CHAPTER IV - At sea inspection
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Article 15 - Scope and application
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Until a SIOFA sea inspection programme has been adopted, each CP undertaking inspections by its patrol vessels at sea on a vessel operating, or suspected of operating, on fishery resources covered by the Agreement in the Area, will do so by applying the relevant provisions in part VI of the United Nations Fish Stocks Agreement, that came into force 11 November 2001.
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UNFSA Part VI
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Article 16 - Notification to inspect at sea
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NAFO 2016 CEM Art 32
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1. Each CP shall, no later than 30 days prior to commencement of the initial sea inspection, notify the Secretariat of:
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NAFO 2016 CEM Art 32 1
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the provisional plan, names of inspectors and inspector trainees and the name, radio call sign and communication contact information of each inspection vessel it has assigned to sea inspection duties applying the provisions provided in Article 15; and
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NAFO 2016 CEM Art 32 1 (a) & (b)
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any changes to the particulars so notified prior to subsequent sea inspections.
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NAFO 2016 CEM Art 32 1 (a)
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2. Upon receiving such information, the Secretariat shall post the information received from CPs on the secure part of the SIOFA website.
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NAFO 2016 CEM Art 32 3 (a)
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3. Each CP may request information from the Secretariat regarding fishing within the Area to assist with the co-ordination of their deployment of resources for sea inspection purposes.
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SEAFO CoC 2103
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Article 17 - At sea inspection reports and procedures
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CCAMLR Inspectors Manual – Section 6, VIII
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1. Inspectors shall complete the approved SIOFA inspection report form as provided in Annex V, and apply the following procedures:
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Annex adapted from - CCAMLR Inspectors Manual – Section 3, Report of Insepction
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the inspector shall provide a written explanation, on the inspection report form, of any alleged violation of SIOFA measures. The inspector shall allow the master of the vessel being inspected to comment, on the inspection report form, about any aspect of the inspection;
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CCAMLR Inspectors Manual – Section 6, VIII a
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(b) the inspector shall sign the inspection report form. The master of the inspected vessel shall be invited to sign the inspection report form to acknowledge receipt of the report;
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CCAMLR Inspectors Manual – Section 6, VIII b
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(c) before leaving the vessel that has been inspected, the inspector shall give the master of that vessel a copy of the completed inspection form; and
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CCAMLR Inspectors Manual – Section 6, VIII c
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(d) the inspector shall provide a copy of the completed inspection form along with photographs and video footage to the competent authority of the inspecting CP not later than 15 days of arrival into port.
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CCAMLR Inspectors Manual – Section 6, VIII d
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2. The inspecting CP shall forward a copy of the inspection form in electronic format not later than 15 days from its reception along with two copies of photographs and video footage to the Secretariat who shall forward one copy of this material to the flag State of the inspected vessel not later than seven days from receipt.
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CCAMLR Inspectors Manual – Section 6, VIII e
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3. Fifteen days after the transmission of the completed inspection form to the flag State, the Secretariat shall, in the case where an alleged infringement is detected, transmit that form to all CPs together with comments or observations, if any, received from the flag State.
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CCAMLR Inspectors Manual – Section 6, VIII f
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4. Any supplementary reports or information shall be provided to the Secretariat. The Secretariat shall provide such reports or information to the flag State of the vessel, which shall then be afforded 15 days to comment. In the case where an alleged infringement is detected, all supplementary reports or information provided, and any comments received from the flag State of the vessel, if any, shall be forwarded to all CPs, by the Secretariat, without delay.
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CCAMLR Inspectors Manual – Section 6, VIII IX
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CHAPTER V - Observer Programme
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Article 18 - Scientific observer programme
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SEAFO CM07/06 22
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1. Each CP shall ensure that all its vessels operating in the Area shall carry scientific observers qualified by the flag State. Flag States shall ensure that the relevant data is transmitted to Secretariat as specified by the Scientific Committee using the scientific data forms and report template as provided in the Reporting Forms section on the SIOFA website.
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CM07/06 22
For consistency consider adopting SEAFO observer forms
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2. Each CP shall require the submission of this information, in respect of each vessel flying its flag, within 30 days of leaving the Area. The CP shall provide a copy of the information to the Secretariat as soon as possible, taking account of the need to maintain confidentiality of non-aggregated data.
