Proposal for a Council Decision on the conclusion of the Agreement in the form of an Exchange of Letters on the provisional application of the Protocol defining, for the period 3 December 2003 to 2 December 2007, the fishing opportunities and the financial compensation provided for by the Agreement between the European Economic Community and the Government of Mauritius on fishing in the waters of Mauritius
Date: 2004-03-26
Institutions: European Commission
Subjects: Mauritius, agreement (EU), financial equalisation, fishing agreement, fishing area, fishing rights

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 26.3.2004 
COM(2004) 194 final 

Proposal for a 

COUNCIL DECISION 

on the conclusion of the Agreement in the form of an Exchange of Letters on the 
provisional application of the Protocol defining, for the period 3 December 2003 to 2 
December 2007, the fishing opportunities and the financial compensation provided for 
by the Agreement between the European Economic Community and the Government of 
Mauritius on fishing in the waters of Mauritius 

(presented by the Commission) 

EN 

   EN 

 
 
 
  
 
EXPLANATORY MEMORANDUM 

The  Protocol  annexed  to  the  fisheries  Agreement  between  the  European  Community  and 
Mauritius expired on 2 December 2002. It has been extended for one year. A new Protocol was 
initialled  by  the  two  parties  on  11  September  2003  establishing  the  technical  and  financial 
conditions under which Community fishing vessels can fish in Mauritius waters in the period 3 
December 2003 to 2 December 2007. 

The  new  Protocol  grants  fishing  possibilities  for  41  tuna  seiners,  49  surface  longliners  and 
licences for 25 GRT/month on an annual average for vessels fishing by line. 

The financial compensation is fixed at 487,500 € per year and covers a catch weight in the waters 
of Mauritius of 6,500 tons of catches per year. Part of the financial compensation equivalent to 
195,000  Euro  per  year  shall  be  earmarked  to  the  financing  of  targeted  actions,  such  as 
scientific and technical programmes, training, control and surveillance, including the VMS. 

This  new  Protocol  reinforces  our  fisheries  relations  with  Mauritius  promoting  the  responsible 
and  sustainable  fishery  in  the  Indian  Ocean  and  stressing  the  need  of  an  efficient  control  and 
surveillance system. In this line, the following new elements have been introduced: i) duration of 
the Protocol 4 years instead of 3 up to now, ii) exclusive clause prohibiting any private licence or 
other arrangement, iii) obligation for the Community fleet operating in the Mauritian waters to 
embark local seamen and to apply the social clause, iv) fishing outside 15 miles from the coast 
instead  of  12  previously,  v) obligation  for  the  Community  vessels  to  communicate  any 
transhipment  in  Mauritius  and  vi) sanctions  for  non-compliance  with  the  Protocol  and  the 
relevant Mauritian legislation. 

The Commission is accordingly proposing that the Council adopt by Decision the 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 concerning the conclusion of the new Protocol is subject to 
a separate procedure.  

2 

 
 
  
 
Proposal for a 

COUNCIL DECISION 

on the conclusion of the Agreement in the form of an Exchange of Letters on the 
provisional application of the Protocol defining, for the period 3 December 2003 to 2 
December 2007, the fishing opportunities and the financial compensation provided for 
by the Agreement between the European Economic Community and the Government of 
Mauritius on fishing in the waters of Mauritius 

THE COUNCIL OF THE EUROPEAN UNION, 

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

Having regard to the proposal from the Commission1, 

Whereas: 

(1) 

The  Community  and  Mauritius  held  negotiations  to  determine  the  amendments  or 
additions to be made to the Agreement on fishing off Mauritius at the end of the period 
of application of the Protocol; 

(2) 

As a result of these negotiations, a new Protocol was initialled on 11 September 2003; 

(3) 

(4) 

(5) 

(6) 

Under  this  Protocol,  Community  fishermen  enjoy  fishing  opportunities  in  the  waters 
falling within the sovereignty or jurisdiction of Mauritius for the period 3 December 
2003 to 2 December 2007; 

