Partnership Agreement between the European Community and the Federated States of Micronesia on fishing in the Federated States of Micronesia
Date: 2006-09-20
Institutions: European Community, Micronesia
Subjects: Federated States of Micronesia, agreement (EU), catch area, catch quota, financial compensation of an agreement, fishing agreement, fishing rights, sea fishing

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PARTNERSHIP AGREEMENT

between the European Community and the Federated States of Micronesia on fishing in the Federated
States of Micronesia

THE EUROPEAN COMMUNITY,

hereinafter referred to as the Community, and

THE GOVERNMENT OF FEDERATED STATES OF MICRONESIA,

hereinafter referred to as FSM;

Both collectively referred to as the Parties,

CONSIDERING THE close cooperation and cordial relations between the Community and FSM, particularly in the context of
the Lomé and Cotonou Agreements, and their common desire to further maintain and develop these relations,

CONSIDERING THE wish of FSM to promote the rational exploitation of its fishery resources by means of intensified
cooperation and the desire of the Community fishing vessels to have access to the exclusive economic zone (EEZ) of FSM,

RECALLING THAT, in respect of conservation, management and the rational exploitation of highly migratory fish stocks,
FSM exercises its sovereign rights or jurisdiction over a zone extending up to 200 nautical miles from the baselines of its
coasts,

HAVING REGARD TO the United Nations Convention on the Law of the Sea of 1982 and to the United Nations Fish Stock
Agreement (UNFSA);

AWARE OF the importance of the principles established by the Code of Conduct for Responsible Fisheries adopted at the
FAO Conference in 1995,

AFFIRMING THAT the exercise of sovereign rights by coastal States in waters under their jurisdiction for the purpose of
exploiting, conserving and managing living resources must be conducted in accordance with the principles and practices of
international law and in due consideration to practices established at regional level,

DETERMINED TO cooperate, in their mutual interest, in promoting the enhancement of responsible fisheries to ensure the
long-term conservation and sustainable exploitation of living marine resources,

CONVINCED THAT such cooperation must take the form of initiatives and measures which, whether taken jointly or
separately, are complementary, consistent with policy and ensure synergy of effort,

DECIDED, to these ends, to establish a dialogue with a view to assist FSM in defining a sectoral fisheries policy in FSM and
identifying the appropriate means of ensuring that this policy is effectively implemented and that economic operators and
civil society are involved in the process,

DESIROUS OF establishing terms and conditions governing the fishing activities of Community vessels in the FSM EEZ and
Community support for the enhancement of responsible fishing in that EEZ,

RESOLVED TO pursue closer economic cooperation in the fishing industry and related activities through the
encouragement of direct fisheries investment including the setting up of joint enterprises involving companies from
both Parties,

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HAVE AGREED AS FOLLOWS:

Article 1

Scope

This Agreement establishes the principles, rules and procedures
governing:

economic, financial, technical and scientific cooperation in
the fisheries sector with a view to enhancing responsible
fishing in the FSM EEZ to ensure the conservation and
sustainable exploitation of fisheries resources, and devel-
oping the FSM fisheries sector;

(f)

‘Joint Committee’ means a committee made up of
representatives of
the Community and FSM whose
functions are described in Article 9 of this Agreement;

(g)

‘fishing’ means:

(i)

searching for, catching, taking or harvesting fish;

(ii)

attempting to search for, catch, take or harvest fish;

(iii)

engaging in any other activity which can reasonably
be expected to result in locating, catching, taking or
harvesting fish;

the conditions governing access by Community fishing
vessels to FSM EEZ;

(iv) placing, searching for or recovering fish aggregating
devices or associated electronic equipment such as
radio beacons;

the arrangements for monitoring fisheries in FSM EEZ with
a view to ensuring that the above rules and conditions are
complied with;

(v)

any operation at sea directly in support of or in
preparation for any activity described in subpara-
graphs (i) to (iv); and

(a)

(b)

(c)

(d)

the measures for an effective conservation and management
of fish stocks;

(e)

(f)

the prevention of illegal, unreported and unregulated (IUU)
fishing; and

the promotion of cooperation among economic operators
including partnerships between companies
aimed at
developing economic activities in the fisheries sector and
related activities, in the common interest.

Article 2

Definitions

For the purposes of this Agreement:

(vi) use of any other vehicle, air or seaborne, for any
activity described in subparagraphs (i) to (v) except for
emergencies involving health and safety of the crew or
the safety of a vessel;

‘fishing vessel’ means any vessel used or intended for use for
the purpose of fishing,
including support ships, carrier
vessels, and any other vessels directly involved in such
fishing operations;

‘operator’ means any person who is in charge of, or is
responsible for the operation of, or directs or controls a
fishing vessel, including the owner, charterer or master;

‘transhipment’ means the unloading of any or all of the fish
on board a fishing vessel onto another fishing vessel in a
designated port.

(h)

(i)

(j)

(a)

‘FSM authorities’ means FSM National Oceanic Resource
Management Authority (NORMA);

Article 3

(b)

‘Community authorities’ means the European Commission;

Principles and objectives referred to on the implementation
of this Agreement

(c)

(d)

(e)

‘FSM Exclusive Economic Zone’ means the waters over
which FSM has sovereign right or jurisdiction in respect of
fisheries, identified by Title 18 and 24 of the Code of the
FSM;

‘Community vessel’ means a fishing vessel flying the flag of
a Member State and registered in the Community;

‘Joint enterprise’ means a commercial company set up in
FSM by vessel owners or national enterprises from the
Parties in order to engage in fishing or related activities;

1. The Parties hereby undertake to promote responsible fishing
in the FSM EEZ based on the principle of non-discrimination
between the different fleets fishing in the zone, without prejudice
to agreements concluded between developing countries within a
geographical region, including reciprocal fisheries agreements.

2. The Parties shall cooperate with a view to assisting the FSM
in defining and implementing a sectoral fisheries policy in FSM
EEZ and shall to that end initiate a policy dialogue on the
necessary reforms. They hereby undertake to inform and consult
each other on any change in the sectoral fisheries policy.

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3. The Parties shall also cooperate on carrying out ex ante,
ongoing and ex post evaluations, both jointly and unilaterally, of
measures, programmes and actions implemented on the basis of
this Agreement.

4. The Parties hereby undertake to ensure that this Agreement
is implemented in accordance with the principles of good
economic and social governance.

5. The employment of FSM seamen on board Community
vessels shall be governed by the International Labour Organisa-
tion (ILO) Declaration on Fundamental Principles and Rights at
to the corresponding
Work, which shall apply as of right
contracts and general terms of employment. This concerns in
particular the freedom of association and the effective recogni-
tion of the right to collective bargaining, and the elimination of
discrimination in respect of employment and occupation.

