Proposal for a Council Decision on the conclusion of the Agreement in the form of an Exchange of Letters relating to the provisional application of the Protocol setting out, for the period from 16 September 2006 to 15 September 2012, the fishing opportunities and the financial contribution provided by the Fisheries Partnership Agreement between the European Community, on the one hand, and the Republic of Kiribati, on the other
Date: 2007-04-12
Institutions: European Commission
Subjects: Kiribati, catch quota, financial compensation of an agreement, fishing agreement, protocol to an agreement

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 12.4.2007 
COM(2007) 181 final 

Proposal for a  

COUNCIL DECISION 

on the conclusion of the Agreement in the form of an Exchange of Letters relating to the 
provisional application of the Protocol setting out, for the period from 16 September 
2006 to 15 September 2012, the fishing opportunities and the financial contribution 
provided by the Fisheries Partnership Agreement between the European Community, 
on the one hand, and the Republic of Kiribati, on the other 

(presented by the Commission) 

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EXPLANATORY MEMORANDUM 

The Community and the Republic of Kiribati have negotiated and initialled on 19 July 2006 a 
Fisheries  Partnership  Agreement  which  provides  Community  fishermen  with  fishing 
opportunities  in  the  Kiribati  fishing  zone.  This  Partnership  Agreement,  accompanied  by  a 
Protocol and the Annex thereto, has been signed for a period of six years from its entry into 
force and is renewable. On the date of its entry into force, this Agreement repeals and replaces 
the Agreement between the European Community and the Republic of Kiribati on fishing off 
the coast of Kiribati which entered into force on 16 September 2003. 

The Commission’s negotiating position was based in part on the results of an ex-post and ex-
ante evaluation carried out by external experts. 

The main objective of the new Partnership Agreement is  to strengthen cooperation between 
the  European  Community  and  the  Republic  of  Kiribati,  thereby  creating  a  framework  of 
partnership in which to develop a sustainable fisheries policy and responsible exploitation of 
fisheries resources in the Kiribati fishing zone, in the interests of both parties. The two Parties 
are  taking  part  in  a  political  dialogue  on  topics  of  mutual  interest  in  the  fisheries  sector. 
Within  this  new  Fisheries  Partnership  Agreement,  special  attention  will  be  given  to 
supporting the Fisheries policy of Kiribati. The two parties will agree on the priorities to be 
decided  upon  for  such  support  and  they  will  identify  the  objectives,  the  annual  and 
multiannual programming and the criteria to assess the results to be obtained, with a view to 
ensuring a sustainable and responsible management of the sector. 

The  financial  contribution  is  fixed  at  EUR 478  400  per  year.  Of  this  financial  contribution, 
30% shall be allocated the first year to the support and implementation of initiatives taken in 
the  context  of  the  sectoral  fisheries  policy  drawn  up  by  the  Government  of  Kiribati.  This 
percentage is fixed at 40% the second year and at 60% the year thereafter.  

As  regards  fishing  possibilities,  4  purse  seine  vessels  and  12  surface  long-liners  shall  be 
allowed  to  fish.  At  the  request  of  the  Community  and  depending  on  the  management 
decisions  of  the  Parties  to  the  Palau  Arrangement,  the  number  of  fishing  licences  for  purse 
seine  vessels  may  be  increased.  The  Protocol  fixes  a  reference  tonnage  of  6  400  tonnes  of 
tuna  per  year.  The  Protocol  also  establishes  that  the  allocation  of  fishing  possibilities  by 
Kiribati for EC vessels must be compatible with the management decisions to be taken, on a 
regional basis, by the Central West Pacific nations in the context of the Palau Arrangement 
for the Management of the Western Pacific Purse Seine Fishery. It is established that the EC 
fishing effort in Kiribati EEZ will have to be in line with appropriate tuna stock assessments 
based  on  scientific  criteria,  including  the  scientific  overviews  conducted  yearly  by  the 
Secretariat of the Pacific Community (SPC). 

The Partnership Agreement also provides for encouraging economic, scientific and technical 
cooperation in the fisheries sector and related sectors. 

The Commission proposes on this basis that the Council adopt by Decision the Agreement on 
form of an exchange of letters on the provisional application of the Protocol setting out, for 
the period from 16 September 2006 to 15 September 2012, the fishing opportunities and the 
financial contribution provided by the Agreement between the European Community and the 
Republic of Kiribati, on fishing off Kiribati. 

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A proposal for a Council Regulation concerning the conclusion of this new Fisheries Partnership 
Agreement 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 relating to the 
provisional application of the Protocol setting out, for the period from 16 September 
2006 to 15 September 2012, the fishing opportunities and the financial contribution 
provided by the Fisheries Partnership Agreement between the European Community, 
on the one hand, and the Republic of Kiribati, on the other 

THE COUNCIL OF THE EUROPEAN UNION, 

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

Having regard to the proposal from the Commission1, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

(5) 

(6) 

 The Community has negotiated with the Republic of Kiribati a Fisheries Partnership 
Agreement providing Community vessels with fishing opportunities in the waters over 
which Kiribati has sovereignty or jurisdiction in respect of fisheries. 

As a result of those negotiations a new Fisheries Partnership Agreement was initialled 
on 19 July 2006 

The Agreement on fisheries between the European Community on the one hand, and 
the Government of Kiribati, on the other, is repealed by the new Fisheries Partnership 
Agreement 

In order to guarantee the continuation of fishing activities by Community vessels, it is 
essential  that  the  new  Fisheries  Partnership  Agreement  is  applied  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 
to the new Fisheries Partnership Agreement from 16 September 2006.  

It  is  in  the  interest  of  the  Community  to  approve  the  Agreement  in  the  form  of  an 
exchange of letters. 

The method for allocating the fishing opportunities among the Member States should 
be defined, 

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HAS DECIDED AS FOLLOWS: 

Article 1 

The Agreement in the form of an Exchange of Letters relating to the provisional application 
of the Protocol setting out, for the period from 16 September 2006 to 15 September 2012, the 
fishing  opportunities  and  the  financial  contribution  provided  by  the  Fisheries  Partnership 
Agreement between the European Community, on the one hand, and the Republic of Kiribati, 
on the other, is hereby approved on behalf of the Community. 

The text of the Agreement in the form of Exchange of Letters is attached to this Decision. 

Article 2 

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

- 

purse seine vessels   France: 

27% of available licences 

Spain: 

73% of available licences 

- 

long-liners: 

Spain: 

6 vessels 

Portugal: 

6 vessels 

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

Article 3 

The  Member  States  whose  vessels  fish  under  this  Agreement  referred  to  in  Article  1  shall 
notify the Commission of the quantities of each stock caught within the Kiribati fishing zone 
in  accordance  with  Commission  Regulation  (EC)  No  500/2001  of  14  March  2001  laying 
down  detailed  rules  for  the  application  of  Council  Regulation  (EEC)  No  2847/93  on  the 
monitoring of catches taken by Community fishing vessels in third country waters and on the 
high seas2. 

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. 

Article 4 

2 

OJ L 73, 15.3.2001, p. 8. 

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Done at Brussels, 

For the Council 
The President 

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ANNEX  

Agreement in the form of an Exchange of Letters relating to the provisional application 
of the Protocol setting out, for the period from 16 September 2006 to 15 September 
2012, the fishing opportunities and the financial contribution provided by the Fisheries 
Partnership Agreement between the European Community, on the one hand, and the 
Republic of Kiribati, on the other 

A. 

Letter of the Government of Kiribati  

Sir,  

With reference to the Protocol initialled on 19 July 2006, setting out, for the period from 16 
September  2006  to  15  September  2012,  the  fishing  opportunities  and  the  financial 
contribution, I have the honour to inform you that the Government of the Republic of Kiribati 
is willing to apply the Protocol provisionally from 16 September 2006 pending its entry into 
force  in  accordance  with  Article  13  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 June 2007. 

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

Please accept, Sir, the assurance of my highest consideration 

For the Government the Republic of Kiribati 

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B. 

Letter of the European 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 19 July 2006, setting out, for the period from 16 
September  2006  to  15  September  2012,  the  fishing  opportunities  and  the  financial 
contribution, I have the honour to inform you that the Government of the Republic of Kiribati 
is willing to apply the Protocol provisionally from 16 September 2006 pending its entry into 
force  in  accordance  with  Article  13  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, shall be paid before 30 June 2007. 

I should be grateful if you would confirm the agreement of the European Community to such 
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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KIRIBATI 

FISHERIES PARTNERSHIP AGREEMENT 
between the European Community, on the one hand, and the Republic of Kiribati, on 
the other 

THE EUROPEAN COMMUNITY, hereinafter referred to as “the Community”, and 

The Republic of Kiribati  hereinafter referred to as “Kiribati”, hereinafter referred to as “the 
parties”, 

CONSIDERING  the  close  working  relationship  between  the  Community  and  Kiribati, 
particularly in the context of the Cotonou Agreement, and their mutual desire to intensify that 
relationship, 

CONSIDERING  the  desire  of  the  two  parties  to  promote  the  sustainable  exploitation  of 
fisheries resources by means of cooperation, 

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

RECOGNISING  that  Kiribati  exercises  its  sovereign  rights  or  jurisdiction  over  a  zone 
extending up to 200 nautical miles from the baselines in accordance with the United Nations 
Convention on the Law of the Sea, 

AWARE  of  the  importance  of  the  principles  established  by  the  Code  of  conduct  for 
responsible fisheries adopted at the FAO Conference in 1995, 

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

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

INTENDING, to these ends, to commence a dialogue on the sectoral fisheries policy adopted 
by  the  Government  of  Kiribati  and  to  identify  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  Kiribati  waters  and  Community  support  for  the  introduction  of 
responsible fishing in those waters, 

RESOLVED  to  pursue  closer  economic  cooperation  in  the  fishing  industry  and  related 
activities  through  the  setting  up  and  development  of  joint  enterprises  involving  companies 
from both parties, 

HEREBY AGREE AS FOLLOWS: 

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Article 1 – Scope 

This Agreement establishes the principles, rules and procedures governing: 

(a) 

(b) 

(c) 

economic, financial, technical and scientific cooperation in the fisheries sector with a 
view to promoting responsible fishing in Kiribati waters to ensure the conservation 
and sustainable exploitation of fisheries resources and develop the Kiribati fisheries 
sector; 

the conditions governing access by Community fishing vessels to Kiribati waters; 

cooperation on the arrangements for policing fisheries in Kiribati waters with a view 
to ensuring that the above rules and conditions are complied with, that the measures 
for  the  conservation  and  management  of  fish  stocks  are  effective  and  that  illegal, 
unreported and unregulated fishing (IUU fishing) is prevented; 

(d) 

partnerships  between  companies  aimed  at  developing  economic  activities  in  the 
fisheries sector and related activities, in the common interest. 

