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 setting out, for the period from 18 January 2005 to 17 January 2011, the fishing opportunities and the financial contribution provided for by the Agreement between the European Economic Community and the Republic of Seychelles on fishing off Seychelles
Date: 2005-09-13
Institutions: European Commission
Subjects: Seychelles, agreement (EU), deep-sea fishing, financial compensation of an agreement, fishing agreement, fishing rights, ratification of an agreement

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 13.9.2005 
COM(2005)420 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 setting out, for the period from 18 January 
2005 to 17 January 2011, the fishing opportunities and the financial contribution 
provided for by the Agreement between the European Economic Community and 
the Republic of Seychelles on fishing off Seychelles 

. 

(presented by the Commission) 

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EXPLANATORY MEMORANDUM 

The  Protocol  annexed  to  the  fisheries  Agreement  between  the  European  Community  and 
Seychelles expires on 17 January 2005. A new Protocol was initialled by the two parties on 23 
September  2004  establishing  the  technical  and  financial  conditions  under  which  Community 
fishing vessels can fish in Seychelles waters for the period 18 January 2005 to 17 January 2011. 

The new Protocol grants fishing possibilities for 40 tuna seiners and 12 surface longliners. 

The  financial  compensation  is  fixed  at  4,125,000 €  per  year  and  covers  a  catch  weight  in  the 
waters  of  Seychelles  of  55,000  tons  of  catches  per  year.  Part  of  the  financial  compensation 
equivalent to 1,485,000 Euro per year (36% of financial compensation) shall be earmarked to 
enhancing and implementing a sectoral fisheries policy in Seychelles with a view to promote 
responsible fishing and sustainable fisheries in its waters. 

The new Protocol is in line with the partnership approach in the fisheries sector, as defined by 
the Council in its recent conclusions on a Communication from the Commission on an integrated 
framework  for  Fisheries  Partnership  Agreements  with  third  countries  (Document  n° 15243/02 
PECHE 224, referred to document COM(2002) 637 final ). 

According to the Protocol, the Commission and Seychelles shall agree on overall objectives to be 
achieved  in  the  area  of  sustainable  fishing  and  on  the  way  to  review  the  performance  of  such 
objectives, through a constant political dialogue. This shall go much beyond the current reporting 
procedures, (submission of annual detailed reports and verification). 

The  Commission  shall,  in  particular,  encourage  the  authorities  of  the  Seychelles  to  adopt  all 
necessary  conservation  and  management  measures,  on  non-discriminatory  basis,  in  order  to 
ensure sustainable exploitation of highly migratory species and to protect the environment in its 
waters. 

Both  Parties  should  exchange  information  on  the  implementation  of  IOTC  recommendations 
against IUU within their jurisdiction (prohibition of landings by vessels not listed on the “white” 
list). 

Finally, both Parties shall seek to identify concrete issues of mutual interest and agree the form in 
which the political dialogue will be undertaken. 

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.  

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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 setting out, for the period from 18 January 
2005 to 17 January 2011, the fishing opportunities and the financial contribution 
provided for by the Agreement between the European Economic Community and 
the Republic of Seychelles on fishing off Seychelles 

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) 

(2) 

(3) 

(4) 

The  Community  and  Seychelles  held  negotiations  to  determine  the  amendments  or 
additions to be made to the Protocol attached to the Agreement between the European 
Economic Community and the Republic of Seychelles on fishing off Seychelles2 at the 
end of the period of application of the Protocol; 

As a result of these negotiations, a new Protocol was initialled on 23 September 2004; 

Under  this  Protocol,  Community  fishermen  enjoy  fishing  opportunities  in  the  waters 
falling  within  the  sovereignty  or  jurisdiction  of  Seychelles  for  the  period  18  January 
2005 to 17 January 2011; 

In order to guarantee the continuation of 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  18  January  2005;  the 
Agreement  in  the  form  of  an  exchange  of  letters  should  be  signed,  subject  to  its 
definitive conclusion by the Council; 

(5) 

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 
2 

OJ C […], […], p. […]. 
OJ L 119 of 7.5.1987, p. 26. 

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HAS DECIDED AS FOLLOWS:  

Article 1 

The  Agreement  in  the  form  of  an  exchange  of  letters  on  the  provisional  application  of  the 
Protocol  setting  out,  for  the  period  from  18  January  2005  to  17  January  2011,  the  fishing 
opportunities  and  the  financial  contribution  provided  for  by  the  Agreement  between  the 
European Economic Community and the Republic of Seychelles on fishing off Seychelles 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:  17 vessels, 

Spain:  22 vessels, 

Italy: 

1 vessel. 

- Surface long-liners:  Spain:  2 vessels, 

France:  5 vessels, 

Portugal: 5 vessels. 

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 

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ANNEX  

Agreement in the form of an Exchange of Letters on the provisional application ofthe 
Protocol setting out, for the period from 18 January 2005 to 17 January 2011, the fishing 
opportunities and the financial contribution provided for by the Agreement between the 
European Economic Community and the Republic of Seychelles on fishing off Seychelles 

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

Sir, 

With  reference  to  the  Protocol,  initialled  on  23  September  2004,  setting  out,  for  the  period 
from  18  January  2005  to  17  January  2011,  the  fishing  opportunities  and  the  financial 
contribution,  I  have  the  honour  to  inform  you  that  the  Government  of  the  Republic  of 
Seychelles  is  willing  to  apply  the  Protocol  provisionally  from  18  January  2005  pending  its 
entry into force in accordance with Article 11 thereof, provided that the European Community 
is prepared to do likewise. 

This is on the understanding that the first instalment of the financial contribution, laid down 
by Article 2 of the Protocol, must be paid before 30 September 2005. 

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 Seychelles 

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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 23 September 2004, setting out, for the period 
from  18  January  2005  to  17  January  2011,  the  fishing  opportunities  and  the  financial 
contribution,  I  have  the  honour  to  inform  you  that  the  Government  of  the  Republic  of 
Seychelles  is  willing  to  apply  the  Protocol  provisionally  from  18  January  2005  pending  its 
entry into force in accordance with Article 11 thereof, provided that the European Community 
is prepared to do likewise. 

This is on the understanding that the first instalment of the financial contribution, laid down 
by Article 2 of the Protocol, must be paid before 30 September 2005. 

