Proposal for a COUNCIL DECISION on the signing, on behalf of the European Union, and 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, on the one hand, and the Republic of Kiribati, on the other
Date: 2012-08-27
Institutions: European Commission
Subjects: Kiribati, financial compensation of an agreement, fishing agreement, interim agreement (EU), signature of an agreement

EUROPEAN COMMISSION 

Brussels, 27.8.2012  
COM(2012) 467 final 

2012/0228 (NLE) 

Proposal for a 

COUNCIL DECISION 

on the signing, on behalf of the European Union, and 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, on the one 
hand, and the Republic of Kiribati, on the other 

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EXPLANATORY MEMORANDUM 

On the basis of relevant Council mandate1, the Commission on behalf of the European Union 
negotiated  with  the  Republic  of  Kiribati  in  view  of  renewing  the  Protocol  to  the  Fisheries 
Partnership Agreement between the European Union and the Republic of Kiribati. Following 
these  negotiations,  a new  Protocol  was  initialled  on  3  June  2012,  which  covers  a  period  of 
three years starting from 16 September 2012. 

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 May 2012. 

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

The  two  Parties  have  agreed  to  cooperate  with  a  view  to  implementing  Kiribati´s  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 1.325.000 per year for the 
whole  period.  This  amount  corresponds  to:  a)  EUR  975.000  per  year  for  the  access  to  the 
Kiribati´s EEZ, and b) EUR 350.000 per year, corresponding to the additional envelop paid by 
the EU to support of Kiribati´s fisheries policy. 

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

1 

Adopted by the 3155th meeting of the Council (Agriculture and Fisheries), on Tuesday 20 March 2012, 
as the "A" items listed in 7707/12. 

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2012/0228 (NLE) 

Proposal for a 

COUNCIL DECISION 

on the signing, on behalf of the European Union, and 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, on the one 
hand, and the Republic of Kiribati, on the other 

THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  on  the  Functioning  of  the  European  Union,  and  in  particular 
Article 43, paragraph 2, in conjunction with Article 218 (5) thereof, 

Having regard to the proposal from the European Commission, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

(5) 

(6) 

On 23 July 2007 the Council adopted Regulation (EC) No 893/20071 concerning the 
conclusion of the Fisheries Partnership Agreement between the European Community, 
on the one hand, and the Republic of Kiribati, on the other.  

The current Protocol setting out the fishing opportunitities and financial contribution 
provided for in the said Partnership Agreement will expire on 15 September 2012. 

The  European  Union  has  negotiated  with  the  Republic  of  Kiribati  a  new  Protocol  to 
the Fisheries Partnership Agreement setting out the fishing opportunities and financial 
contribution. 

On the conclusion of those negotiations, the new Protocol was initialled on the 3 June 
2012. 

In order to allow Union vessels to carry on fishing activities, Article 15 of the Protocol 
provides for it to be applied on a provisional basis from 16 September 2012. 

Therefore, the Protocol should be signed on behalf of the European Union, subject to 
its conclusion at a later date, and applied on a provisional basis, 

1 

OJ L 205, 7.8.2007, p.1 

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HAS ADOPTED THIS DECISION:  

Article 1 

The  signing  of  the  Protocol  setting  out  the  fishing  opportunities  and  financial  contribution 
provided  for  in  the  Fisheries  Partnership  Agreement  between  the  European  Community,  on 
the  one  hand,  and  the  Republic  of  Kiribati,  on  the  other  (hereinafher  referred  to  as  "the 
Protocol"), is hereby authorised on behalf of the Union, subject to its conclusion. 

The text of the Protocol to be signed is attached to this Decision. 

Article 2 

The  Council  Secretariat  General  shall  establish  the  instrument  of  full  powers  to  sign  the 
Protocol,  subject  to  its  conclusion,  for  the  person(s)  indicated  by  the  negotiator  of  the 
Protocol. 

The Protocol shall be applied provisionally as from 16 September 2012, pending its entry into 
force, in accordance with Article 15 thereof. 

Article 3 

Article 4 

This Decision shall enter into force on the day following that of its publication in the Official 
Journal of he 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 Community1, on the one 
hand, and the Republic of Kiribati, on the other 

Article 1 
Period of Application and Fishing Opportunities 

1. 

2. 

3. 

Kiribati shall grant annual fishing authorisations2 to the European Union tuna fishing 
vessels pursuant to Article 6 of the Fisheries Partnership Agreement (hereinafter the 
Agreement)  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 three years starting on 16 September 2012 the fishing opportunities 
granted  under  Article  5  of  the  Agreement  shall  be  for  15  000  tonnes  of  highly 
migratory species as listed in Annex 1 to the 1982 United Nations Convention on the 
Law of the Sea, within the Kiribati EEZ, for 4 (four) purse seine vessels and 6 (six) 
long-line vessels. 

Starting from the second year of application of this Protocol and without prejudice to 
Articles 9(d) of the Agreement and 5 of this Protocol, at the request of the EU, the 
number of fishing authorisations for purse seine vessels granted in Article 1(2) of this 
Protocol may be increased, if resources permit and in accordance with the WCPFC 
conservation and management measures. 

4. 

Paragraphs 1, 2 and 3 shall apply subject to Articles 5 and 6 of this Protocol. 

Article 2 
Financial Contribution - Methods of Payment 

1. 

2. 

The EU shall pay the sum of the amounts referred to in paragraph 2 of this Article, 
each year during the period of the application of this Protocol. 

The financial contribution under Article 7 of the Agreement for the period specified 
under Article 1(2) of this Protocol shall comprise: 

(a) 

(b) 

an annual amount for the access to Kiribati EEZ of EUR 975 000 equivalent to 
a reference tonnage of 15 000 tonnes per year;  

 a  specific  amount  of  EUR  350  000  for  the  support  and  implementation  of 
initiatives taken in the context of the Kiribati sectoral fisheries policy. 

3. 

Paragraph  1  of  this  Article  shall  apply  subject  to  Articles  4,  5,  6  and  8  of  this 
Protocol and to Articles 14 and 15 of the Agreement. 

1 
2 

The European Community became the European Union on 1 December 2009. 
Fishing authorisation means fishing licence under this Protocol and its Annex. 

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4. 

5. 

6. 

7. 

1. 

2. 

3. 

Both parties will secure to closely follow up the EU catches in the Kiribati EEZ. If 
the total quantity of catches per year by European Union vessels in the Kiribati EEZ 
exceeds  15  000  tonnes,  the  annual  financial  contribution,  as  referred  in  Paragraph 
2(a) of this Article, shall be increased by EUR 250 per tonne for the first additional 2 
500 tonnes and by EUR 300 per tonne for any further tonne above these additional 2 
500 tonnes. These additional costs shall be borne by the EU with the amount of EUR 
65 per additional tonne and the remaining part shall be paid by shipowners. 

Payment as specified in Article 2 Paragraph 2(a) and 2(b) shall be made no later than 
30 June after the entry into force of this Protocol for the first year and no later than 
30 June for the following years. 

The  Kiribati  authorities  shall  have  full  discretion  regarding  the  use  to  which  the 
financial contribution as specified in Article 2 Paragraph 2(a) of this Protocol is put.  

The share of the financial contribution indicated in Article 2(b) of this Protocol shall 
be paid into the Kiribati Government Account No 4 with the ANZ Bank of Kiribati, 
Ltd,  Betio,  Tarawa  ("Fisheries  Development  Fund")  opened  for  the  Kiribati 
Government  by  the  Ministry  of  Finance.  The  remaining  share  of  the  financial 
contribution shall be paid into the Kiribati Government account No 1 with the ANZ 
Bank  of  Kiribati,  Ltd,  Betio,  Tarawa  opened  for  the  Kiribati  Government  by  the 
Ministry of Finance.  

