Common use of FLAG STATE DUTIES Clause in Contracts

FLAG STATE DUTIES. 1. Each Contracting Party shall take such measures as may be necessary to ensure that fishing vessels entitled to fly its flag: (a) operating in the Convention Area comply with the provisions of this Convention and measures adopted pursuant to this Convention and that such vessels do not engage in any activities that undermine the effectiveness of such measures; and (b) do not conduct unauthorized fishing activities within areas under the national jurisdiction of another State adjacent to the Convention Area. 2. No Contracting Party shall allow any fishing vessel entitled to fly its flag to be used for fishing activities in the Convention Area unless it has been authorized to do so by the appropriate authority or authorities of that Contracting Party. Each Contracting Party shall authorize the use of vessels entitled to fly its flag for fishing activities in the Convention Area only where it is able to exercise effectively its responsibilities in respect of those vessels under this Convention, the 1982 Convention and the 1995 Agreement. 3. Each Contracting Party shall ensure that fishing activities by fishing vessels entitled to fly its flag undertaken in violation of the provisions of this Convention, as well as measures adopted pursuant to this Convention and the authorization in paragraph 2, constitute a violation under its legal framework. 4. Each Contracting Party shall require fishing vessels that are entitled to fly its flag and that are engaged in fishing activities in the Convention Area: (a) to use real-time satellite position-fixing transmitters while in the Convention Area in accordance with procedures developed pursuant to Article 7, subparagraph 2(e); (b) to notify the Commission of their intention to enter and exit the Convention Area in accordance with procedures developed pursuant to Article 7, subparagraph 2(f); and (c) to notify the Commission of the location of any transshipment of fisheries resources and products of fisheries resources taken in the Convention Area, pending the adoption by the Commission of procedures for the regulation and monitoring of transshipments pursuant to Article 7, subparagraph 2(a). 5. Each Contracting Party shall prohibit vessels entitled to fly its flag from engaging in directed fishing on the following orders: Alcyonacea, Antipatharia, Gorgonacea, and Scleractinia, as well as any other indicator species for vulnerable marine ecosystems as may be identified from time to time by the Scientific Committee and adopted by the Commission. 6. Each Contracting Party shall place observers on board fishing vessels entitled to fly its flag operating in the Convention Area in accordance with the Observer Program which shall be established in accordance with Article 7, subparagraph 2(b). Fishing vessels engaged in bottom fishing in the Convention Area shall have one hundred (100) percent coverage under the Observer Program. Fishing vessels engaged in other types of fishing activities in the Convention Area shall have a level of observer coverage as the Commission may decide. 7. Each Contacting Party shall ensure that fishing vessels entitled to fly its flag accept boarding by duly authorized inspectors in accordance with procedures for the boarding and inspection of fishing vessels in the Convention Area adopted by the Commission pursuant to Article 7, subparagraph 2(c). Xxxx authorized inspectors shall comply with these procedures. 8. For the purpose of the effective implementation of this Convention, each Contracting Party shall: (a) maintain a record of fishing vessels entitled to fly its flag and authorized to be used for fishing activities in the Convention Area in accordance with the information requirements, rules, standards, and procedures adopted by the Commission; (b) provide annually to the Commission, in accordance with the procedures which shall be established by the Commission, information, as decided by the Commission, with respect to each fishing vessel entered in the record required to be maintained under this paragraph and shall promptly notify the Commission of any modifications to this information; and (c) provide to the Commission, as part of the annual report required pursuant to Article 16, the names of the fishing vessels entered in the record that conducted fishing activities during the previous calendar year. 9. Each Contracting Party shall also promptly inform the Commission of: (a) any additions to the record; and (b) any deletions from the record, specifying which of the following reasons is applicable: (i) the voluntary relinquishment of the fishing authorization by the fishing vessel owner or operator; (ii) the withdrawal or non-renewal of the fishing authorization issued in respect of the fishing vessel under paragraph 2; (iii) the fact that the fishing vessel concerned is no longer entitled to fly its flag; (iv) the scrapping, decommissioning or loss of the fishing vessel concerned; or (v) any other grounds, with a specific explanation provided. 10. The Commission shall maintain its own record of fishing vessels, based on the information provided to it pursuant to paragraphs 8 and 9. The Commission shall make this record publicly available through agreed means, taking due account of the need to protect the confidentiality of personal information, consistent with the domestic practice of each Contracting Party. The Commission shall also provide to any Contracting Party, upon request, information about any vessel entered on the Commission record that is not otherwise publicly available. 11. Any Contracting Party that does not submit the data and information required under Article 16, paragraph 3 in respect of any year in which fishing occurred in the Convention Area by fishing vessels entitled to fly its flag shall not participate in the relevant fisheries until that data and information have been provided. The Rules of Procedure to be adopted by the Commission shall further guide the implementation of this paragraph.

Appears in 3 contracts

Samples: Convention on the Conservation and Management of High Seas Fisheries Resources in the North Pacific Ocean, Convention on the Conservation and Management of High Seas Fisheries Resources, Convention on the Conservation and Management of High Seas Fisheries Resources