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 

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PROTOCOL 

Protocol setting out, for the period from 18 January 2005 to 17 January 2011, the fishing 
opportunities and the financial contribution provided for by the Agreement between the 
European Economic Community and the Republic of Seychelles on fishing off Seychelles 

Article 1 
Period of application and fishing opportunities 

For a period of 6 years from 18 January 2005 to 17 January 2011, the fishing opportunities 
granted under Article 2 of the Agreement shall be as follows: 

(a) 

40 ocean-going tuna seiners, and 

(b)  12 surface longliners. 

Paragraph 1 shall apply subject to Articles 4 and 5 of this Protocol. 

Under  Article  4  of  the  Agreement,  vessels  flying  the  flag  of  a  Member  State  of  the 
European  Community  may  engage  in  fishing  activities  in  the  Seychelles  waters  only  if 
they are in possession of a fishing licence issued under this Protocol in accordance with 
the Annex hereto. 

Article 2 
Financial contribution - Methods of payment 

For the period referred to in Article 1, the financial contribution referred to in Article 6 of 
the Agreement shall be EUR 24 750 000.  

Paragraph 1 shall apply subject to Articles 4, 6 and 8 of this Protocol. 

The Community shall pay the financial contribution referred to in paragraph 1 at the rate 
of EUR 4 125 000 per year during the period of application of this Protocol. 

If the total quantity of tuna catches per year by Community vessels in Seychelles’ waters 
exceeds  55 000  tonnes,  the  total  annual  financial  contribution  shall  be  increased  by 
EUR 75 per additional tonne of tuna caught. However, the total annual amount to be paid 
by the Community cannot exceed EUR 8 250 000.  

Payment shall be made no later than 30 September 2005 for the first year and no later than 
the anniversary date of the Protocol for the following years. 

Subject  to  Article  6  herewith,  Seychelles  shall  have  full  discretion  regarding  the  use  to 
which this financial contribution is put. 

The financial contribution shall be paid into no more than two Public Treasury accounts 
opened with the Seychelles Central Bank. 

1. 

2. 

3. 

1. 

2. 

3. 

4. 

5. 

6. 

7. 

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Article 3 
 Cooperation on responsible fishing 

The  two  parties  hereby  undertake  to  promote  responsible  fishing  in  Seychelles  waters 
based on the principle of non-discrimination between the different fleets fishing in those 
waters. 

Based  on  the  recommendations  and  resolutions  taken  within  the  Indian  Ocean  Tuna 
Commission (IOTC) and the best available scientific advice and, where appropriate after a 
joint  meeting  of  scientist,  the  two  parties  may  consult  each  other  within  the  Joint 
Committee  provided  for  in  Article  7  of  the  Agreement  and,  where  necessary,  and  agree 
the measures to ensure the sustainable management of fisheries resources. 

Article 4 
 Review of fishing opportunities 

The fishing opportunities referred to in Article 1 may be increased by mutual agreement 
insofar  as  the  conclusions  of  the  joint  meeting  of  scientists  referred  to  in  Article  3(2) 
confirm  that  such  an  increase  will  not  endanger  the  sustainable  management  of 
Seychelles’  resources.  In  this  case  the  financial  contribution  referred  to  in  Article  2(1) 
shall be increased proportionately and pro rata temporis. However, the total amount of the 
financial contribution paid by the European Community shall not be more than twice the 
amount  indicated  in  Article  2(1).  In  the  event  that  the  quantities  caught  by  Community 
fishing  vessels  exceed  the  quantity  which  correspond  to  the  total  amount  of  financial 
contribution, the Parties shall consult each other as soon as possible in order to establish 
the amount due for the quantity caught in excess of this limit. 

Conversely, if the parties agree to reduce the fishing opportunities provided for in Article 
1, the financial contribution shall be reduced proportionally and pro rata temporis. 

The allocation of the fishing opportunities among different categories of vessels may also 
be reviewed by mutual agreement between the parties, provided that any changes comply 
with any recommendations or resolutions adopted by the IOTC regarding the management 
of  stocks  liable  to  be  affected  by  such  redistribution.  The  parties  shall  agree  on  the 
corresponding adjustment of the financial contribution where the redistribution of fishing 
opportunities so warrants. 

Article 5 
New fishing opportunities 

In the event that Community fishing vessels become interested engaging in fisheries not 
provided  for  in  Article  1,  the  Parties  shall  consult  each  other  before  authorisation  is 
granted  for  any  such  activities  and,  where  appropriate,  agree  to  the  conditions  for  such 
fishing  including  effecting  corresponding  amendments  to  this  Protocol  and  the  Annex 
thereto.  

The  parties  should  encourage  experimental  fishing,  specially  relating  to  deep  water 
species,  present  in  Seychelles  waters.  To  this  end  and  on  the  request  of  one  party,  they 

1. 

2. 

1. 

2. 

3. 

1. 

2. 

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shall consult each other and determine on a case by case basis, the species, conditions and 
other parameters that are relevant. 

The parties shall carry out experimental fishing in accordance with parameters that will be 
agreed  by  both  parties  in  an  administrative  arrangement  where  appropriate.  The 
authorisations  for  experimental  fishing  should  be  agreed  for  a  maximum  period  of  6 
months. 

In  the  event  that  the  parties  consider  that  experimental  campaigns  have  given  positive 
results, the Government of Seychelles may allocate fishing possibilities of the new species 
to  the  community  fleet  until  the  expiration  of  the  present  protocol.  The  financial 
compensation  mentioned  in  article  2.1  of  the  current  protocol  shall  consequently  be 
increased. 

Article 6 
Suspension and review of the payment of the financial contribution 

Where  as  a  result  of  circumstances  solely  attributable  to  the  fault  or  negligence  of 
Seychelles  fishing  activities  in  Seychelles  waters  cannot  be  carried  out  in  Seychelles 
waters,  the  European  Community  may,  after  prior  consultation  with  the  Seychelles, 
suspend  payment  of  the  financial  contribution  provided  that  the  Community  has  paid  in 
full any amounts due at the time of suspension.  

Payment of the financial contribution shall recommence once the situation has returned to 
normal and following consultation and agreement between the two Parties confirming that 
the situation is likely to allow a return to normal fishing activities. 

Article 7 
Promoting responsible fishing and sustainable fisheries in Seychelles waters 

A share of at least 36 % of the financial contribution referred to in Article 2(1) shall be put 
towards defining and implementing a sectoral fisheries policy in Seychelles with a view to 
promote responsible fishing and sustainable fisheries in its waters. This contribution shall 
be  managed  in  the  light  of  objectives  identified  by  mutual  agreement  between  the  two 
parties, and the annual and multiannual programming to attain them.  

