Common use of Observers Clause in Contracts

Observers. The 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. 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. Designated vessels and observers The Seychelles vessels authorised to fish in 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 terms set out below. The embarkation of additional observers shall also be considered subject to a case by case agreement. The Union authorities shall draw up a list of Seychelles vessels designated to embark an observer and a list of appointed observers, while taking into account the characteristics of the vessels and possible space limitations due to security requirements. The list shall be kept up to date and forwarded to the Seychelles authorities as soon as it has been drawn up, and each time it is updated. The Union authorities shall communicate to the ship-owner or its agent of the Seychelles vessel concerned, the name of the designated observer not later than 15 days before the observer's planned embarkation date. Embarkation conditions The time spent on board by observers shall be fixed by Union or Member State authorities and, as general rule, shall not exceed the time required to carry out their duties. In the context of a regional observer programme, the observer may remain on board for a mutually agreed extended period. The Union authorities shall inform the Seychelles ship-owners or their agents thereof when notifying the name of the designated observer. The conditions for observers' embarkation shall be agreed between the ship-owners and Union or Member State authorities after the notification of the designated observers. Within two weeks, and upon giving ten days' notice, the ship-owners of the Seychelles vessels concerned shall make known at which port, and on what dates they intend to take observers on board. Where observers are taken on board in a foreign port, their travel costs shall be borne by the ship-owner. Should a Seychelles vessel with an observer designated by the Union authorities on board leave Union waters, all measures shall be taken to ensure the observer safely returns to the Union as soon as possible at the expense of the ship-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 six hours following the time agreed, the Seychelles ship-owner shall be relieved of the obligation to take the observer on board. 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. The salary and applicable taxes of the observers shall be borne by the competent French authorities. Observer's duties The observer shall observe and record the fishing activities of the vessels for scientific purposes, 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 operations 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 programme; – monitor the impact of the fishing activities on the resource and on the environment; – collect information when encountering marine mammals (photographs, position of the vessel, census of the number of individuals, behaviour, etc.). The masters of Seychelles vessels shall ensure the physical safety and welfare of observers while on board. The observers shall be offered every facility needed to carry out their duties. The masters shall give them access to the means of communication needed for the discharge of their duties, to documents regarding the vessel's fishing activities, in particular the logbook and the navigation log, and to those parts of the vessel necessary to facilitate the performance of their tasks as observers. Observer's obligations While on board, 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; – take necessary care with regards to the material and equipment on board; – ensure the confidentiality of all data and documents regarding the Seychelles vessel and its activities and any information collected. At the end of the embarkation and before leaving the Seychelles vessel, the observer shall draw up an activity report to be transmitted to the Union authorities with a copy to the 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.

