Amended proposal for a Council Decision on the conclusion of the Agreement in the form of an Exchange of Letters on the provisional application of the Protocol setting out the fishing opportunities and financial contribution provided for in the Agreement between the European Community and the Republic of Madagascar on fishing off the coast of Madagascar for the period from 1 January 2007 to 31 December 2012
Date: 2007-07-19
Institutions: European Commission
Subjects: Madagascar, fishing agreement

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 19.7.2007 
COM(2007) 429 final 

Amended proposal for a 

COUNCIL DECISION 

on the conclusion of the Agreement in the form of an Exchange of Letters on the 
provisional application of the Protocol setting out the fishing opportunities and financial 
contribution provided for in the Agreement between the European Community and the 
Republic of Madagascar on fishing off the coast of Madagascar for the period from 
1 January 2007 to 31 December 2012 

(presented by the Commission) 

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EXPLANATORY MEMORANDUM 

The Community and the Republic of Madagascar negotiated and initialled, on 21 June 2006, a 
Fisheries  Partnership  Agreement  which  provides  Community  fishermen  with  fishing 
opportunities  in  Madagascar’s  fishing  zone.  This  Partnership  Agreement,  accompanied  by  a 
Protocol and the Annex thereto, was 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 Madagascar on fishing off 
the coast of Madagascar which entered into force on 28 January 1986. 

A  proposal  for  a  Council  Decision  on  the  conclusion  of  the  Agreement  in  the  form  of  an 
Exchange  of  Letters  on  the  provisional  application  of  the  Protocol  setting  out  the  fishing 
opportunities and financial contribution provided for in the Fisheries Partnership Agreement 
between  the  European  Community  and  the  Republic  of  Madagascar  for  the  period  from 
1 January 2007 to 31 December 2012 was adopted by the Commission on 25 January 2007.  

However, the Protocol and the Annex thereto setting out the technical and financial conditions 
governing  the  fishing  activities  of  European  Community  vessels  had  to  be  re-negotiated, 
amended  and  re-signed  on  16  March  2007  to  accommodate  requests  for  additional  fishing 
opportunities  for  longliners. The reference tonnage and the financial contribution have been 
adjusted  accordingly.  The  requests  for  additional  fishing  opportunities  result  from  a  joint 
declaration by the Council and the Commission  No 10529/06  amending  Council Regulation 
(EC) No 639/2004 allowing the outermost regions, on the basis of Article 299 of the Treaty, 
to extend the system of public funding for the renewal of their fleet. The requests are also in 
line  with  Indian  Ocean  Tuna  Commission  (IOTC)  recommendations  authorising  island  or 
developing countries to submit a development plan for their fleet. An amended proposal for a 
Council Decision on the conclusion of the Agreement in the form of an Exchange of Letters 
on the provisional application of the amended Protocol is therefore necessary, to take account 
of the amendments made to the Protocol signed on 16 March 2007. 

The  Protocol  and  the  Annex  thereto  were  signed  for  a  period  of  six  years  from  1  January 
2007. Pending the entry into force of the new Agreement, this Protocol and the Annex thereto 
will enter into force on the date on which the Parties notify each other of the completion of 
the procedures necessary for that purpose. They will apply with effect from 1 January 2007. 

The main objective of the new Partnership Agreement is to  strengthen cooperation between 
the  European  Community  and  the  Republic  of  Madagascar,  thereby  creating  a  partnership 
framework  within  which  to  develop  a  sustainable  fisheries  policy  and  sound  exploitation  of 
fisheries  resources  in  Madagascar’s  fishing  zone,  in  the  interests  of  both  Parties.  The 
Commission’s negotiating position was based in part on the results of an ex-post and ex-ante 
evaluation carried out by independent experts. 

The  two  Parties  are  taking  part  in  a  political  dialogue  on  topics  of  mutual  interest  in  the 
fisheries  sector.  In  the  Partnership  Agreement,  the  current  priorities  of  fisheries  policy  in 
Madagascar  will  allow  the  identification  by  mutual  agreement  between  the  two  Parties  of 
objectives,  and  the  annual  and  multiannual  programming  to  attain  them,  with  a  view  to 
ensuring sustainable and responsible management of the sector. 

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

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The  financial  contribution  as  amended  in  the Protocol  signed  on  16  March  2007  is  fixed  at 
EUR  1  197  000  per  year  against  a  reference  tonnage  of  13  300  tonnes.  Of  this  financial 
contribution,  80%  will  provide  annual  financial  support  for  defining  and  implementing  a 
sectoral  fisheries  policy  in  Madagascar,  with  a  view  to  introducing  responsible  and 
sustainable  fishing.  This  financial  support  will  be  based  on  annual  and  multiannual 
programming. 

The  fishing  opportunities  provided  for  in  the  Agreement  have  been  laid  down  according  to 
three  categories:  (1)  for  the  fishing  category  “freezer  tuna  seiners”:  43  vessels;  (2)  for  the 
fishing category “surface longliners over 100 GT”: 50 vessels; and (3) for the fishing category 
“surface longliners of 100 GT or below”: 26 vessels. 

In  addition,  five  vessels  may  carry  out  exploratory  line  or  bottom  longline  fishing  for 
demersal species over two six-month periods.  

Shipowners’ fees have been fixed for each category and, overall, could provide Madagascar 
with an additional annual income of around EUR 465 000 (for a reference tonnage of 13 300 
tonnes). 

The Commission is accordingly proposing that the Council adopt by Decision the Agreement in 
the  form  of  an  Exchange  of  Letters  concerning  the  provisional  application  of  the  amended 
Protocol, pending its definitive entry into force. 

A  proposal  for  a  Council  Regulation  concerning  the  conclusion  of  the  new  Agreement  is  the 
subject of a separate procedure.  

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Amended proposal for a 

COUNCIL DECISION 

on the conclusion of the Agreement in the form of an Exchange of Letters on the 
provisional application of the Protocol setting out the fishing opportunities and financial 
contribution provided for in the Agreement between the European Community and the 
Republic of Madagascar on fishing off the coast of Madagascar for the period from 
1 January 2007 to 31 December 2012 

THE COUNCIL OF THE EUROPEAN UNION, 

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

Having regard to the proposal from the Commission, 

Whereas: 

(1) 

The  Community  and  the  Republic  of  Madagascar  have  negotiated  and  initialled  a 
Fisheries  Partnership  Agreement  providing  Community  fishermen  with  fishing 
opportunities  in  the  waters  falling  within  the  sovereignty  of  the  Republic  of 
Madagascar. 

(2) 

It is in the Community’s interest to approve that Agreement. 

