Common use of Observers Clause in Contracts

Observers. 1. At the moment of the vessel registration, all Community vessels shall contribute EUR 400 to a ‘Fisheries Observers Project Fund’ to be paid into the Kiribati Government account No 4 in accordance with Article 2(7) of the Protocol, cleared of any deductions. 2. Vessels authorised to fish in Kiribati waters under the Agreement shall take on board observers appointed by the WCPFC on the terms set out below: — at the request of the WCPFC Community vessels shall take on board an observer designated by the organisation in order to check catches made in Kiribati waters, — the WCPFC shall draw up a list of vessels designated to take an observer on board and a list of the appointed observers. These lists shall be kept up to date. They shall be forwarded to the European Commission as soon as they have been drawn up and every three months thereafter where they have been updated, — the WCPFC shall inform the shipowners concerned, or their agents, of the name of the observer appointed to be taken on board their vessel at the time the licence is issued, or no later than 15 days before the observer’s planned embarkation date. 3. The time spent on board by observers shall be one fishing trip. However, at the express request of the WCPFC, this embarkation may be spread over several trips according to the average duration of trip for a particular vessel. This request shall be made by the competent WCPFC when the name of the observer appointed to board the vessel in question is notified. 4. The conditions under which observers are taken on board shall be agreed between shipowners or their agents and the competent WCPFC. 5. Observers shall be taken on board at a port chosen by the shipowner at the beginning of the first voyage in Kiribati waters after notification of the list of designated vessels. 6. Within two weeks and giving 10 days’ notice, the shipowners concerned shall make known at which ports in the subregion and on what dates they intend to take observers on board. 7. Where observers are taken on board in a port outside the subregion, their travel costs shall be borne by the ship- owner. Should a vessel with a regional observer on board leave regional waters, all measures must be taken to ensure the observer’s return as soon as possible at the expense of the shipowner. 8. If the observer is not present at the time and place agreed and during the twelve hours following the time agreed, shipowners shall be automatically absolved of their obligation to take the observer on board. 9. Observers shall be treated as officers. They shall carry out the following tasks: — observe the fishing activities of the vessels, — verify the position of vessels engaged in fishing operations, — perform biological sampling in the context of scientific programmes, — note the fishing gear used, — verify the catch data for Kiribati waters recorded in the logbook, — verify the percentages of by-catches and estimate the quantity of discards of species of marketable fin-fish, — report fishing data by any appropriate means once a week while the vessel is fishing in Kiribati waters, including the quantity of catches and by-catches on board. 10. Masters shall do everything in their power to ensure the physical safety and welfare of observers during performance of their duties. 11. As far as possible, observers shall be offered every facility needed to carry out their duties. The master shall give them access to the means of communication needed for the discharge of their duties, to documents directly concerned with the vessel’s fishing activities, including in particular the logbook and the navigation log, and to those parts of the vessel necessary to facilitate the exercise of their tasks as observer. 12. While on board, observers shall: — take all appropriate steps to ensure that the conditions of their boarding and presence on the vessel neither interrupt nor hamper fishing operations, — respect the material and equipment on board and the confidentiality of all documents belonging to the vessel. 13. At the end of the observation period and before leaving the vessel, observers shall draw up an activity report to be transmitted to the WCPFC, with a copy to the master of the vessel. 14. Shipowners shall bear the cost of accommodating observers in the same conditions as the officers, within the con- fines of the practical possibilities offered by the vessel. 15. The salary and social contributions of the observer shall be borne by the WCPFC. 16. The two parties shall consult each other, and interested third parties, as soon as possible as regards the definition of a system of regional observers and the choice of the competent regional fisheries organisation. Pending the implemen- tation of a system of regional observers, vessels authorised to fish in Kiribati waters under the Agreement shall take on board, instead of regional observers, observers designated by the competent Kiribati authorities in accordance with the rules set out above.

Appears in 2 contracts

Sources: Fisheries Partnership Agreement, Fisheries Partnership Agreement

Observers. 1. At the moment of the vessel registration, all Community vessels shall contribute EUR 400 to a ‘Fisheries Observers Project Fund’ to be paid into the Kiribati Government account No 4 in accordance with Article 2(7) of the Protocol, cleared of any deductions. 2. Vessels authorised to fish in Kiribati Malagasy waters under the Agreement shall take on board observers appointed by the WCPFC competent regional fisheries organisation on the terms set out below: — at . 1.1. At the request of the WCPFC competent authority, Community vessels shall take on board an observer designated by the organisation authority in order to check catches made in Kiribati Malagasy waters, — the WCPFC . 1.2. The competent authority shall draw up a list of vessels designated to take an observer on board and a list of the appointed observers. These lists shall be kept up to date. They shall be forwarded to the European Commission as soon as they have been drawn up and every three months thereafter where they have been updated, — the WCPFC . 1.3. The competent authority shall inform the shipowners concerned, or their agentsrepresentatives, of the name of the observer appointed to be taken on board their vessel at the time the licence is issued, or no later than 15 days before the observerobserv- er’s planned embarkation date. 3(1) Of which at least 70 seamen of the total European fleet belonging to IOTC Member States. 2. The time spent on board by observers shall be one fishing trip. However, at the express request of the WCPFCcompetent Malagasy authorities, this embarkation may be spread over several trips according to the average duration of trip for a particular vessel. This request shall be made by the competent WCPFC authority when the name of the observer appointed to board the vessel in question is notified. 43. The conditions under which observers are taken on board shall be agreed between shipowners or their agents representa- tives and the competent WCPFCauthority. 54. Observers shall be taken on board at a port chosen by the shipowner at the beginning of the first voyage in Kiribati Malagasy waters after notification of the list of designated vessels. 65. Within two weeks and giving 10 ten days’ notice, the shipowners concerned shall make known at which ports in the subregion and on what dates they intend to take observers on board. 76. Where observers are taken on board in a port country outside the subregion, their travel costs shall be borne by the ship- owner. Should a vessel with a regional observer on board leave the regional watersfishing zone, all measures must be taken to ensure the observer’s return as soon as possible at the expense of the shipowner. 87. If the observer is not present at the time and place agreed and during the twelve hours following the time agreed, shipowners shall be automatically absolved of their obligation to take the observer on board. 98. Observers shall be treated as officers. They Where vessels are operating in Malagasy waters, they shall carry out the following fol- lowing tasks: — : 8.1. observe the fishing activities of the vessels, — ; 8.2. verify the position of vessels engaged in fishing operations, — ; 8.3. perform biological sampling in the context of scientific programmes, — ; 8.4. note the fishing gear used, — ; 8.5. verify the catch data for Kiribati Malagasy waters recorded in the logbook, — ; 8.6. verify the percentages of by-catches and estimate the quantity of discards of species of marketable fin-fish, — ; 8.7. report fishing data by any appropriate means once a week while the vessel is fishing in Kiribati watersdata, including the quantity of catches and by-catches on board, to their com- petent authority. 109. Masters Skippers shall do everything in their power to ensure the physical safety and welfare of observers during performance perfor- ▇▇▇▇▇ of their duties. 1110. As far as possible, observers Observers shall be offered every facility needed to carry out their duties. The master skipper shall give them access to the means of communication needed for the discharge of their duties, to documents directly concerned with the vessel’s fishing activities, including in particular the logbook and the navigation log, and to those parts of the vessel necessary neces- sary to facilitate the exercise of their tasks as observer. 1211. While on board, observers shall: — : 11.1. take all appropriate steps to ensure that the conditions of their boarding and presence on the vessel neither interrupt nor hamper fishing operations, — ; 11.2. respect the material and equipment on board and the confidentiality of all documents belonging to the vessel. 1312. At the end of the observation period and before leaving the vessel, observers shall draw up an activity report to be transmitted to the WCPFCcompetent authorities, with a copy to the master European Commission. They shall sign it in the pres- ence of the vesselskipper, who may add or cause to be added to it any observations considered relevant, followed by the skipper’s signature. A copy of the report shall be handed to the skipper when the observer is put ashore. 1413. Shipowners shall bear the cost of accommodating observers in the same conditions as the officers, within the con- fines of the practical possibilities offered by the vessel. 1514. The salary and social contributions of the observer shall be borne by the WCPFCcompetent authorities. 1615. The two parties Parties shall consult each other, and interested third parties, as soon as possible as regards the definition of a system of regional observers and the choice of the competent regional fisheries organisation. Pending the implemen- tation imple- mentation of a system of regional observers, vessels authorised to fish in Kiribati waters Madagascar’s fishing zone under the Agreement Agree- ment shall take on board, instead of regional observers, observers designated by the competent Kiribati Malagasy authorities in accordance with the rules set out above.

