Proposal for a COUNCIL DECISION on the signing and the provisional application of the Protocol to the Fisheries Partnership Agreement between the European Community and Federated States of Micronesia 
Date: 2010-10-19
Institutions: European Commission
Subjects: Federated States of Micronesia, cooperation agreement (EU), exploitation of resources, fishing agreement, fishing regulations, fishing rights, ratification of an agreement, sustainable development

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EUROPEAN COMMISSION 

Brussels, 19.10.2010 
COM(2010) 574 final 

2010/0291 (NLE) 

Proposal for a 

COUNCIL DECISION 

on the signing and the provisional application of the Protocol to the Fisheries 
Partnership Agreement between the European Community and Federated States of 
Micronesia  

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EXPLANATORY MEMORANDUM 
On the basis of relevant Council mandate1, the Commission on behalf of the European Union 
negotiated with the Federated States of Micronesia (FSM) in view of renewing the Protocol to 
the Fisheries Partnership Agreement between the European Community and FSM. Following 
these  negotiations,  a  new  Protocol  was  initialled  on  7  May  2010,  which  covers  a  period  of 
five  years  starting  from  the  adoption  of  this  Council  decision  on  the  Protocol's  signing  and 
provisional  application  and  replaces  the  previous  Protocol  which  expired  on  25  February 
2010. 

This procedure concerning the signing on behalf of the EU and provisional application of the 
new Protocol is launched in parallel with the procedures regarding the Council Decision, with 
the  consent  of  the  European  Parliament,  on  the  conclusion  of  the  new  Protocol,  and  the 
Council Regulation concerning the allocation of the fishing opportunities among the Member 
States under the said Protocol. 

The Commission's negotiating position was based i.a. on the results of an ex-post evaluation 
study of the previous Protocol that was carried out by external experts in April 2010. 

The new Protocol is in line with the objectives of the Fisheries Partnership Agreement aiming 
at  strengthening  the  cooperation  between  the  European  Union  and  FSM  and  promoting 
a partnership  framework  in  which  to  develop  a  sustainable  fisheries  policy  and  responsible 
exploitation of fishery resources in FSM EEZ in the interests of both Parties.  

The two Parties have agreed to cooperate with a view to implementing FSM sectoral fisheries 
policy and to that end shall continue the policy dialogue on the relevant programming. 

The new Protocol provides for a total financial contribution of EUR 559,000 per year for the 
whole period. This amount corresponds to: a) EUR 408,200 per year equivalent to an annual 
reference tonnage of 8,000 tonnes per year, and b) EUR 150,800 per year, corresponding to 
the  additional  envelop  paid  by  the  EU  to  support  FSM  fisheries  policy.  This  Protocol  also 
provides annual authorisations to fish within FSM EEZ for 6 purse seine vessels and 12 long- 
liners. 

The Commission proposes, on this basis, that the Council adopts this Decision. 

1 

Council Decision nº 8877/2010 of 26 April 2010 

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2010/0291 (NLE) 

Proposal for a 

COUNCIL DECISION 

on the signing and the provisional application of the Protocol to the Fisheries 
Partnership Agreement between the European Community and Federated States of 
Micronesia  

THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  on  the  Functioning  of  the  European  Union,  and  in  particular 
Article 43 in conjunction with Article 218 (5) thereof, 

Having regard to the proposal from the European Commission, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

(5) 

(6) 

(7) 

By  Council  Regulation  (EC)  No  805/2006  the  European  Community  concluded 
a Fisheries Partnership Agreement with the Federated States of Micronesia2.  

The  European  Union  has  subsequently  negotiated  with  the  Federated  States  of 
Micronesia  a  new  Protocol  to  the  Fisheries  Partnership  Agreement  providing  EU 
vessels  with  fishing  opportunities  in  the  waters  over  which  the  Federated  States  of 
Micronesia have sovereignty or jurisdiction in respect of fisheries. 

As  a  result  of  those  negotiations,  a  new  Protocol  to  the  Fisheries  Partnership 
Agreement was initialled on the 7 May 2010. 

The previous Protocol to the Fisheries Partnership Agreement expired on 25 February 
2010. 

According to its Article 15, the new Protocol is to be applied provisionally from the 
date of its signature. 

In  order  to  guarantee  fishing  activities  by  EU  vessels,  it  is  essential  that  the  new 
Protocol  to  the  Fisheries  Partnership  Agreement  be  applied  as  quickly  as  possible 
taking into account that the previous Protocol has already expired.  

It is in the Union's interest to sign the new Protocol and to apply it on a provisional 
basis pending the completion of the procedures for its formal conclusion. 

HAS ADOPTED THIS DECISION:  

Article 1 

The  signing  of  the  Protocol  to  the  Fisheries  Partnership  Agreement  between  the  European 
Community and Federated States of Micronesia initialled on 7 May 2010 is hereby authorised 
on behalf of the Union, subject to its conclusion. 

The text of the Protocol is attached to this Decision. 

2 

OJ L 151, 6.6.2006, p.3 

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The  President  of  the  Council  is  hereby  authorised  to  designate  the  person(s)  empowered  to 
sign the Protocol on behalf of the Union, subject to the conclusion.  

Article 2 

The  provisional  application  of  the  Protocol  to  the  Fisheries  Partnership  Agreement  between 
the European Community and Federated States of Micronesia is hereby authorised on behalf 
of the Union. 

Article 3 

Article 4 

This  Decision  shall  enter  into  force  on  the  first  day  following  that  of  its  publication  in  the 
Official Journal of the European Union. 

Done at Brussels, 

For the Council 
The President 

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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 
Federated States of Micronesia on Fishing in the Federated States of Micronesia 

Article 1 
Period of Application and Fishing Opportunities 

1. 

2. 

FSM shall grant annual fishing opportunities to the European Union tuna fishing 
vessels  pursuant  to  Article  6  of  the  Fisheries  Partnership  Agreement,  in 
conformity  with  Title  24  of  the  Code  of  the  FSM  and  within  the  limits 
established by the Western and Central Pacific Fisheries Commission (WCPFC) 
conservation  and  management  measures  (CMM)  and  in  particular  CMM  2008-
01. 

For a period of five years from the date of entry into force of this Protocol the 
fishing  opportunities  foreseen  under  Article  5  of  the  Fisheries  Partnership 
Agreement shall provide annual fishing authorisations to fish within FSM EEZ 
for 6 purse seine vessels and 12 long-liners. 

3. 

Paragraphs 1 and 2 shall apply subject to Articles 5, 6, 8 and 10 of this Protocol. 

Article 2 
Financial Contribution - Methods of Payment 

1. 

The  financial  contribution  referred  to  in  Article  7  of  the  Fisheries  Partnership 
Agreement shall be EUR 559,000 per year for the period referred to in Article 1, 
Paragraph 2: 

2. 