In order to resume the fishing activities by Community vessels, it is essential that the 
Protocol  in  question  be  approved  as  quickly  as  possible;  both  Parties  have  therefore 
initialled  an  Agreement  in  the  form  of  an  exchange  of  letters  providing  for  the 
provisional application of the initialled Protocol from 3 December 2003;  

The Agreement in the form of an exchange of letters should be signed, subject to its 
definitive conclusion by the Council; 

The method for allocating the fishing opportunities among Member States should be 
defined  on  the  basis  of  the  traditional  allocation  of  fishing  opportunities  under  the 
Fisheries Agreement, 

1 

OJ C […] […], p.[…] 

3 

 
 
  
 
                                                 
HAS DECIDED AS FOLLOWS:  

Article 1 

The  Agreement  in  the  form  of  an  exchange  of  letters  on  the  provisional  application  of  the 
Protocol  defining,  for  the  period  3  December  2003  to  2  December  2007,  the  fishing 
opportunities  and  the  financial  contribution  provided  for  by  the  Agreement  between  the 
European Economic Community and the Government of Mauritius on fishing in the waters of 
Mauritius is hereby approved on behalf of the Community. 

The text of the Agreement is attached to this Decision. 

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

Article 2 

- Tuna seiners: France 16, Spain 22, Italy 2, United Kingdom 1; 

- Surface long-liners: Spain 19, France 23, Portugal 7; 

- Vessels fishing by line: France 25 grt/month on an annual average. 

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 President of the Council is hereby authorized 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 

4 

 
 
  
 
 
 
ANNEX  

Agreement in the form of an Exchange of Letters on the provisional application of the 
Protocol defining, for the period 3 December 2003 to 2 December 2007, the fishing 
opportunities and the financial compensation provided for by the Agreement between 
the European Economic Community and the Government of Mauritius on fishing in the 
waters of Mauritius 

A. Letter from the Government of the Republic of Mauritius :  

Sir, 

With  reference  to  the  Protocol,  initialled  on  11  September  2003,  defining  the  fishing 
opportunities and the financial compensation for the period 3 December 2003 to 2 December 
2007, I have the honour to inform you that the Government of the Republic of Mauritius is 
willing to apply the Protocol provisionally from 3 December 2003 pending its entry into force 
in accordance with Article 7 thereof, provided that the European Community is prepared to do 
likewise. 

This is on the understanding that the first instalment of the financial compensation laid down 
by Article 2 of the Protocol, must be paid before 1 June 2004. 

I should be grateful if you would confirm the agreement of the European Community to such 
a provisional application. 

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

For the Government of the Republic of Mauritius 

5 

 
 
  
 
B. Letter from the Community 

Sir, 

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  11  September  2003,  defining  the  fishing 
opportunities and the financial compensation for the period 3 December 2003 to 2 December 
2007, I have the honour to inform you that the Government of the Republic of Mauritius is 
willing to apply the Protocol provisionally from 3 December 2003 pending its entry into force 
in accordance with Article 7 thereof, provided that the European Community is prepared to do 
likewise. 

This is on the understanding that the first instalment of the financial compensation laid down 
by Article 2 of the Protocol, must be paid before 1 June 2004. 

I should be grateful if you would confirm the agreement of the European Community to such 
a provisional application." 

I  am  pleased  to  confirm  the  agreement  of  the  European  Community  to  a  provisional 
application. 

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

For the Council of the European Union. 

6 

 
 
  
 
PROTOCOL 

DEFINING, FOR THE PERIOD 3 DECEMBER 2003 TO 2 DECEMBER 2007, 
THE FISHING OPPORTUNITIES AND THE FINANCIAL COMPENSATION 
PROVIDED FOR BY THE AGREEMENT BETWEEN THE EUROPEAN 
ECONOMIC COMMUNITY AND THE GOVERNMENT OF MAURITIUS ON 
FISHING IN THE WATERS OF MAURITIUS 

Article 1 

1. 

