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Art.1 |
Article 1 Definitions |
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Art.1.1x |
In this Arrangement: |
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Art.1.1x.a |
"Administrator" means the Administrator prescribed under Article 7; |
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Art.1.1x.b |
"applicable national law" means any provision of a law, however described, of a Party which governs the fishing activities of fishing vessels, being a law identified in Schedule 1 of Annex V; |
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Art.1.1x.c |
"Arrangement Area" means the exclusive economic or fisheries zones of the Parties to this Arrangement except for waters closed to fishing in accordance with Schedule 2 of Annex V; |
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Art.1.1x.d |
"eligibility criteria" means the criteria set out in Annex III; |
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Art.1.1x.e |
"eligible fishing vessel" means a fishing, vessel of the Parties which has been duly entered on the Register of Eligible Fishing Vessels maintained by the Administrator pursuant to Article 3 of this Arrangement; |
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Art.1.1x.f |
"fishing" means: |
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Art.1.1x.f.i |
searching for, catching, taking or harvesting fish; |
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Art.1.1x.f.ii |
attempting to search for, catch, take or harvest fish; |
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Art.1.1x.f.iii |
engaging in any other activity which can reasonably be expected to result in the locating, catching, taking or harvesting of fish; |
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Art.1.1x.f.iv |
placing, searching for or recovering fish devices or associated electronic equipment such as radio beacons; |
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Art.1.1x.f.v |
any operations at sea directly in support of, or in preparation for, any activity described in this paragraph; |
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Art.1.1x.f.vi |
use of any other vehicle, air or sea-borne, for any of the activities described in this paragraph except for emergencies involving the health and safety of any person or, board a vessel or the safety of a vessel; or |
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Art.1.1x.f.vii |
any related activity; |
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Art.1.1x.g |
"fishing vessel of the Parties" means any purse seine fishing vessel flying the flag of or based in a Party to this Arrangement; |
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Art.1.1x.h |
"home Party" in respect of a fishing vessel means the Party which has issued a licence, permit or authorization to the vessel authorizing the vessel to fish in the exclusive economic or fisheries zone of that Party and through which the application for entry on the Register of Eligible Fishing Vessels pursuant to Article 3 is made, and the phrase "home Party of a vessel" shall be construed accordingly; |
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Art.1.1x.i |
"operator" means any person who is in charge of, directs or controls a vessel, including the owner, charterer or master: means a State Party to this Arrangement and Parties means all such States from time to time; |
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Art.1.1x.j |
"regional access licence" means a regional access licence issued to fishing vessels of the Parties pursuant to this Arrangement; |
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Art.1.1x.k |
"related activities" in relation to fishing, means: |
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Art.1.1x.k.i |
refuelling or supplying fishing boats, selling or supplying fishing equipment or other activities in support of fishing; |
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Art.1.1x.k.ii |
on-shore storing buying or processing of fish or fish products from the time they are first landed; or |
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Art.1.1x.k.iii |
storing, buying, transhipping, processing or transporting fish or fish products taken from the Arrangement Area up to the time such fish or fish products are first landed; |
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Art.1.1x.l |
"transhipment" means the transfer of any or all of the fish on board a vessel onto another vessel, either directly or by off-loading the fish from the vessel onto the shore and thence immediately onto another vessel for the purposes of transportating that fish elsewhere. |
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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 |
