Commonwealth Numbered Regulations

1993 No. 118 FISHERIES MANAGEMENT REGULATIONS (AMENDMENT) - REG 3

3.1 Add at the end of the Regulations:
                           SCHEDULE 4                Regulation 4A

AMENDMENTS OF THE TREATY 1. Annex I 1.1 Omit Parts 1 to 7 and Schedules 1 and
2, substitute:
PART 1
INTRODUCTORY 1. In this Annex:
(a) "applicable national law" means any provision of a law, however described,
of a Pacific Island party which governs the fishing activities of foreign
fishing vessels, being a law identified in Schedule 1, and which is not
inconsistent with the requirements of this Treaty and shall be taken to
exclude any provision which imposes a requirement which is also imposed by
this Treaty;
(b) "Closed Area" means an area of a Pacific Island party as described in
Schedule 2;
(c) "fishing trip" means any period commencing with the departure of
the vessel from port for the purpose of beginning a fishing trip to such time
as any or all of the fish on board the vessel are unloaded from the vessel,
either ashore or onto another vessel except for the transfer of catch by a
licensed group seiner to its licensed carrier vessel.
(d) "Limited Area" means an area described in Schedule 3;
(e) "the vessel" means the vessel in respect of which a licence is issued; and
(f) "transhipment" means the unloading of any or all of the fish on board a
licensed vessel either ashore or onto another vessel. 2. Schedule 1 may be
amended from time to time by the inclusion by any Pacific Island party of any
applicable national law and, for the purposes of this Treaty, except as
provided in this paragraph, the amendment shall take effect from the date that
the amended Schedule has been notified to the Government of the United States.
For the purposes of any obligation on the United States pursuant to paragraphs
4 and 5 of Article 4, the amendment shall take effect 60 days from the date
that the amended Schedule has been notified to the Government of the United
States. The Government of the Pacific Island party shall use its best
endeavours to provide advance notice to the Government of the United States of
the amendment. 3. Nothing in this Annex and its Schedules, nor acts or
activities taking place thereunder, shall constitute recognition of the claims
or the positions of any of the parties concerning the legal status and extent
of waters and zones claimed by any party. In the claimed waters and zones, the
freedoms of navigation and overflight and other uses of the sea related to
such freedoms are to be exercised in accordance with international law.
PART 2
COMPLIANCE WITH APPLICABLE NATIONAL LAWS 4. The operator of the vessel shall
comply with each of the applicable national laws, and shall be responsible for
the compliance by the vessel and its crew with each of the
applicable national laws, and the vessel shall be operated in accordance with
those laws.
PART 3
PROHIBITIONS 5. The vessel shall not be used for directed fishing for Southern
Bluefin Tuna, or for fishing for any kinds of fish other than tunas, except
that other kinds of fish may be caught as an incidental by-catch. 6.
The vessel shall not be used for fishing by any method, except the purse-seine
method. 7. The vessel shall not be used for fishing in any Closed Area. 8.
Except for circumstances involving force majeure and other emergencies
involving the health or safety of crew members or the safety of the vessel, no
aircraft may be used in association with the fishing activities of the vessel
unless it is identified in item 6 or 7 of Schedule 1 of Annex II. 9.
The vessel shall not be used for fishing in any Limited Area except in
accordance with the requirements set out in Schedule 3, which are applicable
to that Limited Area. 10. No fish on board the vessel shall be unloaded from
the vessel at sea, except in a designated area in accordance with such terms
and conditions as may be agreed between the Pacific Island Party in whose zone
the transhipment is to take place. Provided that, notwithstanding any such
additional terms and conditions, transhipment shall only take place in
accordance with the conditions set out in Schedule 4 hereof and catch shall
only be transhipped to a carrier vessel duly licensed in accordance with
national laws.
PART 4
TRANSHIPMENT 11. The operator of a vessel shall:

   (a)  provide 48 hours notice to the Administrator and the Pacific Island
        Party of an intent to tranship any or all of the fish on board and
        shall provide the name of the vessel, its international radio call
        sign, its position, the catch on board by species, and the time and
        place where such transhipment is requested to occur,

   (b)  only tranship at the time and place authorised for transhipment by the
        Pacific Island parties;

   (c)  submit full reports on the transhipment in the form set out in
        Schedule 6; 12. The master and each member of the crew of the vessel
        from which any fish taken in the Licensing Area is transhipped shall:

   (a)  allow and assist any person identified as an officer of the Pacific
        Island party to have full access to the vessel and any place where
        such fish is being transhipped and the use of facilities and equipment
        which the officer may determine is necessary to carry out his or her
        duties; have full access to the bridge, fish on board and areas which
        may be used to hold, process, weigh and store fish; remove samples;
        have full access to the vessel's records including its log and
        documentation for the purpose of inspection and photocopying; and
        gather any other information required to fully monitor the activity
        without interfering unduly with the lawful operation of the vessel;
        and

