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THE REPUBLIC OF LIBERIA Marine LIBERIA … · FTP-001 3 of 6 08/17 The Republic of Liberia 1....

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1 of 6 Inquiries concerning the subject of this Notice should be directed to the Office of the Deputy Commissioner, Republic of Liberia, the Liberian International Ship & Corporate Registry, 8619 Westwood Center Dr., Suite 300, Vienna, VA 22182 USA. 08/17 TO: SUBJECT: Reference: ALL SHIPOWNERS, OPERATORS AND MASTERS OF LIBERIAN- FLAGGED REEFER, BUNKER, AND SUPPLY VESSELS Requirements for Engaging in Transshipment Activities (a) NEAFC; WCPFC; SPRFMO; IOTC; ICCAT; IATTC (b) Liberia Maritime Law, Sections 11, 12, 13 and 51 (c) Liberia Maritime Regulation 1.13(2) Supersedes: Marine Notice FTP-001, dated 09/15 PURPOSE: This Marine Notice (“Notice”) advises and provides guidance and regulations for Owners, Operators and Masters of Liberian-flagged vessels, including reefer, bunker and supply vessels, involved in or that plan to be involved in transshipment activities in certain sea areas or of specific species of fish managed by Regional Fisheries Management Organizations (“RFMOs”) worldwide. BACKGROUND Experts estimate that the global value of economic losses from Illegal, Unreported and Unregulated (“IUU”) fishing range between $10 billion and $23.5 billion annually. IUU fishing generally refers to fishing conducted in violation of national laws or internationally agreed Conservation and Management Measures (“CMMs”) in effect in oceans around the world. IUU fishing can include fishing without a license or quota for certain species, unauthorized transshipments to cargo vessels, failing to report catches or making false reports, keeping undersized fish or fish that are otherwise protected by regulations, fishing in closed areas or during closed seasons, and using prohibited fishing gear. Illegal fishing also occurs when States, Owners, Operators and Masters fail to comply with the CMMs of the regional fisheries bodies. To help curb IUU fishing, RFMOs, which are regional organizations formed by countries with fishing interests, some of which manage all the fish stocks found in a specific area, have established measures to enhance monitoring, control and surveillance and to penalize noncompliance. As a Cooperating Non-Contracting Member to certain RFMOs, the Liberia Administration, Owners, Operators and Masters of vessels registered in Liberia must ensure that Office of Deputy Commissioner of Maritime Affairs THE REPUBLIC OF LIBERIA LIBERIA MARITIME AUTHORITY Marine Notice FTP-001 Rev. 08/17
Transcript
  • 1 of 6 Inquiries concerning the subject of this Notice should be directed to the Office of the Deputy Commissioner, Republic of Liberia, the Liberian International Ship & Corporate Registry, 8619 Westwood Center Dr., Suite 300, Vienna, VA 22182 USA. 08/17

    TO:

    SUBJECT:

    Reference:

    ALL SHIPOWNERS, OPERATORS AND MASTERS OF LIBERIAN- FLAGGED REEFER, BUNKER, AND SUPPLY VESSELS

    Requirements for Engaging in Transshipment Activities

    (a) NEAFC; WCPFC; SPRFMO; IOTC; ICCAT; IATTC (b) Liberia Maritime Law, Sections 11, 12, 13 and 51 (c) Liberia Maritime Regulation 1.13(2)

    Supersedes: Marine Notice FTP-001, dated 09/15

    PURPOSE:

    This Marine Notice (Notice) advises and provides guidance and regulations for Owners, Operators and Masters of Liberian-flagged vessels, including reefer, bunker and supply vessels, involved in or that plan to be involved in transshipment activities in certain sea areas or of specific species of fish managed by Regional Fisheries Management Organizations (RFMOs) worldwide.

    BACKGROUND

    Experts estimate that the global value of economic losses from Illegal, Unreported and Unregulated (IUU) fishing range between $10 billion and $23.5 billion annually. IUU fishing generally refers to fishing conducted in violation of national laws or internationally agreed Conservation and Management Measures (CMMs) in effect in oceans around the world. IUU fishing can include fishing without a license or quota for certain species, unauthorized transshipments to cargo vessels, failing to report catches or making false reports, keeping undersized fish or fish that are otherwise protected by regulations, fishing in closed areas or during closed seasons, and using prohibited fishing gear. Illegal fishing also occurs when States, Owners, Operators and Masters fail to comply with the CMMs of the regional fisheries bodies.

    To help curb IUU fishing, RFMOs, which are regional organizations formed by countries with fishing interests, some of which manage all the fish stocks found in a specific area, have established measures to enhance monitoring, control and surveillance and to penalize noncompliance. As a Cooperating Non-Contracting Member to certain RFMOs, the Liberia Administration, Owners, Operators and Masters of vessels registered in Liberia must ensure that

    Office of Deputy Commissioner

    of Maritime Affairs

    THE REPUBLIC OF LIBERIA LIBERIA MARITIME AUTHORITY

    Marine Notice

    FTP-001 Rev. 08/17

  • FTP-001 2 of 6 08/17 The Republic of Liberia

    their vessels comply with applicable regulations to prevent IUU fishing, which includes unauthorized transshipment activities.

    APPLICABILITY:

    This Notice applies to all Liberian-flagged vessels engaging in or planning to engage in

    transshipment activities in certain areas or of specific species of fish managed by the following RFMOs 1:

    North East Atlantic Fisheries Commission (NEAFC); Western Central Pacific Fisheries Commission (WCPFC); Southern Pacific Regional Fisheries Management Organization (SPRFMO); Indian Ocean Tuna Commission (IOTC), International Commission for the Conservation of Atlantic Tunas (ICCAT); Inter-American Tropical Tuna Commission (IATTC).

    Pursuant to the RFMOs principles, Contracting and Cooperating Non-Contracting/ Parties or Members (collectively Members) are advised to:

    1. Ensure that all their fishing, transport and support vessels involved in transshipment have obtained prior authorization or a transshipment license issued by the Flag Administration and to report to the RFMOs or other designated institution the required information about operations;

    2. Implement and enforce Conservation and Management Measures (CMMs) through effective monitoring, control and surveillance; and

    3. Transship and land fishery resources caught in the Regulatory or Convention Areas in accordance with standards and procedures.

    DEFINITIONS:

    A. Transshipment

    Transshipment means the transfer, over the side, of any quantity of fisheries resources or products thereof retained on board, from one fishing vessel to another vessel. This includes transporting fish products, participating in joint operations such as re-supply or re-fuelling of vessels engaged in fishing activities.

    B. Illegal, Unreported and Unregulated (IUU) Fishing

    Illegal, Unreported and Unregulated fishing is the term used to describe fishing activity which contravenes national or international agreements and management measures. Vessels are presumed to have carried out IUU fishing activities when they:

    1See Annexes 1-6 of this Marine Notice.

  • FTP-001 3 of 6 08/17 The Republic of Liberia

    1. Engage in unlicensed/unauthorized fishing for fishery resources; 2. Are not registered on the list of vessels authorized to fish, transship, or supply fishing

    vessels in a Convention Area; 3. Do not record and/or report their catches made in the Convention Area, or make false

    reports; 4. Take on board, transship or land undersized fish in a way that undermines CMMs; 5. Use prohibited or non-compliant fishing gear in a way that undermines CMMs; 6. Transship with, or participate in joint operations such as re-supply or re-fuelling vessels

    included on the IUU List and or Record of Vessels.

    C. IUU Vessels List

    Vessels that are confirmed to have conducted one or more of the above activities are listed on an IUU Vessels List. The Flag Administration has the responsibility to notify the owner of the vessels of their inclusion on the list and of the consequences that may result. Some probable actions against vessels determined to have engaged in IUU activities, include:

    1. Delisting the vessel from the Liberian Registry; 2. Withdrawal or suspension of licenses; 3. Monetary penalty and/or civil liability; 4. Prohibition of port access; 5) Confiscation of catch; and 5. Refusal to grant a flag certificate of registration.

    REGULATIONS: The RFMOs have established regulations that require their Members take the necessary

    measures to ensure that fishing/reefer/bunker and supply vessels flying their flag comply with certain requirements when fishing or engaging in transshipment activities. Below are some relevant requirements:

    A. Transshipment Authorization/Application Process

    For vessels that intend to engage in transshipment activities, the Owners/Operators are required to submit an application to this Administration for an authorization to do so. The Administration will conduct IUU background checks and then send the VMS equipment to the vessel for installation before issuing a license. Prior to issuing the license, the Administration will add the vessel to the Record of Vessels in the respective RFMO regions.

    An application for a transshipment license should be sent to [email protected]; questions about our transshipment program may be sent to the above address or call our Fisheries Monitoring Center at (703) 251-2405.

  • FTP-001 4 of 6 08/17 The Republic of Liberia

    B. Establishing a Record of Vessels Authorized to Fish/Transship

    Transshipments at sea and in port must only be undertaken between vessels included in the RFMOs Record of Vessels. Once a license is issued, the vessel is then placed on the RFMOs respective Record of Vessels.

    C. Vessel Monitoring System (VMS)

    Vessels authorized for transshipment are required to install and operate a VMS, including Automatic Location Communicator (ALC) and reporting tablet. The VMS must be activated at all times and automatically communicate: (i) static unique identifier; (ii) current geographical position (latitude and longitude) of the vessel; (iii) date/ time (expressed in UTC) of the position of the vessel; (iv) where applicable, data relating to the catch onboard; and (v) data relating to transshipment.

    The VMS package will be sent by the Administration to the vessel for installation. The tablet is capable of transmitting reports and transshipment declarations.

    In case of an emergency and if the vessel is unable to transmit the forms, email us at [email protected].

