Proposal for a Council Decision on the conclusion of the Agreement in the form of an Exchange of Letters concerning the provisional application of the Protocol setting out, for the period from 1 June 2002 to 31 May 2005, the fishing opportunities and the financial contribution provided for by the Agreement between the European Economic Community and the Government of the Democratic Republic of São Tomé and Príncipe on fishing off the coast of São Tomé and Príncipe
Date: 2002-07-15
Institutions: European Commission
Subjects: São Tomé and Príncipe, agreement (EU), exchange of information, financial compensation of an agreement, fishing agreement, fishing area, fishing controls, fishing licence, protocol to an agreement, sea fishing

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 15.07.2002
COM(2002) 397 final

Proposal for a

COUNCIL DECISION

on the conclusion of the Agreement in the form of an Exchange of Letters concerning
the provisional application of the Protocol setting out, for the period from 1 June 2002 to
31 May 2005, the fishing opportunities and the financial contribution provided for
by the Agreement between the European Economic Community and the
Government of the Democratic Republic of São Tomé and Príncipe on
fishing off the coast of São Tomé and Príncipe

(presented by the Commission)

EXPLANATORY MEMORANDUM

The Protocol to the agreement between the European Community and São Tomé and Príncipe
expired on 31 May 2002. A new Protocol was initialled by both parties on 14 February 2002
fixing the technical and financial conditions governing the fishing activities of Community
vessels in São Tomé and Príncipe waters for the period from 1 June 2002 to 31 May 2005.

The Commission proposes, on this basis, that the Council adopt by decision the draft Agreement
in the form of an Exchange of Letters concerning the provisional application of the new Protocol
pending its definitive entry into force.

A proposal for a Council regulation on the conclusion of the new Protocol is the subject of a
separate procedure.

2

Proposal for a

COUNCIL DECISION

on the conclusion of the Agreement in the form of an Exchange of Letters concerning
the provisional application of the Protocol setting out, for the period from 1 June 2002 to
31 May 2005, the fishing opportunities and the financial contribution provided for
by the Agreement between the European Economic Community and the
Government of the Democratic Republic of São Tomé and Príncipe on
fishing off the coast of São Tomé and Príncipe

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article
300(2) thereof,

Having regard to the proposal from the Commission,

Whereas:

(1)

(2)

(3)

(4)

In accordance with the Agreement between the European Economic Community and
the Government of the Democratic Republic of São Tomé and Príncipe on fishing off
the coast of São Tomé1, the two parties have held negotiations with a view to
determining the amendments or additions to be made to the Agreement at the end of
the period of application of the Protocol.

As a result of these negotiations, a new Protocol was initialled on 14 February 2002.

The Protocol provides Community fishermen with fishing opportunities in waters
under the sovereignty or jurisdiction of São Tomé and Príncipe from 1 June 2002 to
31 May 2005.

In order to ensure uninterrupted fishing activities by Community vessels, it is essential
that the new Protocol be approved as quickly as possible. To this end, the two parties
initialled an Agreement in the form of an Exchange of Letters providing for the
provisional application of the initialled Protocol from 1 June 2002.

(5)

The allocation of the fishing opportunities among the Member States should be
defined as well as their obligations to notify the caches,

1 OJ ..., ..., p..

3

HAS DECIDED AS FOLLOWS:

Article 1

The Agreement in the form of an Exchange of Letters concerning the provisional application of
the Protocol setting out, for the period from 1 June 2002 to 31 May 2005, the fishing
opportunities and the financial contribution provided for by the Agreement between the
European Economic Community and the Government of the Democratic Republic of São Tomé
and Príncipe on fishing off the coast of São Tomé and Príncipe is hereby approved on behalf of
the Community.

The texts of the Agreement in the form of an Exchange of Letters and of the Protocol are
attached to this Decision.