For  the  purposes  of  paragraph  1,  as  soon  as  this  Protocol  enters  into  force  and  no  later 
than  three  months  after  that date,  the  Community  and  Seychelles  shall  agree,  within  the 
Joint  Committee  provided  for  in  Article  7  of  the  Agreement,  on  a  multiannual  sectoral 
programme and detailed implementing rules covering, in particular: 

(a) 

(b) 

annual  and  multiannual  guidelines  for  using  the  percentage  of  the  financial 
contribution referred to in paragraph 1;  

the  objectives,  both  annual  and  multiannual,  to  be  achieved  with  a  view  to 
introducing, over time, responsible fishing and sustainable fisheries, taking account 
of  the  priorities  expressed  by  Seychelles  in  its  national  fisheries  policy  and  other 
policies relating to or having an impact on the promotion of responsible fishing and 
sustainable fisheries; 

1. 

2. 

1. 

2. 

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3. 

4. 

5. 

1. 

2. 

3. 

4. 

(c) 

criteria and procedures for evaluating the results obtained each year. 

Any proposed amendments to the multiannual sectoral programme must be approved by 
both parties within the Joint Committee. 

Each year, Seychelles shall allocate the percentage of the financial contribution referred to 
in paragraph 1 with a view to implementing the multiannual programme. For the first year 
of  application  of  the  Protocol,  that  allocation  must  be  notified  to  the  Community  at  the 
time when the multiannual sectoral programme is approved within the Joint Committee. 
For each year thereafter, Seychelles shall notify the Community of the allocation no later 
than 1st December of the previous year. 

Where  the  annual  evaluation  of  the  progress  made  in  implementing  the  multiannual 
sectoral programme so warrants, the European Community may ask with the approval of 
the  Joint  Committee  for  the  financial  contribution  referred  to  in  Article  2(1)  of  this 
Protocol to be modified with a view to bringing the actual amount of financial resources 
allocated to implementation of the programme into line with its results. 

Article 8 
 Disputes - suspension of application of the Protocol 

Any dispute between the parties over the interpretation of this Protocol or its application 
shall  be  the  subject  of  consultations  between  the  parties  within  the  Joint  Committee 
provided for in Article 7 of the Agreement, in a special meeting if necessary. 

Without  prejudice  to  Article  9,  application  of  the  Protocol  may  be  suspended  at  the 
initiative of one party if the dispute between the parties is deemed to be serious and if the 
consultations held within the Joint Committee under paragraph 1 have not resulted in an 
amicable settlement. 

Suspension  of  application  of  the  Protocol  shall  require  the  interested  party  to  notify  its 
intention  in  writing  at  least  three  months  before  the  date  on  which  suspension  is  due  to 
take effect. 

In the event of suspension, the parties shall continue to consult with a view to finding an 
amicable settlement to their dispute. Where such settlement is reached, application of the 
Protocol  shall  resume  and  the  amount  of  the  financial  contribution  shall  be  reduced 
proportionately and pro rata temporis according to the period during which application of 
the Protocol was suspended. 

Article 9 
Suspension of application of the Protocol on grounds of non-payment 

Subject to Article 3, if the European Community fails to make the payments provided for in Article 
2, Seychelles may suspend the implementation of this Protocol.  

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Article 10 
National law 

The  activities  of  Community  fishing  vessels  in  Seychelles  are  subject  to  the  national  laws  and 
regulations unless otherwise provided under this Protocol and the Annex thereto. 

Article 11 
Revision clause 

Following the third anniversary of this Protocol and the Annex thereto, the Parties will review the 
application  of  the  Protocol  and  the  Annex  thereto  and,  where  appropriate,  consult  on  any 
amendments of their provisions. Any such amendments may include the reference tonnage and the 
standard amounts paid for licences and the ratio between the amount per tonne set out in Article 2 
(4) and the amount indicated in section 2 (2) of the Annex to this Protocol. 

Article 12 
Repeal 

The  Protocol  and  Annex  I,  dated  17  January  2002,  to  the  Agreement  between  the  European 
Economic Community and the Republic of Seychelles on fishing off Seychelles, which came into 
force on 28 October 1987, is hereby repealed and replaced by this Protocol and the Annex thereto. 

Article 13 
Entry into force 

1. 

2. 

This Protocol with its Annex shall enter into force on the date on which the parties notify 
each other of the completion of the procedures necessary for that purpose.  

It shall apply with effect from 18 January 2005. 

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ANNEX 

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

CHAPTER I - APPLICATION FOR AND ISSUE OF LICENCES 

1. 

2. 

3. 

4. 

5. 

6. 

7. 

8. 

9. 

Section 1 
 Issue of licences 

Only eligible Community vessels may obtain a licence to fish in Seychelles waters under 
the  Protocol  setting  out,  for  the  period  from  18  January  2005  to  17  January  2011,  the 
fishing  opportunities  and  the  financial  contribution  provided  for  by  the  Agreement 
between  the  European  Economic  Community  and  the  Republic  of  Seychelles  on  fishing 
off Seychelles 

For a Community vessel to be eligible, neither the owner, the master nor the vessel itself 
must be prohibited from fishing in Seychelles. They must be in order with the authorities 
of the Seychelles insofar as they must have fulfilled all prior obligations arising from their 
fishing activities in Seychelles under fisheries agreements concluded with the Community. 

All  Community  vessels  applying  for  a  fishing  licence  shall  be  represented  by  an  agent 
resident in Seychelles. The name and address of that agent shall be stated in the licence 
application. 

The  relevant  Community  authorities  shall  present  to  the  SFA  an  application  for  each 
vessel  wishing  to  fish  under  the  Agreement  at  least  20  days  before  the  date  of 
commencement of the period of validity requested. However, vessel-owners who have not 
submitted a licence application prior to the period of validity may do so, during the period 
of validity, no later than 20 days before the start of  the fishing activities. In such  cases, 
vessel owners shall pay the entire fees due for the full year. 

Applications shall be submitted to the competent authority of Seychelles on a form drawn 
up in accordance with the specimen in Appendix 1. 

All licence applications shall be accompanied by the following documents: 

- 

- 

proof of payment of the fee for the period of validity of the licence; 

any  other  documents  or  certificates  required  under  the  specific  rules  applicable  to 
the type of vessel concerned pursuant to this Protocol. 

The fee shall be paid into the account specified by the authorities of Seychelles.  

Fees shall include all national and local charges except for port taxes and service charges. 

Licences  for  all  vessels  shall  be  issued  to  shipowners  or  their  agents  within  15  days  of 
receipt  of  all  the  documents  referred  to  in  point  6  by  the  competent  authority  of 
Seychelles. 

