Document ID: chunk:federal_register_of_legislation:C2024C00591:schedule:2:p20
Version: federal_register_of_legislation:C2024C00591
Segment Type: schedule
Provision Reference: sch 2 (pt 20/32)
Character Range: 584185–586978

to the master of the vessel and produce a copy of the text of the relevant conservation and management measures or rules and regulations in force in the high seas area in question pursuant to those measures;

 (b) initiate notice to the flag State at the time of the boarding and inspection;

 (c) do not interfere with the master's ability to communicate with the authorities of the flag State during the boarding and inspection;

 (d) provide a copy of a report on the boarding and inspection to the master and to the authorities of the flag State, noting therein any objection or statement which the master wishes to have included in the report;

 (e) promptly leave the vessel following completion of the inspection if they find no evidence of a serious violation; and

 (f) avoid the use of force except when and to the degree necessary to ensure the safety of the inspectors and where the inspectors are obstructed in the execution of their duties. The degree of force used shall not exceed that reasonably required in the circumstances.

2. The duly authorized inspectors of an inspecting State shall have the authority to inspect the vessel, its licence, gear, equipment, records, facilities, fish and fish products and any relevant documents necessary to verify compliance with the relevant conservation and management measures.

3. The flag State shall ensure that vessel masters:

 (a) accept and facilitate prompt and safe boarding by the inspectors;

 (b) cooperate with and assist in the inspection of the vessel conducted pursuant to these procedures;

 (c) do not obstruct, intimidate or interfere with the inspectors in the performance of their duties;

 (d) allow the inspectors to communicate with the authorities of the flag State and the inspecting State during the boarding and inspection;

 (e) provide reasonable facilities, including, where appropriate, food and accommodation, to the inspectors; and

 (f) facilitate safe disembarkation by the inspectors.

4. In the event that the master of a vessel refuses to accept boarding and inspection in accordance with this article and article 21, the flag State shall, except in circumstances where, in accordance with generally accepted international regulations, procedures and practices relating to safety at sea, it is necessary to delay the boarding and inspection, direct the master of the vessel to submit immediately to boarding and inspection and, if the master does not comply with such direction, shall suspend the vessel's authorization to fish and order the vessel to return immediately to port. The flag State shall advise the inspecting State of the action it has taken when the circumstances referred to in this paragraph arise.

Article 23

Measures taken by a port State

1. A port State has the right and