The fishing opportunities set out in the Protocol shall be allocated among the Member States as
follows:

Article 2

-

-

-

-

freezer tuna seiners:

France: 18

Spain: 18

pole-and-line tuna vessels:

Portugal: 2

surface longliners:

Spain: 20

Portugal: 5

experimental deep-water fishing
targeting crab
(1 June 2002 to 31 May 2003 only)

Spain: 2

vessels under 250 GRT

Portugal: 1

vessel under 250 GRT

If licence applications from these Member States do not cover all the fishing opportunities fixed
by the Protocol, the Commission may take into consideration licence applications from any other
Member State.

Article 3

The Member States whose vessels fish under this Protocol shall notify the Commission of the
quantities of each stock caught in the São Tomé and Príncipe fishing zone in accordance with
Commission Regulation (EC) No 500/20012 of 14th March 2001.

2 OJ L 73, 15.3.2001, p. 8.

4

Article 4

The President of the Council is hereby authorised to designate the persons empowered to sign the
Agreement in the form of an Exchange of Letters in order to bind the Community.

Done at Brussels,

For the Council
The President

5

AGREEMENT

in the form of an Exchange of Letters concerning the application of the Protocol setting
out, for the period from 1 June 2002 to 31 May 2005, the fishing opportunities and the
financial contribution provided for by the Agreement between the European Economic
Community and the Government of the Democratic Republic of São Tomé and Príncipe
on fishing off the coast of São Tomé and Príncipe

A. Letter from the Government of the Democratic Republic of São Tomé and Príncipe

Sir,

With reference to the Protocol initialled on 14 February 2002 at São Tomé setting out the
fishing opportunities and financial contribution for the period from 1 June 2002 to 31 May
2005, I have the honour to inform you that the Government of the Democratic Republic of
São Tomé and Príncipe is prepared to apply the Protocol on a provisional basis with effect
from 1 June 2002, pending its entry into force in accordance with Article 9 of the said
Protocol, provided the European Community is disposed to do the same.

This is on the understanding that the first instalment of the financial compensation specified
in Article 2 of the Protocol is paid by 31 December 2002.

I should be obliged if you would confirm the European Community’s agreement to such
provisional application.

Please accept, Sir, the assurance of my highest consideration,

For the Government of the Democratic Republic of São Tomé and Príncipe

6

B. Letter from the European Community

I have the honour to acknowledge receipt of your letter of today’s date, which reads as
follows:

“With reference to the Protocol initialled on 14 February 2002 at São Tomé setting out the
fishing opportunities and financial contribution for the period from 1 June 2002 to 31 May
2005, I have the honour to inform you that the Government of the Democratic Republic of
São Tomé and Príncipe is prepared to apply the Protocol on a provisional basis with effect
from 1 June 2002, pending its entry into force in accordance with Article 9 of the said
Protocol, provided the European Community is disposed to do the same.

This is on the understanding that the first instalment of the financial compensation specified
in Article 2 of the Protocol is paid by 31 December 2002.

I should be obliged if you would confirm the European Community’s agreement to such
provisional application.”

I have the honour to confirm the Community’s agreement to such provisional application of
the Protocol.

Please accept, Sir, the assurance of my highest consideration,

On behalf of the Council of the European Union

7

PROTOCOL

SETTING OUT, FOR THE PERIOD FROM 1 JUNE 2002 TO 31 MAY 2005,
THE FISHING OPPORTUNITIES AND THE FINANCIAL CONTRIBUTION
PROVIDED FOR BY THE AGREEMENT BETWEEN THE EUROPEAN
ECONOMIC COMMUNITY AND THE GOVERNMENT OF THE
DEMOCRATIC REPUBLIC OF SÃO TOMÉ AND PRÍNCIPE ON FISHING
OFF THE COAST OF SÃO TOMÉ AND PRÍNCIPE

Article 1

From 1 June 2002 and for a period of three years, fishing opportunities pursuant to
Article 2 of the Agreement shall be as follows:

– freezer tuna seiners:

– pole-and-line tuna vessels:

– surface longliners:

36 vessels

2 vessels

25 vessels

For deep-water fishing vessels targeting crab, provision shall be made for a 12-month
period of experimental fishing starting from the provisional date of application of this
Protocol (1 June 2002 - 31 May 2003). During this 12-month period, three vessels
under 250 GRT may fish simultaneously in São Tomé and Príncipe’s exclusive
economic zone (EEZ).

