Common use of Observers Clause in Contracts

Observers. 1. 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 the FSM EEZ under the Agreement shall take on board observers appointed by ▇▇▇▇▇ on the terms set out below: (a) the Executive Director 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; (b) the Executive Director shall draw up a list of vessels designated to take an observer on board and a list of appointed observers. These lists shall be kept up to date. They shall be forwarded to the Commission as soon as they have been drawn up and every three months thereafter where they have been updated; (c) the Executive Director shall inform the shipowners concerned, or their agents, of his intentions to take on board an appointed observer on their vessels at the time the licence is issued, or no later than 15 days before the observer's planned embarkation date and whose name shall be notified as soon as possible. 3. The time spent on board by observers shall be fixed by the 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 be taken on board the vessel concerned. 4. Within two weeks and giving 10 days' notice, the shipowners concerned shall make known at which FSM ports and on what dates they intend to take observers on board. 5. Where observers are taken on board in a foreign port, their travel costs shall be borne by the shipowner. Should a vessel with an observer from FSM on board leave the FSM EEZ, all measures must be taken to ensure the observer's return to the FSM as soon as possible at the expense of the ship owner. 6. If the observer is not present at the time and place agreed and during the six hours following the time agreed, shipowners shall be automatically absolved of their obligation to take the observer on board. 7. Observers shall be treated as officers. They shall carry out the following tasks: (a) observe the fishing activities of the vessels; (b) verify the position of vessels engaged in fishing operations; (c) perform biological sampling in the context of scientific programmes; (d) note the fishing gear used; (e) verify the catch data for FSM EEZ recorded in the catch report; (f) verify the percentages of by-catches and estimate the quantity of discards of species of marketable fin-fish, crustaceans, cephalopods and marine mammals; (g) report fishing data once a week by radio, including the quantity of catches and by‑catches on board. 8. 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 performance of their duties: (a) the captain or master shall 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 the observer's duties; (c) observers shall have access to the 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 samples and shall have full access to the vessel's records, including its logs, catch reports, and documentation for the purpose of inspection and copying; and (e) observers shall be allowed to gather any other information relating to fisheries in the EEZ. 9. While on board, observers shall: (a) take all appropriate steps to ensure that their presence on the vessel does not interfere in the normal operation of the vessel; (b) respect the material and equipment on board and the confidentiality of all documents belonging to the said vessel. 10. At the end of the observation period and before leaving the vessel, the observer shall draw up an activity report to be signed in the presence of the master who may provide additional comments considered relevant, followed by the master's signature. Copies of the report shall be provided to the master when the observer is put ashore and to the Delegation. 11. Shipowners shall bear the cost of accommodating observers in the same conditions as the officers on the vessel. 12. The salary and social contributions of the observer shall be borne by the FSM Government.

Observers. 1. 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 Vessels authorised to fish in the FSM EEZ Malagasy waters under the Agreement shall take on board observers appointed by ▇▇▇▇▇ the competent regional fisheries organisation on the terms set out below:. (a) 1.1. At the Executive Director shall determine each year the scope request of the programme for observation competent authority, Community vessels shall take 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;designated by the authority in order to check catches made in Malagasy waters. (b) the Executive Director 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;. (c) the Executive Director 1.3. The competent authority shall inform the shipowners concerned, or their agentsrepresentatives, of his intentions the name of the observer appointed to take be taken on board an appointed observer on their vessels vessel at the time the licence is issued, or no later than 15 days before the observer's observ- er’s planned embarkation date and whose name shall be notified as soon as possibledate. 3(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 fixed 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 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 competent authority 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 vessel concernedshipowner at the beginning of the first voyage in Malagasy waters after notification of the list of designated vessels. 45. Within two weeks and giving 10 ten 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. 56. Where observers are taken on board in a foreign portcountry outside the subregion, their travel costs shall be borne by the shipownership- owner. Should a vessel with an a regional observer from FSM on board leave the FSM EEZregional fishing zone, all measures must be taken to ensure the observer's ’s return to the FSM as soon as possible at the expense of the ship ownershipowner. 67. If the observer is not present at the time and place agreed and during the six twelve hours following the time agreed, shipowners shall be automatically absolved of their obligation to take the observer on board. 78. Observers shall be treated as officers. They Where vessels are operating in Malagasy waters, they shall carry out the following fol- lowing tasks: (a) 8.1. observe the fishing activities of the vessels; (b) 8.2. verify the position of vessels engaged in fishing operations; (c) 8.3. perform biological sampling in the context of scientific programmes; (d) 8.4. note the fishing gear used; (e) 8.5. verify the catch data for FSM EEZ Malagasy waters recorded in the catch reportlogbook; (f) 8.6. verify the percentages of by-catches and estimate the quantity of discards of species of marketable fin-fish, crustaceans, cephalopods and marine mammals; (g) 8.7. report by any appropriate means fishing data once a week by radiodata, including the quantity of catches and by‑catches by-catches on board, to their com- petent authority. 89. Captains and masters shall permit authorised observers of the FSM to board the authorised vessels operating within the FSM EEZ and Skippers shall do everything in their power to ensure the physical safety and welfare of observers during performance perfor- ▇▇▇▇▇ of their duties:. (a) the captain or master 10. Observers shall 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 be offered every facility needed to carry out the observer's their duties; (c) observers . The skipper shall have give them access to the bridgemeans of communication needed for the discharge of their duties, fish on board and areas, which may be used to hold, process, weigh and store fish; (d) observers may remove a reasonable number of samples and shall have full access to documents directly concerned with the vessel's records’s fishing activities, including its logs, catch reportsin particular the logbook and the navigation log, and documentation for to those parts of the purpose vessel neces- sary to facilitate the exercise of inspection and copying; and (e) observers shall be allowed to gather any other information relating to fisheries in the EEZtheir tasks as observer. 911. While on board, observers shall: (a) 11.1. take all appropriate steps to ensure that the conditions of their boarding and presence on the vessel does not interfere in the normal operation of the vesselneither interrupt nor hamper fishing operations; (b) 11.2. respect the material and equipment on board and the confidentiality of all documents belonging to the said vessel. 1012. At the end of the observation period and before leaving the vessel, the observer observers shall draw up an activity report to be signed transmitted to the competent authorities, with a copy to the European Commission. They shall sign it in the presence pres- ence of the master skipper, who may provide additional comments add or cause to be added to it any observations considered relevant, followed by the master's skipper’s signature. Copies A copy of the report shall be provided handed to the master skipper when the observer is put ashore and to the Delegationashore. 1113. Shipowners shall bear the cost of accommodating observers in the same conditions as the officers on officers, within the con- fines of the practical possibilities offered by the vessel. 1214. The salary and social contributions of the observer shall be borne by the FSM Governmentcompetent 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. 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. At However, the modalities for the implementation of electronic observation schemes shall take into account the practical implications for the fleets and 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 needed for the observer's programme. 