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Paragraphs in "Federated States Of Micronesia Arrangement For Regional Fisheries Access" coded as SECF

Label Provision
Art.3 Article 3 Register of Eligible Fishing Vessels
Art.3.1 1. The Administrator shall, for the purposes of this Arrangement, maintain a Register of Eligible Fishing Vessels which shall contain the following information in respect of each vessel entered on the Register:
Art.3.1.a the name of the vessel;
Art.3.1.b international radio call sign;
Art.3.1.v country of registration;
Art.3.1.d regional registration number;
Art.3.1.e name and address of owner or owners;
Art.3.1.f name and address of operator (where different from the owner); and
Art.3.1.g the name of the home Party of the vessel.
Art.3.2 2. Where a Party to this Arrangement is satisfied that a fishing vessel of that Party satisfies the eligibility criteria, that Party may apply to enter such fishing vessel on the Register of Eligible Fishing Vessels. Applications for registration shall be made in the form set out in Annex 1.
Art.3.3 3. Upon receipt of a duly completed application the Administrator shall forthwith enter the vessel concerned on the Register of Eligible Fishing Vessels. The Administrator shall immediately notify the Parties, and the operator of the vessel, of the entry of a vessel onto the Register of Eligible Fishing Vessels and shall circulate the details of the vessel to all Parties.
Art.3.4 4. It shall be a condition of entry onto the Register of Eligible Fishing Vessels that for each day that an eligible fishing vessel is:
Art.3.4.a in the Arrangement Area; or
Art.3.4.b on the high seas, during the course of a fishing trip involving fishing in the Arrangement Area; and
Art.3.4.c immediately following the off-loading of any fish from an eligible fishing vessel,
Art.3.4.d an entry or entries shall be completed in ink in the English language on the catch report form as set out in Annex 11. Such forms shall be posted by registered airmail to the Administrator within fourteen days following the date of completion of the off-loading operation.
Art.3.5 5. The Administrator shall notify the Parties at three-monthly intervals of the name, call sign, registration number, home Party and Regional Register number of all fishing vessels of the Parties entered on the Register of Eligible Fishing Vessels.
Art.4 Article 4 Voluntary deletion
Art.4.1x Where for any reason the licence issued by the home Party in respect of a vessel is cancelled, withdrawn, voluntarily relinquished or not renewed, or where the home Party is satisfied that the vessel concerned has not satisfied or no longer satisfies the eligibility criteria, that Party, shall forthwith request the Administrator to delete the vessel from the Register of Eligible Fishing Vessels. The Administrator shall comply with any such request by the home Party and shall immediately notify the Parties of the deletion of the vessel from the Register of Eligible Fishing Vessels and the reason for the deletion.
Art.5 Article 5 Review and evaluation
Art.5.1 1. At least two months prior to the Annual Meeting of the Parties under Article 6, the Administrator shall, in respect of each registered vessel, or, as appropriate, the fishing enterprise under which such registered vessel operates, request, through the home Party of the vessel concerned, the information specified in paragraph 2 of this Article and shall compile a report on the operations of each vessel with respect to the eligibility criteria for consideration at the Annual Meeting of the Parties. The home Party of the vessel shall take such measures as may be necessary to ensure that the information specified in paragraph 2 of this Article is provided to the Administrator in a timely manner.
Art.5.2 2. In compiling a report to the Parties pursuant to paragraph 1 of this Article the Administrator shall request the following information:
Art.5.2.a details of equity holdings;
Art.5.2.b number of nationals trained;
Art.5.2.c number and proportion of nationals employed and the total payroll to national employees;
Art.5.2.d details of onshore investments; details of local purchases made; and
Art.5.2.e any further information as may be necessary.
Art.5.3 3. The Annual Meeting of the Parties shall consider the report of the Administrator in respect of each vessel, including any information supplied through the home Party by the operator of the vessel or the fishing enterprise pursuant to paragraphs 1 and 2 of this Article and shall review the operations of all vessels entered on the Register of Eligible Fishing Vessels and assess the extent to which the vessel, or the fishing enterprise, as has satisfied the eligibility criteria and fulfilled the objectives of this Arrangement.
Art.5.4 4. The Annual Meeting of the parties may request the Administrator, the home Party of the vessel, or the operator, to provide such further information as may be necessary and may request an independent evaluation of the operations of the vessel or the fishing enterprise under which that vessel operates against the eligibility criteria. In such a case, the Administrator shall consult with the home Party of the vessel as to the appropriate method for conducting the independent evaluation and the home Party shall take all necessary steps to facilitate the evaluation, including by providing all relevant information to the Administrator.