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. The Parties recognise 1. At the importance time of respecting lodging a fishing authorisation application, each Community vessel concerned shall contribute EUR 1 500 into Government Revenue Account No. 0260- 002 with the obligations Central Bank of relevant IOTC resolutions with regards to the Scientific Observer Programme and relevant Union and Seychelles laws and regulationsSolomon Islands, including electronic observation schemes. HoweverHoniara, the modalities specifically for the implementation of electronic observation schemes shall take into account the practical implications for the fleets and the time needed for the transitionnational observer’s programme. 2. Designated vessels and observers The Seychelles vessels Vessels authorised to fish in Mayotte fishing zone shall, at Solomon Islands waters under the request of Agreement shall take on board observers appointed by the Union authorities, embark one observer, in the context of a national or regional observer programme under Solomon Islands authorities on the terms set out below. The embarkation : 2.1 at the request of additional observers Solomon Islands authorities, Community vessels shall also be considered subject take on board an observer designated by the organisation in order to a case by case agreement. The Union check catches made in ▇▇▇▇▇▇▇ ▇▇▇▇▇▇, 2.2 ▇▇▇▇▇▇▇ Islands authorities shall draw up a list of Seychelles vessels designated to embark take 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. The list These lists shall be kept up to date and date. They shall be forwarded to the Seychelles authorities European Commission as soon as it has they have been drawn up, up and each time it is every three months thereafter where they have been updated. The Union , 2.3 Solomon Islands authorities shall communicate to inform the ship-owner or its agent of the Seychelles vessel shipowners concerned, or their agents, of the name of the designated observer not appointed to be taken on board their vessel at the time the fishing authorisation is issued, or no later than 15 days before the observer's ’s planned embarkation date. 3. Embarkation conditions The time spent on board by observers shall be fixed by Union or Member State authorities andthe Solomon Islands authorities, but as a general rule, shall rule it should not exceed the time required to carry out their duties. In the context of a regional observer programme, the observer may remain on board for a mutually agreed extended period. The Union Solomon Islands authorities shall inform the Seychelles ship-owners or shipowners and their agents thereof when notifying them of the observers appointed. However, at the express request of the Solomon 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 Solomon Islands authorities when the name of the designated observerobserver appointed to board the vessel in question is notified. 4. The conditions for observers' embarkation under which observers are taken on board shall be agreed between shipowners or their agents and the ship-owners and Union or Member State authorities Solomon Islands authorities. 5. Observers shall be taken on board in a manner chosen by the shipowners after the notification of the list of designated observersvessels. 6. Within two weeks, weeks and upon giving ten days' notice, the ship-owners of the Seychelles vessels shipowners concerned shall make known at which port, ports and on what dates they intend to take observers on board. 7. Where observers are taken on board in a foreign port, their travel costs shall be borne by the ship-ownershipowner. Should a Seychelles vessel with an Solomon Islands observer designated by the Union authorities on board leave Union watersthe Solomon Islands fishing zone, all measures shall be taken to ensure the observer safely returns to the Union observer's return as soon as possible at the expense of the ship-owner, unless the observer is continuing with the Seychelles vessel in the context of his observer duties through another Agreement or observer programmeshipowner. 8. If the observer is not present at the time and place agreed and during or within the six twelve hours following the time agreed, the Seychelles ship-owner shipowners shall be relieved automatically absolved of the their obligation to take the observer on board. 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. 9. Observers shall be treated as officers. The salary and applicable taxes of Where vessels are operating in Solomon Islands waters, they shall carry out the observers shall be borne by the competent French authorities. Observer's duties The observer shall following tasks: 9.1 observe and record the fishing activities of the vessels for scientific purposes, 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; – vessels; 9.2 verify the position of Seychelles vessels engaged in fishing operations 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: – operations; 9.3 perform biological sampling in the context of a scientific programme; – monitor the impact of programmes; 9.4 note the fishing activities gear used; 9.5 verify the catch data for 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 fish; 9.7 report by any appropriate means fishing data, including the quantity of catches and by-catches on the resource and on the environment; – collect information when encountering marine mammals (photographsboard, position of the vessel, census of the number of individuals, behaviour, etcto their competent authority.) 10. The masters of Seychelles vessels Fishing masters/skippers shall do everything in their power to ensure the physical safety and welfare of observers while on boardduring performance of their duties. 11. The observers Observers shall be offered every facility needed to carry out their duties. The masters fishing master/skipper shall give them access to the means of communication needed for the discharge of their duties, to documents regarding 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 performance exercise of their tasks as observerstasks. 12. Observer's obligations While on board, the observer observers shall: – : 12.1 take all appropriate steps to ensure that the conditions of their boarding and presence on the Seychelles vessel neither interrupt nor hamper fishing operations; – take necessary care with regards to ; 12.2 respect the material and equipment on board; – ensure board and the confidentiality of all data and documents regarding belonging to the Seychelles vessel and its activities and any information collectedvessel. 13. At the end of the embarkation observation period and before leaving the Seychelles vessel, the observer observers shall draw up an activity report to be transmitted to the Union authorities competent authorities, with a copy to the competent Seychelles authoritiesEuropean Commission. They shall sign it in the presence of the fishing master/skipper, within 15 days. The report shall who may add or cause to be signed added to it any observations considered relevant, followed by the observermaster’s/skipper's signature. A copy of the report shall be handed to the master master/skipper when the observer leaves is put ashore. 14. Shipowners shall bear the Seychelles cost of accommodating observers in the same conditions as the officers, within the confines of the practical possibilities offered by the vessel. 15. The salary and social contributions of observers shall be paid by the Solomon Islands authorities. 16. The two Parties shall endeavour to consult each other as regards the development of the regional or sub-regional observer programme, in consultations with Forum Fisheries Agency (FFA) and other competent regional fisheries organisations. 1. For fisheries and marine safety purposes, every vessel shall be marked and identified in accordance with the Food 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. The Parties recognise 1. At the importance time of respecting lodging a license application, each Community vessel concerned shall contribute EUR 400 into Government Revenue Account No 0260-002 with the obligations National Bank of relevant IOTC resolutions with regards to the Scientific Observer Programme and relevant Union and Seychelles laws and regulationsSolomon Islands, including electronic observation schemes. HoweverHoniara, the modalities specifically for the implementation of electronic observation schemes observer’s programme. 2. Vessels authorised to fish in Solomon Islands waters under the Agreement shall take into account on board observers appointed by Solomon Islands on the practical implications terms set out below: 2.1. The Permanent Secretary shall determine each year the scope of the programme for observation on board on the fleets and basis of the time needed for the transition. Designated vessels and observers The Seychelles number of vessels authorised to fish in Mayotte fishing zone shall, at the request waters under its jurisdiction and the state of the Union authorities, embark one observer, in resources targeted by those vessels. It shall determine accordingly the context number or percentage of a national or regional vessels by category of fishery which shall be required to take an observer programme under the terms set out belowon board. 2.2. The embarkation of additional observers shall also be considered subject to a case by case agreement. The Union authorities Permanent Secretary shall draw up a list of Seychelles vessels designated to embark take an observer on board and a list of appointed observers, while taking into account the characteristics of the vessels and possible space limitations due to security requirements. The list These lists shall be kept up to date and date. They shall be forwarded to the Seychelles authorities European Commission as soon as it has they have been drawn up, up and each time it is every three months thereafter where they have been updated. 2.3. The Union authorities Permanent Secretary shall communicate to inform the ship-owner or its agent of the Seychelles vessel shipowners concerned, or their agents, of his intentions to take on board an appointed observer on their vessels at the name of time the designated observer not 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. Embarkation conditions The time spent on board by observers shall be fixed by Union or Member State authorities andthe Permanent Secretary but, as a general rule, shall it should not exceed the time required to carry out their duties. In the context of a regional observer programme, the observer may remain on board for a mutually agreed extended period. The Union authorities Permanent Secretary shall inform the Seychelles ship-owners shipowners or their agents thereof when notifying them of the name of the designated observerobserver appointed to be taken on board the vessel concerned. 4. The conditions for observers' embarkation under which observers are taken on board shall be agreed between shipowners or their agents and the ship-owners and Union or Member State authorities after the notification of the designated observersPermanent Secretary. 5. Within two weeks, weeks and upon giving ten 10 days' notice, the ship-owners of the Seychelles vessels shipowners concerned shall make known at which port, Solomon Islands ports and on what dates they intend to take observers on board. 6. Where observers are taken on board in a foreign port, their travel costs shall be borne by the ship-ownershipowner. Should a Seychelles vessel with an observer designated by the Union authorities from Solomon Islands on board leave Union watersthe Solomon Islands fishing zone, all measures shall must be taken to ensure the observer safely returns observer’s return to the Union Solomon Islands as soon as possible at the expense of the ship-owner, unless the observer is continuing with the Seychelles vessel in the context of his observer duties through another Agreement or observer programmeshipowner. 7. If the observer is not present at the time and place agreed and during the six hours following the time agreed, the Seychelles ship-owner ship- owners shall be relieved automatically absolved of the their obligation to take the observer on board. 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. 8. Observers shall be treated as officers. The salary and applicable taxes of They shall carry out the observers shall be borne by the competent French authoritiesfollowing tasks: 8.1. Observer's duties The observer shall observe and record the fishing activities of the vessels for scientific purposes, 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; – vessels; 8.2. verify the position of Seychelles vessels engaged in fishing operations 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 fishoperations; 8.3. 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 programme; – monitor the impact of programmes; 8.4. note the fishing activities gear used; 8.5. verify the catch data for 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 once a week by radio, including the quantity of catches and by-catches on the resource and on the environment; – collect information when encountering marine mammals (photographs, position of the vessel, census of the number of individuals, behaviour, etcboard.) 9. The masters of Seychelles vessels Masters shall do everything in their power to ensure the physical safety and welfare of observers while on boardduring performance of their duties. 10. The observers Similarly, as far as possible, they shall be offered every facility needed to carry out their duties. The masters master shall give them access to the means of communication needed for the discharge of their duties, to documents regarding directly con- cerned 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 performance exercise of their tasks as observersobserver. 11. Observer's obligations While on board, the observer observers shall: – : 11.1. take all appropriate steps to ensure that the conditions of their boarding and presence on the Seychelles vessel neither interrupt nor hamper fishing operations; – take necessary care with regards to , 11.2. respect the material and equipment on board; – ensure board and the confidentiality of all data and documents regarding belonging to the Seychelles vessel and its activities and any information collectedsaid vessel. 12. At the end of the embarkation observation period and before leaving the Seychelles vessel, the observer observers shall draw up an activity report to be transmitted to the Union authorities Permanent Secretary, with a copy to the competent Seychelles authoritiesDelegation of the European Commission. They shall sign it in the presence of the master, within 15 days. The report shall who may add or cause to be signed added to it any observations considered relevant, fol- lowed by the observermaster’s signature. A copy of the report shall be handed to the master when the observer leaves is put ashore. 13. Shipowners shall bear the Seychelles cost of accommodating observers in the same conditions as the officers on the vessel. 14. The salary and social contributions of the observer shall be borne by the Solomon Islands Government.

