Common use of Observers Clause in Contracts

Observers. 1. Vessels authorised to fish in Malagasy waters under the Agreement shall take on board observers appointed by the competent regional fisheries organisation on the terms set out below. 1.1. At the request of the competent authority, Community vessels shall take on board an observer designated by the authority in order to check catches made in Malagasy waters. 1.2. The competent authority shall draw up a list of vessels designated to take an observer on board and a list of the appointed observers. These lists shall be kept up to date. They shall be forwarded to the European Commission as soon as they have been drawn up and every three months thereafter where they have been updated. 1.3. The competent authority shall inform the shipowners concerned, or their representatives, of the name of the observer appointed to be taken on board their vessel at the time the licence is issued, or no later than 15 days before the observ- er’s planned embarkation date. (1) Of which at least 70 seamen of the total European fleet belonging to IOTC Member States. 2. The time spent on board by observers shall be one fishing trip. However, at the express request of the competent Malagasy authorities, this embarkation may be spread over several trips according to the average duration of trip for a particular vessel. This request shall be made by the competent authority when the name of the observer appointed to board the vessel in question is notified. 3. The conditions under which observers are taken on board shall be agreed between shipowners or their representa- tives and the competent authority. 4. Observers shall be taken on board at a port chosen by the shipowner at the beginning of the first voyage in Malagasy waters after notification of the list of designated vessels. 5. Within two weeks and giving ten days’ notice, the shipowners concerned shall make known at which ports in the subregion and on what dates they intend to take observers on board. 6. Where observers are taken on board in a country outside the subregion, their travel costs shall be borne by the ship- owner. Should a vessel with a regional observer on board leave the regional fishing zone, all measures must be taken to ensure the observer’s return as soon as possible at the expense of the shipowner. 7. If the observer is not present at the time and place agreed and during the twelve hours following the time agreed, shipowners shall be automatically absolved of their obligation to take the observer on board. 8. Observers shall be treated as officers. Where vessels are operating in Malagasy waters, they shall carry out the fol- lowing tasks: 8.1. observe the fishing activities of the vessels; 8.2. verify the position of vessels engaged in fishing operations; 8.3. perform biological sampling in the context of scientific programmes; 8.4. note the fishing gear used; 8.5. verify the catch data for Malagasy waters recorded in the logbook; 8.6. verify the percentages of by-catches and estimate the quantity of discards of species of marketable fish; 8.7. report by any appropriate means fishing data, including the quantity of catches and by-catches on board, to their com- petent authority. 9. Skippers shall do everything in their power to ensure the physical safety and welfare of observers during perfor- xxxxx of their duties. 10. Observers shall be offered every facility needed to carry out their duties. The skipper shall give them access to the means of communication needed for the discharge of their duties, to documents directly concerned with the vessel’s fishing activities, including in particular the logbook and the navigation log, and to those parts of the vessel neces- sary to facilitate the exercise of their tasks as observer. 11. While on board, observers shall: 11.1. take all appropriate steps to ensure that the conditions of their boarding and presence on the vessel neither interrupt nor hamper fishing operations; 11.2. respect the material and equipment on board and the confidentiality of all documents belonging to the vessel. 12. At the end of the observation period and before leaving the vessel, observers shall draw up an activity report to be transmitted to the competent authorities, with a copy to the European Commission. They shall sign it in the pres- ence of the skipper, who may add or cause to be added to it any observations considered relevant, followed by the skipper’s signature. A copy of the report shall be handed to the skipper when the observer is put ashore. 13. Shipowners shall bear the cost of accommodating observers in the same conditions as the officers, within the con- fines of the practical possibilities offered by the vessel. 14. The salary and social contributions of the observer shall be borne by the competent authorities. 15. The two Parties shall consult each other, and interested third parties, as soon as possible as regards the definition of a system of regional observers and the choice of the competent regional fisheries organisation. Pending the imple- mentation of a system of regional observers, vessels authorised to fish in Madagascar’s fishing zone under the Agree- ment shall take on board, instead of regional observers, observers designated by the competent Malagasy authorities in accordance with the rules set out above.

Observers. 1. At the time of lodging a license application, each Community vessel concerned shall contribute EUR 400 into Government Revenue Account No 0260-002 with the National Bank of Solomon Islands, Honiara, specifically for the observer’s programme. 2. Vessels authorised to fish in Malagasy Solomon Islands waters under the Agreement shall take on board observers appointed by the competent regional fisheries organisation Solomon Islands on the terms set out below: 2.1. The Permanent Secretary shall determine each year the scope of the programme for observation on board on the basis of the number of vessels authorised to fish in the waters under its jurisdiction and the state of the resources targeted by those vessels. It shall determine accordingly the number or percentage of vessels by category of fishery which shall be required to take an observer on board. 1.1. At the request of the competent authority, Community vessels shall take on board an observer designated by the authority in order to check catches made in Malagasy waters. 1.22.2. The competent authority Permanent Secretary shall draw up a list of vessels designated to take an observer on board and a list of the appointed observers. These lists shall be kept up to date. They shall be forwarded to the European Commission as soon as they have been drawn up and every three months thereafter where they have been updated. 1.32.3. The competent authority Permanent Secretary shall inform the shipowners concerned, or their representativesagents, of the name of the observer appointed his intentions to be taken take on board an appointed observer on their vessel vessels at the time the licence is issued, or no later than 15 days before the observ- erobserver’s planned embarkation datedate and whose name shall be notified as soon as possible. (1) Of which at least 70 seamen of the total European fleet belonging to IOTC Member States. 23. The time spent on board by observers shall be one fishing trip. However, at the express request of the competent Malagasy authorities, this embarkation may be spread over several trips according to the average duration of trip for a particular vessel. This request shall be made fixed by the competent authority Permanent Secretary but, as a general rule, it should not exceed the time required to carry out their duties. The Permanent Secretary shall inform the shipowners or their agents thereof when notifying them of the name of the observer appointed to be taken on board the vessel in question is notifiedconcerned. 34. The conditions under which observers are taken on board shall be agreed between shipowners or their representa- tives agents and the competent authority. 4. Observers shall be taken on board at a port chosen by the shipowner at the beginning of the first voyage in Malagasy waters after notification of the list of designated vesselsPermanent Secretary. 5. Within two weeks and giving ten 10 days’ notice, the shipowners concerned shall make known at which Solomon Islands ports in the subregion and on what dates they intend to take observers on board. 6. Where observers are taken on board in a country outside the subregionforeign port, their travel costs shall be borne by the ship- ownershipowner. Should a vessel with a regional an observer from Solomon Islands on board leave the regional Solomon Islands fishing zone, all measures must be taken to ensure the observer’s return to Solomon Islands as soon as possible at the expense of the shipowner. 7. If the observer is not present at the time and place agreed and during the twelve six hours following the time agreed, shipowners ship- owners shall be automatically absolved of their obligation to take the observer on board. 8. Observers shall be treated as officers. Where vessels are operating in Malagasy waters, they They shall carry out the fol- lowing following tasks: 8.1. observe the fishing activities of the vessels; 8.2. verify the position of vessels engaged in fishing operations; 8.3. perform biological sampling in the context of scientific programmes; 8.4. note the fishing gear used; 8.5. verify the catch data for Malagasy waters the Solomon Islands zone recorded in the logbook; 8.6. verify the percentages of by-catches and estimate the quantity of discards of species of marketable fin-fish, crusta- ceans, cephalopods and marine mammals; 8.7. report fishing data once a week by any appropriate means fishing dataradio, including the quantity of catches and by-catches on board, to their com- petent authority. 9. Skippers Masters shall do everything in their power to ensure the physical safety and welfare of observers during perfor- xxxxx performance of their duties. 10. Observers Similarly, as far as possible, they shall be offered every facility needed to carry out their duties. The skipper master shall give them access to the means of communication needed for the discharge of their duties, to documents directly concerned con- cerned with the vessel’s fishing activities, including in particular the logbook and the navigation log, and to those parts of the vessel neces- sary necessary to facilitate the exercise of their tasks as observer. 11. While on board, observers shall: 11.1. take all appropriate steps to ensure that the conditions of their boarding and presence on the vessel neither interrupt nor hamper fishing operations;, 11.2. respect the material and equipment on board and the confidentiality of all documents belonging to the said vessel. 12. At the end of the observation period and before leaving the vessel, observers shall draw up an activity report to be transmitted to the competent authoritiesPermanent Secretary, with a copy to the Delegation of the European Commission. They shall sign it in the pres- ence presence of the skippermaster, who may add or cause to be added to it any observations considered relevant, followed fol- lowed by the skippermaster’s signature. A copy of the report shall be handed to the skipper master when the observer is put ashore. 13. Shipowners shall bear the cost of accommodating observers in the same conditions as the officers, within the con- fines of the practical possibilities offered by officers on the vessel. 14. The salary and social contributions of the observer shall be borne by the competent authoritiesSolomon Islands Government. 15. The two Parties shall consult each other, and interested third parties, as soon as possible as regards the definition of a system of regional observers and the choice of the competent regional fisheries organisation. Pending the imple- mentation of a system of regional observers, vessels authorised to fish in Madagascar’s fishing zone under the Agree- ment shall take on board, instead of regional observers, observers designated by the competent Malagasy authorities in accordance with the rules set out above.