(3) 

(4) 

It is necessary to guarantee the pursuit of fishing activities from the date of expiry of 
the previous Protocol1 until the date of entry into force of the Protocol setting out the 
fishing opportunities and financial contribution provided for in that Agreement. 

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

HAS DECIDED AS FOLLOWS: 

Article 1 

The  Agreement  in  the  form  of  an  Exchange  of  Letters  on  the  provisional  application  of  the 
Protocol  setting  out  the  fishing  opportunities  and  financial  contribution  provided  for  in  the 
Agreement between the European Community and the Republic of Madagascar on fishing off 
the coast of Madagascar for the period from 1 January 2007 to 31 December 2012 is hereby 
approved on behalf of the Community. 

The text of the Agreement is attached to this Decision. 

1 

Approved by Council Regulation (EC) No 555/2005 of 17 February 2005. 

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The Agreement shall apply provisionally from 1 January 2007. 

Article 2 

Article 3 

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

Fishing category 

Type of vessel 

Member State 

Licences or quota 

Tuna fishing  

Freezer tuna seiners 

Spain 

France 

Italy 

Tuna fishing 

Surface 
100 GT 

longliners  over 

Spain 

France 

Portugal 

United Kingdom 

Tuna fishing 

Surface  longliners  of  100 
GT or below 

France 

Demersal fishing  

Exploratory line or bottom 
longline fishing 

France 

23 

19 

1 

25 

13 

7 

5 

26 

5 

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

Article 4 

The Member States whose vessels fish under this Agreement shall notify the Commission of 
the  quantities  of  each  stock  caught  within  Madagascar’s  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. 

2 

OJ L 73, 15.3.2001, p. 8. 

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Article 5 

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

Done at Brussels, 

For the Council 
The President 

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Annex 

Agreement in the form of an Exchange of Letters on the provisional application of the 
amendments to 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 Madagascar on fishing off the coast of 
Madagascar for the period from 1 January 2007 to 31 December 2012 

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

Sir, 

I am delighted that the Republic of Madagascar and European Community negotiators have 
been  able  to  reach  a  consensus  on  amendments  to  the  Protocol  setting  out  the  fishing 
opportunities and financial contribution and its Annexes. 

The negotiations held in Antananarivo on 15 and 16 March 2007 have enabled adjustments to 
be made to the fishing opportunities provided for in the Protocol signed on 21 June 2006. The 
amended Protocol having been signed by the two Parties on 16 March 2007, I would propose 
continuing  in  parallel  the  procedures  for  approval  and  ratification  of  the  texts  of  the 
Agreement,  the  amended  Protocol  and  its  Annex  and  Appendices  in  accordance  with  the 
procedures  in  force  in  the  Republic  of  Madagascar  and  the  European  Community  and 
necessary to their entry into force. 

In  order  to  avoid  interrupting  fishing  activities  by  Community  vessels  in  Malagasy  waters, 
and referring to the Agreement and the Protocol initialled on 21 June 2006 and amended on 
16  March  2007  and  setting  out  the  fishing  opportunities  and  financial  contribution  from 
1 January 2007 to 31 December 2012, I have the honour to inform you that the Government 
of the Republic of Madagascar is willing to apply this Agreement and this amended Protocol 
provisionally  from  1  January 2007  pending  their  entry  into  force  in  accordance  with 
Article 17  of  the  Agreement,  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 31 December 2007. 

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

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

For the Government of the Republic of Madagascar 

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B. Letter from the European Community 

Sir, 

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

“Sir, 

I am delighted that the Republic of Madagascar and European Community negotiators have 
been  able  to  reach  a  consensus  on  amendments  to  the  Protocol  setting  out  the  fishing 
opportunities and financial contribution and its Annexes. 

The negotiations held in Antananarivo on 15 and 16 March 2007 have enabled adjustments to 
be made to the fishing opportunities provided for in the Protocol signed on 21 June 2006. The 
amended Protocol having been signed by the two Parties on 16 March 2007, I would propose 
continuing  in  parallel  the  procedures  for  approval  and  ratification  of  the  texts  of  the 
Agreement,  the  amended  Protocol  and  its  Annex  and  Appendices  in  accordance  with  the 
procedures  in  force  in  the  Republic  of  Madagascar  and  the  European  Community  and 
necessary to their entry into force. 

In  order  to  avoid  interrupting  fishing  activities  by  Community  vessels  in  Malagasy  waters, 
and referring to the Agreement and the Protocol initialled on 21 June 2006 and amended on 
16  March  2007  and  setting  out  the  fishing  opportunities  and  financial  contribution  from 
1 January 2007 to 31 December 2012, I have the honour to inform you that the Government 
of the Republic of Madagascar is willing to apply this Agreement and this amended Protocol 
provisionally  from  1  January 2007  pending  their  entry  into  force  in  accordance  with 
Article 17  of  the  Agreement,  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 31 December 2007. 

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

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

For the Government of the Republic of Madagascar”. 

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

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

For the Council of the European Union 

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Protocol setting out the fishing opportunities and financial contribution provided for in 
the Agreement between the European Community and the Republic of Madagascar on 
fishing off the coast of Madagascar for the period from 1 January 2007 to 31 December 
2012 

Article 1 
Period of application and fishing opportunities 

1. 

For  a  period  of  six  years  from  1  January  2007,  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): 

•  freezer tuna seiners: 43 vessels; 
•  surface longliners over 100 GT: 503 vessels; 

•  surface longliners of 100 GT or below: 26 vessels; 

– 

demersal species: 5 vessels for exploratory line or bottom longline fishing. 

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

Vessels flying the flag of a Member State of the European Community may fish in 
Madagascar’s  fishing  zone  only  if  they  are  in  possession  of  a  valid  fishing  licence 
issued by Madagascar under this Protocol in accordance with the Annex hereto. 

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 864 500 equivalent 
to  a  reference  tonnage  of  13  300  tonnes  per  year  and  a  specific  amount  of 
EUR 332 500 per year for the support and implementation of Madagascar’s sectoral 
fisheries policy. This specific amount shall be an integral part of the single financial 
contribution defined in Article 7 of the Agreement. 

Paragraph 1 shall apply subject to Articles 4, 5, 6 and 7 of this Protocol. 

The  Community  shall  pay  the  total  amount  referred  to  in  paragraph  1,  i.e. 
EUR 1 197 000, each year during the period of application of this Protocol.  

The licences for vessels over 100 GT may also be used for vessels of 100 GT or below. However, the 
standard  amounts  provided  for  in  point  3  of  Section  2  of  Chapter  1  of  the  Annex  shall  be  those 
corresponding to the tonnage of the vessel. 

2. 

3. 

1. 