Appears in 2 contracts

Sources: Partnership Agreement, Partnership Agreement

Observers. The Parties recognise 1. At the importance time of respecting lodging a licence application, each Community vessel concerned shall contribute an observer placement fee as specified in Section 1(6)(h) of Chapter I of this Annex into the obligations account named in Article 2(7) of relevant IOTC resolutions with regards to the Scientific Observer Programme and relevant Union and Seychelles laws and regulationsProtocol, including electronic observation schemes. However, the modalities specifically for the implementation of electronic observation schemes shall take into account the practical implications for the fleets and the time needed for the transitionobserver's programme. 2. Designated vessels and observers The Seychelles Community vessels authorised to fish in Mayotte fishing zone shall, at the request of FSM EEZ under the Union authorities, embark one observer, in the context of a national or regional observer programme under Agreement shall take on board observers appointed by ▇▇▇▇▇ on the terms set out below: (a) the Executive Director shall determine each year the scope of the 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. The embarkation It shall determine accordingly the number or percentage of additional observers vessels by category of fishery which shall also be considered subject required to a case by case agreement. The Union authorities take an observer on board; (b) the Executive Director shall draw up a list of Seychelles vessels designated to embark take an observer on board and a list of appointed observers, while taking into account the characteristics of the vessels and possible space limitations due to security requirements. The list These lists shall be kept up to date and date. They shall be forwarded to the Seychelles authorities Commission as soon as it has they have been drawn up, up and each time it is every three months thereafter where they have been updated. The Union authorities ; (c) the Executive Director shall communicate to inform the ship-owner or its agent of the Seychelles vessel shipowners concerned, or their agents, of his intentions to take on board an appointed observer on their vessels at the name of time the designated observer not 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. Embarkation conditions The time spent on board by observers shall be fixed by Union or Member State authorities andthe Executive Director but, as a general rule, shall it should not exceed the time required to carry out their duties. In the context of a regional observer programme, the observer may remain on board for a mutually agreed extended period. The Union authorities Executive Director shall inform the Seychelles ship-owners shipowners or their agents thereof when notifying them of the name of the designated observer. The conditions for observers' embarkation shall observer appointed to be agreed between taken on board the ship-owners and Union or Member State authorities after the notification of the designated observersvessel concerned. 4. Within two weeks, weeks and upon giving ten 10 days' notice, the ship-owners of the Seychelles vessels shipowners concerned shall make known at which port, FSM ports and on what dates they intend to take observers on board. 5. Where observers are taken on board in a foreign port, their travel costs shall be borne by the ship-ownershipowner. Should a Seychelles vessel with an observer designated by the Union authorities from FSM on board leave Union watersthe FSM EEZ, all measures shall must be taken to ensure the observer safely returns observer's return to the Union FSM as soon as possible at the expense of the ship-ship owner, unless the observer is continuing with the Seychelles vessel in the context of his observer duties through another Agreement or observer programme. 6. If the observer is not present at the time and place agreed and during the six hours following the time agreed, the Seychelles ship-owner shipowners shall be relieved automatically absolved of the their obligation to take the observer on board. 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. 7. Observers shall be treated as officers. The salary and applicable taxes of They shall carry out the observers shall be borne by the competent French authorities. Observer's duties The observer shall following tasks: (a) observe and record the fishing activities of the vessels for scientific purposes, 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; – vessels; (b) verify the position of Seychelles vessels engaged in fishing operations 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: – operations; (c) perform biological sampling in the context of scientific programmes; (d) note the fishing gear used; (e) verify the catch data for FSM EEZ recorded in the 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 once a scientific programme; – monitor week by radio, including the impact quantity of catches and by‑catches on board. 8. Captains and masters shall permit authorised observers of the fishing activities on FSM to board the resource authorised vessels operating within the FSM EEZ and on the environment; – collect information when encountering marine mammals (photographs, position of the vessel, census of the number of individuals, behaviour, etc.). The masters of Seychelles vessels shall do everything in their power to ensure the physical safety and welfare of observers while during performance of their duties: (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 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 dutiesgather any other information relating to fisheries in the EEZ. 9. The masters shall give them access to the means of communication needed for the discharge of their duties, to documents regarding the vessel's fishing activities, in particular the logbook and the navigation log, and to those parts of the vessel necessary to facilitate the performance of their tasks as observers. Observer's obligations While on board, the observer observers shall: – : (a) take all appropriate steps to ensure that the conditions of their boarding and presence on the Seychelles vessel neither interrupt nor hamper fishing operations; – take necessary care with regards to does not interfere in the normal operation of the vessel; (b) respect the material and equipment on board; – ensure board and the confidentiality of all data and documents regarding belonging to the Seychelles vessel and its activities and any information collectedsaid vessel. 10. At the end of the embarkation observation period and before leaving the Seychelles vessel, the observer shall draw up an activity report to be transmitted to signed in the Union authorities with a copy to presence of the competent Seychelles authoritiesmaster who may provide additional comments considered relevant, within 15 days. The report shall be signed followed by the observermaster's signature. A copy Copies of the report shall be handed provided to the master when the observer leaves is put ashore and to the Seychelles Delegation. 11. Shipowners shall bear the cost of accommodating observers in the same conditions as the officers on the vessel. 12. The salary and social contributions of the observer shall be borne by the FSM Government.

Appears in 2 contracts

Sources: Partnership Agreement, Partnership Agreement

Observers. The Parties recognise 1. At the importance moment of respecting the obligations 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 relevant IOTC resolutions with regards to the Scientific Observer Programme and relevant Union and Seychelles laws and regulationsProtocol, including electronic observation schemescleared of any deductions. 2. 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. Designated vessels and observers The Seychelles vessels Vessels authorised to fish in Mayotte fishing zone shall, 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 Union authoritiesWCPFC Community vessels shall take on board an observer designated by the organisation in order to check catches made in Kiribati waters, embark one observer, in the context of a national or regional observer programme under the terms set out below. The embarkation of additional observers shall also be considered subject to a case by case agreement. The Union authorities WCPFC shall draw up a list of Seychelles vessels designated to embark take 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. The list These lists shall be kept up to date and date. They shall be forwarded to the Seychelles authorities European Commission as soon as it has they have been drawn upup and every three months thereafter where they have been updated, and each time it is updated. The Union authorities — the WCPFC shall communicate to inform the ship-owner or its agent of the Seychelles vessel shipowners concerned, or their agents, of the name of the designated observer not 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 ’s planned embarkation date. 3. Embarkation conditions The time spent on board by observers shall be fixed by Union or Member State authorities andone fishing trip. However, as general ruleat the express request of the WCPFC, shall not exceed this embarkation may be spread over several trips according to the time required to carry out their duties. In the context average duration of a regional observer programme, the observer may remain on board trip for a mutually agreed extended periodparticular vessel. The Union authorities This request shall inform be made by the Seychelles ship-owners or their agents thereof competent WCPFC when notifying the name of the designated observerobserver appointed to board the vessel in question is notified. 4. The conditions for observers' embarkation under which observers are taken on board shall be agreed between shipowners or their agents and the ship-owners and Union or Member State authorities 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 the notification of the list of designated observersvessels. 6. Within two weeks, weeks and upon giving ten 10 days' notice, the ship-owners of the Seychelles vessels shipowners concerned shall make known at which port, ports in the subregion and on what dates they intend to take observers on board. 7. Where observers are taken on board in a foreign portport outside the subregion, their travel costs shall be borne by the ship-ship- owner. Should a Seychelles vessel with an a regional observer designated by the Union authorities on board leave Union regional waters, all measures shall must be taken to ensure the observer safely returns to the Union observer’s return as soon as possible at the expense of the ship-owner, unless the observer is continuing with the Seychelles vessel in the context of his observer duties through another Agreement or observer programmeshipowner. 8. If the observer is not present at the time and place agreed and during the six twelve hours following the time agreed, the Seychelles ship-owner shipowners shall be relieved automatically absolved of the their obligation to take the observer on board. 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. 9. Observers shall be treated as officers. The salary and applicable taxes of They shall carry out the observers shall be borne by the competent French authorities. Observer's duties The observer shall following tasks: — observe and record the fishing activities of the vessels for scientific purposesvessels, 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; – — verify the position of Seychelles vessels engaged in fishing operations and the fishing gear used; – the catch data for Mayotte fishing zone recorded in the logbookoperations, 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 programme; – monitor the impact of programmes, — note the fishing activities 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 the resource and on the environment; – collect information when encountering marine mammals (photographs, position of the vessel, census of the number of individuals, behaviour, etcboard.) 10. The masters of Seychelles vessels Masters shall do everything in their power to ensure the physical safety and welfare of observers while on boardduring performance of their duties. 11. The As far as possible, observers shall be offered every facility needed to carry out their duties. The masters master shall give them access to the means of communication needed for the discharge of their duties, to documents regarding 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 performance exercise of their tasks as observersobserver. 12. Observer's obligations While on board, the observer observers 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; – take necessary care with regards to , — respect the material and equipment on board; – ensure board and the confidentiality of all data and documents regarding belonging to the Seychelles vessel and its activities and any information collectedvessel. 13. At the end of the embarkation observation period and before leaving the Seychelles vessel, the observer observers shall draw up an activity report to be transmitted to the Union authorities WCPFC, with a copy to the competent Seychelles authoritiesmaster of the vessel. 14. Shipowners shall bear the cost of accommodating observers in the same conditions as the officers, within 15 daysthe con- fines of the practical possibilities offered by the vessel. 15. The report salary and social contributions of the observer shall be signed borne by the observerWCPFC. 16. A copy 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 report 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 be handed to take on board, instead of regional observers, observers designated by the master when competent Kiribati authorities in accordance with the observer leaves the Seychelles vesselrules set out above.