   (b)  not assault, obstruct, resist, delay, refuse boarding to, intimidate
        or interfere with any such officer in the performance of his or her
        duties.
PART 5
REPORTING 13. Information relating to the position of and catch on board the
vessel, as described in Part 1 of Schedule 4, shall be provided by telex to
the Administrator at the following times:

   (a)  before departure from port for the purpose of beginning a fishing trip
        in the Licensing Area;

   (b)  each Wednesday while within the Licensing Area or a Closed Area; and

   (c)  before entry into port for the purpose of unloading fish from any trip
        involving fishing in the Licensing Area. 14. Information relating to
        the position of and catch on board the vessel, as described in Part 2
        of Schedule 4, shall be provided to each Pacific Island party in the
        manner notified to the Government of the United States by that party
        as follows:

   (a)  at the time of entry into and of departure from waters which are, for
        any purpose, subject to the jurisdiction of the Pacific Island party;

   (b)  each Wednesday while within the waters of that party;

   (c)  at least 24 hours prior to the estimated time of entry into any port
        of that party; and

   (d)  as otherwise set out in Part 3 of Schedule 4. 15. At the end of each
        day that the vessel is in the Licensing Area, an entry or entries for
        that day shall be completed in ink in the English language on the
        catch report form as set out in Schedule 5, in accordance with the
        requirements of that form, and such forms shall be posted by
        registered airmail to the Administrator within fourteen (14) days
        following the date of the next entry into a port for the purpose of
        unloading its fish catch. 16. Immediately following the unloading of
        any fish from the vessel, a report shall be completed in the form set
        out in Schedule 6 and shall be posted by registered airmail to the
        Administrator within fourteen (14) days following the date of the
        completion of that unloading operation, or, in the case of unloading
        by transhipment, within fourteen (14) days following unloading of that
        transhipment at the processing site.
PART 6
ENFORCEMENT 17. The master and each member of the crew of the vessel shall
immediately comply with every instruction and direction given by an authorized
and identified officer of a Pacific Island party, including to stop, to move
to a specified location, and to facilitate safe boarding and inspection of
the vessel, its licence, gear, equipment, records, facilities, fish and fish
products. Such boarding and inspection shall be conducted as much as possible
in a manner so as not to interfere unduly with the lawful operation of
the vessel. The operator and each member of the crew shall facilitate and
assist in any action by an authorized officer of a Pacific Island party and
shall not assault, obstruct, resist, delay, refuse boarding to, intimidate or
interfere with an authorized officer in the performance of his or her duties.
18. The 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. 19. The international distress frequency, 2.182 MHz, and 156.8 MHz
(Channel 16, VHF) shall be monitored continuously from the vessel for the
purpose of facilitating communication with the fisheries management,
surveillance and enforcement authorities of the parties. 20. The operator
shall comply with the 1989 FAO standard specifications for the marking and
identification of fishing vessels. In particular the international radio call
sign of the vessel shall be painted in white on a black background, or in
black on a white background in the following manner:

   (a)  on the vessel's hull or superstructure, with each letter and number
        being at least one metre high and having a stroke width of 16.7
        centimetres, with the background extending to provide a border around
        the mark of not less than 16.7 centimetres;

   (b)  on the vessel's deck, on the body of any helicopter and on the hull of
        any skiff, with each letter and number being at least 30 centimetres
        high, and having a stroke width of 5 centimetres wide with the
        background extending to provide a border around the mark of not less
        than 5 centimetres; and

   (c)  on any other equipment being carried by and intended to be separated
        from the vessel during normal fishing operations, with each letter and
        number being at least 10 centimetres high and having a stroke width of
        1.7 centimetres, with the background extending to provide a border
        around the mark of not less than 1.7 centimetres; and at all times
        while the vessel is within the Licensing Area or a Closed Area, all
        parts of these markings shall be clear, distinct and uncovered. 21.
        The licence or a duly certified copy, facsimile or telex confirmation
        thereof shall be carried on board the vessel at all times and produced
        at the request of an authorized enforcement official of any of the
        parties. Prior to receipt of the licence, the correct citation of the
        licence number shall satisfy this requirement.
PART 7
OBSERVERS 22. The operator and each member of the crew of the vessel shall
allow and assist any person identified as an observer by the Pacific Island
parties to:

   (a)  board the vessel for scientific, compliance, monitoring and other
        functions at the point and time notified by the Pacific Island parties
        to the Government of the United States;