    In the event of a technical failure of the VMS, the device must be repaired or replaced within one (1) month. A dispensation must be obtained from the Liberian Administration during this period. The master of the vessel is prohibited from commencing a transshipment operation with a defective satellite tracking device. Where a device stops functioning and a trip lasts more than one month, the repair or the replacement must take place as soon as the vessel enters a port. Notwithstanding, a vessel with a defective VMS tracking device shall communicate, at least every 4 hours, reports to the Fish Monitoring Center (FMC); the report must include: the name of the vessel, call sign, trip number, vessel registration number, latitude and longitude, speed, course, activity, date and time.

    D. Establishing a List of Vessels Presumed to have Carried Out IUU Fishing Activities

    Flag Administrations are required to transmit every year to the RFMOs a list of the vessels presumed to have been carrying out IUU fishing activities in a given Regulatory Area during the current and previous year, accompanied by evidence supporting the presumption of IUU fishing activity. Following the requirements of this Marine Notice and Annexes will help your vessel comply with the requirements of each RFMO; if in doubt, contact [email protected] for clarification.

    E. Regional Observer Program

    In certain regions, Flag Administrations vessels are to ensure that vessels they are responsible for carry observers to monitor transshipments at sea. See respective Annexes for more information.

  • FTP-001 5 of 6 08/17 The Republic of Liberia

    F. Reporting

    Flag Administrations are required to annually report on all transshipment activities; VMS implementation; Observer Programs; etc. Specific requirement per region is annexed to this Notice. Owners are responsible for reporting on individual transshipment operations, including landings, which will be transmitted to the RFMOs as required and consolidated for annual reports.

    G. High Seas Boarding/Inspection

    High seas control and surveillance are intended to be carried out by inspectors assigned by certain RFMOs. See Annex for more information. Ships must comply with each RFMOs high seas inspection and boarding requirements.

    FLAG STATE OBLIGATIONS:

    Flag Administrations are required to take all necessary measures to ensure that vessels flying their flag and are engaged in transshipment of fish products, participating in joint operations, such as, re-supply or re-fuelling of vessels engaged in fishing:

    a) Comply with the provisions of RFMOs Conventions and the CMMs adopted, and that such vessels do not engage in any activity which undermines the effectiveness of such measures;

    b) Do not conduct unauthorized transshipment activities within waters under national jurisdiction adjacent to the Convention Areas;

    c) Land or transship fishery resources caught in the Convention Areas in accordance with standards and procedures;

    d) Ensure that VMS units are installed on vessels; e) Take all necessary measures to support efforts to prevent, deter and eliminate IUU fishing; f) Investigate immediately and report on actions taken in response to any alleged violation by

    vessels; g) Ensure that penalties applicable for such violations are of an appropriate severity, taking

    into account relevant factors including the value of the catch, to secure compliance, discourage further violations and deprive offenders of the benefits accruing from their illegal activities;

    h) Issuing transshipment licenses and adding vessels to the RFMOs Record of Vessels; i) Conducting detailed IUU background checks before issuing license; and j) Reporting as required.

    OWNERS/OPERATORS/MASTER OBLIGATIONS:

    Owners, Operators and Masters of vessels must comply with the applicable national laws of each RFMO in whose jurisdiction it enters and must be responsible for the compliance by the vessels and crew. Shipowners, Operators and Masters of vessels engaging in transshipment activities in the various Convention Areas must:

    a) Ensure that they obtain transshipment license from the flag Administration before engaging in transshipment activities;

  • FTP-001 6 of 6 08/17 The Republic of Liberia

    b) Ensure that authorization issued by the flag Administration of the vessel and, if applicable, any license shall be carried on board the vessel at all times and produced at the request of an authorized enforcement official of any member of the Commission;

    c) Ensure that data on landings and transshipment operations are provided to the flag Administration for submission to the RFMOs;

    d) Ensure that the VMS on the vessels remains operational; e) Comply with any procedures established by the RFMOs to verify the quantity and species

    transshipped, and any additional procedures and measures established thereby; and f) Comply with the RFMOs specific requirements outlined in the applicable Annexes with

    respect to reporting, inspections, boarding, etc. See respective Annexes for more information.

    List of Annexes:

    Annex 1 - North East Atlantic Fisheries Commission (NEAFC); Annex 2 - Western Central Pacific Fisheries Commission (WCPFC); Annex 3 - Southern Pacific Regional Fisheries Management Organization (SPRFMO); Annex 4 - Indian Ocean Tuna Commission (IOTC), Annex 5 - International Commission for the Conservation of Atlantic Tunas (ICCAT); Annex 6 - Inter-American Tropical Tuna Commission (IATTC).

  • ANNEX 1 NORTH EAST ATLANTIC FISHERIES COMMISSION (NEAFC)

    The four parts of the NEAFC Regulatory Area consist of the Arctic Ocean, the Barents Sea, the Norwegian Sea, and the North East Atlantic Ocean (http://www.neafc.org/).

    Reference: NEAFC Scheme of Control and Enforcement (http://www.neafc.org/mcs/scheme)

    1. Reporting Requirements for Transshipment Vessels

    The vessel Operator/Master shall provide the following notifications/reports directly to the NEAFC Secretariat and Liberian Administration via the vessels pre-programmed VMS tablet. These reports shall include the quantities on-loaded and off-loaded for each transshipment operation during the vessels stay in the NEAFC Regulatory Area.

    The Liberia issued VMS Tablets are pre-programmed with the required forms.

    The term catch for purposes of reporting requirements of NEAFC, includes fish taken on board and landed by vessels engaged in transshipment activities.

    The reports on catches shall be given in kilograms (rounded to the nearest 100kg) total round weight by species using the FAO code as set out in Annex V of the NEAFC Scheme of Control and Enforcement (SCE). The total quantity of species for which the total round weight by species is less than one ton may be reported under the 3-alpha code MZZ.

    1. Catch on Entry Report (Fish onboard on entry)

    A Catch on Entry Report shall be communicated in accordance with the specification and format set out in Annex VIII of the SCE, i.e., the quantities on board when entering the Regulatory Area. This report shall be made no more than 12 hours and at least 2 hours in advance of each entry into the Regulatory Area.

    2. Catch on Exit Report (Fish onboard on exit)

    When exiting the Regulatory Area, the report shall be made no more than 8 hours and at least 2 hours in advance of each exit. It shall include, where appropriate, the number of days since the vessel first entered the Regulatory Area and the catch transshipped.

    3. Cancel Report

    The reports (Catch on Entry/Exit) may be cancelled using the format specified in Annex VIII of the SCE. If a report is subject to correction, a new report must be sent without delay after the Cancel report within time limits set out in Articles 12 and 13 of the SCE.

  • 4. Communication of Transshipment

    Masters of each vessel shall communicate VMS reports of transshipments to the Administration in accordance with the specifications set out in Annex VIII of the SCE. These reports shall include the quantities on-loaded and off-loaded for each transshipment during the vessels stay in the Regulatory Area.

    Masters of donor vessels shall make this report at least 24 hours in advance, and concerning receiving vessels, this report shall be made no later than one hour after transshipment.

    5. Communication of Port of Landing

    Masters of each vessel involved in a transshipment operation shall report total catch onboard, total weight to be landed, name of port and date and time of landing at least 24 hours in advance of any landing, regardless of whether the landing is to take place in a port inside or outside the Convention Area.

    Masters shall ensure that the form for port of landing is communicated using the VMS tablet in accordance with the format set out in Annex VIII of the SCE.

    2. Port State Control (PSC) requirements for landings or transshipments in port

    These are additional requirements to notify the Port State of the vessels activities in their ports. Inasmuch, Masters are required to send the following reports to Port States via NEAFC website https://psc.neafc.org/ (NEAFC EPSC - The electronic Port State Control system for the NEAFC Convention Area). Emails and spreadsheets are not acceptable means of sending these PSC reports.

    Creating a web account for EPSC is simple, but it is not an instant process. Getting an account activated can take several days during busy periods; therefore accounts must be requested several days in advance of sending forms.

    NOTE: The following additionally required forms are NOT sent via the VMS tablet.

    1. Prior Notice of Entry into Port

    Masters of vessels or their representative intending to call into a port shall notify the competent authorities of the port they wish to use at least 3 working days before the estimated time of arrival.

    The prior notification referred to above shall be made using the formats and specifications in Annex XV of the SCE as follows:

    Annex XV(b) Part A shall be completed where the vessel has engaged in transshipment operations, providing the information separately for catches from each donor vessel.

  • Notification form(s) shall be done through an online application established on the NEAFC website. A fax-based system, using the forms set out in Annex XV, shall be used as a back-up system in the event that the NEAFC website is offline.

    The prior notification may be cancelled by the sender pursuant to Article 22.1 of the SCE by notifying the competent authorities of the port they wish to use no later than 24 hours before the notified estimated time of arrival in the port. Notice of Entry into Port will expire after seven (7) days if the vessel has not entered into the port as notified.

    The port State shall forward a copy of the notification to the NEAFC Secretary who shall update the status of any prior notification of landing on the NEAFC website.

    Port States can change the list of designated ports, contacts and minimum notification and cancellation periods. For current information, go to https://psc.neafc.org/designated-contacts .

    2. Authorization to Land or Transship

    In response to a notification transmitted per above, the Flag Administration of the vessel intending to land or transship, or where the vessel has engaged in transshipment operations outside a port, the flag State or States of donor fishing vessels, shall confirm by completing Part B of Annex XV(b).

    Landing or transshipment operations may only commence after authorization has been given by the competent authorities of the port State, by completing Part C of Annex XV(b). Such authorization shall only be given if the confirmation from the flag State of the donor fishing vessel has been received.