This financial contribution shall comprise: 

a) 

b) 

an annual amount for the access to FSM EEZ of EUR 520,000 equivalent 
to a reference tonnage of 8,000 tonnes per year less EUR 111,800; and  

a  specific  amount  of  EUR  150,800  per  year  for  the  support  and 
implementation of FSM sectoral fisheries policy. 

Paragraph  1  of  this  Article  shall  apply  subject  to  Articles  4,  5  and  6  of  this 
Protocol and to Articles 13 and 14 of the Fisheries Partnership Agreement. 

If  the  total  quantity  of  tuna  catches  per  year  by  European  Union  vessels  in  the 
FSM  EEZ  exceeds  8,000  tons,  the  total  annual  financial  contribution  shall  be 
increased  by  EUR  65  per  additional  ton  of  tuna  caught.  However,  the  total 
annual amount to be paid by the European Union cannot exceed a sum more than 
double  the  amount  of  the  financial  contribution  referred  to  in  Paragraph  2(a). 
Where  the  quantities  caught  by  European  Union  vessels  exceed  the  quantities 
corresponding to twice the amount indicated in Paragraph 2(a), the Parties shall 
consult  each  other  as  soon  as  possible  in  order  to  establish  the  amount  due  for 
the quantity caught in excess of this limit. 

Payment  shall  be  made  no  later  than  45  days  after  the  entry  into  force  of  the 
Protocol  to  the  Fisheries  Partnership  Agreement  for  the  first  year  and  no  later 
than the anniversary date of this Protocol for the following years. 

FSM  shall  have  full  discretion  regarding  the  use  to  which  the  financial 
contribution as specified in Article 2, Paragraph 2(a) is put. 

3. 

4. 

5. 

6. 

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7. 

8. 

1. 

2. 

3. 

4. 

The  financial  contribution  shall  be  paid  into  the  FSM  National  Government 
Account  at  the  Bank  of  FSM  Micronesia  in  Honolulu,  Hawaii.  The  banking 
details are as follows: 

Bank of FSM Micronesia, Honolulu Hawaii 

ABA Number 1213-02373 

Credit to Bank of FSM account number 08-18-5018 

Account Holder: FSM National Government 

Copies  of  payments  or  wire  transfers  shall  be  forwarded  to  FSM  National 
Oceanic  Resource  Management  Authority  (NORMA)  as  evidence  of  payments 
made. 

Article 3 
Promotion of Responsible Fishing in FSM Waters  

As  soon  as  this  Protocol  enters  into  force  and  no  later  than  three  months  after 
that date, the European Union and FSM shall agree, within the Joint Committee 
provided  for  in  Article  9  of  the  Fisheries  Partnership  Agreement,  on  a 
multiannual  sectoral  programme  and  detailed  implementing  rules  covering,  in 
particular: 

(a) 

(b) 

annual  and  multiannual  guidelines  for  using  the  financial  contribution 
referred to in Article 2 Paragraph 2(b) for the initiatives to be carried out 
each year; 

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

(c) 

criteria and procedures for evaluating the results obtained each year. 

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

Each  year,  FSM  shall  allocate,  if  appropriate,  an  additional  amount  to  the 
financial  contribution  referred  to  Article  2  Paragraph  2(b)  with  a  view  to 
implementing  the  multiannual  programme.  This  allocation  must  be  notified  to 
the  European  Union.  FSM  shall  notify  the  European  Commission  of  the  new 
allocation no later than 45 days before the anniversary date of this Protocol. 

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

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1. 

2. 

3. 

4. 

1. 

1. 

2. 

3. 

Article 4 
Scientific Cooperation for Responsible Fishing 

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

During the period covered by this Protocol, the European Union and FSM shall 
ensure the sustainable use of the fishery resources in the FSM EEZ. 

The  parties  undertake  to  promote  cooperation  at  sub-regional  level  on 
responsible  fishing  and,  in  particular,  within  the  WCPFC  and  any  other  sub-
regional or international organisation concerned. 

In  accordance  with  Article  4  of  the  Fisheries  Partnership  Agreement,  Article  4 
Paragraph 1 of this Protocol and in light of the best available scientific advice, 
the  Parties  shall  consult  each  other  within  the  Joint  Committee  provided  for  in 
Article 9 of the Fisheries Partnership Agreement and adopt, where appropriate, 
measures  in  respect  of  the  activities  of  European  Union  vessels  authorized  by 
this  Protocol  and  licensed  according  to  the  Annex  to  ensure  sustainable 
management of the fishery resources in the FSM EEZ. 

Article 5 
Adjustment of Fishing Opportunities by Mutual Agreement 

The fishing opportunities referred to in Article 1 of this Protocol may be adjusted 
by  mutual  agreement  insofar  as  the  recommendations  of  WCPFC  corroborate 
that  such  an  adjustment  will  secure  the  sustainable  management  of  FSM 
resources.  In  this  case  the  financial  contribution  referred  to  in  Article  2 
Paragraph  2(a)  of  this  Protocol  shall  be  adjusted  proportionately  and  pro  rata 
temporis. 

Article 6  
New Fishing Opportunities 

Should European Union vessels be interested in fishing opportunities which are 
not indicated in Article 1 of this Protocol, such interest should be made known to 
the FSM in the form of an expression of interest or request. The granting of such 
request  will  be  made  only  in  accordance  with  FSM  Laws  and  Regulations  and 
may be the subject of another agreement. 

The  Parties  may  carry  out  joint  exploratory  fishing  surveys  in  FSM  EEZ  in 
accordance  with  FSM  Laws  and  Regulations.  To  this  end  and  subject  to 
scientific assessment, they shall hold consultations whenever one of the Parties 
so  request  and  determine,  on  a  case-by-case  basis,  relevant  new  resources, 
conditions and other parameters. 

The Parties shall carry out exploratory fishing activities in accordance with FSM 
Laws and Regulations by mutual agreement. The authorisations for exploratory 
fishing shall be granted for test purposes, for a duration and a starting date to be 
decided by mutual agreement between the two Parties. 

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4. 

1. 

2. 

Where the Parties conclude that the exploratory surveys have produced positive 
results,  while  preserving  ecosystems  and  conserving  living  marine  resources, 
new fishing opportunities may be awarded to European Union vessels following 
consultation between the two Parties. 

Article 7 
Conditions Governing Fishing Activities — Exclusivity Clause 

European Union vessels may fish in FSM EEZ only if they are in possession of a 
valid fishing authorisation issued by FSM NORMA under this Protocol. 

For fishing categories not covered by the Protocol in force, and for exploratory 
fishing, the FSM NORMA may grant fishing authorisations to European Union 
vessels.  However,  the  granting  of  these  authorisations  is  subject  to  FSM  Laws 
and Regulations and mutual agreement. 

Article 8 
Suspension and Review of the Payment of the Financial Contribution 

1. 