Appears in 2 contracts

Sources: Fisheries Partnership Agreement, Fisheries Partnership Agreement

Observers. The 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 schemes1. 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. Designated vessels and observers The Seychelles vessels Vessels authorised to fish in Mayotte fishing zone shall, at Malagasy waters under the request of Agreement shall take on board observers appointed by the Union authorities, embark one observer, in the context of a national or competent regional observer programme under fisheries organisation on the terms set out below. 1.1. At the request of the competent authority, Community vessels shall take on board an observer designated by the authority in order to check catches made in Malagasy waters. 1.2. The embarkation of additional observers shall also be considered subject to a case by case agreement. The Union authorities competent authority shall draw up a list of Seychelles vessels designated to embark take 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. The list These lists shall be kept up to date and date. They shall be forwarded to the Seychelles authorities European Commission as soon as it has they have been drawn up, up and each time it is every three months thereafter where they have been updated. 1.3. The Union authorities competent authority shall communicate to inform the ship-owner or its agent of the Seychelles vessel shipowners concerned, or their representatives, of the name of the designated observer not 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 observ- er’s planned embarkation date. (1) Of which at least 70 seamen of the total European fleet belonging to IOTC Member States. 2. Embarkation conditions The time spent on board by observers shall be fixed by Union or Member State authorities andone fishing trip. However, as general ruleat the express request of the competent Malagasy authorities, shall not exceed this embarkation may be spread over several trips according to the time required to carry out their duties. In the context average duration of a regional observer programme, the observer may remain on board trip for a mutually agreed extended periodparticular vessel. The Union authorities This request shall inform be made by the Seychelles ship-owners or their agents thereof competent authority when notifying the name of the designated observerobserver appointed to board the vessel in question is notified. 3. The conditions for observers' embarkation under which observers are taken on board shall be agreed between shipowners or their representa- tives and the ship-owners and Union or Member State authorities competent authority. 4. Observers shall be taken on board at a port chosen by the shipowner at the beginning of the first voyage in Malagasy waters after the notification of the list of designated observersvessels. 5. Within two weeks, weeks and upon giving ten days' notice, the ship-owners of the Seychelles vessels shipowners concerned shall make known at which port, ports in the subregion and on what dates they intend to take observers on board. 6. Where observers are taken on board in a foreign portcountry outside the subregion, their travel costs shall be borne by the ship-ship- owner. Should a Seychelles vessel with an a regional observer designated by the Union authorities on board leave Union watersthe regional fishing zone, all measures shall must be taken to ensure the observer safely returns to the Union observer’s return as soon as possible at the expense of the ship-owner, unless the observer is continuing with the Seychelles vessel in the context of his observer duties through another Agreement or observer programmeshipowner. 7. If the observer is not present at the time and place agreed and during the six twelve hours following the time agreed, the Seychelles ship-owner shipowners shall be relieved automatically absolved of the their obligation to take the observer on board. 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. 8. Observers shall be treated as officers. The salary and applicable taxes of Where vessels are operating in Malagasy waters, they shall carry out the observers shall be borne by the competent French authoritiesfol- lowing tasks: 8.1. Observer's duties The observer shall observe and record the fishing activities of the vessels for scientific purposes, 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; – vessels; 8.2. verify the position of Seychelles vessels engaged in fishing operations 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 fishoperations; 8.3. 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 programme; – monitor the impact of programmes; 8.4. note the fishing activities gear used; 8.5. verify the catch data for Malagasy waters recorded in the logbook; 8.6. verify the percentages of by-catches and estimate the quantity of discards of species of marketable fish; 8.7. report by any appropriate means fishing data, including the quantity of catches and by-catches on the resource and on the environment; – collect information when encountering marine mammals (photographsboard, position of the vessel, census of the number of individuals, behaviour, etcto their com- petent authority.) 9. The masters of Seychelles vessels Skippers shall do everything in their power to ensure the physical safety and welfare of observers while on boardduring perfor- ▇▇▇▇▇ of their duties. 10. The observers Observers shall be offered every facility needed to carry out their duties. The masters skipper shall give them access to the means of communication needed for the discharge of their duties, to documents regarding 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 neces- sary to facilitate the performance exercise of their tasks as observersobserver. 11. Observer's obligations While on board, the observer observers shall: – : 11.1. take all appropriate steps to ensure that the conditions of their boarding and presence on the Seychelles vessel neither interrupt nor hamper fishing operations; – take necessary care with regards to ; 11.2. respect the material and equipment on board; – ensure board and the confidentiality of all data and documents regarding belonging to the Seychelles vessel and its activities and any information collectedvessel. 12. At the end of the embarkation observation period and before leaving the Seychelles vessel, the observer observers shall draw up an activity report to be transmitted to the Union authorities competent authorities, with a copy to the competent Seychelles authoritiesEuropean Commission. They shall sign it in the pres- ence of the skipper, within 15 days. The report shall who may add or cause to be signed added to it any observations considered relevant, followed by the observerskipper’s signature. A copy of the report shall be handed to the master skipper when the observer leaves is put ashore. 13. Shipowners shall bear the Seychelles cost of accommodating observers in the same conditions as the officers, within the con- fines of the practical possibilities offered by the vessel. 14. The salary and social contributions of the observer shall be borne by the competent authorities. 15. 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 imple- mentation of a system of regional observers, vessels authorised to fish in Madagascar’s fishing zone under the Agree- ment shall take on board, instead of regional observers, observers designated by the competent Malagasy authorities in accordance with the rules set out above.

Appears in 2 contracts

Sources: Fisheries Partnership Agreement, Fisheries Partnership Agreement

Observers. The 1. Both Parties recognise recognize the importance of respecting the obligations of relevant IOTC resolutions Resolution with regards regard to the Scientific Observer Programme and relevant Union and Seychelles laws and regulations, including electronic observation schemesProgramme. 2. 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. Designated vessels and observers The Seychelles vessels A vessel authorised to fish in Mayotte fishing zone shallSeychelles waters under this Agreement shall take on board observers appointed by the Seychelles Authority However, at the request technical aspects of the Union authorities, embark 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 one observer, in the context of a national or regional observer programme under o r n a t i o n a l observation programme; (b) the terms set out below. The embarkation of additional observers shall also be considered subject to a case by case agreement. The Union authorities Seychelles Authority shall draw up a list of Seychelles Mauritius vessels designated to embark take an observer on board and a list of appointed observers, while taking into account the characteristics of the vessels and possible space limitations due to security requirements. The list Those lists shall be kept up to date and date. They shall be forwarded to the Seychelles authorities Mauritius as soon as it has they have been drawn up, and each time it is every three months thereafter, where they have been updated. The Union authorities ; and (c) t he Seychelles Authority shall communicate to inform the ship-owner or its agent of the Seychelles a Mauritius vessel concerned, or its agent, of the name of the designated observer appointed to be taken on board the vessel not later than 15 days before the observer's planned embarkation date. 3. Embarkation conditions The time spent on board a M a u r i t i u s v e s s e l by observers shall be fixed by Union or Member State authorities and, as general rule, observer shall not exceed the time required to carry out their duties. In , unless the observers are appointed in the context of a regional observer programme, the observer Observer Programmes where he/she may remain on board for a mutually agreed extended periodto undertake his/her duties in the context of the Programme. The Union authorities Seychelle s Authority shall inform the Seychelles ship-owners owner of a Mauritius vessel or their agents its agent thereof when notifying it of the name of the designated observerobserver appointed to be taken on board the Mauritius vessel concerned. 4. The conditions for observers' embarkation under which an observer is taken on board shall be agreed between ship owners or t he i r agent and the ship-owners and Union or Member State authorities Seychelles Authority after the notification of the list of designated observersMauritius vessels. 5. Within two weeks, weeks and upon giving not less than ten (10) days' written notice, the ship-owners ship owner of the Seychelles vessels concerned a Mauritius vessel co n c e r n e d shall make known at which port, port and on what dates they intend date it intends to take observers an observer on board. 6. Where observers are taken on board in a foreign port, their travel costs shall be borne by the ship-ownerowner of the vessel. Should a Seychelles Mauritius vessel with an observer designated by the Union authorities from Seychelles on board leave Union Seychelles waters, all measures shall must be taken to ensure the observer safely returns to the Union Seychelles as soon as possible at the expense of the ship-ownerowner of the vessel, unless the observer is continuing with the Seychelles Mauritius vessel in the context of his observer duties through another Agreement agreement or observer programme. 7. If the observer is not present at the time and place agreed and during the six twelve (12) hours following the time agreed, the Seychelles ship-owner of the Mauritius vessel shall be relieved automatically absolved of the obligation to take the observer on board. 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. 8. Observers shall be treated as officers. The salary and applicable taxes of They shall carry out the observers shall be borne by the competent French authorities. Observer's duties The observer shall following tasks: (a) observe and record the fishing activities of the vessels for scientific purposes, 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; – Mauritius vessels; (b) verify the position of Seychelles Mauritius vessels engaged in fishing operations and operations; (c) note the fishing gear used; – the catch data for Mayotte fishing zone recorded in the logbook, ; (d) note deployment of Fish Aggregating Devices including the percentage type of by-catches FADs 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 programme; – monitor the impact of the fishing activities on the resource and on the environment; – collect information when encountering marine mammals (photographs, position of the vessel, census of the number of individuals, behaviour, etc.). The masters of Seychelles vessels shall ensure the physical safety and welfare of observers while on board. The observers shall be offered every facility needed to carry out their duties. The masters shall give them access to the means of communication needed for the discharge of their duties, to documents regarding the vessel's fishing activities, in particular the logbook and the navigation log, and to those parts of the vessel necessary to facilitate the performance of their tasks as observers. Observer's obligations While on board, 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; – take necessary care with regards to the material and equipment on board; – ensure the confidentiality of all data and documents regarding the Seychelles vessel and its activities and any information collected. At the end of the embarkation and before leaving the Seychelles vessel, the observer shall draw up an activity report to be transmitted to the Union authorities with a copy to the 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.beacon used;