Article 2

The financial contribution referred to in Article 6 of the Agreement shall be fixed at:

EUR 925 000 in the first year, comprising EUR 555 000 financial compensation and
EUR 370 000 for the measures referred to in Article 4 of this Protocol. The
Community shall also provide financing of EUR 50 000, in the first year, for an
evaluation study on deep-water crab;

EUR 637 500 in the second year, comprising EUR 382 500 financial compensation
and EUR 255 000 for the measures referred to in Article 4 of this Protocol;

EUR 637 500 in the third year, comprising EUR 382 500 financial compensation and
EUR 255 000 for the measures referred to in Article 4 of this Protocol.

For tuna fishing the financial contribution shall cover an annual catch of 8 500 tonnes
in São Tomé and Príncipe waters. If the tuna caught each year by Community vessels
in São Tomé and Príncipe’s exclusive economic zone exceeds this weight, the amount
referred to above shall be proportionately increased at the rate of EUR 75 per
additional tonne.

The annual financial compensation shall be payable not later than 31 December 2002,
and not later than 31 May 2003 and 2004. Its use shall be the sole responsibility of the

8

Government of the Democratic Republic of São Tomé and Príncipe. It shall be paid to
the Public Treasury of São Tomé and Príncipe.

Article 3

The two parties, meeting within the framework of the Joint Committee provided for in
Article 8 of the Agreement, shall consult on the basis of the results of the
experimental fishing mentioned above and in the light of the best available scientific
advice to include, where appropriate, sustainable levels of fishing opportunities for
deep-water fishing vessels targeting crab and the financial contribution applicable
from the second year of application of the Protocol. These consultations should take
place before the end of the first year.

Article 4

1.

The measures set out below shall be financed from the financial contribution
for the first year, to the amount of EUR 370 000 per year, broken down as
follows:

(a)

(b)

(c)

(d)

(e)

scientific and technical programmes to promote better understanding of
fisheries and living resources in the São Tomé and Príncipe fishing
zone: EUR 50 000,

stepping up surveillance, inspection and checks in the fishing zones:
EUR 50 000,

institutional support to the administrative department responsible for
fisheries: EUR 50 000,

study grants and practical training courses in the various scientific,
technical and economic fields linked to fishing: EUR 40 000,

fisheries
São Tomé and Príncipe’s contributions to international
organisations and expenses of São Tomé and Príncipe delegates
participating
fisheries:
EUR 35 000,

international meetings

concerning

in

(f)

aid for small-scale fishing: EUR 145 000.

2.

The measures set out below shall be financed from the financial contribution
for the second and third years, to the amount of EUR 255 000 per year,
broken down as follows:

(a)

scientific and technical programmes to promote better understanding of
fisheries and living resources in the São Tomé and Príncipe fishing
zone: EUR 40 000,

(b)

stepping up surveillance, inspection and checks in the fishing zones:
EUR 40 000,

9

(c)

(d)

(e)

institutional support to the administrative department responsible for
fisheries: EUR 40 000,

study grants and practical training courses in the various scientific,
technical and economic fields linked to fishing: EUR 30 000,

São Tomé and Príncipe’s contributions to international
fisheries
organisations and expenses of São Tomé and Príncipe delegates
participating
fisheries:
EUR 35 000,

international meetings

concerning

in

(f)

aid for small-scale fishing: EUR 70 000.

The measures and the annual amounts allocated thereto shall be decided on by the São
Tomé and Príncipe Ministry responsible for
inform the
Commission thereof.

fisheries, which shall

The annual amounts, with the exception of those referred to at (d) and (e), shall be
paid into an account designated by the São Tomé and Príncipe Ministry responsible
for fisheries and used under the terms of a protocol to be negotiated with the Public
Treasury no later than 31 December 2002, 31 May 2003 and 31 May 2004 according
to the annual schedule for their use. The amounts referred to at (d) and (e) shall be
paid as they are used.