Article 4

Scientific cooperation

1. During the period covered by this Agreement, the Commu-
nity and FSM shall exchange information on the ongoing state of
resources in FSM EEZ; a joint scientific meeting shall be held
when necessary to recommend measures to the Joint Committee
as provided for in Article 9.

international organisations

2. The Parties shall consult each other, either directly or within
the
the
management and conservation of living resources in the Western
and Central Pacific, and to cooperate in the relevant scientific
research.

concerned,

to ensure

Article 5

Access by community vessels to FSM EEZ

1.
FSM hereby undertakes to authorise Community vessels to
engage in fishing activities in its EEZ in accordance with this
Agreement, including the Protocol and Annex thereto.

2. The fishing activities governed by this Agreement shall be
subject to the laws and regulations of the FSM. FSM shall notify
the Commission of any amendments to the said laws and
regulations as soon as practicable and shall apply three months
after notification.

3.
FSM has responsibility for the effective implementation of
the fisheries monitoring provisions in the Protocol. Community
vessels shall comply with such monitoring requirements. The
steps taken by FSM to regulate fishing in the interest of the
conservation of fishery resources shall be based on objective and
scientific criteria. They shall apply without discrimination to
Community, FSM and foreign vessels, without prejudice to
agreements concluded between developing countries within a

single geographical region, including reciprocal fisheries agree-
ments.

4. The Community shall take all the appropriate steps required
to ensure that its vessels comply with this Agreement and the
laws and regulations governing fisheries in the FSM EEZ.

Article 6

Licences

The procedure for obtaining a fishing licence for a vessel, the fees
applicable and the method of payment to be used by ship owners
shall be as set out in the Annex to the Protocol.

Article 7

Financial contribution

1. The Community shall grant FSM a
financial
contribution in accordance with the terms and conditions laid
down in the Protocol and Annexes without prejudice to
financing accorded to the FSM under the Cotonou Agreement.
This single contribution shall be calculated on the basis of two
related elements, namely:

single

(a)

access by Community vessels to the FSM EEZ; and

(b)

the Community's financial support for enhancing respon-
sible fishing and the sustainable exploitation of fisheries
resources in FSM EEZ.

the financial contribution referred to in
2. The part of
paragraph 1(b) shall be determined and managed in the light
of objectives identified by common accord between the Parties in
accordance with the Protocol, to be achieved in the context of
the sectoral fisheries policy of the FSM and in accordance with an
annual and multiannual programme for its implementation.

3. The financial contribution granted by the Community shall
be paid each year in accordance with the Protocol and without
prejudice to the provisions of this Agreement and its Protocol on
any change of the amount of the contribution as a result of:

(a)

(b)

serious circumstances, other
preventing fishing activities in FSM EEZ,
with Article 14 of this Agreement;

than natural phenomena,
in accordance

a reduction in the fishing opportunities granted to
Community vessels made by mutual agreement between
the Parties for
the purposes of managing the stocks
concerned, where this is considered necessary for the
conservation and sustainable exploitation of resources on
in
the basis of
accordance with Article 4 of the Protocol;

the best available scientific advice,

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(c)

(d)

an increase in the fishing opportunities granted to
Community vessels, made by mutual agreement between
the Parties where the best available scientific advice concurs
that the state of resources so permits, in accordance with
Articles 1 and 4 of the Protocol;

(c)

(d)

a reassessment of
the terms of Community financial
support for implementing a sectoral fisheries policy in
FSM, in accordance with Article 5 of the Protocol, where
the annual and
this
multiannual programming observed by both Parties;

is warranted by the results of

(e)

termination of this Agreement under Article 12;

(f)

suspension of the implementation of this Agreement under
Article 13.

acting as a forum for the amicable settlement of any
disputes regarding the interpretation or implementation of
this Agreement;

reassessing, where necessary, the level of fishing opportu-
nities and, consequently, of
the financial contribution.
Consultations shall be based on the principles set out under
Articles 1, 2, and 3 of the Protocol;

(e)

any other function which the Parties decide on by mutual
agreement.

least once a year,
2. The Joint Committee shall meet at
alternately in the Community and in FSM, and shall be chaired by
the Party hosting the meeting. It shall hold a special meeting at
the request of either of the Parties.

Article 8

Article 10

Promoting cooperation among economic operators and in
civil society

Geographical area to which this Agreement applies

1. The Parties shall encourage economic, commercial, scientific
and technical cooperation in the fisheries sector and related
sectors. They shall consult one another with a view to
coordinating the different measures that might be taken to this
end.

This Agreement shall apply, on the one hand, to the territories in
which the Treaty establishing the European Community applies,
under the conditions laid down in that Treaty and, on the other
hand, to the territory of FSM.

2. The Parties shall encourage exchanges of information on
fishing techniques and gear, preservation methods and the
industrial processing of fisheries products.

Article 11

Duration

3. The Parties shall endeavour to create conditions favourable
to the promotion of relations between enterprises from the
Parties in the technical, economic and commercial spheres, by
encouraging the establishment of an environment favourable to
the development of business and investment.

This Agreement shall apply for nine years from the date of its
entry into force; it shall be renewable for additional periods of
three years, unless notice of termination is given in accordance
with Article 12.

4. The Parties shall encourage direct investment, in particular,
the setting-up of joint enterprises in their mutual interest. The
creation of
in FSM and the transfer of
Community vessels to joint enterprises shall systematically
comply with FSM and Community legislation.

joint enterprises

Article 12

Termination

Article 9

Joint Committee

1. A Joint Committee shall be set up to monitor
the
implementation of this Agreement. The Joint Committee shall
perform the following functions:

(a) monitoring the performance, interpretation and implemen-
tation of this Agreement and, in particular, the definition of
the annual and multiannual programming referred to in
its
Article 5(2) of
implementation;

the Protocol and evaluation of

1. This Agreement may be terminated by either Party in the
event of serious circumstances such as the degradation of the
stocks concerned, the discovery of a reduced level of exploitation
of the fishing opportunities granted to Community vessels, or
failure to comply with undertakings made by the Parties with
regard to combating illegal, unreported and unregulated fishing.

2. The Party concerned shall notify the other Party of
its
intention to withdraw from this Agreement in writing at least six
months before the date of expiry of the initial period or each
additional period.