Article 3 
Promotion of Responsible Fishing in Kiribati EEZ 

The financial contribution as indicated in Article 2 Paragraph 2(b) shall be managed 
by the Kiribati authorities in the light of objectives  identified  by  mutual  agreement 
between the two parties.  

As  soon  as  this  Protocol  enters  into  force  and  no  later  than  three  months  after  that 
date,  the  Kiribati  authorities  shall  provide  a  detailed  annual  and  multiannual 
programme  to  the  Joint  Committee.  The  Joint  Committee  shall  agree  on  this 
programme, which addresses the following requirements: 

(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 
promoting,  over  time,  of  responsible  fishing  and  sustainable  fisheries,  taking 
account  of  the  priorities  expressed  by  Kiribati  in  its  national  fisheries  policy 
and  other  policies  relating  to  or  having  an  impact  on  the  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.  Urgent  changes  to  the  multiannual 
sectoral programme required by the Kiribati authorities in relation to the promotion 
of  the  responsible  fishing  may  be  done  outside  of  the  Joint  Committee  through 
communication with the EU. 

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4. 

5. 

6. 

7. 

1. 

2. 

3. 

4. 

1. 

Each year, Kiribati 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. 
Kiribati shall notify the EU of the new allocation no later 1 March of each year. 

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

The  Joint  Committee  is  responsible  for  the  follow  up  of  the  implementation  of  the 
multi-annual  sectoral  support  programme.  If  necessary,  both  parties  shall  continue 
this follow up through the Joint Committee, after the expiry of this Protocol until the 
specific  financial  counterpart  related  to  sectoral  support  foreseen  in  Article  2 
Paragraph 2(b) has been fully utilised. 

However, the payment of the financial contribution foreseen in Article 2 Paragraph 
2(b) cannot be paid after a period of ten months following the expiry of this Protocol. 

Article 4 
Scientific Cooperation for Responsible Fishing 

Both  Parties  hereby  undertake  to  promote  responsible  fishing  in  the  Kiribati  waters 
based  on  the  principles  set  out  in  the  FAO’s  Code  of  Conduct  and  of  non-
discrimination between the different fleets fishing in those waters. 

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

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

In accordance with Article 4 of the Agreement, Article 4 Paragraph 1 of this Protocol 
and in light of the best available scientific advice, the Parties shall within the Joint 
Committee  adopt,  where  appropriate,  measures  in  respect  of  the  activities  of 
European  Union  vessels  licensed  and  authorized  to  undertake  fishing  activities  by 
this  Protocol  to  ensure  sustainable  management  of  the  fishery  resources  in  the 
Kiribati 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 Kiribati 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.  

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2. 

1. 

2. 

3. 

4. 

1. 

2. 

1. 

If  the  fishing  opportunities  will  be  reduced  due  to  the  new  closure  of  a  substantial 
part of the Kiribati EEZ, the financial contribution of this Protocol may be adjusted 
proportionately and pro rata temporis after the consultation between the both parties 
within the Joint Committee. 

Article 6 
New Fishing Opportunities 

Where  an  interest  is  expressed  by  the  EU  in  having  access  to  new  fishing 
opportunities which are not indicated in Article 1 of this Protocol, this interest should 
be  addressed  to  Kiribati.  The  granting  of  such  request  for  access  to  new  fishing 
opportunities maybe made available, and may be the subject of another agreement.  

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

The Parties shall carry out exploratory fishing activities in accordance with Kiribati 
Laws and Regulations and by mutual agreement. The authorisations for exploratory 
fishing may be granted, for a maximum period of three (3) months. 

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

Article 7 
Conditions Governing Fishing Activities — Exclusivity Clause 

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

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

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

The  financial  contribution  referred  to  in  Article  2  Paragraphs  2(a)  and  2(b)  of  this 
Protocol may be reviewed or suspended in the event of unusual circumstances, other 
than  natural  phenomena,  prevent  fishing  activities  in  the  Kiribati  EEZ  following 
consultation  between  the  two  Parties  within  a  period  of  two  months  following  the 
request of one of the Parties, and provided that the EU has paid in full any amount 
due at the time of suspension.  

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2. 

3. 

4. 

The  European  Union  may  suspend,  totally  or  partially,  the  payment  of  the  specific 
contribution provided for in Article 2 Paragraph 2(b) of this Protocol where the Joint 
Committee agrees that:  

(a) 

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

(b) 

Kiribati fails to execute this specific contribution. 

Suspension of the payment shall require the  EU to notify its intention in writing at 
least two months before the date on which the suspension is due to take effect. 

Payment of the financial contribution shall recommence once the situation has been 
remedied  following  actions  to  mitigate  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. 

Article 9 
Suspension and Reinstatement of Fishing Authorisation 

1. 

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

(a) 

(b) 

a  specific  vessel  is  in  a  serious  violation  as  defined  by  Kiribati  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 Application of the Protocol 

1. 

In  the  event  where  consultations  is  exhausted  without  reaching  an  amicable 
settlement the application of this Protocol may be suspended at the initiative of either 
one of the Parties if: 

(a) 

(b) 

(c) 

(d) 

the  European  Union  fails  to  make  the  payments  provided  for  in  Article  2, 
Paragraph  2  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 
application arises; or 

either one of the Parties breaches the provisions laid out by this Protocol; 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. 

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2. 

3. 

4. 

1. 

2. 

1. 

1. 

1. 

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

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

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

Article 11 
National Laws and Regulations 

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

Any changes or new legislation which is related for fisheries shall apply to the EU 
from the 60th day following the day when the notification is received by the EU from 
Kiribati. 

Article 12 
Review clause 

After two years of application of this Protocol, the shipowner's contribution shall be 
reviewed  and  any  changes  will  be  subject  to  agreement  by  both  parties.  The  third 
year of the application of this Protocol will be regarded as a transition period before 
the  future  introduction  of  the  new  management  and  conservation  measure  on 
fisheries initiated by Kiribati authorities. 

Article 13 
Duration 

This  Protocol  and  its  Annex  hereto  shall  apply  for  a  period  of  three  years  from  16 
September 2012, unless notice of termination is given in accordance with Article 14 
of this Protocol. 

Article 14 
Termination 

This  Protocol  may  be  terminated  by  either  party  in  the  event  of  unusual 
circumstances  such  as  the  degradation  of  the  stocks  concerned,  the  discovery  of  a 
reduced  level  of  exploitation  of  the  fishing  opportunities  granted  to  the  European 

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2. 

3. 

Union  vessels,  or  failure  to  comply  with  undertakings  made  by  the  parties  with 
regard to combating illegal, unreported and unregulated fishing. 

In the event of termination of this 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 16 September 2012. 

Article 16  
Entry into Force 

This Protocol with its Annexes 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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ANNEX 
CONDITIONS GOVERNING FISHING ACTIVITIES BY EUROPEAN UNION 
VESSELS IN THE KIRIBATI FISHING ZONE  
Fishing Activities by European Union Vessels in Kiribati 

CHAPTER I 
MANAGEMENT OF FISHING AUTHORISATIONS (LICENCES) 

1. 

2. 

3. 

1. 

2. 

Section 1 
Registration 

Fishing  by  EU  vessels  within  the  Kiribati  EEZ  shall  be  subject  to  the  issuance  of 
a registration number by the Kiribati competent authorities. 

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

Registration shall be contingent upon the receipt of a 15 cm by 20 cm photograph of 
the applying vessel and the payment of EUR 2 300 per vessel per year as registration 
fee  to  be  paid  into  the  Kiribati  Government  account  No  1  in  accordance  with  the 
Article 2(7) of the Protocol, cleared of any deductions. 

Section 2 
Fishing Authorisations 

Only  eligible  vessels  may  obtain  fishing  authorisation  in  the  Exclusive  Economic 
Zone (EEZ) of Kiribati. 

For  a  vessel  to  be  eligible,  the  owner  and  the  master  must  have  fulfilled  all  prior 
obligations arising from their fishing activities in Kiribati 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 Kiribati. The name, address and contact numbers of that agent 
shall be stated in the fishing authorisation application.  