Pursuant to Article 2 of the Agreement, and for a period of four years from 
3 December 2003, the following fishing possibilities shall be accorded: 

2. 

1. 

2. 

3. 

4. 

– 

– 

– 

tuna seiners: 

licences for 41 vessels; 

surface longliners: 

licences for 49 vessels; 

vessels fishing by line: 
average. 

licences  for  25 GRT/month  on  an  annual 

Only  Community  vessels  having  a  valid  licence,  issued  under  this  Protocol 
and according to the formalities described in the Annex, shall be authorised 
to conduct fishing in Mauritius fishing zone. 

Article 2 

The financial compensation referred to in article 6 of the Agreement for the 
above mentioned period is fixed at 487,500 Euro per year. 

This compensation shall cover a catch weight in waters of Mauritius of 6,500 
tons  of  catches  per  year.  If  the  annual  amount  of  catches  by  Community 
vessels in the waters of Mauritius exceeds this quantity, the above mentioned 
compensation  shall  be  increased  proportionately  at  the  rate  of  75  Euro  per 
additional 
the  financial 
the 
compensation  to  be  paid  by  the  Community  for  tuna  and  tuna-like  species 
cannot exceed the double of the amount indicated in paragraph 1.  

ton  caught.  However, 

total  amount  of 

A  first  part  of  the  financial  compensation  equivalent  to  292,500  Euro  per 
year shall be paid into an account in the name of the public Treasury, which 
will  be  communicated  to  the  Delegation  of  the  European  Commission  in 
Mauritius after the entry into force of this Protocol. The first instalment shall 
be  payable  not  later  than  1st  June  2004  and  the  others  in  equal  annual 
instalments  by  the  anniversary  date  of  the  Protocol.  The  use  to  which  this 
compensation is put shall be of the sole competence of Mauritius. 

A second part of the financial compensation equivalent to 195,000 Euro per 
year  shall  be  earmarked  to  the  financing  of  the  measures  referred  to  in 
Article 3 of this Protocol. 

7 

 
 
  
 
1. 

2. 

3. 

4. 

5. 

Article 3 

With  a  view  to  ensuring  the  development  of  sustainable  and  responsible 
fishing the two parties will, in their mutual interest, promote a partnership for 
the  purpose  of  encouraging,  in  particular  better  knowledge  of  fishery  and 
biological  resources,  fisheries  control,  the  development  of  non-industrial 
fishing, fishing communities, and training. 

The  measures  set  out  below  shall  be  financed  from  the  second  part  of  the 
financial  compensation,  to  the  amount  of  195,000  Euro  per  year,  broken 
down as follows: 

a) 

b) 

c) 

150,000  Euro  for  scientific  and  technical  programmes  to  promote 
better understanding and management of fisheries and living resources 
in Mauritius’ fishing zone; 

30,000  Euro  for  study  grants  and  practical  training  courses  in  the 
various  scientific,  technical  and  economic  fields  linked  to  fishing  and 
participation to international meetings relating to fisheries;  

15,000  Euro  for  monitoring,  control  and  surveillance,  including  the 
Vessel Monitoring System (VMS). 

The  amounts  mentioned  in  paragraph  2,  sub-paragraph  a)  and  c)  shall  be 
made  available  to  the  Mauritian  Ministry  responsible  for  fisheries  after 
submission to the European Commission of a detailed annual programming, 
including  a  schedule,  and  the  expected  objectives  of  specific  actions  to  be 
undertaken for each measure and no later than 1 June 2004 for the first year 
and by 1 April for the following years. They shall be paid into an account in 
the  name  of  the  public  Treasury,  which  will  be  communicated  to  the 
Delegation  of  the  European  Commission  in  Mauritius  after  the  entry  into 
force of this Protocol. 