The São Tomé and Príncipe Ministry responsible for fisheries shall transmit a detailed
annual report on the implementation of these measures and the results achieved to the
Delegation of the European Commission responsible for São Tomé and Príncipe, no
later than three months after the anniversary date of the Protocol. The Commission
reserves the right to request additional information on these results from the São
Tomé and Príncipe Ministry responsible for fisheries and, following consultation with
the São Tomé and Príncipe authorities within the framework of meetings of the Joint
Committee provided for in Article 8 of the Agreement, to review the payments
concerned in the light of the actual implementation of the measures.

Article 5

Should the Community fail to make the payments provided for in Articles 2 and 4, the
application of this Protocol may be suspended.

Article 6

A joint scientific meeting shall be held annually to evaluate periodically within the
Joint Committee the state of crab resources. Based on the findings,
the fishing
opportunities laid down in Article 1 of this Protocol and the financial contribution laid
down in Article 2 may be adjusted after agreement between the two parties meeting
within the framework of the Joint Committee.

10

Article 7

Should a fundamental change in circumstances prevent fishing in São Tomé and
Príncipe’s exclusive economic zone, the European Community may suspend payment
of the financial contribution following prior consultation, if possible, between the two
parties in the Joint Committee.

Payment of the financial contribution shall recommence once the situation returns to
normal and following consultation between the two parties in the Joint Committee
confirming that the situation is likely to allow a return to normal fishing activities.

Article 8

The Annex to the Agreement between the European Economic Community and the
Government of the Democratic Republic of São Tomé and Príncipe on fishing off the
coast of São Tomé and Príncipe is hereby repealed and replaced by the Annex to this
Protocol.

Article 9

This Protocol shall enter into force on the date on which it is signed.

It shall apply from 1 June 2002.

11

ANNEX

CONDITIONS GOVERNING FISHING BY COMMUNITY VESSELS IN THE
SÃO TOMÉ AND PRÍNCIPE FISHING ZONE

1.

APPLICATION FOR AND ISSUE OF LICENCES

The procedure for applications for, and issue of, the licences referred to in
Article 4 of the Agreement shall be as follows.

The relevant Community authorities shall present to the São Tomé and
Príncipe Ministry responsible for
the
European Commission responsible for São Tomé and Príncipe, an
application for each vessel that wishes to fish under the Agreement, at least
20 days before the date of commencement of the period of validity requested.

fisheries, via the Delegation of

The applications shall be made on the forms provided for that purpose by the
Government of the Democratic Republic of São Tomé and Príncipe, a
specimen of which is attached hereto (Appendix 1).

Licences shall be issued by the São Tomé and Príncipe authorities within 20
their
days of
representatives via the Delegation of the European Commission responsible
for São Tomé and Príncipe.

the application to the shipowners or

submission of

Licences shall be issued for specific vessels and shall not be transferable.
However, at the request of the European Commission, a vessel’s licence
may, and where force majeure is proved, shall, be replaced by a new licence
for another vessel whose features are similar to those of the first vessel. The
owner of the first vessel shall return the cancelled licence to the São Tomé
and Príncipe Ministry responsible for fisheries via the Delegation of the
European Commission responsible for São Tomé and Príncipe.

The new licence shall indicate:

–

–

the date of issue,

the fact that it replaces the licence of the previous vessel for the
remaining period of validity.

In this case, no new one-off payment as laid down in points 2 and 4 shall be
due.

The licence must be kept on board at all times; however, on receipt of
notification of payment of the advance sent to the São Tomé and Príncipe
authorities by the European Commission, the vessel shall be entered on a list
of vessels authorised to fish, which shall be sent to the São Tomé and
Príncipe authorities responsibilities for fisheries inspection. A copy of the
said licence may be obtained by fax pending arrival of the licence itself; that
copy shall be kept on board.

12

2.

PROVISIONS APPLICABLE TO TUNA SEINERS, POLE-AND-LINE
TUNA VESSELS AND SURFACE LONGLINERS

Licences shall be valid for one year. They shall be renewable.

The fees provided for in Article 4 of the Agreement shall be set at EUR 25
per tonne caught in the São Tomé and Príncipe fishing zone.