2. 

3. 

3 

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4. 

5. 

6. 

7. 

1. 

2. 

3. 

4. 

If the overall quantity of catches by Community vessels in Malagasy waters exceeds 
the  reference  tonnage,  the  amount  of  the  annual  financial  contribution  shall  be 
increased  by  EUR  65  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  2  394  000).  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 31 December 2007 for the first year and no later than 28 February 2008, 
2009, 2010, 2011 and 2012 for the following years. 

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

The financial contribution shall be paid into a Public Treasury account opened at the 
Banque  Centrale  de  Madagascar.  The  account  reference  is  as  follows:  Agence 
Comptable  Centrale  du  Trésor  public  with  the  Banque  Centrale  de  Madagascar 
Antaninarenina- Antananarivo- Madagascar- account No: 213 101 000 125 TP EUR. 

Article 3 
Cooperation on responsible fishing – Scientific cooperation  

The Parties hereby undertake to promote responsible fishing in Malagasy waters on 
the basis of the principles of non-discrimination between the different fleets fishing 
in those waters. 

During  the  period  covered  by  this  Protocol,  the  Community  and  the  Malagasy 
authorities  shall  endeavour  to  monitor  the  evolution  of  resources  in  Madagascar’s 
fishing zone. 

The  Parties  undertake  to  promote  cooperation  at  subregional  level  on  responsible 
fishing and, in particular, within the Indian Ocean Tuna Commission (IOTC) and the 
Indian Ocean Commission (IOC). 

In  accordance  with  Article  4  of  the  Agreement  and  on  the  basis  of  the 
recommendations  and  resolutions  adopted  within 
the  Indian  Ocean  Tuna 
Commission, and in the light of the best available scientific advice, the Parties shall 
consult  each  other  within  the  Joint  Committee  provided  for  in  Article  9  of  the 
Agreement  and  adopt,  where  appropriate  after  a  scientific  meeting  possibly  at 
subregional  level,  and  by  mutual  agreement,  measures  to  ensure  the  sustainable 
management of fisheries resources affecting the activities of Community vessels. 

Article 4 
Review of fishing opportunities by mutual agreement 

1. 

The  fishing  opportunities  referred  to  in  Article  1  may  be  increased  by  mutual 
agreement  provided  that  the  conclusions  of  the  scientific  meeting  referred  to  in 

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Article  3(4)  confirm  that  such  an  increase  will  not  endanger  the  sustainable 
management  of  Madagascar’s  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  in  respect  of  the  reference  tonnage  shall  not  be  more  than  twice  the 
amount of the financial contribution referred to in Article 2(1). Where the quantities 
caught  annually  by  Community  vessels  are  more  than  twice  13  300  tonnes  (i.e. 
26 600 tonnes), 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,  following  consultations  and  by  mutual  agreement  between  the 
Parties,  provided  that  any  changes  comply  with  recommendations  made  by  the 
scientific  meeting  referred  to  in  Article  3(4)  regarding  the  management  of  stocks 
liable  to  be  affected  by  such  redistribution.  The  Parties  shall  agree  on  the 
corresponding  adjustment  of  the  financial  contribution  where  the  redistribution  of 
fishing opportunities so warrants. 

Article 5 
New and exploratory fishing opportunities  

Should Community vessels be interested in fishing activities which are not indicated 
in Article 1, the Community shall consult Madagascar in order to seek authorisation 
for these new activities. 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 hereto.  

The  Parties  may  carry  out  exploratory  fishing  trips  in  Madagascar’s  fishing  zones, 
subject to an opinion by the scientific meeting provided for in Article 3(4). To this 
end,  they  shall  hold  consultations  whenever  one  of  the  Parties  so  requests  and 
determine,  on  a  case-by-case  basis,  relevant  new  resources,  conditions  and  other 
parameters. 

The  two  Parties  shall  carry  out  exploratory  fishing  activities  in  accordance  with 
scientific  and  administrative  parameters  adopted  by  mutual  agreement.  The 
authorisations  for  exploratory  fishing  shall  be  granted  for  test  purposes,  for  a 
maximum  of  two  six-month  trips,  from  the  date  decided  by  mutual  agreement 
between the two Parties.  

Where the Parties conclude that the exploratory fishing trips have produced positive 
results,  while  preserving  ecosystems  and  conserving  living  marine  resources,  new 
fishing  opportunities  may  be  awarded  to  Community  vessels  following  the 
consultation procedure provided for in Article 4 of this Protocol and until the expiry 
of  the  Protocol  and  in  accordance  with  the  allowable  effort.  The  financial 
contribution will be increased as a result. 

2. 

3. 

1. 

2. 

3. 

4. 

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1. 

2. 

3. 

1. 

2. 

Article 6 
Suspension and review of the payment of the financial contribution 
 in the event of unusual circumstances 

in  Madagascar’s  exclusive  economic  zone  (EEZ), 

Where  unusual  circumstances,  other  than  natural  phenomena,  prevent  fishing 
activities 
the  European 
Community  may  suspend  payment  of  the  financial  contribution  provided  for  in 
Article 2(1). The suspension decision shall be taken 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. 

Where the validity of the licences granted to Community vessels is suspended along 
with the payment of the financial contribution, it shall be extended by a period equal 
to the period during which fishing activities were suspended. 

Article 7 
Promotion of responsible fishing in Malagasy waters 

80% of the total amount of the financial contribution fixed in Article 2 and of fees 
paid by shipowners shall be allocated each year to the support and implementation of 
initiatives  taken  in  the  context  of  the  sectoral  fisheries  policy  drawn  up  by  the 
Malagasy Government. 

Madagascar shall manage the corresponding amount following the identification by 
mutual agreement between the two Parties, in accordance with the current priorities 
of  Madagascar’s  fisheries  policy  for  ensuring  sustainable  and  responsible 
management  of  the  sector,  of  the  objectives  to  be  attained  and  the  annual  and 
multiannual programming required to attain them, pursuant to paragraph 2 below. 

On a proposal from Madagascar and for the purposes of implementing the preceding 
paragraph, as soon as this Protocol enters into force and no later than three months 
after  that  date,  the  Community  and  Madagascar  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 each year;  

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  Madagascar  in  its  national  fisheries  policy  and  other 
policies  relating  to  or  having  an  impact  on  the  introduction  of  responsible 
fishing and sustainable fisheries; 

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3. 

4. 

5. 

1. 

2. 

3. 

4. 

(c) 

criteria and procedures for evaluating the results obtained each year. 

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

Each  year,  Madagascar  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, 
Madagascar shall notify the Community of the allocation no later than 1 September 
of the previous year. 