Observers. 1. At the moment of the vessel registration, all Community vessels shall contribute EUR 400 to a ‘Fisheries Observers Project Fund’ to be paid into the Kiribati Government account No 4 in accordance with Article 2(7) of the Protocol, cleared of any deductions. 2. Vessels authorised to fish in Malagasy Kiribati waters under the Agreement shall take on board observers appointed by the competent regional fisheries organisation WCPFC on the terms set out below. 1.1. At : — at the request of the competent authority, WCPFC Community vessels shall take on board an observer designated by the authority organisation in order to check catches made in Malagasy Kiribati waters. 1.2. The competent authority , — the WCPFC shall draw up a list of vessels designated to take an observer on board and a list of the appointed observers. These lists shall be kept up to date. They shall be forwarded to the European Commission as soon as they have been drawn up and every three months thereafter where they have been updated. 1.3. The competent authority , — the WCPFC shall inform the shipowners concerned, or their representativesagents, of the name of the observer appointed to be taken on board their vessel at the time the licence is issued, or no later than 15 days before the observ- erobserver’s planned embarkation date. (1) Of which at least 70 seamen of the total European fleet belonging to IOTC Member States. 23. The time spent on board by observers shall be one fishing trip. However, at the express request of the competent Malagasy authoritiesWCPFC, this embarkation may be spread over several trips according to the average duration of trip for a particular vessel. This request shall be made by the competent authority WCPFC when the name of the observer appointed to board the vessel in question is notified. 34. The conditions under which observers are taken on board shall be agreed between shipowners or their representa- tives agents and the competent authorityWCPFC. 45. Observers shall be taken on board at a port chosen by the shipowner at the beginning of the first voyage in Malagasy Kiribati waters after notification of the list of designated vessels. 56. Within two weeks and giving ten 10 days’ notice, the shipowners concerned shall make known at which ports in the subregion and on what dates they intend to take observers on board. 67. Where observers are taken on board in a country port outside the subregion, their travel costs shall be borne by the ship- owner. Should a vessel with a regional observer on board leave the regional fishing zonewaters, all measures must be taken to ensure the observer’s return as soon as possible at the expense of the shipowner. 78. If the observer is not present at the time and place agreed and during the twelve hours following the time agreed, shipowners shall be automatically absolved of their obligation to take the observer on board. 89. Observers shall be treated as officers. Where vessels are operating in Malagasy waters, they They shall carry out the fol- lowing following tasks: 8.1. : — observe the fishing activities of the vessels; 8.2. , — verify the position of vessels engaged in fishing operations; 8.3. , — perform biological sampling in the context of scientific programmes; 8.4. , — note the fishing gear used; 8.5. , — verify the catch data for Malagasy Kiribati waters recorded in the logbook; 8.6. , — verify the percentages of by-catches and estimate the quantity of discards of species of marketable fin-fish; 8.7. , — report fishing data by any appropriate means once a week while the vessel is fishing datain Kiribati waters, including the quantity of catches and by-catches on board, to their com- petent authority. 910. Skippers Masters shall do everything in their power to ensure the physical safety and welfare of observers during perfor- xxxxx performance of their duties. 1011. Observers As far as possible, observers shall be offered every facility needed to carry out their duties. The skipper master shall give them access to the means of communication needed for the discharge of their duties, to documents directly concerned with the vessel’s fishing activities, including in particular the logbook and the navigation log, and to those parts of the vessel neces- sary necessary to facilitate the exercise of their tasks as observer. 1112. While on board, observers shall: 11.1. : — take all appropriate steps to ensure that the conditions of their boarding and presence on the vessel neither interrupt nor hamper fishing operations; 11.2. , — respect the material and equipment on board and the confidentiality of all documents belonging to the vessel. 1213. At the end of the observation period and before leaving the vessel, observers shall draw up an activity report to be transmitted to the competent authoritiesWCPFC, with a copy to the European Commission. They shall sign it in the pres- ence master of the skipper, who may add or cause to be added to it any observations considered relevant, followed by the skipper’s signature. A copy of the report shall be handed to the skipper when the observer is put ashorevessel. 1314. Shipowners shall bear the cost of accommodating observers in the same conditions as the officers, within the con- fines of the practical possibilities offered by the vessel. 1415. The salary and social contributions of the observer shall be borne by the competent authoritiesWCPFC. 1516. The two Parties parties shall consult each other, and interested third parties, as soon as possible as regards the definition of a system of regional observers and the choice of the competent regional fisheries organisation. Pending the imple- mentation implemen- tation of a system of regional observers, vessels authorised to fish in Madagascar’s fishing zone Kiribati waters under the Agree- ment Agreement shall take on board, instead of regional observers, observers designated by the competent Malagasy Kiribati authorities in accordance with the rules set out above.

Observers. 1. At the time of lodging a fishing authorisation application, each Community vessel concerned shall contribute EUR 1 500 into Government Revenue Account No. 0260- 002 with the Central Bank of Solomon Islands, Honiara, specifically for the national observer’s programme. 2. Vessels authorised to fish in Malagasy Solomon Islands waters under the Agreement shall take on board observers appointed by the competent regional fisheries organisation Solomon Islands authorities on the terms set out below.: 1.1. At 2.1 at the request of the competent authoritySolomon Islands authorities, Community vessels shall take on board an observer designated by the authority organisation in order to check catches made in Malagasy waters.Xxxxxxx xxxxxx, 1.2. The competent authority 2.2 Xxxxxxx Islands authorities shall draw up a list of vessels designated to take an observer on board and a list of the appointed observers. These lists shall be kept up to date. They shall be forwarded to the European Commission as soon as they have been drawn up and every three months thereafter where they have been updated., 1.3. The competent authority 2.3 Solomon Islands authorities shall inform the shipowners concerned, or their representativesagents, of the name of the observer appointed to be taken on board their vessel at the time the licence fishing authorisation is issued, or no later than 15 days before the observ- erobserver’s planned embarkation date. (1) Of which at least 70 seamen of the total European fleet belonging to IOTC Member States. 23. The time spent on board by observers shall be one fishing tripfixed by the Solomon Islands authorities, but as a general rule it should not exceed the time required to carry out their duties. The Solomon Islands authorities shall inform the shipowners and their agents when notifying them of the observers appointed. However, at the express request of the competent Malagasy Solomon Islands authorities, this embarkation may be spread over several trips according to the average duration of trip for a particular vessel. This request shall be made by the competent authority Solomon Islands authorities when the name of the observer appointed to board the vessel in question is notified. 34. The conditions under which observers are taken on board shall be agreed between shipowners or their representa- tives agents and the competent authoritySolomon Islands authorities. 45. Observers shall be taken on board at in a port manner chosen by the shipowner at the beginning of the first voyage in Malagasy waters shipowners after notification of the list of designated vessels. 56. Within two weeks and giving ten days’ ' notice, the shipowners concerned shall make known at which ports in the subregion and on what dates they intend to take observers on board. 67. Where observers are taken on board in a country outside the subregionforeign port, their travel costs shall be borne by the ship- ownershipowner. Should a vessel with a regional Solomon Islands observer on board leave the regional Solomon Islands fishing zone, all measures must shall be taken to ensure the observer’s 's return as soon as possible at the expense of the shipowner. 78. If the observer is not present at the time and place agreed and during or within the twelve hours following the time agreed, shipowners shall be automatically absolved of their obligation to take the observer on board. 89. Observers shall be treated as officers. Where vessels are operating in Malagasy Solomon Islands waters, they shall carry out the fol- lowing following tasks: 8.1. 9.1 observe the fishing activities of the vessels; 8.2. 9.2 verify the position of vessels engaged in fishing operations; 8.3. 9.3 perform biological sampling in the context of scientific programmes; 8.4. 9.4 note the fishing gear used; 8.5. 9.5 verify the catch data for Malagasy Solomon Islands waters recorded in the logbook; 8.6. 9.6 verify the percentages of by-catches and estimate the quantity of discards of species of marketable fish; 8.7. 9.7 report by any appropriate means fishing data, including the quantity of catches and by-catches on board, to their com- petent competent authority. 910. Skippers Fishing masters/skippers shall do everything in their power to ensure the physical safety and welfare of observers during perfor- xxxxx performance of their duties. 1011. Observers shall be offered every facility needed to carry out their duties. The fishing master/skipper shall give them access to the means of communication needed for the discharge of their duties, to documents directly concerned with the vessel’s 's fishing activities, including in particular the logbook and the navigation log, and to those parts of the vessel neces- sary necessary to facilitate the exercise of their tasks as observertasks. 1112. While on board, observers shall: 11.1. 12.1 take all appropriate steps to ensure that the conditions of their boarding and presence on the vessel neither interrupt nor hamper fishing operations; 11.2. 12.2 respect the material and equipment on board and the confidentiality of all documents belonging to the vessel. 1213. At the end of the observation period and before leaving the vessel, observers shall draw up an activity report to be transmitted to the competent authorities, with a copy to the European Commission. They shall sign it in the pres- ence presence of the fishing master/skipper, who may add or cause to be added to it any observations considered relevant, followed by the master’s/skipper’s 's signature. A copy of the report shall be handed to the master/skipper when the observer is put ashore. 1314. Shipowners shall bear the cost of accommodating observers in the same conditions as the officers, within the con- fines confines of the practical possibilities offered by the vessel. 1415. The salary and social contributions of the observer observers shall be borne paid by the competent Solomon Islands authorities. 1516. The two Parties shall endeavour to consult each other, and interested third parties, as soon as possible other as regards the definition of a system of regional observers and the choice development of the regional or sub-regional observer programme, in consultations with Forum Fisheries Agency (FFA) and other competent regional fisheries organisationorganisations. 1. Pending the imple- mentation of a system of regional observersFor fisheries and marine safety purposes, vessels authorised to fish in Madagascar’s fishing zone under the Agree- ment every vessel shall take on board, instead of regional observers, observers designated by the competent Malagasy authorities be marked and identified in accordance with the rules set out aboveFood and Agricultural Organisation (FAO) approved standard specification for the marking and identification of fishing vessels. 2. The name of the vessel will be printed clearly in Latin characters on the bow and the xxxxx of the vessel. 3. Any vessel not displaying its name and radio call sign or signal letters in the prescribed manner may be escorted to a Solomon Islands port for further investigation. 4. A fishing master/skipper shall ensure the continuous monitoring of the international distress and calling frequency 2182 kHz (HF), and/or the international safety and calling frequency 156.8 MHz (Channel 16, VHF-FM) to facilitate communication with the fisheries management, surveillance and enforcement authorities of the Government. 5. A fishing master/skipper shall ensure that a recent and up to date copy of the International code of Signals (INTERCO) is on board and accessible at all times. Communication between the permitted vessels and the patrol vessels of the Government shall be made by international signal codes as follows: International Signal Code – Meaning: L Stop immediately SQ3 Stop or slow down, I wish to board your vessel QN Lay your vessel along the star board side of our vessel QN1 Lay your vessel along the port side of our vessel TD2 Are you a fishing vessel? C Yes N No QR We cannot lay our vessel alongside your vessel QP We will lay our vessel alongside your vessel 1. Entering and leaving the zone: 1.1 At least 24 hours in advance Community vessels shall notify the Solomon Islands authorities of their intention to enter or leave the Solomon Islands fishing zone. They shall also declare the overall quantities and the species on board. 1.2 When notifying their intention to leave, vessels shall also communicate their position and the volume and species in catches kept on board. These communications shall be made preferably by fax (+000.000.00 or +000.000.00) but failing this, in the case of vessels without a fax, by e-mail (xxxxxxxxx@xxxxxxxxx.xxx.xx). 1.3 Vessels not complying with these reporting requirements shall be regarded as vessels in breach of the terms and conditions of the fishing authorisation. 1.4 Vessels shall also be informed of the fax and telephone numbers and e-mail address when the fishing authorisation is issued. 2. Control procedures 2.1 Masters/skippers of Community fishing vessels engaged in fishing activities in Solomon Islands fishing zone shall allow and facilitate boarding and the discharge of their duties by any Solomon Islands official responsible for the inspection and control of fishing activities. 2.2 These officials shall not remain on board for longer than is necessary for the discharge of their duties. 2.3 Once the inspection and control has been completed, a certificate shall be issued to the master/skipper of the vessel.

