FantasticSearch

General provisions of chartering agreement The chartering agreement shall contain the following conditions: The flag CPC has consented in writing to the chartering agreement; The duration of the fishing operations under the chartering agreement does not exceed 12 months in any calendar year. Fishing vessels to be chartered shall be registered to responsible contracting parties and cooperating non-contracting parties, which explicitly agree to apply IOTC conservation and management measures and enforce them on their vessels. All flag contracting parties or cooperating non-contracting parties, concerned shall effectively exercise their duty to control their fishing vessels to ensure compliance with IOTC conservation and management measures. Fishing vessels to be chartered shall be on the IOTC record of vessels authorized to operate in the IOTC Area of Competence.

Without prejudice to the duties of the chartering CPC, the flag CPC shall ensure that the chartered vessel complies with both the legislation of the chartering CPC and of the flag CPCs and shall ensure compliance by chartered vessels with relevant Conservation and Management Measures established by IOTC, in accordance with their rights, obligations and jurisdiction under international law. If the chartered vessel is allowed by the chartering CPC to go and fish in the high seas, the flag CPC is then responsible for controlling the high seas fishing conducted pursuant to the charter arrangement. The chartered vessel shall report VMS and catch data to both the CPCs (chartering and flag) and to the IOTC Secretariat. All catches (historical and current/future), including bycatch and discards, taken pursuant to the chartering agreement, shall be counted against the quota or fishing possibilities of the chartering CPC. The observer coverage (historical, current/future) on board such vessels shall also be counted against the coverage rate of the chartering CPC for the duration that the vessel fishes under the Charter Agreement.

The chartering CPC shall report to the IOTC all catches, including bycatch and discards, and other information required by the IOTC, and as per the Charter Notification Scheme detailed in Part IV of CMM 19/07. Vessel Monitoring Systems (VMS) and, as appropriate, tools for differentiation of fishing areas, such as fish tags or marks, shall be used, according to the relevant IOTC Conservation and Management Measures, for effective fishery management. There shall be observer coverage of at least 5 % of fishing effort. The chartered vessels shall have a fishing license issued by the chartering CPC, and shall not be on the IOTC IUU list, and/or IUU list of other Regional Fisheries Management Organisations. When operating under charter agreements, the chartered vessels shall not, to the extent possible, be authorized to use the quota (if any) or entitlement of the flag Contracting Parties or Cooperating Non-Contracting Parties. In no case shall the vessel be authorized to fish under more than one chartering agreement at the same time.

Unless specifically provided in the chartering agreement, and consistent with relevant domestic law and regulation, the catches of the chartered vessels shall be unloaded exclusively in the Ports of the chartering Contracting Party or under its direct supervision in order to assure that the activities of the chartered vessels do not undermine IOTC Conservation and Management Measures. The chartered vessel shall at all times carry a copy of the charter documentation.