The European Commission shall present to the Ministry responsible for fisheries in 
Kiribati with copy to the Delegation of the European Union responsible for Kiribati 
(hereinafter  “the  Delegation”)  an  application  for  each  vessel  wishing  to  fish  under 
this Protocol.  

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

3. 

Kiribati Authorities shall take all the necessary steps to ensure that the data received 
as part of the fishing authorisation application are treated as confidential. This data 
shall be used exclusively in the context of the application of this Protocol. 

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4. 

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

(a) 

(b) 

(c) 

(d) 

(e) 

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; 

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

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; 

(f) 

an observer contribution fee of EUR 2 300 per vessel per year. 

5. 

All  the  fees,  except  the  observer  contribution  fee,  shall  be  paid  into  the  Kiribati 
Government account No 1 in accordance with Article 2(7) of the Protocol, clear of 
any deductions. 

6. 

7. 

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  15  working  days  of  receipt  of  all  the  documents  referred  to  in 
point 4 by the Ministry responsible for fisheries in Kiribati. The electronic copy will 
be replaced by the paper form once received. 

Fishing authorisations shall be issued for specific individual vessels 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 competent Kiribati authorities via the Delegation. 

The  new  fishing  authorisation  shall  take  effect  on  the  day  the  Ministry  responsible 
for fisheries in Kiribati 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. 

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8. 

9. 

1. 

2. 

3. 

4. 

5. 

The fishing authorisation must be kept on board the vessel 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  Kiribati  authorities,  is  a  valid  document  and  shall  constitute  sufficient 
evidence for purpose of surveillance, monitoring and 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 Kiribati EEZ, as specified in Paragraph 1 of this section. 

Section 3 
Fishing Authorisation Conditions – Fees and Advance Payments 

Fishing authorisations shall be valid for one year. They may be renewed on an annual 
basis.  Renewal  of  fishing  authorisations  shall  be  subject  to  number  of  available 
fishing opportunities established by the Protocol. 

The  fishing  authorisation  fee  shall  be  EUR  35  per  tonne  caught  within  the  Kiribati 
EEZ. 

Fishing authorisations shall be issued once the following standard amounts have been 
paid  by  shipowners  to  the  Kiribati  Government  account  No  1  in  accordance  with 
Article 2(7) of the Protocol: 

(a) 

EUR 131 250 per tuna seiner vessel; and 

(b) 

EUR 15 000 per surface long-liner; 

To the amount indicated in paragraph 3 of this section it should be added a special 
contribution  for  fishing  authorisation  to  be  paid  by  shipowners  to  the  Kiribati 
Government  account  No  1  in  accordance  with  Article  2(7)  of  the  Protocol  in  the 
amount of EUR 300 000 per tuna seiner vessel, 

The  final  statement  of  the  fees  due  for  the  fishing  year  shall  be  drawn  up  by  the 
European  Commission  by  30  June  each  year  for  the  amounts  caught  during  the 
calendar 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).  

6. 

The fee statement drawn up by the European Commission shall be transmitted to the 
Ministry responsible for fisheries in Kiribati for verification and approval.  

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The  Kiribati  authorities  may  question  the  fee  statement  within  30  days  from  the 
invoice  of  the  statement  and,  in  case  of  disagreement,  request  a  special  meeting  of 
the Joint Committee, as foreseen under Article 9, paragraph 2 of the Agreement. 

If  no  objections  are  raised  within  30  days,  the  fee  statement  will  be  considered 
accepted by Kiribati Authorities.  

7. 

The final fee statement shall be notified, without delay, to the Ministry responsible 
for fisheries in Kiribati, the Delegation, and the ship-owners.  

8. 

9. 

1. 

2. 

3. 

Any additional payments shall be made by the ship-owners to the competent Kiribati 
authorities  within  forty-five  (45)  days  from  notification  of  the  confirmed  final 
statement into the Kiribati Government account No 1 in accordance with Article 2(7) 
of the Protocol, cleared of any deductions.  

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. 

If  the  fishing  opportunities  will  be  reduced  due  to  the  new  closure  of  a  substantial 
part of the Kiribati EEZ, the shipowner's fee may be adjusted proportionately and pro 
rata  temporis  after  the  consultation  between  the  both  parties  within  the  Joint 
Committee. 

CHAPTER II 
FISHING ZONES AND ACTIVITY 

Section 1 
Fishing Zones 

The vessels referred to in Article 1 of the Protocol shall be authorised to engage in 
fishing activities within the Kiribati EEZ except in such areas which are designated 
as protected or prohibited areas indicated by the chart 83005-FLC and in accordance 
with the laws and regulations of Kiribati.  

Kiribati shall communicate to the European Commission any modification to the said 
protected or prohibited areas as soon as it is adopted. 

In any case, all fishing shall not be permitted within the 12 nautical miles from the 
base line and within 1 nautical mile radius of any anchored fish-aggregating device 
(FAD),  for  which  notification  of  its  location  shall  be  given  by  geographical 
coordinates  by  any  other  citizen  or  entity.  As  regards  purse  seine  vessels  in 
particular,  fishing  is  prohibited  within  60  nautical  miles  from  the  baselines  of  the 
islands of Tarawa, Kanton and Kiritimati and from any submerged reef as depicted in 
the charts in Paragraph 1 above. 

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1. 

2. 

3. 

4. 

5. 

1. 

2. 

3. 

4. 

Section 2 
Fishing Activities 

Only  fishing  for  species  defined  in  Article  1  of  the  Protocol  shall  be  permitted  by 
purse seine  and longline vessels. Any incidental  by-catch of a species  of  fish other 
than those defined in Article 1 of the Protocol shall be reported to Kiribati authorities 
in accordance with Chapter III of this Annex. 

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

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

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. 

CHAPTER III 
MONITORING 

Section 1 
Catch Recording Arrangements 

Masters  of  vessels  shall  record  in  their  fishing  logsheet  the  information  listed  in 
Appendix  IIIA  and  IIIB.  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  endeavour  to  seek  agreement  for  the  purposes  of 
promoting  the  introduction  of  catch  data  on  systems  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 Kiribati EEZ shall be recorded in the 
logsheet immediately after entry in and departure from Kiribati EEZ. 

For  incidental  by-catch  of  species  other  than  those  defined  in  Article  1  of  the 
Protocol, 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 of the vessel or was returned to the sea. 

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5. 

1. 

2. 

The logsheets shall be filled in legibly on a daily basis and signed by the master of 
the vessel no later than 23:59H of each day. 

Section 2 
Catch Reporting 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 exiting the Kiribati EEZ; 

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

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

All  European  Union  vessels  authorised  to  fish  in  the  Kiribati  EEZ  under  the 
Agreement  shall  report  their  catches  to  the  Ministry  responsible  for  fisheries  in 
Kiribati in the logsheet by the following manner: 

(a) 

(b) 

All signed logsheets shall be sent through Fisheries Monitoring Centre of Flag 
Member  States  to  the  Fisheries  Monitoring  Centre  of  Kiribati  and  to  the 
European Commission by electronic or other means, within 5 days after each 
landing or transhipment operation,  

The Master of the vessel shall send weekly catch report with information listed 
in Appendix IV Part 3 to the Ministry responsible for fisheries in Kiribati and 
to  the  European  Commission  by  electronic  or  other  means.  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  Ministry  responsible  for  fisheries  in 
Kiribati at least 24 hours in advance of their intention to enter and immediately 
upon departure from the Kiribati EEZ. As soon as the vessels enter the Kiribati 
EEZ, they shall inform the Ministry responsible for fisheries in Kiribati by fax 
or  e-mail  in  accordance  with  the  specimen  provided  in  Appendix  IV  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  IV.  These  communications  shall  be  made  by 
fax, e-mail or radio. 

4. 

5. 