   (b)  have full access to and the use of facilities and equipment on board
        the vessel which the observer may determine is 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, weigh and store fish;
        remove samples; have full access to the vessel's records, including
        its logs and documentation for the purpose of inspection and copying;
        reasonable access to navigation equipment, charts, and radios; and
        gather any other information relating to fisheries in the Licensing
        Area; without interfering unduly with the lawful operation of the
        vessel;

   (c)  disembark at the point and time notified by the Pacific Island parties
        to the Government of the United States; and

   (d)  carry out all duties safely, and no operator or crew member of
        the vessel shall assault, obstruct, resist, delay, refuse boarding to,
        intimidate or interfere with an observer in the performance of his or
        her duties. 23. The operator shall provide the observer, while on
        board the vessel, at no expense to the Pacific Island parties, with
        food, accommodation and medical facilities of such reasonable standard
        as may be acceptable to the Pacific Island party whose representative
        is serving as the observer. 24. (a) The operators of United States
        vessels licensed to fish pursuant to the agreement shall be
        responsible for the costs of observers on United States vessels
        including the full travel costs from the place notified by the Pacific
        Island Parties to and from the vessel, salary and allowances, and full
        insurance coverage, and the cost of training those observers.

   (b)  The fees for the costs of the observers shall be provided in a lump
        sum on an annual basis to the Administrator. In the first
        licensing period of the extended Treaty, the lump sum shall be based
        on the following formula:
The number of licensed U.S. vessels multiplied by the average annual number of
trips per vessel for the latest licensing period for which information is
available multiplied by 20 percent multiplied by the cost per trip (US$4,000)
equals lump sum payment. In addition in the first two years, an additional
payment of US$15,000 per year for training shall be made to the Administrator.

