Implementation of IPOA/IUU - International MCS Network

13For example, Japan requires its nationals to obtain the permission of theJapanese Government before working aboard non-Japanese fishing vesselsoperating in the Atlantic bluefin tuna and southern bluefin tuna fishing areas.The goal of this measure is to prevent Japanese nationals from becominginvolved in IUU fishing aboard foreign vessels. Japan also intends to denypermission to any Japanese national to work aboard a foreign fishing vessel inany other fishery, if the vessel’s flag State is not a member of the RFMOregulating that fishery. 20 New Zealand and Australia have also enactedlegislation restricting the activities of their respective nationals aboard foreignvessels registered in States meeting certain criteria.In the United States of America, the Lacey Act makes it unlawful forany person subject to U.S. jurisdiction to “import, export, transport, sell, receive,acquire, possess or purchase any fish ... taken, possessed or sold in violation ofany ... foreign ... law, treaty or regulation.” Hence, a U.S. national may beprosecuted for engaging in certain forms of IUU fishing aboard foreign vessels. 21To fulfil the commitments contained in the IPOA-IUU relating tocontrol of nationals, all States should consider adopting measures along theselines and should consider taking the following steps as well:Each State should make it a violation of its law for its nationals toengage in fishing activities that violate the fishery conservation andmanagement laws of any other State or that undermine theeffectiveness of conservation and management measures adoptedby a RFMO. 2220 See “The Importance of Taking Cooperative Action Against Specific Fishing Vesselsthat are Diminishing Effectiveness of Tuna Conservation and Management Measures,” byMasayuki Komatsu.21 See United States Code, Title 16, Chapter 53. For further discussion of how the LaceyAct might be adapted for other situations involving IUU fishing, see “National LegislativeOptions to Combat IUU Fishing,” by Blaise Kuemlangan.22 Such a law could be drafted as follows:A person subject to the jurisdiction of [State] who –(a) on his or her own account, or as partner, agent or employee of another person,lands, imports, exports, transports, sells, receives, acquires or purchases; or(b) causes or permits a person acting on his behalf, or uses a fishing vessel, to land,import, export, transport, sell, receive, acquire or purchase,any fish taken, possessed, transported or sold contrary to the law of another State or in amanner that undermines the effectiveness of conservation and management measuresadopted by a Regional Fisheries Management Organization shall be guilty of an offenceand shall be liable to pay a fine not exceeding (insert monetary value).