Art.5.5 5. Where, following the review and evaluation under paragraph 3 of this Article, and taking into account the findings of any independent review under paragraph 4 of this Article, the Parties determine, at the Annual Meeting or at a Special Meeting of the Parties, that the vessel, or the fishing enterprise under which that vessel operates, has not met the eligibility criteria and has not fulfilled the objectives of this Arrangement, or where insufficient information has been made available to enable any evaluation to take place, the Parties shall direct the Administrator to delete the vessel from the Register of Eligible Fishing Vessels.
Art.6 Article 6 Access to the Arrangement Area
Art.6.1 1. Before a fishing vessel of the Parties may be issued with a regional access licence pursuant to this Arrangement, the vessel must first be duly registered on the Register of Eligible Fishing Vessels.
Art.6.2 2. Where a fishing vessel of the Parties is duly registered in accordance with the provisions of Article 3, the operator may apply, through the home Party of the vessel, to the Administrator, in accordance with the procedures set out in Annex IV, for a regional access licence authorizing the vessel to fish in the Arrangement Area.
Art.6.3x It shall be a condition of any regional access licence issued pursuant to this Arrangement that the vessel in respect of which the regional access licence is issued is operated in accordance with the requirements of Annex V.
Art.6.4 4. A regional access licence may be denied by the Administrator on the grounds set out in Annex IV.
Art.6.5 5. Where a fishing vessel of the Parties is deleted from the Register of Eligible Fishing Vessels in accordance with the provisions of this Arrangement, any regional access licence issued in respect of that vessel shall, in the case of voluntary deletion from the register or non-renewal of registration, be cancelled thirty days following the deletion of the vessel from the Register of Eligible Fishing Vessels or upon the date of expiry of the licence, whichever is the sooner. In the case of deletion from the Register of Eligible Fishing Vessels for any other reason the regional access licence shall be cancelled immediately upon the deletion from the register.
Art.6.6 6. If full payment of any amount due as a result of a final judgment or other final determination deriving from an occurrence relating to this Arrangement in waters within the jurisdiction of a Party, is not made to that Party within sixty days, the regional recess licence for the vessel involved shall be suspended at the request of that Party and that vessel shall not be authorized to fish in the Arrangement Area until that amount is paid to that Party. For the purposes of this Article "final judgment" means a judgment to a court of a Party from which no appeal proceedings have been initiated within sixty days.
Art.6.7x The Administrator shall maintain a record of all regional access licences issued pursuant to this Arrangement, including the date of issue and expiry of such licences.
Art.6.8 8. The Administrator shall notify the Parties each month of the name, call sign, registration number, regional access licence number and expiry date of such licence of all purse seine vessels licensed to fish in the Arrangement Area under this Arrangement.
Part.3 PART III ADMINISTRATION
Art.7 Article 7 Administrator
Art.7.1 1. The Administrator of this Arrangement shall be the Director of the South Pacific Forum Fisheries Agency.
Art.7.2 2. The Administrator shall be responsible to the Parties for:
Art.7.2.a performing the functions required of the Administrator by this Arrangement;
Art.7.2.b receiving information, documents and payments in accordance with the terms of this Arrangement; convening meetings of the Parties;
Art.7.2.c coordinating the observer programme under this Arrangement; and
Art.7.2.d performing any other function in order to satisfy any requirement of this Arrangement.
Art.7.3 3. The Administrator's functions prescribed in this Arrangement shall be performed consistently with any direction given by the Parties at the Annual Meeting or at a Special Meeting of the Parties.
Art.7.4 4. In performing the Administrator's functions prescribed under this Arrangement, the Administrator shall consult with the Parties and shall take all necessary steps to ensure that all reports and other information required by the Parties are provided in a timely manner.
Art.8 Article 8 Meetings of the Parties
Art.8.1 1. The Parties agree to convene an Annual Meeting of the Parties. The Annual Meeting shall be convened immediately preceding or following the annual meeting of the Parties to the Nauru Agreement. The purposes of the Annual Meeting shall be:
Art.8.1.a to review the operations of all vessels entered on the Register of Eligible Fishing Vessels and assess the extent to which each vessel, or fishing enterprise, as appropriate, has satisfied the eligibility criteria and fulfilled the objectives of this Arrangement;
Art.8.1.b to review the eligibility criteria;
Art.8.1.c to adopt amendments to this Arrangement;
Art.8.1.d to review the level of fees for regional access licences to discuss cooperative enforcement measures;
Art.8.1.e to consider the effectiveness of the observer programme established pursuant to Article 17 and to adopt procedures for the implementation of the programme;
Art.8.1.f to consider and approve an administrative costs budget, which shall consist only of the direct costs of performing functions and providing services in accordance with this Arrangement;
Art.8.1.g to consider requests to accede to this Arrangement by member States of the Forum Fisheries Agency pursuant to Article 22(2); and
Art.8.1.h to perform any other functions to satisfy any requirement of this Arrangement or as are necessary to attain the objectives of this Arrangement.
