with the view to increase them, enhance Port state enforcement in the light of the lack of capacity and resources to undertake enforcement and other MCS activities, introduction of long arm enforcement, protecting confidentiality of information, particularly where it concerns fishing operations and where the use of VMS for vessel position and catch reports is anticipated.

Areas of possible action to harmonize laws with reference to the draft SADC Fisheries Protocol were indicated and were included in the draft action plan.

38. In the discussion that followed, the workshop commended the presenter for the quality of the report and further requested the FAO to ensure its publication and distribution.

39. The workshop reiterated the need to monitor Member State Fisheries legislation as well as relevant regulations. With regard to regulations, it was pointed out that beside technical measures, they often contain provisions of a policy nature (such as co-management mechanisms) which needed to be adjusted from time to time.

40. With regard to HACCP and other established quality assurance systems, it was recognized that those systems should be incorporated into national sanitary legislation complemented by relevant regulations dealing with the Inspecting Authority and standards for laboratories. This was identified as a possible priority field for Harmonization at regional level.