Common use of CONTROL AND INSPECTION Clause in Contracts

CONTROL AND INSPECTION. Inspection at sea and in port 1. Inspections at sea, in port or off port in the Seychelles fishing zone and outside Seychelles EEZ on COMPANY fishing vessels under the Agreement shall be carried out by inspectors from competent Seychelles authorities who are clearly identified for the purpose of inspections. 2. Authorised officers from the competent Seychelles authorities may board a COMPANY fishing vessel to carry out an inspection at any time. The master of COMPANY fishing vessel shall allow and facilitate the inspectors from the competent Seychelles authorities to come on board and carry out their work. 3. The inspection shall be carried out by a reasonable number of authorised officers, who must provide proof of their identities and official positions as authorised officers before carrying out the inspection. 4. The authorised officers from the competent Seychelles authorities shall only stay on board COMPANY fishing vessels for the duration necessary to carry out tasks linked to the inspection. They shall carry out the inspection in a way which minimises the impact on the vessel, its fishing activity and cargo. 5. Images (photos or videos) made during inspections shall be intended for the authorities responsible for fisheries control and surveillance. They shall not be made public unless the national legislation provides otherwise. 6. At the end of each inspection, the authorised officer from the competent Seychelles authorities shall draw up an inspection report. The master of COMPANY fishing vessel shall have the rights to include comments in the inspection report. The inspection report shall be signed by the authorised officer drawing up the report and the master of COMPANY fishing vessel. 7. The signing of the inspection report by the master shall be without prejudice to COMPANY fishing vessel owner's rights of defence during any infringement procedure. If the master of COMPANY fishing vessel refuses to sign the report, the master of COMPANY fishing vessel shall specify the reasons for doing so in writing, and the inspector shall write "Refused to sign" on it. 8. The authorised officer from the competent Seychelles authorities shall give a copy of the inspection report to the master of COMPANY fishing vessel before leaving the vessel. The competent Seychelles authorities shall inform the agent of COMPANY of inspections carried out within 24 hours of their completion and of any infringements found, and send a copy of the inspection report to the agent of COMPANY fishing vessel as soon as practically possible. 9. In order to strengthen the fight against IUU fishing, masters of COMPANY fishing vessels shall report the presence of any vessels in the Seychelles fishing zone engaged in suspected activities which may constitute IUU fishing, providing as much information as possible about what has been sighted. Sighting reports shall be sent without delay to the competent Seychelles authorities. 10. Based on reasonable ground that an offence has been, is being or is about to be committed, the competent Seychelles authorities may order a COMPANY fishing vessel to terminate a fishing trip or fishing activity and proceed expeditiously to port for inspection concerning compliance to this Agreement and, any laws of Seychelles. 11. The COMPANY and the agent of the COMPANY fishing vessel shall be informed immediately of the order and reason thereto.

Appears in 1 contract

Sources: Sustainable Fisheries Agreement

CONTROL AND INSPECTION. Inspection at sea and in port 1. Controls and inspections shall be carried out in accordance with the relevant Seychelles legislation. 2. Inspections at sea, in port Seychelles waters or off port in the port of Seychelles on the COMPANY’s fishing zone and outside Seychelles EEZ on COMPANY vessel(s) holding a fishing vessels under the Agreement authorisation shall be carried out by inspectors from competent Competent Seychelles authorities who are clearly identified for the purpose of inspections. 2. Authorised officers from the competent Seychelles authorities may board a COMPANY fishing vessel as being authorised to carry out an inspection at any time. The master of COMPANY fishing vessel shall allow and facilitate the inspectors from the competent Seychelles authorities to come on board and carry out their workinspections. 3. The inspection master of the COMPANY’s fishing vessel(s) engaged in fishing activities in Seychelles waters shall be carried out by a reasonable number of cooperate with any authorised officers, who must provide proof of their identities and official positions as authorised duly identified officers before carrying out the inspectioninspection and control of fishing activities. 4. In order to facilitate safe inspection procedures, without prejudice to the provisions of Seychelles legislation, boarding should be conducted in such a way that allows the inspection platform and the inspectors to be identified as being authorised to carry out such tasks. 5. The authorised inspection officers from the competent Seychelles authorities shall only stay on board COMPANY the COMPANY’s fishing vessels vessel(s) for the duration time necessary to carry out tasks linked to the inspection. They shall carry out the inspection in a way which minimises the impact on the vessel, its fishing activity and cargo. 56. Images (photos or videos) made during inspections shall be intended for the authorities responsible for fisheries control and surveillance. They shall not be made public unless the national legislation provides otherwise. 67. At Once an inspection has been completed and the end of each inspectioninspection report signed by the inspector, the authorised officer from the competent Seychelles authorities shall draw up an inspection report. The master of COMPANY fishing vessel shall have the rights to include comments in the inspection report. The inspection report shall be signed made available for signature, comments and remarks, if any, by the authorised officer drawing up the report and the master of COMPANY fishing vessel. 7master. The signing of the inspection report signature by the master shall be without not prejudice to COMPANY fishing vessel owner's the rights of defence during any the Parties in the context of alleged infringement procedureprocedures. If the master of COMPANY fishing vessel refuses to sign the reportdocument, the master of COMPANY fishing vessel shall specify the reasons for doing so in writing, writing and the inspector shall write "Refused to sign" on it. 8. The authorised inspection officer from the competent Seychelles authorities shall give a copy of the inspection report to the master of COMPANY the COMPANY’s fishing vessel before leaving the vessel. 8. The competent Competent Seychelles authorities shall inform the agent of COMPANY of inspections carried out within 24 hours of their completion and of any infringements found, found and send a copy of the inspection report to the agent of COMPANY fishing vessel as soon as practically possible. 9. Where the provisions set out in this Chapter are not complied with, the Competent Seychelles authorities reserves the right to suspend the fishing authorisation of the offending the COMPANY fishing vessel until formalities have been completed and to apply the penalty laid down by laws of Seychelles. 10. In order to strengthen the fight against IUU fishing, masters of COMPANY the COMPANY’s fishing vessels vessel(s) shall report the presence of any vessels in the Seychelles fishing zone waters engaged in suspected activities which may constitute IUU fishing, providing as much information as possible about what has been sighted. Sighting reports shall be sent without delay to the competent Seychelles authorities. 10. Based on reasonable ground that an offence has been, is being or is about to be committed, the competent Seychelles authorities may order a COMPANY fishing vessel to terminate a fishing trip or fishing activity and proceed expeditiously to port for inspection concerning compliance to this Agreement and, any laws of Seychelles. 11. The COMPANY and the agent of the COMPANY fishing vessel shall be informed immediately of the order and reason thereto.

Appears in 1 contract

Sources: Sustainable Fisheries Agreement