Appears in 2 contracts

Sources: Fisheries Partnership Agreement, Fisheries Partnership Agreement

Observers. 1The Parties recognise the importance of respecting the obligations of relevant IOTC resolutions with regards to the Scientific Observer Programme and relevant Union and Seychelles laws and regulations, including electronic observation schemes. At However, the moment modalities for the implementation of electronic observation schemes shall take into account the vessel registration, all Community practical implications for the fleets and the time needed for the transition. Designated vessels shall contribute EUR 400 to a ‘Fisheries Observers Project Fund’ to be paid into the Kiribati Government account No 4 in accordance with Article 2(7) of the Protocol, cleared of any deductions. 2. Vessels and observers The Seychelles vessels authorised to fish in Kiribati waters Mayotte fishing zone shall, at the request of the Union authorities, embark one observer, in the context of a national or regional observer programme under the Agreement shall take on board observers appointed by the WCPFC on the terms set out below: — at the request . The embarkation of the WCPFC Community vessels additional observers shall take on board an observer designated also be considered subject to a case by the organisation in order to check catches made in Kiribati waters, — the WCPFC case agreement. The Union authorities shall draw up a list of Seychelles vessels designated to take embark an observer on board and a list of the appointed observers, while taking into account the characteristics of the vessels and possible space limitations due to security requirements. These lists The list shall be kept up to date. They shall be date and forwarded to the European Commission Seychelles authorities as soon as they have it has been drawn up up, and every three months thereafter where they have been each time it is updated, — . The Union authorities shall communicate to the WCPFC shall inform ship-owner or its agent of the shipowners Seychelles vessel concerned, or their agents, of the name of the designated observer appointed to be taken on board their vessel at the time the licence is issued, or no not later than 15 days before the observer’s 's planned embarkation date. 3. Embarkation conditions The time spent on board by observers shall be one fishing tripfixed by Union or Member State authorities and, as general rule, shall not exceed the time required to carry out their duties. HoweverIn the context of a regional observer programme, at the express request of the WCPFC, this embarkation observer may be spread over several trips according to the average duration of trip remain on board for a particular vesselmutually agreed extended period. This request The Union authorities shall be made by inform the competent WCPFC Seychelles ship-owners or their agents thereof when notifying the name of the observer appointed to board the vessel in question is notified. 4designated observer. The conditions under which observers are taken on board for observers' embarkation shall be agreed between shipowners the ship-owners and Union or their agents and Member State authorities after the competent WCPFC. 5. Observers shall be taken on board at a port chosen by the shipowner at the beginning of the first voyage in Kiribati waters after notification of the list of designated vessels. 6observers. Within two weeks weeks, and upon giving 10 ten days' notice, the shipowners ship-owners of the Seychelles vessels concerned shall make known at which ports in the subregion port, and on what dates they intend to take observers on board. 7. Where observers are taken on board in a port outside the subregionforeign port, their travel costs shall be borne by the ship- ship-owner. Should a Seychelles vessel with a regional an observer designated by the Union authorities on board leave regional Union waters, all measures must shall be taken to ensure the observer’s return observer safely returns to the Union as soon as possible at the expense of the shipowner. 8ship-owner, unless the observer is continuing with the Seychelles vessel in the context of his observer duties through another Agreement or observer programme. If the observer is not present at the time and place agreed and during the twelve six hours following the time agreed, shipowners the Seychelles ship-owner shall be automatically absolved relieved of their the obligation to take the observer on board. 9. Seychelles ship-owners shall bear the cost of providing board and accommodation for observers in the same conditions as for the officers on board the vessel. Observers shall be treated as officers. They The salary and applicable taxes of the observers shall carry out be borne by the following tasks: — competent French authorities. Observer's duties The observer shall observe and record the fishing activities of the vesselsvessels for scientific purposes, — verify in particular: – the species, quantity, size and condition of fish taken, including targeted species and by-catches, and of incidental catches of marine mammals, turtles and sea birds; – the method by which, the areas in which, and the depth at which, fish are taken; – the position of Seychelles vessels engaged in fishing operationsoperations and the fishing gear used; – the catch data for Mayotte fishing zone recorded in the logbook, including the percentage of by-catches and an estimation of discards; – where relevant, processing, transhipment, storage, or disposal of any fish. The observer shall maintain a regular communication channel with the Union or Member State authorities, making use of the communication means available on board the Seychelles vessel. In addition, the observer may carry out other duties such as: – perform biological sampling in the context of a scientific programmes, — note programme; – monitor the impact of the fishing gear usedactivities on the resource and on the environment; – collect information when encountering marine mammals (photographs, — verify position of the catch data for Kiribati waters recorded in vessel, census of the logbooknumber of individuals, — verify the percentages behaviour, etc.). The masters of by-catches and estimate the quantity of discards of species of marketable fin-fish, — report fishing data by any appropriate means once a week while the vessel is fishing in Kiribati waters, including the quantity of catches and by-catches on board. 10. Masters Seychelles vessels shall do everything in their power to ensure the physical safety and welfare of observers during performance of their duties. 11while on board. As far as possible, The observers shall be offered every facility needed to carry out their duties. The master masters shall give them access to the means of communication needed for the discharge of their duties, to documents directly concerned with regarding the vessel’s 's fishing activities, including in particular the logbook and the navigation log, and to those parts of the vessel necessary to facilitate the exercise performance of their tasks as observer. 12observers. Observer's obligations While on board, observers the observer shall: take all appropriate steps to ensure that the conditions of their boarding and presence on the Seychelles vessel neither interrupt nor hamper fishing operations, — respect ; – take necessary care with regards to the material and equipment on board and board; – ensure the confidentiality of all data and documents belonging to regarding the vessel. 13Seychelles vessel and its activities and any information collected. At the end of the observation period embarkation and before leaving the Seychelles vessel, observers the observer shall draw up an activity report to be transmitted to the WCPFC, Union authorities with a copy to the master competent Seychelles authorities, within 15 days. The report shall be signed by the observer. A copy of the report shall be handed to the master when the observer leaves the Seychelles vessel. 14. Shipowners shall bear the cost of accommodating observers in the same conditions as the officers, within the con- fines of the practical possibilities offered by the vessel. 15. The salary and social contributions of the observer shall be borne by the WCPFC. 16. The two parties shall consult each other, and interested third parties, as soon as possible as regards the definition of a system of regional observers and the choice of the competent regional fisheries organisation. Pending the implemen- tation of a system of regional observers, vessels authorised to fish in Kiribati waters under the Agreement shall take on board, instead of regional observers, observers designated by the competent Kiribati authorities in accordance with the rules set out above.

Appears in 2 contracts

Sources: Agreement Between the European Union and the Republic of Seychelles on Access for Seychelles Fishing Vessels to the Waters of Mayotte, Agreement Between the European Union and the Republic of Seychelles on Access for Seychelles Fishing Vessels to the Waters of Mayotte

Observers. 1. At the moment time of the lodging a fishing authorisation application, each Community vessel registration, all Community vessels concerned shall contribute EUR 400 to a ‘Fisheries Observers Project Fund’ to be paid 1 500 into Government Revenue Account No. 0260- 002 with the Kiribati Government account No 4 in accordance with Article 2(7) Central Bank of Solomon Islands, Honiara, specifically for the Protocol, cleared of any deductionsnational observer’s programme. 2. Vessels authorised to fish in Kiribati Solomon Islands waters under the Agreement shall take on board observers appointed by the WCPFC Solomon Islands authorities on the terms set out below: — : 2.1 at the request of the WCPFC Solomon Islands authorities, Community vessels shall take on board an observer designated by the organisation in order to check catches made in Kiribati waters, — the WCPFC ▇▇▇▇▇▇▇ ▇▇▇▇▇▇, 2.2 ▇▇▇▇▇▇▇ Islands authorities shall draw up a list of vessels designated to take an observer on board and a list of the appointed observers. These lists shall be kept up to date. They shall be forwarded to the European Commission as soon as they have been drawn up and every three months thereafter where they have been updated, — the WCPFC , 2.3 Solomon Islands authorities shall inform the shipowners concerned, or their agents, of the name of the observer appointed to be taken on board their vessel at the time the licence fishing authorisation is issued, or no later than 15 days before the observer’s planned embarkation date. 3. The time spent on board by observers shall be one fishing tripfixed by the Solomon Islands authorities, but as a general rule it should not exceed the time required to carry out their duties. The Solomon Islands authorities shall inform the shipowners and their agents when notifying them of the observers appointed. However, at the express request of the WCPFCSolomon Islands authorities, this embarkation may be spread over several trips according to the average duration of trip for a particular vessel. This request shall be made by the competent WCPFC Solomon Islands authorities when the name of the observer appointed to board the vessel in question is notified. 4. The conditions under which observers are taken on board shall be agreed between shipowners or their agents and the competent WCPFCSolomon Islands authorities. 5. Observers shall be taken on board at in a port manner chosen by the shipowner at the beginning of the first voyage in Kiribati waters shipowners after notification of the list of designated vessels. 6. Within two weeks and giving 10 ten days' notice, the shipowners concerned shall make known at which ports in the subregion and on what dates they intend to take observers on board. 7. Where observers are taken on board in a port outside the subregionforeign port, their travel costs shall be borne by the ship- ownershipowner. Should a vessel with a regional Solomon Islands observer on board leave regional watersthe Solomon Islands fishing zone, all measures must shall be taken to ensure the observer’s 's return as soon as possible at the expense of the shipowner. 8. If the observer is not present at the time and place agreed and during or within the twelve hours following the time agreed, shipowners shall be automatically absolved of their obligation to take the observer on board. 9. Observers shall be treated as officers. They Where vessels are operating in Solomon Islands waters, they shall carry out the following tasks: — : 9.1 observe the fishing activities of the vessels, — ; 9.2 verify the position of vessels engaged in fishing operations, — ; 9.3 perform biological sampling in the context of scientific programmes, — ; 9.4 note the fishing gear used, — ; 9.5 verify the catch data for Kiribati Solomon Islands waters recorded in the logbook, — ; 9.6 verify the percentages of by-catches and estimate the quantity of discards of species of marketable fin-fish, — ; 9.7 report fishing data by any appropriate means once a week while the vessel is fishing in Kiribati watersdata, including the quantity of catches and by-catches on board, to their competent authority. 10. Masters Fishing masters/skippers shall do everything in their power to ensure the physical safety and welfare of observers during performance of their duties. 11. As far as possible, observers Observers shall be offered every facility needed to carry out their duties. The master fishing master/skipper shall give them access to the means of communication needed for the discharge of their duties, to documents directly concerned with the vessel’s 's fishing activities, including in particular the logbook and the navigation log, and to those parts of the vessel necessary to facilitate the exercise of their tasks as observertasks. 12. While on board, observers shall: — : 12.1 take all appropriate steps to ensure that the conditions of their boarding and presence on the vessel neither interrupt nor hamper fishing operations, — ; 12.2 respect the material and equipment on board and the confidentiality of all documents belonging to the vessel. 13. At the end of the observation period and before leaving the vessel, observers shall draw up an activity report to be transmitted to the WCPFCcompetent authorities, with a copy to the master European Commission. They shall sign it in the presence of the vesselfishing master/skipper, who may add or cause to be added to it any observations considered relevant, followed by the master’s/skipper's signature. A copy of the report shall be handed to the master/skipper when the observer is put ashore. 14. Shipowners shall bear the cost of accommodating observers in the same conditions as the officers, within the con- fines confines of the practical possibilities offered by the vessel. 15. The salary and social contributions of the observer observers shall be borne paid by the WCPFCSolomon Islands authorities. 16. The two parties Parties shall endeavour to consult each other, and interested third parties, as soon as possible other as regards the definition of a system of regional observers and the choice development of the regional or sub-regional observer programme, in consultations with Forum Fisheries Agency (FFA) and other competent regional fisheries organisationorganisations. 1. Pending the implemen- tation of a system of regional observersFor fisheries and marine safety purposes, vessels authorised to fish in Kiribati waters under the Agreement every vessel shall take on board, instead of regional observers, observers designated by the competent Kiribati authorities be marked and identified in accordance with the rules set out aboveFood and Agricultural Organisation (FAO) approved standard specification for the marking and identification of fishing vessels. 2. The name of the vessel will be printed clearly in Latin characters on the bow and the ▇▇▇▇▇ of the vessel. 3. Any vessel not displaying its name and radio call sign or signal letters in the prescribed manner may be escorted to a Solomon Islands port for further investigation. 4. A fishing master/skipper shall ensure the continuous monitoring of the international distress and calling frequency 2182 kHz (HF), and/or the international safety and calling frequency 156.8 MHz (Channel 16, VHF-FM) to facilitate communication with the fisheries management, surveillance and enforcement authorities of the Government. 5. A fishing master/skipper shall ensure that a recent and up to date copy of the International code of Signals (INTERCO) is on board and accessible at all times. Communication between the permitted vessels and the patrol vessels of the Government shall be made by international signal codes as follows: International Signal Code – Meaning: L Stop immediately SQ3 Stop or slow down, I wish to board your vessel QN Lay your vessel along the star board side of our vessel QN1 Lay your vessel along the port side of our vessel TD2 Are you a fishing vessel? C Yes N No QR We cannot lay our vessel alongside your vessel QP We will lay our vessel alongside your vessel 1. Entering and leaving the zone: 1.1 At least 24 hours in advance Community vessels shall notify the Solomon Islands authorities of their intention to enter or leave the Solomon Islands fishing zone. They shall also declare the overall quantities and the species on board. 1.2 When notifying their intention to leave, vessels shall also communicate their position and the volume and species in catches kept on board. These communications shall be made preferably by fax (+▇▇▇.▇▇▇.▇▇ or +▇▇▇.▇▇▇.▇▇) but failing this, in the case of vessels without a fax, by e-mail (▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇.▇▇▇.▇▇). 1.3 Vessels not complying with these reporting requirements shall be regarded as vessels in breach of the terms and conditions of the fishing authorisation. 1.4 Vessels shall also be informed of the fax and telephone numbers and e-mail address when the fishing authorisation is issued. 2. Control procedures 2.1 Masters/skippers of Community fishing vessels engaged in fishing activities in Solomon Islands fishing zone shall allow and facilitate boarding and the discharge of their duties by any Solomon Islands official responsible for the inspection and control of fishing activities. 2.2 These officials shall not remain on board for longer than is necessary for the discharge of their duties. 2.3 Once the inspection and control has been completed, a certificate shall be issued to the master/skipper of the vessel.

