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1. The design and construction of FADs to be deployed in, or that drift into, the Convention Area shall comply with the following specifications:

(a) if the floating or raft part (flat or rolled structure) of the FAD is covered with a mesh net, it shall have a stretched mesh size of less than 7 cm and the mesh net shall be well wrapped around the whole raft so that there is no netting hanging below the FAD when it is deployed;

(b) if a mesh net is used, it shall have a stretched mesh size of less than 7 cm or be tied tightly in bundles or ‘sausages’ with enough weight at the end to keep the netting taut down in the water column. Alternatively, a single weighted panel of less than 7 cm stretched mesh size net or a solid sheet (such as canvas or nylon) may be used.

2. During the FAD closure periods established by Union acts on the allocation of fishing opportunities, Union purse seine vessels, including any of their fishing gears or tenders, conducting a set shall be prohibited from being located within one nautical mile of a FAD.

3. Union fishing vessels shall not be used to aggregate fish, or to move aggregated fish, including by using underwater lights and chumming.

4. FADs or associated electronic equipment shall not be retrieved by a Union fishing vessel during a FAD closure period unless:

(a) FADs or associated electronic equipment are retrieved and kept on board the vessel until landed or until the end of the FAD closure period; and (b) the Union fishing vessel does not conduct any set either for a period of 7 days after retrieval or within a 50 nautical mile radius of the point of retrieval of any FAD.

5. In addition to paragraph 4, Union fishing vessels shall not operate in cooperation with each other in order to catch aggregated fish.

6. Union fishing vessels shall not conduct any set during the closure period within one nautical mile of a point where a FAD has been retrieved by another vessel within 24 hours before the set, if the master of the Union fishing vessel has the knowledge of the location and time of that FAD retrieval.

7. Member States shall ensure that the vessels flying their flag operating in the waters of a coastal State comply with the laws of that coastal State relating to FAD management, including FAD tracking.