Observers. 1. Vessels At the time of lodging a licence application, each Community vessel concerned shall contribute an observer placement fee as specified in Section 1(6)(h) of Chapter I of this Annex into the account named in Article 2(7) of the Protocol, specifically for the observer's programme. 2. Community vessels authorised to fish in Malagasy waters the FSM EEZ under the Agreement shall take on board observers appointed by the competent regional fisheries organisation XXXXX on the terms set out below.: 1.1. At (a) the request Executive Director shall determine each year the scope of the competent authority, Community vessels shall take programme for observation on board on the basis of the number of vessels authorised to fish in the waters under its jurisdiction and the state of the resources targeted by those vessels. It shall determine accordingly the number or percentage of vessels by category of fishery which shall be required to take an observer designated by on board; (b) the authority in order to check catches made in Malagasy waters. 1.2. The competent authority Executive Director shall draw up a list of vessels designated to take an observer on board and a list of the appointed observers. These lists shall be kept up to date. They shall be forwarded to the European Commission as soon as they have been drawn up and every three months thereafter where they have been updated.; 1.3. The competent authority (c) the Executive Director shall inform the shipowners concerned, or their representativesagents, of the name of the observer appointed his intentions to be taken take on board an appointed observer on their vessel vessels at the time the licence is issued, or no later than 15 days before the observ- er’s observer's planned embarkation datedate and whose name shall be notified as soon as possible. (1) Of which at least 70 seamen of the total European fleet belonging to IOTC Member States. 23. The time spent on board by observers shall be one fishing trip. However, at the express request of the competent Malagasy authorities, this embarkation may be spread over several trips according to the average duration of trip for a particular vessel. This request shall be made fixed by the competent authority Executive Director but, as a general rule, it should not exceed the time required to carry out their duties. The Executive Director shall inform the shipowners or their agents thereof when notifying them of the name of the observer appointed to board the vessel in question is notified. 3. The conditions under which observers are taken on board shall be agreed between shipowners or their representa- tives and the competent authority. 4. Observers shall be taken on board at a port chosen by the shipowner at the beginning of the first voyage in Malagasy waters after notification of the list of designated vesselsvessel concerned. 54. Within two weeks and giving ten 10 days’ ' notice, the shipowners concerned shall make known at which FSM ports in the subregion and on what dates they intend to take observers on board. 65. Where observers are taken on board in a country outside the subregionforeign port, their travel costs shall be borne by the ship- ownershipowner. Should a vessel with a regional an observer from FSM on board leave the regional fishing zoneFSM EEZ, all measures must be taken to ensure the observer’s 's return to the FSM as soon as possible at the expense of the shipownership owner. 76. If the observer is not present at the time and place agreed and during the twelve six hours following the time agreed, shipowners shall be automatically absolved of their obligation to take the observer on board. 87. Observers shall be treated as officers. Where vessels are operating in Malagasy waters, they They shall carry out the fol- lowing following tasks: 8.1. (a) observe the fishing activities of the vessels; 8.2. (b) verify the position of vessels engaged in fishing operations; 8.3. (c) perform biological sampling in the context of scientific programmes; 8.4. (d) note the fishing gear used; 8.5. (e) verify the catch data for Malagasy waters FSM EEZ recorded in the logbookcatch report; 8.6. (f) verify the percentages of by-catches and estimate the quantity of discards of species of marketable fin-fish, crustaceans, cephalopods and marine mammals; 8.7. (g) report fishing data once a week by any appropriate means fishing dataradio, including the quantity of catches and by-catches by‑catches on board, to their com- petent authority. 98. Skippers Captains and masters shall permit authorised observers of the FSM to board the authorised vessels operating within the FSM EEZ and shall do everything in their power to ensure the physical safety and welfare of observers during perfor- xxxxx performance of their duties.: 10. Observers (a) the captain or master shall be offered every facility needed allow and assist such authorised observer to board the vessel for scientific, monitoring, and other functions; (b) the captain or master shall assist the observer to have full access and to use facilities and equipment on board the vessel, which the authorised observer may determine necessary to carry out their the observer's duties. The skipper ; (c) observers shall give them have access to the means bridge, fish on board and areas, which may be used to hold, process, weigh and store fish; (d) observers may remove a reasonable number of communication needed samples and shall have full access to the vessel's records, including its logs, catch reports, and documentation for the discharge purpose of their duties, inspection and copying; and (e) observers shall be allowed to documents directly concerned with gather any other information relating to fisheries in the vessel’s fishing activities, including in particular the logbook and the navigation log, and to those parts of the vessel neces- sary to facilitate the exercise of their tasks as observerEEZ. 119. While on board, observers shall: 11.1. (a) take all appropriate steps to ensure that the conditions of their boarding and presence on the vessel neither interrupt nor hamper fishing operationsdoes not interfere in the normal operation of the vessel; 11.2. (b) respect the material and equipment on board and the confidentiality of all documents belonging to the said vessel. 1210. At the end of the observation period and before leaving the vessel, observers the observer shall draw up an activity report to be transmitted to the competent authorities, with a copy to the European Commission. They shall sign it signed in the pres- ence presence of the skipper, master who may add or cause to be added to it any observations provide additional comments considered relevant, followed by the skipper’s master's signature. A copy Copies of the report shall be handed provided to the skipper master when the observer is put ashoreashore and to the Delegation. 1311. Shipowners shall bear the cost of accommodating observers in the same conditions as the officers, within the con- fines of the practical possibilities offered by officers on the vessel. 1412. The salary and social contributions of the observer shall be borne by the competent authoritiesFSM Government. 15. The two Parties shall consult each other, and interested third parties, as soon as possible as regards the definition of a system of regional observers and the choice of the competent regional fisheries organisation. Pending the imple- mentation of a system of regional observers, vessels authorised to fish in Madagascar’s fishing zone under the Agree- ment shall take on board, instead of regional observers, observers designated by the competent Malagasy authorities in accordance with the rules set out above.

Observers. 1The Parties recognise the importance of respecting the obligations of relevant IOTC resolutions with regards to the Scientific Observer Programme and relevant Union and Seychelles laws and regulations, including electronic observation schemes. Vessels However, the modalities for the implementation of electronic observation schemes shall take into account the practical implications for the fleets and the time needed for the transition. Designated vessels and observers The Seychelles vessels authorised to fish in Malagasy waters Mayotte fishing zone shall, at the request of the Union authorities, embark one observer, in the context of a national or regional observer programme under the Agreement shall take on board observers appointed by the competent regional fisheries organisation on the terms set out below. 1.1. At the request of the competent authority, Community vessels shall take on board an observer designated by the authority in order to check catches made in Malagasy waters. 1.2. The competent authority embarkation of additional observers shall also be considered subject to a case by case agreement. The Union authorities shall draw up a list of Seychelles vessels designated to take embark an observer on board and a list of the appointed observers, while taking into account the characteristics of the vessels and possible space limitations due to security requirements. These lists The list shall be kept up to date. They shall be date and forwarded to the European Commission Seychelles authorities as soon as they have it has been drawn up up, and every three months thereafter where they have been each time it is updated. 1.3. The competent authority Union authorities shall inform communicate to the shipowners ship-owner or its agent of the Seychelles vessel concerned, or their representatives, of the name of the designated observer appointed to be taken on board their vessel at the time the licence is issued, or no not later than 15 days before the observ- er’s observer's planned embarkation date. (1) Of which at least 70 seamen of the total European fleet belonging to IOTC Member States. 2. Embarkation conditions The time spent on board by observers shall be one fishing tripfixed by Union or Member State authorities and, as general rule, shall not exceed the time required to carry out their duties. HoweverIn the context of a regional observer programme, at the express request of the competent Malagasy authorities, this embarkation observer may be spread over several trips according to the average duration of trip remain on board for a particular vesselmutually agreed extended period. This request The Union authorities shall be made by inform the competent authority Seychelles ship-owners or their agents thereof when notifying the name of the observer appointed to board the vessel in question is notified. 3designated observer. The conditions under which observers are taken on board for observers' embarkation shall be agreed between shipowners the ship-owners and Union or their representa- tives and Member State authorities after the competent authority. 4. Observers shall be taken on board at a port chosen by the shipowner at the beginning of the first voyage in Malagasy waters after notification of the list of designated vessels. 5observers. Within two weeks weeks, and upon giving ten days’ ' notice, the shipowners ship-owners of the Seychelles vessels concerned shall make known at which ports in the subregion port, and on what dates they intend to take observers on board. 6. Where observers are taken on board in a country outside the subregionforeign port, their travel costs shall be borne by the ship- ship-owner. Should a Seychelles vessel with a regional an observer designated by the Union authorities on board leave the regional fishing zoneUnion waters, all measures must shall be taken to ensure the observer’s return observer safely returns to the Union as soon as possible at the expense of the shipowner. 7ship-owner, unless the observer is continuing with the Seychelles vessel in the context of his observer duties through another Agreement or observer programme. If the observer is not present at the time and place agreed and during the twelve six hours following the time agreed, shipowners the Seychelles ship-owner shall be automatically absolved relieved of their the obligation to take the observer on board. 8. Seychelles ship-owners shall bear the cost of providing board and accommodation for observers in the same conditions as for the officers on board the vessel. Observers shall be treated as officers. Where vessels are operating in Malagasy waters, they The salary and applicable taxes of the observers shall carry out be borne by the fol- lowing tasks: 8.1competent French authorities. Observer's duties The observer shall observe and record the fishing activities of the vessels; 8.2. verify vessels for scientific purposes, in particular: – the species, quantity, size and condition of fish taken, including targeted species and by-catches, and of incidental catches of marine mammals, turtles and sea birds; – the method by which, the areas in which, and the depth at which, fish are taken; – the position of Seychelles vessels engaged in fishing operations; 8.3operations and the fishing gear used; – the catch data for Mayotte fishing zone recorded in the logbook, including the percentage of by-catches and an estimation of discards; – where relevant, processing, transhipment, storage, or disposal of any fish. The observer shall maintain a regular communication channel with the Union or Member State authorities, making use of the communication means available on board the Seychelles vessel. In addition, the observer may carry out other duties such as: – perform biological sampling in the context of a scientific programmes; 8.4. note programme; – monitor the impact of the fishing gear used; 8.5activities on the resource and on the environment; – collect information when encountering marine mammals (photographs, position of the vessel, census of the number of individuals, behaviour, etc.). verify the catch data for Malagasy waters recorded in the logbook; 8.6. verify the percentages The masters of by-catches and estimate the quantity of discards of species of marketable fish; 8.7. report by any appropriate means fishing data, including the quantity of catches and by-catches on board, to their com- petent authority. 9. Skippers Seychelles vessels shall do everything in their power to ensure the physical safety and welfare of observers during perfor- xxxxx of their duties. 10while on board. Observers The observers shall be offered every facility needed to carry out their duties. The skipper masters shall give them access to the means of communication needed for the discharge of their duties, to documents directly concerned with regarding the vessel’s 's fishing activities, including in particular the logbook and the navigation log, and to those parts of the vessel neces- sary necessary to facilitate the exercise performance of their tasks as observer. 11observers. Observer's obligations While on board, observers the observer shall: 11.1. : – take all appropriate steps to ensure that the conditions of their boarding and presence on the Seychelles vessel neither interrupt nor hamper fishing operations; 11.2. respect ; – take necessary care with regards to the material and equipment on board and board; – ensure the confidentiality of all data and documents belonging to regarding the vessel. 12Seychelles vessel and its activities and any information collected. At the end of the observation period embarkation and before leaving the Seychelles vessel, observers the observer shall draw up an activity report to be transmitted to the competent authorities, Union authorities with a copy to the European Commissioncompetent Seychelles authorities, within 15 days. They The report shall sign it in the pres- ence of the skipper, who may add or cause to be added to it any observations considered relevant, followed signed by the skipper’s signatureobserver. A copy of the report shall be handed to the skipper master when the observer is put ashore. 13. Shipowners shall bear leaves the cost of accommodating observers in the same conditions as the officers, within the con- fines of the practical possibilities offered by the Seychelles vessel. 14. The salary and social contributions of the observer shall be borne by the competent authorities. 15. The two Parties shall consult each other, and interested third parties, as soon as possible as regards the definition of a system of regional observers and the choice of the competent regional fisheries organisation. Pending the imple- mentation of a system of regional observers, vessels authorised to fish in Madagascar’s fishing zone under the Agree- ment shall take on board, instead of regional observers, observers designated by the competent Malagasy authorities in accordance with the rules set out above.

