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1. Member States shall require carrier vessels included in the ICCAT record of vessels authorised to receive transhipments in the ICCAT Convention area and which tranship at sea, to carry an ICCAT regional observer during each transhipment operation in the ICCAT Convention area.

2. Observers shall be appointed by ICCAT and shall be placed on board the carrier vessels authorised to receive transhipments in the ICCAT Convention area from large-scale pelagic longline vessels (LSPLVs) flying the flag of CPCs that implement the ICCAT regional observer programme. Designation of the observers 3. The designated observers shall have the following qualifications to accomplish their tasks:

— demonstrated ability to identify ICCAT species and fishing gear with a strong preference given to those with experience as observers on pelagic longline vessels,

— satisfactory knowledge of the ICCAT conservation and management measures,

— the ability to observe and record accurately,

— a satisfactory knowledge of the language of the flag of the vessel observed. Obligations of the observer 4. Observers shall:

(a) have completed the technical training required by the guidelines established by ICCAT;

(b) not be nationals or citizens of the flag State of the receiving carrier vessel;

(c) be capable of performing the duties set out in point 5;

(d) be included in the list of observers maintained by ICCAT;

(e) not be a crew member of the LSPLV or the carrier vessel or an employee of the LSPLV or carrier vessel company.

5. The observer shall monitor the LSPLV's and carrier vessel's adherence to the relevant conservation and management measures adopted by ICCAT. The observers' tasks shall be, in particular, to:

5.1 Visit the LSPLV intending to tranship to a carrier vessel, taking into account the concerns reflected in point 9, and before the transhipment takes place, to:

(a) check the validity of the fishing vessel's authorisation or licence to catch tuna and tuna-like species and any other species caught in association with those species in the ICCAT Convention area;

(b) inspect the fishing vessel's prior authorisations to tranship at sea from the flag CPC and, if appropriate, the coastal State;

(c) check and record the total quantity of catch on board by species and, if possible, by stock, and the quantities to be transhipped to the carrier vessel;

(d) check that the vessel monitoring system (VMS) is functioning and examine the logbook and verify entries, if possible;

(e) verify whether any of the catch on board resulted from transfers from other vessels, and check the documentation on such transfers;

(f) in the case of indication that there are any violations involving the fishing vessel, immediately report the violation(s) to the master of the carrier vessel (taking due regard of any safety considerations) and to the observer programme implementing company, who shall promptly forward it to the flag CPC authorities of the fishing vessel; and (g) record the results of these duties on the fishing vessel in the observer's report.

5.2 Observe the activities of the carrier vessel and:

(a) record and report upon the transhipment activities carried out;

(b) verify the position of the vessel when engaged in transhipping;

(c) observe and estimate quantities of tuna and tuna-like species transhipped by species, if known, and, if possible, by stock;

(d) observe and estimate the quantities of other species caught in association with tuna and tuna-like species by species, if known;

(e) verify and record the name of the LSPLV concerned and its ICCAT record number;

(f) verify the data contained in the transhipment declaration, including through comparison with the LSPLV logbook, where possible;

(g) certify the data contained in the transhipment declaration;

(h) countersign the transhipment declaration; and (i) observe and estimate quantities of product by species when offloaded in the port where the observer is disembarked to verify consistency with quantities received during transhipment at sea.

5.3 In addition, the observer shall:

(a) issue a daily report of the carrier vessel's transhipping activities;

(b) establish general reports compiling the information collected in accordance with the observer's duties and provide the captain the opportunity to include therein any relevant information;

(c) submit to the ICCAT Secretariat the general reports referred to in point (b) within 20 days from the end of the period of observation;

(d) exercise any other functions as defined by ICCAT.

6. Observers shall treat as confidential all information with respect to the fishing operations of the LSPLV and of the LSPLV owners and accept this requirement in writing as a condition of appointment as an observer.

7. Observers shall comply with requirements established in the laws and regulations of the flag Member State and, where relevant, the coastal State, which exercises jurisdiction over the vessel to which the observer is assigned.

8. Observers shall respect the hierarchy and general rules of behaviour which apply to all vessel personnel, provided such rules do not interfere with the duties of the observer under this programme, and with the obligations of vessel personnel set out in point 9. Responsibilities of the flag States of carrier vessels 9. The conditions associated with implementation of the regional observer programme vis à vis the flag States of the carrier vessels and their captains include, in particular, the following:

(a) Observers shall be allowed access to the vessel personnel, pertinent documentation, and to the gear and equipment.

(b) Upon request, observers shall also be allowed access to the following equipment, if present on the vessels to which they are assigned, in order to facilitate the carrying out of their duties set out in point 5:

(i) satellite navigation equipment;

(ii) radar display viewing screens when in use;

(iii) electronic means of communication; and (iv) scale used for weighing transhipped product.

(c) Observers shall be provided with accommodations, including lodging, food and adequate sanitary facilities, equal to those of officers.

(d) Observers shall be provided with adequate space on the bridge or pilot house for clerical work, as well as space on deck adequate for carrying out observer duties.

(e) Observers shall be allowed to determine the most advantageous location and method for viewing transhipment operations and estimating species/stocks and quantities transhipped. In this regard, the master of the carrier vessel, giving due regard to safety and practical concerns, shall accommodate the needs of the observers, including, upon request, temporarily placing product on the carrier vessel deck for inspection by the observers and providing adequate time for the observers to carry out their duties. Observations shall be conducted in a manner that minimises interference and avoids compromising the quality of the products transhipped.

(f) In light of the provisions of point 10, the master of the carrier vessel shall ensure that all necessary assistance is provided to the observer to ensure safe transport between the carrier and fishing vessels should weather and other conditions permit such an exchange. and

(g) The flag States shall ensure that captains, crew and vessel owners do not obstruct, intimidate, interfere with, influence, bribe or attempt to bribe the observers in the performance of their duties. Responsibilities of LSPLVs during transhipments 10. Observers shall be allowed to visit the fishing vessel, if weather and other conditions permit, and shall be granted access to personnel, all pertinent documentation, and areas of the vessel necessary to carry out their duties set out in point 5. The master of the fishing vessel shall ensure that all necessary assistance is provided to the observer to ensure safe transport between the carrier and fishing vessels. Should conditions present an unacceptable risk to the welfare of the observer such that a visit to the LSPLV is not feasible prior to the start of transhipment operations, such operations may still be carried out. Observer fees

11. The costs of implementing this programme shall be financed by the flag CPCs of LSPLVs wishing to engage in transhipment operations. The fee shall be calculated on the basis of the total costs of the programme. That fee shall be paid into a special account of the ICCAT Secretariat and the ICCAT Secretariat shall manage the account for implementing the programme.

12. No LSPLV may participate in the transhipment at sea programme unless the fees, as required under point 11, are paid.