2transition. Community Designated vessels and observers The Seychelles vessels authorised to fish in Mayotte fishing zone shall, at the FSM EEZ 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 ▇▇▇▇▇ on the terms set out below: (a) the Executive Director . The embarkation of additional observers shall determine each year the scope of the programme for observation on board on the basis of the number of vessels authorised also be considered subject to fish in the waters under its jurisdiction and the state of the resources targeted a case by those vesselscase agreement. It shall determine accordingly the number or percentage of vessels by category of fishery which shall be required to take an observer on board; (b) the Executive Director The Union authorities shall draw up a list of Seychelles vessels designated to take embark an observer on board and a list of 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 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; (c) . The Union authorities shall communicate to the Executive Director shall inform ship-owner or its agent of the shipowners Seychelles vessel concerned, or their agents, the name of his intentions to take on board an appointed the designated observer on their vessels at the time the licence is issued, or no not later than 15 days before the observer's planned embarkation date and whose name shall be notified as soon as possible. 3date. Embarkation conditions The time spent on board by observers shall be fixed by the Executive Director butUnion or Member State authorities and, as a general rule, it should shall not exceed the time required to carry out their duties. In the context of a regional observer programme, the observer may remain on board for a mutually agreed extended period. The Executive Director Union authorities shall inform the shipowners Seychelles ship-owners or their agents thereof when notifying them of the name of the observer appointed to designated observer. The conditions for observers' embarkation shall be taken on board agreed between the vessel concerned. 4ship-owners and Union or Member State authorities after the notification of the designated observers. Within two weeks weeks, and upon giving 10 ten days' notice, the shipowners ship-owners of the Seychelles vessels concerned shall make known at which FSM ports port, and on what dates they intend to take observers on board. 5. Where observers are taken on board in a foreign port, their travel costs shall be borne by the shipownership-owner. Should a Seychelles vessel with an observer from FSM designated by the Union authorities on board leave the FSM EEZUnion waters, all measures must shall be taken to ensure the observer's return observer safely returns to the FSM Union as soon as possible at the expense of the ship ship-owner. 6, 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 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. 7. 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. They The salary and applicable taxes of the observers shall carry out be borne by the following tasks: (a) competent French authorities. Observer's duties The observer shall observe and record the fishing activities of the vessels; (b) 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; (c) operations 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; (d) note programme; – monitor the impact of the fishing gear used; activities on the resource and on the environment; – collect information when encountering marine mammals (e) verify the catch data for FSM EEZ recorded in the catch report; (f) verify the percentages of by-catches and estimate the quantity of discards of species of marketable fin-fishphotographs, crustaceans, cephalopods and marine mammals; (g) report fishing data once a week by radio, including the quantity of catches and by‑catches on board. 8. Captains and masters shall permit authorised observers position of the FSM to board vessel, census of the authorised number of individuals, behaviour, etc.). The masters of Seychelles vessels operating within the FSM EEZ and shall do everything in their power to ensure the physical safety and welfare of observers during while on board. The observers shall be offered every facility needed to carry out their duties. The masters shall give them access to the means of communication needed for the discharge of their duties, to documents regarding the vessel's fishing activities, in particular the logbook and the navigation log, and to those parts of the vessel necessary to facilitate the performance of their duties: (a) the captain or master shall 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 the observertasks as observers. Observer's duties; (c) observers shall have access to the 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 samples and shall have full access to the vessel's records, including its logs, catch reports, and documentation for the purpose of inspection and copying; and (e) observers shall be allowed to gather any other information relating to fisheries in the EEZ. 9. obligations While on board, observers the observer shall: (a) : – take all appropriate steps to ensure that the conditions of their boarding and presence on the Seychelles vessel does not interfere in the normal operation of the vessel; (b) respect neither interrupt nor hamper fishing operations; – 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 said vessel. 10Seychelles vessel and its activities and any information collected. At the end of the observation period embarkation and before leaving the Seychelles vessel, the observer shall draw up an activity report to be transmitted to the Union authorities with a copy to the competent Seychelles authorities, within 15 days. The report shall be signed in the presence of the master who may provide additional comments considered relevant, followed by the master's signatureobserver. Copies A copy of the report shall be provided handed to the master when the observer is put ashore and to leaves the Delegation. 11. Shipowners shall bear the cost of accommodating observers in the same conditions as the officers on the Seychelles vessel. 12. The salary and social contributions of the observer shall be borne by the FSM Government.

Observers. 1. At the time of lodging a licence fishing authorisation application, each Community vessel concerned shall contribute an observer placement fee as specified in Section 1(6)(h) EUR 1 500 into Government Revenue Account No. 0260- 002 with the Central Bank of Chapter I of this Annex into the account named in Article 2(7) of the ProtocolSolomon Islands, Honiara, specifically for the national observer's ’s programme. 2. Community vessels Vessels authorised to fish in the FSM EEZ Solomon Islands waters under the Agreement shall take on board observers appointed by ▇▇▇▇▇ the Solomon Islands authorities on the terms set out below: (a) 2.1 at the Executive Director request of Solomon Islands authorities, Community vessels shall determine each year the scope of the programme for observation take 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;designated by the organisation in order to check catches made in ▇▇▇▇▇▇▇ ▇▇▇▇▇▇, (b) the Executive Director 2.2 ▇▇▇▇▇▇▇ 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;, (c) the Executive Director 2.3 Solomon Islands authorities shall inform the shipowners concerned, or their agents, of his intentions the name of the observer appointed to take be taken on board an appointed observer on their vessels vessel at the time the licence fishing authorisation is issued, or no later than 15 days before the observer's ’s planned embarkation date and whose name shall be notified as soon as possibledate. 3. The time spent on board by observers shall be fixed by the Executive Director butSolomon Islands authorities, but as a general rule, rule it should not exceed the time required to carry out their duties. The Executive Director Solomon Islands authorities shall inform the shipowners or and their agents thereof when notifying them of the observers appointed. However, at the express request of the 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 Solomon Islands authorities when the name of the observer appointed to board the vessel in question is notified. 4. The conditions under which observers are taken on board shall be agreed between shipowners or their agents and the Solomon Islands authorities. 5. Observers shall be taken on board in a manner chosen by the vessel concernedshipowners after notification of the list of designated vessels. 46. Within two weeks and giving 10 ten days' notice, the shipowners concerned shall make known at which FSM ports and on what dates they intend to take observers on board. 57. Where observers are taken on board in a foreign port, their travel costs shall be borne by the shipowner. Should a vessel with an Solomon Islands observer from FSM on board leave the FSM EEZSolomon Islands fishing zone, all measures must shall be taken to ensure the observer's return to the FSM as soon as possible at the expense of the ship ownershipowner. 68. If the observer is not present at the time and place agreed and during or within the six twelve hours following the time agreed, shipowners shall be automatically absolved of their obligation to take the observer on board. 