The  financial  contribution  referred  to  in  Article  2  Paragraphs  2(a)  and  2(b)  of 
this Protocol shall be reviewed or suspended if:  

a) 

b) 

c) 

unusual  circumstances,  other  than  natural  phenomena,  prevent  fishing 
activities in FSM EEZ; or 

following  significant  changes  in  the  policy  guidelines  which  led  to  the 
conclusion of this Protocol, either one of the Parties requests a review of 
the provisions with a view to a possible amendment thereof; or 

the  European  Union  ascertains  a  breach  of  essential  and  fundamental 
elements  on  human  rights  as  laid  out  by  Article  9  of  the  Cotonou 
Agreement, in FSM. 

The  European  Union  reserves  the  right  to  suspend,  totally  or  partially,  the 
payment of the specific contribution provided for in Article 2 Paragraph 2(b) of 
this Protocol: 

a)  where  the  results  obtained  are  found  to  be  inconsistent  with  the 
programming  following  the  evaluation  carried  out  within  the  Joint 
Committee; or 

b) 

in case FSM fails to execute this specific contribution. 

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

2. 

3. 

Article 9 
Suspension and Reinstatement of Fishing Authorisation 

1. 

FSM reserves the right to suspend fishing authorisations provided for in Article 1 
Paragraph 2 of this Protocol where: 

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a) 

b) 

a  specific  vessel  is  in  a  serious  violation  as  defined  by  FSM  Laws  and 
Regulations; or 

a  court  order  issued  in  relation  to  a  violation  of  a  specific  vessel  has  not 
been respected by the shipowner. Once the court order has been respected, 
the fishing authorisation for the vessel shall be reinstated for the remaining 
period of the fishing authorisation. 

Article 10 
Suspension of the Implementation of the Protocol 

1. 

Implementation of the Protocol shall be suspended at the initiative of either one 
of the Parties if: 

a) 

b) 

c) 

d) 

e) 

f) 

unusual  circumstances,  other  than  natural  phenomena,  prevent  fishing 
activities in FSM EEZ; or 

the European Union fails to make the payments provided for in Article 2, 
Paragraph 2(a) of this Protocol for reasons not covered by Article 8 of this 
Protocol; or 

a dispute between the Parties over the interpretation of this Protocol or its 
implementation arises; or 

either one of the Parties does not respect the provisions laid out by of this 
Protocol; or 

following  significant  changes  in  the  policy  guidelines  which  led  to  the 
conclusion of this Protocol, either one of the Parties requests a review of 
the provisions with a view to a possible amendment thereof; or  

either  one  of  the  Parties  ascertains  a  breach  of  essential  and  fundamental 
elements  on  human  rights  as  laid  out  by  Article  9  of  the  Cotonou 
Agreement. 

Implementation of the Protocol may be suspended at the initiative of one Party if 
the dispute between the Parties is deemed to be serious and if the consultations 
held between the two Parties have not resulted in an amicable settlement. 

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

In  the  event  of  suspension  of  implementation,  the  Parties  shall  continue  to 
consult  with  a  view  to  finding  an  amicable  settlement  to  their  dispute.  Where 
such settlement is reached, implementation 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  implementation  of  the 
Protocol was suspended. 

2. 

3. 

4. 

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Article 11 
National Laws and Regulations 

1. 

2. 

The  activities  of  European  Union  fishing  vessels  when  operating  in  FSM  EEZ 
shall  be  governed  by  the  applicable  Laws  and  Regulations  in  FSM,  unless 
otherwise  provided  for  in  the  Agreement,  this  Protocol  and  the  Annex  and 
Appendices hereto. 

FSM shall inform the European Commission of any changes or new legislation 
which is related to fisheries policy, at least 3 months before the entry into force 
of such changes or new legislation. 

Article 12 
Repeal of the Previous Protocol 

This  Protocol  and  its  annexes  repeal  and  replace  the  Protocol  setting  out  the  fishing 
opportunities  and  financial  contribution  for  the  Partnership  Agreement  between  the 
European Community and the Federated States of Micronesia on fishing in the Federated 
States of Micronesia, which entered into force on 26 February 2007. 

Article 13 
Duration 

This Protocol and the annexes hereto shall apply for a period of five years, unless notice 
of termination is given in accordance with Article 14 of this Protocol. 

Article 14 
Termination 

1. 

2. 

In the event of termination of the Protocol, the Party concerned shall notify the 
other Party in writing of its intention to terminate it at least six months before the 
date  on  which  such  termination  would  take  effect.  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 2 of this Protocol for 
the  year  in  which  the  termination  takes  effect  shall  be  reduced  proportionately 
and pro rata temporis. 

Article 15 
Provisional Application  

This Protocol shall be applied provisionally from the date of the signature. 

Article 16  
Entry into Force 

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. 

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Conditions Governing Fishing Activities by European Union Vessels in the FSM 

ANNEX 

Chapter I 

Management Measures 

Section 1 
Issue of Fishing Authorisations (licences) 

1. 

2. 

3. 

4. 

5. 

6. 

7. 

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

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

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

The  European  Commission  shall  present  by  email  (norma@mail.fm)  to  the 
Executive  Director  (Executive  Director)  of  the  National  Oceanic  Resource 
Management  Authority  (FSM  NORMA)  with  copy  to  the  Delegation  of  the 
European  Union  responsible  for  FSM  (hereinafter  “the  Delegation”)  an 
application for each vessel wishing to fish under the Agreement at least 30 days 
before the beginning of the requested term of validity. 

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

FSM NORMA shall take all the necessary steps to ensure that the data received 
as part of the fishing authorisation application are treated as confidential. Those 
data  shall  be  used  exclusively  in  the  context  of  the  implementation  of  the 
Agreement. 

All  fishing  authorisation  applications  shall  be  accompanied  by  the  following 
documents: 

a) 

b) 

c) 

d) 

payment  or  proof  of  payment  of  the  fee  for  the  period  of  validity  of  the 
fishing authorisation; 

a  copy  of  the  tonnage  certificate,  certified  by  the  Flag  Member  State, 
giving the tonnage of the vessel expressed in GRT or GT; 

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

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

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e) 

f) 

g) 

h) 

a certificate of good standing on the FFA Regional Register of Vessels and 
the WCPFC Record of Fishing Vessels; 

a copy of the Certificate of Insurance in English valid for the duration of 
the fishing authorisation; 

an application fee or proof of payment of EUR 460 per vessel; 

an observer contribution fee of EUR 1,500 per vessel. 

8. 

All  the  fees  shall  be  paid  into  the  FSM  National  Government  Account  at  the 
Bank of FSM Micronesia in Honolulu, Hawaii as follows: 

Bank of FSM Micronesia, Honolulu Hawaii 

ABA Number 1213-02373 

Credit to Bank of FSM account number 08-18-5018 

Account Holder: FSM National Government 

9. 

10. 

11. 

12. 

13. 

14. 

15. 