Observers. 1. Vessels authorised to fish in Malagasy Guinean waters under the Agreement shall take on board observers appointed by the competent regional fisheries organisation on the terms set out below.: 1.1. At the request of the competent authority, Community vessels shall take on board an observer designated by the authority in order to check catches made in Malagasy Guinean waters. 1.2. The competent authority shall draw up a list of vessels designated to take an observer on board and a list of the appointed observers. These lists shall be kept up to date. They shall be forwarded to the European Commission as soon as they have been drawn up and every three months thereafter where they have been updated. 1.3. The competent authority shall inform the shipowners concerned, or their representatives, of the name of the observer appointed to be taken on board their vessel at the time the licence fishing authorisation is issued, or no later than 15 days before the observ- erobserver’s planned embarkation date. (1) Of which at least 70 seamen of the total European fleet belonging to IOTC Member States. 2. The time spent on board by observers shall be one fishing trip. However, at the express request of the competent Malagasy Guinean authorities, this embarkation may be spread over several trips according to the average duration of trip for a particular vessel. This request shall be made by the competent authority when the name of the observer appointed to board the vessel in question is notified. 3. The conditions under which observers are taken on board shall be agreed between shipowners or their representa- tives represen­ tatives and the competent authority. 4. Observers shall be taken on board at a port chosen by the shipowner at the beginning of the first voyage trip in Malagasy Guinean waters after notification of the list of designated vessels. 5. Within two weeks and giving ten 10 days’ notice, the shipowners concerned shall make known at which ports in the subregion and on what dates they intend to take observers on board. 6. Where observers are taken on board in a country outside the subregion, their travel costs shall be borne by the ship- ownershipowner. Should a vessel with a regional observer on board leave the regional fishing zone, all measures must shall be taken to ensure the observer’s return as soon as possible at the expense of the shipowner. 7. If the observer is not present at the time and place agreed and during or within the twelve 12 hours following the time agreed, shipowners shall be automatically absolved of their obligation to take the observer on board. 8. Observers shall be treated as officers. Where vessels are operating in Malagasy Guinean waters, they shall carry out the fol- lowing following tasks: 8.1. observe the fishing activities of the vessels; 8.2. verify the position of vessels engaged in fishing operations; 8.3. perform biological sampling in the context of scientific programmes; 8.4. note the fishing gear used; 8.5. verify the catch data for Malagasy Guinean waters recorded in the logbook; 8.6. verify the percentages of by-catches and estimate the quantity of discards of species of marketable fish; 8.7. report by any appropriate means fishing data, including the quantity of catches and by-catches on board, to their com- petent competent authority. 9. Skippers shall do everything in their power to ensure the physical safety and welfare of observers during perfor- xxxxx performance of their duties. 10. Observers shall be offered every facility needed to carry out their duties. The skipper shall give them access to the means of communication needed for the discharge of their duties, to documents directly concerned with the vessel’s fishing activities, including in particular the logbook and the navigation log, and to those parts of the vessel neces- sary necessary to facilitate the exercise of their tasks as observertasks. 11. While on board, observers shall: 11.1. take all appropriate steps to ensure that the conditions of their boarding and presence on the vessel neither interrupt nor hamper fishing operations; 11.2. respect the material and equipment on board and the confidentiality of all documents belonging to the vessel. 12. At the end of the observation period and before leaving the vessel, observers shall draw up an activity report to be transmitted to the competent authorities, with a copy to the European Commission. They shall sign it in the pres- ence presence of the skipper, who may add or cause to be added to it any observations considered relevant, followed by the skipper’s signature. A copy of the report shall be handed to the skipper when the scientific observer is put ashore. 13. Shipowners shall bear the cost of accommodating observers in the same conditions as the officers, within the con- fines confines of the practical possibilities offered by the vessel. 14. The salary and social contributions of the observer observers shall be borne paid by the competent authoritiesMinistry responsible for fisheries. Shipowners shall pay the Centre National de Surveillance et de Protection des Pêches EUR 15 for each day spent by an observer on board a vessel. 15. The two Parties shall consult each other, and interested third parties, as soon as possible as regards the definition of a system of regional observers and the choice of the competent regional fisheries organisation. Pending the imple- mentation implemen­ tation of a system of regional observers, vessels authorised to fish in MadagascarGuinea’s fishing zone under the Agree- ment Agreement shall take on board, instead of regional observers, observers designated by the competent Malagasy Guinean authorities in accordance with the rules set out above.

Observers. Observation of fishing activities 1. Vessels The Parties recognise the importance of respecting the obligations of relevant IOTC resolutions with regards to the Scientific Observer Programme and relevant Seychelles' laws and regulations, including electronic observation schemes. However, the modalities for the implementation of electronic observation schemes shall take into account the practical implications for the fleets and the time needed for the transition to such schemes. Designated vessels and observers 2. The Union purse seine vessels authorised to fish in Malagasy waters the Seychelles fishing zone under the Agreement shall take on board observers appointed by shall, at the competent request of the Seychelles authorities, embark one observer, in the context of a national or regional fisheries organisation on observation programme under the terms set out belowin this Chapter. The embarkation of additional observers shall also be considered subject to a case by case agreement. 1.1. At the request of the competent authority, Community vessels shall take on board an observer designated by the authority in order to check catches made in Malagasy waters. 1.23. The competent authority Seychelles authorities shall draw up a list of Union purse seine vessels designated to take embark an observer on board and a list of the appointed observers, while taking into account the characteristics of the vessels and possible space limitations due to security requirements. These lists The list shall be kept up to date. They shall be date and forwarded to the European Commission Union authorities as soon as they have it has been drawn up up, and every three months thereafter where they have been each time it is updated. 1.34. The competent authority Seychelles authorities shall inform the shipowners concerned, or their representatives, of communicate the name of the designated observer appointed to be taken on board their the agent of the Union vessel at the time the licence is issued, or no concerned not later than 15 days before the observ- er’s observer's planned embarkation date.. Embarkation conditions (1) Of which at least 70 seamen of the total European fleet belonging to IOTC Member States. 25. The time spent on board by observers shall be one fishing tripfixed by the Seychelles authorities and, as a general rule, shall not exceed the time required to carry out their duties. HoweverIn the context of a regional observers programme, at the express request observer may remain on board for a mutually agreed extended period. The Seychelles authorities shall inform the agent of the competent Malagasy authorities, this embarkation may be spread over several trips according to the average duration of trip for a particular vessel. This request shall be made by the competent authority Union vessel thereof when notifying the name of the observer appointed to board the vessel in question is notifieddesignated observer. 36. The conditions under which for embarkation of observers are taken on board shall be agreed between shipowners or their representa- tives the ship-owners and the competent authority. 4. Observers shall be taken on board at a port chosen by Seychelles authorities after the shipowner at the beginning of the first voyage in Malagasy waters after notification of the list of designated vesselsobservers. 57. Within Where observers are to be embarked in Seychelles, within two weeks and giving ten 10 days’ ' notice, the shipowners ship-owners concerned shall make known at which ports in the subregion port or location, and on what dates they intend to take observers on boardbe embarked. 68. Where observers are taken on board to be embarked in a country outside the subregionforeign port, their travel costs shall be borne by the ship- ship-owner. Should If a vessel with a regional an observer from Seychelles on board leave the regional fishing zoneleaves Seychelles waters, all measures must shall be taken to ensure the observer’s safe return of the observer to Seychelles as soon as possible at the expense of the shipownership-owner. 79. If the an observer is not present at the time and place agreed and or during the twelve six hours following the time agreed, shipowners ship-owners shall be automatically absolved relieved of their obligation to take embark the observer on boardobserver. 810. Ship-owners shall bear the cost of providing board and accommodation for observers in the same conditions as for the officers on board the vessel. 11. Observers shall be treated as officers. 12. Where vessels are operating in Malagasy waters, they The salary and applicable taxes of the observers shall carry out be borne by the fol- lowing tasks:competent Seychelles authorities. Observers' duties 8.113. Observers shall observe and record the fishing activities of the vessels; 8.2. verify vessels for scientific purposes, in particular: – the species, quantity, size and condition of fish taken, – the method by which, the areas in which, and the depth at which, fish are taken, – the position of Union vessels engaged in fishing operations;operations and the fishing gear used, – the catch data for the Seychelles fishing zone recorded in the logbook, including the percentage of by-catches and an estimation of discards, – where relevant, processing, transhipment, storage, or disposal of any fish. 8.314. Observers shall maintain a regular communication channel with the Seychelles authorities, making use of the communication means available on board the Union vessel. 15. In addition, observers may carry out other duties such as: – perform biological sampling in the context of a scientific programmes; 8.4. note programme, – monitor the impact of the fishing gear used; 8.5. verify activities on the catch data for Malagasy waters recorded in resource and on the logbook; 8.6. verify the percentages of by-catches and estimate the quantity of discards of species of marketable fish; 8.7. report by any appropriate means fishing data, including the quantity of catches and by-catches on board, to their com- petent authorityenvironment. 916. Skippers The masters of Union vessels shall do everything in their power reasonably practicable to ensure the physical safety and welfare of observers during perfor- xxxxx of their dutieswhile on board. 1017. Observers shall be offered every facility needed to carry out their duties. The skipper master of the Union vessel shall give them access to the means of communication needed for the discharge of their duties, to documents directly concerned with regarding the vessel’s 's fishing activities, including in particular the logbook and the navigation log, and to those parts of the vessel neces- sary necessary to facilitate the exercise performance of their tasks as observer.observers. Observers' obligations 1118. While on board, observers shall: 11.1. : – take all appropriate steps to ensure that the conditions of their boarding and presence on the Union vessel neither interrupt nor hamper fishing operations; 11.2. respect , – take necessary care with regards to the material and equipment on board and board, – ensure the confidentiality of all data and documents belonging to regarding the vesselUnion vessel and its activities and any information collected. 1219. At the end of the observation period embarkation and before leaving the Union vessel, observers the observer shall draw up an activity report to be transmitted to the competent Seychelles authorities, with a copy to the European CommissionUnion authorities within 15 days. They The report shall sign it in the pres- ence of the skipper, who may add or cause to be added to it any observations considered relevant, followed signed by the skipper’s signatureobserver. A copy of the report shall be handed to the skipper master of the Union vessel when the observer is put ashore. 13. Shipowners shall bear the cost of accommodating observers in the same conditions as the officers, within the con- fines of the practical possibilities offered by the leaves that vessel. 14. The salary and social contributions of the observer shall be borne by the competent authorities. 15. The two Parties shall consult each other, and interested third parties, as soon as possible as regards the definition of a system of regional observers and the choice of the competent regional fisheries organisation. Pending the imple- mentation of a system of regional observers, vessels authorised to fish in Madagascar’s fishing zone under the Agree- ment shall take on board, instead of regional observers, observers designated by the competent Malagasy authorities in accordance with the rules set out above.