Where the annual evaluation of the progress made in implementing the multiannual 
sectoral programme so warrants, the European Community may ask for the amount 
for the support and implementation of Madagascar’s sectoral fisheries policy within 
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. As soon as an amicable 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: 

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(a) 

(b) 

The  competent  Malagasy  authorities  shall  notify  the  European  Commission  of  the 
non-payment.  The  latter  shall  carry  out  the  requisite  checks  and,  where  necessary, 
transmit the payment within no more than 60 working days of the date of receipt of 
the notification. 

If no payment is made and non-payment is not adequately justified within the period 
provided for in Article 2(5) of this Protocol, the competent Malagasy 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 Malagasy waters shall be governed by the 
applicable law in Madagascar, unless otherwise provided in the Agreement, this Protocol and 
the Annex and Appendices hereto. 

Article 11 
Repeal 

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

Article 12 
Entry into force 

1. 

2. 

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

They will apply with effect from 1 January 2007. 

EN 

14 

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ANNEX 

Conditions governing fishing activities by Community vessels in Madagascar’s fishing 
zone 

Chapter I - Application for and issue of licences 

Section 1 
Issue of licences 

1. 

2. 

3. 

4. 

Only eligible vessels may obtain a licence to fish in Madagascar’s fishing zone. 

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

The  relevant  Community  authorities  shall  submit  (by  electronic  means)  to  the 
Ministry  responsible  for  fisheries  in  Madagascar  an  application  for  each  vessel 
wishing to fish or assist in fishing activities under the Agreement at least 15 working 
days before the date of commencement of the period of validity requested. 

Applications  shall  be  submitted  to  the  Ministry  responsible  for  fisheries  on  a  form 
drawn up in accordance with the specimen in Appendix I. The Malagasy authorities 
shall take all the necessary steps to ensure that the data received as part of the licence 
application  are  treated  as  confidential.  This  data  will  be  used  exclusively  in  the 
context of the implementation of the Fisheries Agreement. 

5. 

All licence applications shall be accompanied by the following documents: 

–  proof of payment of the flat-rate advance for the period of validity of the licence; 

–  a  copy  of  the  tonnage  certificate,  certified  by  the  flag  Member  State,  giving  the 

tonnage of the vessel expressed in GT; 

–  a  recent,  certified  colour  photograph  showing  a  side  view  of  the  vessel  in  its 

current state. The photograph shall be at least 15 cm by 10 cm; 

–  a colour photocopy of the registration markings and call sign4. 

6. 

7. 

The  fee  shall  be  paid  into  the  account  specified  by  the  Malagasy  authorities  in 
accordance with Article 2(7) of the Protocol. 

The fees shall include all national and local charges with the exception of port taxes 
and service charges. 

4 

In conformity with international standards. 

EN 

15 

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8. 

9. 

10. 

11. 

12. 

13. 

14. 

Licences for all vessels shall be issued to shipowners or their representatives via the 
European Commission Delegation to Madagascar within 15 working days of receipt 
of all the documents referred to in point 5 by the Ministry responsible for fisheries in 
Madagascar. 

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, as referred to in Article 1 of the Protocol, 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 his or her representative, shall return the cancelled 
licence  to  the  Ministry  responsible  for  fisheries  in  Madagascar  via  the  European 
Commission 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  Madagascar.  The 
European  Commission  Delegation  to  Madagascar  shall  be  informed  of  the  licence 
transfer. 

The licence must be held on board at all times. 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  draft  shall  be  notified  to  the  Malagasy  authorities  as  soon  as  it  is 
drawn  up,  and  then  each  time  it  is  updated.  On  receipt  of  this  draft  list  and  of 
notification  of  payment  of  the  advance  sent  to  the  coastal  state  authorities  by  the 
Commission, the vessel shall be entered by the competent Malagasy authority on a 
list of vessels authorised to fish, which shall be notified to the authorities responsible 
for fisheries inspection. In this case, a certified copy of this list shall be sent to the 
shipowner and kept on board instead of the fishing licence until the licence has been 
issued. 

The two Parties shall seek agreement for the purposes of promoting the introduction 
of  a  licence  system  based  exclusively  on  the  electronic  exchange  of  all  the 
information  and  documents  described  above.  The  two  Parties  shall  seek  agreement 
for  the  purposes  of  promoting  the  rapid  replacement  of  the  paper  licence  by  an 
electronic  equivalent  such  as  the  list  of  vessels  authorised  to  fish  in  Madagascar’s 
fishing zone. 

15. 

No fee shall be required for licences for support vessels. Support vessels must fly the 
flag of a Community Member State or form part of a Community company.  

Section 2 
Licence conditions – fees and advance payments 

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

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

16 

   EN 

1. 

2. 

EN 

 
3. 

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

–  EUR 3 920 per tuna seiner, equivalent to the fees due for 112 tonnes per year; 

–  EUR  3 500  per  surface  longliner  of  over  100  GT,  equivalent  to  the  fees  due  for 

100 tonnes per year;  

–  EUR 1 680 per surface longliner of 100 GT or below, equivalent to the fees due 

for 48 tonnes per year; 

–  the amount for demersal fishing licences shall be fixed at a later stage within the 
Joint Committee following the exploratory fishing phase. During the exploratory 
phase, licences shall be issued free of charge.  

Member  States  shall  inform  the  European  Commission  not  later  than  15  June  each 
year  of  the  tonnages  caught  during  the  past  year,  as  confirmed  by  the  scientific 
institutes referred to in point 5 below. 

The  final  statement  of  the  fees  due  for  year  n  shall  be  drawn  up  by  the  European 
Commission by 31 July of 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 (IEO) and the Instituto 
de  Investigação  das  Pescas  e  do  Mar  (IPIMAR)  via  the  European  Commission 
Delegation. 

This statement shall be sent simultaneously to the Ministry responsible for fisheries 
in Madagascar and to the shipowners. 

Any  additional  payments  for  quantities  caught  in  excess  of  112  tonnes  for  tuna 
seiners,  100  tonnes  for  longliners  of  over  100  GT  and  48  tonnes  for  longliners  of 
100 GT  or  below  shall  be  made  by  the  shipowners  to  the  competent  Malagasy 
national authorities by 31 August of year n+1, into the account referred to in point 6 
of Section 1 of this Chapter, on the basis of EUR 35 per tonne.  

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 

Community  vessels  may  carry  out  fishing  activities  in  waters  beyond  12  nautical 
miles  from  the  base  lines  in  the  case  of  tuna  seiners  and  surface  longliners.  A 
protection zone of three nautical miles from fish aggregating devices not belonging 
to Community vessels must be observed. 

4. 

5. 

6. 

7. 