3. Dispatch of the notification referred to in paragraph 2 shall
open consultations by the Parties.

(b)

providing the necessary liaison for matters of mutual
interest relating to fisheries and in particular measures to
ensure the sustainable management of fisheries resources;

4.
Payment of the financial contribution referred to in Article 7
for the year in which the termination takes effect shall be reduced
proportionately and pro rata temporis.

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5. Before the end of the period of validity of any Protocol to
this Agreement, the parties shall hold negotiations to establish by
agreement what amendments or additions to the Protocol and
the Annex are required.

Article 13

Suspension and review of the payment of the financial
contribution

Implementation of this Agreement may be suspended at the
1.
initiative of one of
the Parties in the event of a serious
disagreement as to the implementation of provisions laid down
in this Agreement or its Protocol and Annex. Such suspension
shall require the Party concerned to notify its intention in writing
at least three months before the date on which suspension is due
to take effect. On receipt of this notification, the Parties shall
enter into consultations with a view to resolving their differences
amicably.

Payment of the financial contribution referred to in Article 7
2.
shall be reduced proportionately and pro rata temporis, according
to the duration of the suspension.

Article 14

Suspension of the payment of the financial contribution on
grounds of force majeure

fishing activities

1. Where serious circumstances, other than natural phenom-
ena, prevent
the European
Community may suspend payment of the financial contribution
provided for in Article 2 of the Protocol, following consultations
between the two parties where possible, and provided that the

in FSM EEZ,

Community has paid in full any amounts due at the time of
suspension.

2.
Payment of the financial contribution shall resume as soon
as the parties find, by mutual agreement following consultations,
that the circumstances preventing fishing activities are no longer
present and that the situation allows a resumption of fishing
activities. This payment should be done within a time limit of
two months upon confirmation from both parties.

3. The validity of the licences granted to Community vessels
under Article 6 of this Agreement and Article 1 of the Protocol
shall be extended by a period equal to the period during which
fishing activities were suspended.

Article 15

Protocol and Annex

The Protocol and the Annex shall form an integral part of this
Agreement.

Article 16

Entry into force

1. This Agreement, drawn up in duplicate in the Czech, Danish,
Dutch, English, Estonian, Finnish, French, German, Greek,
Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish, Portu-
guese, Slovak, Slovene, Spanish and Swedish languages, each of
these texts being equally authentic, shall enter into force on the
date on which the Parties notify each other that their adoption
procedures have been completed.

2.

It shall apply with effect not before 1 January 2005.

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setting out the fishing opportunities and financial contribution provided for in the Partnership
Agreement between the European Community and the Federated States of Micronesia on fishing in
the Federated States of Micronesia

PROTOCOL

Article 1

Period of application and fishing opportunities

FSM shall grant annual fishing licences to Community tuna
1.
in
to Article 6 of
fishing vessels pursuant
conformity with Title 24 of the Code of the FSM and within the
limits established by the Palau Arrangement for the Management
of the Western Pacific Purse Seine Fishery, hereinafter referred to
as ‘the Palau Arrangement’.

the Agreement,

2.
For a period of three years from the date of entry into force
of this Protocol the fishing opportunities foreseen under Article 5
of
to fish
simultaneously within FSM EEZ for six purse seine vessels and
12 long-liners.

shall provide annual

the Agreement

licences

3.
Starting from the second year of application of this Protocol
and without prejudice to Article 9(d) of the Agreement and
Article 4 of this Protocol, at the request of the Community, the
number of fishing licences for purse seine vessels granted in
Article 1(2) of this Protocol may be increased. This will be
possible only if resources permit and in accordance with the
Palau Arrangement yearly limitations and with an appropriate
tuna stock assessment based on objective and scientific criteria,
including the ‘Western and Central Pacific Tuna Fishery Overview
and Status of Stocks’ published yearly by the Secretariat of the
Pacific Community.

Paragraphs 1, 2 and 3 shall apply subject to Articles 4, 6 and

4.
7 of this Protocol.

5.
Payment shall be made no later than three months after the
entry of the Agreement into force for the first year and no later
than the anniversary date of this Protocol for the following years.

6.
Subject to Article 5 of this Protocol, FSM shall have full
discretion regarding the use to which this financial contribution
is put.

7. The financial contribution shall be paid into the General
Fund Account of the FSM held at the Bank of FSM, Pohnpei
Branch. The annual financial contribution to be paid by the
Community in exchange for the granting of additional annual
licences pursuant to Articles 1(3) and 2(4) of this Protocol shall
be paid into the same account. The banking details shall be
communicated by NORMA to the European Commission before
the entry into force.

8. Copies of payments or wire transfers shall be forwarded to
NORMA as evidence of payments made.

Article 3

Cooperation on responsible fishing

1. Both parties hereby undertake to promote responsible
fishing in the FSM EEZ based on the principle of non
discrimination between the different
fleets fishing in those
waters.

Article 2

2. During the period covered by this Protocol, the Community
and FSM shall monitor the state and sustainability of resources in
the FSM EEZ.

Financial contribution — Methods of payment

1. The single financial contribution referred to in Article 7 of
the Agreement shall be EUR 559 000 per year.

Paragraph 1 shall apply subject to Articles 4 of this Protocol

2.
and to Articles 13 and 14 of the Agreement.

If the total quantity of tuna catches per year by Community
3.
vessels in the FSM EEZ exceeds 8 600 tons, the total annual
financial contribution shall be increased by EUR 65 per
additional ton of tuna caught. However, the total annual amount
to be paid by the Community cannot exceed the triple of the
amount of the financial contribution referred to in paragraph 1.

3. Based on the conclusions of the annual meeting of the
members to the Palau Arrangement and on the yearly assessment
of stocks done by the Secretariat of the Pacific Community, the
two parties shall consult each other within the Joint Committee
provided for in Article 9 of the Agreement and, where necessary
and by mutual agreement,
to ensure the
take measures
sustainable management of fisheries resources.

Article 4

Review of fishing opportunities

For each additional purse seine licence granted by FSM
4.
pursuant to Article 1(3), the Community shall
increase the
financial contribution referred to in Article 2(1) of this Protocol
by EUR 65 000 per year.

1. The fishing opportunities referred to in Article 1 of this
Protocol may be increased by mutual agreement in so far as the
conclusions of the annual meeting of the Palau Arrangement
members and the annual review of the status of stocks made by
the Secretariat of the Pacific Community confirm that such an

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increase will not endanger the sustainable management of FSM's
fisheries resources. In this case the financial contribution referred
to in Article 2(1) of
increased
proportionately and pro rata temporis.

this Protocol

shall be

2. Conversely, if the parties agree to adopt measures resulting
in a reduction in the fishing opportunities provided for in
Article 1 of this Protocol, or if a reduction is required as a result
of a decision of
the Parties to the Palau Arrangement, the
financial contribution shall be reduced proportionally and
pro rata temporis.