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

Fishing  authorisations  for  all  vessels  shall  be  issued  both  electronically  and  in 
paper form to ship-owners with an electronic copy to the European Commission 
and  to  the  Delegation  within  30  working  days  of  receipt  of  all  the  documents 
referred  to  in  Chapter  I  Section  1  Paragraph  7  of  this  Annex  by  the  Executive 
Director.  The  electronic  copy  will  still  have  to  be  replaced  by  the  paper  form 
once received. 

Fishing  authorisations  shall  be  issued  for  a  specific  vessel  and  shall  not  be 
transferable. 

At  the  request  of  the  European  Union  and  where  force  majeure  is  proven,  a 
vessel's fishing authorisation shall be replaced by a new fishing authorisation for 
another  vessel  whose  features  are  similar  to  those  of  the  first  vessel  for  the 
remaining period of the duration of the fishing authorisation, with no further fee 
due. The total catch by both vessels concerned will be taken into account when 
the  level  of  catches  by  European  Union  vessels  is  taken  into  consideration  to 
determine  if  any  additional  payments  are  to  be  made  by  the  European  Union 
according to Article 2 Paragraph 4 of the Protocol. 

The owner of the first vessel shall return the fishing authorisation to be cancelled 
to the Executive Director via the Delegation. 

The new fishing authorisation shall take effect on the day the Executive Director 
issues  the  fishing  authorisation  and  is  valid  for  the  remaining  period  for  the 
duration  of  the  first  fishing  authorisation.  The  Delegation  shall  be  informed  of 
the new fishing authorisation. 

The  fishing  authorisation  must  be  kept  on  board  at  all  times,  prominently 
displayed in its wheelhouse, without prejudice to Chapter V Section 3 Paragraph 
1  of  this  Annex.  For  a  reasonable  period  of  time  after  issuance  of  the  fishing 
authorisation,  not  to  exceed  45  days,  and  pending  receipt  by  the  vessel  of  the 
original  fishing  authorisation,  a  document  received  electronically,  or  other 
documentation  approved  by  the  Executive  Director,  is  a  valid  document  and 
shall  constitute  sufficient  evidence  for  purpose  of  surveillance,  monitoring  and 

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16. 

1. 

2. 

3. 

4. 

enforcement  of  the  Agreement.  The  document  received  electronically  will  still 
have to be replaced by the paper form once received. 

The  two  Parties  shall  seek  agreement  for  the  purposes  of  promoting  the 
introduction of a fishing authorisation 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 fishing authorisation by an electronic equivalent such as the list of vessels 
authorised to fish in FSM EEZ, as specified in Paragraph 1 of this section. 

Section 2 
Fishing Authorisation Conditions – Fees and Advance Payments 

Fishing  authorisations  shall  be  valid  for  one  year.  They  may  be  renewable. 
Renewal  of  fishing  authorisations  shall  be  subject  to  the  number  of  available 
fishing opportunities established by the Protocol. 

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

Fishing authorisations shall be issued once the following standard amounts have 
been  paid  to  the  Account  named  in  Chapter  I,  Section  1,  Paragraph  8  of  this 
Annex: 

a) 

EUR  15,000  per  tuna  seiner  vessel,  equivalent  to  the  fees  due  for  428 
tonnes of tuna and tuna-like species caught per year. For the first year of 
implementation  of  this  Protocol,  the  advance  payment  by  the  European 
Union ship-owners already paid in the previous Protocol shall apply; and 

b) 

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

The final statement of the fees due for the fishing year shall be drawn up by the 
European Commission by June 30th each year for the amounts caught during the 
year before and on the basis of the catch declarations made by each ship-owner. 
The  data  should  be  confirmed  by  the  scientific  institutes  responsible  for 
verifying  catch  data  of  the  European  Union  (Institut  de  Recherche  pour  le 
Development (IRD), the Instituto Español de Oceanografía (IEO) or the Instituto 
Portugues de Investigaçao Maritima (IPIMAR). 

5. 

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

FSM NORMA may question the fee statement within 30 days from the invoice 
of  the  statement  and,  in  case  of  disagreement,  request  the  call  of  the  Joint 
Committee. 

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

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

Any  additional  payments  shall  be  made  by  the  ship-owners  to  the  FSM  within 
forty-five  (45)  days  from  notification  of  the  confirmed  final  statement  into  the 
Account named in Chapter I, Section 1, Paragraph 8 of this Annex. 

6. 

7. 

    EN 

13 

    EN 

8. 

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

Chapter II 

Fishing Zones and Activity 

Section 1 
Fishing Zones  

1. 

2. 

1. 

2. 

3. 

4. 

5. 

6. 

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

In any case, all fishing shall not be permitted within 2 nautical miles radius of 
any anchored fish-aggregating device of the Government of FSM, or any other 
citizen  or  entity  for  which  notification  of  its  location  shall  be  given  by 
geographical  co-ordinates  and  1  nautical  mile  from  any  submerged  reef  as 
depicted in the charts in Paragraph 1 above. 

Section 2 
Fishing Activities 

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

Fishing  activities  of  the  European  Union  vessels  shall  be  done  in  accordance 
with  the  requirements  of  WCPFC  conservation  and  management  measures 
including CMM-2008-01. 

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

European Union vessels shall be required to stow all fishing gear whenever such 
vessels are within the internal waters of each state, the Territorial Sea or within 1 
mile of submerged reefs. 

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

European  Union  vessels,  its  master  and  operator  shall  conduct  all  fishing 
activities  in  a  manner,  which  will  not  disrupt  the  fishing  operations  of  other 
fishing  vessels  and  shall  not  interfere  with  the  fishing  gear  of  other  fishing 
vessels. 

    EN 

14 

    EN 

Chapter III 

Monitoring 

Section 1 
Catch Recording Arrangements 

1. 

2. 

3. 

4. 

5. 

1. 

2. 

Masters of vessels shall record in their fishing logsheet the information listed in 
Appendix  2a  and  2b.  Electronic  submission  of  catch  data/logsheet  data  should 
apply  to  vessels  over  24  meters  from  1  January  2010  and  gradually  to  vessels 
over 12 meters as of 2012. The Parties shall seek agreement for the purposes of 
promoting  the  introduction  of  catch  data  on  system  based  exclusively  on  the 
electronic exchange of all the information described above. The two Parties shall 
seek agreement for the purposes of promoting the rapid replacement of the paper 
logsheet formats by electronic formats. 

If no sets were made by a vessel for a particular day, or if a set is made and no 
fish are caught, the vessel master shall be required to record this information on 
the  daily  logsheet  form.  On  days  when  no  fishing  operations  are  conducted, 
before midnight local time of that day, the vessel must record on the logsheet the 
fact that no operations were conducted. 

Time and date of entries in and departures from FSM EEZ shall be recorded in 
logsheet immediately after entry in and departure from FSM EEZ. 