8. 

1. 

EN 

17 

   EN 

 
Chapter III – Catch reporting arrangements for vessels 
authorised to fish in Malagasy waters 

1. 

For  the  purposes  of  this  Annex,  the  duration  of  a  trip  by  a  Community  vessel  in 
Madagascar’s fishing zone shall be defined as follows: 

2. 

3. 

4. 

–  the period elapsing between entering and leaving Madagascar’s fishing zone, or 

–  or  the  period  elapsing  between  entering  Madagascar’s  fishing  zone  and  a 

transhipment in port and/or a landing in Madagascar; 

All  vessels  authorised  to  fish  in  Malagasy  waters  under  the  Agreement  shall  be 
obliged  to  notify  their  catches  so  that  the  Malagasy  authorities  can  check  the 
quantities  caught,  which  shall  be  validated  by  the  competent  scientific  institutes  in 
accordance with the procedure referred to in point 4 of Section 2 of Chapter I of this 
Annex. Vessels over 24 metres in length must notify their catches every 15 calendar 
days  to  Madagascar’s  Fisheries  Monitoring  Centre  (FMC),  while  they  are  in 
Madagascar’s fishing zone. Catches shall be notified as follows: 

2.1  During  an  annual  period  of  validity  of  the  licence  within  the  meaning  of 
Section  2  of  Chapter  I  of  this  Annex,  declarations  shall  include  the  catches 
made  by  the  vessel  during  each  trip.  The  original  of  the  declarations  shall  be 
transmitted on a physical medium to the FMC within 45 days following the end 
of the last trip made during the period. These notifications shall also be made 
by fax (+ 261 20 22 490 14) or e-mail (csp-mprh@blueline.mg).  

2.2  Vessels shall declare their catches on the corresponding form in the logbook, in 
accordance  with 
in  Appendix  2.  The  words  “Outside 
Madagascar’s  fishing  zone”  shall  be  entered  in  the  logbook  in  respect  of 
periods during which the vessel is not in Madagascar’s fishing zone. 

the  specimen 

2.3  The forms shall be filled in legibly and signed by the skipper of the vessel or 

by his or her legal representative. 

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

The two Parties shall seek agreement for the purposes of promoting a catch reporting 
system  based  exclusively  on  the  electronic  exchange  of  all  the  information  and 
documents described above. The two Parties shall seek agreement for the purposes of 
promoting  the  rapid  replacement  of  the  written  declaration  (logbook)  by  an 
equivalent in the form of an electronic file. 

EN 

18 

   EN 

 
Chapter IV – Transhipment and landings 

The  Parties  shall  cooperate  with  a  view  to  improving  landing  or  transhipment  options  in 
Malagasy ports. 

1. 

Landings: 

Community  tuna  vessels  which  opt  to  land  their  catches  in  a  Malagasy  port  shall 
benefit from a reduction of EUR 5 per tonne fished in Madagascar’s fishing zone in 
the fee indicated in point 2 of Section 2 of Chapter 1 of the Annex. 

An additional reduction of EUR 5 shall be granted where fisheries products are sold 
to a processing factory in Madagascar. 

This mechanism shall apply, for all Community vessels, up to a maximum of 50% of 
the final statement of catches (as defined in Chapter III of the Annex) from the first 
year of this Protocol.  

Detailed rules on checks on the tonnages landed or transhipped shall be laid down at 
the first meeting of the Joint Committee. 

Evaluation: 

The  level  of  the  financial  incentives  and  the  maximum  percentage  of  the  final 
statement of catches shall be adjusted within the Joint Committee, in accordance with 
the socio-economic impact of landings in the year concerned. 

Chapter V – Embarking seamen 

2. 

3. 

1. 

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

– 

– 

for the fleet of tuna seiners, at least 20% of  the seamen  signed on during  the 
tuna-fishing  season  in  the  fishing  zone  of  third  countries  shall  be  of  ACP 
origin5, 

for the fleet of surface longliners, at least 20% of the seamen signed on during 
the fishing season in the fishing zone of third countries shall be of ACP origin. 

Shipowners shall endeavour to sign on additional seamen of ACP origin. 

The International Labour Organisation (ILO) Declaration on Fundamental Principles 
and  Rights  at  Work  shall  apply  as  of  right  to  seamen  signed  on  by  Community 
vessels.  This  concerns  in  particular  the  freedom  of  association  and  the  effective 
the  elimination  of 
recognition  of 
discrimination in respect of employment and occupation. 

to  collective  bargaining,  and 

the  right 

2. 

3. 

5 

Including at least 70 seamen out of the total European fleet belonging to the IOTC member countries. 

EN 

19 

   EN 

 
                                                 
4. 

5. 

6. 

The  employment  contracts  of  ACP  seamen  shall  be  drawn  up  between  the 
shipowners’  representative(s)  and  the  seamen  and/or  their  trade  unions  or 
representatives.  A  copy  of  these  contracts  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.  

The wages of the ACP seamen shall be paid by the shipowners. They shall be fixed 
by mutual agreement among the shipowners or their representatives and the seamen 
and/or their trade unions or representatives. However, the wage conditions granted to 
ACP  seamen  shall  not  be  lower  than  those  applied  to  crews  from  their  respective 
countries and shall under no circumstances be below ILO standards. 

All  seamen  employed  aboard  Community  vessels  shall  report  to  the  skipper  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.  

Chapter VI – Technical measures 

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

Chapter VII – Observers  

1. 

Vessels  authorised  to  fish  in  Malagasy  waters  under  the  Agreement  shall  take  on 
board  observers  appointed  by  the  competent  regional  fisheries  organisation  on  the 
terms set out below. 

1.1  At  the  request  of  the  competent  authority,  Community  vessels  shall  take  on 
board an observer designated by the authority in order to check catches made 
in Malagasy waters.  

1.2  The  competent  authority  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. 

1.3  The  competent  authority  shall  inform  the  shipowners  concerned,  or  their 
representatives,  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. 

2. 

The  time  spent  on  board  by  observers  shall  be  one  fishing  trip.  However,  at  the 
express  request  of  the  competent  Malagasy  authorities,  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 authority when the name of the 
observer appointed to board the vessel in question is notified. 

EN 

20 

   EN 

 
3. 

4. 

5. 

6. 

7. 

8. 

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

Observers shall be taken on board at a port chosen by the shipowner at the beginning 
of  the  first  voyage  in  Malagasy  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 country outside the subregion, their travel 
costs shall be borne by the shipowner. Should a vessel with a regional observer on 
board  leave  the  regional  fishing  zone,  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. 