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FLAG STATE DUTIES. 1. Each Contracting Party shall take such measures as may be necessary to ensure that fishing vessels entitled to fly its flagthat: (a) fishing vessels flying its flag operating in the Convention Area comply with the provisions of this Convention Agreement and the conservation and management measures adopted pursuant to this Convention by the Meeting of the Parties and that such vessels do not engage in any activities that undermine activity which undermines the effectiveness of such measures; and; (b) fishing vessels flying its flag do not conduct unauthorized fishing activities within areas waters under the national jurisdiction of another State adjacent to the Convention Area; and (c) it develops and implements a satellite vessel monitoring system for fishing vessels flying its flag and fishing in the Area. 2. No Contracting Party shall allow any fishing vessel entitled to fly its flag to be used for fishing activities in the Convention Area unless it has been authorized authorised to do so by the appropriate authority or authorities of that Contracting Party. 3. Each Contracting Party shall shall: (a) authorize the use of vessels entitled to fly flying its flag for fishing activities in the Convention Area waters beyond national jurisdiction only where it is able to exercise effectively its responsibilities in respect of those such vessels under this Convention, the 1982 Convention Agreement and the 1995 Agreement. 3. Each Contracting Party shall ensure that fishing activities by fishing vessels entitled to fly its flag undertaken in violation of the provisions of this Convention, as well as measures adopted pursuant to this Convention and the authorization in paragraph 2, constitute a violation under its legal framework. 4. Each Contracting Party shall require fishing vessels that are entitled to fly its flag and that are engaged in fishing activities in the Convention Area: (a) to use real-time satellite position-fixing transmitters while in the Convention Area in accordance with procedures developed pursuant to Article 7, subparagraph 2(e)international law; (b) to notify the Commission of their intention to enter and exit the Convention Area in accordance with procedures developed pursuant to Article 7, subparagraph 2(f); and (c) to notify the Commission of the location of any transshipment of fisheries resources and products of fisheries resources taken in the Convention Area, pending the adoption by the Commission of procedures for the regulation and monitoring of transshipments pursuant to Article 7, subparagraph 2(a). 5. Each Contracting Party shall prohibit vessels entitled to fly its flag from engaging in directed fishing on the following orders: Alcyonacea, Antipatharia, Gorgonacea, and Scleractinia, as well as any other indicator species for vulnerable marine ecosystems as may be identified from time to time by the Scientific Committee and adopted by the Commission. 6. Each Contracting Party shall place observers on board fishing vessels entitled to fly its flag operating in the Convention Area in accordance with the Observer Program which shall be established in accordance with Article 7, subparagraph 2(b). Fishing vessels engaged in bottom fishing in the Convention Area shall have one hundred (100) percent coverage under the Observer Program. Fishing vessels engaged in other types of fishing activities in the Convention Area shall have a level of observer coverage as the Commission may decide. 7. Each Contacting Party shall ensure that fishing vessels entitled to fly its flag accept boarding by duly authorized inspectors in accordance with procedures for the boarding and inspection of fishing vessels in the Convention Area adopted by the Commission pursuant to Article 7, subparagraph 2(c). Xxxx authorized inspectors shall comply with these procedures. 8. For the purpose of the effective implementation of this Convention, each Contracting Party shall: (a) maintain a record of fishing vessels entitled to fly its flag and authorized to fish for the fishery resources, and ensure that, for all such vessels, such information as may be used for specified by the Meeting of the Parties is entered in that record. Contracting Parties shall exchange this information in accordance with such procedures as may be agreed by the Meeting of the Parties; (c) in conformity with the rules determined by the Meeting of the Parties, make available to each annual Meeting of the Parties a report on its fishing activities in the Convention Area in accordance with the information requirements, rules, standards, and procedures adopted by the CommissionArea; (bd) provide annually collect and share in a timely manner, complete and accurate data concerning fishing activities by vessels flying its flag operating in the area, in particular on vessel position, retained catch, discarded catch and fishing effort, where appropriate maintaining confidentiality of data as it relates to the Commission, in accordance with the procedures which shall be established by the Commission, information, as decided by the Commission, with respect to each fishing vessel entered in the record required to be maintained under this paragraph and shall promptly notify the Commission application of any modifications to this informationrelevant national legislation; and (ce) provide to the Commissiongreatest extent possible, as part at the request of the annual report required pursuant to Article 16, the names of the fishing vessels entered in the record that conducted fishing activities during the previous calendar year. 9. Each Contracting Party shall also promptly inform the Commission of: (a) any additions to the record; and (b) any deletions from the record, specifying which of the following reasons is applicable: (i) the voluntary relinquishment of the fishing authorization by the fishing vessel owner or operator; (ii) the withdrawal or non-renewal of the fishing authorization issued in respect of the fishing vessel under paragraph 2; (iii) the fact that the fishing vessel concerned is no longer entitled to fly its flag; (iv) the scrapping, decommissioning or loss of the fishing vessel concerned; or (v) any other grounds, with a specific explanation provided. 10. The Commission shall maintain its own record of fishing vessels, based on the information provided to it pursuant to paragraphs 8 and 9. The Commission shall make this record publicly available through agreed means, taking due account of the need to protect the confidentiality of personal information, consistent with the domestic practice of each Contracting Party. The Commission shall also provide to any Contracting Party, upon requestand when provided with the relevant information, information about investigate any vessel entered on alleged serious violation within the Commission record that is not otherwise publicly available. 11. Any Contracting Party that does not submit meaning of the data and information required under Article 16, paragraph 3 in respect of any year in which fishing occurred in the Convention Area 1995 Agreement by fishing vessels entitled to fly flying its flag shall not participate in of the relevant fisheries until that data provisions of this Agreement or any conservation and information have been provided. The Rules of Procedure to be management measure adopted by the Commission Meeting of the Parties. A reply, including details of any action taken or proposed to be taken in relation to such alleged violation, shall further guide be provided to all Contracting Parties as soon as practicable and in any case within two (2) months of such request. A report on the implementation outcome of this paragraphthe investigation shall be provided to the Meeting of the Parties when the investigation is completed.

Appears in 2 contracts

Samples: Southern Indian Ocean Fisheries Agreement, Southern Indian Ocean Fisheries Agreement

FLAG STATE DUTIES. 1. Each Contracting Party member of the Commission shall take such all necessary measures as may be necessary to ensure that fishing vessels entitled to fly flying its flag: (a) operating in the Convention Area comply with the provisions of this Convention and the conservation and management measures adopted pursuant to this Convention by the Commission and that such vessels do not engage in any activities that undermine activity which undermines the effectiveness of such measures; andmeasures when operating in the Convention Area; (b) do not conduct unauthorized unauthorised fishing activities within areas waters under the national jurisdiction of another State adjacent to the Convention Area; c) carry and operate equipment sufficient to comply with vessel monitoring system standards and procedures adopted by the Commission; and d) land or tranship fishery resources caught in the Convention Area in accordance with standards and procedures adopted by the Commission. 2. No Contracting Party member of the Commission shall allow any fishing vessel entitled to fly its flag to be used for fishing activities in the Convention Area unless it has been authorized authorised to do so by the appropriate authority or authorities of that Contracting Partymember of the Commission. 3. Each Contracting Party shall authorize member of the Commission shall: a) authorise the use of fishing vessels entitled to fly flying its flag for fishing activities in the Convention Area only where it is able to exercise effectively its responsibilities in respect of those such vessels under this Convention, the 1982 Convention and the 1995 Agreement. 3. Each Contracting Party shall ensure that fishing activities by fishing vessels entitled to fly its flag undertaken in violation of the provisions of this Convention, as well as measures adopted pursuant to this Convention and the authorization in paragraph 2, constitute a violation under its legal framework. 4. Each Contracting Party shall require fishing vessels that are entitled to fly its flag and that are engaged in fishing activities in the Convention Area: (a) to use real-time satellite position-fixing transmitters while in the Convention Area in accordance with procedures developed pursuant to Article 7, subparagraph 2(e)international law; (b) to notify the Commission of their intention to enter and exit the Convention Area in accordance with procedures developed pursuant to Article 7, subparagraph 2(f); and (c) to notify the Commission of the location of any transshipment of fisheries resources and products of fisheries resources taken in the Convention Area, pending the adoption by the Commission of procedures for the regulation and monitoring of transshipments pursuant to Article 7, subparagraph 2(a). 5. Each Contracting Party shall prohibit vessels entitled to fly its flag from engaging in directed fishing on the following orders: Alcyonacea, Antipatharia, Gorgonacea, and Scleractinia, as well as any other indicator species for vulnerable marine ecosystems as may be identified from time to time by the Scientific Committee and adopted by the Commission. 6. Each Contracting Party shall place observers on board fishing vessels entitled to fly its flag operating in the Convention Area in accordance with the Observer Program which shall be established in accordance with Article 7, subparagraph 2(b). Fishing vessels engaged in bottom fishing in the Convention Area shall have one hundred (100) percent coverage under the Observer Program. Fishing vessels engaged in other types of fishing activities in the Convention Area shall have a level of observer coverage as the Commission may decide. 7. Each Contacting Party shall ensure that fishing vessels entitled to fly its flag accept boarding by duly authorized inspectors in accordance with procedures for the boarding and inspection of fishing vessels in the Convention Area adopted by the Commission pursuant to Article 7, subparagraph 2(c). Xxxx authorized inspectors shall comply with these procedures. 8. For the purpose of the effective implementation of this Convention, each Contracting Party shall: (a) maintain a record register of fishing vessels entitled to fly its flag and authorized authorised to fish for fishery resources, and ensure that, for all such vessels, such information as may be used specified by the Commission is entered in that register; c) in accordance with measures adopted by the Commission, investigate immediately and report fully on actions taken in response to any alleged violation by fishing vessels flying its flag of the provisions of this Convention or any conservation and management measure adopted by the Commission. Reporting shall include reports on the progress of the inves­ tigation to the Commission at appropriate regular intervals, to the extent permitted by national law, as well as a final report on the outcome when the investigation is completed; d) 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; and e) ensure in particular that, where it has been established, in accordance with its laws, that a fishing vessel flying its flag has been involved in the commission of a serious violation of the provisions of this Convention or of any conservation and management measures adopted by the Commission, the vessel concerned ceases fishing activities and does not engage in such activities in the Convention Area until it has complied with all outstanding sanctions imposed by the member of the Commission in respect of the violation. 4. Each member of the Commission is encouraged to ensure that fishing vessels flying its flag operate in the Convention Area in accordance with the information requirements, rules, standardsapplicable international obligations, and with regard to relevant recommendations and guidelines, regarding safety at sea for vessels and their crews. 5. Each member of the Commission shall ensure that fishing vessels flying its flag engaged in or intending to engage in research into fishery resources comply with any procedures adopted by the Commission; (b) provide annually to the Commission, in accordance with the procedures which shall be established by the Commission, information, as decided by Commission for the Commission, with respect to each fishing vessel entered in the record required to be maintained under this paragraph and shall promptly notify the Commission conduct of any modifications to this information; and (c) provide to the Commission, as part of the annual report required pursuant to Article 16, the names of the fishing vessels entered in the record that conducted fishing activities during the previous calendar year. 9. Each Contracting Party shall also promptly inform the Commission of: (a) any additions to the record; and (b) any deletions from the record, specifying which of the following reasons is applicable: (i) the voluntary relinquishment of the fishing authorization by the fishing vessel owner or operator; (ii) the withdrawal or non-renewal of the fishing authorization issued in respect of the fishing vessel under paragraph 2; (iii) the fact that the fishing vessel concerned is no longer entitled to fly its flag; (iv) the scrapping, decommissioning or loss of the fishing vessel concerned; or (v) any other grounds, with a specific explanation provided. 10. The Commission shall maintain its own record of fishing vessels, based on the information provided to it pursuant to paragraphs 8 and 9. The Commission shall make this record publicly available through agreed means, taking due account of the need to protect the confidentiality of personal information, consistent with the domestic practice of each Contracting Party. The Commission shall also provide to any Contracting Party, upon request, information about any vessel entered on the Commission record that is not otherwise publicly available. 11. Any Contracting Party that does not submit the data and information required under Article 16, paragraph 3 in respect of any year in which fishing occurred scientific research in the Convention Area by fishing vessels entitled to fly its flag shall not participate in the relevant fisheries until that data and information have been provided. The Rules of Procedure to be adopted by the Commission shall further guide the implementation of this paragraphArea.

