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Duties of the master of a Union fishing vessel during an inspection

2. If the master of a Union fishing vessel refuses to allow an authorised inspector to carry out a boarding and inspection activity in accordance with the procedures set out in this Regulation, that master shall explain the reason for such refusal. The authorities of the inspection vessel shall immediately notify the flag Member States authorities of the fishing vessel, as well as the Commission, or a body designated by it, of the master’s refusal and any explanation provided. The Commission shall immediately inform the WCPFC Secretariat of such notification.

3. When notified of a refusal pursuant to paragraph 2, the flag Member State authorities of a fishing vessel shall direct the master to accept boarding and inspection unless generally accepted international regulations, procedures and practices relating to safety at sea make it necessary to delay the boarding and inspection.

4. If the master does not comply with a direction given pursuant to paragraph 3, the flag Member State shall suspend the vessel’s authorisation to fish and order the vessel to return immediately to port. The flag Member State shall immediately notify the authorities of the inspection vessel and the Commission, or a body designated by it, of the action it has taken.

1. Without prejudice to any obligation of the master of a Union fishing vessel during an inspection provided for in any act adopted pursuant to Regulation (EC) No 1224/2009, during a boarding and the conduct of an inspection the master of a Union fishing vessel shall:

(a) follow internationally accepted principles of good seamanship so as to avoid risks to the safety of authorised inspection vessels and inspectors;

(b) accept and facilitate the prompt and safe boarding by authorised inspectors;

(c) cooperate with and assist in the inspection of the vessel pursuant to the WCPFC boarding and inspection procedures;

(d) refrain from unduly obstructing or delaying the authorised inspectors in the performance of their duties;

(e) allow the authorised inspectors to communicate with the crew of the inspection vessel, the authorities of the inspection vessel, as well as with the authorities of the fishing vessel being inspected;

(f) provide the authorised inspectors with reasonable facilities, equivalent to those normally available to an officer on board the vessel, including, where appropriate, food and accommodation; and (g) facilitate safe disembarkation by the authorised inspectors.