79. Observers shall be treated as officers. They Where vessels are operating in Solomon Islands waters, they shall carry out the following tasks: (a) 9.1 observe the fishing activities of the vessels; (b) 9.2 verify the position of vessels engaged in fishing operations; (c) 9.3 perform biological sampling in the context of scientific programmes; (d) 9.4 note the fishing gear used; (e) 9.5 verify the catch data for FSM EEZ Solomon Islands waters recorded in the catch reportlogbook; (f) 9.6 verify the percentages of by-catches and estimate the quantity of discards of species of marketable fin-fish, crustaceans, cephalopods and marine mammals; (g) 9.7 report by any appropriate means fishing data once a week by radiodata, including the quantity of catches and by‑catches by-catches on board, to their competent authority. 810. Captains and masters shall permit authorised observers of the FSM to board the authorised vessels operating within the FSM EEZ and Fishing masters/skippers shall do everything in their power to ensure the physical safety and welfare of observers during performance of their duties:. (a) the captain or master 11. Observers shall 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 be offered every facility needed to carry out the observer's their duties; (c) observers . The fishing master/skipper shall have give them access to the bridgemeans of communication needed for the discharge of their duties, fish on board and areas, which may be used to hold, process, weigh and store fish; (d) observers may remove a reasonable number of samples and shall have full access to documents directly concerned with the vessel's recordsfishing activities, including its logs, catch reportsin particular the logbook and the navigation log, and documentation for to those parts of the purpose vessel necessary to facilitate the exercise of inspection and copying; and (e) observers shall be allowed to gather any other information relating to fisheries in the EEZtheir tasks. 912. While on board, observers shall: (a) 12.1 take all appropriate steps to ensure that the conditions of their boarding and presence on the vessel does not interfere in the normal operation of the vesselneither interrupt nor hamper fishing operations; (b) 12.2 respect the material and equipment on board and the confidentiality of all documents belonging to the said vessel. 1013. At the end of the observation period and before leaving the vessel, the observer observers shall draw up an activity report to be signed transmitted to the competent authorities, with a copy to the European Commission. They shall sign it in the presence of the master fishing master/skipper, who may provide additional comments add or cause to be added to it any observations considered relevant, followed by the mastermaster’s/skipper's signature. Copies A copy of the report shall be provided handed to the master master/skipper when the observer is put ashore and to the Delegationashore. 1114. Shipowners shall bear the cost of accommodating observers in the same conditions as the officers on officers, within the confines of the practical possibilities offered by the vessel. 1215. The salary and social contributions of the observer observers shall be borne paid by the FSM Solomon Islands authorities. 16. The two Parties shall endeavour to consult each other as regards the development of the regional or sub-regional observer programme, in consultations with Forum Fisheries Agency (FFA) and other competent regional fisheries organisations. 1. For fisheries and marine safety purposes, every vessel shall be marked and identified in accordance with the Food 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 ▇▇▇▇▇ 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 (+▇▇▇.▇▇▇.▇▇ or +▇▇▇.▇▇▇.▇▇) but failing this, in the case of vessels without a fax, by e-mail (▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇.▇▇▇.▇▇). 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. At the time moment of lodging a licence applicationthe vessel registration, each all Community vessel concerned vessels shall contribute an observer placement fee as specified in Section 1(6)(h) of Chapter I of this Annex EUR 400 to a ‘Fisheries Observers Project Fund’ to be paid into the Kiribati Government account named No 4 in accordance with Article 2(7) of the Protocol, specifically for the observer's programmecleared of any deductions. 2. Community vessels Vessels authorised to fish in the FSM EEZ Kiribati waters under the Agreement shall take on board observers appointed by ▇▇▇▇▇ the WCPFC on the terms set out below: (a) : — at the Executive Director shall determine each year the scope request of the programme for observation WCPFC Community vessels shall take 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; (b) designated by the Executive Director organisation in order to check catches made in Kiribati waters, — 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; (c) , — the Executive Director WCPFC shall inform the shipowners concerned, or their agents, of his intentions the name of the observer appointed to take be taken on board an appointed observer on their vessels vessel at the time the licence is issued, or no later than 15 days before the observer's ’s planned embarkation date and whose name shall be notified as soon as possibledate. 3. The time spent on board by observers shall be fixed one fishing trip. However, at the express request of the WCPFC, 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 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 competent WCPFC when notifying them of the name of the observer appointed to board the vessel in question is notified. 4. The conditions under which observers are taken on board shall be agreed between shipowners or their agents and the competent WCPFC. 5. Observers shall be taken on board at a port chosen by the vessel concernedshipowner at the beginning of the first voyage in Kiribati waters after notification of the list of designated vessels. 46. Within two weeks and giving 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. 57. Where observers are taken on board in a foreign portport outside the subregion, their travel costs shall be borne by the shipownership- owner. Should a vessel with an a regional observer from FSM on board leave the FSM EEZregional waters, all measures must be taken to ensure the observer's ’s return to the FSM as soon as possible at the expense of the ship ownershipowner. 68. If the observer is not present at the time and place agreed and during the six twelve hours following the time agreed, shipowners shall be automatically absolved of their obligation to take the observer on board. 79. Observers shall be treated as officers. They shall carry out the following tasks: (a) : — observe the fishing activities of the vessels; (b) , — verify the position of vessels engaged in fishing operations; (c) , — perform biological sampling in the context of scientific programmes; (d) , — note the fishing gear used; (e) , — verify the catch data for FSM EEZ Kiribati waters recorded in the catch report; (f) logbook, — verify the percentages of by-catches and estimate the quantity of discards of species of marketable fin-fish, crustaceans, cephalopods and marine mammals; (g) — report fishing data by any appropriate means once a week by radiowhile the vessel is fishing in Kiribati waters, including the quantity of catches and by‑catches by-catches on board. 810. Captains and masters shall permit authorised observers of the FSM to board the authorised vessels operating within the FSM EEZ and Masters shall do everything in their power to ensure the physical safety and welfare of observers during performance of their duties:. (a) the captain or master 11. As far as possible, observers shall 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 be offered every facility needed to carry out the observer's their duties; (c) observers . The master shall have give them access to the bridgemeans of communication needed for the discharge of their duties, fish on board and areas, which may be used to hold, process, weigh and store fish; (d) observers may remove a reasonable number of samples and shall have full access to documents directly concerned with the vessel's records’s fishing activities, including its logs, catch reportsin particular the logbook and the navigation log, and documentation for to those parts of the purpose vessel necessary to facilitate the exercise of inspection and copying; and (e) observers shall be allowed to gather any other information relating to fisheries in the EEZtheir tasks as observer. 912. While on board, observers shall: (a) : — take all appropriate steps to ensure that the conditions of their boarding and presence on the vessel does not interfere in the normal operation of the vessel; (b) neither interrupt nor hamper fishing operations, — respect the material and equipment on board and the confidentiality of all documents belonging to the said vessel. 1013. At the end of the observation period and before leaving the vessel, the observer observers shall draw up an activity report to be signed in transmitted to the presence of the master who may provide additional comments considered relevantWCPFC, followed by the master's signature. Copies of the report shall be provided with a copy to the master when of the observer is put ashore and to the Delegationvessel. 1114. Shipowners shall bear the cost of accommodating observers in the same conditions as the officers on officers, within the con- fines of the practical possibilities offered by the vessel. 1215. The salary and social contributions of the observer shall be borne by the FSM GovernmentWCPFC. 16. 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 implemen- tation of a system of regional observers, vessels authorised to fish in Kiribati waters under the Agreement shall take on board, instead of regional observers, observers designated by the competent Kiribati authorities in accordance with the rules set out above.