A copy shall be sent to the Delegation of the Commission responsible for the Seychelles. 

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10. 

11. 

12. 

13. 

14. 

1. 

2. 

3. 

4. 

5. 

6. 

Licences shall be issued for a specific vessel and shall not be transferable.  

However, at the request of the European Community and where force majeure is proven, a 
vessel’s licence shall be replaced, for the remaining period of its validity, by a new licence 
for another vessel whose features are similar to those of the first vessel, with no further fee 
due. However, if  the  gross  registered  tonnage (GRT) of the replacement vessel  is above 
that of the vessel to be replaced, the difference in fee shall be paid pro rata temporis. 

The  owner  of  the  first  vessel,  or  the  agent,  shall  return  the  cancelled  licence  to  the 
competent authority of Seychelles via the  European  Commission  Delegation responsible 
for the Seychelles. 

The new licence shall take effect on the day that the vessel’s owner returns the cancelled 
licence to the competent authority of Seychelles. The European Commission Delegation 
responsible for the Seychelles shall be informed of the licence transfer. 

The licence must be kept on board at all times, without prejudice to point 2 of Chapter IX 
of this Annex. 

Section 2 
 Licence conditions – fees and advance payments 

Licences shall be valid for one year and are renewable. 

The fee shall be EUR 25 per tonne caught within Seychelles waters. 

Licences  shall  be  issued  once  the  following  standard  amounts  have  been  paid  to  the 
competent national authorities: 

- 

- 

- 

EUR  15 000  for  tuna  seiners,  equivalent  to  the  fees  due  for  <600>  tonnes  of  tuna 
and tuna-like species caught within Seychelles waters per year; 

EUR 3 000 for surface longliners of more than 150 GRT, equivalent to the fees due 
for  120  tonnes  of  tuna  and  tuna-like  species  caught  within  Seychelles  waters  per 
year; 

EUR 2 250 for surface longliners of 150 GRT or less, equivalent to the fees due for 
90 tonnes of tuna and tuna-like species caught within Seychelles waters per year. 

The SFA shall draw up a statement of fees due in respect of the previous calendar year on 
the  basis  of  catch  declarations  by  Community  vessels  and  other  information  in  the 
possession of the SFA. 

The statement shall be sent to the Commission before 31 March of the current year. The 
Commission shall transmit it before 15 April simultaneously to shipowners and national 
authorities of the concerned Member States. 

Where the shipowners do not agree with the statement submitted by the SFA, they may 
consult  the  scientific  institutes  competent  for  verifying  catch  statistics  such  as  the  IRD 
(Institut  de  Recherche  pour  le  Développement),  the  IEO  (Instituto  Español  de 
Oceanografia) and IPIMAR (Instituto de Investigação das Pescas e do Mar), and thereafter 

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discuss together with the Seychelles authorities to establish the final statement before 31 
May of the current year. In the absence of observations by the shipowners at that date, the 
statement submitted by the SFA is considered as the final one. 

Member  States  shall  notify  the  Commission  of  the  final  statement  relating  to  their  own 
fleet. 

Shipowners shall make any additional payment to the Seychelles competent authorities at 
the latest by 30 June of the same year at a bank account designated by the authorities of 
the Seychelles in accordance with Art. 2 (6) of the Protocol. 

Where the final statement is less than the advance payment referred to in paragraph 3, the 
balance shall not be recoverable by the shipowner. 

7. 

8. 

9. 

CHAPTER II - FISHING ZONES 

To avoid any adverse effect on small-scale fisheries in Seychelles waters, fishing by Community 
vessels shall not be authorised in the zones defined in Seychelles legislation nor within three miles 
around  any  fish-aggregating  device  placed  by  Seychelles  authorities,  the  geographical  positions 
which have been communicated to the shipowners’ representatives or agents. 

CHAPTER III – CATCH REPORTING ARRANGEMENTS 

1. 

For  the  purposes  of  this  Annex,  the  duration  of  a  trip  by  a  Community  vessel  shall  be 
defined as follows: 

- 

- 

- 

either the period elapsing between entering and leaving Seychelles waters; 

or the period elapsing between entering Seychelles waters and a transhipment; 

or  the  period  elapsing  between  entering  Seychelles  waters  and  a  landing  in 
Seychelles. 

2. 

2.1. 

All vessels authorised to fish in Seychelles waters under the Agreement shall be obliged to 
communicate  their  catches  to  the  competent  authority  of  Seychelles  in  the  following 
manner: 

The Community vessels licensed to fish in Seychelles waters shall fill a fishing form as set 
out in Appendices 2 and 3, for each trip it undertakes in Seychelles waters. In the absence 
of catches, the fishing forms shall still be filled in. 

2.2. 

As  far  as  the  submission  of  the  fishing  forms  referred  to  in  points  2.1  and  2.3  is 
concerned, the Community vessels shall: 

- 

- 

in the case they call into Port Victoria, submit the completed forms to the Seychelles 
authorities  within  five  days  of  arrival,  or  in  any  event  before  it  leaves  port, 
whichever occurs first; 

in any other case, send the completed forms to the Seychelles authorities within 14 
days of arrival in any port other than Victoria. 

EN 

14 

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2.3 

2.4 

3. 

1. 

2. 

3. 

4. 

5. 

6. 

7. 

Copies  of  these  fishing  forms  must  also  be  sent  to  the  scientific  institutes  referred  to  in 
section 2.6 

The words “Outside Seychelles waters” shall be entered in the abovementioned logbook 
in respect of periods during which the vessel is not in Seychelles waters. 

The  forms  shall  be  filled  in  legibly  and  signed  by  the  master  of  the  vessel  or  his 
representative. 

Where  the  provisions  set  out  in  this  Chapter  are  not  complied  with,  the  Government  of 
Seychelles  reserves  the  right  to  suspend  the  licence  of  the  offending  vessel  until 
formalities have been completed and to apply the penalty laid down in existing Seychelles 
legislation.  The  flag  Member  State  and  the  European  Commission  shall  be  informed 
thereof. 

CHAPTER IV – EMBARKING SEAMEN 

Each  tuna  seiner  shall  take  on  board  during  its  trip  in  Seychelles’  waters  at  least  two 
Seychelles seamen designated by the agent of the vessel, in agreement with the shipowner, 
from the names on a list submitted by the competent authority of Seychelles. 

Shipowners shall endeavour to take on board additional Seychelles seamen. 

The shipowner or agent shall inform the competent authority of Seychelles of the names 
and particulars of the Seychelles seamen taken on board the vessel concerned, mentioning 
their position in the crew. 

