Implementation of IPOA/IUU - International MCS Network

42Japan prohibits port calls by tuna longline vessels registered in certainStates, following identification of those States by ICCAT as diminishing theeffectiveness of resource management measures regarding Atlantic bluefintuna. 74Norway denies port access to foreign fishing vessels that have takenpart in an unregulated fishery on the high seas. 75Before a foreign fishing vessel enters a South African port, it mustfurnish the authorities with proof that it has complied with the reportingrequirements of the flag State. When it has done so and has reported its currentposition, the authorities will consent to the vessel entering a South African portand will furnish it with a permit. However, the vessel is not normally permittedto offload its catch.The United States of America generally denies foreign vessels theability to land or transship fish in U.S. ports, except for a small number of portslocated in U.S. insular territories, such as American Samoa and Guam, orpursuant to special agreements with other States. However, vessels identified ashaving engaged in large-scale driftnet fishing on the high seas, in contraventionof UN General Assembly Resolution 46/216, are denied port access outright. TheUnited States also prosecutes foreign vessels that are voluntarily in its ports forhaving fished in waters under the jurisdiction of another State in violation of thatother State’s laws or regulations. 76Cooperation Among States Involving in Port State Measures. Action byindividual port States may not be sufficient to prevent, deter and eliminate IUUfishing. Ideally, coordinated action among port States – and among port States,flag States and coastal States – would be achieved, including through RFMOs.For example, Norway and Canada entered into an agreement in 1995recognising that fishing operations beyond the EEZ of each party for stockswhich occur both within that zone and the area beyond must be conducted in amanner which does not undermine the effectiveness of applicable conservationand management measures. Each party will deny access to its ports to vesselsthat engage in activities that undermine such measures, except in cases of forcemajeure, and will prohibit the landing of the catch of such vessels. 7774 M. Komatsu, supra note 20.75 Regulation No. 1130 of 23 December 1994 concerning the entry into and passagethrough Norwegian territorial waters.76 The Lacey Act, supra note 21, allows the United States Government to prosecutepersons subject to U.S. jurisdiction for harvesting fish in violation of foreign law.77 Agreement between the Government of the Kingdom of Norway and the Government ofCanada on Fisheries conservation and enforcement (signed 30 June 1995).