For  incidental  by-catch  of  species  other  than  tuna,  the  European  Union  vessels 
shall record the species of fish taken and the size and quantity of each species by 
weight or number, as specified in the logsheet whether the catch is kept on board 
the vessel or was returned to the sea. 

The logsheets shall be filled in legibly on a daily basis and signed by the master 
of the vessel. 

Section 2 
Catch Communication Arrangements 

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

a) 

b) 

c) 

either the period elapsing between entering and leaving FSM EEZ; 

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

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

All  European  Union  vessels  authorised  to  fish  in  the  FSM  EEZ  under  the 
Agreement  shall  communicate  their  catches  in  the  FSM  EEZ  to  the  Executive 
Director in the following manner: 

a)  All  signed  logsheet  forms  shall  be  sent  through  Fisheries  Monitoring 
Centre of Flag Member States to the Fisheries Monitoring Centre of FSM 
and to the European Commission by electronic means, within 5 days after 
each landing or transhipment operation, 

    EN 

15 

    EN 

b)  Master of vessel shall send weekly catch report with information listed in 
Appendix  3  Part  3  to  the  Executive  Director  and  to  the  European 
Commission.  Weekly  positions  and  catch  reports  shall  be  kept  on  board 
until the end of landing or transhipment operations. 

3. 

Entering and leaving the zone: 

a) 

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

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

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

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

Each  European  Union  vessel  shall  make  the  logsheets  and  Catch  Reports 
immediately  available  for  inspection  by  enforcement  officers  and  other 
individuals and entities authorised by FSM NORMA. 

Section 3 
Vessel Monitoring System 

Each  European  Union  vessel  shall  be  required  to  comply  with  the  FFA  Vessel 
Monitoring  System  (FFA  VMS)  currently  applicable  in  the  FSM  EEZ  when 
operating in the FSM EEZ. Each European Union vessel shall have installed on 
board, maintained, and fully operational at all times a mobile transmission unit 
(MTU) approved by FFA. The vessel and the operator agree not to tamper with, 
remove or have removed any MTU from the vessel after installation, except for 
the purposes of maintenance and repair as required. The operator and each vessel 
shall  be  responsible  for  the  purchase,  maintenance  and  operational  costs  of  the 
MTU, and shall cooperate fully with FSM NORMA in its utilization. 

Paragraph  1  above  does  not  preclude  the  Parties  from  considering  alternative 
VMS options compatible with the WCPFC VMS. 

Section 4 
Landing 

European Union vessels wishing to land catches in the ports of FSM shall do so 
within  FSM  designated  ports.  A  list  of  these  designated  ports  is  provided  as 
Appendix 4. 

The  owners  of  such  vessels  must  notify  the  following  information  to  the 
Executive  Director  and  to  the  FMC  Flag  Member  State  at  least  48  hours  in 
advance  in  accordance  to  the  specimen  provided  in  Appendix  3  Part  4.  If 
landings occur in a port outside EEZ of FSM, notification shall be made on the 

4. 

5. 

6. 

1. 

2. 

1. 

2. 

    EN 

16 

    EN 

3. 

4. 

1. 

2. 

3. 

4. 

5. 

6. 

7. 

1. 

2. 

same  conditions  previously  referred,  to  the  port  State  where  landing  will  take 
place and the FMC of Flag Member State. 

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

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

Section 5 
Transhipment 

European Union vessels wishing to tranship catches in the waters of FSM shall 
do so within FSM designated ports. A list of these designated ports is provided 
as Appendix 4. 

The  owners  of  such  vessels  must  notify  the  following  information  to  the 
Executive Director at least 48 hours in advance. 

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

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

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

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

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

Chapter IV 

Observers 

At the time of lodging a fishing authorisation application, each European Union 
vessel  concerned  shall  contribute  an  observer  placement  fee  as  specified  in 
Chapter I Section 1 Paragraph 7(h) into the Account named in Chapter I Section 
1 Paragraph 8 of this Annex, specifically for the observers programme. 

European Union vessels authorised to fish in the FSM EEZ under the Agreement 
shall take on board observers on the terms set out below: 

A. 

For purse seine vessels: 

    EN 

17 

    EN 

B. 

a) 

b) 

c) 

d) 

European  Union  purse  seine  vessels  shall  carry  at  all  times  an  observer 
appointed by either FSM Fisheries Observer Program or WCPFC Regional 
Observer Program (WCPFC ROP) while operating in the FSM EEZ. 

For longline vessels: 

The  Executive  Director  shall  determine  each  year  the  scope  of  the 
programme for observation on board on the basis of the number of vessels 
authorised to fish FSM EEZ and the state of the resources targeted by those 
vessels.  He/she  shall  determine  accordingly  the  number  or  percentage  of 
vessels which shall be required to take an observer on board. 

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

The  Executive  Director  shall  inform  the  ship-owners  concerned,  or  their 
agents,  of  his  intentions  to  take  on  board  an  appointed  observer  on  their 
vessels  at  the  time  the  fishing  authorisation  is  issued,  or  no  later  than 
fifteen  (15)  days  before  the  observer’s  planned  embarkation  date  and 
whose name shall be notified as soon as possible. 

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

3. 

4. 

5. 

Subject  to  the  provisions  of  this  Chapter,  Paragraph  2A,  the  ship-owners 
concerned shall make known at which FSM ports and on what dates they intend 
to  take  observers  on  board  10  days  prior  to  the  date  intended  to  take  on  the 
observer at the commencement of a trip. 

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

If the observer is not present at the time and place agreed and during the six (6) 
hours following the time agreed, ship-owners shall be automatically absolved of 
their obligation to take the observer on board. 

6. 

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

a) 

b) 

c) 

d) 

e) 

f) 

observe the fishing activities of the vessels; 

verify the position of vessels engaged in fishing operations; 

perform biological sampling in the context of scientific programmes; 

note the fishing gear used; 

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

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

    EN 

18 

    EN 

 
g) 

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

7. 

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

a) 

b) 

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

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

c)  Observers shall have access to the bridge, fish on board and areas, which 

may be used to hold, process, weigh and store fish; 

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

e)  Observers  shall  be  allowed  to  gather  any  other  information  relating  to 

fisheries in the FSM EEZ. 

8. 

While on board, observers shall: 

a) 

b) 

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

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

At  the  end  of  the  observation  period  and  after  debriefing  an  activity  report  is 
drawn up to be signed in the presence of the master who may provide additional 
comments considered relevant, followed by the master’s signature. Copies of the 
report shall be provided to the master when the observer is put ashore and to the 
Delegation. 

Ship-owners  shall  bear  the  cost  of  accommodating  observers  in  the  same 
conditions as the officers on the vessel. 

The  salary  and  social  contributions  of  the  observer  shall  be  borne  by  FSM 
NORMA when the vessel is operating in the FSM EEZ. 

9. 

10. 

11. 

Chapter V 

Control and Enforcement 

Section 1 
Vessel Identification 

1. 