3. 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 made by the scientific meeting regarding the
management of stocks liable to be affected by such redistribu-
tion. The parties shall agree on the corresponding adjustment of
the financial contribution where the redistribution of fishing
opportunities so warrants.

Article 5

Support for enhancing responsible fishing in FSM

1.
FSM shall define and implement a sectoral fisheries policy
with a view to enhancing responsible fishing. A share of 18 % of
the single financial contribution referred to in Article 2(1) of this
Protocol shall be put towards these objectives. 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.

2.
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 FSM shall agree, within the Joint Committee
provided for in Article 9 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 FSM in its national fisheries policy and other
policies relating to or having an impact on the enhance-
ment of responsible fishing and sustainable fisheries;

(c)

criteria and procedures for evaluating the results obtained
each year.

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

4.
Each year, FSM shall allocate the percentage of the single
financial contribution referred to in paragraph 1 with a view to
implementing the multiannual programme. For the first year of
application of this 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, FSM shall notify the European Commission of the
new allocation no later than 45 days before the anniversary date
of this Protocol.

5. The 18 % share of the single financial contribution provided
for in paragraph 1 shall be controlled by NORMA.

6. Where the annual evaluation of
the progress made in
implementing the multiannual sectoral programme so warrants,
the European Commission may ask for the share of the single
financial contribution referred to in Article 5(1) of this Protocol
to be reduced with a view to bringing the actual amount of
financial resources allocated to implementation of
the pro-
gramme into line with its results.

Article 6

Disputes — Suspension of implementation of this Protocol

1. 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 9 of the Agreement, in a special meeting if
necessary.

2. Without prejudice to Article 7 of this Protocol, implementa-
tion of this 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 of this Article have not resulted in an amicable
settlement.

3.
Suspension of implementation of this 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.

4.
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, implementation of
this 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 this
Protocol was suspended.

Article 7

Suspension of implementation of this Protocol on grounds
of non-payment

Subject to Article 9 of the Agreement, if the Community fails to
make the payments provided for in Article 2 of this Protocol, the
this Protocol may be suspended on the
implementation of
following terms:

(a) NORMA shall notify the European Commission of the non-
payment. The latter shall make the necessary verifications
and, where necessary, transmit the payment within no more
than 45 working days of
the
notification.

the date of receipt of

(b)

If no payment is made and non-payment is not adequately
justified within the period provided for in point (a), FSM

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shall be entitled to suspend the implementation of this
Protocol. They shall inform the European Commission of
such action forthwith.

(c)

Implementation of this Protocol shall resume as soon as the
payment concerned has been made.

Article 8

National laws and regulations

services, and the purchase of supplies, shall be governed by the
applicable national laws and regulations in FSM.

Article 9

Entry into force

The activities of vessels operating under this Protocol and the
the use of port
in particular transhipment,
Annex thereto,

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

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ANNEX

Conditions governing fishing activities by Community vessels in the FSM

CHAPTER I

APPLICATION FORMALITIES AND ISSUE OF LICENCES

SECTION 1

Issue of licences

1.

2.

3.

4.

5.

Only authorised vessels may obtain a licence to fish in the Exclusive Economic Zone of the Federated States of
Micronesia (FSM EEZ).

For a vessel to be authorised, the owner and the master must have fulfilled all prior obligations arising from their
fishing activities in the Federated States of Micronesia (FSM) under the Agreement. The vessel itself must be in good
standing on the Regional Register and Vessel Monitoring System Register.

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

The European Commission shall present to the Executive Director of the National Oceanic Resource Management
Authority (Executive Director) via the Delegation of the European Commission responsible for FSM (hereinafter the
Delegation), an application for each vessel wishing to fish under the Agreement at least 30 days before the beginning
of the requested term of validity.

Applications shall be submitted to the Executive Director on the appropriate forms as drawn up in accordance with
the specimen in Appendix 1a in case of first licence application and 1b in case of licence renewal.

6.

All licence applications shall be accompanied by the following documents:

(a)

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

(b)

(c)

(d)

a copy of the tonnage certificate, certified by the flag Member State, giving the tonnage of the vessel expressed in
gross registered tonnage (GRT) or gross tonnage (GT);

a recent, certified colour photograph, of at least 15 cm × 10 cm, showing a side view of the vessel in its current
state;

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

(e)

a certificate of good standing on the Regional Register and Regional VMS Register;

(f)

a copy of the certificate of insurance in English valid for the duration of the licence;

(g)

an application fee or proof of payment of EUR 250 per vessel;

(h)

an observer contribution fee of EUR 500.

All the fees shall be paid into the account named in Article 2(7) of the Protocol.

The fees shall include all national and local charges except for port taxes, service charges and transhipment fees.

Licences for all vessels shall be issued to ship owners or their agents via the Delegation within 30 working days of
receipt of all the documents referred to in point 6 by the Executive Director.

7.

8.

9.

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10.

If a licence is signed at a time when the Delegation offices are closed, it shall be sent direct to the vessel's agent — and
a copy shall be sent to the Delegation.

11.

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

12. At the request of the Community and where force majeure is proven, a vessel's licence shall be replaced by a new licence
for another vessel whose features are similar to those of the first vessel, with no further fee due. The total catch by
both vessels concerned will be taken into account when the level of catches by Community vessels is taken into
consideration to determine if any additional payments are to be made by the Community according to Article 2(3) of
the Protocol.

13.

The owner of the first vessel, or the agent, shall return the licence to be cancelled to the Executive Director via the
Delegation.

14.

The new licence shall take effect on the day the Executive Director issues the licence. The Delegation in the FSM shall
be informed of the new licence.

15.

The licence must be kept on board at all times, prominently displayed in its wheelhouse, without prejudice to point 1
of Chapter IX of this Annex. For a reasonable period of time after issuance of the licence, not to exceed 45 days, and
pending receipt by the vessel of the original licence, a facsimile, or other documentation approved by the Executive
Director, of the actual and valid original licence shall constitute sufficient evidence of a valid licence for the purpose of
surveillance, monitoring and enforcement of this Agreement.

SECTION 2

Licence conditions — Fees and advance payments

1.

2.

3.

4.

Licences shall be valid for one year. They may be renewable. Renewal of licences shall be subject to the number of
available fishing possibilities established by the Protocol.

The fee shall be EUR 35 per tonne caught within the FSM EEZ.