Observers. Observation of fishing activities 1. Vessels authorised holding a fishing authorisation shall be subject to fish in Malagasy waters under a scheme for observing their fishing activities carried out within the Agreement shall take on board observers appointed by framework of the competent regional fisheries organisation on the terms set out belowAgreement. 1.12. At This observation scheme shall conform to the recommendations adopted by ICCAT. 3. Until such time as the new ICCAT Regional Observer Programme becomes operational, the following provisions on observers shall apply. Designated vessels and observers 4. The BNF shall designate the Union vessels which must allow an observer to embark and the observer assigned to them at the latest 15 calendar days before the date provided for the embarkation of the observer. Union vessels shall, at the request of the competent authorityLiberian authorities, Community vessels shall take on board an one observer designated by the authority in order to check catches made in Malagasy watersreach the cover rate of 15 % of authorised vessels. 1.25. The competent authority BNF shall draw up a list of vessels designated to take an observer on board and a list of the appointed observers. These Those lists shall be kept up to date. They shall be forwarded to the European Commission Union as soon as they have been drawn up and every three months thereafter where when they have been updated. 1.36. The competent authority When the fishing authorisation is issued, the BNF shall inform the shipowners concernedUnion and the vessel owner, or their representativeshis agent, of the name of designated vessels and the observer appointed to observers which will be taken present on board their each vessel. The time and port of embarkation, which may be a non-Liberian port, shall be chosen by the vessel-owner. The BNF shall immediately inform the Union and the vessel at owner or his agent of any change in the time the licence is issueddesignated vessels and observers. 7. The BNF shall endeavour not to designate observers for vessels which already have an observer on board, or no later which are already formally obliged to allow an observer to embark during the fishing season in question as part of their activities in fishing zones other than 15 days before the observ- er’s planned embarkation dateLiberian fishing zone. (1) Of which at least 70 seamen of the total European fleet belonging to IOTC Member States. 28. The time spent on board by observers shall be one fishing trip. Howevertrip or, at the express request of the competent Malagasy authoritiesvessel-owner, this embarkation may be spread over several trips according to the average duration of more than one fishing trip for a particular vessel. This request shall be made by the competent authority when the name of the observer appointed to board the vessel in question is notified. 3. The conditions under which observers are taken on board shall be agreed between shipowners or their representa- tives and the competent authority. 4. Observers shall be taken on board at a port chosen by the shipowner at the beginning of the first voyage in Malagasy waters after notification of the list of designated vessels. 5. Within two weeks and giving ten days’ notice, the shipowners concerned shall make known at which ports in the subregion and on what dates they intend to take observers on board. 6. Where observers are taken on board in a country outside the subregion, their travel costs shall be borne by the ship- owner. Should a vessel with a regional observer on board leave the regional fishing zone, all measures must be taken to ensure the observer’s return as soon as possible at the expense of the shipowner. 7. If the observer is not present at the time and place agreed and during the twelve hours following the time agreed, shipowners shall be automatically absolved of their obligation to take the observer on board. 8. Observers shall be treated as officers. Where vessels are operating in Malagasy waters, they shall carry out the fol- lowing tasks: 8.1. observe the fishing activities of the vessels; 8.2. verify the position of vessels engaged in fishing operations; 8.3. perform biological sampling in the context of scientific programmes; 8.4. note the fishing gear used; 8.5. verify the catch data for Malagasy waters recorded in the logbook; 8.6. verify the percentages of by-catches and estimate the quantity of discards of species of marketable fish; 8.7. report by any appropriate means fishing data, including the quantity of catches and by-catches on board, to their com- petent authority. 9. Skippers The observers shall do everything in their power to ensure not spend more time on board the physical safety and welfare of observers during perfor- xxxxx of their duties. 10. Observers shall be offered every facility needed vessel than is necessary to carry out their duties. The skipper shall give them access to the means of communication needed for the discharge of their duties, to documents directly concerned with the vessel’s fishing activities, including in particular the logbook and the navigation log, and to those parts of the vessel neces- sary to facilitate the exercise of their tasks as observer.Flat-rate financial contribution 11. While on board, observers shall: 11.1. take all appropriate steps to ensure that the conditions of their boarding and presence on the vessel neither interrupt nor hamper fishing operations; 11.2. respect the material and equipment on board and the confidentiality of all documents belonging to the vessel. 1210. At the end time the annual advance fee is paid, the vessel owner shall also pay Liberia a flat-rate sum of the observation period and before leaving the EUR 400 per year for each vessel, observers shall draw up an activity report to be transmitted to the competent authorities, with a copy to the European Commission. They shall sign it in the pres- ence of the skipper, who may add or cause to be added to it any observations considered relevant, followed by the skipper’s signature. A copy of the report shall be handed to the skipper when the observer is put ashore.Observer's salary 13. Shipowners shall bear the cost of accommodating observers in the same conditions as the officers, within the con- fines of the practical possibilities offered by the vessel. 1411. The salary and social contributions of the observer shall be borne by Liberia. Embarkation conditions 12. The embarkation conditions for the competent authoritiesobserver, in particular the duration of presence on board, shall be defined by mutual agreement between the vessel owner or his agent and the BNF. 13. Observers shall be treated on board as officers. However, receiving the observer on board shall take into account the technical structure of the vessel. 14. The vessel owner shall bear the costs of providing accommodation and food for the observer on board, including access to washing and toilet facilities, of a quality at least as good as that supplied to officers on the fishing vessel. 15. The two Parties master shall consult each othertake all the measures for which he is responsible to guarantee the physical safety and general wellbeing of the observer. 16. The master shall ensure that the observer has access to the facilities, gear and equipment on board the vessel which the observer needs to carry out his duties, including: (i) the bridge and the communications and navigation equipment of the vessel; (ii) the documents and records, including all logbooks of the vessel, whether required to be carried and maintained under Liberia Fisheries Regulation or otherwise for purposes of record inspection and copying; 17. The master shall permit the observer at all times to: (i) receive and transmit messages and communicate with the shore and other vessels by means of the vessel's communications equipment; (ii) take, measure, remove from the vessel and retain samples or whole specimens of any fish; (iii) store samples and whole specimens on the vessel, including samples and whole specimens held in the vessel's freezing facilities; (iv) take photographs of the fishing activities, including fish, gear, equipment, documents, charts and records, and interested third partiesremove from the vessel such photographs or film as the observer may have taken or used on board the vessel. Observer's obligations 18. Whilst they are on board observers shall: (a) take all appropriate measures so as not to interrupt or hinder fishing operations; (b) respect on-board property and equipment; (c) respect the confidential nature of any document belonging to the vessel. Embarkation and landing of observers 19. The vessel owner or his agent shall notify Liberia, with a notice period of ten calendar days before the embarkation, of the date, time and port of embarkation of the observer. If the observer is embarked in a foreign country, their travel costs to the port of embarkation shall be borne by the vessel owner. 20. If the observer does not arrive to embark within 12 hours of the date and time set, the vessel owner shall be auto­ matically discharged from his obligation to allow the observer to embark. The vessel shall be free to leave the port and start fishing operations. 21. Where the observer is not disembarked in a Liberian port, the vessel owner shall bear the costs of repatriation of the observer to Liberia as soon as possible as regards possible. 22. If the definition vessel does not arrive at the agreed time at the previously agreed port to receive an observer, the ship-owner shall pay the costs at a daily subsistence rate of a system EUR 80 for the number of regional observers days relating to the observer's inability to board while waiting at the port (accommodation, food, etc.). 23. If the vessel fails to appear, without having provided the BNF and the choice of the competent regional fisheries organisation. Pending the imple- mentation of a system of regional observersNFMC with prior notification, vessels authorised to fish in Madagascar’s fishing zone under the Agree- ment shall Liberia may take on board, instead of regional observers, observers designated by the competent Malagasy authorities appropriate action in accordance with the rules set applicable Liberian legislation. Observer's duties 24. The observer shall carry out abovethe following duties: (a) observe the fishing activities of the vessel; (b) the species, quantity, size and condition of fish taken; (c) the methods by which, the areas in which, and the depths at which, fish are taken; (d) the effects of fishing methods on fish, and the environment; (e) processing, transportation, transhipment, storage, or disposal of any fish; (f) verify the position of the vessel during fisheries operations; (g) perform biological sampling in the context of a scientific programme; (h) note the fishing gear used; (i) verify the catch data for the Liberian fishing zone recorded in the logbook; (j) verify the percentages of by-catch and estimate the discarded catch; (k) communicate observations by radio, fax or e-mail at least once a week while the vessel is fishing in the Liberian fishing zone, including the quantity of catch and by-catch on board. Observer's report 25. Before leaving the vessel, the observer shall submit a summary report of his observations to the master of the vessel, the content of which shall be agreed on by the Joint Committee. The master of the vessel shall have the right to make comments in the observer's report. The report shall be signed by the observer and the master. The master shall receive a copy of the observer's report. 26. The observer shall send his report to the BNF, which shall send a copy of it to the Union within 15 calendar days of the observer's disembarkation. 27. The information contained in the observer report may be used for both science and compliance analysis by the competent Liberian and Union authorities.