Appears in 2 contracts

Sources: Fisheries Partnership Agreement, Fisheries Partnership Agreement

Observers. 1. At the moment time of the lodging a license application, each Community vessel registration, all Community vessels concerned shall contribute EUR 400 to a ‘Fisheries Observers Project Fund’ to be paid into Government Revenue Account No 0260-002 with the Kiribati Government account No 4 in accordance with Article 2(7) National Bank of Solomon Islands, Honiara, specifically for the Protocol, cleared of any deductionsobserver’s programme. 2. Vessels authorised to fish in Kiribati Solomon Islands waters under the Agreement shall take on board observers appointed by the WCPFC Solomon Islands on the terms set out below: — at : 2.1. The Permanent Secretary shall determine each year the request scope of the WCPFC Community vessels shall take programme for observation on board on the basis of the number of vessels authorised to fish in the waters under its jurisdiction and the state of the resources targeted by those vessels. It shall determine accordingly the number or percentage of vessels by category of fishery which shall be required to take an observer designated by the organisation in order to check catches made in Kiribati waters, — the WCPFC on board. 2.2. The Permanent Secretary shall draw up a list of vessels designated to take an observer on board and a list of the appointed observers. These lists shall be kept up to date. They shall be forwarded to the European Commission as soon as they have been drawn up and every three months thereafter where they have been updated, — the WCPFC . 2.3. The Permanent Secretary shall inform the shipowners concerned, or their agents, of the name of the observer appointed his intentions to be taken take on board an appointed observer on their vessel vessels at the time the licence is issued, or no later than 15 days before the observer’s planned embarkation datedate and whose name shall be notified as soon as possible. 3. The time spent on board by observers shall be one fishing trip. However, at the express request of the WCPFC, this embarkation may be spread over several trips according to the average duration of trip for a particular vessel. This request shall be made fixed by the competent WCPFC Permanent Secretary but, as a general rule, it should not exceed the time required to carry out their duties. The Permanent Secretary shall inform the shipowners or their agents thereof when notifying them of the name of the observer appointed to be taken on board the vessel in question is notifiedconcerned. 4. The conditions under which observers are taken on board shall be agreed between shipowners or their agents and the competent WCPFCPermanent Secretary. 5. Observers shall be taken on board at a port chosen by the shipowner at the beginning of the first voyage in Kiribati waters after notification of the list of designated vessels. 6. Within two weeks and giving 10 days’ notice, the shipowners concerned shall make known at which Solomon Islands ports in the subregion and on what dates they intend to take observers on board. 76. Where observers are taken on board in a port outside the subregionforeign port, their travel costs shall be borne by the ship- ownershipowner. Should a vessel with a regional an observer from Solomon Islands on board leave regional watersthe Solomon Islands fishing zone, all measures must be taken to ensure the observer’s return to Solomon Islands as soon as possible at the expense of the shipowner. 87. If the observer is not present at the time and place agreed and during the twelve six hours following the time agreed, shipowners ship- owners shall be automatically absolved of their obligation to take the observer on board. 98. Observers shall be treated as officers. They shall carry out the following tasks: — : 8.1. observe the fishing activities of the vessels, — ; 8.2. verify the position of vessels engaged in fishing operations, — ; 8.3. perform biological sampling in the context of scientific programmes, — ; 8.4. note the fishing gear used, — ; 8.5. verify the catch data for Kiribati waters the Solomon Islands zone recorded in the logbook, — ; 8.6. verify the percentages of by-catches and estimate the quantity of discards of species of marketable fin-fish, crusta- ceans, cephalopods and marine mammals; 8.7. report fishing data by any appropriate means once a week while the vessel is fishing in Kiribati watersby radio, including the quantity of catches and by-catches on board. 109. Masters shall do everything in their power to ensure the physical safety and welfare of observers during performance of their duties. 1110. As Similarly, as far as possible, observers they shall be offered every facility needed to carry out their duties. The master shall give them access to the means of communication needed for the discharge of their duties, to documents directly concerned con- cerned with the vessel’s fishing activities, including in particular the logbook and the navigation log, and to those parts of the vessel necessary to facilitate the exercise of their tasks as observer. 1211. While on board, observers shall: — : 11.1. take all appropriate steps to ensure that the conditions of their boarding and presence on the vessel neither interrupt nor hamper fishing operations, — , 11.2. respect the material and equipment on board and the confidentiality of all documents belonging to the said vessel. 1312. At the end of the observation period and before leaving the vessel, observers shall draw up an activity report to be transmitted to the WCPFCPermanent Secretary, with a copy to the master Delegation of the vesselEuropean Commission. They shall sign it in the presence of the master, who may add or cause to be added to it any observations considered relevant, fol- lowed by the master’s signature. A copy of the report shall be handed to the master when the observer is put ashore. 1413. Shipowners shall bear the cost of accommodating observers in the same conditions as the officers, within the con- fines of the practical possibilities offered by officers on the vessel. 1514. The salary and social contributions of the observer shall be borne by the WCPFCSolomon Islands Government. 16. The two parties shall consult each other, and interested third parties, as soon as possible as regards the definition of a system of regional observers and the choice of the competent regional fisheries organisation. Pending the implemen- tation of a system of regional observers, vessels authorised to fish in Kiribati waters under the Agreement shall take on board, instead of regional observers, observers designated by the competent Kiribati authorities in accordance with the rules set out above.

Appears in 2 contracts

Sources: Partnership Agreement, Partnership Agreement

Observers. 1. At the moment time of the lodging a licence application, each Community vessel registration, all Community vessels concerned shall contribute EUR 400 to a ‘Fisheries Observers Project Fund’ to be paid an observer placement fee as specified in Section 1(6)(h) of Chapter I of this Annex into the Kiribati Government account No 4 named in accordance with Article 2(7) of the Protocol, cleared of any deductionsspecifically for the observer's programme. 2. Vessels Community vessels authorised to fish in Kiribati waters the FSM EEZ under the Agreement shall take on board observers appointed by the WCPFC ▇▇▇▇▇ on the terms set out below: — at : (a) the request Executive Director shall determine each year the scope of the WCPFC Community vessels shall take programme for observation on board on the basis of the number of vessels authorised to fish in the waters under its jurisdiction and the state of the resources targeted by those vessels. It shall determine accordingly the number or percentage of vessels by category of fishery which shall be required to take an observer designated by on board; (b) the organisation in order to check catches made in Kiribati waters, — the WCPFC Executive Director shall draw up a list of vessels designated to take an observer on board and a list of the appointed observers. These lists shall be kept up to date. They shall be forwarded to the European Commission as soon as they have been drawn up and every three months thereafter where they have been updated, — ; (c) the WCPFC Executive Director shall inform the shipowners concerned, or their agents, of the name of the observer appointed his intentions to be taken take on board an appointed observer on their vessel vessels at the time the licence is issued, or no later than 15 days before the observer’s 's planned embarkation datedate and whose name shall be notified as soon as possible. 3. The time spent on board by observers shall be one fishing trip. However, at the express request of the WCPFC, this embarkation may be spread over several trips according to the average duration of trip for a particular vessel. This request shall be made fixed by the competent WCPFC Executive Director but, as a general rule, it should not exceed the time required to carry out their duties. The Executive Director shall inform the shipowners or their agents thereof when notifying them of the name of the observer appointed to board the vessel in question is notified. 4. The conditions under which observers are taken on board shall be agreed between shipowners or their agents and the competent WCPFC. 5. Observers shall be taken on board at a port chosen by the shipowner at the beginning of the first voyage in Kiribati waters after notification of the list of designated vesselsvessel concerned. 64. Within two weeks and giving 10 days' notice, the shipowners concerned shall make known at which FSM ports in the subregion and on what dates they intend to take observers on board. 75. Where observers are taken on board in a port outside the subregionforeign port, their travel costs shall be borne by the ship- ownershipowner. Should a vessel with a regional an observer from FSM on board leave regional watersthe FSM EEZ, all measures must be taken to ensure the observer’s 's return to the FSM as soon as possible at the expense of the shipownership owner. 86. If the observer is not present at the time and place agreed and during the twelve six hours following the time agreed, shipowners shall be automatically absolved of their obligation to take the observer on board. 97. Observers shall be treated as officers. They shall carry out the following tasks: — : (a) observe the fishing activities of the vessels, — ; (b) verify the position of vessels engaged in fishing operations, — ; (c) perform biological sampling in the context of scientific programmes, — ; (d) note the fishing gear used, — ; (e) verify the catch data for Kiribati waters FSM EEZ recorded in the logbook, — catch report; (f) verify the percentages of by-catches and estimate the quantity of discards of species of marketable fin-fish, crustaceans, cephalopods and marine mammals; (g) report fishing data by any appropriate means once a week while the vessel is fishing in Kiribati watersby radio, including the quantity of catches and by-catches by‑catches on board. 108. Masters Captains and masters shall permit authorised observers of the FSM to board the authorised vessels operating within the FSM EEZ and shall do everything in their power to ensure the physical safety and welfare of observers during performance of their duties.: 11. As far as possible(a) the captain or master shall allow and assist such authorised observer to board the vessel for scientific, monitoring, and other functions; (b) the captain or master shall assist the observer to have full access and to use facilities and equipment on board the vessel, which the authorised observer may determine necessary to carry out the observer's duties; (c) observers shall have access to the bridge, fish on board and areas, which may be used to hold, process, weigh and store fish; (d) observers may remove a reasonable number of samples and shall have full access to the vessel's records, including its logs, catch reports, and documentation for the purpose of inspection and copying; and (e) observers shall be offered every facility needed allowed to carry out their duties. The master shall give them access gather any other information relating to fisheries in the means of communication needed for the discharge of their duties, to documents directly concerned with the vessel’s fishing activities, including in particular the logbook and the navigation log, and to those parts of the vessel necessary to facilitate the exercise of their tasks as observerEEZ. 129. While on board, observers shall: — : (a) take all appropriate steps to ensure that the conditions of their boarding and presence on the vessel neither interrupt nor hamper fishing operations, — does not interfere in the normal operation of the vessel; (b) respect the material and equipment on board and the confidentiality of all documents belonging to the said vessel. 1310. At the end of the observation period and before leaving the vessel, observers the observer shall draw up an activity report to be transmitted to signed in the WCPFCpresence of the master who may provide additional comments considered relevant, with a copy followed by the master's signature. Copies of the report shall be provided to the master of when the vesselobserver is put ashore and to the Delegation. 1411. Shipowners shall bear the cost of accommodating observers in the same conditions as the officers, within the con- fines of the practical possibilities offered by officers on the vessel. 1512. The salary and social contributions of the observer shall be borne by the WCPFCFSM Government. 16. The two parties shall consult each other, and interested third parties, as soon as possible as regards the definition of a system of regional observers and the choice of the competent regional fisheries organisation. Pending the implemen- tation of a system of regional observers, vessels authorised to fish in Kiribati waters under the Agreement shall take on board, instead of regional observers, observers designated by the competent Kiribati authorities in accordance with the rules set out above.