Vessels  found  to  be  fishing  without  having  informed  the  Ministry  responsible  for 
fisheries in Kiribati 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 Kiribati authorities with delivery of the fishing authorisation. 

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6. 

1. 

2. 

3. 

4. 

5. 

1. 

2. 

3. 

Each  European  Union  vessel  shall  make  the  logsheets  and  Catch  Reports 
immediately  available  for  inspection  by  enforcement  officers  and  other  individuals 
and entities clearly identified by an approved identity card confirming the inspector 
as authorized by Kiribati authorities to carry out boarding and inspection procedures. 

Section 3 
Vessel Monitoring System (VMS) 

Each  European  Union  vessel  shall  be  required  to  comply  with  the  FFA  Vessel 
Monitoring  System  (FFA  VMS)  currently  applicable  in  the  Kiribati  EEZ  when 
operating  in  the  Kiribati  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 
Kiribati authorities in its utilization (see details in Appendix V). 

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

All  data  transmitted  to  the  Kiribati  FMC  can  only  be  used  for  control  purposes  in 
Kiribati EEZ. The VMS data cannot be forwarded, sold, offered or transmitted in any 
form to a third entities for control or any other purpose outside Kiribati EEZ. 

The  previous  paragraph  does  not  apply  in  the  context  of  WCPFC  obligations 
regarding MCS activities on the high seas of the WCPFC Convention Area. 

Section 4 
Landing 

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

The  owners  of  such  vessels  must  notify  the  following  information  to  the  Ministry 
responsible  for  fisheries  in  Kiribati  and  to  the  FMC  Flag  Member  State  at  least  48 
hours in advance in accordance to the specimen provided in Appendix IV Part 4. If 
landings  occur  in  a  port  outside  EEZ  of  Kiribati,  notification  shall  be  made  on  the 
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 
a Kiribati port shall allow and facilitate the inspection of such operations by Kiribati 
authorised  officers.  Once  the  inspection  has  been  completed,  a  certificate  shall  be 
issued to the Captain of the vessel. 

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1. 

2. 

3. 

4. 

5. 

6. 

1. 

2. 

Section 5 
Transhipment 

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

The  owners  of  such  vessels  must  notify  the  following  information  to  the  Ministry 
responsible for fisheries in Kiribati 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 Ministry responsible for fisheries in Kiribati and state 
whether they intend to continue fishing or leave the Kiribati EEZ. 

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

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

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

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 2 Paragraph 4(f) into the Kiribati Government Account No 4. 

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

A. For purse seine vessels: 

European Union purse seine vessels shall carry at all times an observer from either 
Kiribati  Fisheries  Observer  Program  authorised  under  the  WCPFC  Regional 
Observer  Program  (WCPFC  ROP),  or  an  observer  authorised  by  the  WCPFC 
Regional  Observer  Program  (WCPFC  ROP)  or  an  IATTC  observer  authorised 
through  the  Memorandum  of  Understanding  agreed  between  the  WCPFC  and  the 
IATTC  on  the  cross-endorsement  of  approved  observers  while  operating  in  the 
Kiribati  EEZ.  The  ship-owners  concerned,  or  their  agents,  shall  inform,  as  soon  as 
possible, the Ministry responsible for fisheries in Kiribati of the name of the observer 
and under which programme he is authorised. 

B. For longline vessels: 

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(a) 

(b) 

(c) 

(d) 

The Ministry responsible for fisheries in Kiribati shall determine each year the 
scope of the programme for observation on board on the basis of the number of 
vessels  authorised  to  fish  in  Kiribati  EEZ,  and  the  state  of  the  resources 
targeted by those vessels. The Ministry shall determine accordingly the number 
or percentage of vessels which shall be required to take an observer on board. 
This shall be based on the WCPFC ROP programme and the observer coverage 
shall respect that provided for in this program in the Kiribati EEZ. 

The Ministry responsible for fisheries in Kiribati shall draw up a list of vessels 
designated  to  take  an  observer  on  board  and  a  list  of  authorised  observers  as 
defined in subparagraph 2 A. 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  ship-owner  concerned,  or  his  agent,  shall  take  the  necessary  steps  to 
respect  the  requirements  set  out  by  Kiribati  in  accordance  with  (a)  and  (b) 
above and shall inform the Ministry responsible for fisheries in Kiribati no later 
than  fifteen  (15)  days  before  the  observer’s  planned  embarkation  date,  of  his 
intentions to take on board an authorised observer whose name shall be notified 
as soon as possible thereafter. 

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

3. 

4. 

5. 

Subject to the provisions of this Chapter, Paragraph 2A, the ship-owners concerned 
shall  make  known  at  which  Kiribati  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 Kiribati on board leave the 
Kiribati EEZ, all measures must be taken to ensure the observer's return to Kiribati 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) 

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; 

(d) 

note the fishing gear used; 

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(e) 

(f) 

(g) 

verify the catch data for Kiribati 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; 

report fishing data once a week by radio or other means, 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 Kiribati EEZ and shall do everything in their power to 
ensure  the  physical  safety  and  welfare  of  observers  during  performance  of  their 
duties: 

(a) 

(b) 

(c) 

(d) 

(e) 

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; 

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

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

Observers shall be allowed to gather any other information relating to fisheries 
in the Kiribati 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.  

9. 

While on board, observers have the right to: 

(a) 

Full  access  to  and  use  of  all  facilities  and  equipment,  respecting  all  rules  of 
procedure and operation of the equipment of the vessel which the observer may 
determine  as  necessary  to  carry  out  his  or  her  duties,  including  full  access  to 
the  bridge,  fish  on  board,  and  areas  which  may  be  used  to  hold,  process, 
weight, and store fish; 

(b) 

Freedom to carry out their duties without being assaulted, obstructed, resisted, 
delayed, intimidated or interfered with in the performance of their duties; 

10. 

Observer Reporting: 

(a) 

At the end of the observation period regardless if the fishing trip has ended or 
not  according  to  the  definition  provided  in  the  Paragraph  1  of  Section  2  of 

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Chapter III of this Annex, once the observer is disembarked and debriefed by 
the Observer Provider, a Final Report describing all fishing activity, including 
non-compliance issues, shall be drawn up and forwarded by the provider to the 
vessel owner and/or its representatives with copies to the Delegation in order to 
enable the master of the concern fishing vessel to make any comments. 

Notwithstanding  the  provisions  in  part  10  a)  above,  once  the  Observer  is 
disembarked,  a  Preliminary  Report  with  a  summary  of  the  fishing  activity 
including any non-compliance issues, shall be made available to the master of 
the fishing vessel or to the vessel owner or its representatives for comments, by 
the Observer Provider; 

The observer provider shall ensure the submission of the Final Observer Report 
to the European Commission, the competent authority of the flag state and the 
ship-owner  or  its  representatives.  This  submission  shall  not  be  in  any  case 
more than 30 working days after the disembarkation of the observer. 

(b) 

(c) 

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  Kiribati 
Authorities when the vessel is operating in the Kiribati EEZ. 

CHAPTER V 
CONTROL AND ENFORCEMENT 

Section 1 
Vessel Identification 

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

The 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. 

Kiribati 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) 

The contrasting colours shall be white and black; and 

11. 

12. 

1. 

2. 

3. 

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(b) 

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. 

4. 

5. 

6. 

Any  vessel  not  displaying  its  name  and  radio  call  sign  or  signal  letters  in  the 
prescribed manner may be escorted to a Kiribati 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 of Kiribati Authorities. 

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 Kiribati 

1. 

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

International Signal Code – Meaning: 

L …………………………..Stop immediately 

SQ3 ……………………….Stop or slow down, I wish to board your vessel 

QN ………………………..Lay your vessel along the star board side of our vessel 

QN1 ………………………Lay your vessel along the port side of our vessel 

TD2 .……………………...Are you a fishing vessel? 

C ………………………….Yes 

N ………………………….No 

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

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

2. 

3. 

Kiribati 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. 

