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Art.4 |
Article 4 Voluntary deletion |
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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Where for any reason the licence issued by the home Party in respect of a vessel is cancelled, withdrawn, voluntarily relinquished or not renewed, or where the home Party is satisfied that the vessel concerned has not satisfied or no longer satisfies the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. |
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Art.6 |
Article 6 Access to the Arrangement Area |
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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. |
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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. |
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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. |
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Art.6.4 |
4. A regional access licence may be denied by the Administrator on the grounds set out in Annex IV. |
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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. |
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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. |
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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. |
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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. |
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Part.3 |
PART III ADMINISTRATION |
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Art.12 |
Article 12 Compliance powers |
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Art.12.1 |
1. Each Party shall ensure, to the fullest extent possible in accordance with its laws and regulations, that its fishing vessels shall not engage in fishing within the exclusive economic or fisheries zone of any other Party unless duly licensed under this Arrangement or under other licensing arrangements. |
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Art.12.2 |
2. Nationals and fishing vessels of one Party which fail to comply with the provisions of this Arrangement or with the laws and regulations of any other Party relating to fisheries shall be dealt with in accordance with the relevant laws and regulations of that Party. |
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Art.13 |
Article 13 Cooperation in enforcement |
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Art.13.1 |
1. Each Party shall, at the request of any other Party, take all reasonable measures to assist in the investigation of an alleged violation of this Arrangement. |
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Art.13.2 |
2. Where a Party has probable cause to believe that a fishing vessel of the Parties, while within the waters under the jurisdiction of that Party: |
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Art.13.2.a |
did not have a licence to fish; |
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Art.13.2.b |
was involved in an infringement of an applicable national law; |
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Art.13.2.c |
was involved in any incident in which an authorized officer or observer was allegedly assaulted with resultant bodily harm, physically threatened, force-fully resisted, refused boarding or subjected to physical intimidation or physical interference in the performance of his or her duties as authorized pursuant to this Arrangement; |
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Art.13.2.d |
transhipped or off-loaded catch otherwise than in accordance with Annex V; |
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Art.13.2.e |
was used for fishing, in waters closed to fishing pursuant to Annex V; |
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Art.13.2.f |
was used for fishing in any Limited Area as described in Annex V, except as authorized in accordance with that Annex; |
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Art.13.2.g |
was used for fishing for any kinds of fish other than tunas, except that other kinds of fish may be caught as an incidental by-catch; |
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Art.13.2.h |
was involved in an incident in which evidence which otherwise could have been used in proceedings concerning the vessel has been intentionally destroyed; or |
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Art.13.2.i |
was involved in a serious violation of any other provision of this Arrangement or of a law or regulation, other than a violation described in sub-paragraphs (a) to (h) of this paragraph, and such vessel has not submitted to the jurisdiction of the Party concerned, that Party may request the home Party of the vessel to fully investigate the alleged violation. whereupon the home Party shall investigate and report as soon as practicable and in any case within two months to the requesting Party and the Administrator on that investigation and on any action taken or proposed to be taken by the home Party in accordance with this Article in relation to the alleged violation. |
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Art.13.3 |
3. In the event that a report provided pursuant to paragraph 2 of this Article establishes to the satisfaction of the Parties concerned that there are reasonable grounds to believe that the vessel concerned has been involved in a violation of this Arrangement as set out in paragraph 2, the home Party of the vessel shall, at the request of the Party, in whose waters the violation took place, |
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Art.13.3.a.i |
in the case of a fishing vessel flying the flag of the home Party: |
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Art.13.3.b |
take all necessary measures to ensure that the vessel concerned submits to the jurisdiction of the requesting Party; or |
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Art.13.3.c |
take appropriate action against the vessel to the extent permitted by its national laws and regulations or otherwise to the mutual satisfaction of the Parties concerned, |
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Art.13.3.d.i |
in the case of any other fishing vessel: |
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Art.13.3.e |
use its best efforts to ensure that the operator of the vessel submits to the jurisdiction of the requesting Party; or |
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Art.13.3.f |
to the extent possible under its national laws and regulations, or under any agreement in force between the investigating Party and the flag State of the vessel concerned, take appropriate action against the vessel or the operator of the vessel. |
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Art.14 |
Article 14 Arrest and seizure |
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Art.14.1 |
1. Where the authorities of one Party arrest or seize nationals or fishing vessels of another Party, the arresting Party shall promptly notify the other Party of the action taken. The arresting Party shall also notify the flag State of the vessel where the home Party of the vessel concerned is not also the flag State. |
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Art.14.2 |
2. Nationals and fishing vessels, including members of the crew of such fishing vessels (whether or not such crew are nationals of a Party), of any Party arrested or seized pursuant to this Arrangement shall be promptly released upon the posting of reasonable bond or security as determined by the courts of the arresting Party. Penalties applied in accordance with this Arrangement for fishing violations may not include imprisonment or corporal punishment. |
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Art.15 |
Article 15 Joint surveillance |
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Art.15.1x |
The Parties shall cooperate in the enforcement of the provisions of this Arrangement and their fisheries laws and regulations in accordance with the provisions of the Niue Treaty on Cooperation in Fisheries Surveillance and Law Enforcement in the South Pacific Region and to this end shall cooperate to develop regionally agreed procedures for the conduct of fisheries surveillance and law enforcement in the Arrangement. |
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Art.16 |
Article 16 Port State enforcement |
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Art.16.1x |
Whenever a fishing vessel of the Parties enters a port or offshore terminal of one of the Parties, the port State may inspect documents and catch on board such and, when such inspection discloses reasonable grounds for believing that the vessel has contravened the provisions of this Arrangement, may detain the vessel for such reasonable period as is necessary for the home Party, or, if the home Party is not the flag State of the vessel, the flag State, to take control of the vessel or otherwise lake responsibility for enforcement purposes. |
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Art.17 |
Article 17 Observer programme |
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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: |
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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. |
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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. |
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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. |
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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. |
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Art.17.1.e |
The Parties shall facilitate the placing of observers, including the provision of visas, if required. |
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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. |
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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. |
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Art.17.2 |
2. The Administrator shall coordinate the observer programme. |
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Part.5 |
PART V SETTLEMENT OF DISPUTES |