Appears in 2 contracts

Sources: Partnership Agreement, Partnership Agreement

Observers. 1. At the moment of the vessel registration, all Community vessels shall contribute EUR 400 to a ‘Fisheries Observers Project Fund’ to be paid into the Kiribati Government account No 4 in accordance with Article 2(7) of the Protocol, cleared of any deductions. 2. Vessels authorised to fish in Kiribati Guinean waters under the Agreement shall take on board observers appointed by the WCPFC competent regional fisheries organisation on the terms set out below: — at : 1.1. At the request of the WCPFC competent authority, Community vessels shall take on board an observer designated by the organisation authority in order to check catches made in Kiribati Guinean waters, — the WCPFC . 1.2. The competent authority shall draw up a list of vessels designated to take an observer on board and a list of the appointed observers. These lists shall be kept up to date. They shall be forwarded to the European Commission as soon as they have been drawn up and every three months thereafter where they have been updated, — the WCPFC . 1.3. The competent authority shall inform the shipowners concerned, or their agentsrepresentatives, of the name of the observer appointed to be taken on board their vessel at the time the licence fishing authorisation is issued, or no later than 15 days before the observer’s planned embarkation date. 32. The time spent on board by observers shall be one fishing trip. However, at the express request of the WCPFCcompetent Guinean authorities, this embarkation may be spread over several trips according to the average duration of trip for a particular vessel. This request shall be made by the competent WCPFC authority when the name of the observer appointed to board the vessel in question is notified. 43. The conditions under which observers are taken on board shall be agreed between shipowners or their agents represen­ tatives and the competent WCPFCauthority. 54. Observers shall be taken on board at a port chosen by the shipowner at the beginning of the first voyage trip in Kiribati Guinean waters after notification of the list of designated vessels. 65. Within two weeks and giving 10 days’ notice, the shipowners concerned shall make known at which ports in the subregion and on what dates they intend to take observers on board. 76. Where observers are taken on board in a port country outside the subregion, their travel costs shall be borne by the ship- ownershipowner. Should a vessel with a regional observer on board leave the regional watersfishing zone, all measures must shall be taken to ensure the observer’s return as soon as possible at the expense of the shipowner. 87. If the observer is not present at the time and place agreed and during or within the twelve 12 hours following the time agreed, shipowners shall be automatically absolved of their obligation to take the observer on board. 98. Observers shall be treated as officers. They Where vessels are operating in Guinean waters, they shall carry out the following tasks: — : 8.1. observe the fishing activities of the vessels, — ; 8.2. verify the position of vessels engaged in fishing operations, — ; 8.3. perform biological sampling in the context of scientific programmes, — ; 8.4. note the fishing gear used, — ; 8.5. verify the catch data for Kiribati Guinean waters recorded in the logbook, — ; 8.6. verify the percentages of by-catches and estimate the quantity of discards of species of marketable fin-fish, — ; 8.7. report fishing data by any appropriate means once a week while the vessel is fishing in Kiribati watersdata, including the quantity of catches and by-catches on board, to their competent authority. 109. Masters Skippers shall do everything in their power to ensure the physical safety and welfare of observers during performance of their duties. 1110. As far as possible, observers Observers shall be offered every facility needed to carry out their duties. The master skipper shall give them access to the means of communication needed for the discharge of their duties, to documents directly concerned with the vessel’s fishing activities, including in particular the logbook and the navigation log, and to those parts of the vessel necessary to facilitate the exercise of their tasks as observertasks. 1211. While on board, observers shall: — : 11.1. take all appropriate steps to ensure that the conditions of their boarding and presence on the vessel neither interrupt nor hamper fishing operations, — ; 11.2. respect the material and equipment on board and the confidentiality of all documents belonging to the vessel. 1312. At the end of the observation period and before leaving the vessel, observers shall draw up an activity report to be transmitted to the WCPFCcompetent authorities, with a copy to the master European Commission. They shall sign it in the presence of the vesselskipper, who may add or cause to be added to it any observations considered relevant, followed by the skipper’s signature. A copy of the report shall be handed to the skipper when the scientific observer is put ashore. 1413. Shipowners shall bear the cost of accommodating observers in the same conditions as the officers, within the con- fines confines of the practical possibilities offered by the vessel. 1514. The salary and social contributions of the observer observers shall be borne paid by the WCPFCMinistry responsible for fisheries. Shipowners shall pay the Centre National de Surveillance et de Protection des Pêches EUR 15 for each day spent by an observer on board a vessel. 1615. The two parties Parties shall consult each other, and interested third parties, as soon as possible as regards the definition of a system of regional observers and the choice of the competent regional fisheries organisation. Pending the implemen- implemen­ tation of a system of regional observers, vessels authorised to fish in Kiribati waters Guinea’s fishing zone under the Agreement shall take on board, instead of regional observers, observers designated by the competent Kiribati Guinean authorities in accordance with the rules set out above.

Appears in 2 contracts

Sources: Fisheries Partnership Agreement, Fisheries Partnership Agreement

Observers. Observation of fishing activities 1. At The Parties recognise the moment importance of respecting the vessel registrationobligations of relevant IOTC resolutions with regards to the Scientific Observer Programme and relevant Seychelles' laws and regulations, all Community including electronic observation schemes. However, the modalities for the implementation of electronic observation schemes shall take into account the practical implications for the fleets and the time needed for the transition to such schemes. Designated vessels shall contribute EUR 400 to a ‘Fisheries Observers Project Fund’ to be paid into the Kiribati Government account No 4 in accordance with Article 2(7) of the Protocol, cleared of any deductions.and observers 2. Vessels The Union purse seine vessels authorised to fish in Kiribati waters the Seychelles fishing zone under the Agreement shall take on board observers appointed by the WCPFC on the terms set out below: — shall, at the request of the WCPFC Community vessels Seychelles authorities, embark one observer, in the context of a national or regional observation programme under the terms set out in this Chapter. The embarkation of additional observers shall take on board an observer designated also be considered subject to a case by the organisation in order to check catches made in Kiribati waters, — the WCPFC case agreement. 3. The Seychelles authorities shall draw up a list of Union purse seine vessels designated to take embark an observer on board and a list of the appointed observers, while taking into account the characteristics of the vessels and possible space limitations due to security requirements. These lists The list shall be kept up to date. They shall be date and forwarded to the European Commission Union authorities as soon as they have it has been drawn up up, and every three months thereafter where they have been each time it is updated, — the WCPFC . 4. The Seychelles authorities shall inform the shipowners concerned, or their agents, of communicate the name of the designated observer appointed to be taken on board their the agent of the Union vessel at the time the licence is issued, or no concerned not later than 15 days before the observer’s 's planned embarkation date.. Embarkation conditions 35. The time spent on board by observers shall be one fishing tripfixed by the Seychelles authorities and, as a general rule, shall not exceed the time required to carry out their duties. HoweverIn the context of a regional observers programme, at the express request observer may remain on board for a mutually agreed extended period. The Seychelles authorities shall inform the agent of the WCPFC, this embarkation may be spread over several trips according to the average duration of trip for a particular vessel. This request shall be made by the competent WCPFC Union vessel thereof when notifying the name of the observer appointed to board the vessel in question is notifieddesignated observer. 46. The conditions under which for embarkation of observers are taken on board shall be agreed between shipowners or their agents the ship-owners and the competent WCPFC. 5. Observers shall be taken on board at a port chosen by Seychelles authorities after the shipowner at the beginning of the first voyage in Kiribati waters after notification of the list of designated vesselsobservers. 67. Within Where observers are to be embarked in Seychelles, within two weeks and giving 10 days' notice, the shipowners ship-owners concerned shall make known at which ports in the subregion port or location, and on what dates they intend to take observers on boardbe embarked. 78. Where observers are taken on board to be embarked in a port outside the subregionforeign port, their travel costs shall be borne by the ship- ship-owner. Should If a vessel with a regional an observer from Seychelles on board leave regional leaves Seychelles waters, all measures must shall be taken to ensure the observer’s safe return of the observer to Seychelles as soon as possible at the expense of the shipownership-owner. 89. If the an observer is not present at the time and place agreed and or during the twelve six hours following the time agreed, shipowners ship-owners shall be automatically absolved relieved of their obligation to take embark the observer on boardobserver. 910. Ship-owners shall bear the cost of providing board and accommodation for observers in the same conditions as for the officers on board the vessel. 11. Observers shall be treated as officers. 12. They The salary and applicable taxes of the observers shall carry out be borne by the following tasks: — competent Seychelles authorities. Observers' duties 13. Observers shall observe and record the fishing activities of the vesselsvessels for scientific purposes, — verify in particular: – the species, quantity, size and condition of fish taken, – the method by which, the areas in which, and the depth at which, fish are taken, – the position of Union vessels engaged in fishing operationsoperations and the fishing gear used, – the catch data for the Seychelles fishing zone recorded in the logbook, including the percentage of by-catches and an estimation of discards, – where relevant, processing, transhipment, storage, or disposal of any fish. 14. Observers shall maintain a regular communication channel with the Seychelles authorities, making use of the communication means available on board the Union vessel. 15. In addition, observers may carry out other duties such as: – perform biological sampling in the context of a scientific programmesprogramme, — note – monitor the impact of the fishing gear used, — verify activities on the catch data for Kiribati waters recorded in resource and on the logbook, — verify the percentages of by-catches and estimate the quantity of discards of species of marketable fin-fish, — report fishing data by any appropriate means once a week while the vessel is fishing in Kiribati waters, including the quantity of catches and by-catches on boardenvironment. 1016. Masters The masters of Union vessels shall do everything in their power reasonably practicable to ensure the physical safety and welfare of observers during performance of their dutieswhile on board. 1117. As far as possible, observers Observers shall be offered every facility needed to carry out their duties. The master of the Union vessel shall give them access to the means of communication needed for the discharge of their duties, to documents directly concerned with regarding the vessel’s 's fishing activities, including in particular the logbook and the navigation log, and to those parts of the vessel necessary to facilitate the exercise performance of their tasks as observer.observers. Observers' obligations 1218. While on board, observers shall: take all appropriate steps to ensure that the conditions of their boarding and presence on the Union vessel neither interrupt nor hamper fishing operations, — respect – take necessary care with regards to the material and equipment on board and board, – ensure the confidentiality of all data and documents belonging to regarding the vesselUnion vessel and its activities and any information collected. 1319. At the end of the observation period embarkation and before leaving the Union vessel, observers the observer shall draw up an activity report to be transmitted to the WCPFCcompetent Seychelles authorities, with a copy to the Union authorities within 15 days. The report shall be signed by the observer. A copy of the report shall be handed to the master of the vessel. 14. Shipowners shall bear the cost of accommodating observers in the same conditions as the officers, within the con- fines of the practical possibilities offered by the vessel. 15. The salary and social contributions of Union vessel when the observer leaves that vessel. Sanctions 1. Failure to observe the provisions of this Protocol or the applicable laws and regulations of Seychelles relating to the conservation and management of marine living resources in Seychelles waters, is an offence and shall be borne by the WCPFC. 16. The two parties shall consult each other, and interested third parties, as soon as possible as regards the definition of liable to a system of regional observers and the choice of the competent regional fisheries organisation. Pending the implemen- tation of a system of regional observers, vessels authorised to fish in Kiribati waters under the Agreement shall take on board, instead of regional observers, observers designated by the competent Kiribati authorities sanction in accordance with the rules set out abovelaws of Seychelles. 2. The flag Member State of the Union and the Union shall be immediately and fully informed of any sanctions and of all relevant facts related thereto. 3. Where a sanction takes the form of suspension or revocation of a fishing authorisation, during the remaining period of the validity of a fishing authorisation which has been suspended or revoked, the Union may request another fishing authorisation which would have otherwise been applicable, for a vessel from another ship-owner. Arrest and detention of Union vessels 4. The Seychelles authorities shall immediately inform the EU Delegation and the flag Member State of the Union, of the arrest or detention of any Union vessel operating under the Agreement and shall transmit a copy of the inspection report, detailing the circumstances and reasons of the arrest or detention within 48 hours. Information exchange procedure in the event of arrest or detention 5. Whilst respecting the deadlines and procedures of legal proceedings as provided for by the laws of Seychelles relating to arrest or detention, upon receipt of the information referred to in point 4, a consultation meeting shall be held between the Union authorities and the competent Seychelles authorities, possibly attended by a representative of the concerned Member State of the Union. 6. At the consultation meeting, the Parties shall exchange any relevant documentation or information helping to clarify the circumstances of the established facts. The ship-owner or its agent shall be informed of the outcome of the meeting and of any measures resulting from the arrest or detention. Settlement of arrest or detention 7. An attempt shall be made to settle the presumed infringement amicably. That procedure shall be completed not later than three working days after the arrest or detention, in accordance with the laws of Seychelles. 8. In the event of an amicable settlement, the amount of the fine shall be determined in accordance with the laws of Seychelles. If such an amicable settlement is not possible, the legal proceeding shall take its course. 9. The Union vessel shall be released and its master discharged once the obligations arising under the amicable settlement have been fulfilled and the legal proceedings have been completed. 10. The Union, via the EU Delegation, shall be kept informed of any proceedings initiated and penalties imposed. Appendices Appendix 1 Seychelles fishing authorisation application form for Union fishing and support vessels Appendix 2 Technical sheet for Union vessels conducting fishing activities in Seychelles Appendix 3 Communication format reports Appendix 4 Implementation of the electronic system for recording and reporting of fishing activities (ERS) Appendix 5 Vessel Monitoring System (VMS) Appendix 6 Guidelines for engaging Seychelles seamen on Union purse seine vessels SEYCHELLES FISHING AUTHORISATION APPLICATION FORM FOR UNION FISHING AND SUPPORT VESSELS I. APPLICANT 1. Name of ship-owner: ..........................................................................................................