The  International  Labour  Organisation’s  Declaration  on  Fundamental  Principles  and 
Rights at Work shall apply as of right to seamen signed on by EU vessels. This concerns 
in  particular  the  freedom  of  association  and  the  effective  recognition  of  the  right  to 
collective bargaining, and the elimination of discrimination in respect of employment and 
occupation. 

Seychelles  seamen’s  employment  contracts,  a  copy  of  which  shall  be  given  to  the 
signatories,  shall  be  drawn  up  between  the  shipowners’  agent(s)  and  the  seamen  and/or 
their  trade  unions  or  representatives  in  consultation  with  the  competent  authorities  of 
Seychelles.  These  contracts  shall  guarantee  the  seamen  the  social  security  cover 
applicable to them, including life assurance and sickness and accident insurance and the 
pension benefits applicable to them.  

Seychelles seamen’s wages shall be paid by the ship-owners. They shall be fixed, before 
licences are issued, by mutual agreement between the ship-owners or their agents and the 
competent authorities of Seychelles. However, the wage conditions granted to Seychelles 
seamen  shall  not  be  lower  than  those  applied  to  Seychelles  crews  performing  similar 
duties and shall under no circumstances be below ILO standards. 

For the purposes of the enforcement and application of the law of employment the ship-
owner agent shall be considered as the local representative of the ship-owner. The contract 
concluded  between  the  agent  and  the  seamen  shall  include  also  the  conditions  for 
repatriation and the pension benefit applicable to them. 

EN 

15 

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8. 

9. 

All seamen employed aboard Community vessels shall report to the master of the vessel 
designated  on  the  day  before  their  proposed  embarkation  date.  Where  a  seaman  fails  to 
report  at  the  date  and  time  agreed  for  embarkation,  ship-owners  shall  be  automatically 
absolved of their obligation to take the seaman on board. 

Where no Seychelles seamen are taken on board for reasons other than that referred to in 
the previous point, shipowners shall be obliged to pay a flat-rate amount equivalent to a 
figure  based  on  the  number  of  days  that  the  vessel  operated  in  Seychelles’  waters 
multiplied by the amount per day which is fixed at $ 20. The flat rate amount shall be paid 
to the Seychelles authorities at the latest by the date set out in section 2 (8) of chapter I. 

10. 

That  sum  shall  be  used  for  the  training  of  seamen/fishermen  in  Seychelles  and  shall  be 
paid into an account specified by the authorities of Seychelles. 

CHAPTER V – TECHNICAL MEASURES 

Vessels  shall  comply  with  the  measures  and  recommendations  adopted  by  Indian  Ocean  Tuna 
Commission as well as the applicable national measures regarding fishing gear and the technical 
specifications thereof and all other technical measures applicable to their fishing activities. 

CHAPTER VI - OBSERVERS 

1. 

1.1 

1.2 

1.3 

2. 

3. 

4. 

Vessels authorised to fish in Seychelles waters under the Agreement shall take on board 
observers appointed by Seychelles on the terms set out below. 

Community  fishing  vessels  shall,  at  the  request  of  the  Seychelles  authorities,  take  on 
board  one  observer,  and  when  the  authorities  of  Seychelles  think  it  appropriate  and 
necessary, two observers, designated by the said authorities. 

The competent authority of Seychelles shall draw up a list of vessels designated to take an 
observer  on  board  and  a  list  of  the  appointed  observers.  These  lists  shall  be  kept  up  to 
date.  They  shall  be  forwarded  to  the  European  Commission  as  soon  as  they  have  been 
drawn up and every three months thereafter where they have been updated. 

The  competent  authority  of  Seychelles  shall  inform  the  shipowners  concerned,  or  their 
agents, of the name of the observer appointed to be taken on board their vessel or no later 
than 15 days before the observer’s planned embarkation date. 

The  time  spent  on  board  by  observers  shall  be  fixed  by  the  competent  authority  of 
Seychelles but, as a general rule, it should not exceed the time required to carry out their 
duties. The competent authority shall inform the shipowners or their agents thereof when 
notifying  them  of  the  name  of  the  observer  appointed  to  be  taken  on  board  the  vessel 
concerned. 

The  conditions  under  which  observers  are  taken  on  board  shall  be  agreed  between 
shipowners or their agents and the authorities of Seychelles.  

Observers shall be taken on board in a manner chosen by the shipowner, after notification 
of the list of designated ships.  

EN 

16 

   EN 

 
5. 

6. 

7. 

8. 

8.1 

8.2 

8.3 

8.4 

8.5 

8.6 

8.7 

9. 

10. 

Within  two  weeks  and  giving  ten  days’  notice,  the  shipowners  concerned  shall  make 
known  at  which  port  of  Seychelles  and  on  what  dates  they  intend  to  take  observers  on 
board. 

Where observers are taken on board in a foreign port, their travel costs shall be borne by 
the  shipowner.  Should  a  vessel  with  an  observer  from  Seychelles  on  board  leave 
Seychelles  waters,  all  measures  must  be  taken  to  ensure  the  observer’s  return  to 
Seychelles as soon as possible at the expense of the shipowner. 

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

Observers shall be treated as officers. They shall carry out the following tasks: 

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 Seychelles waters recorded in the logbook; 

verify the percentages of by-catches and estimate the quantity of discards; 

report  fishing  data  once  a  week  by  fax  or  e-mail  or  other  means  of  communication, 
including the quantity of catches and by-catches on board taken in Seychelles waters. 

Masters  of  vessels  shall  do  everything  in  their  power  to  ensure  the  physical  safety  and 
welfare of observers during performance of their duties. 

Similarly, as far as possible, they shall be offered every facility needed to carry out their 
duties. The master shall give them access to the means of communication needed for the 
discharge  of  their  duties,  to  documents  directly  concerned  with  the  vessel’s  fishing 
activities, including in particular the logbook and the navigation log, and to those parts of 
the vessel necessary to facilitate the exercise of their tasks as observer. 

11. 

While on board, observers shall: 

11.1 

11.2 

12. 

take all appropriate steps to ensure that the conditions of their boarding and presence on 
the vessel neither interrupt nor hamper fishing operations, 

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

At the end of the observation period and before leaving the vessel, observers shall draw up 
an activity report to be transmitted to the competent authorities of Seychelles, with a copy 
to the European Commission, which shall be signed by the observer. A copy of the report 
shall be handed to the master when the observer leaves the vessel. 

EN 

17 

   EN 

 
13. 

14. 

Shipowners shall bear the cost of accommodating observers in the same conditions as the 
officers on the vessel. 