Appears in 1 contract

Sources: Fishing Agreement

Observers. Observation of fishing activities 1. The Parties recognise the importance of respecting the obligations of relevant IOTC resolutions with regards to the Scientific Observer Programme and relevant Union and Seychelles Seychelles' laws and regulations, 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 transitiontransition to such schemes. Designated vessels and observers observers 2. The Seychelles Union purse seine vessels authorised to fish in Mayotte the Seychelles fishing zone under the Agreement shall, at the request of the Union Seychelles authorities, embark one observer, in the context of a national or regional observer observation programme under the terms set out belowin this Chapter. The embarkation of additional observers shall also be considered subject to a case by case agreement. 3. The Union Seychelles authorities shall draw up a list of Seychelles Union purse seine vessels designated to embark an observer and a list of appointed observers, while taking into account the characteristics of the vessels and possible space limitations due to security requirements. The list shall be kept up to date and forwarded to the Seychelles Union authorities as soon as it has been drawn up, and each time it is updated. 4. The Union Seychelles authorities shall communicate to the ship-owner or its agent of the Seychelles vessel concerned, the name of the designated observer to the agent of the Union vessel concerned not later than 15 days before the observer's planned embarkation date. Embarkation conditions conditions 5. The time spent on board by observers shall be fixed by Union or Member State the Seychelles authorities and, as a general rule, shall not exceed the time required to carry out their duties. In the context of a regional observer observers programme, the observer may remain on board for a mutually agreed extended period. The Union Seychelles authorities shall inform the Seychelles ship-owners or their agents agent of the Union vessel thereof when notifying the name of the designated observer. 6. The conditions for observers' embarkation of observers shall be agreed between the ship-owners and Union or Member State the Seychelles authorities after the notification of the designated observers. 7. Within Where observers are to be embarked in Seychelles, within two weeks, weeks and upon giving ten 10 days' notice, the ship-owners of the Seychelles vessels concerned shall make known at which portport or location, and on what dates they intend to take observers on boardbe embarked. 8. Where observers are taken on board to be embarked in a foreign port, their travel costs shall be borne by the ship-owner. Should If a Seychelles vessel with an observer designated by the Union authorities from Seychelles on board leave Union leaves Seychelles waters, all measures shall be taken to ensure the safe return of the observer safely returns to the Union Seychelles as soon as possible at the expense of the ship-owner, unless the observer is continuing with the Seychelles vessel in the context of his observer duties through another Agreement or observer programme. 9. If the an observer is not present at the time and place agreed and or during the six hours following the time agreed, the Seychelles ship-owner owners shall be relieved of the their obligation to take embark the observer on boardobserver. 10. Seychelles shipShip-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. The salary and applicable taxes of the observers shall be borne by the competent French Seychelles authorities. Observer's duties The observer Observers' duties 13. Observers shall observe and record the fishing activities of the vessels for scientific purposes, 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 Union vessels engaged in fishing operations and the fishing gear used; , – the catch data for Mayotte 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. The observer Observers shall maintain a regular communication channel with the Union or Member State Seychelles authorities, making use of the communication means available on board the Seychelles Union vessel. 15. In addition, the observer observers may carry out other duties such as: – perform biological sampling in the context of a scientific programme; , – monitor the impact of the fishing activities on the resource and on the environment; – collect information when encountering marine mammals (photographs, position of the vessel, census of the number of individuals, behaviour, etc.) 16. The masters of Seychelles Union vessels shall do everything reasonably practicable to ensure the physical safety and welfare of observers while on board. 17. The observers Observers shall be offered every facility needed to carry out their duties. The masters master of the Union vessel shall give them access to the means of communication needed for the discharge of their duties, to documents regarding the vessel's fishing activities, in particular the logbook and the navigation log, and to those parts of the vessel necessary to facilitate the performance of their tasks as observers. Observer's obligations Observers' obligations 18. While on board, the observer observers shall: – take all appropriate steps to ensure that the conditions of their boarding and presence on the Seychelles Union vessel neither interrupt nor hamper fishing operations; , – take necessary care with regards to the material and equipment on board; , – ensure the confidentiality of all data and documents regarding the Seychelles Union vessel and its activities and any information collected. 19. At the end of the embarkation and before leaving the Seychelles Union vessel, the observer shall draw up an activity report to be transmitted to the Union authorities competent Seychelles authorities, with a copy to the competent Seychelles authorities, 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 the Seychelles that vessel.

