Implementation of IPOA/IUU - International MCS Network

41jurisdiction as a coastal State to investigate and, if appropriate, prosecute andpenalize those responsible for the IUU fishing.Even where the suspected IUU fishing may have taken place in watersbeyond the jurisdiction of the port State, the port State may take action againstthe vessel and its operators with the consent of, or at the request of, the flagState.As the use of port State controls do not necessarily entail significantresources, they represent a promising avenue for implementation by developingStates. During port visits, enforcement officials should, at the very least, boardthe vessels, examine their logbooks and collect other relevant information. Thiswould not entail enormous financial costs but would require some training inboarding and inspection techniques. This could be a useful focus for assistance todeveloping States, discussed further in Section 9 of these guidelines.6.2 Examples of some Port State Measures in Use 70Measures Adopted by Individual States.Canada generally denies port access to vessels that undermineconservation measures by fishing contrary to conservation regimes establishedby RFMOs of which Canada is a member. 71The European Union instructs its port authorities to allow vessels fromnon-EU States to offload fish that were caught on the high seas only if they havebeen satisfied that the fish have been caught outside the regulatory areas of anycompetent RFMO of which the European Community is a member, or that thefish have been caught in compliance with conservation and managementmeasures adopted by the RFMO of which the Community is a member. 72Icelandic legislation bans the landing, transshipment and selling ofcatch in Icelandic ports from a foreign fishing vessel that has violatedagreements on utilization and preservation of living marine resources to whichIceland is a party. Such vessels may not be provided with services within theIcelandic EEZ nor from Icelandic ports. 7370 Much of the information in this subsection is drawn from T. Lobach, supra note 34.71 See Coastal Fisheries Protection Act (R.S.C. 1970, c.C.21) Sections 3 and 4, andCoastal Fisheries Protection Regulations (C.R.C., 1978, c. 413), Section 5.72 See EU Control Regulation 2847/93, as amended.73 See Article 3 of Act No 228 April 1998 concerning fishing and processing by foreignvessels in Iceland’s exclusive fishing zone.