Changes from plenary report to adopted text

Added(i) a request for authorisation providing the information contained in Annex V;

RemovedArticle 2 – paragraph 1 – point 13, Article 28d – paragraph 1 – point b: (b) the ability to meet the observer duties described in this Section;

Added(ii) a Fisheries Operation Plan in accordance with Annex VI, including a commitment to comply with the SPRFMO Data Collection Plan referred to in Article 18(3), (4) and (5) of this Regulation.

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Added2. The Commission shall forward the request to the SPRFMO Commission, and the Fisheries Operation Plan to the SPRFMO Scientific Committee, no later than 60 days in advance of the SPRFMO Scientific Committee meeting.

RemovedArticle 2 – paragraph 1 – point 13, Article 28e – paragraph 1 – point f: (f) species identification and record of species encountered at sea, including target and non-target species, protected species, seabirds, marine mammals, sea turtles, invertebrates indicating the presence of VMEs, etc.;

Added3. The Commission shall inform the Member State concerned of the SPRFMO decision regarding the authorisation to fish in an exploratory fishery.’;

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Added(8) Article 21 is replaced by the following:

RemovedArticle 2 – paragraph 1 – point 13, Article 28j – paragraph 3: 3. Member States shall also ensure that their observer programmes or service providers seek, to the extent possible, to avoid deploying a single observer on multiple consecutive trips on the same vessel.

Added‘Article 21 Gillnets

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AddedMember States whose vessels intend to transit the SPRFMO Convention Area with gillnets on board shall:

RemovedArticle 2 – paragraph 1 – point 13, Article 28m – paragraph 1: Member States shall ensure that their observer programmes or service providers have in place an independent dispute resolution process fair to all parties that provides a process to resolve issues through appropriate means including facilitation and mediation.

Added(a) give at least 72 hours advance notice to the SPRFMO Secretariat and the Commission prior to the vessel entering the SPRFMO Convention Area, including the expected entry and exit dates and length of gillnet carried on board;

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Added(b) ensure that the vessels flying their flag operate VMS reporting at least once every hour while in the SPRFMO Convention Area;

RemovedArticle 2 – paragraph 1 – point 13, Article 28n – paragraph 1: 1. Member States shall ensure that their observer programmes or service providers have in place procedures to support observers in their ability to carry out their duties unimpeded and in a safe working environment, including an established Emergency Action Plan (EAP). The EAP shall provide instructions on sending reports to the provider's designated 24-hour point(s) of contact to report unsafe conditions, including instances of harassment, intimidation, or assault.

Added(c) submit VMS position reports automatically to their FMC while transiting the SPRFMO Convention Area;

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Added(d) ensure that their FMC automatically forwards the VMS reports referred to in point (b) to the SPRFMO Secretariat at least once every hour; and

RemovedArticle 2 – paragraph 1 – point 13, Article 28p – paragraph 1: 1. Member States shall ensure that observers on board fishing vessels flying their flag enjoy the rights set out in this provision and that a copy of those rights is provided to the crew of such vessels and is prominently displayed on board.

Added(e) if gillnets are accidentally lost or abandoned overboard, report the date, time, position, and length (metres) of gillnets lost to the SPRFMO Secretariat and the Commission as soon as possible and in any event within 48 hours of the gear being lost or abandoned.’;

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Added(9) Article 22 is amended as follows:

RemovedArticle 2 – paragraph 1 – point 13, Article 28p – paragraph 2 – point e: (e) reasonable use of the communication equipment on board to communicate with the observer programme on land at any time, including in emergencies;

Added(a) paragraph 2 is replaced by the following:

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Added‘2. Member States shall inform the Commission of the fishing vessels flying their flag authorised to fish in the SPRFMO Convention Area and that have not previously been included in the SPRFMO record of vessels at least 20 days prior to the date of first entry of such vessels in the SPRFMO Convention Area for the purposes of fishing for SPRFMO fishery resources. The Commission shall transmit that information to the SPRFMO Secretariat at least 15 days prior to the date of first entry in the SPRFMO Convention Area.’;

RemovedArticle 2 – paragraph 1 – point 13, Article 28p – paragraph 2 – point m: (m) the ability to communicate at any time the occurrence of safety issues to the vessel master, the authorities of the observer programme or service provider, the SPRFMO Secretariat, and flag Member State, as appropriate;

Added(b) the following paragraph is inserted:

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Added‘4a. For the purposes of paragraph 4, an authorisation entry in the SPRFMO record of vessels shall cease to be a valid entry when there is a change in any of the following details, and until the required information is updated:

RemovedArticle 2 – paragraph 1 – point 13, Article 28q – paragraph 1: 1. Member States shall ensure that, before boarding a fishing vessel, observers deployed by their observer programmes or service providers: / (a) carry complete and valid documents, including, when relevant, identification documents, passports, visas, and certificates of at sea security training; / (b) submit copies of the documents referred to in point (a) to the programme managers of the observer programme or service provider, as required.

Added(a) vessel flag;

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Added(b) international radio call sign (IRCS) (if any);

RemovedArticle 2 – paragraph 1 – point 13, Article 28q – paragraph 2 – introductory part: 2. Member States shall ensure that observers deployed by their observer programmes or service providers on board fishing vessels:

Added(c) authorisation start date;

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Added(d) authorisation end date;

RemovedArticle 2 – paragraph 1 – point 13, Article 28q – paragraph 2 – point a: deleted

Added(e) UVI (Unique Vessel Identifier) / IMO number.’;

RemovedMoved to paragraph 1(a)

Added(10) Article 23 is amended as follows:

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Added(a) paragraphs 2 and 3 are replaced by the following:

RemovedArticle 2 – paragraph 1 – point 13, Article 28q – paragraph 2 – point b: deleted

Added‘2. Transhipments at sea and in port shall only be undertaken between authorised fishing vessels included in the SPRFMO record of vessels.

RemovedMoved to paragraph 1(b)

Added3. At-sea transfer of fuel, crew, gear or any other supplies in the SPRFMO Convention Area shall only be undertaken between authorised fishing vessels included in the SPRFMO record of vessels.’;

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Added(b) the following paragraphs are added:

RemovedArticle 2 – paragraph 1 – point 13, Article 28q – paragraph 2 – point c: (c) maintain independence and impartiality at all times while on duty;

Added’5. Union fishing vessels shall be prohibited from operating as both an unloading fishing vessel and a receiving fishing vessel during the same trip, except in the case of a force majeure event beyond the control of the vessel. A force majeure event shall include serious mechanical breakdown or other events that threaten the safety of the crew or result in a significant financial loss through fish spoilage. In such cases, the fishing vessels shall notify the flag Member States of the transhipment and of the circumstances giving rise to the force majeure. The flag Member States shall, within one working day of the completion of the transhipment, transmit all the information received to the SPRFMO Secretariat and to the Commission, or the body designated by it.

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Added6. By 15 January of each year, Member States shall report to the Commission the list of fishing vessels flying their flag that actively fished or engaged in transhipment for species other than jack mackerel in the SPRFMO Convention Area in the preceding year. The Commission shall transmit that information to the SPRFMO Secretariat by 30 January of each year.’;

RemovedArticle 2 – paragraph 1 – point 13, Article 28q – paragraph 2 – point d: (d) comply with the laws and regulations of the Member State whose flag the vessel is flying;

Added(11) Article 24 is replaced by the following:

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