    Landing, transshipment and other use of ports shall not be authorized if the port State receives clear evidence that the catch on board was taken in contravention of applicable requirements of a Contracting Party in respect of areas under its national jurisdiction.

    The port State shall notify without delay its decision whether or not to authorize the landing or transshipment and other use of ports to the Master of the vessel or his representative, to the flag Administration of the donor fishing vessel and to the Secretary by completing as appropriate Part C of the relevant notification.

    3. Labelling of Frozen Fish

    The donor fishing vessel is responsible for that fish caught in the Convention Area and subsequently frozen, are identified with a clearly legible label or stamp. The label or stamp shall be placed on each box or block of frozen fish, indicating the species, production date, the International Council for the Exploration of the Sea (ICES) sub-area and division where the catch was taken and the name of the vessel which caught the fish. (http://www.fao.org/fishery/area/Area27/en).

  • 4. Record Keeping

    Any vessel engaged in transshipment operations is exempt from keeping a fishing logbook required under Article 9 of the SCE; however, in its place it shall have and record in a production logbook and stowage plan:

    a. date and time (UTC) of transmission of a report;b. in case of radio transmission, name of radio station through which the report is

    transmitted. the date and time (UTC) of the transshipment operation;c. the location (longitude/latitude) of the transshipment operation;d. the quantities of species on-loaded;e. the name and international radio call sign of the fishing vessel from which the

    catch has been off-loaded.

    Vessels with frozen catch on board of fisheries resources caught in the Convention Area by more than one fishing vessel, may stow the fish from each of these vessels in more than one part of the hold but shall keep it clearly separate (for example by plastic, plywood, netting etc.) from fish caught by other vessels. Similarly, all catches taken inside the NEAFC Convention Area shall be stowed separately from all catches taken outside the area.

    The quantities recorded shall correspond accurately to the quantities kept on board. The original recordings contained in the production logbook and stowage plan shall be kept on board the vessel for period of at least 12 months.

    5. Boarding and Inspection

    Control and surveillance shall be carried out by NEAFC inspectors. Each inspector carries special documentation of identity as a NEAFC inspector. No boarding is conducted without prior notice by radio being sent to the vessel or without the vessel being given the appropriate signal. An inspector has the authority to examine all relevant areas, decks and rooms of the vessels, catch (whether processed or not), equipment, and any relevant documents which the inspector deems necessary to verify the compliance with the measures established by NEAFC.

    The Master of a vessel is required to facilitate prompt and safe boarding and disembarkation of inspectors; cooperate with and assist in the inspection of the vessel; shall not obstruct, intimidate or interfere with the inspectors in the performance of their duties; allow the inspectors to communicate with the authorities of the Administration, etc.; and provide access to any areas, decks and rooms of the vessel, catch (whether processed or not), equipment, and any information or documents which the inspector deems necessary.

    6. Inspection Vessel

    If at any time more than 10 Liberian flagged vessels are engaged in fishing activities (transshipment, bunkering and/or supply) in the NEAFC Convention Area, an inspection vessel must be in the Area. Accordingly, Liberian flagged vessels engaging in transshipment activities in the NEAFC Convention

  • Area must share their schedules with the Administration to ensure effective monitoring and limit, if necessary, the number of vessels operating in the NEAFC Area.

    7. NEAFC Regional Observer Program

    The NEAFC does not require that vessels carry observers.

    Back

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  • ANNEX 2 WESTERN CENTRAL PACIFIC FISHERIES COMMISSION (WCPFC)

    The WCPFC Convention applies to the high seas of the Western Central Pacific, including Hawaii and French Polynesia.

    Reference: Conservation and Management Measure on the Regulation of Transshipment (https://www.wcpfc.int/transhipment-verification)

    Bunkering, transshipments or any other exchange of supplies or provisions between vessels in the Convention Area, other than transshipments of fish caught and transshipped only in territorial seas or archipelagic waters, may only be conducted with vessels in any of the following categories;

    a. Vessels flagged to a Member or Cooperating Non-Member of the WCPFC. The current listof WCPFC Members and cooperating Non-Members is maintained on the WCPFC Website at http://www.wcpfc.int/.

    b. Vessels on the WCPFC Record of Fishing Vessels. The current WCPFC Record of FishingVessels is maintained on the WCPFC Web site at http://www.wcpfc.int/.

    c. Vessels on the WCPFC Interim Register of Non-Member Carrier and Bunker Vessels. Thecurrent WCPFC Interim register of Non-Member Carrier and Bunker Vessels is maintainedon the WCPFC Web site at http://www.wcpfc.int/.

    Pre and Post Transshipment Reporting Requirements for Transshipment Vessels

    A pre- and post- WCPFC Transshipment Declaration (TD) shall be completed by both the offloading and receiving vessel for each transshipment activity in the WCPFC Convention Area, and each transshipment activity of catch taken in the Convention Area.

    The vessel Operator/Master shall provide these TDs directly to the WCPFC Secretariat with copy to the Administration at [email protected]

    Where transshipment occurs on the high seas, the timeline to report is as follows:

    1. Pre-Transshipment: Provide the WCPFC Executive Director with a TransshipmentNotification 36 hours in advance of each transshipment activity.

    The information to be included in the WCPFC Transshipment Notification:

    a. the name and WCPFC Identification Number (WIN) of the offloading vessel,b. the name and WIN of the receiving vessel,c. the product (including species and its processed state) to be transshipped,d. the tonnage by product to be transshipped,e. the date and estimated or proposed location of transshipment (latitude and longitude to a

    tenth of a degree with a margin of error of 24 nautical miles), andf. the geographic location of the highly migratory fish stock catches.

  • 2. Post-Transshipment: Provide the WCPFC Executive Director with a TransshipmentDeclaration within 15 days of completion of each transshipment activity.

    The information to be included in the WCPFC Transshipment Declaration:

    a. a unique document identifier,b. the name of the fishing vessel and its WIN,c. the name of the receiving vessel and its WIN,d. the fishing gear used to take the fish,e. the quantity of product (including species and its processed state),f. the state of fish (fresh or frozen) to be transshipped,g. the quantity of by-product,h. the geographic location to be transshipped,i. the date and location of the highly migratory fish stock catches,j. if applicable, the name and signature of the WCPFC Observer of the transshipment,k. the quantity of product already on board the receiving vessel and the geographic origin.

    3. Observer Coverage Requirements

    Observer coverage is required for all transshipments at sea in the Convention Area, unless the transshipment is an emergency transshipment. An emergency transshipment is a transshipment conducted under circumstances of force majeure or other serious mechanical breakdown that could reasonably be expected to threaten the health or safety of the vessel or crew or cause a significant financial loss through fish spoilage.

    In case of an emergency transshipment, the WCPFC Executive Director must be notified of the transshipment and the circumstances giving rise to the force majeure within 12 hours of the completion of transshipment. The owner or operator responsible for each vessel shall provide the Administration with a WCPFC Transshipment Declaration consistent with the requirement under paragraph 10 of the Conservation and Management Measure within 10 days of the transshipment.

    Receiving vessels cannot receive transshipments from more than one vessel at a time, unless there is a separate WCPFC Observer on either the offloading or receiving vessel to monitor each additional transshipment.

    The vessel owner is responsible for the costs of carrying an observer deployed under the new regulations (e.g., food, accommodations, and medical facilities) and is not eligible for reimbursement of these costs.

    1) Observers will monitor and confirm to the extent possible that the transshipped quantitiesof fish are consistent with other information available to the observer, which may include:

    a. the catch reported in the transshipment declaration;b. data in catch and effort logsheets, including catch and effort logsheets reported to

    coastal States for fish taken in waters of such coastal States;c. vessel position data; and

  • d. the intended port of landing.

    The owner or operator of a vessel required to carry a WCPFC Observer during transshipment at sea must provide notice to the Administration ([email protected]) at least one (1) month prior to the transshipment trip in order to schedule an observer with one of the WCPFC participating ROP providers. Fees and other travel costs for observers are borne by the receiving vessels.

    2) The notice must include the following information;

    a. the IMO number and WCPFC Identification Number (WIN) of the vesselb. the name of the vessel;c. the intended departure date, time, and location;d. the name of the operator (i.e., master on board) of the vessel;e. a telephone number at which the vessel owner or operator or designated agent may be

    contacted during the business day

    4. Rights and responsibilities of vessel operators, Masters and Crew

    1) The rights of vessel operators and Masters shall include:

    a. Expectation that a reasonable period of prior notice of the placement of an ROPobserver shall be given.

    b. Expectation that the observer will comply with the general rules of behavior, hierarchy,and laws and regulations of the Administration.

    c. Timely notification from the observer provider on completion of the observers trip ofany comments regarding the vessel operations. The Master shall have the opportunityto review and comment on the observers report, and shall have the right to includeadditional information deemed relevant or a personal statement.

    d. Ability to conduct lawful operations of the vessel without undue interference due to theobservers presence and performance of necessary duties.

    e. Ability to assign, at his or her discretion, a vessel crew member to accompany theobserver when the observer is carrying out duties in hazardous areas.

    2) The responsibilities of vessel operators and Master shall include:

    a. Accepting onboard the vessel any person identified as an observer under the ROP whenrequired by the Commission.

    b. Informing the crew of the timing of the ROP observer boarding as well as their rightsand responsibilities when an ROP observer boards the vessel.

    c. Assisting the ROP observer to safely embark and disembark the vessel at an agreedupon place and time.

    d. Giving notice to the ROP observer at least fifteen (15) minutes before the start of a setor haul onboard, unless the observer specifically requests not to be notified.

    e. Allow and assist the ROP observer to carry out all duties safely.