Appears in 1 contract

Sources: Sustainable Fisheries Partnership Agreement

Observers. Observation of fishing activities 1. At Vessels holding a fishing authorisation shall be subject to a scheme for observing their fishing activities carried out within the moment framework of the vessel registration, all Community vessels shall contribute EUR 400 to a ‘Fisheries Observers Project Fund’ to be paid into the Kiribati Government account No 4 in accordance with Article 2(7) of the Protocol, cleared of any deductionsAgreement. 2. Vessels authorised This observation scheme shall conform to fish in Kiribati waters under the Agreement recommendations adopted by ICCAT. 3. Until such time as the new ICCAT Regional Observer Programme becomes operational, the following provisions on observers shall take on board observers appointed by apply. Designated vessels and observers 4. The BNF shall designate the WCPFC on Union vessels which must allow an observer to embark and the terms set out below: — observer assigned to them at the latest 15 calendar days before the date provided for the embarkation of the observer. Union vessels shall, at the request of the WCPFC Community vessels shall Liberian authorities, take on board an one observer designated by the organisation in order to check catches made in Kiribati waters, — reach the WCPFC cover rate of 15 % of authorised vessels. 5. The BNF shall draw up a list of vessels designated to take an observer on board and a list of the appointed observers. These Those lists shall be kept up to date. They shall be forwarded to the European Commission Union as soon as they have been drawn up and every three months thereafter where when they have been updated. 6. When the fishing authorisation is issued, the WCPFC BNF shall inform the shipowners concernedUnion and the vessel owner, or their agentshis agent, of the name of designated vessels and the observer appointed to observers which will be taken present on board their each vessel. The time and port of embarkation, which may be a non-Liberian port, shall be chosen by the vessel-owner. The BNF shall immediately inform the Union and the vessel at owner or his agent of any change in the time the licence is issueddesignated vessels and observers. 7. The BNF shall endeavour not to designate observers for vessels which already have an observer on board, or no later which are already formally obliged to allow an observer to embark during the fishing season in question as part of their activities in fishing zones other than 15 days before the observer’s planned embarkation dateLiberian fishing zone. 38. The time spent on board by observers shall be one fishing trip. Howevertrip or, at the express request of the WCPFCvessel-owner, this embarkation may be spread over several trips according to the average duration of more than one fishing trip for a particular vessel. This request shall be made by the competent WCPFC when the name of the observer appointed to board the vessel in question is notified. 4. The conditions under which observers are taken on board shall be agreed between shipowners or their agents and the competent WCPFC. 5. Observers shall be taken on board at a port chosen by the shipowner at the beginning of the first voyage in Kiribati waters after notification of the list of designated vessels. 6. Within two weeks and giving 10 days’ notice, the shipowners concerned shall make known at which ports in the subregion and on what dates they intend to take observers on board. 7. Where observers are taken on board in a port outside the subregion, their travel costs shall be borne by the ship- owner. Should a vessel with a regional observer on board leave regional waters, all measures must be taken to ensure the observer’s return as soon as possible at the expense of the shipowner. 8. If the observer is not present at the time and place agreed and during the twelve hours following the time agreed, shipowners shall be automatically absolved of their obligation to take the observer on board. 9. Observers The observers shall be treated as officers. They shall carry out the following tasks: — observe the fishing activities of the vessels, — verify the position of vessels engaged in fishing operations, — perform biological sampling in the context of scientific programmes, — note the fishing gear used, — verify the catch data for Kiribati waters recorded in the logbook, — verify the percentages of by-catches and estimate the quantity of discards of species of marketable fin-fish, — report fishing data by any appropriate means once a week while not spend more time on board the vessel than is fishing in Kiribati waters, including the quantity of catches and by-catches on board. 10. Masters shall do everything in their power to ensure the physical safety and welfare of observers during performance of their duties. 11. As far as possible, observers shall be offered every facility needed necessary to carry out their duties. The master shall give them access to the means of communication needed for the discharge of their duties, to documents directly concerned with the vessel’s fishing activities, including in particular the logbook and the navigation log, and to those parts of the vessel necessary to facilitate the exercise of their tasks as observer.Flat-rate financial contribution 12. While on board, observers shall: — take all appropriate steps to ensure that the conditions of their boarding and presence on the vessel neither interrupt nor hamper fishing operations, — respect the material and equipment on board and the confidentiality of all documents belonging to the vessel. 1310. At the end time the annual advance fee is paid, the vessel owner shall also pay Liberia a flat-rate sum of the observation period and before leaving the EUR 400 per year for each vessel, observers shall draw up an activity report to be transmitted to the WCPFC, with a copy to the master of the vessel.. Observer's salary 14. Shipowners shall bear the cost of accommodating observers in the same conditions as the officers, within the con- fines of the practical possibilities offered by the vessel. 1511. The salary and social contributions of the observer shall be borne by Liberia. Embarkation conditions 12. The embarkation conditions for the WCPFCobserver, in particular the duration of presence on board, shall be defined by mutual agreement between the vessel owner or his agent and the BNF. 13. Observers shall be treated on board as officers. However, receiving the observer on board shall take into account the technical structure of the vessel. 14. The vessel owner shall bear the costs of providing accommodation and food for the observer on board, including access to washing and toilet facilities, of a quality at least as good as that supplied to officers on the fishing vessel. 15. The master shall take all the measures for which he is responsible to guarantee the physical safety and general wellbeing of the observer. 16. The two parties master shall consult each otherensure that the observer has access to the facilities, gear and equipment on board the vessel which the observer needs to carry out his duties, including: (i) the bridge and the communications and navigation equipment of the vessel; (ii) the documents and records, including all logbooks of the vessel, whether required to be carried and maintained under Liberia Fisheries Regulation or otherwise for purposes of record inspection and copying; 17. The master shall permit the observer at all times to: (i) receive and transmit messages and communicate with the shore and other vessels by means of the vessel's communications equipment; (ii) take, measure, remove from the vessel and retain samples or whole specimens of any fish; (iii) store samples and whole specimens on the vessel, including samples and whole specimens held in the vessel's freezing facilities; (iv) take photographs of the fishing activities, including fish, gear, equipment, documents, charts and records, and interested third partiesremove from the vessel such photographs or film as the observer may have taken or used on board the vessel. Observer's obligations 18. Whilst they are on board observers shall: (a) take all appropriate measures so as not to interrupt or hinder fishing operations; (b) respect on-board property and equipment; (c) respect the confidential nature of any document belonging to the vessel. Embarkation and landing of observers 19. The vessel owner or his agent shall notify Liberia, with a notice period of ten calendar days before the embarkation, of the date, time and port of embarkation of the observer. If the observer is embarked in a foreign country, their travel costs to the port of embarkation shall be borne by the vessel owner. 20. If the observer does not arrive to embark within 12 hours of the date and time set, the vessel owner shall be auto­ matically discharged from his obligation to allow the observer to embark. The vessel shall be free to leave the port and start fishing operations. 21. Where the observer is not disembarked in a Liberian port, the vessel owner shall bear the costs of repatriation of the observer to Liberia as soon as possible as regards possible. 22. If the definition vessel does not arrive at the agreed time at the previously agreed port to receive an observer, the ship-owner shall pay the costs at a daily subsistence rate of a system EUR 80 for the number of regional observers days relating to the observer's inability to board while waiting at the port (accommodation, food, etc.). 23. If the vessel fails to appear, without having provided the BNF and the choice of the competent regional fisheries organisation. Pending the implemen- tation of a system of regional observersNFMC with prior notification, vessels authorised to fish in Kiribati waters under the Agreement shall Liberia may take on board, instead of regional observers, observers designated by the competent Kiribati authorities appropriate action in accordance with the rules set applicable Liberian legislation. Observer's duties 24. The observer shall carry out abovethe following duties: (a) observe the fishing activities of the vessel; (b) the species, quantity, size and condition of fish taken; (c) the methods by which, the areas in which, and the depths at which, fish are taken; (d) the effects of fishing methods on fish, and the environment; (e) processing, transportation, transhipment, storage, or disposal of any fish; (f) verify the position of the vessel during fisheries operations; (g) perform biological sampling in the context of a scientific programme; (h) note the fishing gear used; (i) verify the catch data for the Liberian fishing zone recorded in the logbook; (j) verify the percentages of by-catch and estimate the discarded catch; (k) communicate observations by radio, fax or e-mail at least once a week while the vessel is fishing in the Liberian fishing zone, including the quantity of catch and by-catch on board. Observer's report 25. Before leaving the vessel, the observer shall submit a summary report of his observations to the master of the vessel, the content of which shall be agreed on by the Joint Committee. The master of the vessel shall have the right to make comments in the observer's report. The report shall be signed by the observer and the master. The master shall receive a copy of the observer's report. 26. The observer shall send his report to the BNF, which shall send a copy of it to the Union within 15 calendar days of the observer's disembarkation. 27. The information contained in the observer report may be used for both science and compliance analysis by the competent Liberian and Union authorities.