The  salary  and  social  contributions  of  the  observer  shall  be  borne  by  the  competent 
authorities of Seychelles. 

CHAPTER VII – LANDING 

Tuna seiners landing in the port of Victoria will endeavour to make their by-catches available to 
the  authorities  of  Seychelles  at  the  local  market price.  Furthermore,  the  Community  tuna  seiners 
shall participate in supplying tuna to the Seychelles cannery at international market price. 

CHAPTER VIII – PORT EQUIPMENT AND USE OF SUPPLIES AND SERVICES 

Community vessels shall endeavour to procure in Seychelles all supplies and services required for 
their operations. The Seychelles authorities shall lay down, in agreement with the shipowners, the 
conditions for using port equipment and, if necessary, supplies and services. 

1. 

Vessel list 

CHAPTER IX - MONITORING 

The European Community shall keep an up-to-date list of the vessels to which a fishing 
licence has been issued under this Protocol. This list shall be notified to the authorities of 
Seychelles responsible for fisheries inspection as soon as it is drawn up and each time it is 
updated.  

2. 

Vessels Monitoring System: 

Community vessels shall be monitored, inter alia, by vessel monitoring systems, without 
discrimination, in accordance with the provisions set out in appendix 4. 

3. 

3.1 

3.2 

Entering and leaving Seychelles waters: 

Community vessels shall notify the competent authorities of Seychelles at least (3) hours 
in  advance  of  their  intention  to  enter  or  leave  Seychelles’  waters  and  every  three  days 
during their fishing activities in Seychelles waters of their catches during this period. 

When notifying entry/leaving, vessels shall also communicate their position at the time of 
communication  and  the  volume  and  species  in  catches  kept  on  board.  These 
communications shall be made in the format set out in appendix 5, by fax or e-mail, to the 
addresses  provided  therein.  However,  the  competent  authorities  of  the  Seychelles  may 
exempt surface long liners not fitted with the appropriate communication equipment from 
this obligation by authorising communication by radio. 

3.3 

Community  fishing  vessels  found  to  be  fishing  without  having  informed  the  competent 
authorities  of  Seychelles  shall  be  deemed  as  vessels  without  a  licence.  The  sanctions 
referred to in Chapter X, point 1 will be applicable in such cases. 

EN 

18 

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4. 

4.1 

4.2 

4.3 

5. 

5.1 

5.2 

5.3 

5.4 

5.5 

Control procedures 

Masters of Community fishing vessels engaged in fishing activities in Seychelles waters 
shall cooperate with any Seychelles official carrying out inspection and control of fishing 
activities. 

These officials shall not remain on board for longer than is necessary for the discharge of 
their duties. 

Once an inspection has been completed, a copy of the inspection report shall be given to 
the master of the vessel. 

Transhipment 

All Community vessels wishing to tranship catches in Seychelles waters shall do so within 
Seychelles ports. 

The  owners  of  such  vessels  must  notify  the  following  information  to  the  competent 
authority of Seychelles at least 24 hours in advance: 

- 

- 

- 

- 

the names of the transhipping fishing vessels, 

the names of the cargo vessels, 

the tonnage by species to be transhipped, 

the day of transhipment. 

Transhipment  shall  be  considered  as  an  exit  from  ’Seychelles  waters.  Vessels  must 
therefore submit their catch declarations to the competent authorities of Seychelles. 

Any transhipment of catches not covered above shall be prohibited in Seychelles waters. 
Any  person  infringing  this  provision  shall  be  liable  to  the  penalties  provided  for  by  the 
Seychelles law. 

Masters of Community fishing vessels engaged in landing or transhipment operations in a 
port  of  Seychelles  shall  allow  and  facilitate  the  inspection  of  such  operations  by 
Seychelles  inspectors.  Once  the  inspection  has  been  completed,  a  certificate  shall  be 
issued to the master of the vessel. 

1. 

Sanctions 

CHAPTER X -ENFORCEMENT 

Failure to observe any one of the above rules, the management and conservation of living 
resources  measures  or  the  Seychelles  legislation  may  be  penalised  by  suspension, 
revocation or non-renewal of the vessel’s fishing licence. 

The flag Member State and the European Commission will immediately be fully informed 
of any suspension or revocation and of all relevant facts related thereto. During the period 
of the suspension of a licence or during the remaining period of the validity of a licence 

EN 

19 

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which  has  been  revoked,  the  European  Commission  may  request  another  licence  which 
would  have  otherwise  have  been  applicable,  for  a  vessel  from  another  ship-owner,  in 
accordance with the procedure set out in point 1.11 of chapter I.  

2. 

Arrest of fishing vessels 

The Seychelles authorities shall inform the Delegation of the Commission responsible for 
the Seychelles and the flag State, within 48 hours, of the arrest of any fishing vessel flying 
the flag of a Member State of the Community fishing under the Agreement in Seychelles 
fishing zone and shall transmit a brief report of the circumstances and reasons leading to 
such arrest. The Delegation and the flag State shall be kept informed of any proceedings 
initiated and penalties imposed. 

___  

EN 

20 

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Appendix 1 

APPLICATION FOR A FOREIGN FISHING VESSEL LICENCE 

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

………………………………………………………………………………………………………… 

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

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

•  Name and address of charterer of vessel if different from above: ...................................................  

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

•  Name and address of other legal representative in Seychelles:........................................................  

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

•  Name and address of master of vessel: ............................................................................................  

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

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

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

•  Length and registered net tonnage of vessel: ...................................................................................  

•  Engine type, horse power and gross registered tonnage: .................................................................  

•  Port and country of registry:.............................................................................................................  

•  Registration number: ........................................................................................................................  

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

•  Radio call sign/signal letters: ...........................................................................................................  

•  Frequency: ........................................................................................................................................  

•  Particulars of equipment:..................................................................................................................  

•  Number and nationality of crew:......................................................................................................  

•  Proposed fishing area and species of fish:........................................................................................  

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

•  Description of fishing operations, joint ventures and other contractual arrangements: ...................  

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

I certify that the above particulars are correct. 

Date: ................................. 

Signature: ................................ 

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21 

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Appendix 2 

STATEMENT OF CATCH FOR TUNA SEINERS 

One line per haul whether yielding a catch or not. Enter crosses under INDICATORS and HAUL. Thank you. 