  • f. Allowing ROP observer full access to the vessels records including vessel logs anddocumentation for the purpose of records inspection and copying.

    g. Allowing reasonable access to navigational equipment, charts and radios, andreasonable access to other information relating to fishing.

    h. Permitting access to additional equipment, if present, to facilitate the work of the ROPobserver while onboard the vessel, such as high powered binoculars, electronic meansof communication, etc.

    3) The responsibilities of the vessel crew shall include:

    a. Not assaulting, obstructing, resisting, intimidating, influencing, or interfering with theROP observer or impeding or delaying observer duties.

    b. Compliance with regulations and procedures established under the Convention andother guidelines, regulations, or conditions established by the CCM that exercisesjurisdiction over the vessel.

    c. Allowing and assisting full access to and use of all facilities and equipment of the vesselwhich the observer may determine is necessary to carry out his or her duties, includingfull access to the bridge, fish onboard, and areas that may be used to hold, process,weigh, and store fish.

    d. Allow and assist the ROP observer to carry out all duties safely.e. Allow and assist the ROP observer to remove and store samples from the catch.f. Compliance with directions given by the Master with respect to the ROP observers

    duties.

    5. Boarding and Inspection

    Masters must accept boarding and inspection by authorized WCPFC inspectors. Authorized inspectors will have the authority to inspect the vessel, its license, gear, equipment, records, facilities, fish and fish products and any relevant documents necessary to verify compliance with the conservation and management measures in force pursuant to the WCPFC Convention.

    1) During the conduct of a boarding and inspection, the Master of the fishing vessel shall:

    a. Follow internationally accepted principles of good seamanship so as to avoid risks tothe safety of authorized inspection vessels and inspectors;

    b. Follow internationally accepted principles of good seamanship so as to avoid risks tothe safety of authorized inspection vessels and inspectors;

    c. Accept and facilitate prompt and safe boarding by the authorized inspectors;d. Cooperate with and assist in the inspection of the vessel pursuant to these procedures;e. Not assault, resist, intimidate, interfere with, or unduly obstruct or delay the inspectors

    in the performance of their duties;f. Allow the inspectors to communicate with the crew of the inspection vessel, the

    authorities of the inspection vessel, as well as with the authorities of the fishing vesselbeing inspected;

  • g. Provide them with reasonable facilities, including, where appropriate, food andaccommodation; and facilitate safe disembarkation by the inspectors.

    6. Prohibitions Pursuant to WCPFC Conservation and Management Measures (CMMs)

    a. Liberian flagged vessels operating in the WCPFC Convention Area are prohibitedfrom retaining onboard, transshipping, landing, or trading any fins harvested incontravention of WCPFC CMMs.

    b. Liberian flagged vessels are prohibited from retaining onboard, transshipping, orlanding any oceanic whitetip shark and/or silky shark caught in the Convention Area,in whole or in part, in the fisheries covered by the WCPFC Convention.

    7. Transshipping in the Eastern High Seas Pocket (E-HSP)

    Area of Application:

    The E-HSP is the area of high seas bounded by the Exclusive Economic Zones of the Cook Islands to the west, French Polynesia to the east and Kiribati to the north. For the purposes of this measure, the precise coordinates (geodetic information) shall be that used by the WCPFC VMS.

    Reporting:

    Vessels shall submit reports, directly to the Commission and the Liberian FMC ([email protected]) at least 6 hours prior to entry and no later than 6 hours prior to exiting the E-HSP.

    Such reports shall also contain estimated catch (kilograms) onboard. This information will immediately be transmitted by the Commission Secretariat to the adjacent coastal states/territories, and shall be considered non-public domain data. The report shall be in the following format:

    VID/Entry/Exit: Date/Time*; Lat/Long*; YFT/BET/ALB/SKJ/SWO/SHK/OTH/TOT(kgs)/ TRANSHIPMENT (Y/N)

    *) Of anticipated point of entry or exit.

    Vessels operating in the E-HSP to report sightings of any fishing vessel to the Commission Secretariat.

    Such information shall include: date, time, position, bearing, markings, speed, and vessel type.

    This information must be transmitted to the Liberian FMC ([email protected]) as soon as practicable, but not later than 15 days after the trip completion.

    Transshipment:

    Any transshipment activities undertaken in the E-HSP shall be in accordance with applicable CMMs. Vessels intending to transship (either unloading or receiving) in the E-HSP shall indicate this to the Commission and the Liberian FMC, in the reporting format as described above.

  • Eastern High Seas Pocket:

    * * * * * Back

  • WCPFCConventionArea

  • ANNEX 3 SOUTHERN PACIFIC REGIONAL FISHERIES MANAGEMENT ORGANIZATION (SPRFMO)

    SPRFMO Convention applies to the high seas of the South Pacific

    Reference: Conservation and Management Measure for the Regulation of Transshipment and Other Transfer Activities (https://www.sprfmo.int/assets/Meetings/Meetings-2013-plus/Commission- Meetings/3rd-Commission-Meeting-2015-Auckland-New-Zealand/Annex-N- CMM-3.05-Transhipment-other-transfer-activites-rev1.pdf) Transshipment Regulation

    Transshipments at sea and in port shall only be undertaken between vessels included in the SPRFMO Commissions Record of Vessels.

    At sea transfer of fuel, crew, gear or any other supplies between two vessels in the Convention Area shall only be undertaken between vessels included in the SPRFMO Commissions Record of Vessels.

    Transshipments of Trachurus Murphyi and demersal species caught in the Convention Area:

    Pre and Post Transshipment Reporting Requirements for Transshipment Vessels

    A SPRFMO pre-Transshipment Notification and post-Transshipment Report shall be completed for each transshipment activity in the RFMO Convention Area.

    The vessel Operator/Master shall provide these Notifications/Reports directly to the SPRFMO Secretariat and Liberian Administration via the vessels pre-programmed VMS tablet.

    1. Pre-Transshipment

    Notification is needed for each transshipment activity which includes transshipment of Trachurus Murphyi and demersal species caught in the Convention Area, regardless of where the transshipment takes place, at least 36 hours before the estimated time of such activities. Please refer to ANNEX A for the details to be included in the Transshipment Notification.

    2. Post-Transshipment

    No later than 7 days after transshipment is carried out, the vessel involved in transshipment must send a Post-Transshipment Report. Please refer to ANNEX B for the details to be included in the Transshipment Report.

    *Regional Observer Program

    SPRFMO has not yet implemented its Regional Observer Program; however, if an observer is on board the unloading or receiving vessel, the observer shall monitor the transshipment activities.

  • An observer monitoring transshipment shall complete a transshipment log sheet to verify the quantity and species of the fishery resources being transshipped, and shall provide a copy of the log sheet to the competent authorities of the observed vessel. The competent authorities of the observed vessel shall submit the observer data of the transshipment log sheet to the Secretariat, no later than 15 days from debarkation of the observer.

    Boarding and Inspection

    SPRFMOs procedures on at sea inspection in the Convention Area are parallel to those contained in Articles 21 and 22 of the United Nations Fish Stocks Agreement. This measure is effective until such time as the Commission adopts a specific SPRFMO at sea inspection regime. http://www.un.org/depts/los/convention_agreements/convention_overview_fish_stocks.htm

    Monthly Reporting to the Administration

    On the first day of every month, Operators or Masters of receiving vessels shall report to the Administration (via email to [email protected]) the quantities of fishery products

    transshipped to their vessel in the previous month, using the attached form in Annex C - attached.

    * * * * *

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  • SPRFMOCOMM03(2015)

    AnnexA

    TranshipmentNotification

    MembersandCNCPsshallprovidethefollowinginformation:

    Detailsofunloadingvessel

    a. Nameofvesselb. Registrationnumberc. Radiocallsignd. Vesselflagstatee. IMOnumber/IHSFairplaynumber(ifapplicable)f. Nameandnationalityofvesselmaster

    Detailsofreceivingvessel

    g. Nameofvesselh. Registrationnumberi. Radiocallsignj. Vesselflagstatek. IMOnumber/IHSFairplaynumber(ifapplicable)l. Nameandnationalityofvesselmaster

    AnnexB

    Transhipmentinformationtobereported

    Nolaterthan7daysafteratransshipmentiscarriedout,thecompetentauthoritiesofthevesselsinvolvedshallreporttotheSecretariat:

    Detailsofunloadingvessel

    a. Nameofvesselb. Registrationnumberc. Radiocallsignd. Vesselflagstatee. IMOnumber/IHSFairplaynumber(ifapplicable)f. Nameandnationalityofvesselmaster

    Detailsofreceivingvessel

    g. Nameofvessel

  • SPRFMOCOMM03(2015)

    h. Registrationnumberi. Radiocallsignj. Vesselflagstatek. IMOnumber/IHSFairplaynumber(ifapplicable)l. Nameandnationalityofvesselmaster

    Detailsoftranshipmentoperation

    a. Dateandtimeofcommencementoftranshipment(UTC)b. Dateandtimeofcompletionoftranshipment(UTC)c. Iftranshippedinport:

    1. PortState,nameofportandportcode2

    d. Iftranshippedatsea:1. Position(nearest1/10thdegree)atcommencementoftranshipment(decimal)2. Position(nearest1/10thdegree)atcompletionoftranshipment(decimal)

    e. Holdnumbersinreceivingvesselinwhichproductisstowedf. Destinationportofreceivingvesselg. Arrivaldateestimateh. Landingdateestimate

    Detailsoffisheryresourcestranshipped

    i. Speciestranshipped1. Descriptionoffish,byproducttype(e.g.,whole,frozenfish)2. Numberofcartonsandnetweight(kg)ofproduct,byspecies3.Totalnet

    weightofproducttranshipped(kg)

    j. Fishinggearused3

    Verification(ifapplicable)

    k. Nameofobserverl. Authority

    2InternationalStandardClassificationofFishingGears(ISSCFG).Thisinformationonlyneedstobeprovidedbytheunloadingvessel.3InternationalStandardClassificationofFishingGears(ISSCFG).Thisinformationonlyneedstobe

    providedbytheunloadingvessel.