Observers. 1. At the time of lodging a fishing authorisation application, each EU vessel concerned shall contribute EUR 1 500 into Government Revenue Account No 0260-002 with the Central Bank of Solomon Islands, Honiara, specifically for the national observer’s programme. 2. Vessels authorised to fish in Malagasy Solomon Islands waters under the Agreement shall take on board observers appointed by the competent regional fisheries organisation Solomon Islands authorities on the terms set out below.: 1.12.1. At at the request of the competent authoritySolomon Islands authorities, Community EU vessels shall take on board an observer designated by the authority organisation in order to check catches made in Malagasy waters.Xxxxxxx xxxxxx, 1.22.2. The competent authority Solomon Islands authorities shall draw up a list of vessels designated to take an observer on board and a list of the appointed observers. These lists shall be kept up to date. They shall be forwarded to the European Commission as soon as they have been drawn up and every three months thereafter where they have been updated., 1.32.3. The competent authority Solomon Islands authorities shall inform the shipowners concerned, or their representativesagents, of the name of the observer appointed to be taken on board their vessel at the time the licence fishing authorisation is issued, or no later than 15 days before the observ- erobserver’s planned embarkation date. (1) Of which at least 70 seamen of the total European fleet belonging to IOTC Member States. 23. The time spent on board by observers shall be one fishing tripfixed by the Solomon Islands authorities, but as a general rule it should not exceed the time required to carry out their duties. The Solomon Islands authorities shall inform the shipowners and their agents when notifying them of the observers appointed. However, at the express request of the competent Malagasy Solomon Islands authorities, this embarkation may be spread over several trips according to the average duration of trip for a particular vessel. This request shall be made by the competent authority Solomon Islands authorities when the name of the observer appointed to board the vessel in question is notified. 34. The conditions under which observers are taken on board shall be agreed between shipowners or their representa- tives agents and the competent authoritySolomon Islands authorities. 45. Observers shall be taken on board at in a port manner chosen by the shipowner at the beginning of the first voyage in Malagasy waters shipowners after notification of the list of designated vessels. 56. Within two weeks and giving ten days’ notice, the shipowners concerned shall make known at which ports in the subregion and on what dates they intend to take observers on board. 67. Where observers are taken on board in a country outside the subregionforeign port, their travel costs shall be borne by the ship- ownershipowner. Should a vessel with a regional Solomon Islands observer on board leave the regional Solomon Islands fishing zone, all measures must shall be taken to ensure the observer’s return as soon as possible at the expense of the shipowner. 78. If the observer is not present at the time and place agreed and during or within the twelve hours following the time agreed, shipowners shall be automatically absolved of their obligation to take the observer on board. 89. Observers shall be treated as officers. Where vessels are operating in Malagasy Solomon Islands waters, they shall carry out the fol- lowing following tasks: 8.19.1. observe the fishing activities of the vessels; 8.29.2. verify the position of vessels engaged in fishing operations; 8.39.3. perform biological sampling in the context of scientific programmes; 8.49.4. note the fishing gear used; 8.59.5. verify the catch data for Malagasy Solomon Islands waters recorded in the logbook; 8.69.6. verify the percentages of by-catches and estimate the quantity of discards of species of marketable fish; 8.79.7. report by any appropriate means fishing data, including the quantity of catches and by-catches on board, to their com- petent competent authority. 910. Skippers Fishing masters/skippers shall do everything in their power to ensure the physical safety and welfare of observers during perfor- xxxxx performance of their duties. 1011. Observers shall be offered every facility needed to carry out their duties. The fishing master/skipper shall give them access to the means of communication needed for the discharge of their duties, to documents directly concerned with the vessel’s fishing activities, including in particular the logbook and the navigation log, and to those parts of the vessel neces- sary necessary to facilitate the exercise of their tasks as observertasks. 1112. While on board, observers shall: 11.112.1. take all appropriate steps to ensure that the conditions of their boarding and presence on the vessel neither interrupt nor hamper fishing operations; 11.212.2. respect the material and equipment on board and the confidentiality of all documents belonging to the vessel. 1213. At the end of the observation period and before leaving the vessel, observers shall draw up an activity report to be transmitted to the competent authorities, with a copy to the European Commission. They shall sign it in the pres- ence presence of the fishing master/skipper, who may add or cause to be added to it any observations considered relevant, followed by the master’s/skipper’s signature. A copy of the report shall be handed to the master/skipper when the observer is put ashore. 1314. Shipowners shall bear the cost of accommodating observers in the same conditions as the officers, within the con- fines confines of the practical possibilities offered by the vessel. 1415. The salary and social contributions of the observer observers shall be borne paid by the competent Solomon Islands authorities. 1516. The two Parties shall endeavour to consult each other, and interested third parties, as soon as possible other as regards the definition of a system of regional observers and the choice development of the regional or sub-regional observer programme, in consultations with Forum Fisheries Agency (FFA) and other competent regional fisheries organisationorganisations. 1. Pending the imple- mentation of a system of regional observersFor fisheries and marine safety purposes, vessels authorised to fish in Madagascar’s fishing zone under the Agree- ment every vessel shall take on board, instead of regional observers, observers designated by the competent Malagasy authorities be marked and identified in accordance with the rules set out aboveFood and Agricultural Organisation (FAO) approved standard specification for the marking and identification of fishing vessels. 2. The name of the vessel will be printed clearly in Latin characters on the bow and the xxxxx of the vessel. 3. Any vessel not displaying its name and radio call sign or signal letters in the prescribed manner may be escorted to a Solomon Islands port for further investigation. 4. A fishing master/skipper shall ensure the continuous monitoring of the international distress and calling frequency 2 182 kHz (HF), and/or the international safety and calling frequency 156.8 MHz (Channel 16, VHF-FM) to facilitate communication with the fisheries management, surveillance and enforcement authorities of the Government. 5. A fishing master/skipper shall ensure that a recent and up to date copy of the International code of Signals (INTERCO) is on board and accessible at all times. Communication between the permitted vessels and the patrol vessels of the Government shall be made by international signal codes as follows: International Signal Code – Meaning: L Stop immediately SQ3 Stop or slow down, I wish to board your vessel QN Lay your vessel along the star board side of our vessel QN1 Lay your vessel along the port side of our vessel TD2 Are you a fishing vessel? C Yes N No QR We cannot lay our vessel alongside your vessel QP We will lay our vessel alongside your vessel

Observers. 1. Vessels Both Parties recognize the importance of respecting the obligations of IOTC Resolution with regard to the Scientific Observer Programme. 2. A vessel authorised to fish in Malagasy Seychelles waters under the this Agreement shall take on board observers appointed by the competent regional fisheries organisation on the terms set out below. 1.1. At the request Seychelles Authority However, technical aspects of the competent authority, Community vessel will be taken into account before receiving the observer on board. The provisions relating to the embarkation of observers are as follows: (a) Mauritius vessels shall take on board an observer designated by one observer, in the authority in order to check catches made in Malagasy waters.context of a regional o r n a t i o n a l observation programme; 1.2. The competent authority (b) the Seychelles Authority shall draw up a list of Mauritius vessels designated to take an observer on board and a list of the appointed observers. These Those lists shall be kept up to date. They shall be forwarded to the European Commission Mauritius as soon as they have been drawn up up, and every three months thereafter thereafter, where they have been updated.; and 1.3. The competent authority (c) t he Seychelles Authority shall inform the shipowners owner of a Mauritius vessel concerned, or their representativesits agent, of the name of the observer appointed to be taken on board their the vessel at the time the licence is issued, or no not later than 15 days before the observ- er’s observer's planned embarkation date. (1) Of which at least 70 seamen of the total European fleet belonging to IOTC Member States. 23. The time spent on board a M a u r i t i u s v e s s e l by observer shall not exceed the time required to carry out their duties, unless the observers shall be one fishing trip. However, at are appointed in the express request context of regional Observer Programmes where he/she may remain on board to undertake his/her duties in the context of the competent Malagasy authorities, this embarkation may be spread over several trips according to Programme. The Seychelle s Au thority shall inform the average duration owner of trip for a particular vessel. This request shall be made by the competent authority Mauritius vessel or its agent thereof when notifying it of the name of the observer appointed to be taken on board the Mauritius vessel in question is notifiedconcerned. 34. The conditions under which observers are an observer is taken on board shall be agreed between shipowners ship owners or their representa- tives t he i r agent and the competent authority. 4. Observers shall be taken on board at a port chosen by the shipowner at the beginning of the first voyage in Malagasy waters Seychelles Authority after notification of the list of designated Mauritius vessels. 5. Within two weeks and upon giving not less than ten (10) days’ ' written notice, the shipowners concerned ship owner of a Mauritius vessel c o n c e r n e d shall make known at which ports in the subregion port and on what dates they intend date it intends to take observers an observer on board. 6. Where observers are taken on board in a country outside the subregionforeign port, their travel costs shall be borne by the ship- ownerowner of the vessel. Should a Mauritius vessel with a regional an observer from Seychelles on board leave the regional fishing zoneSeychelles waters, all measures must be taken to ensure the observer’s return observer returns to Seychelles as soon as possible at the expense of the shipownerowner of the vessel, unless the observer is continuing with the Mauritius vessel in the context of his observer duties through another agreement or observer programme. 7. If the observer is not present at the time and place agreed and during the twelve (12) hours following the time agreed, shipowners the owner of the Mauritius vessel shall be automatically absolved of their the obligation to take the observer on board. 8. Observers shall be treated as officers. Where vessels are operating in Malagasy waters, they They shall carry out the fol- lowing following tasks: 8.1. (a) observe the fishing activities of the Mauritius vessels; 8.2. (b) verify the position of Mauritius vessels engaged in fishing operations; 8.3. perform biological sampling in the context of scientific programmes; 8.4. (c) note the fishing gear used; 8.5. verify the catch data for Malagasy waters recorded in the logbook(d) note deployment of Fish Aggregating Devices including type of FADs and beacon used; 8.6. verify the percentages of by-catches and estimate the quantity of discards of species of marketable fish; 8.7. report by any appropriate means fishing data, including the quantity of catches and by-catches on board, to their com- petent authority. 9. Skippers shall do everything in their power to ensure the physical safety and welfare of observers during perfor- xxxxx of their duties. 10. Observers shall be offered every facility needed to carry out their duties. The skipper shall give them access to the means of communication needed for the discharge of their duties, to documents directly concerned with the vessel’s fishing activities, including in particular the logbook and the navigation log, and to those parts of the vessel neces- sary to facilitate the exercise of their tasks as observer. 11. While on board, observers shall: 11.1. take all appropriate steps to ensure that the conditions of their boarding and presence on the vessel neither interrupt nor hamper fishing operations; 11.2. respect the material and equipment on board and the confidentiality of all documents belonging to the vessel. 12. At the end of the observation period and before leaving the vessel, observers shall draw up an activity report to be transmitted to the competent authorities, with a copy to the European Commission. They shall sign it in the pres- ence of the skipper, who may add or cause to be added to it any observations considered relevant, followed by the skipper’s signature. A copy of the report shall be handed to the skipper when the observer is put ashore. 13. Shipowners shall bear the cost of accommodating observers in the same conditions as the officers, within the con- fines of the practical possibilities offered by the vessel. 14. The salary and social contributions of the observer shall be borne by the competent authorities. 15. The two Parties shall consult each other, and interested third parties, as soon as possible as regards the definition of a system of regional observers and the choice of the competent regional fisheries organisation. Pending the imple- mentation of a system of regional observers, vessels authorised to fish in Madagascar’s fishing zone under the Agree- ment shall take on board, instead of regional observers, observers designated by the competent Malagasy authorities in accordance with the rules set out above.

