Article 28 - Listing of IUU vessels
SEAFO CM 08/06
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1. CPs shall every year, and at least 120 days before the Annual Meeting of the Meeting of the Parties, transmit to the Secretariat a list of vessels presumed to be carrying out IUU activities in the Area during the current and previous year, accompanied by the supporting evidence, as provided in paragraph 3, concerning the presumption of this IUU fishing.
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CM 08/06 Art 4
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2. At each Annual Meeting, the Meeting of the Parties shall identify those vessels which have engaged in fishing and fishing related activities for fishery resources covered by the Agreement in a manner which is inconsistent with SIOFA conservation and management measures, and shall establish a list of such vessels (the IUU Vessel List), in accordance with the procedures and criteria set out below.
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CM 08/06 Art 1
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3. This identification shall be documented, inter alia, on reports from a CP relating to SIOFA conservation and management measures, trade information obtained on the basis of relevant trade statistics such as Food and Agriculture Organization of the United Nations (FAO) data, statistical documents and other national or international verifiable statistics, as well as any other information obtained from port States and/or gathered from the fishing grounds which is suitably documented.
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CM 08/06 Art 2
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4. Vessels engaged in fishing and fishing related activities for fishery resources covered by the Agreement are presumed to have carried out IUU fishing in the Area when a CP presents evidence that such vessels, inter alia:
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CM 08/06 Art 3
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harvest fishery resources covered by the Agreement in the Area and are not on the SIOFA record of authorized vessels; or
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CM 08/06 Art 3 a
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harvest fishery resources covered by the Agreement, when its flag State is without or has exceeded its quotas, catch limit or effort allocation established by SIOFA conservation and management measures; or
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CM 08/06 Art 3 b
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do not record or report their catches made in the Area, or make false reports; or
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CM 08/06 Art 3 c
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take or land undersized fish in contravention of SIOFA conservation and management measures; or
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CM 08/06 Art 3 d
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fish during closures in contravention of SIOFA conservation and management measures; or
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CM 08/06 Art 3 e
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use prohibited fishing gear in contravention of SIOFA conservation and management measures; or
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CM 08/06 Art 3 f
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tranship with, participate in joint fishing operations with, support or re-supply vessels included in the IUU Vessel List; or
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CM 08/06 Art 3 g
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are without nationality and harvest fishery resources covered by the Agreement in the Area; or
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CM 08/06 Art 3 h
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engage in fishing activities contrary to any other SIOFA conservation and management measures; or
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CM 08/06 Art 3 i
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(j) are under the control of the owner of any vessel on the SIOFA IUU Vessel List.
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CM 08/06 Art 3 j
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Draft IUU Vessel List
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5. On the basis of the information received pursuant to paragraph 1 and any other information at disposal, the Secretariat shall draw up a draft SIOFA IUU Vessel List and shall transmit it, together with all the supporting evidence provided, to all CPs, as well as to non-CPs with vessels on the List, at least 90 days before the Annual Meeting of the Meeting of the Parties.
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CM 08/06 Art 5
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6. Any comments related to paragraph 5 shall be transmitted to the Secretariat, at least 30 days before the Annual Meeting of the Meeting of the Parties, as appropriate, including verifiable evidence and other supporting information, showing that the vessels neither have operated in contravention of SIOFA conservation and management measures nor had the possibility of fishing or fishing related activities for fishery resources covered by the SIOFA Agreement.
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CM 08/06 Art 6
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7. The Secretariat shall request each flag State with vessels on the draft IUU Vessel List to notify the owner of the vessels of their inclusion in that List, and of the consequences of their inclusion being confirmed in the IUU Vessel List.
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CM 08/06 Art 7
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8. Upon receipt of the draft IUU Vessel List, CPs shall closely monitor the vessels included in that List in order to determine their activities and possible changes of name, flag or registered owner.