Licences shall be issued once the following standard amounts have been paid to the account named in Article 2(7) of
the Protocol:

(a)

(b)

EUR 15 000 per tuna seiner vessel, equivalent to the fees due for 428 tonnes of tuna and tuna-like species
caught per year;

EUR 4 200 per surface long-liner, equivalent to the fees due for 120 tonnes of tuna and tuna-like species caught
per year.

The final statement of the fees due for the fishing year shall be drawn up by the European Commission by 30 June
each year for the amounts caught during the year before and on the basis of the catch declarations made by each ship
owner. The data should be confirmed by the scientific institutes responsible for verifying catch data of the Community
(Institut de Recherche pour le Development (IRD), the Instituto Español de Oceanografía (IEO) or the Instituto
Portugues de Investigaçao Maritima (IPIMAR)) and by the Secretariat of the Pacific Community (SPC). On the basis of
those confirmed statement of catches figures the Commission shall establish a statement of the fees due in respect of
each licence period, calculated on the basis of EUR 35 per ton caught.

5.

The fee statement drawn up by the Commission shall be transmitted to the Executive Director for verification and
approval.

The National Oceanic Resource Management Authority (NORMA) may question the fee statement within 30 days
from the invoice of the statement and, in case of disagreement, request the call of the Joint Committee.

If no objections are raised within 30 days from the invoice of the statement, the fee statement is considered to be
accepted by FSM.

The final fee statement shall simultaneously be notified without delay to the Executive Director, to the Delegation, to
the SPC and to the shipowners via their national administrations.

Any additional payments shall be made by the shipowners to the FSM within 45 days from notification of the
confirmed final statement into the account named in Article 2(7) of the Protocol.

6.

7.

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8.

However, if the amount of the final statement is lower than the advance referred to in point 3 of this Section, the
resulting balance shall not be reimbursable to the shipowner.

CHAPTER II

FISHING ZONES AND FISHING ACTIVITIES

1.

2.

3.

The vessels referred to in Article 1 of the Protocol shall be authorised to engage in fishing activities within FSM EEZ,
except in the territorial waters and named banks as depicted in charts: DMAHTC NO 81019 (2nd ed. March 1945;
revised 7/17/72, corrected through NM 3/78 of June 21, 1978, DMAHTC NO. 81023 (3rd ed. Aug. 7 1976) and
DMAHATC NO. 81002 (4th ed. Jan. 26, 1980 corrected through NM 4/48). The Executive Director shall communicate
to the Commission any modification to the said closed areas at least two months before their application.

In any case, all fishing shall not be permitted within two nautical miles radius of any anchored fish-aggregating device
of the Government of the FSM, or any other citizen or entity for which notification of its location shall be given by
geographical coordinates and 1 nautical mile from any submerged reef as depicted in the charts in paragraph 1 above.

Only fishing for tuna and tuna-like species shall be permitted by purse seine and longline vessels. Any incidental by-
catch of a species of fish other than tuna shall be reported to NORMA.

4.

No bottom fishing or coral fishing is permitted within the FSM EEZ.

5.

6.

7.

Community vessels shall be required to stow all fishing gear whenever such vessels are within the internal waters of
each State, the Territorial Sea or within one mile of submerged reefs.

Community vessels shall conduct all fishing activities in a manner which will not disrupt traditional, local-based
fisheries, and shall release all turtles, marine mammals and reef fish in a manner which will provide this miscellaneous
catch with the greatest chance of survival.

Community vessels, their masters and operators shall conduct all fishing activities in a manner which will not disrupt
the fishing operations of other fishing vessels and shall not interfere with the fishing gear of other fishing vessels.

8.

Community vessels fishing in the FSM EEZ shall not tranship their catch at sea under any circumstances.

CHAPTER III

CATCH REPORTING ARRANGEMENTS

1.

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

(a)

either the period elapsing between entering and leaving FSM EEZ;

(b)

or the period elapsing between entering FSM EEZ and a transhipment;

(c)

or the period elapsing between entering FSM EEZ and a landing in the FSM port.

2.

All Community vessels authorised to fish in the waters of FSM under the Agreement shall be obliged to communicate
their catches to the Executive Director in the following manner:

(a)

(b)

declarations shall include the catches made by the vessel during each trip. They shall be transmitted to the
Executive Director by electronic means, with a copy to the Delegation, at the end of each trip and, in all cases,
before the vessel leaves FSM EEZ. Electronic receipts shall be sent at once to the vessel by both addressees, with a
copy to the other;

the original of the declarations sent electronically during the annual period of validity of the licence within the
meaning of point 2(a) above shall be transmitted on a physical medium to the Executive Director within 45 days
following the end of the last trip made during the said period. Hard copies shall be sent to the European
Commission at the same time;

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(c)

(d)

(e)

(f)

Community vessels shall declare their catches on the corresponding catch report forms, as provided in
Appendix 2a or 2b, as appropriate. The words ‘Outside Federated States of Micronesia EEZ’ shall be entered in
the abovementioned catch report in respect of periods during which the vessel is not in the waters of FSM;

on the catch report form the Community vessels shall be required to report the date, time and position of the
vessel for each set made by the vessel as well as full and complete information as to the catch for each set. If no
sets were made by a vessel for a particular day, or if a set is made and no fish are caught, the vessel shall be
required to report this information on the daily catch report form. On days when no fishing operations are
conducted, before midnight local time of that day, the vessel must record on the catch report form the fact that
no operations were conducted;

each Community vessel shall make the daily catch reports immediately available for inspection by enforcement
officers and other individuals and entities authorised by NORMA;

for incidental by-catch of species other than tuna, the Community vessels shall report the species of fish taken
and the size and quantity of each species by weight or number, as specified in the catch report form whether the
catch is kept on board the vessel or was returned to the sea;

(g)

the catch report forms shall be filled in legibly on a daily basis and signed by the master of the ship.

3. Where the provisions set out in this chapter are not complied with, FSM reserves the right to suspend the licence of
the offending vessel until formalities have been completed and to apply the penalty laid down in applicable FSM laws
and regulations. The European Commission shall be informed thereof.

CHAPTER IV

EMBARKING SEAMEN

1.

2.

3.

4.

5.

6.

7.

Each Community vessel fishing under the Agreement shall undertake to employ at least one FSM national as a crew
member. Condition of service for FSM nationals should be as standard for the industry in the FSM.

In case a Community vessel is not in the condition to employ one FSM national as a crew member and for reasons
other than that referred to in point 8 below, ship owners shall be obliged to pay a lump sum equivalent to the wages of
two crew members for the duration of the fishing season in the FSM EEZ. That sum shall be used for the training of
seamen/fishermen in FSM and shall be paid into the Account named in Article 2(7) of the Protocol.

