Licensing Terms and Conditions. In addition to those terms and conditions provided in Article II of An Arrangement Implementing the Nauru Agreement Setting Forth Minimum Terms and Conditions of Access to the Fisheries Zones of the Parties, and Article I of A Second Arrangement Implementing The Nauru Agreement Setting Forth Additional Terms and Conditions of Access to the Fisheries Zones of the Parties and Article I of A Third Arrangement Implementing The Nauru Agreement Setting Forth Additional Terms and Conditions of Access to the Fisheries Zones of the Parties, the Parties shall establish the following minimum requirements in applicable national laws, regulations, fishing agreements and/or licensing requirements for fishing on the common stocks of fish within the Fisheries Zones: 1. There shall be no deployment of, or fishing on, FAD Buoys in the waters of a Party or in the high seas of the Western and Central Pacific Fisheries Commission (WCPFC) Convention Area east of 130 degrees East and between 20 degrees North and 20 degrees South, unless the FAD Buoy is registered, on the PNA FAD Buoy Register. 2. No FAD Buoy shall be in the waters1 of any of the Parties unless the FAD Buoy is registered on the PNA FAD Buoy Register. 1 For this clause, ‘in the waters’ means physically in the water 3. FAD Buoy Operators shall ensure that all FAD Buoys are registered on the PNA FAD Buoy Register before they are deployed in the waters of a Party, or in the high seas of the WCPFC Convention Area east of 130 degrees East and between 20 degrees North and 20 degrees South. 4. FAD Buoy Operators remain legally responsible for FAD Buoys during a period for which they are listed as the Operator on the Register. 5. FAD Buoy Operators shall; a) Ensure that all FAD Buoys are activated and are reporting normally, consistently and automatically and in near real time to the PNA Information Management System at least once in each 12 hour period when in the waters of the WCPFC Convention Area east of 130 degrees East and between 20 degrees North and 20 degrees South except that a FAD Buoy that has drifted onto a reef or beach and is stationary may be deactivated after one month. b) Ensure that for each transmission sent to the FAD Buoy Operator, the following data will be sent to the PNA Fisheries Information Management System automatically in near real time: i. FAD Buoy Unique Identification Number (Manufacturer’s ID No.); ii. Position fixes latitude and longitude; iii. Date and time (expressed in Universal Time Constant [UTC]) of the fixing of the position. c) Report to the PNA Fisheries Information Management System within 24 hours when: i. A FAD Buoy has been switched off following retrieval from the water; ii. AFAD Buoy has been deactivated; or iii. A Communication with a FAD Buoy has been lost2 for any other reasons; iv. A FAD Buoy has been stationary near shore for 72 hours and is believed to have drifted onto the reef or beach or similar area.
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Sources: Implementing Arrangement
Licensing Terms and Conditions. In addition to those terms and conditions provided in Article II of An Arrangement Implementing the Nauru Agreement Setting Forth Minimum Terms and Conditions of Access to the Fisheries Zones of the Parties, and Article I of A Second Arrangement Implementing The Nauru Agreement Setting Forth Additional Terms and Conditions of Access to the Fisheries Zones of the Parties and Article I of A Third Arrangement Implementing The Nauru Agreement Setting Forth Additional Terms and Conditions of Access to the Fisheries Zones of the Parties, the Parties shall establish the following minimum requirements in applicable national laws, regulations, fishing agreements and/or licensing requirements for fishing on the common stocks of fish within the Fisheries Zones:
1. There shall be no deployment of, or fishing on, FAD Buoys in the waters of a Party or in the high seas of the Western and Central Pacific Fisheries Commission (WCPFC) Convention Area east of 130 degrees East and between 20 degrees North and 20 degrees South, unless the FAD Buoy is registered, on the PNA FAD Buoy Register.
2. No FAD Buoy shall be in the waters1 of any of the Parties unless the FAD Buoy is registered on the PNA FAD Buoy Register. 1 For this clause, ‘in the waters’ means physically in the water
3. FAD Buoy Operators shall ensure that all FAD Buoys are registered on the PNA FAD Buoy Register before they are deployed in the waters of a Party, or in the high seas of the WCPFC Convention Area east of 130 degrees East and between 20 degrees North and 20 degrees South.
4. FAD Buoy Operators remain legally responsible for FAD Buoys during a period for which they are listed as the Operator on the Register.
5. FAD Buoy Operators shall;
a) Ensure that all FAD Buoys are activated and are reporting normally, consistently and automatically and in near real time to the PNA Information Management System at least once in each 12 hour period when in the waters of the WCPFC Convention Area east of 130 degrees East and between 20 degrees North and 20 degrees South except that a FAD Buoy that has drifted onto a reef or beach and is stationary may be deactivated after one month.
b) Ensure that for each transmission sent to the FAD Buoy Operator, the following data will be sent to the PNA Fisheries Information Management System automatically in near real time:
i. FAD Buoy Unique Identification Number (Manufacturer’s ID No.);
ii. Position fixes latitude and longitude;
iii. Date and time (expressed in Universal Time Constant [UTC]) of the fixing of the position.
c) Report to the PNA Fisheries Information Management System within 24 hours when:
i. A FAD Buoy has been switched off following retrieval from the water;
ii. AFAD Buoy has been deactivated; or
iii. A Communication with a FAD Buoy has been lost2 for any other reasons;
iv. A FAD Buoy has been stationary near shore for 72 hours and is believed to have drifted onto the reef or beach or similar area.
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Sources: Implementing Arrangement