Appears in 1 contract

Sources: Sustainable Fisheries Partnership Agreement

Observers. The 1. Both Parties recognise the importance of respecting the obligations of relevant IOTC resolutions Resolution with regards regard to the Scientific Observer Programme and relevant Union and Seychelles laws and regulations, including electronic observation schemesProgramme. 2. 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. Designated vessels and observers The Seychelles vessels A vessel authorised to fish in Mayotte fishing zone shallMauritius waters under this Agreement shall take on board observers appointed by the Mauritius Authority. However, at the request technical aspects of the Union authoritiesvessel will be taken into account before receiving the observer on board, embark The provisions relating to the embarkation of observers are as follows: (a) Seychelles vessels shall take on board one observer, in the context of a national or regional observer programme under the terms set out below. o r n a t i o n a l o b s e r v a t i o n programme. (b) The embarkation of additional observers shall also be considered subject to a case by case agreement. The Union authorities Mauritius Authority shall draw up a list of Seychelles vessels designated to embark take an observer on board and a list of appointed observers, while taking into account the characteristics of the vessels and possible space limitations due to security requirements. The list Those lists shall be kept up to date and date. They shall be forwarded to the Seychelles authorities Authorities as soon as it has they have been drawn up, and each time it is every three months thereafter, where they have been updated. . (c) The Union authorities Mauritius Authority shall communicate to inform the ship-owner or its agent owners of the Seychelles vessel vessels concerned, or their agents, of the name of the designated observer appointed to be taken on board their vessel not later than 15 days before the observer's planned embarkation date. 3. Embarkation conditions 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 fixed by Union or Member State authorities and, as general rule, shall not exceed the time required to carry out their duties. In , unless the observers are appointed in the context of a regional observer programme, the observer Observer Programme where he/she may remain on board for a mutually agreed extended periodto undertake his/her duties in the context of the Programme. The Union authorities Mauritius Authority shall inform the Seychelles ship-vessel owners or their agents thereof when notifying them of the name of the designated observerobserver appointed to be taken on board the Seychelles vessel concerned. 4. The conditions for observers' embarkation under which observers are taken on board shall be agreed between ship owners or their agents and the ship-owners and Union or Member State authorities Mauritius Authority after the it has received notification of the list of designated observersSeychelles vessels. 5. Within two weeks, weeks and upon giving ten (10) days' written notice, the ship-ship owners of the Seychelles vessels concerned shall make known at which port, port and on what dates they intend to take observers on board. 6. Where observers are taken on board in a foreign port, their travel costs shall be borne by the ship-ownerowner of the vessel. Should a Seychelles vessel with an observer designated by the Union authorities from Mauritius on board leave Union Mauritius waters, all measures shall must be taken to ensure the observer safely returns to the Union Mauritius as soon as possible at the expense of the ship-ship owner, unless the observer is continuing with the Seychelles vessel in the context of his observer duties through another Agreement agreement or observer programme. 7. If the observer is not present at the time and place agreed and during the six hours following the time agreed, the Seychelles ship-owner shall be relieved of the obligation to take the observer on board. 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. The salary and applicable taxes of the observers shall be borne by the competent French authorities. Observer's duties The observer shall observe and record the fishing activities of the vessels for scientific purposes, 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 operations 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 programme; – monitor the impact of the fishing activities on the resource and on the environment; – collect information when encountering marine mammals (photographs, position of the vessel, census of the number of individuals, behaviour, etc.). The masters of Seychelles vessels shall ensure the physical safety and welfare of observers while on board. The observers shall be offered every facility needed to carry out their duties. The masters shall give them access to the means of communication needed for the discharge of their duties, to documents regarding the vessel's fishing activities, in particular the logbook and the navigation log, and to those parts of the vessel necessary to facilitate the performance of their tasks as observers. Observer's obligations While on board, 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; – take necessary care with regards to the material and equipment on board; – ensure the confidentiality of all data and documents regarding the Seychelles vessel and its activities and any information collected. At the end of the embarkation and before leaving the Seychelles vessel, the observer shall draw up an activity report to be transmitted to the Union authorities with a copy to the 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.twelve

Appears in 1 contract

Sources: Fishing Agreement

Observers. Observation of fishing activities 1. The Parties recognise the importance of respecting the obligations of relevant IOTC resolutions with regards to the Scientific Observer Programme and relevant Union and Seychelles Seychelles' laws and regulations, 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 transitiontransition to such schemes. Designated vessels and observers observers 2. The Seychelles Union purse seine vessels authorised to fish in Mayotte the Seychelles fishing zone under the Agreement shall, at the request of the Union Seychelles authorities, embark one observer, in the context of a national or regional observer observation programme under the terms set out belowin this Chapter. The embarkation of additional observers shall also be considered subject to a case by case agreement. 3. The Union Seychelles authorities shall draw up a list of Seychelles Union purse seine vessels designated to embark an observer and a list of appointed observers, while taking into account the characteristics of the vessels and possible space limitations due to security requirements. The list shall be kept up to date and forwarded to the Seychelles Union authorities as soon as it has been drawn up, and each time it is updated. 4. The Union Seychelles authorities shall communicate to the ship-owner or its agent of the Seychelles vessel concerned, the name of the designated observer to the agent of the Union vessel concerned not later than 15 days before the observer's planned embarkation date. Embarkation conditions conditions 5. The time spent on board by observers shall be fixed by Union or Member State the Seychelles authorities and, as a general rule, shall not exceed the time required to carry out their duties. In the context of a regional observer observers programme, the observer may remain on board for a mutually agreed extended period. The Union Seychelles authorities shall inform the Seychelles ship-owners or their agents agent of the Union vessel thereof when notifying the name of the designated observer. 6. The conditions for observers' embarkation of observers shall be agreed between the ship-owners and Union or Member State the Seychelles authorities after the notification of the designated observers. 7. Within Where observers are to be embarked in Seychelles, within two weeks, weeks and upon giving ten 10 days' notice, the ship-owners of the Seychelles vessels concerned shall make known at which portport or location, and on what dates they intend to take observers on boardbe embarked. 8. Where observers are taken on board to be embarked in a foreign port, their travel costs shall be borne by the ship-owner. Should If a Seychelles vessel with an observer designated by the Union authorities from Seychelles on board leave Union leaves Seychelles waters, all measures shall be taken to ensure the safe return of the observer safely returns to the Union Seychelles as soon as possible at the expense of the ship-owner, unless the observer is continuing with the Seychelles vessel in the context of his observer duties through another Agreement or observer programme. 9. If the an observer is not present at the time and place agreed and or during the six hours following the time agreed, the Seychelles ship-owner owners shall be relieved of the their obligation to take embark the observer on boardobserver. 10. Seychelles shipShip-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. The salary and applicable taxes of the observers shall be borne by the competent French Seychelles authorities. Observer's duties The observer Observers' duties 13. Observers shall observe and record the fishing activities of the vessels for scientific purposes, 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 Union vessels engaged in fishing operations and the fishing gear used; , – the catch data for Mayotte 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. The observer Observers shall maintain a regular communication channel with the Union or Member State Seychelles authorities, making use of the communication means available on board the Seychelles Union vessel. 15. In addition, the observer observers may carry out other duties such as: – perform biological sampling in the context of a scientific programme; , – monitor the impact of the fishing activities on the resource and on the environment; – collect information when encountering marine mammals (photographs, position of the vessel, census of the number of individuals, behaviour, etc.) 16. The masters of Seychelles Union vessels shall do everything reasonably practicable to ensure the physical safety and welfare of observers while on board. 17. The observers Observers shall be offered every facility needed to carry out their duties. The masters master of the Union vessel shall give them access to the means of communication needed for the discharge of their duties, to documents regarding the vessel's fishing activities, in particular the logbook and the navigation log, and to those parts of the vessel necessary to facilitate the performance of their tasks as observers. Observer's obligations Observers' obligations 18. While on board, the observer observers shall: – take all appropriate steps to ensure that the conditions of their boarding and presence on the Seychelles Union vessel neither interrupt nor hamper fishing operations; , – take necessary care with regards to the material and equipment on board; , – ensure the confidentiality of all data and documents regarding the Seychelles Union vessel and its activities and any information collected. 19. At the end of the embarkation and before leaving the Seychelles Union vessel, the observer shall draw up an activity report to be transmitted to the Union authorities competent Seychelles authorities, with a copy to the competent Seychelles authorities, 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. Sanctions 1. Failure to observe the provisions of this Protocol or the applicable laws and regulations of Seychelles vesselrelating to the conservation and management of marine living resources in Seychelles waters, is an offence and shall be liable to a sanction in accordance with the laws 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. The 1. Both Parties recognise recognize the importance of respecting the obligations of relevant IOTC resolutions Resolution with regards regard to the Scientific Observer Programme and relevant Union and Seychelles laws and regulations, including electronic observation schemesProgramme. 2. 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. Designated vessels and observers The Seychelles vessels A vessel authorised to fish in Mayotte fishing zone shallSeychelles waters under this Agreement shall take on board observers appointed by the Seychelles Authority However, at the request technical aspects of the Union authorities, embark 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 one observer, in the context of a national or regional observer programme under o r n a t i o n a l observation programme; (b) the terms set out below. The embarkation of additional observers shall also be considered subject to a case by case agreement. The Union authorities Seychelles Authority shall draw up a list of Seychelles Mauritius vessels designated to embark take an observer on board and a list of appointed observers, while taking into account the characteristics of the vessels and possible space limitations due to security requirements. The list Those lists shall be kept up to date and date. They shall be forwarded to the Seychelles authorities Mauritius as soon as it has they have been drawn up, and each time it is every three months thereafter, where they have been updated. The Union authorities ; and (c) t he Seychelles Authority shall communicate to inform the ship-owner or its agent of the Seychelles a Mauritius vessel concerned, or its agent, of the name of the designated observer appointed to be taken on board the vessel not later than 15 days before the observer's planned embarkation date. 3. Embarkation conditions The time spent on board a M a u r i t i u s v e s s e l by observers shall be fixed by Union or Member State authorities and, as general rule, observer shall not exceed the time required to carry out their duties. In , unless the observers are appointed in the context of a regional observer programme, the observer Observer Programmes where he/she may remain on board for a mutually agreed extended periodto undertake his/her duties in the context of the Programme. The Union authorities Seychelle s Au thority shall inform the Seychelles ship-owners owner of a Mauritius vessel or their agents its agent thereof when notifying it of the name of the designated observerobserver appointed to be taken on board the Mauritius vessel concerned. 4. The conditions for observers' embarkation under which an observer is taken on board shall be agreed between ship owners or t he i r agent and the ship-owners and Union or Member State authorities Seychelles Authority after the notification of the list of designated observersMauritius vessels. 5. Within two weeks, weeks and upon giving not less than ten (10) days' written notice, the ship-owners ship owner of the Seychelles vessels concerned a Mauritius vessel c o n c e r n e d shall make known at which port, port and on what dates they intend date it intends to take observers an observer on board. 6. Where observers are taken on board in a foreign port, their travel costs shall be borne by the ship-ownerowner of the vessel. Should a Seychelles Mauritius vessel with an observer designated by the Union authorities from Seychelles on board leave Union Seychelles waters, all measures shall must be taken to ensure the observer safely returns to the Union Seychelles as soon as possible at the expense of the ship-ownerowner of the vessel, unless the observer is continuing with the Seychelles Mauritius vessel in the context of his observer duties through another Agreement agreement or observer programme. 7. If the observer is not present at the time and place agreed and during the six twelve (12) hours following the time agreed, the Seychelles ship-owner of the Mauritius vessel shall be relieved automatically absolved of the obligation to take the observer on board. 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. 8. Observers shall be treated as officers. The salary and applicable taxes of They shall carry out the observers shall be borne by the competent French authorities. Observer's duties The observer shall following tasks: (a) observe and record the fishing activities of the vessels for scientific purposes, 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; – Mauritius vessels; (b) verify the position of Seychelles Mauritius vessels engaged in fishing operations and operations; (c) note the fishing gear used; – the catch data for Mayotte fishing zone recorded in the logbook, ; (d) note deployment of Fish Aggregating Devices including the percentage type of by-catches FADs 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 programme; – monitor the impact of the fishing activities on the resource and on the environment; – collect information when encountering marine mammals (photographs, position of the vessel, census of the number of individuals, behaviour, etc.). The masters of Seychelles vessels shall ensure the physical safety and welfare of observers while on board. The observers shall be offered every facility needed to carry out their duties. The masters shall give them access to the means of communication needed for the discharge of their duties, to documents regarding the vessel's fishing activities, in particular the logbook and the navigation log, and to those parts of the vessel necessary to facilitate the performance of their tasks as observers. Observer's obligations While on board, 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; – take necessary care with regards to the material and equipment on board; – ensure the confidentiality of all data and documents regarding the Seychelles vessel and its activities and any information collected. At the end of the embarkation and before leaving the Seychelles vessel, the observer shall draw up an activity report to be transmitted to the Union authorities with a copy to the 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.beacon used;