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CM 08/06 Art 8
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Provisional IUU Vessel List
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9. On the basis of the information received pursuant to paragraph 6, the Secretariat shall draw up a provisional SIOFA IUU Vessel List, and transmit it, two weeks in advance of the Annual Meeting of the Meeting of the Parties, to the CPs and the non-CPs concerned, together with all the evidence provided.
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CM 08/06 Art 9
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10. CPs may at any time submit to the Secretariat any additional information which might be relevant for the establishment of the IUU Vessel List. The Secretariat shall circulate the information, together with all the evidence provided, to the CPs and to the non-CPs concerned, at least two weeks before the Annual Meeting of the Meeting of the Parties.
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CM 08/06 Art 10
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11. At each Annual Meeting, the Compliance Committee shall:
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CM 08/06 Art 11
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following consideration of the draft IUU Vessel List and information and evidence circulated under paragraphs 5, 9 and 10, adopt a Provisional IUU Vessel List and submit it to the Meeting of the Parties for approval; and
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CM 08/06 Art 11 (i)
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following consideration of the current IUU Vessel List and the information and evidence circulated under paragraph 9, recommend to the Meeting of the Parties which, if any, vessels should be removed from the current IUU Vessel List.
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CM 08/06 Art 11 (ii)
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12. A vessel shall be included in the provisional IUU Vessel List only if one or more of the criteria in paragraph 4 have been satisfied.
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CM 08/06 Art 12
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13. The Meeting of the Parties shall remove a vessel from the provisional SIOFA IUU Vessel List if is demonstrated, notably by the flag State, that:
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CM 08/06 Art 13
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the vessel did not engage in any of the IUU fishing described in paragraph 4; or
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CM 08/06 Art 13 a
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effective action has been taken in response to the IUU fishing in question, including, inter alia, prosecution, and imposition of sanctions of adequate severity.
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CM 08/06 Art 13 b
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14. Following the examination referred to in paragraph 11, the Meeting of the Parties shall approve the provisional IUU Vessel List.
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CM 08/06 Art 14
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15. The Draft IUU Vessel List, Provisional IUU Vessel List and the IUU Vessel List shall contain the following details for each vessel:
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CM 08/06 Art 15
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name and previous names, if any;
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CM 08/06 Art 15 (i)
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flag and previous flags, if any;
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CM 08/06 Art 15 (ii)
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owner and previous owners, including beneficial owners, if any;
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CM 08/06 Art 15 (iii)
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operator and previous operators, if any;
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CM 08/06 Art 15 (iv)
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call sign and previous call signs, if any;
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CM 08/06 Art 15 (v)
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IMO number;
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CM 08/06 Art 15 (vi)
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photographs, where available;
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CM 08/06 Art 15 (vii)
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date first included on the IUU Vessel List; and
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CM 08/06 Art 15 (viii)
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summary of activities which justify inclusion of the vessel on the List, together with references to all relevant documents informing of and evidencing those activities.
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CM 08/06 Art 15 (ix)
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IUU Vessel List
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16. Once the Meeting of the Parties adopts the IUU Vessel List, it shall request CPs and non-CPs with vessels on the SIOFA IUU Vessel List to:
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CM 08/06 Art 16
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notify the owner of the vessels of its inclusion on the IUU Vessel List and the consequences which result from being included in the List; and
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CM 08/06 Art 16 a
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take all the necessary measures to eliminate these IUU fishing, including, if necessary, the withdrawal of the registration or the fishing licenses of these vessels, and to inform the Meeting of the Parties of the measures taken in this respect.