Appears in 1 contract

Sources: Sustainable Fisheries Partnership Agreement

Observers. 1. At Both Parties recognize the moment importance of respecting the vessel registration, all Community vessels shall contribute EUR 400 obligations of IOTC Resolution with regard to a ‘Fisheries Observers Project Fund’ to be paid into the Kiribati Government account No 4 in accordance with Article 2(7) of the Protocol, cleared of any deductionsScientific Observer Programme. 2. Vessels A vessel authorised to fish in Kiribati Seychelles waters under the this Agreement shall take on board observers appointed by the WCPFC on the terms set out below: — at the request Seychelles Authority However, technical aspects of the WCPFC Community vessel will be taken into account before receiving the observer on board. The provisions relating to the embarkation of observers are as follows: (a) Mauritius vessels shall take on board an observer designated by one observer, in the organisation in order to check catches made in Kiribati waters, — context of a regional o r n a t i o n a l observation programme; (b) the WCPFC Seychelles Authority shall draw up a list of Mauritius vessels designated to take an observer on board and a list of the appointed observers. These Those lists shall be kept up to date. They shall be forwarded to the European Commission Mauritius as soon as they have been drawn up up, and every three months thereafter thereafter, where they have been updated, — the WCPFC ; and (c) t he Seychelles Authority shall inform the shipowners owner of a Mauritius vessel concerned, or their agentsits agent, of the name of the observer appointed to be taken on board their the vessel at the time the licence is issued, or no not later than 15 days before the observer’s 's planned embarkation date. 3. The time spent on board a M a u r i t i u s v e s s e l by observer shall not exceed the time required to carry out their duties, unless the observers shall be one fishing trip. However, at are appointed in the express request context of regional Observer Programmes where he/she may remain on board to undertake his/her duties in the context of the WCPFC, this embarkation may be spread over several trips according to Programme. The Seychelle s Au thority shall inform the average duration owner of trip for a particular vessel. This request shall be made by the competent WCPFC Mauritius vessel or its agent thereof when notifying it of the name of the observer appointed to be taken on board the Mauritius vessel in question is notifiedconcerned. 4. The conditions under which observers are an observer is taken on board shall be agreed between shipowners ship owners or their agents t he i r agent and the competent WCPFC. 5. Observers shall be taken on board at a port chosen by the shipowner at the beginning of the first voyage in Kiribati waters Seychelles Authority after notification of the list of designated Mauritius vessels. 65. Within two weeks and upon giving 10 not less than ten (10) days' written notice, the shipowners concerned ship owner of a Mauritius vessel c o n c e r n e d shall make known at which ports in the subregion port and on what dates they intend date it intends to take observers an observer on board. 76. Where observers are taken on board in a port outside the subregionforeign port, their travel costs shall be borne by the ship- ownerowner of the vessel. Should a Mauritius vessel with a regional an observer from Seychelles on board leave regional Seychelles waters, all measures must be taken to ensure the observer’s return observer returns to Seychelles as soon as possible at the expense of the shipownerowner of the vessel, unless the observer is continuing with the Mauritius vessel in the context of his observer duties through another agreement or observer programme. 87. If the observer is not present at the time and place agreed and during the twelve (12) hours following the time agreed, shipowners the owner of the Mauritius vessel shall be automatically absolved of their the obligation to take the observer on board. 98. Observers shall be treated as officers. They shall carry out the following tasks: — : (a) observe the fishing activities of the Mauritius vessels, — ; (b) verify the position of Mauritius vessels engaged in fishing operations, — perform biological sampling in the context of scientific programmes, — ; (c) note the fishing gear used, — verify the catch data for Kiribati waters recorded in the logbook, — verify the percentages ; (d) note deployment of by-catches Fish Aggregating Devices including type of FADs and estimate the quantity of discards of species of marketable fin-fish, — report fishing data by any appropriate means once a week while the vessel is fishing in Kiribati waters, including the quantity of catches and by-catches on board. 10. Masters shall do everything in their power to ensure the physical safety and welfare of observers during performance of their duties. 11. As far as possible, observers shall be offered every facility needed to carry out their duties. The master shall give them access to the means of communication needed for the discharge of their duties, to documents directly concerned with the vessel’s fishing activities, including in particular the logbook and the navigation log, and to those parts of the vessel necessary to facilitate the exercise of their tasks as observer. 12. While on board, observers shall: — take all appropriate steps to ensure that the conditions of their boarding and presence on the vessel neither interrupt nor hamper fishing operations, — respect the material and equipment on board and the confidentiality of all documents belonging to the vessel. 13. At the end of the observation period and before leaving the vessel, observers shall draw up an activity report to be transmitted to the WCPFC, with a copy to the master of the vessel. 14. Shipowners shall bear the cost of accommodating observers in the same conditions as the officers, within the con- fines of the practical possibilities offered by the vessel. 15. The salary and social contributions of the observer shall be borne by the WCPFC. 16. The two parties shall consult each other, and interested third parties, as soon as possible as regards the definition of a system of regional observers and the choice of the competent regional fisheries organisation. Pending the implemen- tation of a system of regional observers, vessels authorised to fish in Kiribati waters under the Agreement shall take on board, instead of regional observers, observers designated by the competent Kiribati authorities in accordance with the rules set out above.beacon used;

Appears in 1 contract

Sources: Fishing Agreement

Observers. 1. At Both Parties recognise the moment importance of respecting the vessel registration, all Community vessels shall contribute EUR 400 obligations of IOTC Resolution with regard to a ‘Fisheries Observers Project Fund’ to be paid into the Kiribati Government account No 4 in accordance with Article 2(7) of the Protocol, cleared of any deductionsScientific Observer Programme. 2. Vessels A vessel authorised to fish in Kiribati Mauritius waters under the this Agreement shall take on board observers appointed by the WCPFC on the terms set out below: — at the request Mauritius Authority. However, technical aspects of the WCPFC Community vessel will be taken into account before receiving the observer on board, The provisions relating to the embarkation of observers are as follows: (a) Seychelles vessels shall take on board an observer designated by one observer, in the organisation in order to check catches made in Kiribati waters, — the WCPFC context of a regional o r n a t i o n a l o b s e r v a t i o n programme. (b) The Mauritius Authority shall draw up a list of Seychelles vessels designated to take an observer on board and a list of the appointed observers. These Those lists shall be kept up to date. They shall be forwarded to the European Commission Seychelles Authorities as soon as they have been drawn up up, and every three months thereafter thereafter, where they have been updated, — the WCPFC . (c) The Mauritius Authority shall inform the shipowners owners of the Seychelles vessels concerned, or their agents, of the name of the observer appointed to be taken on board their vessel at the time the licence is issued, or no not later than 15 days before the observer’s 's planned embarkation date. 3. The time spent on board a S e y c h e l l e s v e s s e l by observers shall be one fishing trip. Howevernot exceed the time required to carry out their duties, at unless the express request observers are appointed in the context of a regional Observer Programme where he/she may remain on board to undertake his/her duties in the context of the WCPFC, this embarkation may be spread over several trips according to Programme. The Mauritius Authority shall inform the average duration Seychelles vessel owners or their agents thereof when notifying them of trip for a particular vessel. This request shall be made by the competent WCPFC when the name of the observer appointed to be taken on board the Seychelles vessel in question is notifiedconcerned. 4. The conditions under which observers are taken on board shall be agreed between shipowners ship owners or their agents and the competent WCPFC. 5. Observers shall be taken on board at a port chosen by the shipowner at the beginning of the first voyage in Kiribati waters Mauritius Authority after it has received notification of the list of designated Seychelles vessels. 65. Within two weeks and upon giving 10 ten (10) days' written notice, the shipowners ship owners of the Seychelles vessels concerned shall make known at which ports in the subregion port and on what dates they intend to take observers on board. 76. Where observers are taken on board in a port outside the subregionforeign port, their travel costs shall be borne by the ship- ownerowner of the vessel. Should a Seychelles vessel with a regional an observer from Mauritius on board leave regional Mauritius waters, all measures must be taken to ensure the observer’s return observer returns to Mauritius as soon as possible at the expense of the shipownership owner, unless the observer is continuing with the Seychelles vessel in the context of his observer duties through another agreement or observer programme. 87. If the observer is not present at the time and place agreed and during the twelve hours following the time agreed, shipowners shall be automatically absolved of their obligation to take the observer on board. 9. Observers shall be treated as officers. They shall carry out the following tasks: — observe the fishing activities of the vessels, — verify the position of vessels engaged in fishing operations, — perform biological sampling in the context of scientific programmes, — note the fishing gear used, — verify the catch data for Kiribati waters recorded in the logbook, — verify the percentages of by-catches and estimate the quantity of discards of species of marketable fin-fish, — report fishing data by any appropriate means once a week while the vessel is fishing in Kiribati waters, including the quantity of catches and by-catches on board. 10. Masters shall do everything in their power to ensure the physical safety and welfare of observers during performance of their duties. 11. As far as possible, observers shall be offered every facility needed to carry out their duties. The master shall give them access to the means of communication needed for the discharge of their duties, to documents directly concerned with the vessel’s fishing activities, including in particular the logbook and the navigation log, and to those parts of the vessel necessary to facilitate the exercise of their tasks as observer. 12. While on board, observers shall: — take all appropriate steps to ensure that the conditions of their boarding and presence on the vessel neither interrupt nor hamper fishing operations, — respect the material and equipment on board and the confidentiality of all documents belonging to the vessel. 13. At the end of the observation period and before leaving the vessel, observers shall draw up an activity report to be transmitted to the WCPFC, with a copy to the master of the vessel. 14. Shipowners shall bear the cost of accommodating observers in the same conditions as the officers, within the con- fines of the practical possibilities offered by the vessel. 15. The salary and social contributions of the observer shall be borne by the WCPFC. 16. The two parties shall consult each other, and interested third parties, as soon as possible as regards the definition of a system of regional observers and the choice of the competent regional fisheries organisation. Pending the implemen- tation of a system of regional observers, vessels authorised to fish in Kiribati waters under the Agreement shall take on board, instead of regional observers, observers designated by the competent Kiribati authorities in accordance with the rules set out above.twelve