The competent authorities of São Tomé and Príncipe shall communicate the
detailed rules for payment of the fees, in particular the bank accounts and
currencies to be used.

Licences shall be issued following payment into an account designated by
the São Tomé and Príncipe Ministry responsible for fisheries to be used
under the terms of a protocol to be negotiated with the Public Treasury of a
one-off payment of EUR 3 750 per year for each tuna seiner, EUR 625 per
year for each pole-and-line tuna vessel, EUR 1 375 per year for each surface
longliner of more than 150 GRT and EUR 1000 per year for each surface
longliner, equivalent to the fees for:

–

–

–

150 t of tuna caught per year in the case of tuna seiners,

25 t of tuna caught per year in the case of pole-and-line tuna vessels,

55 t of tuna caught per year in the case of surface longliners.

3.

STATEMENT OF CATCH AND STATEMENT OF FEES DUE FROM
OWNERS OF TUNA SEINERS, POLE-AND-LINE TUNA VESSELS
AND SURFACE LONGLINERS

A fishing log in accordance with the ICCAT model in Appendix 2 shall be
kept on vessels for each fishing period spent in São Tomé and Príncipe
waters. It shall be filled in even when no catches are made.

The words “Outside São Tomé and Príncipe’s EEZ” shall be entered in the
abovementioned logbook in respect of periods during which the said vessels
are not in São Tomé and Príncipe waters.

The forms, which must be legible and signed by the captains or their
representatives, shall be sent within 45 days of the end of fishing activities in
São Tomé and Príncipe’s exclusive economic zone to the São Tomé and
Príncipe Ministry responsible for
the
European Commission responsible for São Tomé and Príncipe, and as soon
as possible,
le
Développement (IRD), the Spanish Oceanographic Institute (IEO) or the
Instituto Português de Investigação Marítima (IPIMAR).

to the Institut de Recherche pour

fisheries, via the Delegation of

for processing,

If these provisions are not complied with,
the São Tomé and Príncipe
Ministry responsible for fisheries reserves the right to suspend the licence of
the offending vessel until these formalities have been carried out and to apply
the penalties provided for under national law. In such cases, the Delegation

13

of the European Commission responsible for São Tomé and Príncipe shall be
informed without delay.

Member States shall inform the European Commission before 31 July each
year of the tonnages caught during the past year, as confirmed by the
scientific institutes. On the basis of those figures the Commission shall draw
up the statement of fees due in respect of the fishing year, which it shall then
send to the São Tomé and Príncipe Ministry responsible for fisheries.

Shipowners shall receive notification of the statement drawn up by the
Commission by 30 September at the latest, and shall have 30 days in which
to meet their financial obligations. This payment shall be made by the
shipowners to an account designated by the São Tomé and Príncipe Ministry
responsible for fisheries to be used under the terms of a protocol to be
negotiated with the Public Treasury. In cases where the amount payable in
respect of actual fishing operations is less than the advance payment,
shipowners cannot recover the balance.

4.

5.

PROVISIONS APPLICABLE TO DEEP-WATER FISHING VESSELS
TARGETING CRAB

(a)

Licences issued to deep-water fishing vessels targeting crab shall be
valid for three months. They shall be renewable.

(b) The quarterly fee shall be EUR 42 per GRT per vessel.

STATEMENT OF CATCH FROM OWNERS OF DEEP-WATER
FISHING VESSELS TARGETING CRAB

Deep-water fishing vessels targeting crab authorised to fish in São Tomé and
Príncipe’s exclusive economic zone under the Agreement shall notify their
catch statistics to the São Tomé and Príncipe Ministry responsible for
fisheries through the Delegation of the European Commission responsible for
São Tomé and Príncipe using the form given in Appendix 3. These
statements shall be monthly and must be communicated at least once every
quarter.

6.

INSPECTION AND MONITORING

Community vessels fishing in the São Tomé and Príncipe fishing zone shall
permit and facilitate the boarding and fulfilment of the tasks of São Tomé
and Príncipe officials responsible for the inspection and monitoring of
fishing activities. These officials should not remain on board any longer than
the time required to verify catches by sampling and carry out any other
inspections relating to fishing activities.