Appears in 1 contract

Samples: Convention on the Conservation and Management of High Seas Fishery Resources in the South Pacific Ocean

FLAG STATE DUTIES. 1. Each flag State Contracting Party shall take such measures as may be necessary to ensure that fishing vessels entitled to fly its flagthat: (a) fishing vessels flying its flag operating in the Convention Area comply with the provisions of this Convention and the conservation and management measures adopted pursuant to this Convention by the Commission and that such vessels do not engage in any activities that undermine activity which undermines the effectiveness of such measures; and; (b) fishing vessels flying its flag do not conduct unauthorized fishing activities within areas waters under the national jurisdiction of another State adjacent to the Convention Area; (c) it develops and implements a satellite vessel monitoring system for fishing vessels flying its flag and fishing in the Convention Area in accordance with standards and procedures adopted by the Commission; (d) fishing vessels flying its flag: (i) land or tranship fishery resources caught in the Convention Area only at ports which have systems for inspecting documents, fishing gear and catch on board fishing vessels, that enable verification that the fish on board have been caught in a manner consistent with the conservation and management measures adopted by the Commission and/or have been transhipped in accordance with relevant procedures adopted by the Commission; or (ii) tranship at sea only when: there is full observer coverage; all of the transhipped fish or fish products derived from fishery resources will be landed at a Contracting Party port; and the transhipment is done in accordance with relevant procedures adopted by the Commission. 2. No flag State Contracting Party shall allow any fishing vessel entitled to fly its flag to be used for fishing activities in the Convention Area unless it has been authorized authorised to do so by the appropriate authority or authorities of that flag State Contracting Party. 3. Each flag State Contracting Party shall authorize shall: (a) authorise the use of fishing vessels entitled to fly flying its flag for fishing activities in the Convention Area only where it is able to exercise effectively its responsibilities in respect of those such vessels under this Convention, the 1982 Convention and the 1995 Agreement. 3. Each Contracting Party shall ensure that fishing activities by fishing vessels entitled to fly its flag undertaken in violation of the provisions of this Convention, as well as measures adopted pursuant to this Convention and the authorization in paragraph 2, constitute a violation under its legal framework. 4. Each Contracting Party shall require fishing vessels that are entitled to fly its flag and that are engaged in fishing activities in the Convention Area: (a) to use real-time satellite position-fixing transmitters while in the Convention Area in accordance with procedures developed pursuant to Article 7, subparagraph 2(e)international law; (b) to notify the Commission of their intention to enter and exit the Convention Area in accordance with procedures developed pursuant to Article 7, subparagraph 2(f); and (c) to notify the Commission of the location of any transshipment of fisheries resources and products of fisheries resources taken in the Convention Area, pending the adoption by the Commission of procedures for the regulation and monitoring of transshipments pursuant to Article 7, subparagraph 2(a). 5. Each Contracting Party shall prohibit vessels entitled to fly its flag from engaging in directed fishing on the following orders: Alcyonacea, Antipatharia, Gorgonacea, and Scleractinia, as well as any other indicator species for vulnerable marine ecosystems as may be identified from time to time by the Scientific Committee and adopted by the Commission. 6. Each Contracting Party shall place observers on board fishing vessels entitled to fly its flag operating in the Convention Area in accordance with the Observer Program which shall be established in accordance with Article 7, subparagraph 2(b). Fishing vessels engaged in bottom fishing in the Convention Area shall have one hundred (100) percent coverage under the Observer Program. Fishing vessels engaged in other types of fishing activities in the Convention Area shall have a level of observer coverage as the Commission may decide. 7. Each Contacting Party shall ensure that fishing vessels entitled to fly its flag accept boarding by duly authorized inspectors in accordance with procedures for the boarding and inspection of fishing vessels in the Convention Area adopted by the Commission pursuant to Article 7, subparagraph 2(c). Xxxx authorized inspectors shall comply with these procedures. 8. For the purpose of the effective implementation of this Convention, each Contracting Party shall: (a) maintain a record register of fishing vessels entitled to fly its flag and authorized to fish for fishery resources, and ensure that, for all such vessels, such information as may be used for fishing activities specified by the Commission is entered in the Convention Area that register. Contracting Parties shall exchange this information in accordance with the information requirements, rules, standards, and such procedures adopted as may be agreed by the Commission; (bc) provide annually in conformity with conservation and management measures adopted by the Commission, make available to each annual Commission meeting a report on its fishing in the Convention Area; (d) in accordance with measures adopted by the Commission, investigate immediately and report fully on actions taken in response to any alleged violation by fishing vessels flying its flag of the provisions of this Convention or any conservation and management measure adopted by the Commission. Reporting shall include reports on the progress of the investigation to the CommissionCommission at appropriate regular intervals, to the extent permitted by national law, as well as a final report on the outcome when the investigation is completed; (e) ensure that penalties applicable for such violations are of an appropriate severity, taking into account the value of the catch, to secure compliance, discourage further violations and deprive offenders of the benefits accruing from their illegal activities (f) ensure in particular that, where it has been established, in accordance with its laws, that a fishing vessel flying its flag has been involved in the procedures which shall be established commission of a serious violation of the provisions of this Convention or of any conservation and management measures adopted by the Commission, information, the vessel concerned ceases fishing activities and does not engage in such activities in the Convention Area until such time as decided it has complied with all outstanding sanctions imposed by the Commission, with respect to each fishing vessel entered in the record required to be maintained under this paragraph and shall promptly notify the Commission of any modifications to this information; and (c) provide to the Commission, as part of the annual report required pursuant to Article 16, the names of the fishing vessels entered in the record that conducted fishing activities during the previous calendar year. 9. Each flag State Contracting Party shall also promptly inform the Commission of: (a) any additions to the record; and (b) any deletions from the record, specifying which of the following reasons is applicable: (i) the voluntary relinquishment of the fishing authorization by the fishing vessel owner or operator; (ii) the withdrawal or non-renewal of the fishing authorization issued in respect of the fishing vessel under paragraph 2violation; (iiig) to the fact that extent permitted by its national laws and regulations, establish arrangements for making available to prosecuting authorities of other Contracting Parties evidence related to alleged violations, including information available on the fishing vessel concerned is no longer entitled to fly beneficial ownership of vessels flying its flag; (iv) the scrapping, decommissioning or loss of the fishing vessel concerned; or (v) any other grounds, with a specific explanation provided. 104. The Commission Each flag State Contracting Party shall maintain ensure that fishing vessels flying its own record of fishing vessels, based on the information provided flag engaged in or intending to it pursuant to paragraphs 8 and 9. The Commission shall make this record publicly available through agreed means, taking due account of the need to protect the confidentiality of personal information, consistent engage in research into fishery resources comply with the domestic practice of each Contracting Party. The Commission shall also provide to any Contracting Party, upon request, information about any vessel entered on procedures established by the Commission record that is not otherwise publicly available. 11. Any Contracting Party that does not submit for the data and information required under Article 16, paragraph 3 in respect conduct of any year in which fishing occurred scientific research in the Convention Area by fishing vessels entitled to fly its flag shall not participate in the relevant fisheries until that data and information have been provided. The Rules of Procedure to be adopted by the Commission shall further guide the implementation of this paragraphArea.