Departure  Port : 
Date : 
Time : 

Arrival  Port : 
Date: 
Time : 

Loch 
Departure: 
Arrival : 

Vessel : 
Skipper : 

Sheet 
N° 

Haul 

Estimated catch 

Indicators 

Comments 

Loch 

Wind 

Current 

Date 

Position 
At time 
of haul, 
otherwise 
at 
midday 

h
c
t
a
c

t
u
o
h
t
i

W

h
c
t
a
c
h
t
i

W

°
N
k
n
a
T

Yellow-
fin 

Skipjack 

Big-eye 

Albacore 

Other 
species 

e
g
a
n
n
o
T

e
z
i
S

e
z
i
S

e
g
a
n
n
o
T

e
z
i
S

e
g
a
n
n
o
T

e
g
a
n
n
o
T

e
z
i
S

e
z
i
S

)
s
(
e
g
a
k
c
e
r

W

e
g
a
n
n
o
T

)
s
(
e
l
a
h
W

s
d
r
i

B

s
k
r
a
h
s
-
e
l
a
h
W

Route or search – 
Discards 
Type of shoal or 
wreckage 
Miscellaneous 
problems 
General weather 
conditions 

t
u
o
k
o
o
l

f
o

d
n
e

r
o
.

m
.
p

6

f
o

t
r
a
t
s

r
o
.

m
.
a

6

t
u
o
k
o
o
l

s
e
l
i

m
n
i
y
t
i
l
i
b
i
s
i
V

°
T
e
c
a
f
r
u
S

a
e
s

f
o
e
t
a
t
S

s
t
o
n
k

n
i

d
e
e
p
S

n
o
i
t
c
e
r
i

D

n
o
i
t
c
e
r
i

D

s
t
o
n
k

n
i

d
e
e
p
S

EN 

22 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
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

Number of hooks: ___________ 
Length: Buoy lines: 
Length of line: ____________ 
Recorded depth of the line (sounder): ___________ 
Bait: Shrimp: _____________ % 

Branch lines: ____________ 

Mackerel: ________ %  _______: ______% 

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23 

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Details of catch 

Time 

Latitude 

Longitude 

(0 à 24 H) 

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 
details) 

(give 

Total weight 

Total weight of catch landed (weighed) 

*  
**  

VDK. 
With head, gilled. 
State the type of weight used (VAT, VDK, whole) if different from that specified. 

EN 

24 

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Appendix 4 

PROVISIONS  

ESTABLISHING THE METHOD TO BE USED FOR THE TRANSMISSION OF DATA 
RELATING TO SATELLITE MONITORING OF THE POSITION OF EC VESSELS 
FISHING UNDER THE EC/SEYCHELLES FISHERY AGREEMENT  

As the Republic of Seychelles has introduced a vessel monitoring system (VMS) applicable to all 
foreign vessels fishing in Seychelles waters, on a non-discriminatory basis, and has extended VMS 
surveillance to its own national fleet of the same category, and 

Considering that EC fishing vessels are already  subject to satellite tracking under the Community 
legislation since January 2000,  

It is recommended that the flag States and the authorities of the Republic of Seychelles implements 
a  satellite  monitoring  of  the  EC  vessels  fishing  under  the  EC/Seychelles  Fishery  Agreement  in 
accordance with the following conditions: 

1. 

2. 

3. 

4. 

5. 

For  the  purposes  of  satellite  monitoring,  the  Seychelles  authorities  shall  communicate  to 
the Fisheries Monitoring Centres (FMCs) of the flag States the co-ordinates (latitudes and 
longitudes) of the Seychelles waters. 

The Seychelles authorities will transmit this information in electronic format, expressed in 
degrees decimal in the Wgs-84 system datum. 

The  Seychelles  authorities  and  the  national  FMCs  will  exchange  information  on  their 
respective  electronic  addresses  in  X.25  format  or  where  appropriate  other  secure 
communication  protocol  and  the  specifications  to  be  used  in  their  respective  FMCs  in 
accordance with the conditions established in points 4 and 6. This information will include, 
as far as possible, the names, the telephone, and fax numbers and the electronic addresses 
(Internet), which can be used for the general communications between the FMCs. 

The  position  of  the  vessels  will  be  determined  with  a  margin  of  error  of  less  than  500 
metres and with a confidence interval of 99%. 

When a vessel fishing under the EC/Seychelles Agreement and subject to satellite tracking 
under  the  Community  legislation  enters  into  the  Seychelles  waters,  subsequent  position 
reports shall be communicated by the FMC of the flag State to the Monitoring Centre of 
Seychelles automatically, in real time, at least every hour (frequency). These messages are 
identified as Position Reports. 

The  messages  referred  to  in  item  4  shall  be  transmitted  electronically  in  X.25  format,  or 
other  secure  communication  protocols  subject  to  prior  agreement  between  the  relevant 
FMCs. All messages will be communicated automatically, in real time, in accordance with 
the definitions given in Attachment 1. 

It  is  prohibited  for  a  vessel  to  switch  off  its  satellite  tracking  device  when  operating  in 
Seychelles waters. 

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25 

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6. 

7. 

8. 

9. 

10. 

In  the  event  of  a  technical  problem  or  malfunction  of  the  satellite  monitoring  device 
installed on board the fishing vessel, the master of that vessel shall communicate in good 
time by fax, or e-mail to the FMC of the Flag State concerned the information specified in 
item 4. At least one global position Report every four hours shall be sufficient under such 
circumstances as long as the vessel stays in Seychelles waters. This global position Report 
will include the hourly positions as registered by the master of that vessel during those four 
hours. The FMC of the flag State or the vessel itself shall forward these messages to the 
Seychelles Monitoring Centre without delay. In case of necessity or doubts, the Seychelles 
Fishing  Authority  (SFA)  could  ask  for  a  determine  vessel  a  transmission  of  the  position 
report every hour. Defective equipment shall be repaired or replaced as soon as the vessel 
concludes its fishing trip or within a month at a maximum. Past this period, a new fishing 
trip may not begin until the equipment has been repaired or replaced. 

The Vessel Monitoring System hardware and software components shall be temper proof, 
i.e. shall not permit the input or output of false positions and must not be capable of being 
manually  over-ridden.  The  system  shall  be  fully  automatic  and  operational  at  all  times 
regardless  of  environmental  conditions.  It  shall  be  prohibited  to  destroy,  damage,  render 
inoperative or otherwise interfere with the satellite tracking device. 

In particular, the master shall ensure that: 

- 

- 

- 

data are not altered in any way; 

the  antenna  or  the  antennas  connected  to  the  satellite  tracking  devices  are  not 
obstructed in any way; and 

the power supply of the satellite tracking devices is not interrupted in any way. 