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

Section 5 
Control Procedures 

1. 

2. 

3. 

4. 

5. 

6. 

7. 

Captains  or  masters  of  European  Union  vessels  engaged  in  fishing  activities  in  the 
Kiribati EEZ shall allow and facilitate boarding and the discharge of their duties by 
any  Kiribati  authorized officer responsible  for  the  inspection  and  control  of  fishing 
activities at any time within the Kiribati EEZ. 

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. 

Authorised  officers  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 officers to make notation on any permit issued by Kiribati Authorities or 
other documentation required under the Agreement. 

The  captain  or  master  shall  immediately  comply  with  all  reasonable  instructions 
given by the authorized officers, 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  officer  in  the  performance  of 
duties. 

These  officers  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, Kiribati 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 Kiribati laws 
and regulations. The European Commission shall be informed thereof. 

EN 

24 

   EN 

 
8. 

9. 

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

Kiribati 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 authorised officers 
of  Kiribati  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. 

Section 6 
Arrest Procedure 

1. 

Arrest of fishing vessels 

(a) 

(b) 

The Ministry responsible for fisheries in Kiribati shall inform the Delegation, 
within  24  hours,  of  all  arrests  and  penalties  imposed  on  European  Union 
vessels in the Kiribati EEZ. 

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

CHAPTER VI 
ENVIRONMENTAL RESPONSIBILITY 

European  Union  vessels  recognize  the  need  to  preserve  the  fragile  (marine) 
environmental  conditions  of  the  lagoons  and  atolls  of  Kiribati  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. The European Union shall comply 
with provisions of the Kiribati Environment Act. 

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 Kiribati EEZ, European Union vessels shall report such activity to Kiribati 
authorities.  

CHAPTER VII 
CREWING  

Each European Union vessel fishing under the Agreement shall undertake to employ 
at least three Kiribati seamen as a crew-member. Shipowners shall endeavour to take 
on board additional Kiribati seamen.  

The ship-owners shall pay EUR 600 per month per crew as a waiver fee if unable to 
employ Kiribati crew on board its licensed vessels as defined in Paragraph 1 above. 
The  payment  shall  be  made  by  shipowners  annually  to  the  Kiribati  Government 
account No 4. 

1. 

2. 

1. 

2. 

EN 

25 

   EN 

 
3. 

4. 

5. 

6. 

7. 

8. 

1. 

2. 

3. 

Ship-owners shall be free to select the seamen they take on board their vessels from 
the names on a list submitted by the Ministry responsible for fisheries in Kiribati. 

The  ship-owner  or  agent  shall  inform  the  Ministry  responsible  for  fisheries  in 
Kiribati  of  the  names  of  Kiribati  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  elimination  of 
discrimination in respect of employment and occupation. 

to  collective  bargaining,  and 

the  right 

Kiribati  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  Ministry 
responsible for fisheries in Kiribati. These contracts shall guarantee the seamen the 
social  security  cover  applicable  to  them,  including  life  insurance  and  sickness  and 
accident insurance. 

Kiribati 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 Ministry responsible for fisheries in Kiribati. However, the wage 
conditions  granted  to  Kiribati  seamen  shall  not  be  lower  than  those  applied  to 
Kiribati 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 Kiribati 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  Kiribati  Authorities  for 
Kiribati  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 2 Paragraph 4(e) of this Annex. 

In the event a European Union vessel is involved in a maritime accident or incident 
in  Kiribati,  resulting  in  polluting  and  damages  of  any  kind  to  the  environment,  to 
property  or  to  any  person,  the  vessel  and  the  operator  shall  immediately  notify 
Kiribati  Authorities.  Shall  the  European  Union  vessel  be  responsible  for  above 
mentioned  damages,  the  vessel  and  operator  are  liable  to  pay  for  the  costs  of  the 
aforementioned damages. 

EN 

26 

   EN 

 
I. REPUBLIC OF KIRIBATI REGISTER OF FISHING VESSEL APPLICATION FORM 

APPENDICES 

II. APPLICATION FORM FOR A FISHING AUTHORISATION 

III A. SPC/FFA REGIONAL PURSE-SEINE LOGSHEET 

III B. SPC/FFA REGIONAL LONGLINE LOGSHEET 

IV. REPORTING DETAILS 

V. VMS PROTOCOL 

VI. LIST OF DESIGNATED PORTS 

VII. GEOGRAPHICAL COORDINATES OF KIRIBATI FISHING ZONE 

VIII. DETAILS OF KIRIBATI FMC 

EN 

27 

   EN 

 
Republic of Kiribati Register of Fishing Vessel Application Form 

APPENDIX I. 

Fisheries Licence & Enforcement Unit, 

PO. Box 64, Bairiki, 

Republic of Kiribati 

Tel:(686) 21099 

Fax: (686) 21120 

E-mail:flue@mfmrd.gov.ki 

INSTRUCTIONS: 

• 

• 

• 

• 

• 

• 

Underline surname. 

Address means complete mailing address. 

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

All units Metric; specify units if other systems used. 

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

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

The Director of Fisheries, 

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

Name of vessel ________________________________Apply Date _____ / __ /___  

(dd/mm/yy) 

If this vessel was registered before, specify: 

Old vessel name ________________________________ Old call sign ________________________  

Old registration number ________________________________________  

Vessel Owner: 

Vessel Operator: 

Name __________________________________________ Name _______________________________  

Address ________________________________________ Address _____________________________  

________________________________________ 

__________________________ 

________________________________________ 

__________________________ 

Tel. ___________________________________________ Tel._________________________________  

Fax. ___________________________________________ Fax _________________________________  

Country of Registration_________________________________________________________________  

EN 

28 

   EN 

 
 
Country of Registration Number__________________________________________________________  

International Radio Call sign ____________________________________________________________  

Onboard Telephone No____________________________ Onboard Telex No _____________________  

Home Port ___________________________________ Country ________________________________  

Operational Base(s): 

Port 1__________________________________________ Country1 ____________________________  

Port 2__________________________________________ Country 2 ____________________________  

Vessel Master: 

Fishing Master (Fish Captain): 

Name ________________________________________Name  

Date of Birth _______ / _____ /____ Date of Birth 

/ _ / ____________  

(dd/mm/yy) 

(dd/mm/yy) 

Social Security No. _______________________________ Social Security No. ____________________  

Nationality______________________________________ Nationality___________________________  

Residence Address _______________________________ Residence Address ____________________  

________________________________________ 

_____________________________ 

Vessel Type: 

Single Purse 

Group Purse Seiner 

Purse Seine Carrier 

Support Craft 

 

 

 

 

Seiner Longliner 

Pole and Liner 

Longline Reefer 

Bunker 

 

 

 

 

If other, specify_______________________________________________ 

Usual Number of Crew____________ 

State(s) of Authorised Area of Operation __________________________________ 

Hull Material : 

Steel 

 

Wood 

 

FRP   

Aluminium 

 

If other, specify_______________________________________________________ 

Year Built ______________________________________ Place Built ___________________________ 

Gross Tonnage __________________________________ Overall Length________________________ 

Main Engine(s) Power (specify units)________________________________________ 

EN 

29 

   EN 

 
 
 
 
 
 
 
Maximum Fuel Carrying Capacity ______________________________ Kilolitres/Gallons 

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

Method 

Capacity 

Temperature 

Brine (NaCl) 

Brine (CaCl) 

Air (Blast) 

Air (Coils) 

Br 

CB 

BF 

RC 

Metric tons/day 

(C) 

____________  ___________ 

____________  ___________ 

____________  ___________ 

____________  ___________ 

If other, specify: 

________ 

____________ 

___________ 

Storage Capacity (more than one, if appropriate): 

Method 

Ice 

Refrigerated Sea Water 

Brine (NaCl) 

Brine (CaCl) 

Air (Coils) 

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

A. For Purse Seine Vessels: 

IC 

RW 

BR 

CB 

RC 

Capacity 

Temperature 

Cubic Meters 

(C) 

_____________ 

____________ 

_____________ 

____________ 

_____________ 

____________ 

_____________ 

____________ 

_____________ 

____________ 

Helicopter Reg. No. ______________________________ Helicopter Model_______________________  

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

Power Block Net Pull ______________________________________ Kilos 

Purse Winch Bare Drum Line Pull ____________________________ Metres per minute 

Doppler Current Meter Present? 