   (c)  For subsequent licensing periods, the parties may, as mutually
        determined at the annual meeting provided for in Article 7 of the
        Treaty adjust the amount of the fees to be paid under sub-paragraph
        (b), it being understood that:
- the goal of the observer programme is to provide an effective observer
programme for compliance by targeting 20 percent coverage, which may be
reviewed from time to time
- any unused sums are carried forward to the next licensing period, with the
annual fee to be reduced accordingly;
- the factor of inflation shall be taken into account
- the costs of training may be reviewed. 25. Any operator of the vessel from
which any fish taken in the Licensing Area is unloaded shall allow, or arrange
for, and assist any person authorized for this purpose by the Pacific Island
parties to have full access to any place where such fish is unloaded, to
remove samples and to gather any other information relating to fisheries in
the Licensing Area. 26. An observer programme shall be conducted in accordance
with this Treaty and provisions that may be agreed from time to time.
PART 8
MISCELLANEOUS REQUIREMENTS 27. At all times while the vessel is in a
Closed Area, the fishing gear of the vessel shall be stowed in such a manner
as not to be readily available for fishing. In particular, the boom shall be
lowered as far as possible so that the vessel cannot be used for fishing but
so that the skiff is accessible for use in emergency situations; the
helicopter, if any, shall be tied down; and launches shall be secured. 28.
The vessel shall be operated in such a way that the activities of traditional
and locally based fishermen and fishing vessels are not disrupted or in any
other way adversely affected. 29. Any information required to be recorded, or
to be notified, communicated or reported pursuant to a requirement of this
Treaty shall be true, complete and correct. Any change in circumstances which
has the effect of rendering any such information false, incomplete or
misleading shall be notified to the Administrator immediately. 30. It is
understood that a region-wide vessel tracking system applicable to all vessels
licensed to fish in the Treaty Area may be established. U.S. vessels with a
licence to fish under the Treaty shall participate in such a system and shall
install and operate a transponder of a type and in such a manner as may be
agreed by the Parties. It is understood that data derived through the system
shall be treated as confidential business information and that the terms and
conditions for access to that information shall be a matter of discussions
between the Parties.
SCHEDULE 1
APPLICABLE NATIONAL LAWS The following laws and any regulations or other
instruments having the force of law which have been implemented pursuant to
those laws, as amended at the time this Treaty enters into force, shall be
considered as applicable national laws for the purposes of this Treaty.
Australia
Antarctic Marine Living Resources Conservation Act, 1981
Fisheries Management Act, 1991
Fisheries Administration Act, 1991
Statutory Fishing Rights Charge Act, 1991
Fisheries Legislation (Consequential Provisions) Act, 1991
Foreign Fishing Licences Levy Act, 1991
Fishing Levy Act, 1991
Fisheries Agreements (Payments) Act, 1991
Torres Strait Fisheries Act, 1984
Whale Protection Act, 1980
Cook Islands
Cook Island Commercial Fishing Regulations, 1951
Exclusive Economic Zone (Foreign Fishing Craft) Regulations, 1979
Fisheries Protection Act, 1976
Fishing Ordinance, 1950
Territorial Sea and Exclusive Economic Zone Act, 1977
Federated States of Micronesia
Titles 18 and 24 of the Code of the Federated States of Micronesia,
as amended by Public Law Nos. 2-28, 2-31, 3-9, 3-10, 3-34, and 3-80
Fiji
Fisheries Act, 1942
Fisheries Ordinance (Cap 135)
Fisheries Regulations (Cap 135)
Marine Spaces Act, 1978
Marine Spaces (Foreign Fishing Vessels) Regulations, 1979
Kiribati
Fisheries Ordinance, 1979
Fisheries (Amendment) Act, 1984
Marine Zones (Declaration) Act, 1983
Marshall Islands
Title 33, Marine Resources Act, as amended by P.L. 1989-56, P.L.
1991-143 and P.L. 1992-25 of the Marshall Islands revised Code.
Nauru
Interpretation Act, 1971
Marine Resources Act, 1978
New Zealand
Antarctic Marine Living Resources Act, 1981
Continental Shelf Act, 1964
Conservation Act, 1987
Driftnet Prohibition Act, 1991
Exclusive Economic Zone (Foreign Fishing Craft) Regulations, 1978
Fishing Industry Board Act, 1963
Fisheries Act, 1983
Marine Mammals Protection Act, 1978
Marine Reserves Act, 1971
Marine Pollution Act, 1974
Meat Act, 1964
Territorial Sea and Exclusive Economic Zone Act, 1977
Tokelau (Territorial Sea and Exclusive Economic Zone) Act, 1977
Submarine Cables and Pipelines Protection Act, 1966
Sugar Loaf Islands Marine Protection Area Act, 1991
Wildlife Act, 1953
Niue
Cook Islands Commercial Fishing Regulations 1951
Niue Fish Protection Act 1965
Sunday Fishing Prohibition Act 1980
Territorial Sea and Exclusive Economic Zone Act 1977
Palau
Palau National Code, Title 27
Papua New Guinea
Fisheries Act (Cap 214)
Fisheries Regulations (Cap 214)
Fisheries (Torres Strait Protected Zone) Act, 1984
National Seas Act, (Cap 361)
Tuna Resources Management Act, (Cap 224)
Whaling Act (Cap 225)
Solomon Islands
Delimitation of Marine Waters Act, 1978
Fisheries Act, 1972
Fisheries Limits Act, 1977
Fisheries Regulations, 1972
Fisheries (Foreign Fishing Vessels) Regulations, 1981
Tonga
Fisheries Protection Act, 1973
Fisheries Regulation Act, 1923
Whaling Industry (Amendment) Act, 1979
Fisheries Act, 1989
Tuvalu
Fisheries Act (Cap 45)
Fisheries (Foreign Fishing Vessel) (Amendment) Regulations, 1982
Marine Zones (Declaration) Act, 1983
Vanuatu
Fisheries Act 1982 (Cap 158)
Fisheries Regulations 1983
Maritime Zones Act 1981 (Cap 138)
Western Samoa
Exclusive Economic Zone Act, 1977
Territorial Sea Act, 1971
Fisheries Act, 1988
SCHEDULE 2
CLOSED AREAS
Australia   All waters within the seaward boundary of the Australian
Fishing Zone (AFZ) west of a line connecting the point of intersection of the
outer limit of the AFZ by the parallel of latitude 25 degrees 30' south with
the point of intersection of the meridian of longitude 151 degrees East by the
outer limit of the AFZ and all waters south of the parallel of latitude 25
degrees 30' South.
Cook Islands   Territorial Sea

