E - Iccat

INTEGRATED MONITORING MEASURES - FUNCHAL 2003
Article 24 - Reporting of infringements
1. Each Contracting Party shall report without delay, any serious infringement as listed in Article 21 to the
Executive Secretary. For other infringements, each Contracting Party shall report to the Executive Secretary
by (…) of each year for the previous twelve month the status of the proceeding relative to infringements of
ICCAT measures. The infringements shall continue to be listed on each subsequent report until the action is
concluded in accordance with the relevant provisions of national laws.
2. The report required in paragraph 1 above shall indicate the current status of the case (i.e. case pending,
under appeal, still under investigation, etc.) and any sanctions or penalties imposed shall be described in
specific terms (i.e. level of fines, value of forfeited fish and/or gear, written warning given, etc.) and shall
include an explanation if no action has been taken.
Article 25 - Measures taken by Contracting Parties
1. Each Contracting Party shall ensure that the appropriate measures be taken, including administrative action
or criminal proceedings in conformity with their national law, against the natural or legal persons
responsible where ICCAT measures have not been respected.
2. The proceedings initiated pursuant to paragraph 1 shall, in accordance with the relevant provisions of
national law, be capable of effectively depriving those responsible of the economic benefit of the
infringements or of providing sanctions proportionate to the seriousness of such infringements, thus
effectively discouraging future infringements.
Article 26 - Reports on inspection activities
Each Contracting Party shall report to the Executive Secretary by (…) each year for the previous calendar year:
1. The number of inspections specifying the number of inspections on the vessels of each Contracting Party
and in the case of infringement, the date and position of the inspection of the named vessel and the nature of
infringement.
2. The number of air hours flown on ICCAT patrol, the number of sightings and the number of surveillance
reports established as well as the follow-up of such reports.
Part V – Port Inspection Scheme
Article 27
1. Inspection shall be carried out by the appropriate authorities of the Contracting Parties, who will monitor
compliance with the Commission’s conservation measures for all ICCAT species at their own ports, without
discrimination. Inspectors shall produce identification as provided by the national government.
2. To facilitate these inspections, Contracting Parties shall require fishing vessels and vessels involved in
fishing-related activities that intend to use their ports or landing facilities to notify, at least 72 hours before
their estimated time of entry into port, the following data:
a) The time of arrival at the port of landing;
b) A written declaration that they have not engaged in or supported IUU activities in the Convention Area;
c) Proof that they are registered on the ICCAT list of vessels authorised to fish for tuna and tuna-like
species in the Convention Area;
d) The catches detained on board;
e) The area or areas where the catches were made;
f) The vessel’s name, registry number and flag.
Landing operations may not commence until authorised by the competent authorities of that Contracting
Party.
3. In order to combat IUU activities, the inspectors shall monitor whether the fishing vessels that have been
granted access to port have engaged in IUU activities in accordance to point 1 of Recommendation 02-23.
4. If, in the course of an inspection, the inspector finds that the vessel that has been granted access to the port
has engaged in IUU activities, the Port State shall prohibit the landing and/or the transhipment of the
catches.
5. The Contracting Parties shall promptly inform the Flag State of the vessel concerned and the ICCAT
Secretariat of any vessels denied port access or permission to land or tranship. The Secretariat shall
promptly convey such reports to all Contracting Parties.
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