Observers. Observation of fishing activities 1. Vessels The Parties recognise the importance of respecting the obligations of relevant IOTC resolutions with regards to the Scientific Observer Programme and relevant Seychelles' laws and regulations, including electronic observation schemes. However, the modalities for the implementation of electronic observation schemes shall take into account the practical implications for the fleets and the time needed for the transition to such schemes. Designated vessels and observers 2. The Union purse seine vessels authorised to fish in Malagasy waters the Seychelles fishing zone under the Agreement shall take on board observers appointed by shall, at the competent request of the Seychelles authorities, embark one observer, in the context of a national or regional fisheries organisation on observation programme under the terms set out belowin this Chapter. The embarkation of additional observers shall also be considered subject to a case by case agreement. 1.1. At the request of the competent authority, Community vessels shall take on board an observer designated by the authority in order to check catches made in Malagasy waters. 1.23. The competent authority Seychelles authorities shall draw up a list of Union purse seine vessels designated to take embark an observer on board and a list of the appointed observers, while taking into account the characteristics of the vessels and possible space limitations due to security requirements. These lists The list shall be kept up to date. They shall be date and forwarded to the European Commission Union authorities as soon as they have it has been drawn up up, and every three months thereafter where they have been each time it is updated. 1.34. The competent authority Seychelles authorities shall inform the shipowners concerned, or their representatives, of communicate the name of the designated observer appointed to be taken on board their the agent of the Union vessel at the time the licence is issued, or no concerned not later than 15 days before the observ- er’s observer's planned embarkation date.. Embarkation conditions (1) Of which at least 70 seamen of the total European fleet belonging to IOTC Member States. 25. The time spent on board by observers shall be one fishing tripfixed by the Seychelles authorities and, as a general rule, shall not exceed the time required to carry out their duties. HoweverIn the context of a regional observers programme, at the express request observer may remain on board for a mutually agreed extended period. The Seychelles authorities shall inform the agent of the competent Malagasy authorities, this embarkation may be spread over several trips according to the average duration of trip for a particular vessel. This request shall be made by the competent authority Union vessel thereof when notifying the name of the observer appointed to board the vessel in question is notifieddesignated observer. 36. The conditions under which for embarkation of observers are taken on board shall be agreed between shipowners or their representa- tives the ship-owners and the competent authority. 4. Observers shall be taken on board at a port chosen by Seychelles authorities after the shipowner at the beginning of the first voyage in Malagasy waters after notification of the list of designated vesselsobservers. 57. Within Where observers are to be embarked in Seychelles, within two weeks and giving ten 10 days’ ' notice, the shipowners ship-owners concerned shall make known at which ports in the subregion port or location, and on what dates they intend to take observers on boardbe embarked. 68. Where observers are taken on board to be embarked in a country outside the subregionforeign port, their travel costs shall be borne by the ship- ship-owner. Should If a vessel with a regional an observer from Seychelles on board leave the regional fishing zoneleaves Seychelles waters, all measures must shall be taken to ensure the observer’s safe return of the observer to Seychelles as soon as possible at the expense of the shipownership-owner. 79. If the an observer is not present at the time and place agreed and or during the twelve six hours following the time agreed, shipowners ship-owners shall be automatically absolved relieved of their obligation to take embark the observer on boardobserver. 810. Ship-owners shall bear the cost of providing board and accommodation for observers in the same conditions as for the officers on board the vessel. 11. Observers shall be treated as officers. 12. Where vessels are operating in Malagasy waters, they The salary and applicable taxes of the observers shall carry out be borne by the fol- lowing tasks:competent Seychelles authorities. Observers' duties 8.113. Observers shall observe and record the fishing activities of the vessels; 8.2. verify vessels for scientific purposes, in particular: – the species, quantity, size and condition of fish taken, – the method by which, the areas in which, and the depth at which, fish are taken, – the position of Union vessels engaged in fishing operations;operations and the fishing gear used, – the catch data for the Seychelles fishing zone recorded in the logbook, including the percentage of by-catches and an estimation of discards, – where relevant, processing, transhipment, storage, or disposal of any fish. 8.314. Observers shall maintain a regular communication channel with the Seychelles authorities, making use of the communication means available on board the Union vessel. 15. In addition, observers may carry out other duties such as: – perform biological sampling in the context of a scientific programmes; 8.4. note programme, – monitor the impact of the fishing gear used; 8.5. verify activities on the catch data for Malagasy waters recorded in resource and on the logbook; 8.6. verify the percentages of by-catches and estimate the quantity of discards of species of marketable fish; 8.7. report by any appropriate means fishing data, including the quantity of catches and by-catches on board, to their com- petent authorityenvironment. 916. Skippers The masters of Union vessels shall do everything in their power reasonably practicable to ensure the physical safety and welfare of observers during perfor- xxxxx of their dutieswhile on board. 1017. Observers shall be offered every facility needed to carry out their duties. The skipper master of the Union vessel shall give them access to the means of communication needed for the discharge of their duties, to documents directly concerned with regarding the vessel’s 's fishing activities, including in particular the logbook and the navigation log, and to those parts of the vessel neces- sary necessary to facilitate the exercise performance of their tasks as observer.observers. Observers' obligations 1118. While on board, observers shall: 11.1. : – take all appropriate steps to ensure that the conditions of their boarding and presence on the Union vessel neither interrupt nor hamper fishing operations; 11.2. respect , – take necessary care with regards to the material and equipment on board and board, – ensure the confidentiality of all data and documents belonging to regarding the vesselUnion vessel and its activities and any information collected. 1219. At the end of the observation period embarkation and before leaving the Union vessel, observers the observer shall draw up an activity report to be transmitted to the competent Seychelles authorities, with a copy to the European CommissionUnion authorities within 15 days. They The report shall sign it in the pres- ence of the skipper, who may add or cause to be added to it any observations considered relevant, followed signed by the skipper’s signatureobserver. A copy of the report shall be handed to the skipper master of the Union vessel when the observer leaves that vessel. Sanctions 1. Failure to observe the provisions of this Protocol or the applicable laws and regulations of Seychelles relating to the conservation and management of marine living resources in Seychelles waters, is put ashore. 13. Shipowners shall bear the cost of accommodating observers in the same conditions as the officers, within the con- fines of the practical possibilities offered by the vessel. 14. The salary an offence and social contributions of the observer shall be borne by the competent authorities. 15. The two Parties shall consult each other, and interested third parties, as soon as possible as regards the definition of liable to a system of regional observers and the choice of the competent regional fisheries organisation. Pending the imple- mentation of a system of regional observers, vessels authorised to fish in Madagascar’s fishing zone under the Agree- ment shall take on board, instead of regional observers, observers designated by the competent Malagasy authorities sanction in accordance with the rules set out abovelaws of Seychelles. 2. The flag Member State of the Union and the Union shall be immediately and fully informed of any sanctions and of all relevant facts related thereto. 3. Where a sanction takes the form of suspension or revocation of a fishing authorisation, during the remaining period of the validity of a fishing authorisation which has been suspended or revoked, the Union may request another fishing authorisation which would have otherwise been applicable, for a vessel from another ship-owner. Arrest and detention of Union vessels 4. The Seychelles authorities shall immediately inform the EU Delegation and the flag Member State of the Union, of the arrest or detention of any Union vessel operating under the Agreement and shall transmit a copy of the inspection report, detailing the circumstances and reasons of the arrest or detention within 48 hours. Information exchange procedure in the event of arrest or detention 5. Whilst respecting the deadlines and procedures of legal proceedings as provided for by the laws of Seychelles relating to arrest or detention, upon receipt of the information referred to in point 4, a consultation meeting shall be held between the Union authorities and the competent Seychelles authorities, possibly attended by a representative of the concerned Member State of the Union. 6. At the consultation meeting, the Parties shall exchange any relevant documentation or information helping to clarify the circumstances of the established facts. The ship-owner or its agent shall be informed of the outcome of the meeting and of any measures resulting from the arrest or detention. Settlement of arrest or detention 7. An attempt shall be made to settle the presumed infringement amicably. That procedure shall be completed not later than three working days after the arrest or detention, in accordance with the laws of Seychelles. 8. In the event of an amicable settlement, the amount of the fine shall be determined in accordance with the laws of Seychelles. If such an amicable settlement is not possible, the legal proceeding shall take its course. 9. The Union vessel shall be released and its master discharged once the obligations arising under the amicable settlement have been fulfilled and the legal proceedings have been completed. 10. The Union, via the EU Delegation, shall be kept informed of any proceedings initiated and penalties imposed. Appendices Appendix 1 Seychelles fishing authorisation application form for Union fishing and support vessels Appendix 2 Technical sheet for Union vessels conducting fishing activities in Seychelles Appendix 3 Communication format reports Appendix 4 Implementation of the electronic system for recording and reporting of fishing activities (ERS) Appendix 5 Vessel Monitoring System (VMS) Appendix 6 Guidelines for engaging Seychelles seamen on Union purse seine vessels SEYCHELLES FISHING AUTHORISATION APPLICATION FORM FOR UNION FISHING AND SUPPORT VESSELS I. APPLICANT 1. Name of ship-owner: ..........................................................................................................

Observers. 1. Vessels authorised licensed to fish in Malagasy waters under the Agreement shall take on board observers appointed observers, preferably accredited at regional level and designated by the competent regional fisheries organisation Comorian authorities responsible for fisheries, on the terms set out below. 1.1. At the request of the competent authorityMinistry responsible for fisheries in the Union of the Comoros, Community tuna vessels shall take on board an observer designated appointed by the authority in order Ministry to check catches made in Malagasy Comorian waters. 1.2. The competent authority of the Union of the Comoros shall draw up a list of vessels designated to take an observer on board and a list of the appointed observers. These lists shall be kept up to date. They shall be forwarded to the European Commission EU as soon as they have been drawn up and every three months thereafter where they have been updated. 1.3. The competent authority of the Union of the Comoros shall inform the shipowners vessel owners concerned, or their representativesagents, of the name of the observer appointed to be taken on board their the vessel at the time the licence is issued, or no later than 15 days before the observ- er’s observer's planned embarkation date. (1) Of which at least 70 seamen of , also indicating the total European fleet belonging to IOTC Member Statestime the observer will spend on board the vessel. 2. The time spent on board by observers shall be one fishing trip. However, at the express request of the competent Malagasy authorities, this embarkation may be spread over several trips according to the average duration of trip for a particular vessel. This request shall be made by the competent authority when the name of the observer appointed to board the vessel in question is notified. 3. The conditions under which observers are an observer is taken on board shall be agreed between shipowners the vessel owner or their representa- tives agents and the competent authorityComorian authorities. 43. Observers The observer shall be taken on board at embark in a port chosen by the shipowner at vessel owner. The vessel owners concerned shall notify the beginning competent authorities ten days in advance of the first voyage in Malagasy waters after notification of date and port selected for taking the list of designated vessels. 5. Within two weeks and giving ten days’ notice, the shipowners concerned shall make known at which ports in the subregion and on what dates they intend to take observers on board. 64. Where observers are taken on board in a country outside the subregionforeign country, their travel costs shall be borne by the ship- vessel owner. Should a vessel with a regional an observer on board leave the regional Union of the Comoros's fishing zone, all measures must be taken to ensure the observer’s 's return to the Union of the Comoros as soon as possible at the expense of the shipownervessel owner. 75. If the observer is not present at the time and place agreed and during or within the twelve hours following the time agreed, shipowners the vessel owner shall be automatically absolved of their obligation to take the observer on board. 86. Observers An observer shall be treated on board as officersan officer. Where vessels are operating in Malagasy waters, they He or she shall carry out the fol- lowing following tasks: 8.1. : — observe the vessels' fishing activities of the vessels; 8.2. activities; — verify the position of vessels engaged in fishing operations; 8.3. perform biological sampling in the context of scientific programmes; 8.4. ; — note the fishing gear used; 8.5. ; — verify the catch data for Malagasy waters recorded in the logbook; 8.6. logbook for catches taken in the Union of the Comoros's fishing zone; — verify the percentages of by-catches and estimate the quantity of discards of species of marketable fin-fish; 8.7. , crustaceans and cephalopods; — report fishing data by any appropriate means fishing dataradio, including the quantity of catches and by-catches on board, to their com- petent authority. 97. Skippers The master shall do everything in their his/her power to ensure the physical safety and welfare of observers the observer during perfor- xxxxx the performance of their his/her duties. 108. Observers The observer shall be offered every facility needed to carry out their duties. The skipper master shall give them him/her access to the means of communication needed for the discharge of their duties, to documents directly concerned with the vessel’s 's fishing activities, including in particular the logbook and the navigation log, and to those parts of the vessel neces- sary necessary to facilitate the exercise of their tasks as observertasks. 119. While on board, observers the observer shall: 11.1. : — take all appropriate steps to ensure that the conditions of their boarding and presence on the vessel neither interrupt nor hamper fishing operations; 11.2. ; — respect the material and equipment on board and the confidentiality of all documents belonging to the vessel. 1210. At the end of the observation period and before leaving the vessel, observers the observer shall draw up an activity report to be transmitted to the competent authoritiesauthorities in the Union of the Comoros, with a copy to the European CommissionEU Delegation in Mauritius. They He/she shall sign it in the pres- ence presence of the skippermaster, who may add or cause to be added to it any observations considered relevant, followed by the skipper’s master's signature. A copy of the report shall be handed given to the skipper master of the vessel when the observer is put ashore. 1311. Shipowners The observer shall bear be provided with board and lodging at the cost of accommodating observers vessel owner's expense in the same conditions as the officers, within the con- fines confines of the practical possibilities offered by structure of the vessel. 1412. The salary and the social security contributions of the observer shall be borne by the competent authorities. 15. The two Parties shall consult each other, and interested third parties, as soon as possible as regards the definition of a system of regional observers and the choice authorities of the competent regional fisheries organisation. Pending Union of the imple- mentation of a system of regional observers, vessels authorised to fish in Madagascar’s fishing zone under the Agree- ment shall take on board, instead of regional observers, observers designated by the competent Malagasy authorities in accordance with the rules set out aboveComoros.