Federated States of Micronesia   Three nautical mile territorial sea
and nine nautical mile exclusive fishery zone and on all named banks and reefs
as depicted on the following charts: DMAHTC NO 81019 (2nd. ed., Mar. 1945;
revised 7\17\72. Corrected through NM 3\78 of June 21, 1978). DMAHTC NO 81023
(3rd. ed., Aug. 7, 1976). DMAHTC NO 81002 (4th. ed., Jan. 26, 1980; corrected
through NM 4\80).
Fiji   Internal waters, archipelagic waters and territorial seas of
Fiji and Rotuma and its Dependencies.
Kiribati   Within archipelagic waters as established in accordance with
the Marine Zones Declaration Act 1983; within 12 nautical miles drawn from the
baselines from which the territorial seas is measured; within 2 nautical miles
of any anchored fish aggregating device for which notification of its location
shall be given by geographical coordinates.
Marshall Islands   12 nautical mile territorial sea and area within two
nautical miles of any anchored fish aggregating device for which notification
of its location shall be given by geographical coordinates.
Nauru   The territorial waters as defined by Nauru Interpretation Act,
1971, Section 2.
New Zealand   Territorial waters; waters within 6 nautical miles of
outer boundary of territorial waters; all waters to west of New Zealand main
islands and south of 39 degrees South latitude; all waters to east of New
Zealand main islands south of 40 degrees South latitude; and in respect of
Tokelau: areas within 12 nautical miles of all island and reef baselines;
twelve and one half nautical miles either side of a line joining Atafu and
Nukunonu and Faka'ofo; and coordinates as follows:
Atafu: 8 degrees 35'10"S, 172 degrees 29'30"W
Nukunonu: 9 degrees 06'25"S, 171 degrees 52'10"W
9 degrees 11'30"S, 171 degrees 47'00"W
Faka'ofo: 9 degrees 22'30"S, 171 degrees 16'30"W
Niue   Territorial sea and within 3 nautical miles of Beveridge Reef,
Antiope Reef and Haran Reef as depicted by appropriate symbols on NZ 225F
(chart showing the territorial sea and exclusive economic zone of Niue
pursuant to the Niue Territorial Sea and Exclusive Economic Zone Act of 1978).
Palau   Within 12 nautical miles of all island baselines in the Palau
Islands; the area - a) commencing at the north-easternmost intersection of the
outer limit of the 12 nautical mile territorial sea of Palau by the arc of a
circle having a radius of 50 nautical miles and its centre at Latitude 07
degrees 16'34" North, Longitude 134 degrees 28'25" East, being at about the
centre of the reef entrance to Malakal Pass; b) running thence generally
south-easterly, southerly, south-westerly, westerly, north-westerly, northerly
and north-easterly along that arc to its intersection by the outer limit of
the 12 nautical mile territorial sea; and c) thence generally northerly,
north-easterly, easterly, south-easterly and southerly along that outer limit
to the point of commencement.
 NOTE:   Where for the purpose of this paragraph it is necessary to
determine the position on the surface of the Earth of a point, line or area it
shall be determined by reference to the World Geodetic System 1984, that is to
say, by reference to a spheroid having its centre at the centre of the Earth
and a major (equatorial) radius of 6,378,137 metres and a flattening of
1/298.2572.
Papua New Guinea   In addition to its territorial sea and internal
waters, within the area bounded by the following parallels and meridians -
from latitude 0 degrees30' South to latitude 3 degrees 30' South, and from
longitude 149 degrees East to longitude 153 degrees East.
Solomon Islands   All waters within the fishery limits of the Solomon
Islands (including internal waters, territorial sea and archipelagic waters)
except that part of the fishery limits east and north of the following lines:
commencing at a point 161 degrees East, 4 degrees 20' South, then extending
due south along 161 degrees to a point 6 degrees 30' South, then by a line
extending due east to a point 165 degrees East, then by a line due south to a
point 8 degrees South, then by a line due east to a point 169 degrees 55'
East.
Tonga   All waters with depths of not more than 1,000 metres, within
the area bounded by the fifteenth and twenty third and one half degrees of
south latitudes and the one hundred and seventy third and the one hundred and
seventy seventh degrees of west longitudes; also within a radius of twelve
nautical miles from the islands of Teleki Tonga and Teleki Tokelau.
Tuvalu   Territorial sea and waters within two nautical miles of all
named banks, i.e. Macau, Kosciusko, Rose, Bayonnaise and Hera, in
Tuvalu EEZ, as depicted on the chart entitled "Tuvalu Fishery Limits" prepared
by the United Kingdom Hydrographic Department, Taunton, January 11, 1981.
Vanuatu   Archipelagic waters and the territorial sea, and internal
waters.
Western Samoa   Territorial sea; reefs, banks, sea-mounts and within 2
nautical miles of any anchored fish aggregating device within the EEZ for
which notification of its location shall be given by geographical coordinates.
Only the Closed Areas, as described above, of Pacific Island States which are
parties to this Treaty shall be applicable under the terms of this Treaty. 1.2
Omit Schedules 4, 5 and 6, substitute:
SCHEDULE 4
REPORT DETAILS
PART 1
LICENSING AREA REPORTS TO THE ADMINISTRATOR (a) Port departure and entry into
port for unloading

(1) report type (LBEG for port departure to begin fishing and LFIN for port
entry for unloading)

(2) Regional Register number

(3) Trip begin date

(4) date and time (GMT)

(5) international call sign

(6) port name

(7) catch on board by species (in short tons)

(8) intended action
as: LBEG (or LFIN) / RREG# / TBD / ddmmyy / TIME / CALL SIGN / PORT / SJ xxx
YF yyy OTH zzz / INTENDED ACTION (b) Weekly reports

