Implementation of IPOA/IUU - International MCS Network

39Prohibit vessels registered in other States from landing ortransshipping fish in its portsRequire vessels seeking port access to provide information relatingto their identity and activitiesInspect vessels that are voluntarily in one of its portsThe international community has been developing port State measuresfor some time, primarily to promote compliance with vessel safety andenvironmental standards adopted under the auspices of the IMO. 67 Recentinternational instruments relating to fisheries have also begun to elaborate certainport State measures for the purpose of promoting compliance with fisheryconservation and management standards. The use of port State measures for thispurpose is now regarded as both a duty and a right. 686.1 Basic Port State MeasuresThe IPOA-IUU builds upon these recent instruments in calling on allport States to develop and apply control measures to prevent, deter and eliminateIUU fishing.Port State measures should be applied in a fair, transparent and nondiscriminatorymanner. In addition, a port State should treat any informationobtained from foreign vessels in its port in accordance with any applicableconfidentiality requirements.A port State can implement some control measures even before vesselsenter its ports. As set forth in paragraph 55 of the IPOA-IUU, a port State shouldrequire foreign fishing vessels seeking port access to provide at a minimum:reasonable advance notice of their entry into porta copy of their authorization to fishdetails of their fishing trip and quantities of fish on boardA port State should also require other foreign vessels involved infishing-related activities to provide comparable data before entering port. Receiptof such data is particularly important in the case of transport vessels that may becarrying fish transshipped at sea.By obtaining this information in advance of possible port entry, a portState will enhance its ability to determine whether the vessel has engaged in or67 For further discussion, see “Regional Port State Control Agreements: Some Issues ofInternational Law,” by Ted L. McDorman.68 See, e.g. the UN Fish Stocks Agreement, article 23; Code of Conduct, article 8.3; andthe FAO Compliance Agreement, article V.2.