Shipowners shall be free to select the seamen they take on board their vessels from the names on a list submitted by
the Executive Director.

The shipowner or agent shall inform the Executive Director of the names of FSM seamen taken on board the vessel
concerned, mentioning their position in the crew.

The International Labour Organisation (ILO) Declaration on Fundamental Principles and Rights at Work shall apply as
of right to seamen signed on by Community 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.

FSM 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 Executive
Director. These contracts shall guarantee the seamen the social security cover applicable to them, including life
insurance and sickness and accident insurance.

FSM seamen's wages shall be paid by the shipowners. They shall be fixed, before licences are issued, by mutual
agreement between the shipowners or their agents and the Executive Director. However, the wage conditions granted
to FSM seamen shall not be lower than those applied to FSM crews and shall under no circumstances be below ILO
standards.

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8.

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,
shipowners shall be automatically absolved of their obligation to take the seaman on board. The Executive Director
shall be promptly notified of the payment.

CHAPTER V

TECHNICAL SPECIFICATIONS

The Community vessels shall comply with the measures taken by the FSM and by the Parties to the Palau Arrangement
regarding fishing gear and the technical specifications thereof and all other technical measures applicable to their fishing
activities.

CHAPTER VI

OBSERVERS

1.

2.

At the time of
lodging a licence application, each Community vessel concerned shall contribute an observer
placement fee as specified in Section 1(6)(h) of Chapter I of this Annex into the account named in Article 2(7) of the
Protocol, specifically for the observer's programme.

Community vessels authorised to fish in the FSM EEZ under the Agreement shall take on board observers appointed
by NORMA on the terms set out below:

(a)

(b)

(c)

the Executive Director shall determine each year the scope of the programme for observation on board on the
basis of the number of vessels authorised to fish in the waters under its jurisdiction and the state of the
resources targeted by those vessels. It shall determine accordingly the number or percentage of vessels by
category of fishery which shall be required to take an observer on board;

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

the Executive Director shall inform the shipowners concerned, or their agents, of his intentions to take on board
an appointed observer on their vessels at the time the licence is issued, or no later than 15 days before the
observer's planned embarkation date and whose name shall be notified as soon as possible.

3.

The time spent on board by observers shall be fixed by the Executive Director but, as a general rule, it should not
exceed the time required to carry out their duties. The Executive Director 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.

4. Within two weeks and giving 10 days' notice, the shipowners concerned shall make known at which FSM ports and

on what dates they intend to take observers on board.

5. 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 FSM on board leave the FSM EEZ, all measures must be taken to ensure the observer's
return to the FSM as soon as possible at the expense of the ship owner.

6.

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

7.

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

(a)

observe the fishing activities of the vessels;

(b)

verify the position of vessels engaged in fishing operations;

(c)

perform biological sampling in the context of scientific programmes;

(d)

note the fishing gear used;

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(e)

verify the catch data for FSM EEZ recorded in the catch report;

(f)

verify the percentages of by-catches and estimate the quantity of discards of species of marketable fin-fish,
crustaceans, cephalopods and marine mammals;

(g)

report fishing data once a week by radio, including the quantity of catches and by‑catches on board.

8.

Captains and masters shall permit authorised observers of the FSM to board the authorised vessels operating within
the FSM EEZ and shall do everything in their power to ensure the physical safety and welfare of observers during
performance of their duties:

(a)

(b)

(c)

(d)

the captain or master shall allow and assist such authorised observer to board the vessel for scientific,
monitoring, and other functions;

the captain or master shall assist the observer to have full access and to use facilities and equipment on board
the vessel, which the authorised observer may determine necessary to carry out the observer's duties;

observers shall have access to the bridge, fish on board and areas, which may be used to hold, process, weigh
and store fish;

observers may remove a reasonable number of samples and shall have full access to the vessel's records,
including its logs, catch reports, and documentation for the purpose of inspection and copying; and

(e)

observers shall be allowed to gather any other information relating to fisheries in the EEZ.

9. While on board, observers shall:

(a)

(b)

take all appropriate steps to ensure that their presence on the vessel does not interfere in the normal operation
of the vessel;

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

10. At the end of the observation period and before leaving the vessel, the observer shall draw up an activity report to be
signed in the presence of the master who may provide additional comments considered relevant, followed by the
master's signature. Copies of the report shall be provided to the master when the observer is put ashore and to the
Delegation.

11.

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

12.

The salary and social contributions of the observer shall be borne by the FSM Government.

CHAPTER VII

VESSEL IDENTIFICATION AND ENFORCEMENT

1.

2.

3.

4.

5.

For fisheries and marine safety purposes, every vessel shall be marked and identified in accordance with the Food and
Agricultural Organisation (FAO) approved standard specification for the marking and identification of fishing vessels.

The name of the vessel will be printed clearly in Latin characters on the bow and the stern of the vessel.

Any vessel not displaying its name and radio call sign or signal letters in the prescribed manner may be escorted to a
FSM port for further investigation.

A vessel operator shall ensure the continuous monitoring of the international distress and calling frequency (2 182)
kHz (HF), and/or the international safety and calling frequency (156,8) MHz (Channel 16, VHF-FM) to facilitate
communication with the fisheries management, surveillance and enforcement authorities of the FSM Government.

A vessel operator shall ensure that a recent and up to date copy of the International code of Signals (Interco) is on
board and accessible at all times.

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CHAPTER VIII

COMMUNICATION WITH PATROL VESSELS OF THE FEDERATED STATES OF MICRONESIA

Communication between the permitted vessels and the patrol vessels of the Government shall be made by international
signal codes as follows:

International Signal Code — Meaning:

L . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Stop immediately

SQ3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Stop or slow down, I wish to board your vessel

QN . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Lay your vessel along the starboard side of our vessel

QN1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Lay your vessel along the port side of our vessel

TD2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Are you a fishing vessel?

C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Yes

N . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No

QR . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . We cannot lay our vessel alongside your vessel

QP . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . We will lay our vessel alongside your vessel

CHAPTER IX

MONITORING

1.

The European Commission 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 FSM authorities responsible for fisheries inspection as soon as it is drawn
up and each time it is updated. The ship owner may then obtain a certified copy of this list to be kept on board instead
of the fishing licence until the licence has been issued.

2.

Entering and leaving the zone

(a)

Community vessels shall notify the Executive Director at least 24 hours in advance of their intention to enter
and immediately upon departure from the FSM EEZ. As soon as the vessels enter the FSM EEZ, they shall inform
the Executive Director by fax or e‑mail in accordance with the specimen provided in Appendix 3 or by radio.