(1) report type (WEEK)

(2) Regional Register number

(3) Trip begin date

(4) date and time (GMT)

(5) international call sign

(6) position (to one minute of arc)

(7) catch on board by weight by species

(8) intended action
as: WEEK / RREG# / TBD / ddmmyy / TIME / CALL SIGN / LA 1111 / LO 11111 / SJ
xxx YF yyy OTH zzz / INTENDED ACTION (c) Transhipment reports

(1) report type (TRANS)

(2) Regional Register number

(3) Trip begin date

(4) date and time (GMT)

(5) international call sign

(6) position (to one minute of arc)

(7) catch transferred by weight by species

(8) name of carrier/Freezer

(9) destination of catch
as: TRANS / RREG# / TBD / ddmmyy / TIME / CALL SIGN / LA 1111 / LO 11111 / SJ
xxx YF yyy OTH zzz / CARRIER NAME / DESTINATION OF CATCH
PART 2
REPORTS TO NATIONAL AUTHORITIES (a) Zone Entry and Exit

(1) report type (ZENT for entry and ZEXT for exit)

(2) Regional Register number

(3) Trip begin date

(4) date and time (GMT)

(5) international call sign

(6) position (to one minute of arc)

(7) catch on board by weight of species

(8) intended action
as: ZENT (or ZEXT) / RREG# / TBD / ddmmyy / TIME / CALL SIGN / TIME / LA 1111
/ LO 11111 / SJ xxx YF yyy OTH zzz / INTENDED ACTION (b) Weekly Reports

(1) report type (WEEK)

(2) Regional Register number

(3) Trip begin date

(4) date and time (GMT)

(5) international call sign

(6) position (to one minute of arc)

(7) catch on board by weight by species

(8) intended action
as: WEEK / RREG# / TBD / ddmmyy / TIME / CALL SIGN / LA 1111 / LO 11111 / SJ
xxx YF yyy OTH zzz / INTENDED ACTION (c) Port Entry Reports

(1) report type (PENT)

(2) Regional Register number

(3) Trip begin date

(4) date and time (GMT)

(5) international call sign

(6) position (to one minute of arc)

(7) catch on board by weight by species

(8) estimated time of entry into port (GMT)

(9) port name

(10) intended action
as: PENT / RREG# / TBD / ddmmyy / TIME / CALL SIGN / LA 1111 / LO 11111 / SJ
xxx YF yyy OTH zzz / ETA / PORT NAME / INTENDED ACTION (d) Transhipment
reports

(1) report type (TRANS)

(2) Regional Register number

(3) Trip begin date

(4) date and time (GMT)

(5) international call sign

(6) position (to one minute of arc)

(7) catch transferred by weight by species

(8) name of carrier/Freezer

(9) destination of catch
as: TRANS / RREG# / TBD / ddmmyy / TIME / CALL SIGN / LA 1111 / LO 11111 / SJ
xxx YF yyy OTH zzz / CARRIER NAME / DESTINATION OF CATCH
PART 3
OTHER NATIONAL REPORTING REQUIREMENTS 1. Australia

   (a)  Report of position and catch by species every day while within the
        Australian Fishing Zone;

   (b)  24 hours notice of intention to enter the Australian Fishing Zone. 2.
        Fiji

   (a)  While in Fiji fisheries waters, daily position reporting of the name,
        call sign, and country of registration of the craft, and its position
        at that specified time; and

   (b)  While in Fiji fisheries waters, weekly report of catch by species. 3.
        Kiribati
While in the Kiribati exclusive economic zone, report on entry into or exit
from Closed Areas. 4. New Zealand

   (a)  24 hours notice of intention to enter New Zealand's exclusive economic
        zone giving notice of -
name and call sign of craft;
position of point of entry;
species, quantity and condition of catch on board.

   (b)  While in the New Zealand exclusive economic zone; notification of
        daily noon positions, to be received no later than noon on the
        following day; a weekly report of catch taken in the New Zealand
        exclusive economic zone to cover the period 0001 hours on Monday to
        2400 on the following Sunday and to be received by noon on the
        following Wednesday; licensed craft are prohibited from transhipping
        within New Zealand fisheries waters, except at a port and time
        authorised by the Director General. 10 days notice of intention to
        tranship will be required.