Observers. 1. At the time of lodging a licence license application, each Community vessel concerned shall contribute an observer placement fee as specified in Section 1(6)(h) EUR 400 into Government Revenue Account No 0260-002 with the National Bank of Chapter I of this Annex into the account named in Article 2(7) of the ProtocolSolomon Islands, Honiara, specifically for the observer's ’s programme. 2. Community vessels Vessels authorised to fish in the FSM EEZ Solomon Islands waters under the Agreement shall take on board observers appointed by ▇▇▇▇▇ Solomon Islands on the terms set out below: (a) the Executive Director 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;. (b) the Executive Director 2.2. The Permanent Secretary shall draw up a list of vessels designated to take an observer on board and a list of 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;. (c) the Executive Director 2.3. The Permanent Secretary shall inform the shipowners concerned, or their agents, of his intentions to take on board an appointed observer on their vessels at the time the licence is issued, or no later than 15 days before the observer's ’s planned embarkation date and whose name shall be notified as soon as possible. 3. The time spent on board by observers shall be fixed by the Executive Director Permanent Secretary but, as a general rule, it should not exceed the time required to carry out their duties. The Executive Director 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 concerned. 4. The conditions under which observers are taken on board shall be agreed between shipowners or their agents and the Permanent Secretary. 5. Within two weeks and giving 10 days' ’ notice, the shipowners concerned shall make known at which FSM Solomon Islands ports and on what dates they intend to take observers on board. 56. Where observers are taken on board in a foreign port, their travel costs shall be borne by the shipowner. Should a vessel with an observer from FSM Solomon Islands on board leave the FSM EEZSolomon Islands fishing zone, all measures must be taken to ensure the observer's ’s return to the FSM Solomon Islands as soon as possible at the expense of the ship ownershipowner. 67. If the observer is not present at the time and place agreed and during the six hours following the time agreed, shipowners ship- owners shall be automatically absolved of their obligation to take the observer on board. 78. Observers shall be treated as officers. They shall carry out the following tasks: (a) 8.1. observe the fishing activities of the vessels; (b) 8.2. verify the position of vessels engaged in fishing operations; (c) 8.3. perform biological sampling in the context of scientific programmes; (d) 8.4. note the fishing gear used; (e) 8.5. verify the catch data for FSM EEZ the Solomon Islands zone recorded in the catch reportlogbook; (f) 8.6. verify the percentages of by-catches and estimate the quantity of discards of species of marketable fin-fish, crustaceanscrusta- ceans, cephalopods and marine mammals; (g) 8.7. report fishing data once a week by radio, including the quantity of catches and by‑catches by-catches on board. 89. Captains and masters shall permit authorised observers of the FSM to board the authorised vessels operating within the FSM EEZ and Masters shall do everything in their power to ensure the physical safety and welfare of observers during performance of their duties:. (a) the captain or master 10. Similarly, as far as possible, they shall 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 be offered every facility needed to carry out the observer's their duties; (c) observers . The master shall have give them access to the bridgemeans of communication needed for the discharge of their duties, fish on board and areas, which may be used to hold, process, weigh and store fish; (d) observers may remove a reasonable number of samples and shall have full access to documents directly con- cerned with the vessel's records’s fishing activities, including its logs, catch reportsin particular the logbook and the navigation log, and documentation for to those parts of the purpose vessel necessary to facilitate the exercise of inspection and copying; and (e) observers shall be allowed to gather any other information relating to fisheries in the EEZtheir tasks as observer. 911. While on board, observers shall: (a) 11.1. take all appropriate steps to ensure that the conditions of their boarding and presence on the vessel does not interfere in the normal operation of the vessel;neither interrupt nor hamper fishing operations, (b) 11.2. respect the material and equipment on board and the confidentiality of all documents belonging to the said vessel. 1012. At the end of the observation period and before leaving the vessel, the observer observers shall draw up an activity report to be signed transmitted to the Permanent Secretary, with a copy to the Delegation of the European Commission. They shall sign it in the presence of the master master, who may provide additional comments add or cause to be added to it any observations considered relevant, followed fol- lowed by the master's ’s signature. Copies A copy of the report shall be provided handed to the master when the observer is put ashore and to the Delegationashore. 1113. Shipowners shall bear the cost of accommodating observers in the same conditions as the officers on the vessel. 1214. The salary and social contributions of the observer shall be borne by the FSM Solomon Islands Government.

Observers. Observation of fishing activities 1. At 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 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 needed for the observer's programme.transition to such schemes. Designated vessels and observers 2. Community The Union purse seine vessels authorised to fish in the FSM EEZ Seychelles fishing zone under the Agreement shall take on board observers appointed by ▇▇▇▇▇ on shall, at the request of the Seychelles authorities, embark one observer, in the context of a national or regional observation programme under the terms set out below:in this Chapter. The embarkation of additional observers shall also be considered subject to a case by case agreement. (a) the Executive Director 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 vessels3. It shall determine accordingly the number or percentage of vessels by category of fishery which shall be required to take an observer on board; (b) the Executive Director The Seychelles authorities shall draw up a list of Union purse seine vessels designated to take embark an observer on board and a list of 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 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;. (c) 4. The Seychelles authorities shall communicate the Executive Director shall inform name of the shipowners concerned, or their agents, designated observer to the agent of his intentions to take on board an appointed observer on their vessels at the time the licence is issued, or no Union vessel concerned not later than 15 days before the observer's planned embarkation date and whose name shall be notified as soon as possible.date. Embarkation conditions 35. The time spent on board by observers shall be fixed by the Executive Director butSeychelles authorities and, as a general rule, it should shall not exceed the time required to carry out their duties. In the context of a regional observers programme, the observer may remain on board for a mutually agreed extended period. The Executive Director Seychelles authorities shall inform the shipowners or their agents agent of the Union vessel thereof when notifying them of the name of the observer appointed designated observer. 6. The conditions for embarkation of observers shall be agreed between the ship-owners and the Seychelles authorities after the notification of the designated observers. 7. Where observers are to be taken on board the vessel concerned. 4. Within embarked in Seychelles, within two weeks and giving 10 days' notice, the shipowners ship-owners concerned shall make known at which FSM ports port or location, and on what dates they intend to take observers on boardbe embarked. 58. Where observers are taken on board to be embarked in a foreign port, their travel costs shall be borne by the shipownership-owner. Should If a vessel with an observer from FSM Seychelles on board leave the FSM EEZleaves Seychelles waters, all measures must shall be taken to ensure the observer's safe return of the observer to the FSM Seychelles as soon as possible at the expense of the ship ship-owner. 69. If the an observer is not present at the time and place agreed and or during the six hours following the time agreed, shipowners ship-owners shall be automatically absolved relieved of their obligation to take embark the observer on boardobserver. 710. 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. They The salary and applicable taxes of the observers shall carry out be borne by the following tasks:competent Seychelles authorities. Observers' duties (a) 13. Observers shall observe and record the fishing activities of the vessels; (b) 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. (c) 14. 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; (d) note programme, – monitor the impact of the fishing gear used; (e) verify activities on the catch data for FSM EEZ recorded in resource and on the catch report; (f) verify the percentages of by-catches and estimate the quantity of discards of species of marketable fin-fish, crustaceans, cephalopods and marine mammals; (g) report fishing data once a week by radio, including the quantity of catches and by‑catches on boardenvironment. 