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CM07/06 23
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CHAPTER VI - Port State control
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SEAFO CM 21/11
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Article 19 – Scope
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Each CP shall, in accordance with duties under article 12 of the Agreement maintain an effective system of port State control for all vessels that have been engaged in fishing or fishing related activities in the Area, except [container] vessels that are not carrying fishery resources or, if carrying fishery resources, only fishery resources that have been previously landed, provided that there are no clear grounds for suspecting that such a vessel has engaged in fishing related activities in support of IUU fishing.
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CM 21/11 PSC Art 2
NOTE : adapted to apply to all vessels, not limited to foreign vessels
container or reefer?
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Article 20 - Designation of ports
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1. Each CP shall designate, publicize and notify the Secretariat about the ports to which foreign vessels may request entry.
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CM 21/11 PSC Art 3
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2. Each CP shall, to the greatest extent possible, ensure that designated ports have sufficient capacity to conduct inspections and take other measures in accordance with obligations set out by SIOFA.
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CM 21/11 PSC Art 3
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3. The Secretariat shall establish a register of all ports designated by CPs. The register shall include accompanying information, such as associated conditions of entry and the period of notice required, and shall be published, and updated as required, on the SIOFA website.
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CM 21/11 PSC Art 3
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Article 21 - Advance request for port entry of foreign vessels
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Each CP shall, before granting entry to a foreign vessel to its port, as a minimum standard, require the information set out in Annex VI to be provided at least [48] hours before the estimated time of arrival. A CP may provide for another notification period, taking into account, inter alia, the distance between the fishing grounds and its ports. In such a case the CP concerned shall without delay inform the Secretariat, who shall put this information on the SIOFA website. Any other subsequent changes to the requirements shall be notified to the Secretariat at least 30 days before the changes becomes effective.
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CM 21/11 PSC Art 4
To consider 48 or 72?
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Article 22 - Port entry; authorisation or denial of foreign vessels
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1. After receiving the information required pursuant to Article 21, as well as such other information as it may require to determine whether the vessel requesting entry into its port has engaged in IUU fishing, each CP shall decide whether to authorise or deny the entry of the vessel into its port and shall communicate this decision to the master of the vessel or to the vessel's representative.
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CM 21/11 PSC Art 5
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2. In the case of authorization of entry, the master of the vessel or the vessel's representative shall be required to present the authorisation for entry to the competent authorities of the CP upon the vessel's arrival at port.
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CM 21/11 PSC Art 5
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3. In the case of denial of entry, the CP shall communicate its decision taken pursuant to paragraph 1 of this Article to the flag State of the vessel and to the Secretariat, who shall put this information on the SIOFA website.
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CM 21/11 PSC Art 5
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4. Without prejudice to paragraph 1 of this Article, when a CP has sufficient proof that a vessel seeking entry into its port has engaged in IUU fishing, in particular the inclusion of a vessel on a list of vessels having engaged in such fishing or fishing related activities adopted by SIOFA or another relevant regional fisheries management organisation, the CP shall deny that vessel entry into its ports.
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CM 21/11 PSC Art 5
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5. In addition to paragraphs 3 and 4 of this Article, a CP may allow entry into its ports of a vessel referred to in those paragraphs exclusively for the purpose of inspecting it and taking other appropriate actions in conformity with international law which are at least as effective as denial of port entry in preventing, deterring and eliminating IUU fishing.
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CM 21/11 PSC Art 5
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6. Where a vessel referred to in paragraph 4 or 5 of this Article is in port for any reason, a CP shall deny such vessel the use of its ports for landing, transhipping, packaging, and processing of fishery resources and for other port services including, inter alia, refuelling and resupplying, maintenance and dry-docking. Paragraphs 2 and 3 of Article 23 apply mutatis mutandis in such cases.
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CM 21/11 PSC Art 5
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Article 23 - Use of ports by foreign vessels
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1. Where a vessel has entered one of its ports, a CP shall deny that vessel the use of the port for landing, transhipping, packaging and processing of fishery resources that have not been previously landed and for other port services, including, inter alia, refuelling and resupplying, maintenance and dry-docking, if:
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CM 21/11 PSC Art 6
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(a) the CP finds that the vessel does not have a valid and applicable authorization to engage in fishing or fishing related activities required by its flag State;
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CM 21/11 PSC Art 6
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(b) the flag State does not confirm within a reasonable period of time, on the request of the port State, that the fishery resources on board was taken in accordance with applicable requirements of SIOFA; or
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CM 21/11 PSC Art 6
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(c) the CP has reasonable grounds to believe that the vessel was otherwise engaged in IUU fishing, including in support of a vessel referred to in paragraph 4 of Article 22, unless the vessel can prove:
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CM 21/11 PSC Art 6
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i. that it was acting in a manner consistent with relevant conservation and management measures; or
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CM 21/11 PSC Art 6
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ii. in the case of provision of personnel, fuel, gear and other supplies at sea, that the vessel that was provisioned was not, at the time of provisioning, a vessel referred to in paragraph 4 of Article 22.