14

7.

OBSERVERS

At the request of the São Tomé and Príncipe authorities, tuna seiners and
surface longliners shall take an observer on board who shall be treated as an
officer. Deep-water fishing vessels targeting crab shall systematically take an
observer on board. That observer shall be treated as an officer. The time
spent on board by the observer shall be fixed by the São Tomé and Príncipe
authorities but, as a general rule, it should not exceed the time required to
carry out his duties. Once on board, observers shall:

–

–

–

–

–

observe the fishing activities of the vessels,

verify the position of vessels engaged in fishing operations,

perform biological sampling in the context of scientific programmes,

note the fishing gear used,

verify the catch data for the São Tomé and Príncipe zone recorded in
the logbook.

While on board, observers shall:

–

–

–

take all appropriate steps to ensure that the conditions under which they
are taken on board and their presence on board do not interrupt or
hamper fishing activities,

respect the material and equipment on board and the confidentiality of
all documents belonging to the said vessel.

draw up an activity report to be transmitted to the competent São Tomé
and Príncipe authorities and copied to the Delegation of the European
Commission responsible for São Tomé and Príncipe. For deep-water
vessels targeting crab, this report shall include an interim statement of
catches taken in the exclusive economic zone and entered in the
logbook. This interim statement must be submitted before the licence is
issued for the following period.

The conditions under which observers are taken on board, which should
neither interrupt nor hinder the fishing activities. shall be agreed between the
shipowner or his agent and the São Tomé and Príncipe authorities.

The shipowner shall, via his agent, make a payment of EUR 10 to the
Government of São Tomé and Príncipe for each day spent by an observer on
board a tuna seiner, surface longliner or deep-water fishing vessel targeting
crab as a contribution to the cost of the observer on board.

If the shipowner is unable to take the observer on board and put him off at a
São Tomé and Príncipe port agreed by common accord with that country’s
authorities, the shipowner shall bear the cost of taking the observer on board
and putting him ashore.

15

If the observer is not present at the time and place agreed and during the 12
hours following the time agreed,
the shipowner shall be automatically
absolved of his obligation to take the observer on board.

The salary and social contributions of observers shall be borne by the
competent São Tomé and Príncipe authorities.

8.

FISHING ZONES

The tuna vessels and surface longliners referred to in Article 1 of the
Protocol shall be authorised to engage in fishing activities in the waters
beyond twelve nautical miles from the coast of each island.

The deep-water fishing vessels targeting crab referred to in Article 1 of the
Protocol shall be authorised to engage in fishing activities in the waters from
the 650 isobath.

Without exception, all fishing activity in the zone destined for
joint
exploitation by São Tomé and Príncipe and Nigeria, delimited by the
coordinates set out in Appendix 4, shall be prohibited.

9.

ENTERING AND LEAVING THE ZONE

Vessels shall notify the coastal radio station and the São Tomé and Príncipe
Ministry responsible for fisheries of their intention to enter or leave São
Tomé and Príncipe’s fishing zone at least 24 hours in advance (by telephone
+239-12-22091, fax +239-12-22828, or e-mail dpescas1@cstome.net).

When notifying their departure, all vessels shall also notify the estimated
catches taken during the time they have spent in São Tomé and Príncipe’s
fishing zone. This information should preferably be communicated by fax or,
for vessels not equipped with fax, by radio.

A vessel found to be fishing without having informed the São Tomé and
Príncipe Ministry responsible for fisheries shall be regarded as a vessel
without a licence.

Vessels shall also be informed of the fax and telephone numbers and e-mail
address when the fishing licence is issued.

The São Tomé and Príncipe Ministry responsible for fisheries and the
shipowners shall keep a copy of fax communications or a recording of radio
communications until both parties have agreed to the final statement of fees
due referred to in point 3.

16

10.

BY-CATCHES

Tuna seiners shall make any by-catches available to the São Tomé and
Príncipe Directorate for Fisheries, which will take charge of recovering and
landing them.

11.