816. Captains and The masters shall permit authorised observers of the FSM to board the authorised Union vessels operating within the FSM EEZ and shall do everything in their power reasonably practicable to ensure the physical safety and welfare of observers during while on board. 17. Observers shall be offered every facility needed to carry out their duties. The master of the Union vessel shall give them access to the means of communication needed for the discharge of their duties, to documents regarding the vessel's fishing activities, in particular the logbook and the navigation log, and to those parts of the vessel necessary to facilitate the performance of their duties:tasks as observers. Observers' obligations (a) the captain or master shall 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 the observer's duties; (c) observers shall have access to the 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 samples and shall have full access to the vessel's records, including its logs, catch reports, and documentation for the purpose of inspection and copying; and (e) observers shall be allowed to gather any other information relating to fisheries in the EEZ. 918. While on board, observers shall: (a) : – take all appropriate steps to ensure that the conditions of their boarding and presence on the Union vessel does not interfere in the normal operation of the vessel; (b) respect neither interrupt nor hamper fishing operations, – 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 said vesselUnion vessel and its activities and any information collected. 1019. At the end of the observation period embarkation and before leaving the Union vessel, the observer shall draw up an activity report to be transmitted to the competent Seychelles authorities, with a copy to the Union authorities within 15 days. The report shall be signed in the presence of the master who may provide additional comments considered relevant, followed by the master's signatureobserver. Copies A copy of the report shall be provided handed to the master of the Union vessel when the observer is put ashore leaves that vessel. Sanctions 1. Failure to observe the provisions of this Protocol or the applicable laws and regulations of Seychelles relating to the Delegationconservation and management of marine living resources in Seychelles waters, is an offence and shall be liable to a sanction in accordance with the laws of Seychelles. 112. Shipowners The flag Member State of the Union and the Union shall bear be immediately and fully informed of any sanctions and of all relevant facts related thereto. 3. Where a sanction takes the cost form of accommodating observers 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 same conditions event of arrest or detention 5. Whilst respecting the deadlines and procedures of legal proceedings as provided for by the officers on laws of Seychelles relating to arrest or detention, upon receipt of the vesselinformation 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. 126. At the consultation meeting, the Parties shall exchange any relevant documentation or information helping to clarify the circumstances of the established facts. The salary and social contributions ship-owner or its agent shall be informed of the observer outcome of the meeting and of any measures resulting from the arrest or detention. Settlement of arrest or detention 7. An attempt shall be borne by made to settle the FSM Governmentpresumed 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. 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 Vessels licensed to fish in the FSM EEZ under the Agreement shall take on board observers appointed observers, preferably accredited at regional level and designated by ▇▇▇▇▇ the Comorian authorities responsible for fisheries, on the terms set out below:. (a) 1.1. At the Executive Director shall determine each year the scope request of the programme Ministry responsible for observation fisheries in the Union of the Comoros, tuna vessels shall take on board on an observer appointed by the basis Ministry to check catches made in Comorian waters. 1.2. The competent authority of the number of vessels authorised to fish in the waters under its jurisdiction and the state Union 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; (b) the Executive Director 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 Commission EU as soon as they have been drawn up and every three months thereafter where they have been updated;. (c) 1.3. The competent authority of the Executive Director Union of the Comoros shall inform the shipowners vessel owners concerned, or their agents, of his intentions the name of the observer appointed to take be taken on board an appointed observer on their vessels the vessel at the time the licence is issued, or no later than 15 days before the observer's planned embarkation date and whose name date, also indicating the time the observer will spend on board the vessel. 2. The conditions under which an observer is taken on board shall be notified as soon as possibleagreed between the vessel owner or their agents and the Comorian authorities. 3. The time spent on board by observers observer shall be fixed embark in a port chosen by the Executive Director but, as a general rule, it should not exceed the time required to carry out their dutiesvessel owner. The Executive Director vessel owners concerned shall inform notify the shipowners or their agents thereof when notifying them competent authorities ten days in advance of the name of date and port selected for taking the observer appointed to be taken on board the vessel concerned. 4. Within two weeks and giving 10 days' notice, the shipowners concerned shall make known at which FSM ports and on what dates they intend to take observers on board. 54. Where observers are taken on board in a foreign portcountry, their travel costs shall be borne by the shipownervessel owner. Should a vessel with an observer from FSM on board leave the FSM EEZUnion of the Comoros's fishing zone, all measures must be taken to ensure the observer's return to the FSM Union of the Comoros as soon as possible at the expense of the ship vessel owner. 65. If the observer is not present at the time and place agreed and during or within the six twelve hours following the time agreed, shipowners the vessel owner shall be automatically absolved of their obligation to take the observer on board. 76. Observers An observer shall be treated on board as officersan officer. They He or she shall carry out the following tasks: (a) : — observe the vessels' fishing activities of the vessels; (b) activities; — verify the position of vessels engaged in fishing operations; (c) perform biological sampling in the context of scientific programmes; (d) ; — note the fishing gear used; (e) ; — verify the catch data for FSM EEZ recorded in the catch report; (f) 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, crustaceans, cephalopods crustaceans and marine mammals; (g) cephalopods; — report fishing data once a week by radio, including the quantity of catches and by‑catches by-catches on board. 87. Captains and masters shall permit authorised observers of the FSM to board the authorised vessels operating within the FSM EEZ and The master shall do everything in their his/her power to ensure the physical safety and welfare of observers the observer during the performance of his/her duties. 8. The observer shall be offered every facility needed to carry out their duties. The master shall give him/her access to the means of communication needed for the discharge of their duties: (a) the captain or master shall 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 the observer's duties; (c) observers shall have access to the 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 samples and shall have full access to documents directly concerned with the vessel's recordsfishing activities, including its logs, catch reportsin particular the logbook and the navigation log, and documentation for to those parts of the purpose vessel necessary to facilitate the exercise of inspection and copying; and (e) observers shall be allowed to gather any other information relating to fisheries in the EEZtheir tasks. 9. While on board, observers the observer shall: (a) : — take all appropriate steps to ensure that the conditions of their boarding and presence on the vessel does not interfere in the normal operation of the vessel; (b) neither interrupt nor hamper fishing operations; — respect the material and equipment on board and the confidentiality of all documents belonging to the said vessel. 10. At the end of the observation period and before leaving the vessel, the observer shall draw up an activity report to be signed transmitted to the competent authorities in the Union of the Comoros, with a copy to the EU Delegation in Mauritius. He/she shall sign it in the presence of the master master, who may provide additional comments add or cause to be added to it any observations considered relevant, followed by the master's signature. Copies A copy of the report shall be provided given to the master of the vessel when the observer is put ashore and to the Delegationashore. 11. 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 on officers, within the confines of the structure of the vessel. 12. The salary and the social security contributions of the observer shall be borne by the FSM Governmentcompetent authorities of the Union of the Comoros.