Y  /  N 

(please circle your response) 

Bird Radar Present? 

Y  /  N 

(please circle your response) 

Number of Wells: 

Stern________________ 

Storage Capacity _________St/Mt 

Bow________________ 

Storage Capacity __________St/Mt 

Support Craft: 

Skiff Length_______________ 

Metre/Feet Power of Engine _________HP/PS 

EN 

30 

   EN 

 
 
 
 
 
 
Speed Boat 1 Length ________ 

Metre/Feet Power of Engine _________HP/PS 

Speed Boat 2 Length_________ 

Metre/Feet Power of Engine _________HP/PS 

Speed Boat 3 Length ________ 

Metre/Feet Power of Engine _________HP/PS 

B. For Longline Vessels: 

Maximum Number of Baskets _________________ 

Main Line Length in Km 

Maximum Number of Hooks __________________ 

Main Line Material __________________________ 

Line Shooter Present? 

Y  /  N 

(please circle your response) 

C. For Support Craft: 

Activities (more than one, if appropriate) 

Light Boat 

Anchor Boat 

 

 

Scouting Boat 

Aircraft 

 

 

If other, specify ____________________________________________________________________  

Fishing Vessel(s) Supported __________________________________________________________  

________________________________________________________________________________  

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

Applicant: 

Name _______________________________ Signature _______________________________________  

OWNER   

CHARTER 

 

AUTHORISED AGENT_____ 

Address 

___________________________________________________________________________________  

___________________________________________________________________________________  

___________________________________________________________________________________  

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

EN 

31 

   EN 

 
 
 
 
 
 
 
APPENDIX II. 

1. 

2. 

3. 

4. 

5. 

6. 

7. 

8. 

9. 

10 

11. 

12. 

13. 

14. 

15. 

16. 

17. 

18. 

19. 

20. 

21. 

22. 

APPLICATION FORM FOR A FISHING AUTHORISATION 

New application or renewal : 

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(Stamp and signature of ship-owner) 

(Date) 

EN 

32 

   EN 

 
NAME OF VESSEL 

NAME OF FISHING COMPANY 

COUNTRY OF REGISTRATION 

SPC/FFA REGIONAL PURSE-SEINE LOGSHEET 

APPENDIX III A 

FISHING PERMIT OR LICENCE NUMBER(S) 

PAGE_____________OF _____________ 

YEAR 

REGIONAL 

FFA 
NUMBER 
FFA TYPE APPROVED ALC (Y/N)? 

REGISTER 

NUMBER OF FADS USED 

TENDER VESSELS USED ?(Y/N) 

NAME OF AGENT IN PORT OF UNLOADING 

PORT OF DEPARTURE 

PORT OF UNLOADING 

AND 

TIME 

DATE 
DEPARTURE 
AMOUNT  OF  FISH  ONBOARD 
AT START OF TRIP 

OF 

DATE AND TIME OF ARRIVAL IN PORT 

AMOUNT OF FISH ONBOARD AFTER UNLOADING 

REGISTRATION NUMBER IN COUNTRY OF REGISTRATION 

INTERNATIONAL  RADIO  CALL 
SIGN 

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

01.00 UTC OR SET POSITION 

RETAINED CATCH 

DISCARDS 

MONT
H 

DA
Y 

ACTIVIT
Y CODE 

LATITUDE 
DDMM.MMM 

N 
S 

LONGITUDE 
DDMM.MMM 

E 
W 

SCHOOL 
ASSOC 
CODE 

SET 
START 
TIME 

SKIPJACK 
WEIGHT 

YELLOWFIN 
WEIGHT 

BIGEYE  
WEIGHT 

OTHER SPECIES 

NAME  

WEIGHT 

WELL 
NUMBER
S 

TUNA SPECIES 

OTHER SPECIES 

NAME 

WEIGHT 

CODE 

NAME 

NUMBER 

WEIGHT 

ACTIVITY CODES 
RECORD ALL SETS 
IF NO FISHING SET MADE IN A DAY  
RECORD THE MAIN ACTIVITY FOR  
THAT DAY 
1 FISHING SET 
2 SEARCHING 
3 TRANSIT 
4 NO FISHING – BREAKDOWN 
5 NO FISHING – BAD WEATHER 
6 IN PORT – SPECIFY 
7 NET CLEANING SET 
10 DEPLOYING OR RETRIEVING RAFT, 

FAD OR PAYAO  

SCHOOL ASSOCIATION CODES 
1 UNASSOCIATED 
2 FEEDING ON BAITFISH 
3 DRIFTING LOG, DEBRIS OR  
  DEAD ANIMAL 
4 DRIFTING RAFT, FAD OR PAYAO 
5 ANCHORED RAFT, FAD OR PAYAO 
6 LIVE WHALE 
7 LIVE WHALE SHARK 
8 OTHER 
TUNA DISCARD CODES 
1 FISH TOO SMALL 
2 FISH DAMAGED 
3 VESSEL FULLY LOADED 
4 OTHER REASON 

PAGE TOTAL 
TRIP TOTAL 

START DATE 

END DATE 

CANNERY OR VESSEL AND DESTINATION 

INTERNATIONAL  RADIO 
CALL SIGN 

SKIPJACK 

YELLOWFIN 

BIGEYE 

MIXED 

UNLOADINGS TO CANNERY, COLD STORAGE, CARRIER OR OTHER VESSEL 

NAME OF CAPTAIN 

SIGNATURE OF CAPTAIN  

DATE 

EN 

33 

EN 

 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
NAME OF VESSEL 

NAME OF FISHING COMPANY 

COUNTRY OF REGISTRATION 

REGISTRATION 
REGISTRATION 

NUMBER 

IN 

COUNTRY 

OF 

FFA  REGIONAL  REGISTER 
NUMBER 
FFA  TYPE  APPROVED  ALC 
(Y/N)? 
INTERNATIONAL  RADIO  CALL 
SIGN 

SPC/FFA REGIONAL LONGLINE LOGSHEET 

FISHING PERMIT OR LICENCE NUMBER(S) 

PAGE_____________OF _____________ 

YEAR 

NAME OF AGENT IN PORT OF UNLOADING 

PORT OF DEPARTURE 

DATE AND TIME OF DEPARTURE 

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

PORT OF UNLOADING 

DATE AND TIME OF ARRIVAL IN PORT 

PRIMARY TARGET SPECIES 

NUMBER OF HOOKS BETWEEN FLOATS  

APPENDIX III B 

01.00 UTC OR SET POSITION 

ALBACORE 

BIGEYE 

YELLOWFIN 

SHARK 

STRIPED 
MARLIN 

BLUE 
MARLIN 

SWORDFIS
H 

OTHER SPECIES 

MON
TH 

DA
Y 

ACTIVIT
Y CODE 

LATITUDE 
DDMM. 

N 
S 

LONGITUDE 
DDMM. 