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

    EN 

19 

    EN 

2. 

3. 

4. 

5. 

6. 

1. 

The  letter(s)  of  the  port  or  district  in  which  the  vessel  is  registered  and  the 
number(s) under which it is registered shall be painted or displayed on both sides 
of the bow, as high above the water as possible so as to be clearly visible from 
the sea and the air, in a colour contrasting with the background on which they are 
painted. The name of the vessel and her registration port shall be painted also on 
the bow and stern of the vessel. 

FSM  and  the  European  Union  may  require  if  necessary,  that  the  international 
radio  call  sign  (IRCS),  the  number  of  International  Maritime  Organisation 
(IMO), or the external registration letters and numbers, be painted on top of the 
wheelhouse, so as to be clearly visible from the air, in a colour contrasting with 
the ground on which it is painted; 

a) 

b) 

The contrasting colours shall be white and black; and 

The  external  registration  letters  and  numbers  painted  or  displayed  on  the 
hull  of  the  vessel  shall  not  be  removable,  effaced,  altered,  illegible, 
covered or concealed. 

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

A  vessel  operator  shall  ensure  the  continuous  monitoring  of  the  international 
distress  and  calling  frequency  (2182)  kHz  (HF),  and/or  the  international  safety 
and  calling  frequency  (156.8)  MHz  (Channel  16,  VHF-FM)  to  facilitate 
communication  with  the  fisheries  management,  surveillance  and  enforcement 
authorities of the FSM Government. 

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

Section 2 
Communication with Patrol Vessels of Federated States of Micronesia 

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

International Signal Code – Meaning: 

L 

SQ3 

QN 

QN1 

TD2 

C 

N 

QR 

Stop immediately 

Stop or slow down, I wish to board your vessel 

Lay your vessel along the star board side of our vessel 

Lay your vessel along the port side of our vessel 

Are you a fishing vessel? 

Yes 

No 

We cannot lay our vessel alongside your vessel 

    EN 

20 

    EN 

2. 

3. 

1. 

1. 

1. 

2. 

3. 

4. 

5. 

QP 

We will lay our vessel alongside your vessel 

FSM shall provide to the European Commission a list of all Patrol Vessels to be 
used for fisheries control purposes. This list shall include all the details related 
with  those  vessels,  namely:  Name,  Flag,  Type,  photo,  identification  external 
marks, IRCS and communication capability. 

Patrol  Vessel  shall  be  clearly  marked  and  identifiable  as  being  on  government 
use/service. 

Section 3 
Vessel List 

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

Section 4 
Applicable Laws and Regulations 

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

Section 5 
Control Procedures 

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

In order to facilitate safer inspection procedures, boarding should be conducted 
with  prior  notice  sent  to  the  vessel,  including  the  identity  of  the  inspection 
platform and the name of the inspector. 

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

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

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

    EN 

21 

    EN 

6. 

7. 

8. 

9. 

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

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

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

FSM  shall  ensure  that  all  staff  involved  directly  in  the  inspection  of  fishing 
vessels  covered  by  this  agreement  will  have  the  necessary  skills  to  conduct  a 
fisheries  inspection  and  are  familiar  with  the  fisheries  concerned.  During  the 
inspection on board the fishing vessels covered by this agreement, the fisheries 
inspectors  of  FSM  shall  ensure  that  the  crew,  vessel  and  her  cargo  are  treated 
with full respect for international provisions foreseen on the WCPFC Boarding 
and Inspection Procedures. 

1. 

Arrest of fishing vessels 

Section 6 
Arrest Procedure 

a) 

b) 

The Executive Director shall inform the Delegation, within 24 hours, of all 
arrests and penalties imposed on European Union vessels in the FSM EEZ. 

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

2. 

Statement of arrest 

a)  After  the  inspection  officer  has  drawn  up  a  statement,  the  master  of  the 

vessel shall sign it. 

b) 

c) 

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

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

3. 

Consultation meeting in the event of arrest 

a) 

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

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

    EN 

22 

    EN 

4. 

Settlement of arrest 

a) 

b) 

c) 

d) 

Before  any  judicial  procedure,  an  attempt  shall  be  made  to  resolve  the 
presumed  infringement  through  a  compromise  procedure.  This  procedure 
shall end no later than four (4) working days after the arrest. 

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

If the case cannot be settled by amicable procedure and has to be brought 
before a competent judicial body, a bank security set to take account of the 
arrest  costs  and  the  fines  and  compensation  payable  by  the  parties 
responsible  for  the  infringement  shall  be  paid  by  the  ship-owner  into  the 
Account named in Chapter I, Section 1, Paragraph 8 of this Annex. 

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

e) 

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

(1)  once the obligations arising under the amicable settlement have been 

fulfilled; or 

(2)  when the bank security referred to in Paragraph 4(c) has been lodged 
and accepted by the competent judicial body, pending completion of 
the legal proceedings. 

Chapter VI 

Environmental Responsibility 

1. 

2. 

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

Where  bunkering,  or  any  other  transfer  of  any  product  included  in  the  United 
Nations  International  Maritime  Dangerous  Goods  (IMDG)  code  takes  place 
during a fishing trip in the FSM EEZ, European Union vessels shall report such 
activity in accordance with the specimen provided in Appendix 3 Part 5. 

    EN 

23 

    EN 

1. 

2. 

3. 

4. 

5. 

6. 

7. 

1. 

2. 

Chapter VII 

Embarking Seamen 

Each  European  Union  vessel  fishing  under  the  Agreement  shall  undertake  to 
employ at least one (1) FSM seamen as a crew-member. 

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

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

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

FSM  seamen's  employment  contracts,  a  copy  of  which  shall  be  given  to  the 
signatories, shall be drawn up between the ship-owners' agent(s) and the seamen 
and/or  their  trade  unions  or  representatives  in  consultation  with  the  Executive 
Director.  These  contracts  shall  guarantee  the  seamen  the  social  security  cover 
applicable to them, including life insurance and sickness and accident insurance. 

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

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

Chapter VIII 

Operator Liability 

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

For the protection of the FSM, its States, and the citizens and residents thereof, 
the  operator  shall  maintain  adequate  and  complete  insurance  coverage  on  its 
vessel through an internationally recognized insurance carrier acceptable to FSM 
NORMA  for  FSM  EEZ,  including  areas  within  the  lagoons  and  atolls,  the 
Territorial Sea and submerged reefs as evidenced by the Certificate of Insurance 
referred to in Chapter I Section 1 Paragraph 7(f) of this Annex. 

    EN 

24 

    EN 

3. 

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

    EN 

25 

    EN 

Appendices 

1. 

Fishing Authorisation Application Forms 

a. 

b. 

Fishing Permit Application and Registration 

Renewal Permit Application 

2. 

Catch Report Forms 

a. 

b. 