SIGNING-ON OF SEAMEN

At the request of the São Tomé and Príncipe authorities, the tuna seiner fleet
shall take on board six São Tomé and Príncipe seamen for the duration of the
fishing season. No vessel may take more than one seaman on board.

The conditions of employment and remuneration shall be fixed by mutual
agreement between the shipowners and representatives of the seamen.

Should the fleet of tuna seiners not take on board six seamen, shipowners
shall be obliged to pay compensation for the seamen not taken on board, the
level of which shall be fixed by the two parties and shall correspond to the
duration of the fishing season.

That sum shall be used for the training of seamen/fishermen in São Tomé
and Príncipe and shall be paid into an account specified by the São Tomé and
Príncipe Ministry responsible for fisheries.

12.

STANDARDS

The international standards on tuna fishing as recommended by ICCAT shall
apply.

13.

USE OF SERVICES

Community vessels shall, wherever possible, procure the supplies and
services they require in São Tomé and Príncipe ports.

14.

(a)

PROCEDURES IN THE CASE OF BOARDING

Transmission of information

The São Tomé and Príncipe Ministry responsible for fisheries shall inform
the Delegation of the European Commission responsible for São Tomé and
Príncipe and the flag State, within 48 hours, of the boarding of any
Community fishing vessel fishing under the fisheries agreement in the São
Tomé and Príncipe fishing zone and shall transmit a brief report of the
circumstances and reasons leading to such boarding. The Delegation of the
European Commission responsible for São Tomé and Príncipe and the flag
informed of any proceedings initiated and penalties
State shall be kept
imposed.

17

(b)

Settlement of boarding

In accordance with the law on fisheries and the relevant
infringements may be settled:

regulations,

–

–

either out of court, in which case the amount of the fine shall be
determined in accordance with São Tomé and Príncipe legislation
laying down minimum and maximum figures,

or by legal proceedings, if no out-of-court settlement was possible, in
accordance with São Tomé and Príncipe law.

(c)

The vessel shall be released and its crew authorised to leave the port:

–

–

either as soon as the obligations imposed by the out-of-court procedure
have been completed on presentation of the receipt for the settlement,
or

on presentation of proof that a bank security has been lodged, pending
completion of the legal proceedings.

15.

PROCEDURES IN THE CASE OF PENALTIES

The Delegation of the European Commission responsible for São Tomé and
Príncipe shall be informed of any application of penalties involving a fishing
vessel flying the flag of a Member State of the Community fishing under the
fisheries agreement between the European Economic Community and São
Tomé and Príncipe and shall receive a brief report of the circumstances and
reasons leading to such penalties.

18

Appendix 1
DEMOCRATIC REPUBLIC OF SÃO TOMÉ AND PRÍNCIPE
MINISTRY OF AGRICULTURE AND FISHERIES
FISHING LICENCE APPLICATION No

Name of applicant............................................................................................................................

Name and address of shipowner ......................................................................................................

Name and address of any representative in São Tomé and Príncipe ...............................................

.........................................................................................................................................................

Name of vessel.................................................................................................................................

Type of vessel..................................................................................................................................

Country of registry...........................................................................................................................

Port and registration number ...........................................................................................................

Vessel’s external identification........................................................................................................

Radio call sign and frequency..........................................................................................................

Length of vessel...............................................................................................................................

Width of vessel ................................................................................................................................

Engine type and horse power...........................................................................................................

Hold capacity...................................................................................................................................

Minimum number of seamen...........................................................................................................

Type of fishing.................................................................................................................................

Species targeted ...............................................................................................................................

.........................................................................................................................................................

Period of validity requested:

‘I certify that this information is correct.

I hereby declare that I know, approve and undertake to comply with the law governing sea fishing
in the Democratic Republic of São Tomé and Príncipe and the applicable international law.”

Date .............................................

APPLICANT

19

ICCAT LOGBOOK FOR TUNA FISHERY

Vessel name:……………………………………………………………………

Flag Country:
……………………………………………………………………...........................

Gross tonnage (GRT):
………………………………………………….............................
Capacity - (MT): ……………………………………………..

Boat LEFT:

Month Day

Year

Port

Registration No: ……………………………………………………………….