For the purposes of this Agreement: 

Article 2 – Definitions 

(a) 

(b) 

(c) 

(d) 

(e) 

(f) 

(g) 

(h) 

“Kiribati authorities” means the Government of Kiribati;  

“Community authorities” means the European Commission;  

“Kiribati  waters”  means  the  waters  over  which  Kiribati  has  sovereignty  or 
jurisdiction; 

"Fishing"  means  the  actual  or  attempted  fishing,  catching,  taking,  killing  or 
harvesting of fish, and include any other activity which may reasonably be expected 
to result in the fishing or attempted fishing or catching, taking, killing or harvesting 
of  fish,  or  any  operation  in  support  of  or  in  preparation  of  any  of  the  foregoing 
activity. 

“fishing vessel” means any vessel used or adapted for use for fishing commercially 
and including crafts, support vessels, helicopters and light aircrafts used in fisheries 
operations; 

“Community vessel” means a fishing vessel flying the flag of a Member State of the 
Community and registered in the Community;  

“joint enterprise” means a commercial company set up in Kiribati by vessel owners 
or  national  enterprises  from  the  parties  in  order  to  engage  in  fishing  or  related 
activities;  

“Joint Committee” means a committee made up of representatives of the Community 
and Kiribati whose functions are described in Article 9 of this Agreement; 

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(i) 

(j) 

(k) 

1. 

2. 

3. 

4. 

5. 

1. 

2. 

“transhipment” means the transfer in port of some or all of the catch from one fishing 
vessel to another fishing vessel; 

“shipowner”  means  any  person  legally  responsible  for  a  fishing  vessel  who  is  in 
charge of and controls it; 

“ACP seamen” means any seamen who are nationals of a non-European signatory to 
the Cotonou Agreement. To this end, a Kiribati seaman is an ACP seaman. 

Article 3 – Principles and objectives underlying 
the implementation of this Agreement 

The parties hereby undertake to promote responsible fishing in Kiribati waters on the 
basis  of  the  principles  laid  down  in  the  FAO’s  Code  of  conduct  for  responsible 
fisheries and the principle of non-discrimination between the different fleets fishing 
in  those  waters  without  prejudice  to  agreements  concluded  between  developing 
countries within a geographical region, including reciprocal fisheries agreements. 

The  parties  shall  cooperate  with  a  view  to  monitoring  the  results  of  the 
implementation of a sectoral fisheries policy adopted by the Government of Kiribati 
and shall initiate a policy dialogue on the necessary reforms. They shall consult with 
a view to adopting potential measures in this area.  

The parties shall also cooperate in carrying out evaluations of measures, programmes 
and  actions  implemented  on  the  basis  of  this  Agreement.  The  results  of  the 
evaluations shall be analysed by the Joint Committee provided for in Article 9. 

The  parties  hereby  undertake  to  ensure  that  this  Agreement  is  implemented  in 
accordance with the principles of good economic and social governance, respecting 
the state of fish stocks. 

The employment of Kiribati and/or ACP seamen on board Community vessels shall 
be  governed  by  the  International  Labour  Organisation  (ILO)  Declaration  on 
Fundamental  Principles  and  Rights  at  Work,  which  shall  apply  as  of  right  to  the 
corresponding  contracts  and  general  terms  of  employment.  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. 

Article 4 – Scientific cooperation 

During  the  period  covered  by  this  Agreement,  the  Community  and  Kiribati  shall 
monitor the state of resources in the Kiribati fishing zone.  

Based  on  the  best  available  scientific  advice,  the  Parties  shall  consult  each  other 
within  the  Joint  Committee  provided  for  in  Article  9  and,  where  necessary  and  by 
mutual agreement, take measures to ensure the sustainable management of fisheries 
resources. 

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3. 

1. 

2. 

3. 

4. 

1. 

2. 

1. 

The  Parties  shall  consult  each  other,  either  directly  or  within  the  regional  and 
international organisations concerned, to ensure the management and conservation of 
highly migratory resources in the region, and to cooperate in  the relevant scientific 
research. 

Article 5 – Access by Community vessels 
to the fisheries in Kiribati waters 

Kiribati undertakes to authorise Community vessels to engage in fishing activities in 
its  fishing  zone  in  accordance  with  this  Agreement,  including  the  Protocol  and 
Annex thereto. 

The  fishing  activities  governed  by  this  Agreement  shall  be  subject  to  the  laws  and 
regulations in force in Kiribati. The Kiribati authorities shall notify the Commission 
of any amendments to that legislation and to any other legislation which may have an 
impact on fishing legislation. 

Kiribati  shall  assume  responsibility  for  the  effective  application  of  the  fisheries 
monitoring  provisions  in  the  Protocol.  Community  vessels  shall  cooperate  with  the 
Kiribati authorities responsible for carrying out such monitoring. The steps taken by 
Kiribati  to  regulate  fishing  in  the  interest  of  the  conservation  of  fishery  resources 
shall  be  based  on  objective  and  scientific  criteria,  including  the  precautionary 
approach. They shall apply without discrimination both to Community, Kiribati and 
foreign  vessels,  without  prejudice  to  agreements  concluded  between  developing 
countries  within  a  single  geographical  region,  including  reciprocal  fisheries 
agreements 

The Community undertakes to take all the appropriate steps required to ensure that 
its vessels comply with this Agreement and the legislation governing fisheries in the 
waters over which Kiribati has jurisdiction. 

Article 6 – Licences 

Community  vessels  may  fish  in  the  Kiribati  fishing  zone  only  if  they  have  a  valid 
fishing licence issued under this Agreement. 

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

Article 7 – Financial contribution 

The Community shall grant Kiribati a financial contribution in accordance with the 
terms and conditions laid down in the Protocol and Annexes. This single contribution 
shall be composed of two related elements, namely: 

(a) 

access by Community vessels to Kiribati fisheries, and 

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2. 

3. 

1. 

2. 

3. 

4. 

(b) 

the  Community’s  financial  support  for  promoting  responsible  fishing  and  the 
sustainable exploitation of fisheries resources in Kiribati waters. 

The component of the financial contribution referred to in the above paragraph 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 drawn up by the Government of Kiribati and an annual 
and multiannual programme for its implementation. 

The  financial  contribution  granted  by  the  Community  shall  be  paid  each  year  in 
accordance with the Protocol and subject to this Agreement and the Protocol in the 
event of any change to the amount of the contribution as a result of: 

(a) 

(b) 

(c) 

(d) 

unusual  circumstances,  other  than  natural  phenomena,  preventing  fishing 
activities in Kiribati waters; 

a reduction in the fishing opportunities granted to Community vessels, made by 
mutual  agreement  for  the  purposes  of  managing  the  stocks  concerned,  where 
this is considered necessary for the conservation and sustainable exploitation of 
resources on the basis of the best available scientific advice; 

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; 

a reassessment of the terms of Community financial support for implementing 
a sectoral fisheries policy in Kiribati, where this is warranted by the results of 
the annual and multiannual programming observed by both parties; 

(e) 

termination of this Agreement under Article 12. 

(f) 

suspension of the application of this Agreement under Article 13. 

Article 8 – Promoting cooperation 
among economic operators and in civil society 

The  parties  shall  encourage  economic,  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. 

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

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.  

The  parties  shall  undertake  to  implement  an  action  plan  between  Kiribati  and 
Community  operators,  with  the  aim  of  developing  local  landings  of  Community 
vessels. 

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5. 

The parties shall encourage, in particular, the setting-up of joint enterprises in their 
mutual  interest  which  shall  systematically  comply  with  Kiribati  and  Community 
legislation. 

Article 9 – Joint Committee 

1. 

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

(a)  monitoring  the  performance,  interpretation  and  application  of  this  Agreement 
and,  in  particular,  the  definition  of  the  annual  and  multiannual  programming 
referred to in Article 7(2) and evaluation of its implementation;  

(b)  providing  the  necessary  liaison  for  matters  of  mutual  interest  relating  to 

fisheries;  

(c) 

(d) 

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

reassessing,  where  necessary, 
consequently, of the financial contribution; 

the 

level  of  fishing  opportunities  and, 

(e) 

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

2. 

The  Joint  Committee  shall  meet  in  principle  once  a  year,  alternately  in  the 
Community and in Kiribati or in other location agreed between parties, 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 10 – Geographical area to which the Agreement applies 

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, to the territory of Kiribati. 

Article 11 – Duration 

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

Article 12 – Termination 

1. 

This  Agreement  may  be  terminated  by  either  party  in  the  event  of  unusual 
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. 

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2. 

3. 

4. 

1. 

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

Dispatch  of  the  notification  referred  to  in  the  previous  paragraph  shall  open 
consultations by the parties. 

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. 

Article 13 – Suspension 

Application  of  this  Agreement  may  be  suspended  at  the  initiative  of  one  of  the 
parties in the event of a serious disagreement as to the application of provisions laid 
down in the Agreement. Suspension of application of the Agreement 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. On receipt of this notification, the parties 
shall enter into consultations with a view to resolving their differences amicably. 