Appears in 1 contract

Samples: Convention on the Conservation and Management of High Seas Fishery Resources in the South Pacific Ocean

FLAG STATE DUTIES. 1. Each Contracting Party shall take such measures as may be necessary to ensure that fishing vessels entitled to fly its flagthat: (a) fishing vessels flying its flag operating in the Convention Area comply with the provisions of this Convention Agreement and the conservation and management measures adopted pursuant to this Convention by the Meeting of Parties and that such vessels do not engage in any activities that undermine activity which undermines the effectiveness of such measures; and; (b) fishing vessels flying its flag do not conduct unauthorized fishing activities within areas waters under the national jurisdiction of another State adjacent to the Convention Area; (c) it develops and implements a satellite vessel monitoring system for fishing vessels flying its flag and fishing in the Area in accordance with requirements adopted by the Meeting of Parties; (d) it investigates immediately and reports fully on actions taken in response to alleged violations by vessels flying its flag of conservation and management measures adopted by the Meeting of Parties; (e) penalties applicable for violations by vessels flying its flag are of an appropriate severity, taking into account the value of the catch and the imperative of preventing violations of this Agreement; (f) vessels flying its flag land fishery resources caught in the Area only at ports which comply with best international standards in respect of port State measures, and in accordance with guidance to be developed by the Meeting of Parties. 2. No Contracting Party shall allow any fishing vessel entitled to fly its flag to be used for fishing activities in the Convention Area unless it has been authorized authorised to do so by the appropriate authority or authorities of that Contracting Party. A vessel may not be authorised to fish in the Area if it has engaged in illegal, unreported and unregulated fishing in the Area following the entry into force of this Agreement, or has been prohibited from fishing in adjacent areas that are under the management of another regional fisheries management organisation. 3. Each Contracting Party shall shall: (a) authorize the use of vessels entitled to fly flying its flag for fishing activities in the Convention Area waters beyond national jurisdiction only where it is able to exercise effectively its responsibilities in respect of those such vessels under this Convention, the 1982 Convention Agreement and the 1995 Agreement. 3. Each Contracting Party shall ensure that fishing activities by fishing vessels entitled to fly its flag undertaken in violation of the provisions of this Convention, as well as measures adopted pursuant to this Convention and the authorization in paragraph 2, constitute a violation under its legal framework. 4. Each Contracting Party shall require fishing vessels that are entitled to fly its flag and that are engaged in fishing activities in the Convention Area: (a) to use real-time satellite position-fixing transmitters while in the Convention Area in accordance with procedures developed pursuant to Article 7, subparagraph 2(e)international law; (b) to notify the Commission of their intention to enter and exit the Convention Area in accordance with procedures developed pursuant to Article 7, subparagraph 2(f); and (c) to notify the Commission of the location of any transshipment of fisheries resources and products of fisheries resources taken in the Convention Area, pending the adoption by the Commission of procedures for the regulation and monitoring of transshipments pursuant to Article 7, subparagraph 2(a). 5. Each Contracting Party shall prohibit vessels entitled to fly its flag from engaging in directed fishing on the following orders: Alcyonacea, Antipatharia, Gorgonacea, and Scleractinia, as well as any other indicator species for vulnerable marine ecosystems as may be identified from time to time by the Scientific Committee and adopted by the Commission. 6. Each Contracting Party shall place observers on board fishing vessels entitled to fly its flag operating in the Convention Area in accordance with the Observer Program which shall be established in accordance with Article 7, subparagraph 2(b). Fishing vessels engaged in bottom fishing in the Convention Area shall have one hundred (100) percent coverage under the Observer Program. Fishing vessels engaged in other types of fishing activities in the Convention Area shall have a level of observer coverage as the Commission may decide. 7. Each Contacting Party shall ensure that fishing vessels entitled to fly its flag accept boarding by duly authorized inspectors in accordance with procedures for the boarding and inspection of fishing vessels in the Convention Area adopted by the Commission pursuant to Article 7, subparagraph 2(c). Xxxx authorized inspectors shall comply with these procedures. 8. For the purpose of the effective implementation of this Convention, each Contracting Party shall: (a) maintain a record register of fishing vessels entitled to fly its flag and authorized to fish for fishery resources, and ensure that, for all such vessels, such information as may be used for specified by the Meeting of Parties including vessel position, catch of target fishery, and non-target species, catch landed, catch transhipped, fishing activities effort and other relevant fisheries data are entered in the Convention Area that register. Contracting Parties shall exchange this information in accordance with the information requirements, rules, standards, and such procedures adopted as may be agreed by the CommissionMeeting of Parties; (b) provide annually to the Commission, in accordance with the procedures which shall be established by the Commission, information, as decided by the Commission, with respect to each fishing vessel entered in the record required to be maintained under this paragraph and shall promptly notify the Commission of any modifications to this information; and (c) provide ensure that vessels found to the Commissionhave been engaged in illegal, as part of the annual report required pursuant to Article 16, the names of the unreported and unregulated fishing vessels cannot be entered in the record that conducted fishing activities during the previous calendar year. 9. Each Contracting Party shall also promptly inform the Commission of: (a) any additions to the record; and (b) any deletions from the record, specifying which register of the following reasons is applicable: (i) the voluntary relinquishment of the fishing authorization by the fishing vessel owner or operator; (ii) the withdrawal or non-renewal of the fishing authorization issued in respect of the fishing vessel under paragraph 2; (iii) the fact that the fishing vessel concerned is no longer entitled to fly its flag; (iv) the scrapping, decommissioning or loss of the fishing vessel concerned; or (v) any other grounds, with a specific explanation provided. 10. The Commission shall maintain its own record of fishing vessels, based on the information provided to it pursuant to paragraphs 8 and 9. The Commission shall make this record publicly available through agreed means, taking due account of the need to protect the confidentiality of personal information, consistent with the domestic practice of each Contracting Party. The Commission shall also provide to any Contracting Party, upon request, information about any vessel entered on the Commission record that is not otherwise publicly available. 11. Any Contracting Party that does not submit the data and information required under Article 16, paragraph 3 in respect of any year in which fishing occurred in the Convention Area by fishing vessels entitled to fly its flag shall not participate and authorised to engage in fishing in the relevant fisheries until that data Area; (d) in conformity with conservation and information have been provided. The Rules of Procedure to be management measures adopted by the Commission shall further guide Meeting of Parties, make available to each annual Meeting of Parties a report on its fishing in the implementation Area; (e) collect and share in a timely manner, complete and accurate data describing fishing by vessels flying its flag operating in the Area, in particular on vessel position, retained catch, discarded catch and fishing effort, where appropriate maintaining confidentiality of data as they relate to the application of relevant national legislation; (f) adopt procedures to permit access by observers from other Contracting Parties to carry out functions as agreed by the Meeting of Parties; (g) at the request of any other Contracting Party, and when provided with the relevant information, investigate any alleged violation by fishing vessels flying its flag of the provisions of this paragraphAgreement or any conservation and management measure adopted by the Meeting of Parties. A reply, including details of any action taken or proposed to be taken in relation to such alleged violation, shall be provided to all Contracting Parties as soon as practicable and in any case within two (2) months of such request. Reports on the progress of the investigation shall be provided to the Meeting of Parties at appropriate regular intervals, as well as a final report on the outcome when the investigation is completed; and (h) make information available on the beneficial ownership of vessels flying its flag where the information would facilitate the investigation of an alleged violation of a conservation and management measure adopted by the Meeting of Parties.