Observers. Observation of fishing activities 1. At Vessels holding a fishing authorisation shall be subject to a scheme for observing their fishing activities carried out within 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) framework of the Protocol, specifically for the observer's programmeAgreement. 2. Community 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 authorised and observers 4. The BNF shall designate the Union vessels which must allow an observer to fish in embark and the FSM EEZ under observer assigned to them at the Agreement shall latest 15 calendar days before the date provided for the embarkation of the observer. Union vessels shall, at the request of the Liberian authorities, take on board observers appointed by ▇▇▇▇▇ on one observer in order to reach the terms set out below:cover rate of 15 % of authorised vessels. (a) the Executive Director 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 vessels5. It shall determine accordingly the number or percentage of vessels by category of fishery which shall be required to take an observer on board; (b) the Executive Director The 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 Commission Union as soon as they have been drawn up and every three months thereafter where when they have been updated;. (c) 6. When the Executive Director fishing authorisation is issued, the BNF shall inform the shipowners concernedUnion and the vessel owner, or their agentshis agent, of his intentions to take the designated vessels and the observers which will be present on board 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 owner or his agent of any change in the designated vessels and observers. 7. The BNF shall endeavour not to designate observers for vessels which already have an appointed observer on their vessels at the time the licence is issuedboard, 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 observer's planned embarkation date and whose name shall be notified as soon as possibleLiberian fishing zone. 38. The time spent on board by observers shall be fixed by one fishing trip or, at the Executive Director butexpress request of the vessel-owner, as more than one fishing trip for a general rule, it should particular vessel. 9. The observers shall not exceed spend more time on board the time required vessel than is necessary 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 be taken on board the vessel concerned. 4. Within two weeks and giving 10 days' notice, the shipowners concerned shall make known at which FSM ports and on what dates they intend to take observers on board. 5. Where observers are taken on board in a foreign port, their travel costs shall be borne by the shipowner. Should a vessel with an observer from FSM on board leave the FSM EEZ, all measures must be taken to ensure the observer's return to the FSM as soon as possible at the expense of the ship owner. 6. If the observer is not present at the time and place agreed and during the six hours following the time agreed, shipowners shall be automatically absolved of their obligation to take the observer on board. 7. Observers shall be treated as officers. They shall carry out the following tasks: (a) observe the fishing activities of the vessels; (b) verify the position of vessels engaged in fishing operations; (c) perform biological sampling in the context of scientific programmes; (d) note the fishing gear used; (e) verify the catch data for FSM EEZ recorded in the catch report; (f) verify the percentages of byFlat-catches and estimate the quantity of discards of species of marketable fin-fish, crustaceans, cephalopods and marine mammals; (g) report fishing data once a week by radio, including the quantity of catches and by‑catches on board. 8. 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 performance of their duties: (a) the captain or master shall 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 the observer's duties; (c) observers shall have access to the 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 samples and shall have full access to the vessel's records, including its logs, catch reports, and documentation for the purpose of inspection and copying; and (e) observers shall be allowed to gather any other information relating to fisheries in the EEZ. 9. While on board, observers shall: (a) take all appropriate steps to ensure that their presence on the vessel does not interfere in the normal operation of the vessel; (b) respect the material and equipment on board and the confidentiality of all documents belonging to the said vessel.rate financial contribution 10. At the end of time the observation period and before leaving the vesselannual advance fee is paid, the observer vessel owner shall draw up an activity report to be signed in the presence also pay Liberia a flat-rate sum of the master who may provide additional comments considered relevant, followed by the masterEUR 400 per year for each vessel. Observer's signature. Copies of the report shall be provided to the master when the observer is put ashore and to the Delegation.salary 11. Shipowners shall bear the cost of accommodating observers in the same conditions as the officers on the vessel. 12. The salary and social contributions of the observer shall be borne by Liberia. Embarkation conditions 12. The embarkation conditions for the FSM Governmentobserver, 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 master shall take 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 remove 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. 22. If the 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 EUR 80 for the number of 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 NFMC with prior notification, Liberia may take appropriate action in accordance with the applicable Liberian legislation. Observer's duties 24. The observer shall carry out the 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. Observation of fishing activities 1. At 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 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 needed for the observer's programme.transition to such schemes. Designated vessels and observers 2. Community The Union purse seine vessels authorised to fish in the FSM EEZ Seychelles fishing zone under the Agreement shall take on board observers appointed by ▇▇▇▇▇ on shall, at the request of the Seychelles authorities, embark one observer, in the context of a national or regional observation programme under the terms set out below:in this Chapter. The embarkation of additional observers shall also be considered subject to a case by case agreement. (a) the Executive Director 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 vessels3. It shall determine accordingly the number or percentage of vessels by category of fishery which shall be required to take an observer on board; (b) the Executive Director The Seychelles authorities shall draw up a list of Union purse seine vessels designated to take embark an observer on board and a list of 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 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;. (c) 4. The Seychelles authorities shall communicate the Executive Director shall inform name of the shipowners concerned, or their agents, designated observer to the agent of his intentions to take on board an appointed observer on their vessels at the time the licence is issued, or no Union vessel concerned not later than 15 days before the observer's planned embarkation date and whose name shall be notified as soon as possible.date. Embarkation conditions 35. The time spent on board by observers shall be fixed by the Executive Director butSeychelles authorities and, as a general rule, it should shall not exceed the time required to carry out their duties. In the context of a regional observers programme, the observer may remain on board for a mutually agreed extended period. The Executive Director Seychelles authorities shall inform the shipowners or their agents agent of the Union vessel thereof when notifying them of the name of the observer appointed designated observer. 6. The conditions for embarkation of observers shall be agreed between the ship-owners and the Seychelles authorities after the notification of the designated observers. 7. Where observers are to be taken on board the vessel concerned. 4. Within embarked in Seychelles, within two weeks and giving 10 days' notice, the shipowners ship-owners concerned shall make known at which FSM ports port or location, and on what dates they intend to take observers on boardbe embarked. 58. Where observers are taken on board to be embarked in a foreign port, their travel costs shall be borne by the shipownership-owner. Should If a vessel with an observer from FSM Seychelles on board leave the FSM EEZleaves Seychelles waters, all measures must shall be taken to ensure the observer's safe return of the observer to the FSM Seychelles as soon as possible at the expense of the ship ship-owner. 69. If the an observer is not present at the time and place agreed and or during the six hours following the time agreed, shipowners ship-owners shall be automatically absolved relieved of their obligation to take embark the observer on boardobserver. 710. 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. They The salary and applicable taxes of the observers shall carry out be borne by the following tasks:competent Seychelles authorities. Observers' duties (a) 13. Observers shall observe and record the fishing activities of the vessels; (b) 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. (c) 14. 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; (d) note programme, – monitor the impact of the fishing gear used; (e) verify activities on the catch data for FSM EEZ recorded in resource and on the catch report; (f) verify the percentages of by-catches and estimate the quantity of discards of species of marketable fin-fish, crustaceans, cephalopods and marine mammals; (g) report fishing data once a week by radio, including the quantity of catches and by‑catches on boardenvironment. 816. Captains and The masters shall permit authorised observers of the FSM to board the authorised Union vessels operating within the FSM EEZ and shall do everything in their power reasonably practicable to ensure the physical safety and welfare of observers during while on board. 17. Observers shall be offered every facility needed to carry out their duties. The master of the Union vessel shall give them access to the means of communication needed for the discharge of their duties, to documents regarding the vessel's fishing activities, in particular the logbook and the navigation log, and to those parts of the vessel necessary to facilitate the performance of their duties:tasks as observers. Observers' obligations (a) the captain or master shall 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 the observer's duties; (c) observers shall have access to the 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 samples and shall have full access to the vessel's records, including its logs, catch reports, and documentation for the purpose of inspection and copying; and (e) observers shall be allowed to gather any other information relating to fisheries in the EEZ. 918. While on board, observers shall: (a) : – take all appropriate steps to ensure that the conditions of their boarding and presence on the Union vessel does not interfere in the normal operation of the vessel; (b) respect neither interrupt nor hamper fishing operations, – 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 said vesselUnion vessel and its activities and any information collected. 1019. At the end of the observation period embarkation and before leaving the Union vessel, the observer shall draw up an activity report to be transmitted to the competent Seychelles authorities, with a copy to the Union authorities within 15 days. The report shall be signed in the presence of the master who may provide additional comments considered relevant, followed by the master's signatureobserver. Copies A copy of the report shall be provided handed to the master of the Union vessel when the observer is put ashore and to the Delegation. 11. Shipowners shall bear the cost of accommodating observers in the same conditions as the officers on the leaves that vessel. 12. The salary and social contributions of the observer shall be borne by the FSM Government.