(b) When notifying departure, vessels shall also communicate their position and the volume and species in catches
kept on board in accordance with the specimen provided in Appendix 3. These communications shall be made
preferably by fax, but failing this, in the case of vessels without a fax, by e-mail or by radio.

(c)

(d)

Vessels found to be fishing without having informed the Executive Director shall be regarded as vessels without a
licence.

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

3.

Control procedures

(a)

(b)

Captains or masters of Community vessels engaged in fishing activities in the FSM EEZ shall allow and facilitate
boarding and the discharge of their duties by any FSM authorised enforcement official responsible for the
inspection and control of fishing activities at any time within the FSM EEZ or the Territorial Waters or internal
waters of each State of the FSM.

Enforcement officials shall have full access to the vessel's records,
including its logs, catch reports,
documentation and any electronic device used for recording or storing data, and the captain or master of the
vessel shall permit such authorised officials to make notation on any permit issued by NORMA or other
documentation required under the Agreement.

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(c)

The captain or master shall immediately comply with all reasonable instructions given by the authorised
officials, and shall facilitate safe boarding, and facilitate the inspection of the vessel, gear, equipment, records,
fish and fish products.

(d)

The vessel's captain, master or crew shall not assault, obstruct, resist, delay, refuse boarding, intimidate, or
interfere with an authorised official in the performance of duties.

(e)

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

(f)

Once the inspection has been completed, a certificate shall be issued to the master of the vessel.

4.

Arrest of fishing vessels

(a)

(b)

The Executive Director shall inform the Delegation, within 48 hours, of all arrests and penalties imposed on
Community vessels in the FSM EEZ.

The Delegation shall at the same time receive a brief report of the circumstances and reasons leading to the
arrest.

5.

Statement of arrest

(a)

After the inspection officer has drawn up a statement, the master of the vessel shall sign it.

(b)

(c)

This signature shall not prejudice the rights of the master or any defence which he may make to the alleged
infringement.

The master shall take the vessel to a port designated by the inspection officer.
infringements, the Executive Director may authorise the boarded vessel to continue its fishing activities.

In the case of minor

6.

Consultation meeting in the event of arrest

(a)

Before any measures regarding the master or the crew of the vessel or any action regarding the cargo and
equipment of the vessel are considered, other than those to safeguard evidence relating to the presumed
infringement, a consultation meeting shall be held, within one working day of the receipt of the above
information, between the Delegation and the Executive Director, possibly attended by a representative of the
Member State concerned.

(b) At the meeting, the Parties shall exchange any relevant documentation or information helping to clarify the
circumstances of the established facts. The shipowner or its agent shall be informed of the outcome of the
meeting and of any measures resulting from the arrest.

7.

Settlement of arrest

(a)

(b)

(c)

(d)

Before any judicial procedure, an attempt shall be made to resolve the presumed infringement through a
compromise procedure. This procedure shall end no later than four working days after the arrest.

In the event of an amicable settlement, the amount of the fine shall be determined in accordance with FSM
legislation.

If the case cannot be settled by amicable procedure and has to be brought before a competent judicial body, a
bank security set to take account of the arrest costs and the fines and compensation payable by the parties
responsible for the infringement shall be paid by the ship owner into the account named in Article 2(7) of the
Protocol.

The bank security shall be irrevocable until the legal proceedings have been concluded. It shall be released once
legal proceedings end without a conviction. Similarly, in the event of a conviction leading to a fine of less than
the security lodged, the balance shall be released by the competent judicial body in charge of the legal
proceedings.

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(e)

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

1.

2.

once the obligations arising under the amicable settlement have been fulfilled; or

when the bank security referred to in point 7(c) has been lodged and accepted by the competent judicial
body, pending completion of the legal proceedings.

8.

Transhipment

(a)

Community vessels wishing to tranship catches in the waters of FSM shall do so within FSM designated ports.

(b)

(c)

(d)

The owners of such vessels must notify the following information to the Executive Director at least 48 hours in
advance in accordance to the specimen provided in Appendix 3(4).

Transhipment shall be considered as an exit from FSM EEZ. Vessels must therefore submit their catch
declarations to the Executive Director and state whether they intend to continue fishing or leave the FSM EEZ.

Any transhipment of catches not covered above shall be prohibited in the FSM EEZ. Any person infringing this
provision shall be liable to the penalties under the FSM laws.

9.

Bunkering

Where bunkering takes place during a voyage in the FSM, the Community vessels shall report such activity in
accordance with the specimen provided in Appendix 3(6).

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

CHAPTER X

VESSEL MONITORING SYSTEM

1.

Each Community vessel shall be required to comply with the regional Vessel Monitoring System (VMS) currently
applicable in the FSM EEZ. Each Community vessel shall have installed, maintained, and fully operational at all times
on board, an automatic location communicator (ALC). The vessel and the operator agree not to tamper with, remove
or have removed any ALC from the vessel after installation, except for the purposes of maintenance and repair as
required. The operator and each vessel shall be responsible for the purchase, maintenance and operational costs of the
ALC, and shall cooperate fully with NORMA in its utilisation.

2.

Point 1 above does not preclude the Parties from considering alternative VMS options.

CHAPTER XI

ENVIRONMENTAL RESPONSIBILITY

1.

2.

Community vessels recognise the need to preserve the fragile (marine) environmental conditions of the lagoons and
atolls of the FSM and the Community vessels shall not discharge any substance that is likely to cause damage to, or
deterioration in, the quality of marine resources.

Community vessels shall not discharge fish or by-catch into any port or give away fish or by‑catch to any persons or
entities without prior written authorisation by the appropriate authority in the affected FSM State and prior written
approval from NORMA.

CHAPTER XII

OPERATOR LIABILITY

1.

The operator shall ensure that its vessels are seaworthy and contain adequate life safety equipment and survival gear
for each passenger and member of the crew.

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2.

3.

For the protection of the FSM, its States, and the citizens and residents thereof, the operator shall maintain adequate
and complete insurance coverage on its vessel through an internationally recognised insurance carrier acceptable to
NORMA for all areas under the jurisdiction of the FSM, including areas within the lagoons and atolls, the Territorial
Sea, submerged reefs, and the EEZ as evidenced by the certificate of insurance referred to in Section 1(6)(f) of
Chapter 1 of this Annex.

In the event a Community vessel is involved in a maritime accident or incident in FSM waters (including internal
waters, the Territorial Sea and the EEZ), resulting in damages of any kind to the environment, to property or to any
person, the vessel and the operator shall immediately notify NORMA and the FSM Secretary of the Department of
Transportation, Communications and Infrastructure.