Appears in 1 contract

Sources: Fishing Agreement

Observers. The Parties recognise Observation of fishing activities 1. Vessels holding a fishing authorisation shall be subject to a scheme for observing their fishing activities carried out within the importance framework of respecting the obligations of relevant IOTC resolutions with regards Agreement. 2. This observation scheme shall conform to the Scientific recommendations adopted by ICCAT. 3. Until such time as the new ICCAT Regional Observer Programme and relevant Union and Seychelles laws and regulations, including electronic observation schemes. Howeverbecomes operational, the modalities for the implementation of electronic observation schemes following provisions on observers shall take into account the practical implications for the fleets and the time needed for the transitionapply. Designated vessels and observers observers 4. The Seychelles BNF shall designate the Union vessels authorised which must allow an observer to fish in Mayotte fishing zone embark and the 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 Union Liberian authorities, embark take on board one observer, observer in order to reach the context cover rate of a national or regional observer programme under the terms set out below15 % of authorised vessels. 5. The embarkation of additional observers shall also be considered subject to a case by case agreement. The Union authorities BNF shall draw up a list of Seychelles vessels designated to embark take 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. The list Those lists shall be kept up to date and date. They shall be forwarded to the Seychelles authorities Union as soon as it has they have been drawn up, up and each time it every three months thereafter when they have been updated. 6. When the fishing authorisation is updated. The Union authorities shall communicate to the ship-owner or its agent of the Seychelles vessel concernedissued, the name BNF shall inform the Union and the vessel owner, or his agent, of the designated vessels and the observers which will be present on board 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 owner or his agent of any change in the designated vessels and observers. 7. The BNF shall endeavour not to designate observers for vessels which already have an observer not later on board, or 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. 8. Embarkation conditions The time spent on board by observers shall be fixed by Union or Member State authorities andone fishing trip or, as general ruleat the express request of the vessel-owner, more than one fishing trip for a particular vessel. 9. The observers shall not exceed spend more time on board the time required vessel than is necessary to carry out their duties. In Flat-rate financial contribution 10. At the context time the annual advance fee is paid, the vessel owner shall also pay Liberia a flat-rate sum of EUR 400 per year for each vessel. Observer's salary 11. The salary and social contributions of the observer shall be borne by Liberia. Embarkation conditions 12. The embarkation conditions for the observer, 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 regional 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 master shall ensure that the observer programmehas 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 remove from the vessel such photographs or film as the observer may remain have taken or used on board for a mutually agreed extended periodthe 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 Union authorities vessel owner or his agent shall inform notify Liberia, with a notice period of ten calendar days before the Seychelles ship-owners or their agents thereof when notifying the name embarkation, of the designated date, time and port of embarkation of the observer. The conditions for observers' embarkation shall be agreed between If the ship-owners and Union or Member State authorities after the notification of the designated observers. Within two weeks, and upon giving ten days' notice, the ship-owners of the Seychelles vessels concerned shall make known at which port, and on what dates they intend to take observers on board. Where observers are taken on board observer is embarked in a foreign portcountry, their travel costs to the port of embarkation shall be borne by the ship-vessel owner. Should a Seychelles vessel with an observer designated by the Union authorities on board leave Union waters, all measures shall be taken to ensure the observer safely returns to the Union as soon as possible at the expense of the ship-owner, unless the observer is continuing with the Seychelles vessel in the context of his observer duties through another Agreement or observer programme. 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 present disembarked in a Liberian port, the vessel owner shall bear the costs of repatriation of the observer to Liberia as soon as possible. 22. If the vessel does not arrive at the agreed time and place at the previously agreed and during the six hours following the time agreedport to receive an observer, the Seychelles ship-owner shall be relieved pay the costs at a daily subsistence rate of the obligation to take the observer on board. Seychelles ship-owners shall bear the cost of providing board and accommodation for observers in the same conditions as EUR 80 for the officers on number of days relating to the observer's inability to board while waiting at the vesselport (accommodation, food, etc.). 23. Observers shall be treated as officers. The salary If the vessel fails to appear, without having provided the BNF and NFMC with prior notification, Liberia may take appropriate action in accordance with the applicable taxes of the observers shall be borne by the competent French authoritiesLiberian legislation. Observer's duties duties 24. The observer shall carry out the following duties: (a) observe and record the fishing activities of the vessels for scientific purposes, in particular: – vessel; (b) 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; – ; (c) the method methods by which, the areas in which, and the depth depths at which, fish are taken; – ; (d) the position effects of Seychelles vessels engaged in fishing operations methods on fish, and the fishing gear used; – the catch data for Mayotte fishing zone recorded in the logbookenvironment; (e) processing, including the percentage of by-catches and an estimation of discards; – where relevant, processingtransportation, transhipment, storage, or disposal of any fish. The observer shall maintain a regular communication channel with ; (f) verify the Union or Member State authorities, making use position of the communication means available on board the Seychelles vessel. In addition, the observer may carry out other duties such as: – vessel during fisheries operations; (g) perform biological sampling in the context of a scientific programme; – monitor the impact of ; (h) note the fishing activities on gear used; (i) verify the resource catch data for the Liberian fishing zone recorded in the logbook; (j) verify the percentages of by-catch and on estimate the environment; – collect information when encountering marine mammals discarded catch; (photographsk) communicate observations by radio, position fax or e-mail at least once a week while the vessel is fishing in the Liberian fishing zone, including the quantity of the vessel, census of the number of individuals, behaviour, etc.). The masters of Seychelles vessels shall ensure the physical safety catch and welfare of observers while by-catch on board. The observers shall be offered every facility needed to carry out their duties. The masters shall give them access to the means of communication needed for the discharge of their duties, to documents regarding the vessel's fishing activities, in particular the logbook and the navigation log, and to those parts of the vessel necessary to facilitate the performance of their tasks as observers. Observer's obligations While on board, 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; – take necessary care with regards to the material and equipment on board; – ensure the confidentiality of all data and documents regarding the Seychelles vessel and its activities and any information collectedreport 25. At the end of the embarkation and before Before leaving the Seychelles vessel, the observer shall draw up an activity submit a summary report to be transmitted of his observations to the Union authorities with a copy 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 competent Seychelles authorities, within 15 daysobserver's report. The report shall be signed by the observerobserver and the master. A The master shall receive a copy of the observer's report. 26. The observer shall send his report shall be handed to the master when 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 leaves report may be used for both science and compliance analysis by the Seychelles vesselcompetent Liberian and Union authorities.