2. 

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

Article 14 – Protocol and Annex 

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

Article 15 – National Law 

The  activities  of  Community  vessels  operating  in  Kiribati  waters  shall  be  governed  by  the 
applicable law in the Kiribati, unless otherwise provided in this Agreement, the Protocol and 
the Annex and appendices thereto. 

Article 16 – Review clause 

During the third year of application of this Agreement, the parties may review the provisions 
of the Agreement, and where necessary, make amendments.  

Article 17 – Repeal 

This  Agreement,  on  the  date  of  its  entry  into  force,  repeals  and  replaces  the  Agreement 
between  the  European  Community  and  the  Republic  of  Kiribati  on  fishing  off  the  coast  of 
Kiribati of the 16 September 2003. 

Article 18 – Entry into force 

This  Agreement,  drawn  up  in  duplicate  in  the  Czech,  Estonian,  Danish,  Dutch,  English, 
Finnish,  French,  German,  Greek,  Hungarian,  Italian,  Latvian,  Lithuanian,  Maltese,  Polish, 

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Portuguese,  Slovak,  Slovenian,  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 procedures have been completed 

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Protocol setting out the fishing opportunities and financial contribution provided for in 
the Fisheries Partnership Agreement between the European Community and the 
Republic of Kiribati on fishing off the coast of Kiribati for the period from 16 
September 2006 to 15 September 2012 

1. 

2. 

3. 

4. 

5. 

1. 

Article 1 
Period of application and fishing opportunities 

Kiribati  shall  grant  annual  fishing  licences  to  Community  tuna  fishing  vessels 
pursuant  to  Article  6  of  the  Agreement  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”. 

For  a  period  of  six  years  starting  on  16  September  2006,  the  fishing  opportunities 
granted under Article 5 of the Agreement shall be as follows: 

Highly  migratory  species  (species  listed  in  Annex  1  to  the  1982  United  Nations 
Convention) 

- 

- 

purse seine vessels: 4 vessels;  

longliners: 12 vessels. 

Starting from the second year of application of the Protocol and without prejudice to 
Articles  9(d)  of  the  Agreement  and  4  of  the  Protocol,  at  the  request  of  the 
Community, the number of fishing licences for purse seine vessels granted in Article 
1(2) of the Protocol may be increased, 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. 

Paragraph 1,2,3 shall apply subject to Articles 4 and 5 of this Protocol. 

Community  vessels  may  fish  in  Kiribati  waters  only  if  they  are  in  possession  of  a 
valid fishing licence issued under this Protocol in accordance with the Annex to this 
Protocol. 

Article 2 
Financial contribution – Methods of payment 

The financial contribution referred to in Article 7 of the Agreement shall comprise, 
for the period referred to in Article 1, an annual amount of EUR 416.000 equivalent 
to a reference tonnage of 6400 tonnes per year and a specific amount of EUR 62.400 
per year for the support and implementation of initiatives taken in the context of the 
Kiribati sectoral fisheries policy. This specific amount shall be an integral part of the 
single financial contribution defined in Article 7 of the Agreement. 

2. 

Paragraph 1 shall apply subject to Articles 4, 5 and 7 of this Protocol. 

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3. 

4. 

5. 

6. 

7. 

8. 

1. 

2. 

3. 

The  Community  shall  pay  the  sum  of  the  amounts  referred  to  in  paragraph  1, 
EUR 478.400 each year during the period of application of this Protocol. 

If  the  overall  quantity  of  catches  by  Community  vessels  in  Kiribati  waters  exceeds 
6.400 tonnes per year as provided in the Art. 2.1. of the Protocol, the amount of the 
financial  contribution,  as  provided  in  the  Art.  2.1.  of  the  Protocol,  (EUR  416.000) 
shall  be  increased  by  EUR65  for  each  additional  tonne  caught.  However,  the  total 
annual  amount  paid  by  the  Community  shall  not  be  more  than  twice  the  amount 
indicated in paragraph 3 (EUR 956.800). Where the quantities caught by Community 
vessels  exceed  the  quantities  corresponding  to  twice  the  total  annual  amount,  the 
amount due for the quantity exceeding that limit shall be paid the following year.  

Payment  of  the  financial  contribution  referred  to  in  paragraph  1  shall  be  made  no 
later than 30 June 2007 for the first year and no later than 30 June 2008, 2009, 2010, 
2011 and 2012 for the following years. 

Subject  to  Article  7,  the  Kiribati  authorities  shall  have  full  discretion  regarding  the 
use to which this financial contribution is put. 

The share of the financial contribution indicated in Article 7(1) of this Protocol shall 
be paid into the Kiribati Government account No 4 with the ANZ Bank of Kiribati, 
Ltd,  Betio,  Tarawa  ("Fisheries  Development  Fund")  opened  for  the  Kiribati 
Government  by  the  Ministry  of  Finance.  The  remaining  share  of  the  financial 
contribution shall be paid into the Kiribati Government account No 1 with the ANZ 
Bank  of  Kiribati,  Ltd,  Betio,  Tarawa  opened  for  the  Kiribati  Government  by  the 
Ministry of Finance.  

The  financial  contribution  concerning  the  measures  set  out  in  the  Art.  5  of  the 
previous protocol which have not been paid at its expiring date shall be paid under 
the present protocol. 

Article 3 
Cooperation on responsible fishing – Annual scientific meeting 

The parties hereby undertake to promote responsible fishing in Kiribati waters on the 
basis  of  the  principles  laid  down  in  the  FAO’s  Code  of  conduct  for  responsible 
fisheries and the principle of non-discrimination between the different fleets fishing 
in those waters. 

During  the  period  covered  by  this  Protocol,  the  Community  and  the  Kiribati 
authorities shall monitor the state of resources in the Kiribati fishing zone. 

In accordance with Article 4 of the Agreement, the parties, 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, shall consult 
each  other  within  the  Joint  Committee  provided  for  in  Article  9  where  appropriate 
after  a  scientific  meeting.  Kiribati  may,  in  agreement  with  the  Community,  take 
measures to ensure the sustainable management of fisheries resources concerning the 
activities of Community vessels. 

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1. 

2. 

3. 

1. 

2. 

3. 

4. 

Article 4 
Review of fishing opportunities by mutual agreement 

The  fishing  opportunities  referred  to  in  Article  1  may  be  increased  by  mutual 
agreement  provided  that  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 increase will not endanger 
the  sustainable  management  of  Kiribati  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). Where the quantities caught by Community vessels exceed twice the quantities 
corresponding to the adjusted total annual amount, the amount due for the quantity 
exceeding that limit shall be paid the following year. 

Conversely,  if  the  parties  agree  to  adopt  a  reduction  in  the  fishing  opportunities 
provided for in Article 1, the financial contribution shall be reduced proportionately 
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 recommendations made by the scientific meeting referred to in 
Article  3  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 
Non tuna fishing opportunities 

Should Community vessels be interested in fishing activities which are not indicated 
in Article 1, the parties shall consult each other before any authorisation is granted by 
the Kiribati authorities. Where appropriate, the parties shall agree on the conditions 
applicable to these new fishing opportunities and, if necessary, make amendments to 
this Protocol and to the Annex.  

At the request of one of the parties, they shall consult each other and determine on a 
case-by-case  basis  the  relevant  species,  conditions  and  other  parameters  for 
conducting exploratory fishing in Kiribati waters.  

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

If the parties conclude that the exploratory campaigns have achieved positive results, 
the Kiribati Government may allocate fishing opportunities for the new species to the 
Community  fleet,  until  the  expiry  of  this  Protocol.  The  financial  compensation 
referred to in Article 2(1) of the current Protocol shall consequently be increased. 

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1. 

2. 

3. 

1. 

2. 

Article 6 
Suspension and review of the payment of the financial contribution 
on grounds of force majeure 

Where  unusual  circumstances,  other  than  natural  phenomena,  prevent  fishing 
activities in the Kiribati exclusive economic zone (EEZ), the European Community 
may  suspend  payment  of  the  financial  contribution  provided  for  in  Article  2(1), 
following  consultations  between  the  two  parties  within  a  period  of  two  months 
following  the  request  of  one  of  the  parties,  and  provided  that  the  Community  has 
paid in full any amounts due at the time of suspension. 

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/or  that  the  situation  allows  a  resumption  of 
fishing activities. 

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

Article 7 
Promotion of responsible fishing in Kiribati waters 

30%  of  the  total  amount  of  the  financial  contribution  fixed  in  Article 2  shall  be 
allocated the first year to the support and implementation of initiatives taken in the 
context of the sectoral fisheries policy drawn up by the Government of Kiribati. This 
percentage is fixed at 40% the second year and at 60% the year thereafter. 

Kiribati shall manage the corresponding amount in the light of objectives identified 
by  mutual  agreement  between  the  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  Kiribati  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  and  its  specific  amounts  for  the 
initiatives to be carried out in 2007; 

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

(c) 

criteria and procedures for evaluating the results obtained each year. 

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3. 

4. 

5. 

1. 

2. 

3. 

4. 

Any  proposed  amendments  to  the  multiannual  sectoral  programme  or  of  the  use  of 
the specific amounts for the initiatives to be carried out in 2007 must be approved by 
both parties within the Joint Committee.  

Each year, Kiribati shall allocate the share corresponding to the percentage 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 of application of the Protocol thereafter, Kiribati 
shall  notify  the  Community  of  the  allocation  no  later  than  1st  March  of  the  year 
concerned. 

Where the annual evaluation of the progress made in implementing the multiannual 
sectoral programme so warrants, the European Community may ask for the financial 
contribution referred to in Article 2(1) of this Protocol to be readjusted 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  9  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 two 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 6, if the Community fails to make the payments provided for in Article 2, 
application of this Protocol may be suspended on the following terms: 

(a) 

The competent Kiribati authorities shall notify the European Commission of the non-
payment.  The  latter  shall  make  the  necessary  verifications  and,  where  necessary, 

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transmit the payment within no more than 60 working days of the date of receipt of 
the notification. 