Observers  shall  be  treated  as  officers.  Where  vessels  are  operating  in  Malagasy 
waters, they shall carry out the following tasks: 

8.1  observe the fishing activities of the vessels; 

8.2  verify the position of vessels engaged in fishing operations; 

8.3  perform biological sampling in the context of scientific programmes; 

8.4  note the fishing gear used; 

8.5  verify the catch data for Malagasy waters recorded in the logbook; 

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

species of marketable fish; 

8.7 

report by any appropriate means fishing data, including the quantity of catches 
and by-catches on board, to their competent authority. 

9. 

10. 

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

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

11. 

While on board, observers shall: 

11.1  take  all  appropriate  steps  to  ensure  that  the  conditions  of  their  boarding  and 

presence on the vessel neither interrupt nor hamper fishing operations, 

EN 

21 

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12. 

13. 

14. 

15. 

1. 

2. 

11.2  respect  the  material  and  equipment  on  board  and  the  confidentiality  of  all 

documents belonging to the vessel.  

At  the  end  of  the  observation  period  and  before  leaving  the  vessel,  observers  shall 
draw up an activity report to be transmitted to the competent authorities, with a copy 
to the European Commission. They shall sign it in the presence of the skipper, who 
may add or cause to be added to it any observations considered relevant, followed by 
the skipper’s signature. A copy of the report shall be handed to the skipper when the 
observer is put ashore. 

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 competent 
authorities. 

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 Madagascar’s fishing zone 
under  the  Agreement  shall  take  on  board,  instead  of  regional  observers,  observers 
designated  by  the  competent  Malagasy  authorities  in  accordance  with  the  rules  set 
out above. 

Chapter VIII – Monitoring 

In accordance with point 13 of Section 1 of Chapter I of this Annex, 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 Malagasy authorities 
responsible  for  fisheries  inspection  as  soon  as  it  is  drawn  up  and  each  time  it  is 
updated.  

On receipt of this draft list and of notification of payment of the advance (referred to 
in point 3 of Section 2 of Chapter I of this Annex) sent to the coastal state authorities 
by the European Commission, the vessel shall be entered by the competent Malagasy 
authority on a list of vessels authorised to fish, which shall be sent to the authorities 
responsible for fisheries inspection. In this case, a certified copy of this list shall be 
sent  to  the  shipowner  and  kept  on  board  instead  of  the  fishing  licence  until  the 
licence has been issued. 

3. 

Entering and leaving the zone 

3.1  Community vessels shall notify, at least three hours in advance, the Malagasy 
authorities  responsible  for  fisheries  inspection  of  their  intention  to  enter  or 
leave Madagascar’s fishing zone; they shall also declare the overall quantities 
and the species on board in accordance with the attached model. An intention 
to enter which is not actually followed up must be cancelled by fax or e-mail. 
The  Fisheries  Monitoring  Centre  must  e-mail  an  acknowledgement  of  receipt 
for each declaration (entry/exit) directly to the fishing vessel and/or failing that 
to the shipowner.  

EN 

22 

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3.2  When  notifying  leaving,  vessels  shall  also  communicate  their  position.  This 
information should preferably be communicated by fax (+261 20 22 490 14) or 
e-mail  (csp-mprh@blueline.mg)  or,  for  vessels  not  equipped  with  a  fax  or  e-
mail, by radio (call sign BLU, only during working hours and on working days 
in  Madagascar,  8754.00  Mhz.  The  radio  call  sign  of  Madagascar’s  Fisheries 
Monitoring Centre is “CHARLIE SIERRA PAPA”). 

3.3  Vessels found to be fishing without having informed the competent Malagasy 

authority shall be regarded as vessels in breach of the legislation. 

3.4  Vessels  shall  also  be  informed  of  the  fax  and  telephone  numbers  and  e-mail 

address when the fishing licence is issued. 

3.5  On receipt of messages notifying entry into and/or exit from the fishing zone, 
the Malagasy authorities reserve the right to decide whether or not to carry out 
a check on the catches of the longliner fleet of more than 250 GT on the basis 
of sampling of around 10% of the fleet concerned. Such checks shall take place 
in the nearest port or at a control point at sea. 

4. 

Control procedures 

4.1  Skippers  of  Community  fishing  vessels  engaged  in  fishing  activities  in 
Madagascar’s  waters  shall  allow  and  facilitate  boarding  and  the  discharge  of 
their duties by any Malagasy official responsible for the inspection and control 
of fishing activities. 

4.2.  These  officials  shall  not  remain  on  board  for  longer  than  is  necessary  for  the 

discharge of their duties. 

4.3.  Once  the  inspection  has  been  completed,  a  certificate  shall  be  issued  to  the 

master of the vessel. 

5. 

Satellite monitoring 

All  Community  vessels  fishing  under  this  Agreement  shall  be  subject  to  satellite 
monitoring in line with Appendix 4.  

6. 

Boarding 

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

6.2  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. 

7. 

Statement of boarding 

7.1  After the competent Malagasy authority has drawn up a statement, the skipper 

of the vessel shall sign it. 

EN 

23 

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7.2  This signature shall not prejudice the rights of the master or any defence which 
the master may make to the alleged infringement. If the skipper refuses to sign 
this document, he or she shall specify the reasons for doing so in writing and 
the inspector shall write “refusal to sign” on it. 

7.3  The  skipper  shall  take  the  vessel  to  the  port  indicated  by  the  Malagasy 
authorities.  In  the  case  of  minor  infringements,  the  competent  Malagasy 
authorities may authorise the boarded vessel to continue fishing. 

8. 

Consultation meeting in the event of boarding 

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

8.2  At  the  meeting,  the  Parties  shall  exchange  any  relevant  documentation  or 
information  helping  to  clarify  the  circumstances  of  the  established  facts.  The 
shipowner or his or her representative shall be informed of the outcome of the 
meeting and of any measures resulting from the boarding. 

9. 

Settlement of boarding 

9.1.  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 three working days after the boarding. 

9.2.  In  the  event  of  an  amicable  settlement,  the  amount  of  the  fine  shall  be 

determined in accordance with Malagasy legislation. 

9.3.  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 lodged by the shipowner with a bank 
specified by the competent Malagasy authorities. 

9.4.  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 Malagasy 
authorities. 

9.5.  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 

EN 

24 

   EN 

 
– 

when  the  bank  security  referred  to  in  point  9.3  has  been  lodged  and 
accepted by the competent Malagasy authorities, pending completion of 
the legal proceedings. 

10. 

Transhipment 

10.1  All  Community  vessels  wishing  to  tranship  catches  in  Malagasy  waters  shall 

do so in or off Malagasy ports. 