   (c)  24 hours notice of intention to exit New Zealand's exclusive economic
        zone giving notice of -
position at point of exit;
species, quantity and condition of catch on board. 5. Solomon Islands
Report on:

   (a)  Expected vessel position, date and time of entry at least 24 hours
        before entry into the Solomon Islands Fishery Limits;

   (b)  Entry to or exit from Solomon Islands Limited Area together with the
        catch on board by weight and volume; and

   (c)  A weekly report of catch taken and fishing days in the Solomon Islands
        exclusive economic zone to cover the period 0001 hours on a Monday to
        2400 hours on the following Sunday and to be received by noon on the
        following Tuesday. 6. Tonga
While in the Tonga exclusive economic zone, daily position report by radio or
telex. 7. Tuvalu

   (a)  Report not less than 24 hours before entry into the Tuvalu
        fishery limits on:

        (i)    the name, call sign and country of registration of the vessel;

        (ii)   the license number;

        (iii)  position on entry; and

        (iv)   catch by species.
SCHEDULE 5
PURSE SEINE VESSEL CATCH REPORT FORM
SCHEDULE 6
PURSE SEINE UNLOADING AND
TRANSHIPMENT LOGSHEET
SCHEDULE 6
PURSE SEINE TRANSSHIPMENT AND OTHER UNLOADING LOGSHEET
trip no:                      trip commencement date:

vessel name:                  radio call sign:
(1) port:
(or position:  lat                   long                 )
(2) dates

   (a)  at unloading point
 arrival                        departure:


   (b)  at unloading
 commencement:                  completion:
(3) partial or complete unloading (4) unloading to: ((separate form to be
completed for each transhipment / unloading recipient)) (5) (a) carrier vessel
name:
and radio call sign or regional register no:
or

   (b)  name and address of company accepting fish: (6) (destination of fish)
        (fish to be processed at) (separate form to be completed for each
        processing destination) (7) quantity unloaded (Enter quantity by size
        class in short tons)
               Quantity       Quantity         (Tranship

               Accepted       Rejected          Estimates)
Yellowfin Skipjack Bigeye Marlin Unit (eg tons) (9) signatures
vessel master                           receiving agent
nb: An attachment to this form should include a signed copy of the size
breakdown of catch as provided by the cannery. 2. Annex II
2.1 Omit paragraphs 1 to 6, substitute: 1. For the purposes of this Annex:
(a) "Licensing Period" means the period of validity of licences issued in
accordance with this Treaty. 2. The Government of the United States shall make
application for a licence in respect of any fishing vessel of the United
States intended by the operator to be used for purse seine fishing in the
Licensing Area at any time in the Licensing Period by providing to the
Administrator a complete application form as set out in Schedule 1. 3.
Licences issued pursuant to this Treaty shall not take effect until the
Administrator has received payment, free of any charges whatsoever, of the
amounts set out in Schedule 2 for that Licensing Period in the manner
described in that Schedule. 4. (a) The Administrator may suspend the good
standing of a vessel on the Regional Register of Foreign Fishing Vessels where
there is reasonable cause to believe that the vessel operator has violated the
terms and conditions of access in Annex I including but not limited to:

        (i)    failing to report entry into and exit from Zones;

        (ii)   failing to report while in a Zone;

        (iii)  misreporting position and catch on board; or

        (iv)   improperly marking the vessel and gear.

   (b)  The Administrator shall notify the Government of the United States and
        the operator not less than 30 days prior to the intended date of
        suspension of good standing. The notice shall include a statement of
        the facts which give reasonable cause to believe a violation has
        occurred, the corrective action required, and the effective date of
        the suspension of good standing; provided however that the corrective
        action required shall be limited to making the omitted report,
        correcting any misreporting, or correcting vessel markings or
        otherwise complying with the requirements of Annex I.

   (c)  If the corrective action is taken within 30 days, the Administrator
        shall not suspend good standing.

   (d)  Upon satisfactory completion of the required corrective action, the
        Administrator shall immediately reinstate the good standing of
        the vessel.

   (e)  Any fishing vessel of the United States in respect of which good
        standing has been suspended shall not be eligible to receive a new
        licence upon the expiration of the current licence, until notified by
        the Administrator that good standing has been reinstated. 5. Subject
        to paragraph 6, a licence may be denied:

   (a)  where the application is not in accordance with the requirements of
        paragraph 2;

   (b)  where the owner or charterer is the subject of proceedings under the
        bankruptcy laws of the United States, unless reasonable financial
        assurances have been provided to the Administrator;

   (c)  where the vessel in respect of which application for a licence has
        been made does not have good standing on the Regional Register of
        Foreign Fishing Vessels, maintained by the South Pacific Forum
        Fisheries Agency, provided that:

        (i)    good standing is withdrawn only as a result of:

                (A)  the commission of a serious offence against fisheries
                     laws or regulations of a Pacific Island State and the
                     operator has not fully complied with any civil or
                     criminal judgment rendered with respect to such an
                     offence;