E 
W 

SET 
STAR
T 
TIME 

NUM
BER 
OF 
HOOK
S 

No 
RE
T 

KG 
RET 

No 
DIS
C 

No 
RE
T 

KG 
RE
T 

No 
DIS
C 

No 
RE
T 

KG  
RET 

No 
DIS
C 

No 
RE
T 

No 
DIS
C 

No 
RE
T 

KG
RE
T 

No 
RE
T 

KG 
RE
T 

No 
RE
T 

KG 
RE
T 

NAME 

No 
RE
T 

KG 
RE
T 

ACTIVITY CODES 
1 A SET 
2 A DAY AT SEA BUT NOT FISHED OR TRANSIT 
3 TRANSIT 
4 IN PORT - PLEASE SPECIFY 

PAGE TOTAL 
TRIP TOTAL 

NAME OF CAPTAIN 

SIGNATURE OF CAPTAIN 

DATE 

EN 

34 

EN 

 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
REPORTING DETAILS 

REPORTS TO THE DIRECTOR OF FISHERIES 

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

APPENDIX IV 

1 

Reporting of Entry to the Zone 

24 hours prior to entering the fishery limits: 

(a) 

(b) 

(c) 

(d) 

(e) 

(f) 

(g) 

Report code (ZENT); 

Registration or Licence number; 

Call sign or signal letters; 

Date of entry (DD-MM-YY); 

Time of entry (GMT); 

Position of entry; 

Total Catch on board by weight by species: 

SKIPJACK 

(SJ)___.__(Mt) 

YELLOWFIN 

(YF)___.__(Mt) 

OTHERS 

(OT)___.__(Mt) 

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

2. 

Reporting of Departure from the Zone 

Immediately upon leaving the fishery limits: 

(a) 

(b) 

(c) 

(d) 

(e) 

(f) 

(g) 

- 

- 

- 

Report code (ZDEP); 

Registration or Licence number; 

Call sign or signal letters; 

Date of departure; 

Time of departure (GMT); 

Position of departure; 

Catch on board by weight by species: 

SKIPJACK 

(SJ)___.__(Mt) 

YELLOWFIN 

(YF)___.__(Mt) 

OTHERS 

(OT)___.__(Mt) 

(h) 

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

EN 

35 

   EN 

 
 
 
 
(i) 

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

e.g. 
70:OT-1/14 

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

3. 

Weekly position and catch reporting while within the Zone 

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

(a) 

(b) 

(c) 

(d) 

(e) 

(f) 

- 

- 

- 

Report code (WPCR); 

Registration or Licence number; 

Call sign or signal letters; 

Date of WPCR (DD:MM:YY); 

Reporting position; 

Catch since the last report: 

SKIPJACK 

(SJ)___.__(Mt) 

YELLOWFIN 

(YF)___.__(Mt) 

OTHERS 

(OT)___.__(Mt) 

(g) 

Fishing days since the last report. 

e.g. 

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

4. 

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

At least 48 hours before the vessel enters port: 

(a) 

(b) 

(c) 

(d) 

(e) 

(f) 

(g) 

(h) 

- 

- 

- 

Report code (PENT); 

Registration or Licence number; 

Call sign or signal letters; 

Date of reporting (DD:MM:YY); 

Reporting position; 

Port name; 

Estimated time of arrival (LST) DDMM:hhmm; 

Catch on board by weight by species: 

SKIPJACK 

(SJ)___.__(Mt) 

YELLOWFIN 

(YF)___.__(Mt) 

OTHERS 

(OT)___.__(Mt) 

(i) 

Reason for visiting port 

EN 

36 

   EN 

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

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

5 

Port departure 

Immediately after leaving port: 

(a) 

(b) 

(c) 

(d) 

(e) 

(f) 

(g) 

- 

- 

- 

Report code (PDEP); 

Registration or Licence number; 

Call sign or signal letters; 

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

Port name; 

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

Catch on board by weight by species: 

SKIPJACK 

(SJ)___.__(Mt) 

YELLOWFIN 

(YF)___.__(Mt) 

OTHERS 

(OT)___.__(Mt) 

(h) 

Next destination. 

e.g. 

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

4/FISHING GROUND 

6. 

Entry into or Departure from a Closed (Prohibited) or protected Area 

At least 12 hours before entering and immediately after leaving the closed (prohibited) or protected area: 

(a) 

(b) 

(c) 

(d) 

(e) 

(f) 

(g) 

(h) 

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

Registration or Licence number; 

Call sign or signal letters; 

Date of ENCA or DECA;  

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

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

Speed and course 

Reason for ENCA 

e.g. 

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

/7:320/ENTER PORT 

7. 

Refuelling Notice 

EN 

37 

   EN 

 
At least 24 hours before refuelling from a licensed tanker: 

(a) 

(b) 

(c) 

(d) 

(e) 

(f) 

(g) 

(h) 

(i) 

Report type (FUEL); 

Registration or Licence number; 

Call sign or signal letters; 

Date of reporting (GMT); 

Position of reporting (to one minute of arc) 

Amount of fuel on board (Kilolitres); 

Estimated date of bunkering; 

Estimated position of bunkering; 

name of tanker. 

e.g. 

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

/0131S;17030E/CHEMSION 

8. 

Bunkering Activity Report 

Immediately after refuelling from a licensed tanker. 

(a) 

(b) 

(c) 

(d) 

(e) 

(f) 

(g) 

(h) 

(i) 

Report type (BUNK); 

Registration or Licence number; 

Call sign or signal letters; 

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

Starting position of bunkering; 

Amount of fuel received in kilolitres; 

Ending time of bunkering (GMT); 

Ending position of bunkering 

Name of tanker. 

e.g. 

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

1800Z/0131S;17035E/CRANE PHOENIX 

9 

Transhipment Activity Report 

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

(a) 

(b) 

(c) 

Report type (TSHP); 

Registration or Licence number; 

Call sign or letters; 

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38 

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(d) 

(e) 

(f) 

- 

- 

- 

(g) 

(h) 

Date of discharge (DD-MM-YY); 

Port of discharge; 

Transhipped catch by weight by species; 

SKIPJACK 

SJ) ___.__(Mt) 

YELLOWFIN 

(YF)___.__(Mt) 

OTHERS 

(OT)___.__(Mt) 

Name of reefer carrier; 

Destination of catch. 

e.g. 

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

STAR/PAGO PAGO 

10. 

Completion Report 

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

(a) 

(b) 

(c) 

(d) 

(e) 

(f) 

- 

- 

- 

Report type (COMP); 

Vessel name; 

Licence number; 

Call sign signal letters; 

Date of discharge (DD-MM-YY); 

Discharged catch by species 

SKIPJACK 

(SJ)___.__(Mt) 

YELLOWFIN 

(YF)___.__(Mt) 

OTHERS 

(OT)___.__(Mt) 

(g) 

Name of port. 

e.g. 

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

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VMS Protocol  

APPENDIX V 

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

1. 

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

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

The  Kiribati  authorities  shall  transmit  this  information  in  electronic  form,  expressed  in 
decimal degrees (DD.DDD) in the geodesic system WGS 84. 

The parties shall exchange information on addresses and the specifications for electronic data 
transmission  between  their  Fisheries  Monitoring  Centres  (FMC)  in  accordance  with 
Paragraphs 5 to 7 of this Appendix. Such information shall include the following where they 
exist: names, telephone, telex and fax numbers, and e-mail addresses, which may be used for 
general communications between FMCs. 

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  subject  of  satellite  tracking 
pursuant  to  European  Union  legislation  enters  the  Kiribati  EEZ,  the  subsequent  position 
reports  (date,  time,  vessel  identification,  longitude,  latitude,  course  and  speed)  shall  be 
transmitted  immediately  by  the  FMC  to  the  Kiribati  Fisheries  Monitoring  Centre  (FMC)  at 
intervals of no more than three hours. 

The first POS report from a vessel detected to be inside the Kiribati EEZ shall be identified as 
ENTRY (ENT). These messages will have the format established in Table 1. 

The  subsequent  POS  reports  from  a  vessel  while  inside  Kiribati  EEZ  shall  be  identified  as 
POSITION (POS). These messages will have the format established in Table 2. 

The first POS report from a vessel detected to be outside the Kiribati Fishing Zone shall be 
identified as EXIT (EXI). These messages will have the format established in Table 3. 

The  messages  specified  at  part  4  of  this  Appendix  shall  be  transmitted  electronically  in  the 
format established therein, without any further protocol. They shall be communicated in near-
real time with the contents set out in Tables 1, 2 and 3. 