CHAPTER XIII

APPLICABLE LAWS, RULES AND REGULATIONS

The vessel and its operators shall strictly comply with this Annex and with the laws, rules, and regulations of the FSM and its
States and international treaties, conventions, and fisheries management agreements to which the FSM is a party. Failure to
comply strictly with this Annex and with the laws, rules, and regulations of the FSM and its States may result in substantial
fines and other civil and criminal penalties.

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Appendices

1.

Licence application forms

(a)

Fishing permit application and registration

(b)

Renewal permit application

2.

Catch report forms

(a)

Purse seine logsheet

(b)

Longline logsheet

3.

Report details

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Appendix 1a

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Appendix 1b

Appendix 2a

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Appendix 3

Reporting details

Report to NORMA

Fax: (691) 320-2383, E-mail: norma@mail.fm

1.

Reporting of entry to the FSM EEZ

24 hours prior to entering the FSM EEZ

(a)

Report code

ZENT

(b)

Vessel name

(c)

Permit number

(d) Date of entry (dd.mm.yy)

(e)

Time of entry (GMT)

(f)

Position of entry

(g)

Total catch on board

(i)

For purse seine, provide catch by weight by species:

Skipjack

Yellowfin

Others

(SKJ)____.____(mt)

(YFT)____.____(mt)

(OTH)____.____(mt)

(ii)

For longline, provide catch by number by species:

Yellowfin

Bigeye

Albacore

Shark

Others

(YFT)____.____(mt)

(BET)____.____(mt)

(ALB)____.____(mt)

(SHK)____.____(mt)

(OTH)____.____(mt)

e.g. ZENT/COSMOS/F031-EUCPS-00000-01/10-5-04/0635Z/1230N; 150E/SKJ: 200; YFT: 90; OTH: 50

2.

Reporting of departure from the FSM EEZ

Immediately upon leaving the fishery limits:

(a)

Report code

ZDEP

(b)

Vessel name

(c)

Permit number

(d) Date of departure (dd.mm.yy)

(e)

Time of departure (GMT)

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(f)

Position of departure

(g)

Total catch on board

(i)

For purse seine, provide catch by weight by species:

Skipjack

Yellowfin

Others

(SKJ)____.____(mt)

(YFT)____.____(mt)

(OTH)____.____(mt)

(ii)

For longline, provide catch by number by species:

Yellowfin

Bigeye

Albacore

Shark

(YFT)____.____(mt)

(BET)____.____(mt)

(ALB)____.____(mt)

(SHK)____.____(mt)

(h)

Total catch made in FSM EEZ by weight or by number (as appropriate) by species (like catch on board)

(i)

Total fishing days

e.g. ZDEP/COSMOS/F031-EUCPS-00000-01/20-5-04/0635Z/1300N; 145E/SKJ: 300; YFT: 130; OTH: 80/FSMEEZ;

SKJ: 100; YFT: 40; OTH: 30/10

3. Weekly position and catch reporting while within the FSM EEZ.

Every Wednesday at noon time while within the fishery limits after the entry report or the last weekly report in the
FSM EEZ.

(a)

Report code

WPCR

(b)

Vessel name

(c)

Permit number

(d) Date of weekly Position (dd.mm.yy)

(e)

Position of WPCR

(f)

Catch since last report

(i)

For purse seine, provide catch by weight by species:

Skipjack

Yellowfin

Others

(SKJ)____.____(mt)

(YFT)____.____(mt)

(OTH)____.____(mt)

(ii)

For longline, provide catch by number by species:

Yellowfin

Bigeye

Albacore

Shark

Others

(YFT)____.____(mt)

(BET)____.____(mt)

(ALB)____.____(mt)

(SHK)____.____(mt)

(OTH)____.____(mt)

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(g)

Number of fishing days during the week

e.g. WPCR/COSMOC/F031-EUCPS-00000-01/12-5-04/0530N; 14819E/SKJ: 200; YFT: 90; OTH: 50/10

4.

Port departure

Immediately after leaving port,

(a)

Report code

PDEP

(b)

Vessel name

(c)

Permit number

(d) Date of departure (dd.mm.yy)

(e)

Time of departure (GMT)

(f)

Port of departure

(g)

Total catch on board

(i)

For purse seine, provide catch by weight by species:

Skipjack

Yellowfin

Others

(SKJ)____.____(mt)

(YFT)____.____(mt)

(OTH)____.____(mt)

(ii)

For longline, provide catch by number by species:

Yellowfin

Bigeye

Albacore

Shark

Others

(YFT)____.____(mt)

(BET)____.____(mt)

(ALB)____.____(mt)

(SHK)____.____(mt)

(OTH)____.____(mt)

(h) Next destination Pohnpei

e.g.

PDEP/COSMOS/F031-EUCPS-00000-01/23-5-04/0635Z/Pohnpei/SKJ: 0; YFT: 0; OTH: 0

5.

Bunkering activity report

Immediately after refuelling from a licensed tanker.

(a)

Report code

(b)

Vessel name

BUNK

COSMOS

(c)

Permit number

F031-EUCPS-0000-01

(d)

Starting date and time of bunkering (GMT) DD-MM-YY: hhmm

(e)

Starting position of bunkering

(f)

Amount of fuel received in kl

(g)

Ending date and time of bunkering (GMT)

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(h)

Ending position of bunkering

(i)

Name of tanker

KIM

e.g. BUNK/COSMOS/F031-EUCPS-00000-01/10-5-04/0635Z/1230N; 150E/160/10-5-04/1130N; 145E/KIM

6.

Transshipment activity report

Immediately after transshipping at an authorised port in FSM to a licensed carrier vessel.

(a)

Report code

(b)

Vessel name

PNOT

COSMOS

(c)

Permit number

F031-EUCPS-0000-01

(d) Date of discharge

(DD-MM-YY)

(e)

Port of discharge

(f)

Transshipped catch

(i)

For purse seine, provide catch by weight by species:

Skipjack

Yellowfin

Others

(SKJ)____.____(mt)

(YFT)____.____(mt)

(OTH)____.____(mt)

(ii)

For longline, provide catch by number by species:

Yellowfin

Bigeye

Albacore

Shark

Others

(YFT)____._____(mt)

(BET)____._____(mt)

(ALB)____._____(mt)

(SHK)____._____(mt)

(OTH)____._____(mt)

(g)

Name of carrier

(h) Destination of catch

KIN

JAPAN

e.g.

PNOT/COSMOS/F031-EUCPS-00000-01/10-5-04/PAGO PAGO/SKJ: 200; YFT: 90; OTH: 50/KIN/JP