E - Iccat

INTEGRATED MONITORING MEASURES - FUNCHAL 2003
3. Fish from stocks for which fishing opportunities are fixed shall not be retained on board or landed unless the
catches have been taken by vessels of a Contracting Party or Co-operating Parties, Entities or Fishing
Entities having a quota and that quota is not exhausted.
Part III – Compliance and Enforcement
Article 13 - General principles for inspection and surveillance
1. Each Contracting party shall enforce any conservation and management measures adopted by ICCAT.
2. In order to ensure compliance with all the rules in force, each Contracting Party within its territory and
within maritime waters subject to its sovereignty or jurisdiction shall monitor, inspect and maintain
surveillance of all activities on the species relevant of the ICCAT particularly fishing itself, transhipment,
landing, marketing, transport and storage of tuna and the recording of landings and sales.
3. Each Contracting Party shall monitor and, where applicable, inspect and maintain surveillance of the
activities of its vessels in the high seas in order to ensure compliance with conservation and management
measures.
4. Each Contracting Party shall make available to their inspectors adequate means to enable them to carry out
their surveillance and inspection tasks. To that end, they shall assign where necessary inspection vessels and
aircraft to the scheme.
5. Control and surveillance shall be carried out by inspectors duly authorised by the Contracting Parties.
6. Each Contracting Party shall ensure, where it has been established, in accordance with its laws, that a fishing
vessel flying its flag which has been involved in a serious infringement of The Conservation and
Management Measures adopted by ICCAT, ceases fishing activities on the high seas. Moreover, the
Contracting Party shall ensure that the vessel does not engage in such activities in the Convention Area until
such time as the outstanding sanction(s) imposed by the flag State in respect of the said violation has been
complied with.
7. All investigations and judicial proceedings shall be carried out expeditiously. Sanctions applicable in respect
of violation shall be dissuasive enough to be effective in securing compliance and to discourage violations
wherever they occur and shall deprive offenders of the benefits occurring from their illegal activities.
Measures applicable in respect of masters and other officers of fishing vessels shall include provisions that
may permit inter alia refusal, withdrawal or suspension of authorisation to serve as masters or officers on
such vessels.
8. Each Contracting Party, where it has serious grounds for believing that a fishing vessel flying the flag of
another state has engaged in any activity that undermines the effectiveness of conservation and management
measures adopted for the Convention Area, shall draw this to the attention of the flag state concerned and
may draw the matter to the attention of the Commission. To the extent permitted by its national laws and
regulations, it shall provide the flag state with full supporting evidence and may provide the Commission
with a summary of such evidence. The Commission shall not circulate such information until such time as
the flag state has had an opportunity to comment within a reasonable time, on the allegation and evidence
submitted or to object as the case may be.
9. Each member shall transmit to the Commission an annual statement of compliance measures, including
imposition of sanctions for any violation it has taken in accordance with this article.
10. Where appropriate, in the case of mutual agreement between the respective Contracting Parties, inspectors
assigned by one Party may be placed on board the inspection vessels or aircraft of other Parties.
11. In the case of mutual agreement between the respective Contracting Parties, the flag state may authorise an
inspecting state to carry out inspections on board those of its fishing vessels. In any case, the flag state may,
at any time, take action to fulfil its obligations under the scheme with respect to an alleged violation. Where
the vessel is under the direction of the inspection state, the inspecting state shall, at the request of the flag
state, release the vessel to the flag state along with full information on the progress and outcome of its
investigation.
Part IV – Inspection Scheme at Sea
Article 14
In case where the Commission decides to implement the inspection scheme at sea, including procedures for
boarding and inspection of vessels on a reciprocal basis, the following common standards for the conduct of
inspection apply:
1. Control and surveillance shall be carried out by inspectors of the fishery control service of the Contracting
Parties following their assignment to the scheme.
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