(b) 

If no payment is made and non-payment is not adequately justified within the period 
provided for in Article 2(6) of this Protocol, the competent Kiribati authorities shall 
be  entitled  to  suspend  application  of  the  Protocol.  They  shall  inform  the  European 
Commission of such action forthwith. 

(c) 

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

Article 10 
National law 

The activities of Community vessels operating in Kiribati waters under this Protocol shall be 
governed by the applicable law in Kiribati, unless otherwise provided in the Agreement, this 
Protocol and the Annex and appendices hereto. 

Article 11 
Review clause 

During the third year of application of this Protocol, its Annex and its appendices, the parties 
may  review  the  provisions  of  the  Protocol,  the  Annex  and  the  appendices  and,  where 
necessary, make amendments. 

Article 12 
Repeal 

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

Article 13 
Entry into force 

1. 

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

2. 

It shall apply with effect from 16 September 2006. 

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ANNEX 

CONDITIONS GOVERNING FISHING ACTIVITIES BY COMMUNITY VESSELS 
IN THE KIRIBATI FISHING ZONE 

CHAPTER I - REGISTRATION AND LICENCES 

Section 1  
Registration 

Fishing by Community vessels within the Kiribati fishing zone shall be subject to the 
issuance of a registration number by the Kiribati competent authorities. 

Applications for registration shall be made on the form provided for that purpose by 
the  Kiribati  authorities  responsible  for  fisheries,  in  accordance  with  the  specimen 
given in Appendix I. 

Registration shall be contingent upon the receipt of a 15cm by 20 cm photograph of 
the applying vessel and the payment of EUR 600 per vessels as registration fee to be 
paid into the Kiribati Government account No1 in accordance with the Article 2 (8) 
of the Protocol, cleared of any deductions. 

Section 2 
Licences 

Only eligible vessels may obtain a licence to fish in the Kiribati fishing zone under 
the Protocol setting out the fishing opportunities and financial contribution provided 
for  in  the  Fisheries  Partnership  Agreement  between  the  European  Community  and 
the Republic of Kiribati on fishing off the coast of Kiribati for the period from the 
date that the agreement enters into force to 15 September 2012. 

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

All Community vessels applying for a fishing licence may be represented by an agent 
resident in Kiribati. The name and address of that agent shall be stated in the licence 
application.  However,  any  vessel  applying  for  a  fishing  licence  which  provides  for 
unloading or transhipment in a Kiribati port must be represented by an agent resident 
in Kiribati. 

The  relevant  Community  authorities  shall  present  to  the  Ministry  responsible  for 
fisheries  in  Kiribati  an  application  for  each  vessel  wishing  to  fish  under  the 
Agreement  at  least  15  days  before  the  date  of  commencement  of  the  period  of 
validity requested.  

Applications  shall  be  submitted  to  the  Ministry  responsible  for  fisheries  in  Kiribati 
on a form drawn up in accordance with the specimen in Appendix I. 

1. 

2. 

3. 

1. 

2. 

3. 

4. 

5. 

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6. 

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 Kiribati Government account No 1 in accordance with 
Article 2(8) of the Protocol, clear of any deductions. 

The fees shall include all national and local charges. However, the payment of these 
fees shall not include port taxes, transhipment fees and service charges.  

Licences  for  all  vessels  shall  be  issued  to  shipowners  or  their  agents  via  the 
Delegation  of  the  Commission  of  the  European  Communities  to  Kiribati  (“the 
Delegation”) within 15 days of receipt of all the documents referred to in point 6 by 
the Ministry responsible for fisheries in Kiribati. 

If a licence is signed at a time when the Delegation offices are closed, it may be sent, 
where appropriate, direct to the vessel’s agent and a copy sent to the Delegation. 

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 by a new licence for another vessel of the 
same category as the first vessel, with no further fee due. In this case, the calculation 
of the catch levels to determine whether an additional payment should be made shall 
take account of the sum of the total catches of the two vessels.  

The owner of the first vessel, or the agent, shall return  the cancelled licence to the 
competent Kiribati authorities via the Delegation. 

The  new  licence  shall  take  effect  on  the  day  that  the  vessel’s  owner  returns  the 
cancelled licence to the Ministry responsible for fisheries in Kiribati. The Delegation 
shall be informed of the licence transfer. 

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

Section 3 
Validity and fees 

Licences shall be valid for a period of one year. They shall be renewable. 

The fee shall be EUR 35 per tonne caught within the Kiribati fishing zone in the case 
of tuna seiners and surface longliners. 

7. 

8. 

9. 

10. 

11. 

12. 

13. 

14. 

15. 

1. 

2. 

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3. 

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

4. 

5. 

6. 

7. 

1. 

- 

- 

EUR 21.000 per tuna seiner equivalent to the fees due for 600 tonnes of highly 
migratory species and associated species caught per year; 

EUR  4.200  per surface longliner equivalent to the fees due for 120 tonnes of 
highly migratory species and associated species caught per year; 

The final statement of the fees due for year n shall be drawn up by the Commission 
of the European Communities by 30 June of the year n + 1 at the latest on the basis 
of  the  catch  declarations  made  by  each  shipowner  and  confirmed  by  the  scientific 
institutes  responsible  for  verifying  catch  data  in  the  Member  States,  such  as  the 
Institut  de  Recherche  pour  le  Développement  (IRD),  the  Instituto  Español  de 
Oceanografía (IE), the Instituto de Investigação das Pescas e do Mar (IPIMAR) and 
by the Secretariat of the Pacific community (SPC).  

The  statement  shall  simultaneously  be  notified  to  the  Ministry  responsible  for 
fisheries  in  Kiribati  and  the  shipowners  for  checking  and  approval.  The  Kiribati 
authorities  may,  on  the  basis  of  duly  justified  arguments  within  no  more  than  30 
working  days  of  the  date  of  transmission,  contest  the  statement.  In  the  event  of 
disagreement, the Joint Committee shall be consulted. If no objection is made in the 
given deadline the statement shall be accepted.  

Any additional payments shall be made by the shipowners to the competent Kiribati 
authorities  by  30  September  of  the  following  year  at  the  latest,  into  the  Kiribati 
Government account No 1 in accordance with Article 2(8) of the Protocol, cleared of 
any deductions..  

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 

The  vessels  shall  be  authorised  to  engage  in  fishing  activities  within  the  Kiribati 
fishing zone except in such areas as are designated as closed areas indicated by the 
chart 83005-FLC, in accordance with the Fisheries Ordinance (Cap. 33) and Marine 
Zone (Declaration) Act of the Government of Kiribati. Kiribati shall communicate to 
the  Commission  any  modification  to  the  said  fishing  zones  at  least  two  months 
before their application.  

2. 

In any case, fishing shall not be permitted in the following areas: 

- 

- 

within the twelve nautical miles from the base lines; 

within  3  nautical  miles  of  any  anchored  fish-aggregating  device  for  which 
notification of its location shall be given by geographical coordinates. 

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3. 

As regards purse seine vessels in particular, fishing is prohibited within 60 nautical 
miles from the baselines of the islands of Tarawa, Kanton and Kiritimati; 

CHAPTER III – CATCH REPORTING ARRANGEMENTS AND LANDINGS 
DECLARATIONS 

1. 

Captains shall provide the Director of Fisheries with information relating to the time, 
position  of,  and  catch  on  board  of  the  licensed  fishing  vessel  in  the  manner  as 
described in Appendix IV by fax or e-mail on the following occasions: 

- 

- 

- 

- 

- 

at  least  24  hours  prior  to  entering  the  Kiribati  fishing  zone  and  immediately 
upon departure from the fishing zone; 

every Tuesday while within the Kiribati fishing zone after the entry report or 
the last weekly report; 

at least 48 hours prior to the estimated time of entry into any port of Kiribati 
and immediately upon port departure ; 

immediately after transhipping the catch to a licensed reefer carrier, and; 

at least 24 hours prior to refuelling from a licensed bunkering vessel. 

This  information  should  be  communicated  by  facsimile  (686)  21120  /  22287  or  e-
mail to the following address: flue@mfmrd.gov.ki 

2. 

3. 

A vessel found to be fishing without having informed the Director of Fisheries shall 
be regarded as not in compliance with Kiribati national legislation. 

During  an  annual  period  of  validity  of  the  licence  declarations  shall  include  the 
catches made by the vessel during each trip in the WCPFC area. A new trip starts as 
from each transhipment or landing of catches in the WCPFC area. 

3.1.  Vessels shall declare their catches on the corresponding sheet in the logsheet, 
in  accordance  with  the  specimen  in  Appendix  III  A  and  III  B.  The  words 
“Outside  Kiribati  EEZ”  or  the  name  of  the  corresponding  EEZ  of  another 
relevant  coastal  State 
the 
abovementioned logbook in respect of periods during which the vessel is not in 
Kiribati waters. 

the  WCPFC  area  shall  be  entered 

in 

in 

4. 

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

- 

- 

- 

either  the  period  elapsing  between  entering  and  leaving  the  Kiribati  fishing 
zone; 

or  the  period  elapsing  between  entering  the  Kiribati  fishing  zone  and  a 
transhipment; 

or the period elapsing between entering the Kiribati fishing zone and a landing 
in Kiribati. 

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5. 

6. 

7. 

8. 