  • ANNEX 4 INDIAN OCEAN TUNA COMMISSION (IOTC)

    The IOTC Area of Competence is the Western Indian Ocean and the Eastern Indian Ocean (http://www.iotc.org/about-iotc/competence)

    Reference: IOTC Conservation and Management Measures (http://www.iotc.org/cmms)

    Transshipment Regulations

    Pre-Transshipment (Receiving Vessel)

    Before starting transshipment, the Master of the receiving vessel shall confirm that the Largescale Tuna Longline Fishing Vessel (LSTLV) is participating in the IOTC program to monitor transshipment at sea and has obtained the prior authorization from their flag State. The Master of the receiving vessel shall not start transshipment operation without such confirmation.

    Post-Transshipment

    The Master of the receiving vessel shall complete and transmit the post- IOTC Transshipment Declaration (TD) to the Administration, the IOTC Secretariat, and the flag of the LSTLV, along with its number in the IOTC Record of Carrier Vessels authorized to receive transshipment in the IOTC area of competence, within 24 hours of the completion of the transshipment. The TD is attached at the end of this Annex in Annex A.

    Pre-Landing

    The Master of the receiving carrier vessel shall, 48 hours before landing, transmit an IOTC TD, along with its number in the IOTC Record of Carrier Vessels authorized to receive transshipment in the IOTC area of competence, to the competent authorities of the State where the landing takes place. The TD may be sent by fax or email.

    In-Port Transshipment (Receiving vessel)

    Not later than 24 hours before the beginning and at the end of the transshipment, the master of the receiving carrier vessel shall inform the port State authorities of the quantities of tuna and tuna-like species and sharks transshipped to his vessel, and complete and transmit the IOTC TD to the competent authorities within 24 hours.

    Regional Observer Program

    Owners, Operators or Masters are required to notify the Administration at least one (1) month before a planned transshipment in the IOTC Convention Area to request an observer in order to meet the following requirements:

  • Each CPC shall require receiving vessels included in the IOTC Record of Carrier Vessels authorized to receive transshipments in the IOTC area of competence and which transship at sea, to carry an IOTC observer during each transshipment operation in the IOTC area of competence. The IOTC Executive Secretary shall appoint the observers and shall place them on board the receiving vessels authorized to receive transshipments in the IOTC area of competence from LSTLVs flying the flag of Contracting Parties and of Cooperating Non-Contracting Parties (collectively CPCs) that implement the IOTC observer program.

    The costs of implementing this program shall be financed by the flag CPCs of LSTLVs wishing to engage in transshipment operations.

    1) The observer tasks shall be to monitor the vessels compliance with the relevantconservation and management measures adopted by the Commission. In particular, theobservers shall:

    a. record and report upon the transshipment activities carried out;b. verify the position of the vessel when engaged in transshipping;c. observe and estimate products transshipped;d. verify and record the name of the LSTLV concerned and its IOTC number;e. verify the data contained in the transshipment declaration;f. certify the data contained in the transshipment declaration;g. countersign the transshipment declaration;h. issue a daily report of the carrier vessels transshipping activities;i. establish general reports compiling the information collected in accordance with

    this paragraph and provide the captain the opportunity to include therein anyrelevant information;

    j. submit to the IOTC Secretariat the aforementioned general report within 20 daysfrom the end of the period of observation;

    k. exercise any other functions as defined by the Commission.

    2) The responsibilities regarding observers of the receiving vessels and their Masters shallinclude:

    a. Observers shall be allowed access to the vessel personnel and to the gear andequipment;

    b. Upon request, observers shall also be allowed access to the following equipment:

    i. Satellite navigation equipment;ii. Radar display viewing screens when in use;iii. Electronic means of communication.

    c. Observers shall be provided accommodation, including lodging, food and adequatesanitary facilities, equal to those of officers;

  • d. Observers shall be provided with adequate space on the bridge or pilot house forclerical work, as well as space on deck adequate for carrying out observer duties;and

    e. The flag States shall ensure that captains, crew and vessel owners do not obstruct,intimidate, interfere with, influence, bribe or attempt to bribe an observer in theperformance of his/her duties.

    3) Other obligations for transshipment vessels:

    a. Observers shall be allowed access to the vessel personnel, the gear and equipment;b. Upon request, observers shall also be allowed access to the following equipment:

    Satellite navigation equipment; Radar display viewing screens when in use;Electronic means of communication.

    c. Observers shall be provided accommodation, including lodging, food and adequatesanitary facilities, equal to those of officers;

    d. Observers shall be provided with adequate space on the bridge, as well as space ondeck adequate for carrying out observer duties; and

    e. Masters, crew and vessel owners shall not obstruct, intimidate, interfere with,influence, bribe or attempt to bribe an observer in the performance of his/herduties.

    Boarding and Inspection

    This measure is under review by the IOTC and is not yet implemented.

    Monthly Reporting to the Administration

    On the first day of every month, Operators or Masters of receiving vessels shall report to the Administration (via email to [email protected]) the quantities of tuna and tuna-like species and sharks transshipped to their vessel in the previous month, using the attached form in Annex B.

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  • ANNEX 5 INTERNATIONAL COMMISSION FOR THE CONSERVATION OF ATLANTIC TUNAS (ICCAT)

    The ICCAT Convention applies to all waters of the Atlantic Ocean, including the adjacent Seas. (https://www.iccat.int/en/convarea.htm)

    Reference: Recommendation by ICCAT establishing a programme for transshipment (https://www.iccat.int/Documents/Recs/compendiopdf-e/2006-11-e.pdf) Transshipment Regulations At Sea

    Post Transshipment (Receiving Vessel)

    The Master of the receiving vessel shall complete and transmit the ICCAT Transshipment Declaration (TD) to the Liberian Administration ([email protected]), the ICCAT Secretariat ([email protected]), and the flag State of the Large-scale Tuna Longline Fishing Vessel (LSTLV), along with its number in the ICCAT Record of Carrier Vessels authorized to receive transshipment in the ICCAT area, within 24 hours of the completion of the transshipment. The TD is attached at the end of this Annex.

    Pre-Landing

    The Master of the receiving vessel shall, 48 hours before landing, transmit an ICCAT TD, along with its number in the ICCAT Record of Vessels authorized to receive transshipment in the ICCAT area, to the competent authorities of the State where the landing is to take place.

    In Port

    Pre-Transshipment

    Not later than 24 hours before the beginning of the operation, the Master of the receiving vessel shall inform the Port State authorities of the quantities of catches of tuna and tuna-like species to be transshipped to his vessel, and complete and transmit the ICCAT TD to the competent authorities (i.e., Administration, the Secretariat, and the flag State of the LSPLV).

    Post Transshipment

    Not later than 24 hours from the completion of the transshipment, the Master of the receiving vessel shall inform the Port State authorities of the quantities of catches of tuna and tuna-like species transshipped to his vessel, and complete and transmit the ICCAT TD to the competent authorities (i.e., Administration, the Secretariat, and the flag State of the LSPLV).

  • Pre-Landing

    The Master of the receiving vessel shall, at least 48 hours before landing, complete and transmit an ICCAT TD to the competent authorities of the landing State where the landing takes place, with a copy to the Administration.

    Regional Observer Program (ROP)

    Vessels included in the ICCAT Record of Vessels authorized to receive transshipments in the ICCAT area and which transship at sea, are to carry an ICCAT Observer during each transshipment operation in the Convention area. The Secretariat appoints the observers and places them on board the carrier vessels authorized to receive transshipments in the ICCAT area from LSPLVs flying the flag of the Contracting Party that implement the ICCAT observer program. The cost of implementing the observer program is financed by the flag Contracting Party of LSPLVs wishing to engage in transshipment operations.

    In order for receiving vessels to receive transshipments of ICCAT species at sea, the following conditions must be met:

    a. The receiving vessel must be authorized by its flag State to operate in the Atlantic and beincluded in the ICCAT Record of Carrier Vessels;

    b. Receiving vessels must have an observer from the ICCAT ROP on board when receivingat-sea transshipments;

    c. Receiving vessels Masters/Operators must sign a Memorandum of Understanding (MOU)with MRAG & COFREPECHE (the consortium); and

    d. Pass a pre-sea inspection by the observer before embarkation.

    Owners, Operators or Masters are required to notify the Administration at least one (1) month before a planned transshipment. The Administration will then complete the ICCAT Request Form; including details of the receiving vessel and its operators, where and when the observer will embark, where and when the observer will disembark, what longline vessels will transship and approximate dates and location, etc.

    1) Obligations of the Observer

    The observer shall monitor the LSPLVs and carrier vessels adherence to the relevant conservation and management measures adopted by the Commission. The observers tasks shall be, in particular, to visit the LSPLV intending to transship to a carrier vessel, taking into account safety concerns, and before the transshipment takes place, to:

    a. Check the validity of the fishing vessels authorization or license to fish for tuna and tuna-like species and any other species caught in association with those species in theConvention area;

    b. Inspect the fishing vessels prior authorizations to transship at sea from the flag CPCand, if appropriate, the coastal State;

    c. Check and record the total quantity of catch on board by species and, if possible, by

  • stock, and the quantities to be transshipped to the carrier vessel; d. Check that the VMS is functioning and examine the logbook and verify entries, if

    possible;e. Verify whether any of the catch on board resulted from transfers from other vessels, and

    check the documentation on such transfers;f. In the case of indication that there are any violations involving the fishing vessel,

    immediately report the violation(s) to the master of the carrier vessel (taking due regard ofany safety considerations) and to the observer program implementing company, who shallpromptly forward it to the flag CPC authorities of the fishing vessel; and

    g. Record the results of these duties on the fishing vessel in the observers report.