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CM 08/06 Art 16 b
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17. CPs shall take all necessary measures under their applicable legislation and pursuant to paragraphs 56 and 66 of the IPOA-IUU, to:
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CM 08/06 Art 17
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ensure that its vessels do not participate in any transshipment with, support or re-supply vessels on the IUU Vessel List;
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CM 08/06 Art 17 a
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ensure that vessels on the IUU Vessel List that enter ports voluntarily are not authorized to land, tranship, refuel or re-supply therein but are inspected upon entry;
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CM 08/06 Art 17 b
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prohibit the chartering of a vessel on the IUU Vessel List;
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CM 08/06 Art 17 c
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refuse to grant their flag to vessels on the IUU Vessel List;
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CM 08/06 Art 17 d
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prohibit commercial transactions, imports, landings and/or transhipment of fisheries resources covered by the Agreement from vessels on the IUU Vessel List;
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CM 08/06 Art 17 e
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encourage traders, importers, transporters and others involved, to refrain from transactions in, and transhipment of, fishery resources covered by the SIOFA Agreement caught by vessels on the IUU Vessel List; and
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CM 08/06 Art 17 f
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collect, and exchange with other CPs, any appropriate information with the aim of searching for, controlling and preventing false import/export certificates for fishery resources covered by the Agreement from vessels on the IUU Vessel List.
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CM 08/06 Art 17 g
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18. The Secretariat shall transmit the IUU Vessel List and any relevant information regarding the list to the secretariats of the Commission for the Conservation of Antarctic Marine Resources (CCAMLR), the Northwest Atlantic Fisheries Organization (NAFO), the North East Atlantic Fisheries Commission (NEAFC), the South Pacific Regional Fisheries Organisation (SPRFMO), the General Fisheries Commission for the Mediterranean (GFCM), the South East Atlantic Fisheries Organisation (SEAFO), the International Commission for the Conservation of Atlantic Tunas (ICCAT), The Indian Ocean Tuna Commission (IOTC), the Inter American Tropical Tuna Commission (IATTC), the Western and Central Pacific Fisheries Commission (WCPFC), the Commission for the Conservation of Southern Blue Fin Tuna (CCSBT).
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Based on CM 08/06 with additional text added at SEAFO AGM 2011
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19. Upon receipt of the Final IUU Vessel Lists established by: CCAMLR, NAFO, NEAFC, SPRFMO, GFCM, SEAFO, ICCAT, IOTC, IATTC, WCPFC and CCSBT, and any information regarding the lists, the Secretariat shall circulate this information to the CPCs. Vessels that have been added to or deleted from the respective lists that are flagged to non-CPCs shall be incorporated into or deleted from the SIOFA IUU Vessel List as appropriate, unless any CPC objects within 30 days of the date of transmittal by the Secretariat on the grounds that:
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Based on CM 08/06 with additional text added at SEAFO AGM 2011
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there is satisfactory information to establish that any of the requirements in paragraph 13 a) or b) have been met with regard to the Final IUU Vessel List of: CCAMLR, NAFO, NEAFC, SPRFMO, GFCM, SEAFO, ICCAT, IOTC, IATTC, WCPFC and CCSBT, or
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Based on CM 08/06 with additional text added at SEAFO AGM 2011
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there are satisfactory information to establish that none of the requirements in paragraph 13 a) or b) have been met with regard to a vessel taken of the respective lists.
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Based on CM 08/06 with additional text added at SEAFO AGM 2011
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20. In the event of an objection to a vessel listed by : CCAMLR, NAFO, NEAFC, SPRFMO, GFCM, SEAFO, ICCAT, IOTC, IATTC, WCPFC and CCSBT being incorporated into or deleted from the SIOFA IUU Vessel List, such vessel shall be placed on the Provisional IUU Vessel List. Paragraphs 5-8 shall not apply to vessels placed on the Provisional IUU Vessel List pursuant to this paragraph.
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Based on CM 08/06 with additional text added at SEAFO AGM 2011
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21. The Secretariat shall take any measure necessary to ensure publicity of the IUU Vessel List, in a manner consistent with any applicable confidentiality requirements, including placing it on the SIOFA website. Furthermore, the Secretariat shall transmit the IUU Vessel List to the FAO and to other regional fisheries management organizations for the purposes of enhancing co-operation between SIOFA and these organizations aimed at preventing, deterring and eliminating IUU fishing.