All vessels authorised to fish in Kiribati waters under the Agreement shall be obliged 
to communicate their catches to the Ministry responsible for fisheries in Kiribati so 
that  it  can  check  the  quantities  caught,  which  shall  be  validated  by  the  competent 
scientific  institutes  in  accordance  with  the  procedure  referred  to  in  paragraph  4  of 
Section 3 of Chapter I of this Annex. Catches shall be communicated as follows: 

- 

- 

The  original  logsheet  shall  be  submitted  to  the  local  competent  Kiribati 
authorities  or  be  transmitted  by  registered  mail  or  courier  to  the  Ministry 
responsible for fisheries in Kiribati within 45 days following the end of the last 
trip made during the period. Copies shall be sent at the same time by electronic 
means  or  by  fax  to  the  flag  Member  State  and  the  Ministry  responsible  for 
fisheries in Kiribati. 

The forms shall be filled in legibly in block capitals, and signed by the master 
of the vessel or their legal representative. 

Where the provisions set out in this Chapter are not complied with, the Government 
of  Kiribati  reserves  the  right  to  suspend  the  licence  of  the  offending  vessel  until 
formalities  have  been  completed  and  to  apply  the  penalty  laid  down  in  current 
Kiribati legislation. 

The  Director  of  Fisheries  and  the  shipowners  shall  keep  a  copy  of  fax 
communications  or  e-mail  messages  until  both  parties  have  agreed  to  the  final 
statement of fees due referred to in Chapter 1. 

The shipowners of purse seine vessels shall provide copy of the landing receipt after 
completion of every fishing trip that took place totally or in part within the Kiribati 
fishing zone. If this provision is not complied with, the Director of Fisheries reserves 
the  right  to  suspend  the  licence  of  the  offending  vessel  until  these  formalities  have 
been carried out and to apply the penalties provided for under Kiribati's national law. 

CHAPTER IV – EMBARKING SEAMEN 

1. 

Owners of tuna vessels and surface longliners shall employ ACP nationals, including 
Kiribati nationals, subject to the following conditions and limits: 

- 

- 

for the fleet of tuna seiners, at least six ACP seamen shall be signed on during 
the tuna-fishing season in the Kiribati fishing zone, 

for the fleet of surface longliners, at least four ACP seamen shall be signed on 
during the fishing season in the Kiribati fishing zone, 

Shipowners shall endeavour to take on board additional Kiribati seamen. 

Shipowners shall be free to select the seamen they take on board their vessels from 
the  names  on  lists  submitted  by  the  competent  authorities  of  the  ACP  countries 
concerned, including Kiribati. 

Where contracts have been signed with Kiribati nationals, in accordance with point 1 
of this Article, the shipowner or agent shall inform the competent Kiribati authorities 

2. 

3. 

4. 

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5. 

6. 

7. 

8. 

9. 

of  the  names  of  the  local  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 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. 

The  employment  contracts  of  Kiribati  seamen,  in  accordance  with  point  1  of  this 
Article, shall be drawn up between the shipowners’ agent(s) and the seamen and/or 
their  trade  unions  or  representatives  in  consultation  with  the  Kiribati  maritime 
authority.  A  copy  shall  be  given  to  the  signatories.  These  contracts  shall  guarantee 
the seamen the social security cover, applicable to them, including life assurance and 
sickness and accident insurance.  

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 
authorities of the ACP country concerned. However, the wage conditions granted to 
local seamen shall not be lower than those applied to Kiribati crews and shall under 
no circumstances be below ILO standards. 

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. 

However,  where  no  ACP  seamen  are  taken  on  board  for  reasons  other  than  that 
referred to in the previous point, Community shipowners shall be obliged to pay, for 
each day of the fishing trip in the waters of the ACP country concerned, a flat-rate 
amount of EUR 20 per day. The payment of this amount shall take place within the 
limits laid down in point I.2.6 of this Annex. Upon its entry into the Kiribati EEZ, 
Community shipowners will notify the number of ACP seamen on board. 

10. 

This sum shall be used for training local seamen and shall be paid into the account 
specified by the authorities of the ACP country concerned.  

CHAPTER V – TECHNICAL MEASURES 

Vessels shall comply with the measures and recommendations adopted by WCPFC 
in  the  region  regarding  fishing  gear  and  the  technical  specifications  thereof  and  all 
other technical measures applicable to their fishing activities. 

CHAPTER VI – OBSERVERS 

1. 

At  the  moment  of  the  vessel  registration,  all  Community  vessels  shall  contribute 
EUR  400  to  a  "Fisheries  Observers  Project  Fund"  to  be  paid  into  the  Kiribati 
Government account No 4 in accordance with Article 2 (8) of the Protocol, cleared of 
any deductions. 

EN 

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2. 

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

- 

- 

- 

At  the  request  of  the  WCPFC  Community  vessels  shall  take  on  board  an 
observer  designated  by  the  organisation  in  order  to  check  catches  made  in 
Kiribati waters. 

The WCPFC 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  WCPFC  shall  inform  the  shipowners  concerned,  or  their  agents,  of  the 
name of the observer appointed to be taken on board their vessel at the time the 
licence  is  issued,  or  no  later  than  15  days  before  the  observer’s  planned 
embarkation date. 

The  time  spent  on  board  by  observers  shall  be  one  fishing  trip.  However,  at  the 
express  request  of  the  WCPFC,  this  embarkation  may  be  spread  over  several  trips 
according to the average duration of trip for a particular vessel. This request shall be 
made by the competent WCPFC when the name of the observer appointed to board 
the vessel in question is notified. 

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

Observers shall be taken on board at a port chosen by the shipowner at the beginning 
of  the  first  voyage  in  Kiribati  waters  after  notification  of  the  list  of  designated 
vessels.  

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

Where observers are taken on board in a port outside the subregion, their travel costs 
shall be borne by the shipowner. Should a vessel with a regional observer on board 
leave regional waters, all measures must be taken to ensure the observer’s return 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. 

3. 

4. 

5. 

6. 

7. 

8. 

9. 

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; 

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29 

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- 

- 

- 

- 

note the fishing gear used; 

verify the catch data for Kiribati waters recorded in the logbook; 

verify  the  percentages  of  by-catches  and  estimate  the  quantity  of  discards  of 
species of marketable fin-fish; 

report fishing data by any appropriate means once a week while the vessel is 
fishing in Kiribati waters, including the quantity of catches and by-catches on 
board. 

10. 

11. 

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

As far as possible, observers 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. 

12. 

While on board, observers shall: 

13. 

14. 

15. 

16. 

- 

- 

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 WCPFC, with a copy to the master 
of the vessel. 

Shipowners shall bear the cost of accommodating observers in the same conditions 
as the officers, within the confines of the practical possibilities offered by the vessel. 

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

The  two  parties  shall  consult  each  other,  and  interested  third  parties,  as  soon  as 
possible as regards the definition of a system of regional observers and the choice of 
the  competent  regional  fisheries  organisation.  Pending  the  implementation  of  a 
system of regional observers, vessels authorised to fish in Kiribati waters under the 
Agreement  shall  take  on  board,  instead  of  regional  observers,  observers  designated 
by the competent Kiribati authorities in accordance with the rules set out above. 

CHAPTER VII – MONITORING 

1. 

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 
Kiribati authorities responsible for fisheries inspection as soon as it is drawn up and 
each time it is updated.  

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2. 

Entering and leaving the zone: 

- 

Community  vessels  shall  notify,  at  least  three  hours  in  advance,  the  Kiribati 
authorities  responsible  for  fisheries  inspection  of  their  intention  to  enter  or 
leave  the  Kiribati  fishing  zone,  as  described  in  Appendix  IV.  They  shall  also 
declare the total quantities and the species on board. 

-  When  notifying  leaving,  vessels  shall  also  communicate  their  position.  This 
information  should  preferably  be  communicated  by  fax  or,  for  vessels  not 
equipped with a fax, by radio and by e-mail. 

- 

- 

Vessels  found  to  be  fishing  without  having  informed  the  competent  Kiribati 
authority shall be regarded as vessels in breach of the legislation. 

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

3. 

Control procedures 

- 

- 

- 

Masters of Community fishing vessels engaged in fishing activities in Kiribati 
waters shall allow and facilitate boarding and the discharge of their duties by 
any  Kiribati  official  responsible  for  the  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  the  inspection  has  been  completed,  a  certificate  shall  be  issued  to  the 
master of the vessel. 

4. 

Marking of vessels 

Community vessels shall display external markings in accordance with FAO rules. 

5. 

Satellite monitoring 

All  Community  vessels  fishing  under  this  Agreement  shall  be  subject  to  satellite 
monitoring in accordance with Appendix V. These provisions shall enter into force 
on  the  tenth  day  following  notification  by  the  Government  of  Kiribati  to  the 
Delegation of the entry into operation of the body responsible for satellite monitoring 
of Kiribati fishing vessels. 

6. 

Boarding 

- 

- 

The competent Kiribati authorities shall inform the flag State and the European 
Commission, within no more than 24 hours, of all infringements and penalties 
imposed on Community vessels in Kiribati waters. 

The flag State and the European Commission shall at the same time receive a 
brief  report  of  the  circumstances  and  reasons  leading  to  the  boarding  during 
which an infringement was cited. 

EN 

31 

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7. 

Statement of boarding 

- 

- 

- 

After the competent Kiribati authorities have drawn up a statement, the master 
of the vessel shall sign it. 

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 the port indicated by the Kiribati authorities. 
In  the  case  of  minor  infringements,  the  competent  Kiribati  authorities  may 
authorise the boarded vessel to continue its fishing activities. 

8. 

Settlement of boarding 

- 

- 

- 

- 

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  five  working  days  after  the  entry  into  port  pursuant  the 
boarding. 

In  the  event  of  an  amicable  settlement,  the  amount  of  the  fine  shall  be 
determined in accordance with Kiribati 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 
boarding  costs  and  the  fines  and  compensation  payable  by  the  parties 
responsible  for  the  infringement  shall  be  paid  by  the  shipowner  into  a  bank 
account specified by the competent Kiribati authorities. 

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  Kiribati 
authorities. 

- 

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

- 

- 

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

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

9. 