    2) Responsibilities of the Masters of Carrier Vessels

    a. Observers shall be allowed access to the vessel personnel, pertinent documentation, and tothe gear and equipment;

    b. Upon request, observers shall also be allowed access to the following equipment, if presenton the vessels to which they are assigned, in order to facilitate the carrying out of theirduties set forth in paragraph 6:

    i. satellite navigation equipment;ii. radar display viewing screens when in use;iii. electronic means of communication; andiv. scale used for weighing transshipped product;

    c. Observers shall be provided accommodations, including lodging, food and adequatesanitary facilities, equal to those of officers;

    d. Observers shall be provided with adequate space on the bridge or pilot house forclerical work, as well as space on deck adequate for carrying out observer duties;

    e. Observers shall be allowed to determine the most advantageous location and method forviewing transshipment operations and estimating species/stocks and quantitiestransshipped. In this regard, the Master of the carrier vessel, giving due regard to safetyand practical concerns, shall accommodate the needs of the observer in this regard,including, upon request, temporarily placing product on the carrier vessel deck forinspection by the observer and providing adequate time for the observer to carry out his/herduties. Observations shall be conducted in a manner that minimizes interference and avoidscompromising the quality of the products transshipped.

    f. The Master of the carrier vessel shall ensure that all necessary assistance is provided to theobserver to ensure safe transport between the carrier and fishing vessels should weatherand other conditions permit such an exchange; and

    g. Ensure that Masters, crew and vessel owners do not obstruct, intimidate, interfere with,influence, bribe or attempt to bribe an observer in the performance of his/her duties.

  • Port Inspection

    Vessels must allow inspections to be carried out by a competent authority of the port State.

    Each year, port States shall inspect at least 5% of landing and transshipment operations in their designated ports as are made by foreign fishing vessels. Inspections shall involve the monitoring of the landing or transshipment and include a cross-check between the quantities by species. Inspections shall be carried out in such a way that the fishing vessel suffers the minimum interference and inconvenience, and that degradation of the quality of the catch is avoided, to the extent practicable.

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  • ANNEX 6 Inter-American Tropical Tuna Commission (IATTC)

    The IATTC convention area includes the waters of the Eastern Pacific Ocean east of 150 W longitude.

    Reference: IATTC RESOLUTION C-12-07 Amendment to resolution c-11-09 on establishing a program for

    transshipments by large-scale fishing vessels (https://www.iattc.org/PDFFiles2/Resolutions/C-12-07-Amendment-C-11-09

    Transshipments.pdf)

    Transshipment Regulations At Sea

    Post Transshipment

    The Master of the receiving carrier vessel shall complete and transmit the IATTC Transshipment Declaration (TD) to the Administration ([email protected]), the IATTC Director ([email protected] / [email protected]) and the flag Member and Cooperating Non-Member of the Commission (collectively CPC) of the large-scale tuna longline fishing vessels (LSTLFV), along with its number in the IATTC Record of Carrier Vessels, within 24 hours of the completion of the transshipment. The TD is attached to this Annex.

    Pre-Landing

    The Master of the receiving carrier vessel shall, 48 hours before landing, transmit an IATTC TD along with its number in the IATTC Record of Carrier Vessels, to the competent authorities of the CPC where the landing takes place.

    In Port

    Pre-Transshipment

    Not later than 24 hours before the beginning of the operation, the Master of the receiving carrier vessel shall inform the Port State authorities of the quantities of catches of tuna and tuna-like species transshipped to his vessel, and complete and transmit the TD to the competent authorities.

    Post-Transshipment

    Not later than 24 hours at the end of the operation, the Master of the receiving carrier vessel shall inform the Port State authorities of the quantities of catches of tuna and tuna-like species transshipped to the carrier vessel, and complete and transmit the TD to the competent authorities.

    Pre-Landing

    The Master of the receiving carrier vessel shall, at least 48 hours before landing, complete and transmit a TD to the competent authorities of the landing State where the landing takes place.

  • Regional Observer Program

    Carrier vessels included in the IATTC Record of Vessels which transship at sea are required to carry an IATTC observer during each transshipment operation in the Convention Area.

    Vessels must contact the Administration at least one (1) month prior to transshipping in the IATTC convention area to allow time to obtain an observer.

    On the carrier vessel, the observer shall:

    i. record and report upon the transshipment activities carried out;ii. verify the position of the vessel when engaged in transshipping;iii. observe and estimate products transshipped;iv. verify and record the name of the LSTLFV concerned and its registration number;v. verify the data contained in the transshipment declaration;vi. certify the data contained in the transshipment declaration; andvii. countersign the transshipment declaration.

    Obligations of the Carrier Vessels

    The responsibilities regarding observers of the carrier vessels and their Masters shall include the following, notably:

    a. Observers shall be allowed access to the vessel personnel and to the gear and equipment;b. Upon request, observers shall also be allowed access to the following equipment, if present

    on the vessels to which they are assigned, in order to facilitate the carrying out of theirduties:

    i. satellite navigation equipment;ii. radar display viewing screens when in use; andiii. electronic means of communication.

    c. Observers shall be provided accommodations, including lodging, food and adequatesanitary facilities, equal to those of officers;

    d. Observers shall be provided with adequate space on the bridge or pilot house for clericalwork, as well as space on deck adequate for carrying out observer duties; and

    e. The flag CPCs shall ensure that Masters, crew and vessel owners do not obstruct,intimidate, interfere with, influence, bribe or attempt to bribe an observer in theperformance of his/her duties.

    Boarding and Inspection The IATTC has not yet implemented this measure.

    * * * * * Top

  • OMB ################### Expires__________________

    FOR OFFICE USE ONLY FORM UNIQUE IDENTIFIER: LOCATION DESCRIPTOR: [High Seas, EEZ, etc.]

    PACIFIC TRANSSHIPMENT DECLARATION FORM

    Complete information on both front and back of the form.

    LOCATION OF TRANSSHIPMENT: DATE(S) OF TRANSSHIPMENT: (If at port, enter the PORT NAME; if at sea, give latitude and longitude of position in decimal form, to 0.1 degrees) (MM/DD/YYYY) (MM/DD/YYYY)

    Section 1: OFFLOADING VESSEL Section 2: RECEIVING VESSEL Section 3: OBSERVER (for transshipments at sea only) VESSEL NAME: OFFICIAL NUMBER: NAME OF VESSEL OPERATOR:

    VESSEL NAME: OFFICIAL NUMBER: NAME OF VESSEL OPERATOR: QUANTITY OF FISH PRODUCT ALREADY ON BOARD THE RECEIVING VESSEL PRIOR TO THIS TRANSSHIPMENT, BROKEN DOWN BY AREA OF CAPTURE: Amount: Unit of Measurement::________ RFMO Area: ___________________ Amount: Unit of Measurement::________ RFMO Area: ___________________ Amount: Unit of Measurement::________ RFMO Area: ___________________

    The information in this box is provided to verify the presence of the named observer and does not represent the observers concurrence with the information provided on this form. The observer may choose not to sign this form. OBSERVER NAME: SIGNATURE (IF ON BOARD): DATE (MM/DD/YYYY): WCPFC Authorized IATTC Authorized

    Section 4: CODES WEIGHT: WW: whole weight, GG: gilled & gutted, GX: gutted, headed & tailed, HG: headed & gutted, GT: gilled, gutted & tailed, GO: gutted only, not gilled, FL: filleted, LO: loins GEAR: PS: Purse seines, DL: Drifting longlines, PL: Poles and lines, HOVL: Hand operated vertical lines (non-squid), DN: Driftnets, TL: Trolling lines, HP: Harpoons, MVL: Mechanized vertical lines (non-squid), OT: Other type(s) of gear

    Section 4: SPECIES FR FRESH FZ - FROZEN DR - DRIED

    FORM OF PRODUCT (insert weight codes as shown above)

    QUANTITY TRANSSHIPED FISHING GEAR USED TO TAKE THE FISH (insert gear code as shown above)

    GEOGRAPHIC LOCATION OF FISH CATCHES

    NUMBER OF FISH (if longline-caught)

    ESTIMATED WEIGHT AND UNIT OF MEASUREMENT

    I - Inside WCPFC Area O - Outside WCPFC Area, (if O, specify if in the IATTC Area)

    Circle One: EEZ (Country of Capture) or HS (High Seas)

    If you indicate EEZ, write in the country of capture

    Bigeye tuna EEZ or HS

    Yellowfin tuna EEZ or HS

    Albacore EEZ or HS

    Skipjack tuna EEZ or HS

    Swordfish EEZ or HS

    Blue marlin EEZ or HS

    Striped marlin EEZ or HS

    Sailfish EEZ or HS

    Spearfish EEZ or HS

    Sharks EEZ or HS

  • Complete information on both front and back of form.