10.2.  The  owners  of  such  vessels  must  notify  the  following  information  to  the 

competent Malagasy authorities at least 24 hours in advance: 

– 

– 

– 

– 

the names of the transhipping fishing vessels, 

the names, OMI numbers and flag of the cargo vessels, 

the tonnage by species to be transhipped, 

the day and place of transhipment. 

10.3.  Transhipment  shall be considered as an exit from  Madagascar’s fishing  zone. 
Skippers  of  vessels  must  submit  their  catch  declarations  to  the  competent 
Malagasy authorities and state whether they intend to continue fishing or leave 
Madagascar’s fishing zone. 

10.4.  Any  transhipment  of  catches  not  covered  above  shall  be  prohibited  in 
Madagascar’s fishing zone. Any person infringing this provision shall be liable 
to the penalties provided for by Malagasy law. 

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

APPENDICES 

1 – Licence application form 

2 – IOTC logbook  

3 – Provisions applicable to the satellite-based vessel monitoring system (VMS) and 
coordinates of Madagascar’s fishing zone. 

11. 

– 

– 

– 

EN 

25 

   EN 

 
Appendix 1 

MINISTRY RESPONSIBLE FOR FISHERIES IN MADAGASCAR 
NEW  APPLICATION  FOR  OR  RENEWAL  OF6  A  LICENCE  FOR  FOREIGN 
INDUSTRIAL FISHING VESSELS: 
1. 
2. 
3. 
4. 

Name of shipowner: ..................................................................................................... 
Address of shipowner:.................................................................................................. 
Name of representative or agent (if applicable): .......................................................... 
Address of shipowner’s representative or local agent (if applicable): ......................... 
……………………………………………………………………………………….. 
Name of skipper: .......................................................................................................... 
5. 
Name of vessel: ............................................................................................................ 
6. 
Registration No: ........................................................................................................... 
7. 
Fax No: ......................................................................................................................... 
8. 
E-mail address: ............................................................................................................. 
9. 
Radio code:................................................................................................................... 
10. 
Date and place of construction: .................................................................................... 
11. 
Flag country:................................................................................................................. 
12. 
Port of registration:....................................................................................................... 
13. 
Port of fitting out: ......................................................................................................... 
14. 
15. 
Overall length: .............................................................................................................. 
16.  Width of vessel:............................................................................................................ 
Gross tonnage (GT): ..................................................................................................... 
17. 
Hold capacity:............................................................................................................... 
18. 
Cold storage and freezing capacity: ............................................................................. 
19. 
Engine type and horse power: ...................................................................................... 
20. 
Fishing gear: ................................................................................................................. 
21. 
Number of crew:........................................................................................................... 
22. 
Communications equipment:........................................................................................ 
23. 
Call sign:....................................................................................................................... 
24. 
Identification markings:................................................................................................ 
25. 
Fishing operations to be carried out: ............................................................................ 
26. 
Place of landing: ........................................................................................................... 
27. 
Fishing zones:............................................................................................................... 
28. 
Species to be caught: .................................................................................................... 
29. 
Period of validity: ......................................................................................................... 
30. 
Special conditions:........................................................................................................ 
31. 
Opinion of the Directorate-General for Fisheries and Aquaculture:........................................ 
Comments of the Ministry responsible for fisheries: ............................................................... 

6 

Delete as appropriate. 

EN 

26 

   EN 

 
 
 
                                                 
Appendix 2 

LOGBOOK FOR TUNA FISHERY 

Name of vessel: 
……………………………………………………………………. 
Flag country:   
……………………………………………………………………...........................

: 

Gross tonnage: 
………………………………………………….............................
Capacity – (M.T.): …………………………........ 

Vessel DEPARTED: 

Month  Day  Year 

Port 

Registration No: 
………………………………………………………………...................................
No of crew: 
Shipowner: 
………………………………………………………….......................... 
….…………………………………………………........................
Address: ………………………………………………………………………….... Reporting date: ………………………………………………...... 

Captain: ……………………………………………………….... 

Vessel 
RETURNED: 

Longline 

Live bait 

Purse seine 

Trawl 

Outros (Others) 

No of days at sea: 

Trip number: 

No of fishing days: 

No of sets made: 

Capturas (Catches) 

Isco usado na pesca 
(Bait used) 

Yellowfin tuna 

(Bigeye tuna) 

(Albacore) 

(Swordfish) 

Thunnus 
albacares 

Thunnus 
obesus 

Thunnus 
alalunga 

Xiphias 
gladius 

No 

kg 

No 

kg 

No 

kg 

No 

kg 

(Strip marlin) 
(White marlin 

Tetraptunus 
audax or albidus 
kg 

No 

(Black marlin)

(Sailfish) 

Skipjack 

Makaira 
indica 

Istiophorus albicane 
or platypterus 

Katsuwonus 
pelamis 

(Miscellaneous fish) 

Daily total 

(weight in kg 
only) 

y
r
u
a
S

d
i
u
q
S

t
i
a
b

e
v
i
L

(Other) 

No 

kg 

No 

kg 

No 

kg 

No 

kg 

No 

kg 

Date 

Sector 

Month  Day 

S
/
N
e
d
u
t
i
t
a
L

e
d
u
t
i
g
n
o
L

O
E

/

Surface 
water 
temp 
(ºC) 

Fishing effort 
No  of  hooks 
used 

Bluefin tuna 

Thunnus 
thynnus or 
maccoyii 
No  Weigh

t 
kg 

LANDING WEIGHT (IN KG) 
Notes 

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

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

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

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

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

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

EN 

27 

EN 

 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Appendix 3  

EN 

28 

   EN 

 
Appendix 4 

Madagascar’s fishing zone  

EN 

29 

   EN 

 
 
Protocol (VMS) 

setting out the provisions applicable to satellite monitoring of Community fishing vessels 
operating in Madagascar’s 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  Madagascar  on 
fishing  off  the  coast  of  Madagascar  for  the  period  from  1  January  2007  to 
31 December  2012  and  apply  in  accordance  with  point  5.  of  “Chapter  VIII  – 
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  Madagascar  shall  be 
monitored by satellite when fishing in Madagascar’s EEZ. 

For  the  purposes  of  the  satellite  monitoring,  the  Malagasy  authorities  shall 
communicate  to  the  Community  party  the  latitude  and  longitude  coordinates  of 
Madagascar’s EEZ. 

The  Malagasy  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 points 
5  and  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 
monitoring  pursuant  to  Community  legislation  enters  Madagascar’s  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 
Madagascar’s Fisheries Monitoring Centre (FMC) at intervals of no more than three 
hours. The messages concerned shall be identified as position reports. 