Observers. 1. At Both Parties recognize the time importance of lodging a licence application, each Community vessel concerned shall contribute an observer placement fee as specified in Section 1(6)(h) respecting the obligations of Chapter I of this Annex into IOTC Resolution with regard to the account named in Article 2(7) of the Protocol, specifically for the observer's programmeScientific Observer Programme. 2. Community vessels A vessel authorised to fish in the FSM EEZ Seychelles waters under the this Agreement shall take on board observers appointed by ▇▇▇▇▇ the Seychelles Authority However, technical aspects of the vessel will be taken into account before receiving the observer on board. The provisions relating to the terms set out belowembarkation of observers are as follows: (a) the Executive Director Mauritius vessels shall determine each year the scope of the programme for observation take on board on the basis of the number of vessels authorised to fish one observer, in the waters under its jurisdiction and the state context 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 boarda regional o r n a t i o n a l observation programme; (b) the Executive Director Seychelles Authority shall draw up a list of Mauritius vessels designated to take an observer on board and a list of appointed observers. These Those lists shall be kept up to date. They shall be forwarded to the Commission Mauritius as soon as they have been drawn up up, and every three months thereafter thereafter, where they have been updated;; and (c) the Executive Director t he Seychelles Authority shall inform the shipowners owner of a Mauritius vessel concerned, or their agentsits agent, of his intentions to take on board an appointed observer on their vessels at the time the licence is issued, or no later than 15 days before the observer's planned embarkation date and whose name shall be notified as soon as possible. 3. The time spent on board by observers shall be fixed by the 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 be taken on board the vessel not later than 15 days before the observer's planned embarkation date. 3. 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 are appointed in the context of regional Observer Programmes where he/she may remain on board to undertake his/her duties in the context of the Programme. The Seychelle s Au thority shall inform the owner of a Mauritius vessel or its agent thereof when notifying it of the name of the observer appointed to be taken on board the Mauritius vessel concerned. 4. The conditions under which an observer is taken on board shall be agreed between ship owners or t he i r agent and the Seychelles Authority after notification of the list of designated Mauritius vessels. 5. Within two weeks and upon giving 10 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 FSM ports port and on what dates they intend date it intends to take observers an observer on board. 56. Where observers are taken on board in a foreign port, their travel costs shall be borne by the shipownerowner of the vessel. Should a Mauritius vessel with an observer from FSM Seychelles on board leave the FSM EEZSeychelles waters, all measures must be taken to ensure the observer's return observer returns to the FSM Seychelles as soon as possible at the expense of the ship ownerowner 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. 67. If the observer is not present at the time and place agreed and during the six 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. 78. Observers shall be treated as officers. They shall carry out the following tasks: (a) observe the fishing activities of the Mauritius vessels; (b) verify the position of Mauritius vessels engaged in fishing operations; (c) perform biological sampling in the context of scientific programmes; (d) note the fishing gear used; (e) verify the catch data for FSM EEZ recorded in the catch report; (f) verify the percentages of by-catches and estimate the quantity of discards of species of marketable fin-fish, crustaceans, cephalopods and marine mammals; (g) report fishing data once a week by radio, including the quantity of catches and by‑catches on board. 8. 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 performance of their duties: (a) the captain or master shall 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 the observer's duties; (c) observers shall have access to the bridge, fish on board and areas, which may be used to hold, process, weigh and store fish; (d) observers may remove a reasonable number note deployment of samples Fish Aggregating Devices including type of FADs and shall have full access to the vessel's records, including its logs, catch reports, and documentation for the purpose of inspection and copying; and (e) observers shall be allowed to gather any other information relating to fisheries in the EEZ. 9. While on board, observers shall: (a) take all appropriate steps to ensure that their presence on the vessel does not interfere in the normal operation of the vesselbeacon used; (b) respect the material and equipment on board and the confidentiality of all documents belonging to the said vessel. 10. At the end of the observation period and before leaving the vessel, the observer shall draw up an activity report to be signed in the presence of the master who may provide additional comments considered relevant, followed by the master's signature. Copies of the report shall be provided to the master when the observer is put ashore and to the Delegation. 11. Shipowners shall bear the cost of accommodating observers in the same conditions as the officers on the vessel. 12. The salary and social contributions of the observer shall be borne by the FSM Government.