Any  breach  of  the  above-mentioned  obligations  may  render  the  master  liable  under  the 
laws  and  regulations  of  Seychelles,  provided  that  the  vessel  is  operating  in  Seychelles 
waters. 

The FMCs of the Flag States shall monitor the tracking of their vessels when the latter are 
in the Seychelles waters, at one hour intervals. If the tracking of the vessels is not carried 
out  under  the  conditions  envisaged,  the  Seychelles  Monitoring  Centre  is  immediately 
informed and the procedure provided for in item 6 will be applicable. 

Relevant  FMCs  and  the  Seychelles  Monitoring  Centre  shall  co-operate  to  ensure  the 
implementation  of  these  provisions.  If  the  Seychelles  Monitoring  Centre  establishes  that 
the flag State is not transmitting the data in conformity with item 4 above, the other party 
shall be immediately notified. Upon receipt of notification, the latter shall respond within 
twenty-four (24) hours by informing the Seychelles Monitoring Centre of the reasons for 
non-transmission and indicating a reasonable delay for compliance with these provisions. 
In case of failure to comply within this delay, the two parties will settle such problems in 
writing or as provided for by point 13 of these provisions. 

Monitoring data transmitted in accordance with these provisions shall be used exclusively 
for control, management, monitoring and enforcement by the Seychelles authorities of the 
Community fleet fishing under the EC/Seychelles fishery agreement These data cannot be 
communicated to other parties under any circumstances, except with the written consent of 
the flag State concerned, on a case by case basis, or by an order of the Court in Seychelles. 

EN 

26 

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11. 

12. 

13. 

It is agreed that, at the request of either party, there will be an exchange of information on 
the equipment used for satellite tracking, in order to ensure that the said equipment is fully 
compatible with the requirements of the other party for the purposes of these provisions. 

The Parties agree to review these provisions as and when appropriate, including all cases of 
malfunctioning  or  anomalies  related  to  individual  vessels.  All  such  cases  will  have  to  be 
notified  by  the  SFA  to  the  EC  flag  Member  States  at  least  15  days  before  the  review 
meeting.  

Any  dispute  concerning  the  interpretation  or  the  application  of  these  provisions  shall  be 
subject  to  consultation  between  the  Parties  within  the  framework  of  the  Joint  Committee 
provided  for  in  Article  7  of  the  Agreement  between  the  European  Community  and  the 
Republic of Seychelles concerning fishing in Seychelles waters. 

14. 

These provisions shall enter into force on 18th January 2005. 

EN 

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Attachment 1 

COMMUNICATION OF VMS MESSAGES TO SEYCHELLES 

POSITION REPORT  

Piece of data   Code 

Mandatory/ 
Optional 

Comments  

Start record  

SR 

Address 

From 

Type of 
message  

AD 

FR 

TM 

Radio call sign   RC 

M 

M 

M 

M 

M 

System detail; indicates start of record  

Message detail; destination Party Alfa-3 ISO country 
code  

Message detail; the transmitting Party Alfa-3 ISO 
country code 

Message detail; message type, "POS"  

Vessel detail; international radio call sign of the 
vessel  

Internal 
Reference 
Number  

External 
Registration 
Number  

IR 

O 

Vessel detail; Unique Party vessel number as Alfa-3 
ISO flag country code followed by number 

XR 

O 

Vessel detail; the side number of the vessel  

Latitude  

LA 

Longitude  

Speed 

Course 

Date  

Time  

LO 

SP 

CO 

DA 

TI 

End of record   ER 

Character set: ISO 8859,1 

M 

M 

M 

M 

M 

M 

M 

Position detail; position of the vessel in degrees and 
minutes N/S DDMM (WGS-84)  

Position detail; position of the vessel in degrees and 
minutes E/W DDDMM (Wgs-84)  

Position detail; vessel speed in tenths of knots 

Position detail; vessel course in 360° scale 

Position detail; UTC date of position (YYYYMMDD) 

Position detail; UTC time of position (HHMM)  

System detail; indicates end of record  

A data transfer is structured in the following way: 

- 

- 

a double oblique bar (//) and a code mark the beginning of the transmission, 

a simple oblique bar (/) marks a separation between the code and the piece of data. 

The optional data has to be inserted between the beginning and the end of the recording. 

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Appendix 5 

COMMUNICATION FORMAT REPORTS 

1. 

ENTRY REPORT FORMAT (WITHIN 3 HOURS BEFORE THE EVENT) 

(CONTENT) 

ADDRESSEE 

ACTION CODE 

VESSEL NAME 

INTERNATIONAL RADIO CALL SIGN 

POSITION OF ENTRY 

DATE AND HOUR (UTC) OF ENTRY 

QUANTITY (Mt) OF FISH ON BOARD 

YELLOWFIN 

BIGEYE TUNA 

SKIPJACK 

OTHERS (SPECIFY) 

(TRANSMISSION) 

SFA 

IN 

(Mt) 

(Mt) 

(Mt) 

(Mt) 

2. 

EXIT REPORT FORMAT (WITHIN 3 HOURS BEFORE THE EVENT) 

(CONTENT) 

ADDRESSEE 

ACTION CODE 

VESSEL NAME 

INTERNATIONAL RADIO CALL SIGN 

POSITION OF ENTRY 

DATE AND HOUR (UTC) OF EXIT 

QUANTITY (Mt) OF FISH ON BOARD 

YELLOWFIN 

BIGEYE TUNA 

SKIPJACK 

OTHERS (SPECIFY) 

(TRANSMISSION) 

SFA 

OUT 

(Mt) 

(Mt) 

(Mt) 

(Mt) 

EN 

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3. 

WEEKLY CATCH REPORT FORMAT (EVERY THREE DAYS WHEN THE VESSEL IS 
OPERATING IN SEYCHELLES WATERS) 

(CONTENT) 

ADDRESSEE 

ACTION CODE 

VESSEL NAME 

INTERNATIONAL RADIO CALL SIGN 

QUANTITY (Mt) OF FISH ON BOARD 

YELLOWFIN 

BIGEYE TUNA 

SKIPJACK 

OTHERS (SPECIFY) 

NUMBER  OF  SETS  MADE  SINCE  LAST 
REPORT 

(TRANSMISSION) 

SFA 

WCRT 

(Mt) 

(Mt) 

(Mt) 

(Mt) 

All  reports  shall  be  transmitted  to  the  competent  authority  at  on  the  following  fax  number  or 
Electronic-mail address: Fax  +248 225957  E-mail fmcsc@sfa.sc 

Seychelles Fishing Authority, P.O. Box 449, Fishing Port, Mahé, Seychelles 

EN 

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