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This issue was not originally included in the Chair's list of issues to be discussed (A/CONF.164/10), but emerged as a matter that required more in-depth treatment. During the informal discussions, it was agreed that this question is not well documented in the Law of the Sea Convention. Delegates expressed divergent views on the extent of port State jurisdiction in terms of high seas fisheries. There was also disagreement on the customary international law in this respect. Some delegates advocated an extended jurisdiction for the port State, based on the coastal State's special interests. Others argued that the port State's authority was the exception rather than the rule and is limited to a number of specific cases, such as the protection of the marine environment and the prevention of pollution.

In the discussion on measures that the port State may/should carry out, delegates mentioned the following:

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