Appears in 1 contract

Sources: Fishing Agreement

Observers. 1. At the moment of the vessel registration, all Community vessels shall contribute EUR 400 to a ‘Fisheries Observers Project Fund’ to be paid into the Kiribati Government account No 4 in accordance with Article 2(7) of the Protocol, cleared of any deductions. 2. Vessels authorised licensed to fish in Kiribati waters under the Agreement shall take on board observers appointed observers, preferably accredited at regional level and designated by the WCPFC Comorian authorities responsible for fisheries, on the terms set out below: — at . 1.1. At the request of the WCPFC Community Ministry responsible for fisheries in the Union of the Comoros, tuna vessels shall take on board an observer designated appointed by the organisation in order Ministry to check catches made in Kiribati Comorian waters, — . 1.2. The competent authority of the WCPFC Union of the Comoros shall draw up a list of vessels designated to take an observer on board and a list of the appointed observers. These lists shall be kept up to date. They shall be forwarded to the European Commission EU as soon as they have been drawn up and every three months thereafter where they have been updated, — . 1.3. The competent authority of the WCPFC Union of the Comoros shall inform the shipowners vessel owners concerned, or their agents, of the name of the observer appointed to be taken on board their the vessel at the time the licence is issued, or no later than 15 days before the observer’s 's planned embarkation date, also indicating the time the observer will spend on board the vessel. 3. The time spent on board by observers shall be one fishing trip. However, at the express request of the WCPFC, this embarkation may be spread over several trips according to the average duration of trip for a particular vessel. This request shall be made by the competent WCPFC when the name of the observer appointed to board the vessel in question is notified. 42. The conditions under which observers are an observer is taken on board shall be agreed between shipowners the vessel owner or their agents and the competent WCPFCComorian authorities. 53. Observers The observer shall be taken on board at embark in a port chosen by the shipowner at vessel owner. The vessel owners concerned shall notify the beginning competent authorities ten days in advance of the first voyage in Kiribati waters after notification of date and port selected for taking the list of designated vessels. 6. Within two weeks and giving 10 days’ notice, the shipowners concerned shall make known at which ports in the subregion and on what dates they intend to take observers on board. 74. Where observers are taken on board in a port outside the subregionforeign country, their travel costs shall be borne by the ship- vessel owner. Should a vessel with a regional an observer on board leave regional watersthe Union of the Comoros's fishing zone, all measures must be taken to ensure the observer’s 's return to the Union of the Comoros as soon as possible at the expense of the shipownervessel owner. 85. If the observer is not present at the time and place agreed and during or within the twelve hours following the time agreed, shipowners the vessel owner shall be automatically absolved of their obligation to take the observer on board. 96. Observers An observer shall be treated on board as officersan officer. They He or she shall carry out the following tasks: — observe the vessels' fishing activities of the vessels, activities; — verify the position of vessels engaged in fishing operations, — perform biological sampling in the context of scientific programmes, ; — note the fishing gear used, ; — verify the catch data for Kiribati waters recorded in the logbook, logbook for catches taken in the Union of the Comoros's fishing zone; — verify the percentages of by-catches and estimate the quantity of discards of species of marketable fin-fish, crustaceans and cephalopods; — report fishing data by any appropriate means once a week while the vessel is fishing in Kiribati watersradio, including the quantity of catches and by-catches on board. 107. Masters The master shall do everything in their his/her power to ensure the physical safety and welfare of observers the observer during the performance of their his/her duties. 118. As far as possible, observers The observer shall be offered every facility needed to carry out their duties. The master shall give them him/her access to the means of communication needed for the discharge of their duties, to documents directly concerned with the vessel’s 's fishing activities, including in particular the logbook and the navigation log, and to those parts of the vessel necessary to facilitate the exercise of their tasks as observertasks. 129. While on board, observers the observer shall: — take all appropriate steps to ensure that the conditions of their boarding and presence on the vessel neither interrupt nor hamper fishing operations, ; — respect the material and equipment on board and the confidentiality of all documents belonging to the vessel. 1310. At the end of the observation period and before leaving the vessel, observers the observer shall draw up an activity report to be transmitted to the WCPFCcompetent authorities in the Union of the Comoros, with a copy to the EU Delegation in Mauritius. He/she shall sign it in the presence of the master, who may add or cause to be added to it any observations considered relevant, followed by the master's signature. A copy of the report shall be given to the master of the vesselvessel when the observer is put ashore. 1411. Shipowners The observer shall bear be provided with board and lodging at the cost of accommodating observers vessel owner's expense in the same conditions as the officers, within the con- fines confines of the practical possibilities offered by structure of the vessel. 1512. The salary and the social security contributions of the observer shall be borne by the WCPFC. 16. The two parties shall consult each other, and interested third parties, as soon as possible as regards the definition of a system of regional observers and the choice competent authorities of the competent regional fisheries organisation. Pending Union of the implemen- tation of a system of regional observers, vessels authorised to fish in Kiribati waters under the Agreement shall take on board, instead of regional observers, observers designated by the competent Kiribati authorities in accordance with the rules set out aboveComoros.

Appears in 1 contract

Sources: Fisheries Partnership Agreement

Observers. 1. At Both Parties recognize the moment importance of respecting the vessel registration, all Community vessels shall contribute EUR 400 obligations of IOTC Resolution with regard to a ‘Fisheries Observers Project Fund’ to be paid into the Kiribati Government account No 4 in accordance with Article 2(7) of the Protocol, cleared of any deductionsScientific Observer Programme. 2. Vessels A vessel authorised to fish in Kiribati Seychelles waters under the this Agreement shall take on board observers appointed by the WCPFC on the terms set out below: — at the request Seychelles Authority However, technical aspects of the WCPFC Community vessel will be taken into account before receiving the observer on board. The provisions relating to the embarkation of observers are as follows: (a) Mauritius vessels shall take on board an observer designated by one observer, in the organisation in order to check catches made in Kiribati waters, — context of a regional o r n a t i o n a l observation programme; (b) the WCPFC Seychelles Authority shall draw up a list of Mauritius vessels designated to take an observer on board and a list of the appointed observers. These Those lists shall be kept up to date. They shall be forwarded to the European Commission Mauritius as soon as they have been drawn up up, and every three months thereafter thereafter, where they have been updated, — the WCPFC ; and (c) t he Seychelles Authority shall inform the shipowners owner of a Mauritius vessel concerned, or their agentsits agent, of the name of the observer appointed to be taken on board their the vessel at the time the licence is issued, or no not later than 15 days before the observer’s 's planned embarkation date. 3. The time spent on board a M a u r i t i u s v e s s e l by observer shall not exceed the time required to carry out their duties, unless the observers shall be one fishing trip. However, at are appointed in the express request context of regional Observer Programmes where he/she may remain on board to undertake his/her duties in the context of the WCPFC, this embarkation may be spread over several trips according to Programme. The Seychelle s Authority shall inform the average duration owner of trip for a particular vessel. This request shall be made by the competent WCPFC Mauritius vessel or its agent thereof when notifying it of the name of the observer appointed to be taken on board the Mauritius vessel in question is notifiedconcerned. 4. The conditions under which observers are an observer is taken on board shall be agreed between shipowners ship owners or their agents t he i r agent and the competent WCPFC. 5. Observers shall be taken on board at a port chosen by the shipowner at the beginning of the first voyage in Kiribati waters Seychelles Authority after notification of the list of designated Mauritius vessels. 65. Within two weeks and upon giving 10 not less than ten (10) days' written notice, the shipowners concerned ship owner of a Mauritius vessel co n c e r n e d shall make known at which ports in the subregion port and on what dates they intend date it intends to take observers an observer on board. 76. Where observers are taken on board in a port outside the subregionforeign port, their travel costs shall be borne by the ship- ownerowner of the vessel. Should a Mauritius vessel with a regional an observer from Seychelles on board leave regional Seychelles waters, all measures must be taken to ensure the observer’s return observer returns to Seychelles as soon as possible at the expense of the shipownerowner of the vessel, unless the observer is continuing with the Mauritius vessel in the context of his observer duties through another agreement or observer programme. 87. If the observer is not present at the time and place agreed and during the twelve (12) hours following the time agreed, shipowners the owner of the Mauritius vessel shall be automatically absolved of their the obligation to take the observer on board. 98. Observers shall be treated as officers. They shall carry out the following tasks: — : (a) observe the fishing activities of the Mauritius vessels, — ; (b) verify the position of Mauritius vessels engaged in fishing operations, — perform biological sampling in the context of scientific programmes, — ; (c) note the fishing gear used, — verify the catch data for Kiribati waters recorded in the logbook, — verify the percentages ; (d) note deployment of by-catches Fish Aggregating Devices including type of FADs and estimate the quantity of discards of species of marketable fin-fish, — report fishing data by any appropriate means once a week while the vessel is fishing in Kiribati waters, including the quantity of catches and by-catches on board. 10. Masters shall do everything in their power to ensure the physical safety and welfare of observers during performance of their duties. 11. As far as possible, observers shall be offered every facility needed to carry out their duties. The master shall give them access to the means of communication needed for the discharge of their duties, to documents directly concerned with the vessel’s fishing activities, including in particular the logbook and the navigation log, and to those parts of the vessel necessary to facilitate the exercise of their tasks as observer. 12. While on board, observers shall: — take all appropriate steps to ensure that the conditions of their boarding and presence on the vessel neither interrupt nor hamper fishing operations, — respect the material and equipment on board and the confidentiality of all documents belonging to the vessel. 13. At the end of the observation period and before leaving the vessel, observers shall draw up an activity report to be transmitted to the WCPFC, with a copy to the master of the vessel. 14. Shipowners shall bear the cost of accommodating observers in the same conditions as the officers, within the con- fines of the practical possibilities offered by the vessel. 15. The salary and social contributions of the observer shall be borne by the WCPFC. 16. The two parties shall consult each other, and interested third parties, as soon as possible as regards the definition of a system of regional observers and the choice of the competent regional fisheries organisation. Pending the implemen- tation of a system of regional observers, vessels authorised to fish in Kiribati waters under the Agreement shall take on board, instead of regional observers, observers designated by the competent Kiribati authorities in accordance with the rules set out above.beacon used;