The  amount  mentioned  under  point  b)  shall  be  made  available  to  the 
Mauritian Ministry responsible for fisheries and paid as it is used to the bank 
accounts of the Mauritian competent authorities. 

The  Mauritian  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  in  Mauritius,  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  Mauritian  authority  responsible  for  fisheries  and  to  review 
the  payments  concerned  in  the  light  of  the  actual  implementation  of  the 
measures. 

Article 4 

Should the Community fail to make any of the payments specified in Articles 2 and 3 
in due time, Mauritius may suspend the application of this Protocol. 

8 

 
 
  
 
Article 5 

Where  severe  circumstances  not  attributable  to  natural  phenomena  prevent  fishing 
activities in Mauritius’ fishing zone, the European Community may suspend payment 
of  the  financial  contribution  following  prior  consultations,  where  possible,  between 
the two Parties in the framework of the Joint Committee provided for in Article 8 of 
the Agreement. 

Payment of the financial contribution shall recommence once the situation returns to 
normal  and  following  consultation  between  the  two  Parties  in  the  framework  of  the 
Joint  Committee  provided  for  in  Article  8  of  the  Agreement,  confirming  that  the 
situation is likely to allow a return to normal fishing activities. 

The  validity  of  the  licences  granted  to  Community  vessels  under  Article  4  of  the 
Agreement shall be extended by a period equal to that during which fishing activities 
were suspended. 

Article 6 

The Annex to the Agreement between the European Community and the Government 
of Mauritius on fishing in the waters of Mauritius is hereby repealed and replaced by 
the Annex to this Protocol. 

This Protocol with its Annex shall enter into force on the date of its signature. 

Article 7 

It shall apply from 3 December 2003. 

9 

 
 
  
 
ANNEX 

CONDITIONS FOR THE PURSUIT OF FISHING ACTIVITIES BY COMMUNITY 
VESSELS IN THE WATERS OF MAURITIUS 

1. 

Licence application and issuing formalities 

The application procedure for, and issue of, the licences enabling Community vessels 
to fish in the waters of Mauritius shall be as follows: 

a) 

b) 

c) 

d) 

e) 

f) 

The  European  Commission  shall  present  to  the  Mauritian  authority  via  the 
Delegation of the European Commission in Mauritius an application, made by 
the  ship-owner,  for  each  vessel  that  wishes  to  fish  under  this  Agreement,  at 
least  20 days  before  the  date  of  commencement  of  the  period  of  validity 
requested.  The  application  shall  be  made  on  the  forms  provided  for  that 
purpose by Mauritius, a specimen of which is attached as Appendix 1. 

Every  licence  shall  be  issued  to  the  ship-owner  for  one  designated  vessel.  At 
the request of the European Commission the licence for a vessel may and, in 
cases of force majeure, shall be replaced by a licence for another Community 
vessel. 

The licences shall be delivered by the authorities of Mauritius to the Delegation 
of the European Commission in Mauritius. 

The licence document must be held on board at all times. However, on receipt 
of the notification of the advance payment sent by the European Commission 
to the Mauritian authority, the vessel will be included on a list, to be notified to 
the  Mauritian  fisheries  control  authorities.  Whilst  awaiting  receipt  of  the 
licence  document,  a  fax  copy  of  this  licence  document  may  be  obtained  and 
shall be kept on board, which will authorise the vessel to fish, pending delivery 
on board of the licence document. 

The Mauritian authority shall communicate before the date of entry into force 
of  the  Protocol  the  arrangements  for  payments  of  the  licence  fees,  and  in 
particular the details of the bank account and the currency to be used. 

Ship-owners  shall  nominate  and  appoint  an  agent  who  shall  be  resident  in 
Mauritius and whose powers shall include representation of the ship-owners in 
any legal process. The ship-owners shall notify to the Mauritian authorities the 
name and address of his agent.  

2. 

