E - Iccat

INTEGRATED MONITORING MEASURES - FUNCHAL 2003
4. When an apparent infringement of the conservation is identified by an observer, the observer shall, within
24 hours, report it to the flag Contracting Party and to the Executive Secretary, using an established code.
5. Contracting Parties shall take all necessary measures to ensure that observers are able to carry out their
duties. Subject to any other arrangement between the relevant Contracting Parties, the salary of an observer
shall be covered by the sending Contracting Party.
6. The vessel on which an observer is placed shall provide suitable food and lodging during the observer’s
deployment. The master of the vessel shall ensure that all necessary cooperation is extended to observers in
order for them to carry out their duties including providing access, as required, to the retained catch, and
catch which is intended to be discarded.
7. The Contracting Parties may conclude bilateral arrangement for the placing of observers by a Contracting
Party on vessels flying the flag of another Contracting Party with the consent of that Party.
Part VII - Programme to Promote Compliance by non-Contracting Party Vessels
Article 29
1. Contracting Parties may exchange information through the Commission and shall inform the Commission of
activities of fishing vessels flying the flags of the non-Contracting Parties to this Convention and which are
engaged in fishing operations in the Convention Area and any action taken in response to non-Contracting
Party fishing. The Commission shall share information on such activities with other appropriate regional or
sub-regional organisations and arrangements.
2. The Contracting Parties may, either directly or through the Commission, take measures, which are
consistent with international law and which they deem necessary and appropriate, to deter fishing activities
by fishing vessels of non-Contracting Parties which undermine the effectiveness of conservation and
management measures adopted by the Commission.
Article 30
1. A vessel flying the flag of a non-Contracting Party, Entity or Fishing Entity, which has been sighted in the
ICCAT Convention Area, in conformity with the conditions of article 11, is presumed to be undermining
ICCAT conservation measures.
2. When a vessel of a non-Contracting Party, Entity or Fishing Entity referred to in paragraph 1 enters
voluntarily a port of any Contracting Party, it shall be inspected by authorised Contracting Party officials
knowledgeable of ICCAT measures and shall not be allowed to land or tranship any fish until this inspection
has taken place. Such inspections shall include the vessel's documents, notably the licence, permit or
authorisation specifying the permitted catches,, logbooks, fishing gear, catch on board, the certificates which
indicate the position of the vessel at the time the catches were made and any other matter relating to the
vessel's activities in the Convention Area.
3. Landings and transhipment of all fish from vessels of a non-Contracting Party, Entity or Fishing Entity
which have been inspected pursuant to paragraph 2, shall be prohibited in all Contracting Party ports if such
inspection reveals that the vessel has onboard species subject to ICCAT conservation measures, unless the
vessel establishes that the fish were caught outside the Convention Area or in compliance with the relevant
ICCAT conservation measures and requirements under the Convention. To this end, a licence, permit or
authorisation to fish issued by the Flag State authorising the vessel to fish outside the Convention Area, as
well as the documents which prove the position of the vessel at the time when it undertakes the catches
outside the Convention Area, must be presented to the competent authorities of the port of inspection.
4. Information on the results of all inspection of vessels of Non-Contracting Parties, Entities or Fishing
Entities, conducted in the ports of Contracting Parties, and any subsequent action, shall be transmitted
immediately to the Commission. The Secretariat shall transmit this information to all Contracting Parties
and to the relevant flag State(s).
Part VIII – Measures to Combat IUU Fishing
Article 31
No longer pertinent following the adoption of Recommendation 02-23 to establish a list of vessels presumed to
have carried out illegal, unreported and unregulated fishing activities in the ICCAT Convention area.
95