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CM 21/11 PSC Art 6
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2. In addition to paragraph 1 of this Article, a CP shall not deny a vessel referred to in that paragraph the use of port services:
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CM 21/11 PSC Art 6
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(a) essential to the safety or health of the crew or the safety of the vessel, provided these needs are duly proven; or
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CM 21/11 PSC Art 6
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(b) where appropriate, for the scrapping of the vessel.
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CM 21/11 PSC Art 6
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3. Where a CP has denied the use of its port in accordance with this Article, it shall promptly notify the flag State and the Secretariat, who shall put this information on the SIOFA website.
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CM 21/11 PSC Art 6
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Article 24 - Inspections
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1. Each CP shall ensure that inspections of vessels are carried out by authorised inspectors trained and familiar with the Agreement and relevant conservation and management measures adopted by the Meeting of the Parties. Inspector training programs shall take into account the elements set out in Annex VII, and CPs shall seek to cooperate in this regards.
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CM 21/11 PSC Art 7
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2. Prior to an inspection, the inspector shall present to the master of the vessel an appropriate identity document.
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CM 21/11 PSC Art 7
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3. Each CP shall ensure that inspections of vessels in their ports are carried out at least in accordance with the procedures set out in Annex VIII.
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CM 21/11 PSC Art 7
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4. The port State may invite inspectors of other CPs to accompany their own inspectors and observe the inspection of landings or transhipment operations of fishery resources caught by foreign vessels.
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CM 21/11 PSC Art 7
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5. Each CP shall ensure that their inspectors make all possible efforts to avoid unduly delaying a vessel and that the vessel suffers the minimum interference and inconvenience, and that degradation of the quality of the fish resources is avoided.
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CM 21/11 PSC Art 7
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6. Each CP shall include at least the information set out in Annex IX in the written report of the results of each inspection, which shall be forwarded to the flag State of the vessel and to the Secretariat.
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CM 21/11 PSC Art 7
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Article 25 - Role of flag State
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1. Each CP shall require its vessels to cooperate with the port State in inspections carried out pursuant to this regulation.
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CM 21/11 PSC Art 8
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2. When a CP has clear grounds to believe that one of its vessels has engaged in IUU fishing and is seeking entry to or is in the port of another CP, it shall, as appropriate, request that CP to inspect the vessel or to take other adequate measures.
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CM 21/11 PSC Art 8
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3. Where, following port State inspection, a flag State receives an inspection report indicating that there are clear grounds to believe that a vessel entitled to fly its flag has engaged in IUU fishing, it shall immediately and fully investigate the matter and shall, upon sufficient evidence, take enforcement action without delay in accordance with its laws and regulations.
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CM 21/11 PSC Art 8
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4. Each CP shall, in its capacity as a flag State, report to the Secretariat on actions it has taken in respect of its vessels that, as a result of port State measures taken pursuant to this Chapter, have been determined to have engaged in IUU fishing.
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CM 21/11 PSC Art 8
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Article 26 – Application
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1. This Chapter shall be applied to all CP's ports; within the coastal States, which have areas of national jurisdiction adjacent to the Area.
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CM 21/11 PSC Art 9
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2. Each CP which does not have areas of national jurisdiction adjacent to the Area shall endeavour to apply this Chapter.
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CM 21/11 PSC Art 9
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CHAPTER VII - Measures to promote compliance
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Article 27 - Sightings and identifications of non-CP vessels
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SEAFO CM07/06 25-26
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1. Each CP shall ensure that its vessels report information to its flag State on any possible fishing and fishing related activties by vessels flying the flag of a non- CP in the Area. This information shall contain, inter alia:
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SEAFO CM07/06 25
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name of vessel;
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SEAFO CM07/06 25 a
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registration of the vessel
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SEAFO CM07/06 25 b
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flag State of the vessel;
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SEAFO CM07/06 25 c
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(d) date, time and position of sighting; and
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SEAFO CM07/06 25 d
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(e) date, any other relevant information regarding the sighted vessel.
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-
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2. Each CP shall submit this information to the Secretariat as rapidly as possible. The Secretariat shall forward this information to the CPs for information and for consideration at the next SIOFA Annual Meeting.
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SEAFO CM07/06 26
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