Appears in 1 contract

Samples: Regional Fisheries Management Agreement

FLAG STATE DUTIES. 1. Each flag State Contracting Party shall take such measures as may be necessary to ensure that fishing vessels entitled to fly its flagthat: (a) fishing vessels flying its flag operating in the Convention Area comply with the provisions of this Convention and the conservation and management measures adopted pursuant to this Convention by the Commission and that such vessels do not engage in any activities that undermine activity which undermines the effectiveness of such measures; and; (b) fishing vessels flying its flag do not conduct unauthorized fishing activities within areas waters under the national jurisdiction of another State adjacent to the Convention Area; (c) it develops and implements a satellite vessel monitoring system for fishing vessels flying its flag and fishing in the Convention Area in accordance with standards and procedures adopted by the Commission; (d) fishing vessels flying its flag: (i) land or tranship in port fishery resources caught in the Convention Area only at ports at which it has systems for inspecting documents, fishing gear and catch on board those fishing vessels, that enable verification that the catch on board has been caught in a manner consistent with the conservation and management measures adopted by the Commission and/or where appropriate has been transhipped in accordance with relevant procedures adopted by the Commission; and (ii) tranship at sea only when there is full observer coverage and the transhipment is done in accordance with relevant procedures adopted by the Commission. 2. No flag State Contracting Party shall allow any fishing vessel entitled to fly its flag to be used for fishing activities in the Convention Area unless it has been authorized authorised to do so by the appropriate authority or authorities of that flag State Contracting Party. 3. Each flag State Contracting Party shall authorize shall: (a) authorise the use of fishing vessels entitled to fly flying its flag for fishing activities in the Convention Area only where it is able to exercise effectively its responsibilities in respect of those such vessels under this Convention, the 1982 Convention and the 1995 Agreement. 3. Each Contracting Party shall ensure that fishing activities by fishing vessels entitled to fly its flag undertaken in violation of the provisions of this Convention, as well as measures adopted pursuant to this Convention and the authorization in paragraph 2, constitute a violation under its legal framework. 4. Each Contracting Party shall require fishing vessels that are entitled to fly its flag and that are engaged in fishing activities in the Convention Area: (a) to use real-time satellite position-fixing transmitters while in the Convention Area in accordance with procedures developed pursuant to Article 7, subparagraph 2(e)international law; (b) to notify the Commission of their intention to enter and exit the Convention Area in accordance with procedures developed pursuant to Article 7, subparagraph 2(f); and (c) to notify the Commission of the location of any transshipment of fisheries resources and products of fisheries resources taken in the Convention Area, pending the adoption by the Commission of procedures for the regulation and monitoring of transshipments pursuant to Article 7, subparagraph 2(a). 5. Each Contracting Party shall prohibit vessels entitled to fly its flag from engaging in directed fishing on the following orders: Alcyonacea, Antipatharia, Gorgonacea, and Scleractinia, as well as any other indicator species for vulnerable marine ecosystems as may be identified from time to time by the Scientific Committee and adopted by the Commission. 6. Each Contracting Party shall place observers on board fishing vessels entitled to fly its flag operating in the Convention Area in accordance with the Observer Program which shall be established in accordance with Article 7, subparagraph 2(b). Fishing vessels engaged in bottom fishing in the Convention Area shall have one hundred (100) percent coverage under the Observer Program. Fishing vessels engaged in other types of fishing activities in the Convention Area shall have a level of observer coverage as the Commission may decide. 7. Each Contacting Party shall ensure that fishing vessels entitled to fly its flag accept boarding by duly authorized inspectors in accordance with procedures for the boarding and inspection of fishing vessels in the Convention Area adopted by the Commission pursuant to Article 7, subparagraph 2(c). Xxxx authorized inspectors shall comply with these procedures. 8. For the purpose of the effective implementation of this Convention, each Contracting Party shall: (a) maintain a record register of fishing vessels entitled to fly its flag and authorized to fish for fishery resources, and ensure that, for all such vessels, such information as may be used for fishing activities specified by the Commission is entered in the Convention Area that register. Contracting Parties shall exchange this information in accordance with the information requirements, rules, standards, and such procedures adopted as may be agreed by the Commission; (bc) provide annually in conformity with conservation and management measures adopted by the Commission, make available to each annual Commission meeting a report on its fishing in the Convention Area; (d) in accordance with measures adopted by the Commission, investigate immediately and report fully on actions taken in response to any alleged violation by fishing vessels flying its flag of the provisions of this Convention or any conservation and management measure adopted by the Commission. Reporting shall include reports on the progress of the investigation to the CommissionCommission at appropriate regular intervals, to the extent permitted by national law, as well as a final report on the outcome when the investigation is completed; (e) ensure that penalties applicable for such violations are of an appropriate severity, taking into account the value of the catch, to secure compliance, discourage further violations and deprive offenders of the benefits accruing from their illegal activities (f) ensure in particular that, where it has been established, in accordance with its laws, that a fishing vessel flying its flag has been involved in the procedures which shall be established commission of a serious violation of the provisions of this Convention or of any conservation and management measures adopted by the Commission, information, the vessel concerned ceases fishing activities and does not engage in such activities in the Convention Area until such time as decided it has complied with all outstanding sanctions imposed by the Commission, with respect to each fishing vessel entered in the record required to be maintained under this paragraph and shall promptly notify the Commission of any modifications to this information; and (c) provide to the Commission, as part of the annual report required pursuant to Article 16, the names of the fishing vessels entered in the record that conducted fishing activities during the previous calendar year. 9. Each flag State Contracting Party shall also promptly inform the Commission of: (a) any additions to the record; and (b) any deletions from the record, specifying which of the following reasons is applicable: (i) the voluntary relinquishment of the fishing authorization by the fishing vessel owner or operator; (ii) the withdrawal or non-renewal of the fishing authorization issued in respect of the fishing vessel under paragraph 2violation; (iiig) to the fact that extent permitted by its national laws and regulations, establish arrangements for making available to prosecuting authorities of other Contracting Parties evidence related to alleged violations, including information available on the fishing vessel concerned is no longer entitled to fly beneficial ownership of vessels flying its flag; (iv) the scrapping, decommissioning or loss of the fishing vessel concerned; or (v) any other grounds, with a specific explanation provided. 104. The Commission Each flag State Contracting Party shall maintain ensure that fishing vessels flying its own record of fishing vessels, based on the information provided flag engaged in or intending to it pursuant to paragraphs 8 and 9. The Commission shall make this record publicly available through agreed means, taking due account of the need to protect the confidentiality of personal information, consistent engage in research into fishery resources comply with the domestic practice of each Contracting Party. The Commission shall also provide to any Contracting Party, upon request, information about any vessel entered on procedures established by the Commission record that is not otherwise publicly available. 11. Any Contracting Party that does not submit for the data and information required under Article 16, paragraph 3 in respect conduct of any year in which fishing occurred scientific research in the Convention Area by fishing vessels entitled to fly its flag shall not participate in the relevant fisheries until that data and information have been provided. The Rules of Procedure to be adopted by the Commission shall further guide the implementation of this paragraphArea.