Appears in 1 contract

Sources: Fishing Agreement

Observers. Observation of fishing activities 1. At The Parties recognise the moment importance of respecting the vessel registrationobligations of relevant IOTC resolutions with regards to the Scientific Observer Programme and relevant Seychelles' laws and regulations, all Community including electronic observation schemes. However, the modalities for the implementation of electronic observation schemes shall take into account the practical implications for the fleets and the time needed for the transition to such schemes. Designated vessels shall contribute EUR 400 to a ‘Fisheries Observers Project Fund’ to be paid into the Kiribati Government account No 4 in accordance with Article 2(7) of the Protocol, cleared of any deductions.and observers 2. Vessels The Union purse seine vessels authorised to fish in Kiribati waters the Seychelles fishing zone under the Agreement shall take on board observers appointed by the WCPFC on the terms set out below: — shall, at the request of the WCPFC Community vessels Seychelles authorities, embark one observer, in the context of a national or regional observation programme under the terms set out in this Chapter. The embarkation of additional observers shall take on board an observer designated also be considered subject to a case by the organisation in order to check catches made in Kiribati waters, — the WCPFC case agreement. 3. The Seychelles authorities shall draw up a list of Union purse seine vessels designated to take embark an observer on board and a list of the appointed observers, while taking into account the characteristics of the vessels and possible space limitations due to security requirements. These lists The list shall be kept up to date. They shall be date and forwarded to the European Commission Union authorities as soon as they have it has been drawn up up, and every three months thereafter where they have been each time it is updated, — the WCPFC . 4. The Seychelles authorities shall inform the shipowners concerned, or their agents, of communicate the name of the designated observer appointed to be taken on board their the agent of the Union vessel at the time the licence is issued, or no concerned not later than 15 days before the observer’s 's planned embarkation date.. Embarkation conditions 35. The time spent on board by observers shall be one fishing tripfixed by the Seychelles authorities and, as a general rule, shall not exceed the time required to carry out their duties. HoweverIn the context of a regional observers programme, at the express request observer may remain on board for a mutually agreed extended period. The Seychelles authorities shall inform the agent of the WCPFC, this embarkation may be spread over several trips according to the average duration of trip for a particular vessel. This request shall be made by the competent WCPFC Union vessel thereof when notifying the name of the observer appointed to board the vessel in question is notifieddesignated observer. 46. The conditions under which for embarkation of observers are taken on board shall be agreed between shipowners or their agents the ship-owners and the competent WCPFC. 5. Observers shall be taken on board at a port chosen by Seychelles authorities after the shipowner at the beginning of the first voyage in Kiribati waters after notification of the list of designated vesselsobservers. 67. Within Where observers are to be embarked in Seychelles, within two weeks and giving 10 days' notice, the shipowners ship-owners concerned shall make known at which ports in the subregion port or location, and on what dates they intend to take observers on boardbe embarked. 78. Where observers are taken on board to be embarked in a port outside the subregionforeign port, their travel costs shall be borne by the ship- ship-owner. Should If a vessel with a regional an observer from Seychelles on board leave regional leaves Seychelles waters, all measures must shall be taken to ensure the observer’s safe return of the observer to Seychelles as soon as possible at the expense of the shipownership-owner. 89. If the an observer is not present at the time and place agreed and or during the twelve six hours following the time agreed, shipowners ship-owners shall be automatically absolved relieved of their obligation to take embark the observer on boardobserver. 910. Ship-owners shall bear the cost of providing board and accommodation for observers in the same conditions as for the officers on board the vessel. 11. Observers shall be treated as officers. 12. They The salary and applicable taxes of the observers shall carry out be borne by the following tasks: — competent Seychelles authorities. Observers' duties 13. Observers shall observe and record the fishing activities of the vesselsvessels for scientific purposes, — verify in particular: – the species, quantity, size and condition of fish taken, – the method by which, the areas in which, and the depth at which, fish are taken, – the position of Union vessels engaged in fishing operationsoperations and the fishing gear used, – the catch data for the Seychelles fishing zone recorded in the logbook, including the percentage of by-catches and an estimation of discards, – where relevant, processing, transhipment, storage, or disposal of any fish. 14. Observers shall maintain a regular communication channel with the Seychelles authorities, making use of the communication means available on board the Union vessel. 15. In addition, observers may carry out other duties such as: – perform biological sampling in the context of a scientific programmesprogramme, — note – monitor the impact of the fishing gear used, — verify activities on the catch data for Kiribati waters recorded in resource and on the logbook, — verify the percentages of by-catches and estimate the quantity of discards of species of marketable fin-fish, — report fishing data by any appropriate means once a week while the vessel is fishing in Kiribati waters, including the quantity of catches and by-catches on boardenvironment. 1016. Masters The masters of Union vessels shall do everything in their power reasonably practicable to ensure the physical safety and welfare of observers during performance of their dutieswhile on board. 1117. As far as possible, observers Observers shall be offered every facility needed to carry out their duties. The master of the Union vessel shall give them access to the means of communication needed for the discharge of their duties, to documents directly concerned with regarding the vessel’s 's fishing activities, including in particular the logbook and the navigation log, and to those parts of the vessel necessary to facilitate the exercise performance of their tasks as observer.observers. Observers' obligations 1218. While on board, observers shall: take all appropriate steps to ensure that the conditions of their boarding and presence on the Union vessel neither interrupt nor hamper fishing operations, — respect – take necessary care with regards to the material and equipment on board and board, – ensure the confidentiality of all data and documents belonging to regarding the vesselUnion vessel and its activities and any information collected. 1319. At the end of the observation period embarkation and before leaving the Union vessel, observers the observer shall draw up an activity report to be transmitted to the WCPFCcompetent Seychelles authorities, with a copy to the Union authorities within 15 days. The report shall be signed by the observer. A copy of the report shall be handed to the master of the Union vessel when the observer leaves that vessel. 14. Shipowners shall bear the cost of accommodating observers in the same conditions as the officers, within the con- fines of the practical possibilities offered by the vessel. 15. The salary and social contributions of the observer shall be borne by the WCPFC. 16. The two parties shall consult each other, and interested third parties, as soon as possible as regards the definition of a system of regional observers and the choice of the competent regional fisheries organisation. Pending the implemen- tation of a system of regional observers, vessels authorised to fish in Kiribati waters under the Agreement shall take on board, instead of regional observers, observers designated by the competent Kiribati authorities in accordance with the rules set out above.

Appears in 1 contract

Sources: Sustainable Fisheries Partnership Agreement

Observers. 1. At the moment time of the lodging a fishing authorisation application, each EU vessel registration, all Community vessels concerned shall contribute EUR 400 to a ‘Fisheries Observers Project Fund’ to be paid 1 500 into Government Revenue Account No 0260-002 with the Kiribati Government account No 4 in accordance with Article 2(7) Central Bank of Solomon Islands, Honiara, specifically for the Protocol, cleared of any deductionsnational observer’s programme. 2. Vessels authorised to fish in Kiribati Solomon Islands waters under the Agreement shall take on board observers appointed by the WCPFC Solomon Islands authorities on the terms set out below: — : 2.1. at the request of the WCPFC Community Solomon Islands authorities, EU vessels shall take on board an observer designated by the organisation in order to check catches made in Kiribati waters, — the WCPFC ▇▇▇▇▇▇▇ ▇▇▇▇▇▇, 2.2. Solomon Islands authorities shall draw up a list of vessels designated to take an observer on board and a list of the appointed observers. These lists shall be kept up to date. They shall be forwarded to the European Commission as soon as they have been drawn up and every three months thereafter where they have been updated, — the WCPFC , 2.3. Solomon Islands authorities shall inform the shipowners concerned, or their agents, of the name of the observer appointed to be taken on board their vessel at the time the licence fishing authorisation is issued, or no later than 15 days before the observer’s planned embarkation date. 3. The time spent on board by observers shall be one fishing tripfixed by the Solomon Islands authorities, but as a general rule it should not exceed the time required to carry out their duties. The Solomon Islands authorities shall inform the shipowners and their agents when notifying them of the observers appointed. However, at the express request of the WCPFCSolomon Islands authorities, this embarkation may be spread over several trips according to the average duration of trip for a particular vessel. This request shall be made by the competent WCPFC Solomon Islands authorities when the name of the observer appointed to board the vessel in question is notified. 4. The conditions under which observers are taken on board shall be agreed between shipowners or their agents and the competent WCPFCSolomon Islands authorities. 5. Observers shall be taken on board at in a port manner chosen by the shipowner at the beginning of the first voyage in Kiribati waters shipowners after notification of the list of designated vessels. 6. Within two weeks and giving 10 ten days’ notice, the shipowners concerned shall make known at which ports in the subregion and on what dates they intend to take observers on board. 7. Where observers are taken on board in a port outside the subregionforeign port, their travel costs shall be borne by the ship- ownershipowner. Should a vessel with a regional Solomon Islands observer on board leave regional watersthe Solomon Islands fishing zone, all measures must shall be taken to ensure the observer’s return as soon as possible at the expense of the shipowner. 8. If the observer is not present at the time and place agreed and during or within the twelve hours following the time agreed, shipowners shall be automatically absolved of their obligation to take the observer on board. 9. Observers shall be treated as officers. They Where vessels are operating in Solomon Islands waters, they shall carry out the following tasks: — : 9.1. observe the fishing activities of the vessels, — ; 9.2. verify the position of vessels engaged in fishing operations, — ; 9.3. perform biological sampling in the context of scientific programmes, — ; 9.4. note the fishing gear used, — ; 9.5. verify the catch data for Kiribati Solomon Islands waters recorded in the logbook, — ; 9.6. verify the percentages of by-catches and estimate the quantity of discards of species of marketable fin-fish, — ; 9.7. report fishing data by any appropriate means once a week while the vessel is fishing in Kiribati watersdata, including the quantity of catches and by-catches on board, to their competent authority. 10. Masters Fishing masters/skippers shall do everything in their power to ensure the physical safety and welfare of observers during performance of their duties. 11. As far as possible, observers Observers shall be offered every facility needed to carry out their duties. The master fishing master/skipper shall give them access to the means of communication needed for the discharge of their duties, to documents directly concerned with the vessel’s fishing activities, including in particular the logbook and the navigation log, and to those parts of the vessel necessary to facilitate the exercise of their tasks as observertasks. 12. While on board, observers shall: — : 12.1. take all appropriate steps to ensure that the conditions of their boarding and presence on the vessel neither interrupt nor hamper fishing operations, — ; 12.2. respect the material and equipment on board and the confidentiality of all documents belonging to the vessel. 13. At the end of the observation period and before leaving the vessel, observers shall draw up an activity report to be transmitted to the WCPFCcompetent authorities, with a copy to the master European Commission. They shall sign it in the presence of the vesselfishing master/skipper, who may add or cause to be added to it any observations considered relevant, followed by the master’s/skipper’s signature. A copy of the report shall be handed to the master/skipper when the observer is put ashore. 14. Shipowners shall bear the cost of accommodating observers in the same conditions as the officers, within the con- fines confines of the practical possibilities offered by the vessel. 15. The salary and social contributions of the observer observers shall be borne paid by the WCPFCSolomon Islands authorities. 16. The two parties Parties shall endeavour to consult each other, and interested third parties, as soon as possible other as regards the definition of a system of regional observers and the choice development of the regional or sub-regional observer programme, in consultations with Forum Fisheries Agency (FFA) and other competent regional fisheries organisationorganisations. 1. Pending the implemen- tation of a system of regional observersFor fisheries and marine safety purposes, vessels authorised to fish in Kiribati waters under the Agreement every vessel shall take on board, instead of regional observers, observers designated by the competent Kiribati authorities be marked and identified in accordance with the rules set out aboveFood and Agricultural Organisation (FAO) approved standard specification for the marking and identification of fishing vessels. 2. The name of the vessel will be printed clearly in Latin characters on the bow and the ▇▇▇▇▇ of the vessel. 3. Any vessel not displaying its name and radio call sign or signal letters in the prescribed manner may be escorted to a Solomon Islands port for further investigation. 4. A fishing master/skipper shall ensure the continuous monitoring of the international distress and calling frequency 2 182 kHz (HF), and/or the international safety and calling frequency 156.8 MHz (Channel 16, VHF-FM) to facilitate communication with the fisheries management, surveillance and enforcement authorities of the Government. 5. A fishing master/skipper shall ensure that a recent and up to date copy of the International code of Signals (INTERCO) is on board and accessible at all times. Communication between the permitted vessels and the patrol vessels of the Government shall be made by international signal codes as follows: International Signal Code – Meaning: L Stop immediately SQ3 Stop or slow down, I wish to board your vessel QN Lay your vessel along the star board side of our vessel QN1 Lay your vessel along the port side of our vessel TD2 Are you a fishing vessel? C Yes N No QR We cannot lay our vessel alongside your vessel QP We will lay our vessel alongside your vessel

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Sources: Fisheries Partnership Agreement