Validity of licences and payment of fees 

1) 

Advance payments 

For  tuna  seiners  and  surface  longliners,  licences  shall  be  valid  for  a  period  of  one 
year. They are renewable. 

The fee shall be set at 25 Euro per ton caught in the waters of Mauritius.  

10 

 
 
  
 
For tuna seiners, licences shall be issued on advance  payment  of an annual sum of 
2,000 Euro per tuna seiner, equivalent to the fees for 80 tons of annual catches within 
the waters of Mauritius.  

For surface longliners, licences shall be issued on advance payment to Mauritius of 
an annual sum of 1,550 Euro for surface longliner of more than 150 GRT and 1,100 
Euro  for  surface  longliners  of  150  GRT  or  less.  These  amounts  correspond 
respectively to the fees due for 62 tons and for 44 tons of annual catches in Mauritian 
waters. 

For  vessels  fishing  by  line,  licences  shall  be  valid  for  three,  six  or  twelve  months. 
The fee shall be fixed in relation to the GRT as follows: 80 Euro per year per GRT 
pro rata temporis. 

2) 

Final statement 

For  tuna  seiners  and  surface  longliners,  a  final  statement  of  the  fees  due  for  the 
fishing  year  shall  be  drawn  up  by  the  European  Commission  at  the  end  of  each 
calendar  year  on  the  basis  of  the  catch  statements  made  by  the  ship-owners  and 
confirmed by the scientific institutes competent for verifying catch statistics such as 
IRD  (Office  for  Research  and  Development),  IFREMER  (Institut  Français  de 
Recherche  et  d’Exploitation  de  la  Mer),  IEO  (Spanish  Oceanographic  Institute), 
IPIMAR  (Instituto  Nacional  das  Pescas  e  do  Mar)  or  any  international  fishing 
organisation in the Indian Ocean, as may be designated by the Mauritian authority.  

The statement shall be notified to the Mauritian authorities not later than 15 March of 
the  following  year.  The  Mauritian  authority  shall  react  within  30  days  after  this 
notification. The statement shall then be notified to the ship-owners. 

The ship-owners shall meet their financial obligations within 30 days of the receipt 
of the statement. 

If  the  amount  of  the  sum  due  for  actual  fishing  operations  is  less  than  the  advance 
payment,  the  corresponding  outstanding  sum  shall  not  be  recoverable  by  the  ship-
owner. 

3. 

Transhipment 

Vessels may tranship their catches in Mauritius according to their interests. 

All transhipments taking place in Mauritian ports shall be notified to the authorities 
of Mauritius 48 hours in advance.  

4. 

Declarations of catches 

Vessels  authorised  to  fish  in  the  waters  of  Mauritius  under  the  Agreement  shall 
notify their catch statistics to the Mauritian authority, with a copy for the Delegation 
of  the  European  Commission  in  Mauritius,  in  accordance  with  the  following 
procedure.  

Tuna  seiners  shall  complete  a  fishing  logbook  corresponding  to  the  specimen  in 
Appendix  2.  Surface  longliners  shall  complete  a  fishing  logbook  corresponding  to 

11 

 
 
  
 
the specimen in Appendix 3. Vessels fishing by line shall complete a fishing logbook 
corresponding to the specimen in Appendix 4. 

Fishing  logbooks  must  be  completed  legibly  and  be  signed  by  the  master  of  the 
vessel or by the representative of the ship-owner’s association. In addition, they must 
be  completed  by  all  vessels  which  have  obtained  a  licence,  even  if  they  have  not 
fished. 

The fishing logbooks shall be forwarded to the Mauritian authority not later than 45 
days after each fishing campaign.  

5. 

Communication 

Vessels  above 50 GRT  shall  communicate,  at  least  one  (1)  hour  before  entering 
and/or  leaving  Mauritian  waters,  and,  every  three  days,  while  fishing  in  Mauritian 
waters,  to  a  radio  station  (the  name,  call sign  and  frequency  of  which  shall  be 
specified in the licence) or by fax (No 230-208-1929) or by e-mail (fish@intnet.mu), 
their position and the volume of catches on board. 