The messages specified in point 5 shall be transmitted electronically in X.25 format, 
or any other secure 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  skipper  of  the  vessel  shall 
transmit the information specified in point 5 to the Control Centre of the flag State 
and Madagascar’s FMC in good time. It will be necessary in those circumstances to 
send a global position report at 06.00, 12.00 and 18.00 Madagascar time. This global 
position  report  shall  include  the  position  reports  as  recorded  by  the  skipper  of  the 
vessel  on  a  three-hourly  basis  in  accordance  with  the  requirements  laid  down  in 
point 5. 

EN 

30 

   EN 

 
The  Control  Centre  of  the  flag  State  shall  send  these  messages  to  Madagascar’s 
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 Madagascar’s 
EEZ.  

The Control Centres of the flag States shall monitor the movements of their vessels 
in  Malagasy  waters.  If  the  vessels  are  not  being  monitored  in  accordance  with  the 
conditions laid down, Madagascar’s FMC shall be informed by the FMC of the flag 
State  as  soon  as  this  is  discovered  and  the  procedure  laid  down  in  point  7  shall  be 
applicable. 

If  Madagascar’s  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  Malagasy  authorities  in 
controlling  and  monitoring  the  Community  fleet  fishing  under  the  Fisheries 
Agreement between the European Community and Madagascar. Such data may not 
under any circumstances be communicated to other parties. 

The satellite-monitoring 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-monitoring system shall be prohibited. 

Skippers shall ensure that: 

– 

– 

– 

– 

data are not altered in any way; 

the antenna or antennas connected to the satellite-monitoring equipment are not 
obstructed; 

the power supply of the satellite-monitoring equipment is not interrupted; and 

the satellite-monitoring 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. 

EN 

31 

   EN 

 
COMMUNICATION OF VMS MESSAGES TO MADAGASCAR 

Data Element 

Code Mandatory/

Comments 

Optional 

POSITION REPORT 

Start record 

Recipient 

From 

Flag State 

Type of message 

Radio call sign 

SR  M 

AD  M 
FR  M 

FS  O 

TM  M 

RC  M 

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 

Contracting  party  internal 
reference number 

IR  O 

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

External 
number 

Latitude 

registration 

XR  M 

Vessel detail – number marked on side of vessel 

LA  M 

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

Longitude 

LO  M 

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

Course 

Speed 

Date 

Time 

CO  M 

SP  M 

DA  M 

TI  M 

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) 

End record 

ER  M 

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. 

EN 

32 

   EN 

 
 
COORDINATES OF MADAGASCAR’S FMC 

Name of FMC: 

Centre de Surveillance des Pêches (CSP) 

CSP tel.: 00 261 20 22 404 10 

CSP fax: 00 261 20 22 490 14 

CSP e-mail: csp-mprh@blueline.mg 

DPRH tel. and fax:  Direction de la pêche et des ressources halieutiques (DPRH) 

00 261 20 22 409 00 

DPRH e-mail: mamy.andriantsoa@wanadoo.mg 

Address X25 = 

134 164 784 14 from FMC-FRANCE 

208 034 164 784 14 from FMC-Spain, FMC-Portugal, FMC-Italy 

EN 

33 

   EN 

 
Model declaration of entries/exits:   

DECLARATION  D’ENTREE  DANS  LA  ZONE  ECONOMIQUE  EXCLUSIVE  DE 
MADAGASCAR. 

ENTRY REPORT IN MADAGASCAR ECONOMIC EXCLUSIVE ZONE 

INFORME DE ENTRADA Y SALIDA DE LA ZEE DE MADAGASCAR 

A/TO:  Centre  de  Surveillance  des  Pêches  du  Ministère  de  la  Pêche  et  des  Ressources 
Halieutiques – Madagascar 

e-mail: csp-mprh@blueline.mg 

Fax: 00 261 20 22 490 14 

DE/FROM: 

Nom du navire/Name of the vessel/Nombre del buque: 

Indicatif d’appel par radio/Call sign: 

Numéro de la licence/Number of the autorisation/Licencia N°: 

Nationalité/Nationality: 

Type de bateau/Kind of vessel: 

Date d’entrée/Date of entry/Fecha de entrada: 

Heures d’entrée/Time of entry/Hora de entrada: 

Position d’entrée/ Position of entry/Posicion de entrada: 

Capture  à  bord  avant  l’entrée  dans  la  zone/Fish  or  catch  on  board  before  entering  the 
zone/Pescado a bordo: 

Capture/Catch/Pescado 

Nombre/# 

Poids/Weight

Thon rouge/Thunnus maccoyii 

Albacore/Yellowfin/Thunnus albacares 

Patudo/Bigeye/Thunnus obesus 

Germon/Thunnus alalunga 

Espadon/Xiphias gladius 

Makaire/Tetrapturus audax 

Marlin/Makaira indica  

EN 

34 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Voiliers/Istiophorus spp 

Listao/Skipjack/Katsuwonus pelamis 

Divers/Others 

TOTAL 

EN 

35 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
DECLARATION  DE  SORTIE  DE  LA  ZONE  ECONOMIQUE  EXCLUSIVE  DE 
MADAGASCAR 

DEPARTURE REPORT OF MADAGASCAR ECONOMIC EXCLUSIVE ZONE 

INFORME DE SALIDA DE LA ZEE DE MADAGASCAR 

A/TO:  Centre  de  Surveillance  des  Pêches  du  Ministère  de  la  Pêche  et  des  Ressources 
Halieutiques – Madagascar 

e-mail: csp-mprh@blueline.mg 

Fax: 00 261 20 22 490 14 

DE/FROM: 

Nom du navire/Name of the vessel/Nombre del buque: 

Indicatif d’appel par radio/Call sign: 

Numéro de la licence/Number of the autorisation/Licencia N°: 

Nationalité/Nationality: 

Type de bateau/Kind of vessel: 

Date de sortie/Date of leaving/Fecha de salida: 

Heures de sortie/Time of leaving/Hora de salida: 

Position de sortie/ Position of leaving/Posicion de salida: 

Capture à bord à la sortie de la zone/Fish or catch on board before leaving the zone/Pescado a 
bordo: 

Capture/Catch/Pescado 

Nombre/# 

Poids/Weight

Thon rouge/Thunnus maccoyii 

Albacore/Yellowfin/Thunnus albacares 

Patudo/Bigeye/Thunnus obesus 

Germon/Thunnus alalunga 

Espadon/Xiphias gladius 

Makaire/Tetrapturus audax 

Marlin/Makaira indica  

Voiliers/Istiophorus spp 

EN 

36 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Listao/Skipjack/Katsuwonus pelamis 

Divers/Others 

TOTAL 

EN 

37 

   EN