Where  the  Mobile  Tracking  Unit  (MTU)  installed  on  board  a  fishing  vessel  develops  a 
technical fault or breaks down, the master of the vessel shall transmit the information specified 
at part 4 of this Appendix manually or by other means to the FMC of the flag State and the 
Kiribati  FMC  in  good  time.  It  will  be  necessary  in  those  circumstances  to  send  a  global 
position report every eight hours. This global position report shall include the position reports 

2. 

3. 

4. 

5. 

6. 

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as  recorded  by  the  master  of  the  vessel  on  a three-hourly  basis  in  accordance  with  the 
requirements laid down in part 4 of this Appendix. 

The  faulty  equipment  shall  be  repaired  or  replaced  within  a  period  of  not  more  than  one 
month. After this deadline, the vessel in question must leave the Kiribati EEZ.  

The FMC of the flag States shall monitor the movements of their vessels in Kiribati EEZ. If 
the vessels are not being monitored in accordance with the conditions laid down, the Kiribati 
FMC shall be informed immediately when this is discovered and the procedure laid down at 
part 6 of this Appendix shall be applicable. 

If the Kiribati FMC establishes that the flag State is not transmitting the information specified 
in part 4 of this Appendix, the European Commission shall be informed immediately. 

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

7. 

8. 

9. 

10. 

The MTU 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 
MTU shall be prohibited. 

Masters shall ensure that: 

– 

– 

– 

– 

data transmitted by the MTU are not altered in any way; 

the antenna or antennas connected to the MTU equipment are not obstructed or tampered 
in any way; 

the power supply of the MTU equipment is not interrupted in any way; and 

the MTU equipment is not moved or removed from the vessel. 

11. 

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. 

12. 

The parties agree to review these provisions, when required. 

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COMMUNICATION OF VMS MESSAGES TO KIRIBATI 

POSITION REPORT 

Table 1. ″ENTRY″ message 

Data Element: 

Field 

Mandatory / 

Remarks: 

Code: 

Optional 

Start Record 

Address 

From 

Record Number 

Record Date 

Record Time 

SR 

AD 

FR 

RN 

RD 

RT 

Type of Message 

TM 

Vessel Name 

External  Registration 

Number 

Radio Call Sign 

Master name 

Internal Reference 

Number 

Latitude 

Longitude 

Speed 

Course 

Date 

NA 

XR 

RC 

MA 

IR 

LT 

LG 

SP 

CO 

DA 

M 

M 

M 

O 

O 

O 

M 

O 

O 

M 

M 

M 

M 

M 

M 

M 

M 

System detail; indicates start of record 

Message detail; destination Party Alfa-3 ISO country code 

Message  detail;  the  transmitting  Party  Alfa-3  ISO  country 

code 

Message detail; serial number of the record in the relevant year 

Message detail; date of transmission 

Message detail; time of transmission 

Message detail; message type, “ENT”  

Name of the vessel 

Vessel detail; the side number of the vessel 

Vessel detail; international radio call sign of the vessel 

Name of the master of the vessel 

Vessel detail. Unique Party vessel number as Alfa-3 ISO flag 

country code followed by number 

Position detail; position ± 99.999 (WGS-84) 

Position detail; position ±999.999 (WGS-84) 

Position detail; Vessel speed in tenths of knots 

Position detail; Vessel course 360 ° scale 

Position detail; UTC date of position (YYYYMMDD) 

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Time 

End of Record 

TI 

ER 

M 

M 

Position detail; UTC time of position (HHMM) 

System detail; indicates end of the record 

Table 2. ″POSITION″ message/report 

Data Element: 

Field 

Mandatory 

Remarks: 

/Optional 

Code: 

Start Record 

Address 

From 

Record Number 

Record Date 

Record Time 

Type of Message 

Vessel Name 

SR 

AD 

FR 

RN 

RD 

RT 

TM 

NA 

External  Registration 

XR 

Number 

Radio Call Sign 

Master name 

Internal Reference 

Number 

Latitude 

Longitude 

Activity 

RC 

MA 

IR 

LT 

LG 

AC 

M 

M 

M 

O 

O 

O 

M 

O 

O 

M 

M 

M 

M 

M 

O 6 

System detail; indicates start of record 

Message detail; destination Party Alfa-3 ISO country code 

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

Message detail; serial number of the record in the relevant year 

Message detail; date of transmission 

Message detail; time of transmission 

Message detail; message type, “POS”5 

Name of the vessel 

Vessel detail; the side number of the vessel 

Vessel detail; international radio call sign of the vessel 

Name of the master of the vessel 

Vessel detail. Unique Party vessel number as Alfa-3 ISO flag country 

code followed by number 

Position detail; position ± 99.999 (WGS-84) 

Position detail; position ±999.999 (WGS-84) 

Position detail; “ANC” indicating reduced reporting mode 

5 

Type of message shall be “MAN” for reports communicated by vessels with a defective satellite tracking device. 

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Speed 

Course 

Date 

Time 

End of Record 

SP 

CO 

DA 

TI 

ER 

M 

M 

M 

M 

M 

Position detail; Vessel speed in tenths of knots 

Position detail; Vessel course 360 ° scale 

Position detail; UTC date of position (YYYYMMDD) 

Position detail; UTC time of position (HHMM) 

System detail; indicates end of the record 

1 
2 

Type of message shall be “MAN” for reports communicated by vessels with a defective satellite tracking device. 
Applicable only if the vessel is transmitting POS messages at a reduced frequency. 

Table 3. ″EXIT″ message 

Data Element: 

Field 

Mandatory / 

Remarks: 

Code: 

Optional 

Start Record 

Address 

From 

Record Number 

Record Date 

Record Time 

Type of Message 

Vessel Name 

SR 

AD 

FR 

RN 

RD 

RT 

TM 

NA 

External  Registration 

XR 

Number 

Radio Call Sign 

Master name 

Internal Reference 

Number 

Date 

RC 

MA 

IR 

M 

M 

M 

O 

O 

O 

M 

O 

O 

M 

M 

M 

System detail; indicates start of record 

Message detail; destination Party Alfa-3 ISO country code 

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

Message detail; serial number of the record in the relevant year 

Message detail; date of transmission 

Message detail; time of transmission 

Message detail; message type, “EXI”  

Name of the vessel 

Vessel detail; the side number of the vessel 

Vessel detail; international radio call sign of the vessel 

Name of the master of the vessel 

Vessel detail. Unique Party vessel number as Alfa-3 ISO flag country 

code followed by number 

DA 

M 

Position detail; UTC date of position (YYYYMMDD) 

6 

Applicable only if the vessel is transmitting POS messages at a reduced frequency. 

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Time 

End of Record 

TI 

ER 

M 

M 

Position detail; UTC time of position (HHMM) 

System detail; indicates end of the record 

4) Format details 

Each message in a data transmission is structured as follows: 

– 

– 

– 

– 

– 

– 

double slash (//) and the character “SR” indicates the start of a message, 

a double slash (//) and field code indicates the start of a data element,  

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

pairs of data are separated by space 

the character ER and a double slash (//) indicate the end of the record. 

Character set. ISO 8859.1 

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APPENDIX VI 

Designated ports are: 

- Tarawa 

- Kiritimati 

List of Designated Ports 

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GEOGRAPHICAL COORDINATES OF KIRIBATI FISHING ZONE 

1. 

Kiribati authorities will communicate the geographical coordinates of the Kiribati EEZ (chart 
83005-FLC)  to  the  EU  by  the  30th  day  following  the  day  on  which  the  Protocol  comes  into 
effect. 

APPENDIX VII 

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Name of FMC: Fisheries Licensing and Enforcement Unit  

DETAILS OF KIRIBATI FMC 

VMS Tel.: 00686 21099  

VMS E-mail: fleu@mfmrd.gov.ki 

APPENDIX VIII 

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