6. 

Observers 

Any vessel above 50 GRT shall, at the request of the authorities of Mauritius, take on 
board  an  observer  designated  by  these  authorities.  The  observer  shall  have  all 
facilities  necessary  for  the  performance  of  his  duties,  as  set  out  below,  including 
access  to  places  and  documents.  He  must  not  be  present  for  longer  than  the  time 
required to fulfil his duties. He shall be granted officer status while on board.  

He  shall  be  provided  with  suitable  food  and  accommodation  while  on  board.  The 
salary  and  social  contributions  of  the  observer  shall  be  borne  by  the  authorities  of 
Mauritius. 

The  embarkation  port  as  well  as  the  conditions  governing  his  embarkation  shall  be 
fixed by common agreement between the ship-owner or his agent and the authorities 
of Mauritius. 

Should  a  vessel  with  a  Mauritian  observer  on  board  leave  the  waters  of  Mauritius, 
every step will be taken to ensure that the observer returns to Mauritius as soon as 
possible, at the ship-owner's expense. 

The  ship-owner  shall,  via  his  agent,  make  a  payment  of  14  Euro  to  the  Mauritian 
government  of  each  day  spent  by  an  observer  on  board  a  vessel  in  the  Mauritius’ 
fishing zone. 

Once on board the observer shall: 

– 

– 

– 

– 

observe the fishing activities of the vessels; 

verify the position of vessels engaged in fishing operations; 

note the fishing gear used; 

verify the catch data for Mauritius’ fishing zone recorded in the logbook; 

12 

 
 
  
 
– 

draw an activity report to be transmitted to the Mauritan authority. 

While on board , the observer: 

– 

– 

must take all appropriate steps to ensure that the conditions under which he is 
taken  on  board  and  his  presence  on  board  do  not  interrupt  or  hamper  fishing 
activities; 

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

7. 

Inspection  

Vessels  shall  also  allow  on  board  and  assist  in  the  accomplishment  of  their  duties, 
any other Mauritian official responsible for inspection and monitoring. 

8. 

Employment of seamen  

Ten (10) Mauritian seamen shall embark on the EC fleet.  

For  local  seamen  embarked  to  EC  vessels,  an  employment  contract  shall  be 
established between the owner of the vessel or his agent and the seaman and/or his 
labour  union  or  his  representative  in  liaison  with  the  competent  authorities  of 
Mauritius.  These  contracts  shall  guarantee  to  the  seamen  the  benefit  of  their  social 
security  regime,  including  a  life,  health  and  accident  insurance.  The  local  seamen 
remuneration conditions cannot be inferior of those applicable to the local crews and 
in any case not inferior to the ILO standards. 

Copy of the contract shall be given to the signatories thereof and to the authorities of 
Mauritius. 

In case the employment contract is established with a vessel owner’s agent, it shall 
specify the name of the owner of the vessel and the flag state. 

The owner of the vessel shall guarantee to the local seamen embarked life and work 
conditions aboard similar to those that the EC seamen benefit. 

In case of non-embarkation, the ship-owners shall pay a lump-sum equivalent to the 
salary of the seamen non-embarked for the duration for the fishing campaign in the 
waters  of  Mauritius.  In  case  the  fishing  campaign  lasts  less  than  one  month,  ship-
owners shall be required to pay the sum corresponding to one month’s salary.. 

9. 

Fishing zones 

To  avoid  any  adverse  effect  to  small-scale  fisheries  in  Mauritius,  fishing  by 
Community  tuna  seiners  and  surface  longliners  shall  not  be  authorised  within  a 
distance of fifteen (15) nautical miles measured from the baseline nor within a three 
(3) nautical miles radius around any fish-aggregating device placed by Mauritius, the 
geographical  position  of  which  shall  be  communicated  to  the  ship-owners 
representatives or agents.  