    Section 4: CODES WEIGHT: WW: whole weight, GG: gilled & gutted, GX: gutted, headed & tailed, HG: headed & gutted, GT: gilled, gutted & tailed, GO: gutted only, not gilled, FL: filleted, LO: loins GEAR: PS: Purse seines, DL: Drifting longlines, PL: Poles and lines, HOVL: Hand operated vertical lines (non-squid), DN: Driftnets, TL: Trolling lines, HP: Harpoons, MVL: Mechanized vertical lines (non-squid), OT: Other type(s) of gear

    Section 4: SPECIES FR FRESH FZ - FROZEN DR - DRIED

    FORM OF PRODUCT (insert weight codes as shown above)

    QUANTITY TRANSSHIPPED

    FISHING GEAR USED TO TAKE THE FISH (insert gear code as shown above)

    GEOGRAPHIC LOCATION OF FISH CATCHES

    NUMBER OF FISH (if longline-caught)

    ESTIMATED WEIGHT AND UNIT OF MEASUREMENT

    I - Inside WCPFC Area O - Outside WCPFC Area (if O, specify if in the IATTC Area)

    Circle One: EEZ (Country of Capture) or HS (High Seas)

    If you indicate EEZ, write in the country of capture

    Pacific bluefin tuna EEZ or HS

    EEZ or HS

    EEZ or HS

    EEZ or HS

    Section 5: U.S. VESSELS WITH RECEIVING VESSEL PERMITS TRANSSHIPPING LONGLINE-CAUGHT FISH Section 6: U.S. SPTT-LICENSED PURSE SEINE VESSEL INFORMATION BROKER OR SHIPPING AGENT AND CONTACT INFORMATION: PORT OF LANDING:

    TRIP NO.: TRIP START DATE: DESTINATION OF FISH: TO BE PROCESSED AT:

    Section 7: FOR TRANSSHIPMENTS IN THE IATTC CONVENTION AREA DEPARTURE DATE (MM/DD/YYYY/HOUR): LOCATION OF DEPARTURE (PORT NAME): TRANSSHIPMENT START DATE (MM/DD/YYYY/HOUR): RETURN DATE (MM/DD/YYYY/HOUR): LOCATION OF RETURN (PORT NAME): TRANSSHIPMENT END DATE (MM/DD/YYYY/HOUR): AGENTS NAME: FLAG AND RADIO CALL SIGN OF OFFLOADING VESSEL: FLAG AND RADIO CALL SIGN OF RECEIVING VESSEL: I certify that the above information is complete and accurate to the best of my knowledge. OWNER or OPERATOR NAME: Indicate if owner or operator of: Offloading vessel Receiving vessel SIGNATURE: DATE:

  • 1

    Instructions for Pacific Transshipment Declaration Form: The owner and operator of any U.S. vessel (operator means the master or other individual aboard and in charge of the vessel) used for the following: each transshipment of highly migratory species (HMS) in the Western and Central Pacific Fisheries Convention Area (WCPFC Area), each transshipment of HMS captured in the WCPFC Area and transshipped elsewhere, and transshipments subject to the regulations implementing decisions of the Inter-American Tropical Tuna Commission (IATTC) at 50 CFR Part 300 Subpart C, must ensure the completion and submission of this form. The form must be completed and signed within 24 hours of the completion of the transshipment. Completed forms must be submitted separately by both the offloading vessel and the receiving vessel for each transshipment. Addresses and Due Dates: For purse seine vessels holding a license issued under 50 CFR 300.32 for South Pacific Tuna Fisheries, the original form must be submitted to the NMFS American Samoa Field Office, P.O. Box 4150, Pago Pago, AS 96799 or NMFS American Samoa Field Office, Pago Plaza, Suite 201, Pago Pago, AS 96799 for courier service delivery, within 14 days of completion of the transshipment. For vessels permitted under the requirements of 50 CFR 660.707 (generally, albacore troll vessels), the original form must be submitted to the NMFS Fisheries Resources Division in La Jolla, California within 30 days of the transshipment. Please contact the Fisheries Resources Division at (858) 546-7192 or (858) 546-7000 for the address for submitting the form. For vessels subject to the receiving vessel requirements of 50 CFR 665.14(c) and 50 CFR 801(e) for receiving fish caught with longline gear, the original form must be submitted to the NMFS Pacific Islands Fisheries Science Center, 2570 Dole Street, Honolulu, HI 96822 within 72 hours of landing. For offloading vessels subject only to the requirements at 50 CFR Part 300 Subpart C (i.e., for transshipments including fish caught and transshipped only in the IATTC Area), please contact the NMFS Fisheries Resources Division in La Jolla, California at (858) 546-7192 or (858) 546-7000 to find out the due dates and address for submitting the form. Operators of all other vessels must submit the original form to the NMFS Pacific Islands Fisheries Science Center, 2570 Dole Street, Honolulu, HI 96822 within 72 hours after entering port for transshipments at sea and within 72 hours of completion of the transshipment for transshipments in port. Special Instructions for High Seas and Emergency Transshipments: For transshipments on the high seas or emergency transshipments that would otherwise be prohibited, a copy of the form with or without signatures must be submitted by fax or email to the NMFS Pacific Islands Regional office (fax: (808) 973-2941; email: [email protected]) no later than 10 calendar days after completion of the transshipment. The original form with signatures must be submitted no later than 15 calendar days after first entering port or 15 calendar days after completion of the transshipment for emergency transshipments in port to the address where the forms would normally be submitted for a particular vessel (e.g., for a purse seine vessel, the original form would be submitted to the NMFS American Samoa Field Office). Special Instructions for Sections 5, 6, and 7: Section 5 is only to be completed by operators of vessels subject to the receiving vessel permit requirements under 50 CFR 665.801(e). Section 6 is only to be completed by operators of purse seine vessels holding a license issued under 50 CFR 300.32 for South Pacific Tuna Fisheries. Section 7 is only to be completed for transshipments subject to the regulations implementing decisions of the IATTC at 50 CFR Part 300 Subpart C.

  • 2

    Specific instructions: Location of Transshipment: Enter the port name where the transshipment took place, including the name of the country for ports outside the United States, or enter the latitude and longitude in decimal form, to the nearest 0.1 degrees, at the start of the transshipment, if the transshipment took place at sea. Date(s) of Transshipment: Enter the beginning and ending dates for the transshipment as MM/DD/YYYY to MM/DD/YYYY. Section 1: Offloading Vessel Enter the current name of the offloading vessel. Enter the offloading vessels official number, which is the documentation number assigned by the U.S. Coast Guard (USCG) or the certificate number issued by a state or the USCG for an undocumented vessel, or any equivalent number if the vessel is registered in a foreign nation. Enter the full name of the offloading vessel operator. Operator means the master or other individual aboard and in charge of the vessel. Section 2: Receiving Vessel Enter the current name of the receiving vessel. Enter the receiving vessels official number, which is the documentation number assigned by the USCG or the certificate number issued by a state or the USCG for an undocumented vessel, or any equivalent number if the vessel is registered in a foreign nation. Enter the full name of the receiving vessel operator. Operator means the master or other individual aboard and in charge of the vessel. If you are subject to the regulations at 50 CFR 300.218(b) (i.e., your transshipment takes place in the WCPFC Area or involves fish caught in the WCPFC Area), enter the estimated quantity of fish product on board the receiving vessel prior to this transshipment, broken down by the area of capture of the product. Enter the unit of measurement for the amount (pounds (lb) or metric tons (mt)). Indicate the amount originating from each tuna Regional Fisheries Management Organization (RFMO) area. WCPFC denotes Western and Central Pacific Fisheries Commission, IATTC denotes Inter-American Tropical Tuna Commission, IOTC denotes Indian Ocean Tuna Commission, ICCAT denotes International Commission for the Conservation for Atlantic Tunas, and CCSBT denotes the Commission for the Conservation of Southern Bluefin Tuna. If any product originated from an area of overlap as indicated on Figure 1 below, indicate the quantity and write in both areas in the same row. If any product originated from an area outside the jurisdiction of a tuna RFMO, please write in None after RFMO Area.

  • Figure 1. Map of Tuna RFMOs

    3

    Section 3: Observer (for transshipments at sea only) If there are one or more observers on board the offloading and/or receiving vessel, the name of at least one of the observer(s) must be included in this section for transshipments at sea. Please place an O or an R next to each observer name to indicate whether the observer was on board the offloading vessel or the receiving vessel. The operator of the vessel must request the observer to sign and date the form if the observer is on board the vessel. If the observer does not wish to sign the form please write signature declined after SIGNATURE (IF ON BOARD). If the observer is on board the other vessel, the request for signature is not required. Please check the appropriate box or boxes to indicate whether the observer is authorized by the WCPFC and/or the IATTC. Section 4: Species If a given species was caught in multiple national jurisdictions or in both national jurisdictions and on the high seas, a separate entry, using a separate row, must be made in each instance. If a given species was in more than one condition (e.g., both fresh and frozen) or in more than one product form (e.g., some whole and some gutted and gilled), a separate entry must be made in each instance. If a given species was caught by different gear types, a separate entry must be made for each gear type. For each entry, identify the processed state of the fish (FR for fresh, FZ for frozen, or DR for dried), the processed state of the product using the weight codes identified on the form, and the estimated weight of the product transshipped and the unit of measurement (pounds (lb), metric tons (mt), or kilograms (kg)). Operators completing Section 7 of the form must use kg as the unit of measurement. For longline-caught fish, also enter the number of fish transshipped. For each species transshipped, enter the fishing gear used to take the fish using the gear codes identified on the form. If the fishing gear is not included in the list, enter the code for Other type(s) of gear (OT) and specify the fishing gear. For each entry, enter the code to identify the area in which the product was caught: Indicate I for fish caught inside the WCPFC Area or O for fish caught outside the WCPFC Area. If O, specify if caught in the IATTC Area by writing IATTC. Circle EEZ if the product was caught in waters under national jurisdiction (of any nation). Circle HS if the product was caught on the high seas (in international waters). If EEZ is circled, specify the name of the country in whose waters the fish were captured.