Art.8.2 2. The Administrator shall, upon request by any Party, and with the approval of at least two other Parties, convene a Special Meeting of the Parties at the date and place determined by the Administrator in consultation with the Parties.
Art.8.3 3. Member countries of the South Pacific Forum Fisheries Agency, not Party to this Arrangement may attend, as observers, meetings of the Parties held pursuant to this Arrangement.
Art.8.4 4. The Parties shall adopt and amend, as necessary, rules of procedure for the Annual Meeting and Special Meetings of the Parties. Pending agreement on such rules of procedure, the rules of procedure applicable to meetings of the Forum Fisheries Committee shall apply.
Art.9 Article 9 Provision of information
Art.9.1 1. The Administrator shall provide all data received pursuant to this Arrangement to the Parties in a timely manner in accordance with this Arrangement, and in particular shall:
Art.9.1.a provide all data relating to fishing activities in waters under the jurisdiction of any Party to that Party;
Art.9.1.b provide all data relating to the fishing activities of an eligible fishing vessel to the home Party of that vessel; and
Art.9.1.c distribute such data, including high seas data, as may be agreed by the Parties.
Art.9.2 2. The Administrator shall maintain the confidentiality of all data which is received pursuant to this Arrangement, unless:
Art.9.2.a this Arrangement provides otherwise.
Art.9.2.b the Parties agree otherwise;
Art.9.2.v the Administrator is authorized by a Party to release data relating to fishing activities in waters under that Party's jurisdiction; or
Art.9.2.d the Administrator is authorized by the home Party of a vessel to release data relating to the fishing operations of that vessel.
Art.9.3 3. Each Party shall ensure that the confidentiality is maintained of any data received pursuant to this Arrangement concerning fishing activity in the exclusive economic or fisheries zone of any other Party.
Art.9.4 4. For the purposes of this Arrangement, each Party shall provide to the Administrator, as early as practicable, a description of any area considered by its Government to be subject to its fisheries jurisdiction.
Art.10 Article 10 Distribution of payments
Art.10.1 1. Any payment received by the Administrator pursuant to this Arrangement shall be deposited within one week of receipt in United States dollars in an insured or Government guaranteed bank account or accounts so that the deposits will earn the highest amount of interest reasonably available.
Art.10.2 2. The Administrator shall distribute any amount received pursuant to this Arrangement in the manner described in Annex VI.
Art.11 Article 11 Auditing of accounts
Art.11.1 1. The Administrator shall arrange for the auditor of the South Pacific Forum Fisheries Agency to audit any account in which amounts deposited in accordance with Article 10 are held, prior to the distribution of any amount in accordance with this Arrangement.
Art.11.2 2. The Administrator shall permit each Party to inspect any raw data, books and accounts which relate to the Administrator's functions pursuant to this Arrangement.
Part.4.2 PART IV COMPLIANCE AND ENFORCEMENT
Art.17 Article 17 Observer programme
Art.17.1 1. The Parties shall establish an observer programme for the purposes of implementing and achieving the objectives of this Arrangement and shall establish appropriate administrative measures for the effective implementation of such a programme in accordance with the following principles:
Art.17.1.a Each fishing, vessel of the Parties licensed under this Arrangement shall, upon request by the Administrator, accept one observer of a Party other than the home Party of the vessel, under the conditions set out in Part 7 of Annex V. If such an observer is not available, the fishing vessel shall have on board one observer from the home Party.
Art.17.1.b Observers shall he trained and certified in accordance with the procedures to be agreed under the programme. Each of the Parties shall be entitled to have its nationals included in the programme.
Art.17.1.c The programme shall have as its objective a significant level of coverage by observers of the total number of trips by fishing vessels of the Parties licensed pursuant to this Arrangement and, unless otherwise agreed at the outset of the trip, observer operations will be based in the placement of observers at ports of trip origin for complete trips.
Art.17.1.d The activities of observers shall include monitoring the level of compliance with the provisions of this Arrangement and reporting of their findings to the Administrator and the home Party of the vessel.
Art.17.1.e The Parties shall facilitate the placing of observers, including the provision of visas, if required.
Art.17.1.f The Administrator shall ensure that a reasonable period of notice of the placement of an observer is given, which should, wherever practicable, be at least fourteen days.
Art.17.1.g The Administrator shall ensure that all reports received from observers placed under the provisions of this Arrangement are circulated widely, in a timely manner, to all Parties which may he affected by or have an interest in the reports.
Art.17.2 2. The Administrator shall coordinate the observer programme.
Part.5 PART V SETTLEMENT OF DISPUTES