Appears in 1 contract

Samples: Convention on the Conservation and Management of High Seas Fishery Resources in the South Pacific Ocean

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FLAG STATE DUTIES. 1. Each Contracting Party member of the Commission shall take such all necessary measures as may be necessary to ensure that fishing vessels entitled to fly flying its flag: (a) operating in the Convention Area comply with the provisions of this Convention and the conservation and management measures adopted pursuant to this Convention by the Commission and that such vessels do not engage in any activities that undermine activity which undermines the effectiveness of such measures; andmeasures when operating in the Convention Area; (b) do not conduct unauthorized unauthorised fishing activities within areas waters under the national jurisdiction of another State adjacent to the Convention Area; (c) carry and operate equipment sufficient to comply with vessel monitoring system standards and procedures adopted by the Commission; and (d) land or tranship fishery resources caught in the Convention Area in accordance with standards and procedures adopted by the Commission. 2. No Contracting Party member of the Commission shall allow any fishing vessel entitled to fly its flag to be used for fishing activities in the Convention Area unless it has been authorized authorised to do so by the appropriate authority or authorities of that Contracting Partymember of the Commission. 3. Each Contracting Party shall authorize member of the Commission shall: (a) authorise the use of fishing vessels entitled to fly flying its flag for fishing activities in the Convention Area only where it is able to exercise effectively its responsibilities in respect of those such vessels under this Convention, the 1982 Convention and the 1995 Agreement. 3. Each Contracting Party shall ensure that fishing activities by fishing vessels entitled to fly its flag undertaken in violation of the provisions of this Convention, as well as measures adopted pursuant to this Convention and the authorization in paragraph 2, constitute a violation under its legal framework. 4. Each Contracting Party shall require fishing vessels that are entitled to fly its flag and that are engaged in fishing activities in the Convention Area: (a) to use real-time satellite position-fixing transmitters while in the Convention Area in accordance with procedures developed pursuant to Article 7, subparagraph 2(e)international law; (b) to notify the Commission of their intention to enter and exit the Convention Area in accordance with procedures developed pursuant to Article 7, subparagraph 2(f); and (c) to notify the Commission of the location of any transshipment of fisheries resources and products of fisheries resources taken in the Convention Area, pending the adoption by the Commission of procedures for the regulation and monitoring of transshipments pursuant to Article 7, subparagraph 2(a). 5. Each Contracting Party shall prohibit vessels entitled to fly its flag from engaging in directed fishing on the following orders: Alcyonacea, Antipatharia, Gorgonacea, and Scleractinia, as well as any other indicator species for vulnerable marine ecosystems as may be identified from time to time by the Scientific Committee and adopted by the Commission. 6. Each Contracting Party shall place observers on board fishing vessels entitled to fly its flag operating in the Convention Area in accordance with the Observer Program which shall be established in accordance with Article 7, subparagraph 2(b). Fishing vessels engaged in bottom fishing in the Convention Area shall have one hundred (100) percent coverage under the Observer Program. Fishing vessels engaged in other types of fishing activities in the Convention Area shall have a level of observer coverage as the Commission may decide. 7. Each Contacting Party shall ensure that fishing vessels entitled to fly its flag accept boarding by duly authorized inspectors in accordance with procedures for the boarding and inspection of fishing vessels in the Convention Area adopted by the Commission pursuant to Article 7, subparagraph 2(c). Xxxx authorized inspectors shall comply with these procedures. 8. For the purpose of the effective implementation of this Convention, each Contracting Party shall: (a) maintain a record register of fishing vessels entitled to fly its flag and authorized authorised to fish for fishery resources, and ensure that, for all such vessels, such information as may be used specified by the Commission is entered in that register; (c) in accordance with measures adopted by the Commission, investigate immediately and report fully on actions taken in response to any alleged violation by fishing vessels flying its flag of the provisions of this Convention or any conservation and management measure adopted by the Commission. Reporting shall include reports on the progress of the investigation to the Commission at appropriate regular intervals, to the extent permitted by national law, as well as a final report on the outcome when the investigation is completed; (d) 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; and (e) ensure in particular that, where it has been established, in accordance with its laws, that a fishing vessel flying its flag has been involved in the commission of a serious violation of the provisions of this Convention or of any conservation and management measures adopted by the Commission, the vessel concerned ceases fishing activities and does not engage in such activities in the Convention Area until it has complied with all outstanding sanctions imposed by the member of the Commission in respect of the violation. 4. Each member of the Commission is encouraged to ensure that fishing vessels flying its flag operate in the Convention Area in accordance with the information requirements, rules, standardsapplicable international obligations, and with regard to relevant recommendations and guidelines, regarding safety at sea for vessels and their crews. 5. Each member of the Commission shall ensure that fishing vessels flying its flag engaged in or intending to engage in research into fishery resources comply with any procedures adopted by the Commission; (b) provide annually to the Commission, in accordance with the procedures which shall be established by the Commission, information, as decided by Commission for the Commission, with respect to each fishing vessel entered in the record required to be maintained under this paragraph and shall promptly notify the Commission conduct of any modifications to this information; and (c) provide to the Commission, as part of the annual report required pursuant to Article 16, the names of the fishing vessels entered in the record that conducted fishing activities during the previous calendar year. 9. Each Contracting Party shall also promptly inform the Commission of: (a) any additions to the record; and (b) any deletions from the record, specifying which of the following reasons is applicable: (i) the voluntary relinquishment of the fishing authorization by the fishing vessel owner or operator; (ii) the withdrawal or non-renewal of the fishing authorization issued in respect of the fishing vessel under paragraph 2; (iii) the fact that the fishing vessel concerned is no longer entitled to fly its flag; (iv) the scrapping, decommissioning or loss of the fishing vessel concerned; or (v) any other grounds, with a specific explanation provided. 10. The Commission shall maintain its own record of fishing vessels, based on the information provided to it pursuant to paragraphs 8 and 9. The Commission shall make this record publicly available through agreed means, taking due account of the need to protect the confidentiality of personal information, consistent with the domestic practice of each Contracting Party. The Commission shall also provide to any Contracting Party, upon request, information about any vessel entered on the Commission record that is not otherwise publicly available. 11. Any Contracting Party that does not submit the data and information required under Article 16, paragraph 3 in respect of any year in which fishing occurred scientific research in the Convention Area by fishing vessels entitled to fly its flag shall not participate in the relevant fisheries until that data and information have been provided. The Rules of Procedure to be adopted by the Commission shall further guide the implementation of this paragraphArea.