Purse Seine Logsheet 

Longline Logsheet 

Report Details 

List of Designated Ports in FSM 

3. 

4. 

   EN 

26 

    EN 

Appendix 1a 

APPLICATION FOR REGISTRATION & PERMIT 
FOR FOREIGN FISHING VESSELS 

National Oceanic Resource Management Authority 
P.O. Box PS122 
Palikir, Pohnpei FM 96941 
Federated States of Micronesia 

Phone: 
Fax: 

(691) 320-2700/5181 
(691) 320-2383 

Email:  norma@mail.fm 

INSTRUCTIONS: 

•  Applicant MUST sign and date the application; otherwise, not valid. 
•  Address means complete mailing address. 
•  Clearly mark x where appropriate. 
•  All units Metrics; specify units if other systems used. 
•  Affix a recent 6x8 inch color side photo of the vessel to this application, showing Vessel Name and Registration Number. 
•  Attach a copy of Forum Fisheries Agency (FFA) Regional Register and Vessel Monitoring System (VMS) Certificates. 

Vessel 

If  this  vessel  was  registered  before, 
specify: 
Old 
Name 
Old 
Number 
Old 
Sign 

International  Radio  Call 

Registration 

  Regional Requirements: 

  FFA Registration Number 

  FFA VMS Registration No. 

  Type of ALC 

Vessel Identification: 
Name 
Vessel 

of 

Vessel 
appropriate) 

Type: 

(Select 

as 

Single Purse Seiner 
Longliner 
Pole and Liner 

Fish Carrier/Reefer 
Bunker 
Group Purse Seiner 

Search Boat 
Other 

Specify 

Country of Registration 
International  Radio  Call 
Sign 
Vessel 
Owner: 
Name 
Address 

Vessel 
Master: 
Name 
Address 

Operational Base(s): 

Port 1/Country 
Port 2/Country 
Port 3/Country 
Flag/State  of  Authorized  Fishing 
Area 

Country of Registration Number 

Vessel Operator/Charterer: 

Name 
Address 

Fishing 
Master: 
Name 
Address 

Permit Details 

1-year 
6-months 
3-months 
Other 
(Specify): 

Select  duration  of  permit  as  applicable 
and specify the preferred effective date. 
__________________________ 
__________________________ 
___________________ 

___________________ 

Vessels Specifications: 
Hull Material: 
Year Built 
Place Built 
Crew Size 

Steel  

If other, specify 

FRP  

Wood  
Gross Tonnage 
Overall Length 
Main  Engines  Power  (specify 
units) 

Fuel Carrying Capacity (kiloliters) 

    EN 

27 

    EN 

  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Daily Freezing Capacity (Select more than one, if appropriate): 
Method  Capacity  Temperature (c) 
Metric tons / day 

BR 
CB 
BF 
RC 

Brine (NaCl) 
Brine (CaCl) 
Air (Blast) 
Air (Coils) 
If other, specify _______________ 
Storage Capacity (more than one, if appropriate): 
Method  Capacity  Temperature (c) 

____________________________ 
____________________________ 
____________________________ 
____________________________ 
____________________________ 

 
 
 
 

________________ 
________________ 
________________ 
________________ 
________________ 

 

________________ 

________________ 

________________ 

____________________________ 

____________________________ 

________________ 
________________ 

Net Length (meters)________________ 
Net Depth (meters) ________________ 

 
____________________________ 
____________________________ 

____________________________ 
RW 
 
 
 

Cubic meters 
IC 
Ice 
Refrigerated Sea Water 
BR 
Brine (NaCl) 
CB 
Brine (CaCl) 
Air (Coils) 
RC 
If other, specify _______________ 
Complete either A, B, C or D below as appropriate. 
A. For Purse Seine Vessels: 
Helicopter Reg. No. _________________________________ 
Helicopter Model ___________________________________ 
Support Craft: 
Name 1 ___________________________________________ 
Name 2 ___________________________________________ 
Name 3 ___________________________________________ 
B. For Pole and Line Vessels: 
Number of automatic poling devices (0 if none)  __________ 
Bait Storage (more than one, if appropriate) 
Circulation Method Capacity 
(x where appropriate) 
 
Natural  NN 
CR 
Circulation 
Refrigerated 
RC 
C. For Longline Vessels: 
Average number of baskets ___________________________ 
Average number of hooks per basket ____________________ 
Maine line material __________________________________ 
D. For Support Vessels: 
Activities (more than one, if appropriate) 
Refrigerated Carrier  
 
Anchor Boat 
If other, specify __________________________________________________________________________________ 
Fishing Vessel(s) Supported  ________________________________________________________________________  

(Cubic meters) 
____________________________ 
 
 

Type 1 _________________________ 
Type 2 _________________________ 
Type 3 _________________________ 

____________________________ 
____________________________ 

Scouting Boat 
 
Supply/Mothership  

Mainline Length Km ______________ 

________________________________________________________________________ 

I  declare  that  the  above  information  is  true  and  complete.  I  understand,  I  am  required  to  report  any  changes  to  the  above 
information  immediately,  and  further  understand  that  failure  to  do  so  may  affect  good  standing  on  the  FFA  Regional 
Register. This application is filed pursuant to:  

Name of Agreement and/or Base Agreement 
Applicant: 
State whether owner, charter or duly agent _________________________________ 
Applicant Name: 
Address: 

  Agreement Effective Date 

Phone: 
Fax: 
Email: 

Signature 

Date 

    EN 

28 

    EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Appendix 1b 

APPLICATION FOR PERMIT RENEWAL 
FOR FOREIGN FISHING VESSELS 

National Oceanic Resource Management Authority 
P.O. Box PS122 
Palikir, Pohnpei FM 96941 
Federated States of Micronesia 

Phone: 
Fax: 

(691) 320-2700/5181 
(691) 320-2383 

Email:  norma@mail.fm 

INSTRUCTIONS: 
•  This  application  form  is  applicable  ONLY  to  a  vessel  renewing  her  fishing  permit  under  the  same  Fishing  Access 

Agreement from which her first permit (or previous permits) was issued. 

•  Applicant MUST sign and date the application; otherwise, not valid. 
•  Address means complete mailing address 
•  Clearly mark the boxes x where appropriate. 

Regional Requirements: 
FFA Registration Number 

FFA VMS Registration Number 

Vessel Detail: 

Name of Vessel 

Country of Registration (Flag) 

Flag State Registration Number 

Vessel Type (Gear): 

  Previous Permit No. 

International Radio Call Sign 

Single Purse Seiner 

Fish Carrier/Reefer 

Search Boat 

Longliner 

Pole and Liner 

Bunker 

Group Purse Seiner 

Other (specify) 

____________ 

Permit Details: 

Select the duration of permit as applicable and specify the preferred effective date. 