Observers. 1. At Both Parties recognise the time importance of lodging a licence application, each Community vessel concerned shall contribute an observer placement fee as specified in Section 1(6)(h) respecting the obligations of Chapter I of this Annex into IOTC Resolution with regard to the account named in Article 2(7) of the Protocol, specifically for the observer's programmeScientific Observer Programme. 2. Community vessels A vessel authorised to fish in the FSM EEZ Mauritius waters under the this Agreement shall take on board observers appointed by ▇▇▇▇▇ the Mauritius Authority. However, technical aspects of the vessel will be taken into account before receiving the observer on board, The provisions relating to the terms set out belowembarkation of observers are as follows: (a) the Executive Director Seychelles vessels shall determine each year the scope of the programme for observation take on board on the basis of the number of vessels authorised to fish one observer, in the waters under its jurisdiction and the state context 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;a regional o r n a t i o n a l o b s e r v a t i o n programme. (b) the Executive Director The Mauritius Authority shall draw up a list of Seychelles vessels designated to take an observer on board and a list of appointed observers. These Those lists shall be kept up to date. They shall be forwarded to the Commission Seychelles Authorities as soon as they have been drawn up up, and every three months thereafter thereafter, where they have been updated;. (c) the Executive Director The Mauritius Authority shall inform the shipowners owners of the Seychelles vessels concerned, or their agents, of his intentions the name of the observer appointed to take be taken on board an appointed observer on their vessels at the time the licence is issued, or no vessel not later than 15 days before the observer's planned embarkation date and whose name shall be notified as soon as possibledate. 3. 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 fixed by the Executive Director but, as a general rule, it should not exceed the time required to carry out their duties, unless the 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 Programme. The Executive Director Mauritius Authority shall inform the shipowners Seychelles vessel owners or their agents thereof when notifying them of the name of the observer appointed to be taken on board the Seychelles vessel concerned. 4. The conditions under which observers are taken on board shall be agreed between ship owners or their agents and the Mauritius Authority after it has received notification of the list of designated Seychelles vessels. 5. Within two weeks and upon giving 10 ten (10) days' written notice, the shipowners ship owners of the Seychelles vessels concerned shall make known at which FSM ports port and on what dates they intend to take observers on board. 56. Where observers are taken on board in a foreign port, their travel costs shall be borne by the shipownerowner of the vessel. Should a Seychelles vessel with an observer from FSM Mauritius on board leave the FSM EEZMauritius waters, all measures must be taken to ensure the observer's return observer returns to the FSM Mauritius as soon as possible at the expense of the ship owner, unless the observer is continuing with the Seychelles vessel in the context of his observer duties through another agreement or observer programme. 67. If the observer is not present at the time and place agreed and during the six hours following the time agreed, shipowners shall be automatically absolved of their obligation to take the observer on board. 7. Observers shall be treated as officers. They shall carry out the following tasks: (a) observe the fishing activities of the vessels; (b) verify the position of vessels engaged in fishing operations; (c) perform biological sampling in the context of scientific programmes; (d) note the fishing gear used; (e) verify the catch data for FSM EEZ recorded in the catch report; (f) verify the percentages of by-catches and estimate the quantity of discards of species of marketable fin-fish, crustaceans, cephalopods and marine mammals; (g) report fishing data once a week by radio, including the quantity of catches and by‑catches on board. 8. 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 performance of their duties: (a) the captain or master shall 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 the observer's duties; (c) observers shall have access to the 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 samples and shall have full access to the vessel's records, including its logs, catch reports, and documentation for the purpose of inspection and copying; and (e) observers shall be allowed to gather any other information relating to fisheries in the EEZ. 9. While on board, observers shall: (a) take all appropriate steps to ensure that their presence on the vessel does not interfere in the normal operation of the vessel; (b) respect the material and equipment on board and the confidentiality of all documents belonging to the said vessel. 10. At the end of the observation period and before leaving the vessel, the observer shall draw up an activity report to be signed in the presence of the master who may provide additional comments considered relevant, followed by the master's signature. Copies of the report shall be provided to the master when the observer is put ashore and to the Delegation. 11. Shipowners shall bear the cost of accommodating observers in the same conditions as the officers on the vessel. 12. The salary and social contributions of the observer shall be borne by the FSM Government.twelve

Observers. 1. At Both Parties recognize the time importance of lodging a licence application, each Community vessel concerned shall contribute an observer placement fee as specified in Section 1(6)(h) respecting the obligations of Chapter I of this Annex into IOTC Resolution with regard to the account named in Article 2(7) of the Protocol, specifically for the observer's programmeScientific Observer Programme. 2. Community vessels A vessel authorised to fish in the FSM EEZ Seychelles waters under the this Agreement shall take on board observers appointed by ▇▇▇▇▇ the Seychelles Authority However, technical aspects of the vessel will be taken into account before receiving the observer on board. The provisions relating to the terms set out belowembarkation of observers are as follows: (a) the Executive Director Mauritius vessels shall determine each year the scope of the programme for observation take on board on the basis of the number of vessels authorised to fish one observer, in the waters under its jurisdiction and the state context 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 boarda regional o r n a t i o n a l observation programme; (b) the Executive Director Seychelles Authority shall draw up a list of Mauritius vessels designated to take an observer on board and a list of appointed observers. These Those lists shall be kept up to date. They shall be forwarded to the Commission Mauritius as soon as they have been drawn up up, and every three months thereafter thereafter, where they have been updated;; and (c) the Executive Director t he Seychelles Authority shall inform the shipowners owner of a Mauritius vessel concerned, or their agentsits agent, of his intentions to take on board an appointed observer on their vessels at the time the licence is issued, or no later than 15 days before the observer's planned embarkation date and whose name shall be notified as soon as possible. 3. The time spent on board by observers shall be fixed by the 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 be taken on board the vessel not later than 15 days before the observer's planned embarkation date. 3. 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 are appointed in the context of regional Observer Programmes where he/she may remain on board to undertake his/her duties in the context of the Programme. The Seychelle s Authority shall inform the owner of a Mauritius vessel or its agent thereof when notifying it of the name of the observer appointed to be taken on board the Mauritius vessel concerned. 4. The conditions under which an observer is taken on board shall be agreed between ship owners or t he i r agent and the Seychelles Authority after notification of the list of designated Mauritius vessels. 5. Within two weeks and upon giving 10 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 FSM ports port and on what dates they intend date it intends to take observers an observer on board. 56. Where observers are taken on board in a foreign port, their travel costs shall be borne by the shipownerowner of the vessel. Should a Mauritius vessel with an observer from FSM Seychelles on board leave the FSM EEZSeychelles waters, all measures must be taken to ensure the observer's return observer returns to the FSM Seychelles as soon as possible at the expense of the ship ownerowner 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. 67. If the observer is not present at the time and place agreed and during the six 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. 78. Observers shall be treated as officers. They shall carry out the following tasks: (a) observe the fishing activities of the Mauritius vessels; (b) verify the position of Mauritius vessels engaged in fishing operations; (c) perform biological sampling in the context of scientific programmes; (d) note the fishing gear used; (e) verify the catch data for FSM EEZ recorded in the catch report; (f) verify the percentages of by-catches and estimate the quantity of discards of species of marketable fin-fish, crustaceans, cephalopods and marine mammals; (g) report fishing data once a week by radio, including the quantity of catches and by‑catches on board. 8. 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 performance of their duties: (a) the captain or master shall 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 the observer's duties; (c) observers shall have access to the bridge, fish on board and areas, which may be used to hold, process, weigh and store fish; (d) observers may remove a reasonable number note deployment of samples Fish Aggregating Devices including type of FADs and shall have full access to the vessel's records, including its logs, catch reports, and documentation for the purpose of inspection and copying; and (e) observers shall be allowed to gather any other information relating to fisheries in the EEZ. 9. While on board, observers shall: (a) take all appropriate steps to ensure that their presence on the vessel does not interfere in the normal operation of the vesselbeacon used; (b) respect the material and equipment on board and the confidentiality of all documents belonging to the said vessel. 10. At the end of the observation period and before leaving the vessel, the observer shall draw up an activity report to be signed in the presence of the master who may provide additional comments considered relevant, followed by the master's signature. Copies of the report shall be provided to the master when the observer is put ashore and to the Delegation. 11. Shipowners shall bear the cost of accommodating observers in the same conditions as the officers on the vessel. 12. The salary and social contributions of the observer shall be borne by the FSM Government.