Captain: ………………………………………………………..

Owner: …………………………………………………………

Address: ………………………………………………………………………….

No of Crew:
….…………………………………………………........................
Reporting Date: ……………………………………………….

Boat RETURNED:

(Reported by):
……………………………………………….................................

No of days at sea:

No of fishing days:

No of sets made:

Trip No:

Longline

Live bait

Purse seine

Trawling

Others

Date

Area

Month

Day

/

S
N
e
d
u
t
i
t
a
L

/

W
E
e
d
u
t
i
g
n
o
L

Surf.
Water
Temp.
(ºC)

Effort

Bluefin Tuna

No of hooks
used

Thunnus
Thynnus or
maccoyii

Catches

Yellowfin Tuna

(Bigeye Tuna)

(Albacore)

(Swordfish)

Thunnus
albacares

Thunnus
obesus

Thunnus
alalunga

Xiphias
gladius

(Striped marlin)
(White Marlin)

Tetraptunus
audax or albidus

(Black Marlin)

(Sailfish)

Skipjack

Makaira
indica

Istiophorus albicane
or platypterus

Katsuwonus
pelamis

(Mixed catches)

No Weigh

No

kg

No

kg

No

kg

No

kg

No

kg

No

kg

No

kg

No

kg

No

kg

t
kg

Isco usado na pesca
(Bait used)

y
r
u
a
S

d
i
u
q
S

t
i
a
b
e
v
i
L

(Others)

Daily Total

(weight in kg
only)

No

kg

LANDING WEIGHT (IN KG)
Remarks

1 - Use one sheet per month, and one line per day.

3 - “Day” refers to the day you set the line.

2 - At the end of each trip forward a copy of the log to your correspondent
or to ICCAT, Calle Corazón de Maria 8, Madrid 28002. Spain.

4 - Fishing area refers to the position of the boat. Round off minutes and record
degree of latitude and longitude. Be sure to record N/S and E/W..

5 - The bottom line -landing weight- should be completed only at the end of each trip. Actual
weight at the time of unloading should be recorded.

6 - All information reported herein will be kept strictly confidential.

20

pp

DEEP-WATER FISHING VESSELS TARGETING CRAB

Vessel name:

Nationality (flag):

Date

Fishing zone

Longitude

Latitude

Horse power:

GRT:

Number

of catches

Number

of hours

fishing

Month

Fishing method:

Port of unloading:

Year

Species of fish

Totals

1)

2)

3)

4)

5)

6)

7)

8)

9)

10)

11)

12)

13)

14)

15)

16)

17)

18)

19)

20)

21)

22)

23)

24)

25)

26)

27)

28)

29)

30)

31)

TOTAL

21

LATITUDE

LONGITUDE

Degrees

Minutes

Seconds

Degrees Minutes

Seconds

Appendix 4

03

02

02

02

01

01

01

01

01

01

01

01

02

02

02

02

02

02

02

02

02

02

02

02

02

02

02

03

03

03

03

03

02

50

42

20

40

09

13

21

31

42

55

58

02

05

10

15

19

22

26

30

33

36

45

50

51

52

54

00

01

01

01

02

22

00

38

59

12

17

15

29

39

50

18

53

59

10

44

53

30

49

21

08

37

38

18

18

29

23

46

24

19

27

44

22

07

25

36

52

57

51

41

24

06

50

34

53

15

24

47

06

17

26

36

45

52

59

15

26

29

31

38

56

01

01

03

07

31

52

25

45

54

38

27

14

55

23

33

40

11

56

58

03

11

57

20

22

58

00

57

41

27

46

07

58

07

46

07

31

E

E

E

E

E

E

E

E

E

E

E

E

E

E

E

E

E

E

E

E

E

E

E

E

E

E

E

E

E

E

E

E

N

N

N

N

N

N

N

N

N

N

N

N

N

N

N

N

N

N

N

N

N

N

N

N

N

N

N

N

N

N

N

N

07

07

07

06

05

04

04

04

04

03

03

03

04

04

04

05

05

05

05

05

05

05

06

06

06

06

06

06

07

07

07

07

22