Observers. 1. Vessels Both Parties recognise the importance of respecting the obligations of IOTC Resolution with regard to the Scientific Observer Programme. 2. A vessel authorised to fish in Malagasy Mauritius waters under the this Agreement shall take on board observers appointed by the competent regional fisheries organisation on the terms set out below. 1.1Mauritius Authority. At the request However, technical aspects of the competent authorityvessel will be taken into account before receiving the observer on board, Community The provisions relating to the embarkation of observers are as follows: (a) Seychelles vessels shall take on board an observer designated by one observer, in the authority in order to check catches made in Malagasy waterscontext of a regional o r n a t i o n a l o b s e r v a t i o n programme. 1.2. (b) The competent authority Mauritius Authority shall draw up a list of Seychelles vessels designated to take an observer on board and a list of the appointed observers. These Those lists shall be kept up to date. They shall be forwarded to the European Commission Seychelles Authorities as soon as they have been drawn up up, and every three months thereafter thereafter, where they have been updated. 1.3. (c) The competent authority Mauritius Authority shall inform the shipowners owners of the Seychelles vessels concerned, or their representativesagents, of the name of the observer appointed to be taken on board their vessel at the time the licence is issued, or no not later than 15 days before the observ- er’s observer's planned embarkation date. (1) Of which at least 70 seamen of the total European fleet belonging to IOTC Member States. 23. The time spent on board a S e y c h e l l e s v e s s e l by observers shall be one fishing trip. Howevernot exceed the time required to carry out their duties, at unless the express request observers are appointed in the context of a regional Observer Programme where he/she may remain on board to undertake his/her duties in the context of the competent Malagasy authorities, this embarkation may be spread over several trips according to Programme. The Mauritius Authority shall inform the average duration Seychelles vessel owners or their agents thereof when notifying them of trip for a particular vessel. This request shall be made by the competent authority when the name of the observer appointed to be taken on board the Seychelles vessel in question is notifiedconcerned. 34. The conditions under which observers are taken on board shall be agreed between shipowners ship owners or their representa- tives agents and the competent authority. 4. Observers shall be taken on board at a port chosen by the shipowner at the beginning of the first voyage in Malagasy waters Mauritius Authority after it has received notification of the list of designated Seychelles vessels. 5. Within two weeks and upon giving ten (10) days’ ' written notice, the shipowners ship owners of the Seychelles vessels concerned shall make known at which ports in the subregion port and on what dates they intend to take observers on board. 6. Where observers are taken on board in a country outside the subregionforeign port, their travel costs shall be borne by the ship- ownerowner of the vessel. Should a Seychelles vessel with a regional an observer from Mauritius on board leave the regional fishing zoneMauritius waters, all measures must be taken to ensure the observer’s return observer returns to Mauritius as soon as possible at the expense of the shipownership owner, unless the observer is continuing with the Seychelles vessel in the context of his observer duties through another agreement or observer programme. 7. If the observer is not present at the time and place agreed and during the twelve hours following the time agreed, shipowners shall be automatically absolved of their obligation to take the observer on board. 8. Observers shall be treated as officers. Where vessels are operating in Malagasy waters, they shall carry out the fol- lowing tasks: 8.1. observe the fishing activities of the vessels; 8.2. verify the position of vessels engaged in fishing operations; 8.3. perform biological sampling in the context of scientific programmes; 8.4. note the fishing gear used; 8.5. verify the catch data for Malagasy waters recorded in the logbook; 8.6. verify the percentages of by-catches and estimate the quantity of discards of species of marketable fish; 8.7. report by any appropriate means fishing data, including the quantity of catches and by-catches on board, to their com- petent authority. 9. Skippers shall do everything in their power to ensure the physical safety and welfare of observers during perfor- xxxxx of their duties. 10. Observers shall be offered every facility needed to carry out their duties. The skipper shall give them access to the means of communication needed for the discharge of their duties, to documents directly concerned with the vessel’s fishing activities, including in particular the logbook and the navigation log, and to those parts of the vessel neces- sary to facilitate the exercise of their tasks as observer. 11. While on board, observers shall: 11.1. take all appropriate steps to ensure that the conditions of their boarding and presence on the vessel neither interrupt nor hamper fishing operations; 11.2. respect the material and equipment on board and the confidentiality of all documents belonging to the vessel. 12. At the end of the observation period and before leaving the vessel, observers shall draw up an activity report to be transmitted to the competent authorities, with a copy to the European Commission. They shall sign it in the pres- ence of the skipper, who may add or cause to be added to it any observations considered relevant, followed by the skipper’s signature. A copy of the report shall be handed to the skipper when the observer is put ashore. 13. Shipowners shall bear the cost of accommodating observers in the same conditions as the officers, within the con- fines of the practical possibilities offered by the vessel. 14. The salary and social contributions of the observer shall be borne by the competent authorities. 15. The two Parties shall consult each other, and interested third parties, as soon as possible as regards the definition of a system of regional observers and the choice of the competent regional fisheries organisation. Pending the imple- mentation of a system of regional observers, vessels authorised to fish in Madagascar’s fishing zone under the Agree- ment shall take on board, instead of regional observers, observers designated by the competent Malagasy authorities in accordance with the rules set out above.twelve

Observers. 1. Vessels Both Parties recognize the importance of respecting the obligations of IOTC Resolution with regard to the Scientific Observer Programme. 2. A vessel authorised to fish in Malagasy Seychelles waters under the this Agreement shall take on board observers appointed by the competent regional fisheries organisation on the terms set out below. 1.1. At the request Seychelles Authority However, technical aspects of the competent authority, Community vessel will be taken into account before receiving the observer on board. The provisions relating to the embarkation of observers are as follows: (a) Mauritius vessels shall take on board an observer designated by one observer, in the authority in order to check catches made in Malagasy waters.context of a regional o r n a t i o n a l observation programme; 1.2. The competent authority (b) the Seychelles Authority shall draw up a list of Mauritius vessels designated to take an observer on board and a list of the appointed observers. These Those lists shall be kept up to date. They shall be forwarded to the European Commission Mauritius as soon as they have been drawn up up, and every three months thereafter thereafter, where they have been updated.; and 1.3. The competent authority (c) t he Seychelles Authority shall inform the shipowners owner of a Mauritius vessel concerned, or their representativesits agent, of the name of the observer appointed to be taken on board their the vessel at the time the licence is issued, or no not later than 15 days before the observ- er’s observer's planned embarkation date. (1) Of which at least 70 seamen of the total European fleet belonging to IOTC Member States. 23. The time spent on board a M a u r i t i u s v e s s e l by observer shall not exceed the time required to carry out their duties, unless the observers shall be one fishing trip. However, at are appointed in the express request context of regional Observer Programmes where he/she may remain on board to undertake his/her duties in the context of the competent Malagasy authorities, this embarkation may be spread over several trips according to Programme. The Seychelle s Authority shall inform the average duration owner of trip for a particular vessel. This request shall be made by the competent authority Mauritius vessel or its agent thereof when notifying it of the name of the observer appointed to be taken on board the Mauritius vessel in question is notifiedconcerned. 34. The conditions under which observers are an observer is taken on board shall be agreed between shipowners ship owners or their representa- tives t he i r agent and the competent authority. 4. Observers shall be taken on board at a port chosen by the shipowner at the beginning of the first voyage in Malagasy waters Seychelles Authority after notification of the list of designated Mauritius vessels. 5. Within two weeks and upon giving not less than ten (10) days’ ' written notice, the shipowners concerned ship owner of a Mauritius vessel co n c e r n e d shall make known at which ports in the subregion port and on what dates they intend date it intends to take observers an observer on board. 6. Where observers are taken on board in a country outside the subregionforeign port, their travel costs shall be borne by the ship- ownerowner of the vessel. Should a Mauritius vessel with a regional an observer from Seychelles on board leave the regional fishing zoneSeychelles waters, all measures must be taken to ensure the observer’s return observer returns to Seychelles as soon as possible at the expense of the shipownerowner of the vessel, unless the observer is continuing with the Mauritius vessel in the context of his observer duties through another agreement or observer programme. 7. If the observer is not present at the time and place agreed and during the twelve (12) hours following the time agreed, shipowners the owner of the Mauritius vessel shall be automatically absolved of their the obligation to take the observer on board. 8. Observers shall be treated as officers. Where vessels are operating in Malagasy waters, they They shall carry out the fol- lowing following tasks: 8.1. (a) observe the fishing activities of the Mauritius vessels; 8.2. (b) verify the position of Mauritius vessels engaged in fishing operations; 8.3. perform biological sampling in the context of scientific programmes; 8.4. (c) note the fishing gear used; 8.5. verify the catch data for Malagasy waters recorded in the logbook(d) note deployment of Fish Aggregating Devices including type of FADs and beacon used; 8.6. verify the percentages of by-catches and estimate the quantity of discards of species of marketable fish; 8.7. report by any appropriate means fishing data, including the quantity of catches and by-catches on board, to their com- petent authority. 9. Skippers shall do everything in their power to ensure the physical safety and welfare of observers during perfor- xxxxx of their duties. 10. Observers shall be offered every facility needed to carry out their duties. The skipper shall give them access to the means of communication needed for the discharge of their duties, to documents directly concerned with the vessel’s fishing activities, including in particular the logbook and the navigation log, and to those parts of the vessel neces- sary to facilitate the exercise of their tasks as observer. 11. While on board, observers shall: 11.1. take all appropriate steps to ensure that the conditions of their boarding and presence on the vessel neither interrupt nor hamper fishing operations; 11.2. respect the material and equipment on board and the confidentiality of all documents belonging to the vessel. 12. At the end of the observation period and before leaving the vessel, observers shall draw up an activity report to be transmitted to the competent authorities, with a copy to the European Commission. They shall sign it in the pres- ence of the skipper, who may add or cause to be added to it any observations considered relevant, followed by the skipper’s signature. A copy of the report shall be handed to the skipper when the observer is put ashore. 13. Shipowners shall bear the cost of accommodating observers in the same conditions as the officers, within the con- fines of the practical possibilities offered by the vessel. 14. The salary and social contributions of the observer shall be borne by the competent authorities. 15. The two Parties shall consult each other, and interested third parties, as soon as possible as regards the definition of a system of regional observers and the choice of the competent regional fisheries organisation. Pending the imple- mentation of a system of regional observers, vessels authorised to fish in Madagascar’s fishing zone under the Agree- ment shall take on board, instead of regional observers, observers designated by the competent Malagasy authorities in accordance with the rules set out above.