  • 4

    If a particular species is not included on the form, write in the name of the species in one of the empty rows at the bottom of the list. Additional forms may be used to accommodate additional species and multiple entries of the same species. Section 5: Vessels with Receiving Vessel Permits Transshipping Longline-Caught Fish Only operators of vessels subject to the receiving vessel permit transshipment reporting requirements under 50 CFR 665.801(e) must complete this section: Enter the broker or shipping agent for the receiving vessel and contact information (name, mailing address, and telephone number or email address). Enter the intended port of landing. Section 6: SPTT-Licensed Purse Seine Vessel Information Only operators of vessels issued licenses under 50 CFR 300.32 must complete this section: Enter the trip number. Enter the trip start date in DD/MM/YYYY format. Enter the intended port of destination of the transshipped fish. Enter the location where the fish will be processed. Section 7: For Transshipments in the IATTC Convention Area This section should be completed for transshipments that are subject to the regulations at 50 CFR Part 300 Subpart C: Enter the trip start date and time in MM/DD/YYYY/HOUR format. Enter the location of the departure (port name). Enter the intended trip end date and time in MM/DD/YYYY/HOUR format (provide the best possible estimate for the hour). Enter the location of the return (port name). Enter the dates the transshipment takes place (start date and end date) in MM/DD/YYYY/HOUR format. Enter the name of the agent (i.e., the broker or shipping agent). Enter the flag and radio call sign of the offloading vessel. Enter the flag and radio call sign of the receiving vessel. Section 8: Signature The owner or operator of the vessel must print his or her name, sign it, and give the date of signature. Check one box to indicate whether you are the owner or operator of the OFFLOADING vessel or the owner or operator of the RECEIVING vessel. Public reporting burden for this collection of information is estimated to average 60 minutes per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding this burden estimate or any other suggestions for reducing this burden to Michael D. Tosatto, Regional Administrator, NMFS Pacific Islands Regional Office, 1601 Kapiolani Blvd., Suite 1110, Honolulu, HI 96814. Information submitted to NMFS will be managed as confidential data consistent with the requirements of NOAA Administrative Order 216-100, Section 506(d) of the WCPFC Implementation Act, and regulations under 50 CFR Part 300. This information might be disclosed to the WCPFC, either through your direct submission or through subsequent disclosure by NMFS. Information submitted or disclosed to the WCPFC will be subject to the procedures, policies, and practices adopted by the WCPFC, but NOAA and NMFS cannot provide any assurance of confidentiality. Notwithstanding any other provisions of the law, no person is required to respond to, nor shall any person be subjected to a penalty for failure to comply with, a collection of information subject to the requirements of the Paperwork Reduction Act, unless that collection of information displays a currently valid OMB Control Number.

    Pacific_Transshipment_Declaration_Form_9 February 2012.pdf

    NMFS Pacific Transshipment Declaration Form Instructions 9 February 2012.pdf

  • ICCAT ROP-BFT 2015: MoU between Observer Suppliers & Bluefin Tuna Purse Seine Vessel, Farm & Trap Operators

    1

    ROP-BFT 2015

    MEMORANDUM OF UNDERSTANDING

    BETWEEN

    MRAG & COFREPECHE

    &

    INSERT NAME (BLUEFIN TUNA VESSEL/FARM/TRAP OPERATOR) Insofar as the Consortium of MRAG Ltd. and Cofrepche (the Supplier) has an agreement with the International Commission for the Conservation of Atlantic Tunas (ICCAT) (the Purchaser) for the implementation of the ICCAT Regional Observer Programme (the ROP-BFT) in accordance with ICCAT Recommendation 14-04 which requires independent Observers to observe and monitor farm, trap and fishing operations. And Insert name (the Operator) with vessels, farms or traps in the East Atlantic and Mediterranean that will participate in the ROP-BFT and have been entered into the ICCAT Record of authorized bluefin tuna catching vessels, the ICCAT Record of authorised tuna farms or the ICCAT Record of authorised tuna traps. The Supplier and the Operator in order to promote the objectives of the ROP-BFT, and ensure observance of the provisions of ICCAT, have reached the following terms under this Memorandum of Understanding:

    Section 1

    General Terms & Conditions

    1. The Operator wishing to receive one or more Observers will take appropriate measures within its competence to ensure to the extent possible that any Observer designated by ICCAT will be provided access to all vessel facilities and/or to tuna farm/trap facilities, support vessels and personnel designated by Contracting Parties and Cooperating non-Contracting Parties, Entities or Fishing Entities (CPCs) to observe, monitor and report on compliance with the relevant conservation and management measures adopted by the Commission as set out in the Recommendation by ICCAT Amending the Recommendation By ICCAT to Establish A Multiannual Recovery Plan For Bluefin Tuna in the Eastern Atlantic and Mediterranean (Rec 14-04, Annex 6) (The Recommendation attached herein as Appendix 1).

    2. For the implementation of the ROP-BFT, the Operator shall accept deployment of

    Observers without regard to; inter alia, Observer race, gender, age, religion, or sexual orientation. The Operator shall also ensure the seaworthiness and safety of all vessels; and all farm and trap and factory facilities consistent with all applicable national and international safety regulations (Torremolinos Convention, 1977, Appendix 5) and the ICCAT guidelines on safety.

  • ICCAT ROP-BFT 2015: MoU between Observer Suppliers & Bluefin Tuna Purse Seine Vessel, Farm & Trap Operators

    2

    Section 2

    Suppliers Conditions for Providing ICCAT Observers for Deployment

    3. The Supplier shall provide an ICCAT Observer in response to a request received from the ICCAT Secretariat in accordance with procedures agreed with the Purchaser.

    4. The minimum duration of a single Observer deployment on a farm or trap shall be 5

    days.

    5. The maximum duration of a single observer deployment on a farm and/or trap shall not exceed 90 days, (irrespective of the number of deployment extension requests) without prior written agreement between the Supplier, the Operator and the Purchaser.

    6. The Operator shall take such steps as are necessary, including but not limited to the instruction of its personnel on the vessel, farm and/or trap (including support vessels), to assist in the prompt, efficient and safe deployment to and recovery from vessels, farms and/or traps of the ICCAT Observer and ensure safe working conditions whilst the ICCAT Observer is working on the vessel, farm and/or trap and factory facilities.

    7. The Supplier may need to recover an Observer from a vessel, farm and/or trap at any

    time during the deployment period. Replacement of an Observer prior to the completion of an agreed deployment may become necessary, for example in the following circumstances (this list is provided for guidance only and is not exhaustive):

    i. If the deployment period exceeds 90 days; ii. The Observer is injured or becomes ill to the extent they are prevented from

    performing their duties effectively; iii. The Observer is involved in an incident which requires urgent medical

    attention unavailable locally; iv. As a result of an unforeseen family emergency involving the Observer (e.g.

    death or serious illness of a member of the Observers immediate family: parents, siblings or children);

    v. If the provisions of Section 3 are violated.

    8. In such circumstances the Operator shall instruct its personnel to take such steps as necessary for the prompt, efficient and safe recovery of the Observer including cooperation with the Supplier, and, where necessary, the immediate and direct transit of the vessel to the nearest port with appropriate medical facilities and/or transport links as agreed with the Supplier. The Supplier shall provide a replacement ICCAT Observer in order to allow vessel, farm and/or trap operations requiring the presence of an ICCAT observer to proceed.

    9. The Supplier shall not be responsible for any loss of business or other costs to the Operator arising from the early recovery and/or non-availability of the Observer to perform his or her duties under the ROP-BFT for whatever reason. It is the Operators responsibility to carry adequate and appropriate insurance to cover such potential losses.

  • ICCAT ROP-BFT 2015: MoU between Observer Suppliers & Bluefin Tuna Purse Seine Vessel, Farm & Trap Operators

    3

    10. In the event that the Operator breaches the guidelines of the ROP-BFT as laid out in the Obligations of the Flag States of purse seine vessels; and Farm and Trap States; (Appendix 1: ICCAT Recommendation 14-04; Annex 6; article 11), the Supplier shall require the immediate recovery of the ICCAT Observer. In such circumstances the Operator shall instruct its personnel to take such steps as necessary for the prompt, efficient and safe recovery of the Observer concerned, including cooperation with the Supplier, and the immediate and direct transit of the vessel to the nearest port with appropriate transport links (to be agreed with the Supplier).

    11. In such a situation, a full report will be submitted by the Supplier to the Purchaser

    and Operator. The Supplier shall only provide a replacement Observer when the issue(s) surrounding the event has been resolved to the satisfaction of the Supplier and the Purchaser. The provisions of Section 2 paragraph 7 shall also apply.

    12. All vessels on which Observers are required to embark, including purse seine vessels and any vessels used to transport the Observer to and from purse seine vessels and/or to and from farms and/or traps at sea must be seaworthy and satisfy all applicable national and international safety regulations and the ICCAT guidelines on safety. To this end:

    i. All certificates related to seaworthiness must be made available to observers upon request in order to satisfy the Standards of Conduct and Behaviour of Suppliers as requested by ICCAT (Appendix 2; Point 4).

    ii. Observers shall conduct a Pre-sea Inspection (Appendix 4) and familiarisation tour of all vessels. The following shall be considered mandatory safety requirements for life saving appliances during the inspection (Appendix 5): a. Life rafts shall be of sufficient capacity for all personnel onboard and

    possess a valid certificate of maintenance; b. Life jackets shall be of sufficient number for all personnel onboard and be

    compliant with SOLAS1 standards; c. An Emergency Personal Indicator Response Beacon (EPIRB) or a Search

    and Rescue Transponder (SART) shall be present on the vessel and possess a valid certificate of maintenance.

    13. Should there be any major deficiency recorded in the safety standards onboard

    during the Pre-sea Inspection this shall be reported to the


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