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CM 08/06 Art 18
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22. Without prejudice to the rights of CPs and coastal states to take proper action, consistent with international law, the CPs shall not take any unilateral trade measures or other sanctions against vessels on the draft or provisional IUU Vessel Lists, pursuant to paragraphs 5 or 9, or that have been removed from the IUU Vessel List, pursuant to paragraph 13, on the grounds that such vessels are involved in IUU fishing activities.
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CM 08/06 Art 19
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Deletion from the IUU Vessel List
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23. A CP or a non-CP with a vessel on the IUU Vessel List may request the removal of the vessel from the List during the intersessional period by providing information demonstrating that:
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CM 08/06 Art 20
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it has adopted measures that will ensure that the vessel complies with all SIOFA measures;
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CM 08/06 Art 20 a
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it is and will continue to assume effectively its responsibilities as regards the monitoring and control of the vessel's fishing and fishing related activities in the Area;
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CM 08/06 Art 20 b
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it has taken effective action in response to the IUU fishing that resulted in the vessel's inclusion in the IUU Vessel List, including prosecution and imposition of sanctions of adequate severity; and
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CM 08/06 Art 20 c
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the vessel has changed ownership and that the new owner can establish that the previous owner no longer has any legal, financial or real interests in the vessel or exercises control over it, and that the new owner has not participated in IUU fishing.
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CM 08/06 Art 20 d
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Article 29 - Summary of reporting obligations
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1. To facilitate compliance with SIOFA data submission requirements and schedules a summary checklist of reporting obligations will be circulated to all CPs within 30 days following any changes coming into effect and will be made available on the SIOFA website.
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SEAFO Secretariat
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CHAPTER VIII - Research
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Article 30 - Vessels conducting fishing research
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1. No less than seven days prior to the commencement of a research period, the flag State CP shall:
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NAFO 2016 CEM Art 4. 3
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notify the Secretariat by electronic means of any vessel it has authorised to conduct fishing research in the Area; and
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NAFO 2016 CEM Art 4. 3 (a)
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provide to the Secretariat a fishing research plan for any vessel flying its flag it has authorised to conduct research, including the purpose, location and, for vessels engaged in research, the dates during which the vessel will be engaged as a research vessel.
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NAFO 2016 CEM Art 4. 3 (b)
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2. For vessels engaged in research, the flag State CP shall immediately notify the Secretariat upon termination of fishing research and submit a copy of the research data to the Secretariat. The Secretariat shall ensure that SIOFA confidentiality protocol is followed for all research data submitted.
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NAFO 2016 CEM Art 4. 4
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3. Each flag State CP shall notify the Secretariat not less than seven days before the effective date of any changes to the fishing research plan, and shall ensure that the master of the vessel shall maintain a record of the changes on board
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NAFO 2016 CEM Art 4. 5
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4. Each flag State CP shall ensure that masters of vessels flying its flag shall at all times keep on board a copy of the fishing research plan in one of the official SIOFA languages.
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NAFO 2016 CEM Art 4. 6
adapted
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5. Each flag State CP shall ensure that a vessel flying its flag shall not conduct commercial fishing during the research plan period.
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NAFO 2016 CEM Art 4. 2 (a) adapted
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6. Each flag State CP shall ensure that masters of vessels flying its flag shall keep a stowage plan, updated daily, showing the location of the different species by FAO 3 Alpha code in the holds as well as the quantities of such species on board in kilograms product weight, labelled in accordance with Article 9. The stowage plan shall be kept on board until the vessel has been unloaded completely.
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NAFO 2016 CEM Art 28.5 adapted
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7. Following notification in accordance with paragraph 1 (a), the Secretariat shall without delay post the names of all vessels on the SIOFA website, including with such posting any supporting documents provided by the flag State CP, including the fishing research plan and any subsequent modifications.
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NAFO 2016 CEM Art 4. 7 adapted
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8. Unless otherwise provided, vessels flying the flag of a CP that are conducting fishing research shall not be restricted by SIOFA conservation measures pertaining to the harvesting of fish in the Area but may be subject to sea inspections pursuant to Article 15
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NAFO 2016 CEM Art 4. 1 adapted
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