                (B)  evidence existing that gives reasonable cause to believe
                     that the operator has committed a serious offence against
                     the fisheries laws or regulations of any Pacific Island
                     State and that it has not been possible to bring
                     the vessel operator to trial; or

                (C)  the vessel operator has failed to comply with the annual
                     registration and information requirements for
                     registration as notified by the Administrator to the
                     Government of the United States;

                (D)  the failure to satisfactorily complete the required
                     corrective action of all outstanding requests, as a
                     result of which the good standing of a vessel has
                     continued in suspension for a period of more than 12
                     months;

        (ii)   the Pacific Island party requesting withdrawal of good standing
               has first consulted the Government of the United States and has
               made all reasonable efforts to resolve the dispute in question
               before utilizing the procedures for withdrawal of good
               standing;

        (iii)  in the event of a request for withdrawal of good standing from
               the Regional Register of Foreign Fishing Vessels of a vessel
               licensed pursuant to this Treaty, the Pacific Island parties
               agree to take into consideration that vessel's compliance with
               the terms of this Treaty in determining whether to approve such
               a request; and

        (iv)   following a withdrawal of good standing the Pacific Island
               party involved promptly advises the Government of the United
               States in writing of the reason for the withdrawal and the
               requirements which must be fulfilled to reinstate good
               standing;

   (d)  where there has been a failure to satisfy a final judgment or other
        final determination for a breach of this Treaty by the owner,
        charterer or master of the vessel in respect of which application for
        a licence has been made, until such time as the final judgment or
        other final determination is satisfied, and subsequent change in
        ownership of a vessel shall not affect the application of this
        provision; or

   (e)  where an operator has committed, or the vessel has been used for:

        (i)    a violation of this Treaty, providing that the Pacific Island
               parties, following consultation with the Government of the
               United States, determine that the violation is of a serious
               nature; or

        (ii)   any violation of this Treaty on more than one occasion,
               providing that the Pacific Island parties, following
               consultation with the Government of the United States,
               determine that such multiple violations constitute a serious
               disregard of this Treaty. 6. Without prejudice to their rights
               under Paragraph 4 of Article 4 of the Treaty, the Pacific
               Island Parties shall consider notifying the Government of the
               United States of any alleged infringements of the Treaty by
               vessels of the United States 30 days prior to requesting an
               investigation under Paragraph 4 of Article 4 of the Treaty. The
               Government of the United States shall inquire into the
               allegation. As appropriate, the Government of the United
               States, the operator concerned, the Administrator and the
               Pacific Island Party concerned may engage in consultations with
               a view to settling the matter. 7. A maximum number of licences
               may be issued for any Licensing Period as set out in Schedule
               2, and, upon request by the Government of the United States,
               the Pacific Island parties may agree to vary such number. 8. On
               receipt of an application for a licence in accordance with this
               Annex, the Administrator shall take the necessary steps to
               ensure that:

   (a)  a licence in the form set out in Schedule 3 in respect of the vessel
        identified in the application; or

   (b)  a statement setting out the reasons that a licence in respect of
        the vessel identified in the application is denied together with a
        refund of the amount or amounts provided with the application; is
        promptly provided to the Government of the United States. 2.2 Omit
        Schedule 2, substitute:
SCHEDULE 2
PAYMENTS AND REVIEW 1. The following amounts are payable annually for a period
of ten (10) years pursuant to paragraph 3 of Annex II -

   (a)  an annual industry payment of US$4 million, which shall cover-

        (i)    licence fees for up to 55 vessels as set forth in paragraph 2
               below; and

        (ii)   technical assistance;

   (b)  costs to be paid by the industry for the observer programme set forth
        in Part 7 of Annex I; and

   (c)  sums pursuant to the related agreement between the South Pacific Forum
        Fisheries Agency and the Government of the United States. 2. During
        each licensing period, the Administrator shall make available a
        maximum of 55 licences to fishing vessels of the United States for
        fishing in the Licensing Area. Any licences issued beyond 50 shall
        only be available to fishing vessels of the United States engaged in
        fishing activity designed to advance broader cooperation with the
        Pacific Island parties as envisaged under Article 2. If the
        Administrator does not receive applications for the maximum of 55
        licences during any of the first three licensing periods, the Pacific
        Island parties reserve the right at the end of the third licensing
        period to review the allocation of licences beyond 50 for the
        remaining licensing periods. 3. Prior to the beginning of the sixth
        licensing period, the Parties shall review the number of licences to
        be issued, the licence fees and any other issues which may be
        identified during the preceding Annual Consultations. During such
        review, the Parties shall determine the number of licences and the
        licence fees for the second five-year period. Any agreed changes in
        the number of licences or licence fees shall be reflected in the
        annual industry payment.