Appears in 1 contract

Samples: Southern Indian Ocean Fisheries Agreement

FLAG STATE DUTIES. 1. Each flag State Contracting Party shall take such measures as may be necessary to ensure that fishing vessels entitled to fly its flagthat: (a) fishing vessels flying its flag operating in the Convention Area comply with the provisions of this Convention Agreement and the conservation and management measures adopted pursuant to this Convention by the Commission and that such vessels do not engage in any activities that undermine activity which undermines the effectiveness of such measures; and; (b) fishing vessels flying its flag do not conduct unauthorized fishing activities within areas waters under the national jurisdiction of another State adjacent to the Convention Area; (c) it develops and implements a satellite vessel monitoring system for fishing vessels flying its flag and fishing in the Area in accordance with requirements adopted by the Commission; (d) it investigates immediately and reports fully on actions taken in response to alleged violations by vessels flying its flag of conservation and management measures adopted by the Commission; (e) penalties applicable for violations by vessels flying its flag are of an appropriate severity, taking into account the value of the catch and the imperative of preventing violations of this Agreement; (f) vessels flying its flag land fishery resources caught in the Area only at ports which comply with best international standards in respect of port State measures, and in accordance with guidance to be developed by the Commission. 2. No flag State Contracting Party shall allow any fishing vessel entitled to fly its flag to be used for fishing activities in the Convention Area unless it has been authorized authorised to do so by the appropriate authority or authorities of that flag State Contracting Party. A vessel may not be authorised to fish in the Area if it has been placed on the Commission IUU vessel list established under article 27. 3. Each flag State Contracting Party shall authorize shall: (a) authorise the use of vessels entitled to fly flying its flag for fishing activities in the Convention Area waters beyond national jurisdiction only where it is able to exercise effectively its responsibilities in respect of those such vessels under this Convention, the 1982 Convention Agreement and the 1995 Agreement. 3. Each Contracting Party shall ensure that fishing activities by fishing vessels entitled to fly its flag undertaken in violation of the provisions of this Convention, as well as measures adopted pursuant to this Convention and the authorization in paragraph 2, constitute a violation under its legal framework. 4. Each Contracting Party shall require fishing vessels that are entitled to fly its flag and that are engaged in fishing activities in the Convention Area: (a) to use real-time satellite position-fixing transmitters while in the Convention Area in accordance with procedures developed pursuant to Article 7, subparagraph 2(e)international law; (b) to notify the Commission of their intention to enter and exit the Convention Area in accordance with procedures developed pursuant to Article 7, subparagraph 2(f); and (c) to notify the Commission of the location of any transshipment of fisheries resources and products of fisheries resources taken in the Convention Area, pending the adoption by the Commission of procedures for the regulation and monitoring of transshipments pursuant to Article 7, subparagraph 2(a). 5. Each Contracting Party shall prohibit vessels entitled to fly its flag from engaging in directed fishing on the following orders: Alcyonacea, Antipatharia, Gorgonacea, and Scleractinia, as well as any other indicator species for vulnerable marine ecosystems as may be identified from time to time by the Scientific Committee and adopted by the Commission. 6. Each Contracting Party shall place observers on board fishing vessels entitled to fly its flag operating in the Convention Area in accordance with the Observer Program which shall be established in accordance with Article 7, subparagraph 2(b). Fishing vessels engaged in bottom fishing in the Convention Area shall have one hundred (100) percent coverage under the Observer Program. Fishing vessels engaged in other types of fishing activities in the Convention Area shall have a level of observer coverage as the Commission may decide. 7. Each Contacting Party shall ensure that fishing vessels entitled to fly its flag accept boarding by duly authorized inspectors in accordance with procedures for the boarding and inspection of fishing vessels in the Convention Area adopted by the Commission pursuant to Article 7, subparagraph 2(c). Xxxx authorized inspectors shall comply with these procedures. 8. For the purpose of the effective implementation of this Convention, each Contracting Party shall: (a) maintain a record register of fishing vessels entitled to fly its flag and authorized to fish for fishery resources, and ensure that, for all such vessels, such information as may be used for fishing activities specified by the Commission is entered in the Convention Area that register. Contracting Parties shall exchange this information in accordance with the information requirements, rules, standards, and such procedures adopted as may be agreed by the Commission; (bc) provide annually to ensure that vessels that have been placed on the Commission, in accordance with the procedures which shall Commission IUU vessel list cannot be established by the Commission, information, as decided by the Commission, with respect to each fishing vessel entered in the record required to be maintained under this paragraph and shall promptly notify the Commission register of any modifications to this information; and (c) provide to the Commission, as part of the annual report required pursuant to Article 16, the names of the fishing vessels entered in the record that conducted fishing activities during the previous calendar year. 9. Each Contracting Party shall also promptly inform the Commission of: (a) any additions to the record; and (b) any deletions from the record, specifying which of the following reasons is applicable: (i) the voluntary relinquishment of the fishing authorization by the fishing vessel owner or operator; (ii) the withdrawal or non-renewal of the fishing authorization issued in respect of the fishing vessel under paragraph 2; (iii) the fact that the fishing vessel concerned is no longer entitled to fly its flag; (iv) the scrapping, decommissioning or loss of the fishing vessel concerned; or (v) any other grounds, with a specific explanation provided. 10. The Commission shall maintain its own record of fishing vessels, based on the information provided to it pursuant to paragraphs 8 and 9. The Commission shall make this record publicly available through agreed means, taking due account of the need to protect the confidentiality of personal information, consistent with the domestic practice of each Contracting Party. The Commission shall also provide to any Contracting Party, upon request, information about any vessel entered on the Commission record that is not otherwise publicly available. 11. Any Contracting Party that does not submit the data and information required under Article 16, paragraph 3 in respect of any year in which fishing occurred in the Convention Area by fishing vessels entitled to fly its flag shall not participate and authorised to engage in fishing in the relevant fisheries until that data Area; (d) in conformity with conservation and information have been provided. The Rules of Procedure to be management measures adopted by the Commission, make available to each annual Commission shall further guide meeting a report on its fishing in the implementation Area; (e) collect and share, in a timely manner, complete and accurate data describing fishing by vessels flying its flag operating in the Area, in particular on vessel position, retained catch, discarded catch and fishing effort, where appropriate maintaining confidentiality of data; (f) adopt procedures to permit access by observers from other Contracting Parties to carry out functions as agreed by the Commission; (g) at the request of any other Contracting Party, and when provided with the relevant information, promptly investigate any alleged violation by fishing vessels flying its flag of the provisions of this paragraphAgreement or any conservation and management measure adopted by the Commission. A reply, including details of any action taken or proposed to be taken in relation to such alleged violation, shall be provided to all Contracting Parties as soon as practicable and in any case within two months of such request. Reports on the progress of the investigation shall be provided to the Commission at appropriate regular intervals, as well as a final report on the outcome when the investigation is completed; (h) ensure that, where it has been established, in accordance with its laws, that a fishing vessel flying its flag has been involved in the commission of a serious violation of the provisions of this Agreement or of any conservation and management measures adopted by the Commission, the vessel concerned ceases fishing activities and does not engage in such activities in the Area until such time as it has complied with all outstanding sanctions imposed by the flag State Contracting Party in respect of the violation; (i) make information available on the beneficial ownership of vessels flying its flag where the information would facilitate the investigation of an alleged violation of a conservation and management measure adopted by the Commission.