Vessels fishing by line are only authorised to fish in their traditional grounds, namely 
Soudan Bank and East Soudan Bank. 

13 

 
 
  
 
10. 

Supply to the Tuna Canning Industry  

Community tuna vessels shall endeavour to sell part of their catch to the Mauritian 
tuna  canning  industry  at  a  price  to  be  fixed  in  common  agreement  between 
Community ship-owners and the owners of the Mauritian tuna canning industry. 

11. 

Sanctions  

Notwithstanding any sanction provided for in Mauritian law, failure to observe any 
of the conditions of the Protocol and this Annex or any relevant Mauritian legislation 
may be dealt with by suspension, revocation or non-renewal of the fishing licences of 
the vessel in question. Before taking any of these sanctions, the Mauritian authorities 
shall  give  due  regard  to  the  gravity  of  the  failure  and  apply  the  principle  of 
proportionality.  Suspension  or  revocation  of  a  fishing  licence  shall  be  regarded  as 
force majeure for the purpose of paragraph (b) in the section on licence application 
and issuing formalities above. 

The  Delegation  of  the  European  Commission  and  the  ship-owner’s  agent  in 
Mauritius shall be notified in writing within 24 hours of any suspension, revocation 
or non-renewal of a licence with a brief report of the relevant facts. 

12. 

Procedure in case of boarding  

1) 

Transmission of information. 

The Mauritian authority responsible for fisheries shall inform the Delegation of the 
European Commission in Mauritius and the flag State in writing, within 48 hours, of 
the  boarding  of  any  fishing  vessel  flying  the  flag  of  a  Member  State  of  the 
Community  fishing  under  the  Fisheries  Agreement  in  Mauritius's  fishing  zone  and 
shall  transmit  a  brief  report  of  the  circumstances  and  reasons  leading  to  such 
boarding.  The  Delegation  and  the  flag  State  shall  be  kept  informed  of  any 
proceedings initiated and penalties imposed. 

2) 

Settlement of boarding 

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

a) 

b) 

either by composition, in which case the amount of the fine shall be determined 
in  accordance  with  the  Mauritian  legislation  laying  down  minimum  and 
maximum figures;  

or by legal proceedings, if no composition is possible, in accordance with the 
Mauritian law. 

3) 

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

a) 

b) 

either  as  soon  as  the  obligation  imposed  by  the  composition  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. 

14 

 
 
  
 
Appendix 1 

APPLICATION FOR A FOREIGN FISHING VESSEL LICENCE 

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

Address of applicant : ..........................................................................................................................  

…………………………….………………………………………………………………………. 

Name and address of charterers of vessels if different from above : ...................................................  

…………………………….………………………………………………………………………. 

Name and address of agent in Mauritius:.............................................................................................  

………………………………..……………………………………………………………………. 

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

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

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

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

Fishing vessel external identification :.................................................................................................  

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

Fax number of vessel : .........................................................................................................................  

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

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

Engine type and power : ......................................................................................................................  

Gross registered tonnage of vessel :.....................................................................................................  

Net registered tonnage of vessel : ........................................................................................................  

Minimum crew complement : ..............................................................................................................  

Type of fishing practised : ...................................................................................................................  

Proposed species of fish :.....................................................................................................................  

………………………………..………………………………………………..…………………... 

Period of validity requested : ...............................................................................................................  

I certify that the above particulars are correct. 

Date : 

………………………………. 

Signature : 

…………………………...

15 

 
 
  
 
Appendix 2 

TUNA VESSELS FISHING LOGBOOK 

Name of vessel: ………………………………………………………………….  Gross tonnes:   

Month  Day 

Year 

Port 

Flag country:   
……………………………………………………………………........................... 

………………………………………………….............................
Capacity (TM): ……………………………………………........ 

Vessel left: 

Registration number: 
………………………………………………………………................................... 