Transhipment 

- 

- 

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

The owners of such vessels must notify the information in accordance with the 
Appendix IV to the competent Kiribati authorities at least 48 hours in advance: 

EN 

32 

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- 

- 

Transhipment  shall  be  considered  as  an  exit  from  the  Kiribati  fishing  zone. 
Vessels  must  therefore  submit  their  logsheets  to  the  competent  Kiribati 
authorities  and  state  whether  they  intend  to  continue  fishing  or  leave  the 
Kiribati fishing zone, in accordance with Appendix III A and III B. 

Any transhipment of catches in the Kiribati fishing zone or not covered above 
is prohibited in the Kiribati fishing zone. Any person infringing this provision 
shall be liable to the penalties provided for by Kiribati law. 

10. 

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

APPENDICES 

I. REPUBLIC OF KIRIBATI REGISTER OF FISHING VESSEL APPLICATION FORM 

II. APPLICATION FORM FOR A FISHING LICENCE 

III A. SOUTH PACIFIC REGIONAL PURSE-SEINE LOGSHEET 

III B. SOUTH PACIFIC REGIONAL LONGLINE LOGSHEET 

IV. REPORTING DETAILS 

V. VMS PROTOCOL 

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33 

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Republic of Kiribati Register of Fishing Vessel Application Form 

APPENDIX I 

Fisheries Licence & Enforcement Unit, 

PO. Box 64, Bairiki, 

Republic of Kiribati 

Tel:(686) 21099 

Fax: (686) 21120 

E-mail:flue@mfmrd.gov.ki 

INSTRUCTIONS: 

•  Underline surname. 

•  Address means complete mailing address. 

•  Clearly mark X where appropriate; if not typed, print clearly. 

•  All units Metric; specify units if other systems used. 

•  Affix a recent 6 X 8 inch colour side photo of the vessel to this application. 

•  Affix a recent passport size colour portrait photo of the Fishing Master (Fish Captain) 

The Director of Fisheries, 

I hereby apply for registration of a vessel on the National Fisheries Register. 

Name of vessel ________________________________Apply Date _____ / __ /___  

(dd/mm/yy) 

If this vessel was registered before, specify: 

Old vessel name ________________________________ Old call sign ________________________  

Old registration number ________________________________________  

Vessel Owner: 

Vessel Operator: 

Name __________________________________________ Name _______________________________  

Address ________________________________________ Address _____________________________  

________________________________________ 

__________________________ 

________________________________________ 

__________________________ 

Tel. ___________________________________________ Tel._________________________________  

Fax. ___________________________________________ Fax _________________________________  

Country of Registration_________________________________________________________________  

Country of Registration Number__________________________________________________________  

International Radio Call sign ____________________________________________________________  

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34 

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Onboard Telephone No____________________________ Onboard Telex No _____________________  

Home Port ___________________________________ Country ________________________________  

Operational Base(s): 

Port 1__________________________________________ Country1 ____________________________  

Port 2__________________________________________ Country 2 ____________________________  

Vessel Master: 

Fishing Master (Fish Captain): 

Name ________________________________________Name  

Date of Birth _______ / _____ /____ Date of Birth 

/ _ / ____________  

(dd/mm/yy) 

(dd/mm/yy) 

Social Security No. _______________________________ Social Security No. ____________________  

Nationality______________________________________ Nationality___________________________  

Residence Address _______________________________ Residence Address ____________________  

________________________________________ 

_____________________________ 

Vessel Type: 

Single Purse 

Group Purse Seiner 

Purse Seine Carrier 

Support Craft 

 

 

 

 

Seiner Longliner 

Pole and Liner 

Longline Reefer 

Bunker 

 

 

 

 

If other, specify_______________________________________________ 

Usual Number of Crew____________ 

State(s) of Authorised Area of Operation __________________________________ 

Hull Material : 

Steel 

 

Wood 

 

FRP   

Aluminium 

 

If other, specify_______________________________________________________ 

Year Built ______________________________________ Place Built ___________________________ 

Gross Tonnage __________________________________ Overall Length________________________ 

Main Engine(s) Power (specify units)________________________________________ 

Maximum Fuel Carrying Capacity ______________________________ Kilolitres/Gallons 

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35 

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Daily Freezing Capacity (more than one, if appropriate): 

Method 

Capacity 

Temperature 

Brine (NaCl) 

Brine (CaCl) 

Air (Blast) 

Air (Coils) 

Br 

CB 

BF 

RC 

Metric tons/day 

(C) 

____________  ___________ 

____________  ___________ 

____________  ___________ 

____________  ___________ 

If other, specify: 

________ 

____________ 

___________ 

Storage Capacity (more than one, if appropriate): 

Method 

Ice 

Refrigerated Sea Water 

Brine (NaCl) 

Brine (CaCl) 

Air (Coils) 

Complete either A, B, or C below as appropriate. 

A. For Purse Seine Vessels: 

IC 

RW 

BR 

CB 

RC 

Capacity 

Temperature 

Cubic Meters 

(C) 

_____________ 

____________ 

_____________ 

____________ 

_____________ 

____________ 

_____________ 

____________ 

_____________ 

____________ 

Helicopter Reg. No. ______________________________ Helicopter Model_______________________  

Net Length (metres) ______________________________ Net Depth (metres) _____________________  

Power Block Net Pull ______________________________________ Kilos 

Purse Winch Bare Drum Line Pull ____________________________ Metres per minute 

Doppler Current Meter Present? 

Y  /  N 

(please circle your response) 

Bird Radar Present? 

Y  /  N 

(please circle your response) 

Number of Wells: 

Stern________________ 

Storage Capacity _________St/Mt 

Bow________________ 

Storage Capacity __________St/Mt 

Support Craft: 

Skiff Length_______________ 

Metre/Feet Power of Engine _________HP/PS 

Speed Boat 1 Length ________ 

Metre/Feet Power of Engine _________HP/PS 

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36 

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Speed Boat 2 Length_________ 

Metre/Feet Power of Engine _________HP/PS 

Speed Boat 3 Length ________ 

Metre/Feet Power of Engine _________HP/PS 

B. For Longline Vessels: 

Maximum Number of Baskets _________________ 

Main Line Length in Km 

Maximum Number of Hooks __________________ 

Main Line Material __________________________ 

Line Shooter Present? 

Y  /  N 

(please circle your response) 

C. For Support Craft: 

Activities (more than one, if appropriate) 

Light Boat 

Anchor Boat 

 

 

Scouting Boat 

Aircraft 

 

 

If other, specify ____________________________________________________________________  

Fishing Vessel(s) Supported __________________________________________________________  

________________________________________________________________________________  

I declare that the above information is true and complete. I understand, I am required to report within 30 days 
any changes to the above information, including the change in Vessel Master and Fish Captain during the period 
of registration. I further understand that failure to do so may affect good standing of my vessel on the Fishing 
Vessel Register. 

Applicant: 

Name _______________________________ Signature _______________________________________  

OWNER   

CHARTERER   

AUTHORISED AGENT_____ 

Address 

___________________________________________________________________________________  

___________________________________________________________________________________  

___________________________________________________________________________________  

Tel. No ________________________Fax. No._____________________E-mail. __________________  

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APPENDIX II 

1. 

2. 

3. 

4. 

5. 

6. 

7. 

8. 

9. 

10 

11. 

12. 

13. 

14. 

15. 

16. 

17. 

18. 

19. 

20. 

21. 

22. 

APPLICATION FORM FOR A FISHING LICENCE 

New application or renewal : 

Name of vessel and flag : .................................................................................................................  
..........................................................................................................................................................  

Period of validity : from..........................................................to .....................................................  

Name of shipowner: .........................................................................................................................  
..........................................................................................................................................................  

Address of shipowner:......................................................................................................................  
..........................................................................................................................................................  
..........................................................................................................................................................  

Name and address of charterer (if different from 4 and 5):..............................................................  
..........................................................................................................................................................  

Name and address of official representative in Kiribati:..................................................................  
..........................................................................................................................................................  

Name of the captain of the vessel.....................................................................................................  

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

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

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

Port and country of registration :......................................................................................................  

Overall length and breadth of vessel : ..............................................................................................  

Gross and net tonnage : ....................................................................................................................  

Make and power of main engine : ....................................................................................................  

Freezer capacity (t/d) : .....................................................................................................................  

Hold capacity (m³) : .........................................................................................................................  

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

Other communications equipment (telex, fax) : ...............................................................................  

Fishing applicants : ..........................................................................................................................  
..........................................................................................................................................................  

Number of crew broken down by nationality :.................................................................................  
..........................................................................................................................................................  

Number of fishing licence (in the case of a renewal, attach licence) : .............................................  
..........................................................................................................................................................  

I, the undersigned,................................................, certify that the above information is correct and undertake to 
comply therewith. 

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

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

(Stamp and signature of shipowner) 

(Date) 

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NAME OF VESSEL 

FISHING PERMIT OR LICENCE NUMBER(S) 

SOUTH PACIFIC REGIONAL PURSE-SEINE LOGSHEET 

APPENDIX III A 

PAGE_____________OF _____________ 

YEAR 

NAME OF FISHING COMPANY 

FFA 
NUMBER 

REGIONAL 

REGISTER 

NAME OF AGENT IN PORT OF UNLOADING 

PORT OF DEPARTURE 

PORT OF UNLOADING 

COUNTRY OF REGISTRATION 

FFA TYPE APPROVED ALC (Y/N)? 