Appears in 1 contract

Samples: Regional Fisheries Management Agreement

FLAG STATE DUTIES. 1. Each Contracting Party shall take such measures as may be necessary to ensure that fishing vessels entitled to fly its flag: (a) : operating in the Convention Area comply with the provisions of this Convention and measures adopted pursuant to this Convention and that such vessels do not engage in any activities that undermine the effectiveness of such measures; and (b) and do not conduct unauthorized fishing activities within areas under the national jurisdiction of another State adjacent to the Convention Area. 2. No Contracting Party shall allow any fishing vessel entitled to fly its flag to be used for fishing activities in the Convention Area unless it has been authorized to do so by the appropriate authority or authorities of that Contracting Party. Each Contracting Party shall authorize the use of vessels entitled to fly its flag for fishing activities in the Convention Area only where it is able to exercise effectively its responsibilities in respect of those vessels under this Convention, the 1982 Convention and the 1995 Agreement. 3. Each Contracting Party shall ensure that fishing activities by fishing vessels entitled to fly its flag undertaken in violation of the provisions of this Convention, as well as measures adopted pursuant to this Convention and the authorization in paragraph 2, constitute a violation under its legal framework. 4. Each Contracting Party shall require fishing vessels that are entitled to fly its flag and that are engaged in fishing activities in the Convention Area: (a) : to use real-time satellite position-fixing transmitters while in the Convention Area in accordance with procedures developed pursuant to Article 7, subparagraph 2(e); (b) ; to notify the Commission of their intention to enter and exit the Convention Area in accordance with procedures developed pursuant to Article 7, subparagraph 2(f); and (c) and to notify the Commission of the location of any transshipment of fisheries resources and products of fisheries resources taken in the Convention Area, pending the adoption by the Commission of procedures for the regulation and monitoring of transshipments pursuant to Article 7, subparagraph 2(a). 5. Each Contracting Party shall prohibit vessels entitled to fly its flag from engaging in directed fishing on the following orders: Alcyonacea, Antipatharia, Gorgonacea, and Scleractinia, as well as any other indicator species for vulnerable marine ecosystems as may be identified from time to time by the Scientific Committee and adopted by the Commission. 6. Each Contracting Party shall place observers on board fishing vessels entitled to fly its flag operating in the Convention Area in accordance with the Observer Program which shall be established in accordance with Article 7, subparagraph 2(b). Fishing vessels engaged in bottom fishing in the Convention Area shall have one hundred (100) percent coverage under the Observer Program. Fishing vessels engaged in other types of fishing activities in the Convention Area shall have a level of observer coverage as the Commission may decide. 7. Each Contacting Party shall ensure that fishing vessels entitled to fly its flag accept boarding by duly authorized inspectors in accordance with procedures for the boarding and inspection of fishing vessels in the Convention Area adopted by the Commission pursuant to Article 7, subparagraph 2(c). Xxxx authorized inspectors shall comply with these procedures. 8. For the purpose of the effective implementation of this Convention, each Contracting Party shall: (a) : maintain a record of fishing vessels entitled to fly its flag and authorized to be used for fishing activities in the Convention Area in accordance with the information requirements, rules, standards, and procedures adopted by the Commission; (b) ; provide annually to the Commission, in accordance with the procedures which shall be established by the Commission, information, as decided by the Commission, with respect to each fishing vessel entered in the record required to be maintained under this paragraph and shall promptly notify the Commission of any modifications to this information; and (c) and provide to the Commission, as part of the annual report required pursuant to Article 16, the names of the fishing vessels entered in the record that conducted fishing activities during the previous calendar year. 9. Each Contracting Party shall also promptly inform the Commission of: (a) : any additions to the record; and (b) and any deletions from the record, specifying which of the following reasons is applicable: (i) the voluntary relinquishment of the fishing authorization by the fishing vessel owner or operator; (ii) the withdrawal or non-renewal of the fishing authorization issued in respect of the fishing vessel under paragraph 2; (iii) the fact that the fishing vessel concerned is no longer entitled to fly its flag; (iv) the scrapping, decommissioning or loss of the fishing vessel concerned; or (v) any other grounds, with a specific explanation provided. 10. The Commission shall maintain its own record of fishing vessels, based on the information provided to it pursuant to paragraphs 8 and 9. The Commission shall make this record publicly available through agreed means, taking due account of the need to protect the confidentiality of personal information, consistent with the domestic practice of each Contracting Party. The Commission shall also provide to any Contracting Party, upon request, information about any vessel entered on the Commission record that is not otherwise publicly available. 11. Any Contracting Party that does not submit the data and information required under Article 16, paragraph 3 in respect of any year in which fishing occurred in the Convention Area by fishing vessels entitled to fly its flag shall not participate in the relevant fisheries until that data and information have been provided. The Rules of Procedure to be adopted by the Commission shall further guide the implementation of this paragraph.

Appears in 1 contract

Samples: Convention on the Conservation and Management of High Seas Fisheries Resources in the North Pacific Ocean

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