Appears in 1 contract

Sources: Sustainable Fisheries Partnership Agreement

Observers. The Parties recognise 1. Vessels licensed to fish under 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. However, the modalities for the implementation of electronic observation schemes Agreement shall take into account on board observers, preferably accredited at regional level and designated by the practical implications Comorian authorities responsible for the fleets and the time needed for the transition. Designated vessels and observers The Seychelles vessels authorised to fish in Mayotte fishing zone shallfisheries, at the request of the Union authorities, embark one observer, in the context of a national or regional observer programme under on the terms set out below. 1.1. At the request of the Ministry responsible for fisheries in the Union of the Comoros, tuna vessels shall take on board an observer appointed by the Ministry to check catches made in Comorian waters. 1.2. The embarkation competent authority of additional observers shall also be considered subject to a case by case agreement. The the Union authorities of the Comoros shall draw up a list of Seychelles vessels designated to embark take 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. The list These lists shall be kept up to date and date. They shall be forwarded to the Seychelles authorities EU as soon as it has they have been drawn up, up and each time it is every three months thereafter where they have been updated. 1.3. The Union authorities shall communicate to the ship-owner or its agent competent authority of the Seychelles Union of the Comoros shall inform the vessel owners concerned, or their agents, of the name of the designated observer not appointed to be taken on board the vessel at the time the licence is issued, or no later than 15 days before the observer's planned embarkation date. Embarkation conditions The , also indicating the time spent the observer will spend on board by observers shall be fixed by Union or Member State authorities and, as general rule, shall not exceed the time required to carry out their duties. In the context of a regional observer programme, the observer may remain on board for a mutually agreed extended period. The Union authorities shall inform the Seychelles ship-owners or their agents thereof when notifying the name of the designated observervessel. 2. The conditions for observers' embarkation under which an observer is taken on board shall be agreed between the ship-vessel owner or their agents and the Comorian authorities. 3. The observer shall embark in a port chosen by the vessel owner. The vessel owners and Union or Member State concerned shall notify the competent authorities after the notification ten days in advance of the designated observers. Within two weeks, date and upon giving ten days' notice, port selected for taking the ship-owners of the Seychelles vessels concerned shall make known at which port, and on what dates they intend to take observers on board. 4. Where observers are taken on board in a foreign portcountry, their travel costs shall be borne by the ship-vessel owner. Should a Seychelles vessel with an observer designated by the Union authorities on board leave the Union watersof the Comoros's fishing zone, all measures shall must be taken to ensure the observer safely returns observer's return to the Union of the Comoros as soon as possible at the expense of the ship-vessel owner, unless the observer is continuing with the Seychelles vessel in the context of his observer duties through another Agreement or observer programme. 5. If the observer is not present at the time and place agreed and during or within the six twelve hours following the time agreed, the Seychelles ship-vessel owner shall be relieved automatically absolved of the their obligation to take the observer on board. 6. 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 An observer shall be treated on board as officersan officer. The salary and applicable taxes of He or she shall carry out the observers shall be borne by following tasks: — observe the competent French authorities. Observer's duties The observer shall observe and record the vessels' fishing activities of the vessels for scientific purposes, 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 birdsactivities; – the method by which, the areas in which, and the depth at which, fish are taken; – — verify the position of Seychelles vessels engaged in fishing operations and operations; — note the fishing gear used; — verify the catch data for Mayotte fishing zone recorded in the logbook, including logbook for catches taken in the percentage Union of the Comoros's fishing zone; — verify the percentages of by-catches and an estimation estimate the quantity of discardsdiscards of species of marketable fin-fish, crustaceans and cephalopods; – where relevant— report fishing data by radio, processing, transhipment, storage, or disposal including the quantity of any fishcatches and by-catches on board. 7. The observer master 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 do everything in the context of a scientific programme; – monitor the impact of the fishing activities on the resource and on the environment; – collect information when encountering marine mammals (photographs, position of the vessel, census of the number of individuals, behaviour, etc.). The masters of Seychelles vessels shall his/her power to ensure the physical safety and welfare of observers while on boardthe observer during the performance of his/her duties. 8. The observers observer shall be offered every facility needed to carry out their duties. The masters master shall give them him/her access to the means of communication needed for the discharge of their duties, to documents regarding 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 performance exercise of their tasks as observerstasks. 9. Observer's obligations While on board, 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; – take necessary care with regards to — respect the material and equipment on board; – ensure board and the confidentiality of all data and documents regarding belonging to the Seychelles vessel and its activities and any information collectedvessel. 10. At the end of the embarkation observation period and before leaving the Seychelles vessel, the observer shall draw up an activity report to be transmitted to the competent authorities in the Union authorities of the Comoros, with a copy to the competent Seychelles authoritiesEU Delegation in Mauritius. He/she shall sign it in the presence of the master, within 15 days. The report shall who may add or cause to be signed added to it any observations considered relevant, followed by the observermaster's signature. A copy of the report shall be handed given to the master of the vessel when the observer leaves is put ashore. 11. The observer shall be provided with board and lodging at the Seychelles vessel owner's expense in the same conditions as the officers, within the confines of the structure of the vessel. 12. The salary and the social security contributions of the observer shall be borne by the competent authorities of the Union of the Comoros.

Appears in 1 contract

Sources: Fisheries Partnership Agreement