Document ID: chunk:federal_register_of_legislation:F2017C00604:clause:2_7:p1
Version: federal_register_of_legislation:F2017C00604
Segment Type: clause
Provision Reference: sch 2 cl 7 (pt 1/2)
Character Range: 106090–108842

7  Establishment of programme for transhipment by large scale fishing vessels
7.1  A person using a boat in the IOTC Area for fishing must not carry out transhipment operations of tuna and tuna‑like species and sharks in the IOTC Area unless:
 (a) the person is authorised by a Contracting Party or non‑Contracting Party to use the boat for transhipment operations of that type; and
 (b) the boat is:
 (i) a large‑scale tuna longline fishing vessel; or
 (ii) a carrier vessel authorised to receive transhipments at sea from a large‑scale tuna longline fishing vessel; and
 (c) if the boat is a boat mentioned in subparagraph (b)(i)—the person has, before each transhipment takes place, obtained authorisation from its flag State in accordance with IOTC Resolution 14/06; and
 (d) if the boat is a boat mentioned in subparagraph (b)(ii)—the master of the boat confirms, before each transhipment takes place, that the large‑scale tuna longline fishing vessel participating in the transhipment operations:
 (i) is participating in the IOTC programme to monitor transhipment at sea; and
 (ii) has obtained authorisation for the transhipment from the flag State of the boat; and
 (e) if the boat is a boat mentioned in subparagraph (b)(ii)—the master of the boat, within 24 hours after completing the transhipment:
 (i) completes the IOTC transhipment declaration; and
 (ii) transmits each of the following to the IOTC Secretariat and the flag Contracting Party or Co‑Operating Non‑Contracting Party:
 (A) the completed IOTC transhipment declaration;
 (C) the number of the boat included in the IOTC Record of Carrier Vessels; and
 (f) if the boat is a boat mentioned in subparagraph (b)(ii)—the master of the boat, within 48 hours before landing must transmit an IOTC transhipment declaration, along with its number in the IOTC Record of Carrier Vessels authorised to receive transhipment in the IOTC area of competence, to the competent authorities of the State where the landing takes place.
7.2  A person using a boat in the IOTC Area for fishing must not receive tuna and tuna‑like species and sharks in an at‑sea transhipment operation unless:
 (a) the name of the boat is included on the IOTC Record of Carrier Vessels; and
 (b) an operational vessel monitoring device that is part of the flag State's vessel monitoring system is installed on the boat.
7.3  A person using, in the IOTC Area for fishing, a boat that:
 (a) is included in the IOTC Record of Carrier Vessels; and
 (b) is authorised to receive transhipments in the IOTC Area; and
 (c) tranships at sea;
must carry an IOTC observer on board the boat during each transhipment operation in the IOTC Area.
7.4  The person using the boat must allow each IOTC observer on board the boat access