NUMBER OF FADS USED 

TENDER VESSELS USED ?(Y/N) 

DATE 
DEPARTURE 

AND 

TIME 

OF 

DATE AND TIME OF ARRIVAL IN PORT 

REGISTRATION NUMBER IN COUNTRY OF REGISTRATION 

INTERNATIONAL  RADIO  CALL 
SIGN 

• 
• 

ALL DATES AND TIMES MUST BE UTC/GMT 
ALL WEIGHTS MUST BE METRIC TONNES 

AMOUNT  OF  FISH  ONBOARD 
AT START OF TRIP 

AMOUNT OF FISH ONBOARD AFTER UNLOADING 

01.00 UTC OR SET POSITION 

RETAINED CATCH 

DISCARDS 

MONTH 

DAY 

ACTIVITY 
CODE 

LATITUDE 
DDMM.MMM 

N 

S 

LONGITUDE 
DDMM.MMM 

E 

W 

SCHOOL 
ASSOC 
CODE 

SET 
START 
TIME 

SKIPJACK 
WEIGHT 

YELLOWFIN 
WEIGHT 

BIGEYE  

WEIGHT 

OTHER SPECIES 

TUNA SPECIES 

OTHER SPECIES 

NAME  

WEIGHT 

WELL 
NUMBERS NAME 

WEIGHT 

CODE 

NAME 

NUMBER 

WEIGHT 

EN 

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EN 

 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
ACTIVITY CODES 
• 
• 

RECORD ALL SETS 
IF NO FISHING SET MADE IN A DAY  

SCHOOL ASSOCIATION CODES 

1 UNASSOCIATED 

RECORD THE MAIN ACTIVITY FOR  

2 FEEDING ON BAITFISH 

THAT DAY 

1 FISHING SET 

2 SEARCHING 

3 TRANSIT 

4 NO FISHING – BREAKDOWN 

5 NO FISHING – BAD WEATHER 

6 IN PORT – SPECIFY 

7 NET CLEANING SET 

3 DRIFTING LOG, DEBRIS OR  

  DEAD ANIMAL 

4 DRIFTING RAFT, FAD OR PAYAO 

5 ANCHORED RAFT, FAD OR PAYAO 

6 LIVE WHALE 

7 LIVE WHALE SHARK 

8 OTHER 

TUNA DISCARD CODES 

10 DEPLOYING OR RETRIEVING RAFT, 

1 FISH TOO SMALL 

FAD OR PAYAO  

2 FISH DAMAGED 

3 VESSEL FULLY LOADED 

4 OTHER REASON 

PAGE TOTAL 

TRIP TOTAL 

START DATE 

END DATE 

CANNERY OR VESSEL AND DESTINATION 

INTERNATIONAL 
CALL SIGN 

RADIO

SKIPJACK 

YELLOWFIN 

BIGEYE 

MIXED 

UNLOADINGS TO CANNERY, COLD STORAGE, CARRIER OR OTHER VESSEL 

NAME OF CAPTAIN 

SIGNATURE OF CAPTAIN  

DATE 

EN 

40 

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NAME OF VESSEL 

FISHING PERMIT OR LICENCE NUMBER(S) 

SOUTH PACIFIC REGIONAL LONGLINE LOGSHEET 

APPENDIX III B 

PAGE_____________OF _____________ 

YEAR 

NAME OF FISHING COMPANY 

COUNTRY OF REGISTRATION 

FFA  REGIONAL  REGISTER 
NUMBER 

FFA  TYPE  APPROVED  ALC 
(Y/N)? 

REGISTRATION 
REGISTRATION 

NUMBER 

IN 

COUNTRY 

OF 

INTERNATIONAL  RADIO  CALL 
SIGN 

NAME OF AGENT IN PORT OF UNLOADING 

PORT OF DEPARTURE 

DATE AND TIME OF DEPARTURE 

• 
• 

ALL DATES AND TIMES MUST BE UTC/GMT 
ALL WEIGHTS MUST BE KILOGRAMS 

PORT OF UNLOADING 

DATE AND TIME OF ARRIVAL IN PORT 

PRIMARY TARGET SPECIES 

NUMBER OF HOOKS BETWEEN FLOATS  

01.00 UTC OR SET POSITION 

ALBACORE 

BIGEYE 

YELLOWFIN 

SHARK 

STRIPED 
MARLIN 

BLUE 
MARLIN 

SWORDFISH 

OTHER SPECIES 

MONTH  DAY 

ACTIVITY 
CODE 

LATITUDE 
DDMM. 

N 

S 

LONGITUDE 
DDMM. 

E 

W 

SET 
START 
TIME 

NUMBER 
OF 
HOOKS 

No 
RET 

KG 

RET 

No 
DISC

No 
RET 

KG 

RET 

No 
DISC 

No 
RET 

KG  

RET 

No 
DISC 

No 

RET 

No 
DISC

No 

RET 

KGRE
T 

No 

RET 

KG 
RET 

No 

RET 

KG 
RET 

NAME 

No 

RET 

KG 
RET 

EN 

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ACTIVITY CODES 

1 A SET 

2 A DAY AT SEA BUT NOT FISHED OR TRANSIT 

3 TRANSIT 

4 IN PORT - PLEASE SPECIFY 

PAGE TOTAL 

TRIP TOTAL 

NAME OF CAPTAIN 

SIGNATURE OF CAPTAIN 

DATE 

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REPORTING DETAILS 

REPORTS TO THE DIRECTOR OF FISHERIES 

Tel: (686) 21099Fax: (686) 21120 E-mail : flue@mfmrd.gov.ki 

APPENDIX IV 

1 

Reporting of Entry to the Zone 

24 hours prior to entering the fishery limits: 

(a) 

(b) 

(c) 

(d) 

(e) 

(f) 

(g) 

Report code (ZENT); 

Registration or Licence number; 

Call sign or signal letters; 

Date of entry (DD-MM-YY); 

Time of entry (GMT); 

Position of entry; 

Total Catch on board by weight by species: 

SKIPJACK 

(SJ)___.__(Mt) 

YELLOWFIN 

(YF)___.__(Mt) 

OTHERS 

(OT)___.__(Mt) 

e.g. ZENT/89TKS-PS001TN/JJAP2/11.10.89/0635Z/0230N;17610E/SK-510:YF-120:OT-10 

2. 

Reporting of Departure from the Zone 

Immediately upon leaving the fishery limits: 

(a) 

(b) 

(c) 

(d) 

(e) 

(f) 

(g) 

Report code (ZDEP); 

Registration or Licence number; 

Call sign or signal letters; 

Date of departure; 

Time of departure (GMT); 

Position of departure; 

Catch on board by weight by species: 

SKIPJACK 

(SJ)___.__(Mt) 

YELLOWFIN 

(YF)___.__(Mt) 

OTHERS 

(OT)___.__(Mt) 

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Total catch in Zone by weight by species (like Catch on Board) 

Total fishing days (the actual number of days in which a set was made in the Zone) 

ZDEP/89TKS-PS001TN/JJAP2/21.10.89/1045Z/0125S;16730E/SJ-450:YF-190:OT-4/SJ-42:BE-70:OT-

(h) 

(i) 

e.g. 
1/14 

3. 

Weekly position and catch reporting while within the Zone 

Every Tuesday while within the fishery limits after the entry report or the last weekly report: 

(a) 

(b) 

(c) 

(d) 

(e) 

(f) 

Report code (WPCR); 

Registration or Licence number; 

Call sign or signal letters; 

Date of WPCR (DD:MM:YY); 

Reporting position; 

Catch since the last report: 

SKIPJACK 

(SJ)___.__(Mt) 

YELLOWFIN 

(YF)___.__(Mt) 

OTHERS 

(OT)___.__(Mt) 

(g) 

Fishing days since the last report. 

e.g. 

WPCR/89TKS-PS001TN/JJAP2/11.12.89/0140N;16710W/SJ-23:YF-9:OT-2.0/7 

4. 

Port entry, including entry for transhipment, re-provisioning, discharging crew or emergency 

At least 48 hours before the vessel enters port: 

(a) 

(b) 

(c) 

(d) 

(e) 

(f) 

(g) 

(h) 

Report code (PENT); 

Registration or Licence number; 

Call sign or signal letters; 

Date of reporting (DD:MM:YY); 

Reporting position; 

Port name; 

Estimated time of arrival (LST) DDMM:hhmm; 

Catch on board by weight by species: 

SKIPJACK 

(SJ)___.__(Mt) 

YELLOWFIN 

(YF)___.__(Mt) 

OTHERS 

(OT)___.__(Mt) 

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(i) 

Reason for visiting port 

e.g. 

PENT/89TKS-PS001TN/JJAP2/24.12.89/0130S;17010E/BETIO 

/26.12:1600L/SJ-562:YF-150:OT-4/TRANSSHIPPING 

5 

Port departure 

Immediately after leaving port: 

(a) 

(b) 

(c) 

(d) 

(e) 

(f) 

(g) 

Report code (PDEP); 

Registration or Licence number; 

Call sign or signal letters; 

Date of reporting (GMT) DD-MM-YY; 

Port name; 

Date and time of Departure (LST) DD-MM:hhmm 

Catch on board by weight by species: 

SKIPJACK 

(SJ)___.__(Mt) 

YELLOWFIN 

(YF)___.__(Mt) 

OTHERS 

(OT)___.__(Mt) 

(h) 

Next destination. 

e.g. 

PDEP/89TKS-PS001TN/JJAP2/30.12.89/BETIO/29.12:1600L/SJ-0.0:YF-0.0:OT- 

4/FISHING GROUND 

6. 

Entry into or Departure from a Closed Area 

At least 12 hours before entering and immediately after leaving the closed area: 

(a) 

(b) 

(c) 

(d) 

(e) 

(f) 

(g) 

(h) 

Report type (ENCA for entry and DECA for exit); 

Registration or Licence number; 

Call sign or signal letters; 

Date of ENCA or DECA;  

Time of ENCA or DECA (GMT) DD-MM-YY:hhmm; 

Position of ENCA or DECA (to one minute of arc); 

Speed and course 

Reason for ENCA 

e.g. 

ENCA/89TKS-PS001TN/JJAP2/30.12.89:1645Z/0130S;17010E 

/7:320/ENTER PORT 

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7. 