1-year 

6-month 

3-month 

Permit Effective Date 

I  hereby  apply  to  renew  permit  for  the  above  fishing  vessel  with  National  Oceanic  Resource  Management  Authority 
(NORMA) in the Federated States of Micronesia. 
I  declare  that  the  above  information  is  true  and  complete.  I  understand,  I  am  required  to  report  any  changes  to  the  above 
information immediately, and further understand that failure to do so may affect the validity of my fishing permit and good 
standing on the FFA Regional Register. This application is filed pursuant to:  

Name of Agreement and/or Base Agreement 
Applicant: 
State whether owner, charter or duly agent _________________________________ 

  Agreement Effective Date 

plicant Name: 
Address: 

Signature 

Phone: 
Fax: 
Email: 
Date 

    EN 

29 

    EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
    EN 

30 

    EN 

 
    EN 

31 

    EN 

 
    EN 

32 

    EN 

    EN 

33 

    EN 

Reporting Details 

Report to NORMA 

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

Appendix 3 

1. 

Reporting of Entry to the FSM EEZ 

24 hours prior to entering the FSM EEZ 

ZENT 

(a) 

(b) 

(c) 

(d) 

(e) 

(f) 

(g) 

Report code  

Vessel Name 

Permit Number 

Date of Entry (dd.mm.yy) 

Time of Entry (GMT) 

Position of Entry 

Total Catch on board 

(i) For Purse Seine, provide catch by weight by species: 

SKIPJACK 

(SKJ)____. ___(mt) 

YELLOWFIN 

(YFT)____. ___(mt) 

OTHERS 

(OTH)____. ___(mt) 

(ii) For Longline, provide catch by number by species: 

YELLOWFIN 

(YFT)____. ___(mt) 

BIGEYE 

(BET)____. ___(mt) 

ALBACORE 

(ALB)____. ___(mt) 

SHARK 

OTHERS 

(SHK)____.___(mt) 

(OTH)____.___(mt) 

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

    EN 

34 

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2. 

Reporting of Departure from the FSM EEZ 

Immediately upon leaving the fishery limits: 

ZDEP 

(a) 

(b) 

(c) 

(d) 

(e) 

(f) 

(g) 

Report code  

Vessel Name 

Permit Number 

Date of Departure (dd.mm.yy) 

Time of Departure (GMT) 

Position of Departure 

Total Catch on board 

(i) For Purse Seine, provide catch by weight by species: 

SKIPJACK 

(SKJ)____. ___(mt) 

YELLOWFIN 

(YFT)____. ___(mt) 

OTHERS 

(OTH)____. ___(mt) 

(ii) For Longline, provide catch by number by species: 

YELLOWFIN 

(YFT)____. ___(mt) 

BIGEYE 

(BET)____. ___(mt) 

ALBACORE 

(ALB)____. ___(mt) 

SHARK 

(SHK)____.___(mt) 

(h) 

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

(i) 

Total fishing days 

eg.  ZDEP/  COSMOS/F031-EUCPS-00000-01/20-5-04/0635Z/1300N;  145E/SKJ:  300;YFT:  130;  OTH: 
80/FSMEEZ; SKJ: 100;YFT: 40;OTH: 30/10 

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

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

    EN 

35 

    EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
WPCR 

(a) 

(b) 

(c) 

(d) 

(e) 

(f) 

Report code  

Vessel Name 

Permit Number 

Date 
(dd.mm.yy) 

of  Weekly 

Position 

Position of WPCR 

Catch since last report 

(i) For Purse Seine, provide catch by weight by species: 

SKIPJACK 

(SKJ)____. ___(mt) 

YELLOWFIN 

(YFT)____. ___(mt) 

OTHERS 

(OTH)____. ___(mt) 

(ii) For Longline, provide catch by number by species: 

YELLOWFIN 

(YFT)____. ___(mt) 

BIGEYE 

(BET)____. ___(mt) 

ALBACORE 

(ALB)____. ___(mt) 

SHARK 

OTHERS 

(SHK)____.___ (mt) 

(OTH)____.___(mt) 

(g) 

Number of fishing days during the week 

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

4. 

Port Departure 

Immediately after leaving port. 

(a) 

(b) 

(c) 

(d) 

(e) 

Report code  

Vessel Name 

Permit Number 

Date of Departure (dd.mm.yy) 

Time of Departure (GMT) 

    EN 

PDEP 

36 

    EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
(f) 

(g) 

Port of Departure 

Total Catch on board 

(i) For Purse Seine, provide catch by weight by species: 

SKIPJACK 

(SKJ)____. ___(mt) 

YELLOWFIN 

(YFT)____. ___(mt) 

OTHERS 

(OTH)____. ___(mt) 

(ii) For Longline, provide catch by number by species: 

YELLOWFIN 

(YFT)____. ___(mt) 

BIGEYE 

(BET)____. ___(mt) 

ALBACORE 

(ALB)____. ___(mt) 

SHARK 

OTHERS 

(SHK)____.___ (mt) 

(OTH)____.___ (mt) 

(h) 

Next destination 

Pohnpei 

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

5. 

Bunkering Activity Report 

Immediately after refuelling from a licensed tanker. 

(a) 

(b) 

(c) 

(d) 

(e) 

(f) 

(g) 

(h) 

(i) 

Report code  

Vessel Name 

BUNK 

COSMOS 

Permit Number 

F031-EUCPS-0000-01 

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

Starting position of bunkering 

Amount of fuel received in kl 

Ending  date  and  time  of  bunkering 
(GMT) 

Ending position of bunkering 

Name of tanker 

KIM 

    EN 

37 

    EN 

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

6. 

Transhipment Activity Report 

Immediately after transhipping at an authorized port in FSM to a licensed carrier vessel. 

(a) 

(b) 

(c) 

(d) 

(e) 

(f) 

Report code  

Vessel Name 

PNOT 

COSMOS 

Permit Number 

F031-EUCPS-0000-01 

Date  of  Discharge  (DD-
MM-YY) 

Port of Discharge 

Transhipped Catch 

(i) For Purse Seine, provide catch by weight by species: 

SKIPJACK 

(SKJ)____. ___(mt) 

YELLOWFIN 

(YFT)____. ___(mt) 

OTHERS 

(OTH)____. ___(mt) 

(ii) For Longline, provide catch by number by species: 

YELLOWFIN 

(YFT)____. ___(mt) 

BIGEYE 

(BET)____. ___(mt) 

ALBACORE 

(ALB)____. ___(mt) 

SHARK 

OTHERS 

(SHK)____.___ (mt) 

(OTH)____.___ (mt) 

(g) 

(h) 

Name of carrier 

KIN 

Destination of catch 

JAPAN 

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

    EN 

38 

    EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Designated Ports 

1. 

2. 

3. 

4. 

Tomil Harbor in the State of Yap 

Weno Anchorage in the State of Chuuk 

Mesenieng Harbour in the State of Pohnpei 

Okat Harbour in the State of Kosrae 

Appendix 4 

    EN 

39 

    EN