Captain: ……………………………………………………….... 

Shipowner: ………………………………………………………..........................  Number of crew: 

….…………………………………………………........................
Address: …………………………………………………………………………....  Reporting date: ………………………………………………...... 

Vessel returned: 

Fishing 
method 

Longline 

Purse seiner 

Trawling 

Other 

Reported by: 
……………………………………………….................................

Number of fishing days: 

Number  of  days  at 
sea: 

Number of sets made: 

Trip Number: 

Dates 

Area 

Day/m
onth 

Set No 

S
/
N
e
d
u
t
i
t
a
L

Surface 
water T° 
(°C) 

Effort 

No of hooks 
used 

W
E

/

e
d
u
t
i
g
n
o
L

Bluefin tuna 

Yellowfin 
tuna 

Bigeye tuna 

Albacore  

Swordfish 

White marlin 

Black marlin 

Sailfish 

Skipjack 

Thunnus 
maccoyi  

Thunnus 
Albacares 

Thunnus 
obesus 

No 

kg 

No 

kg 

No 

kg 

Thunnus 
alalunga 
kg 
No 

Xiphias 
gladius 

Tetraptunus 
audax 

Makaira 
indica 

Istiophorus spp. 

Katsuwonus 
pelamis 

No 

kg 

No 

kg 

No 

kg 

No 

kg 

No 

kg 

No 

kg 

No 

kg 

Miscellaneous 
fishes 

Daily total 

y
r
u
a
S

d
i
u
q
S

t
i
a
b

e
v
i
L

Other 

Catches 

Bait used 

Landing weight (in kg) 

16 

 
 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
   
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
APPENDIX 3: STATEMENT OF CATCH FOR SURFACE LONGLINERS 

Name of vessel: _______________ 

Skipper's name: ___________________ 

Date of setting: ____/____/____  Start of trip: _____/_____/_____/ 

at: _____ 

Trip number: ________  Setting number: _____________ 

Wind direction: ________ 

Force: ________(Beaufort) 

Sea conditions: ___________Swell: ________ 

Surface temperature: ___º C 

Current: speed: ______ 

Direction: ________ 

Moon: New moon +____ days 

Moon rises: ________ 

Moon sets: ______ 

hours 

0 to 24 

Start time: _______Finishing time: _________ 

Setting details  

Section 

Position 

Heading 

Speed 

Remarks 

Depart: radio 

buoy number 1 

Radio buoy 

number 2 

Radio buoy 

number 3 

Radio buoy 

number 4 

Radio buoy 

number 5 

Radio buoy 

number 6 

Radio buoy 

number 7 

* 

** 

VDK 

with head, gilled 

State the type of weight used (VAT, VDK, WHOLE) if different from that specified. 

17 

 
 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Number of hooks: ___________ 

Length: Buoy lines: 

Branch lines: ____________ 

Length of line: ____________ 

Recorded depth of the line (sounder): ___________ 

Bait: Shrimp: _____________ % 

Mackerel: ________ % 

_______: ______% 

Details of catch 

Time 

(0 à 24 H) 

Latitude 

Longitude 

Start of turn 

End of turn 

Species 

Number 

Estimated unit weight 

Total 
weight 

Number 
fish eaten 

of 

Swordfish* 

Yellowfin** 

Bigeye** 

Marlin** 

Sailfish* 

Seabream 

Shark 

Other  (give 
details) 

  Total weight 

Total weight of catch landed (weighed) 

18 

 
 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Month 
Year  

Appendix 4 
Fishery by line 

Name of vessel : …………………………  Engine Power :………………………. 
Nationality (flag) :……………………….  Gross tonnage :……………………… 

Fishing Method :………………………… 
Port of landing :………………………….. 

Date 

Fishing Area 

Longitude 

Latitude 

Number of 
hours 

Number  of 
hours fishing 

Fish Species 

TOTAL 

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 

19