Refuelling Notice 

At least 24 hours before refuelling from a licensed tanker: 

(a) 

(b) 

(c) 

(d) 

(e) 

(f) 

(g) 

(h) 

(i) 

Report type (FUEL); 

Registration or Licence number; 

Call sign or signal letters; 

Date of reporting (GMT); 

Position of reporting (to one minute of arc) 

Amount of fuel on board (Kilolitres); 

Estimated date of bunkering; 

Estimated position of bunkering; 

name of tanker. 

e.g. 

FUEL/89TKS-PS001TN/JJAP2/06.02.90/0130S;17010E/35/08.02.90 

/0131S;17030E/CHEMSION 

8. 

Bunkering Activity Report 

Immediately after refuelling from a licensed tanker. 

(a) 

(b) 

(c) 

(d) 

(e) 

(f) 

(g) 

(h) 

(i) 

Report type (BUNK); 

Registration or Licence number; 

Call sign or signal letters; 

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

Starting position of bunkering; 

Amount of fuel received in kilolitres; 

Ending time of bunkering (GMT); 

Ending position of bunkering 

Name of tanker. 

e.g. 

BUNK/89TKS-S001TN/JJAP2/08.02.90:1200Z/0131S;17030E/160/08.02.90: 

1800Z/0131S;17035E/CRANE PHOENIX 

9 

Transhipment Activity Report 

Immediately after transhipping at an authorised port in Kiribati to a licensed carrier vessel. 

(a) 

(b) 

Report type (TSHP); 

Registration or Licence number; 

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(c) 

(d) 

(e) 

(f) 

(g) 

(h) 

Call sign or letters; 

Date of discharge (DD-MM-YY); 

Port of discharge; 

Transhipped catch by weight by species; 

SKIPJACK 

SJ) ___.__(Mt) 

YELLOWFIN 

(YF)___.__(Mt) 

OTHERS 

(OT)___.__(Mt) 

Name of reefer carrier; 

Destination of catch. 

e.g. 

TSHP/89TKS-PS001TN/JJAP2/11.12.89/BETIO/SJ-450:YF-150:OT-0.0/JAPAN 

STAR/PAGO PAGO 

10. 

Completion Report 

Within 48 hours after completing a trip by discharging catch at other fishing ports (outside Kiribati) including 
operational port, or home port. 

(a) 

(b) 

(c) 

(d) 

(e) 

(f) 

Report type (COMP); 

Vessel name; 

Licence number; 

Call sign signal letters; 

Date of discharge (DD-MM-YY); 

Discharged catch by species 

SKIPJACK 

(SJ)___.__(Mt) 

YELLOWFIN 

(YF)___.__(Mt) 

OTHERS 

(OT)___.__(Mt) 

(g) 

Name of port. 

e.g. 

COMP/89TKS-PS001TN/JJAP2/26.12.89/SJ-670:YF-65:OT-0.0/BETIO 

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Protocol (VMS) 

APPENDIX V 

Provisions applicable to satellite monitoring of Community fishing vessels operating in 
the Kiribati EEZ 

1. 

2. 

3. 

4. 

5. 

6. 

7. 

The  provisions  of  this  Protocol  supplement  the  Protocol  setting  out  the  fishing 
opportunities  and  financial  contribution  provided  for  in  the  Fisheries  Partnership 
Agreement  between  the  European  Community  and  the  Republic  of  Kiribati  on 
fishing  off  the  coast  of  Kiribati  for  the  period  from  16  September  2006  to  15 
September 2012 and apply in accordance with point 5 of “Chapter VII – Monitoring” 
in the Annex thereto. 

All  fishing  vessels  with  an  overall  length  exceeding  15  metres  operating  under  the 
Fisheries Agreement between the European Community and Kiribati shall be tracked 
by satellite when fishing in the Kiribati EEZ. 

For the purposes of the satellite tracking, the Kiribati authorities shall communicate 
to the Community party the latitude and longitude coordinates of the Kiribati EEZ. 

The Kiribati authorities shall transmit this information in electronic form, expressed 
in decimal degrees (WGS 84). 

The parties shall exchange information on X.25 addresses and the specifications for 
electronic data transmission between their Control Centres in accordance with 5 to 7. 
Such  information  shall  include  the  following  where  they  exist:  names,  telephone, 
telex and fax numbers, and e-mail addresses (Internet or X.400) which may be used 
for general communications between Control Centres. 

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

When  a  vessel  which  is  fishing  under  the  Agreement  and  is  the  subject  of  satellite 
tracking pursuant to Community legislation enters the Kiribati EEZ, the subsequent 
position reports (vessel identification, longitude, latitude, course and speed) shall be 
transmitted  immediately  by  the  Control  Centre  of  the  flag  State  to  the  Kiribati 
Fisheries  Monitoring  Centre  (FMC)  at  intervals  of  no  more  than  three  hours.  The 
messages concerned shall be identified as position reports. 

The  messages  specified  at  5  shall  be  transmitted  electronically  in  X.25  format, 
without any further protocol. They shall be communicated in real time in the format 
set out in Table II. 

Where  the  continuous  satellite  monitoring  equipment  installed  on  board  a  fishing 
vessel  develops  a  technical  fault  or  breaks  down,  the  master  of  the  vessel  shall 
transmit the information specified at 5 to the Control Centre of the flag State and the 
Kiribati  FMC  in  good  time.  It  will  be  necessary  in  those  circumstances  to  send  a 
global position report every eight hours. This global position report shall include the 
position  reports  as  recorded  by  the  master  of  the  vessel  on  a  three-hourly  basis  in 
accordance with the requirements laid down in point 5. 

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The  Control  Centre  of  the  flag  State  shall  send  these  messages  immediately  to  the 
Kiribati FMC. The faulty equipment shall be repaired or replaced within a period of 
not more than one month. After this deadline, the vessel in question must leave the 
Kiribati EEZ.  

The Control Centres of the flag States shall monitor the movements of their vessels 
in  Kiribati  waters.  If  the  vessels  are  not  being  monitored  in  accordance  with  the 
conditions  laid  down,  the  Kiribati  FMC  shall  be  informed  immediately  this  is 
discovered and the procedure laid down at 7 shall be applicable. 

If the Kiribati FMC establishes that the flag State is not transmitting the information 
specified  in  point  5,  the  competent  European  Commission  departments  shall  be 
informed immediately. 

The  monitoring  data  communicated  to  the  other  party  in  accordance  with  these 
provisions is intended solely for the purposes of the Kiribati authorities in controlling 
and monitoring the Community fleet fishing under the Fisheries Agreement between 
the European Community and Kiribati. Such data may not under any circumstances 
be communicated to other parties. 

The  satellite-tracking  system  software  and  hardware  components  shall  be  reliable 
and  shall  not  permit  the  input  or  output  of  false  positions  or  be  capable  of  being 
manually overridden. 

The  system  shall  be  fully  automatic  and  operational  at  all  times  regardless  of 
environmental and weather conditions. Destroying, damaging, rendering inoperative 
or tampering with the satellite-tracking system shall be prohibited. 

Masters shall ensure that: 

- 

- 

- 

- 

data are not altered in any way; 

the  antenna  or  antennas  connected  to  the  satellite-tracking  equipment  are  not 
obstructed in any way; 

the  power  supply  of  the  satellite-tracking  equipment  is  not  interrupted  in  any 
way; and 

the satellite-tracking equipment is not removed from the vessel. 

The  parties  agree  to  exchange  upon  request  information  on  the  equipment  used  for 
satellite  monitoring,  in  order  to  ensure  that  each  piece  of  equipment  is  fully 
compatible  with  the  requirements  of  the  other  party  for  the  purposes  of  these 
provisions. 

Any  dispute  over  the  interpretation  or  application  of  these  provisions  shall  be  the 
subject of consultation between the parties within the Joint Committee provided for 
in Article 9 of the Agreement. 

8. 

9. 

10. 

11. 

12. 

13. 

14. 

The parties agree to review these provisions, as appropriate. 

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COMMUNICATION OF VMS MESSAGES TO KIRIBATI 

POSITION REPORT 

Data Element 

Code Mandatory/

Comments 

Optional 

Start record 

Recipient 

From 

Flag State 

Type of message 

Radio call sign 

SR 

AD 

FR 

FS 

TM 

RC 

Contracting  party  internal 
reference number 

IR 

External 
number 

Latitude 

Longitude 

Course 

Speed 

Dates 

Time 

End record 

registration 

XR 

LA 

LO 

CO 

SP 

DA 

TI 

ER 

O 

O 

O 

F 

O 

O 

F 

O 

O 

O 

O 

O 

O 

O 

O 

System detail – indicates start of record 

Message detail – recipient. Alpha 3 ISO country code 

Message detail – sender. Alpha 3 ISO country code 

Message detail – Message type “POS” 

Vessel detail – international radio call sign of vessel 

Unique  contracting  party  number  as  flag  State  ISO-3 
code followed by number) 

Vessel detail – number marked on side of vessel 

Vessel position detail – position in degrees and minutes 
N/S DDMM (WGS-84) 

Vessel position detail – position in degrees and minutes 
E/W DDMM (WGS-84) 

Vessel course 360° scale 

Vessel speed in tenths of knots 

Vessel position detail – date of record of UTC position 
(YYYYMMDD) 

Vessel position detail – time of record of UTC position 
(HHMM) 

System detail – indicates end of record 

Character set. ISO 8859.1 

Each data transmission is structured as follows: 

- 

- 

a double slash (//) and field code indicate the start of the message; 

a single slash (/) separates the field code and the data. 

Optional data elements have to be inserted between the start and end of the record. 

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LIMITS OF THE KIRIBATI EEZ 

COORDINATES of EEZ 

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COORDINATES OF THE KIRIBATI FMC 

Name of FMC: 

VMS Tel.: 

VMS Fax: 

VMS E-mail: 

DSPG Tel.: 

DSPG Fax: 

Address X25 = 

Declaration of entries/ex 

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