1. Each CPC shall require carrier vessels included in the IOTC Record of Carrier Vessels authorised to receive transhipments in the IOTC area of competence and which tranship at sea, to carry an IOTC observer during each transhipment operation in the IOTC area of competence.
2. The IOTC Executive Secretary shall appoint the observers and shall place them on board the carrier vessels authorised to receive transhipments in the IOTC area of competence from LSTLVs flying the flag of Contracting Parties and of Cooperating Non-Contracting Parties that implement the IOTC observer program.
Designation of the observers
3. The designated observers shall have the following qualifications to accomplish their tasks:
a) sufficient experience to identify species and fishing gear;
b) satisfactory knowledge of the IOTC Conservation and Management Measures;
c) the ability to observe and record information accurately;
d) a satisfactory knowledge of the language of the flag of the vessel observed.
Obligations of the observer
4. Observers shall:
a) have completed the technical training required by the guidelines established by IOTC;
b) not be, to the extent possible, nationals of the flag State of the receiving carrier vessel;
c) be capable of performing the duties set forth in point 5 below;
d) be included in the list of observers maintained by the IOTC Secretariat;
e) not be a crew member of an LSTLV or an employee of an LSTLV company.
5. The observer tasks shall be in particular to:
a) On the Fishing Vessel intending to tranship to the carrier vessel and before the transhipment takes place, the observer shall:
i. check the validity of the fishing vessel’s authorisation or licence to fish tuna and tuna-like species and sharks in the IOTC area of competence;
ii. check and note the total quantity of catch on board, and the quantity to be transferred to the carrier vessel;
iii. check that the VMS is functioning and examine the logbook;
iv. verify whether any of the catch on board resulted from transfers from other vessels, and check documentation on such transfers;
v. in the case of an indication that there are any violations involving the fishing vessel, immediately report the violations to the carrier vessel’s master,
vi. report the results of these duties on the fishing vessel in the observers report.
b) On the Carrier Vessel
Monitor the carrier vessel’s compliance with the relevant Conservation and Management Measures adopted by the Commission. In particular the observers shall:
i. record and report upon the transhipment activities carried out;
ii. verify the position of the vessel when engaged in transhipping;
iii. observe and estimate products transhipped;
iv. verify and record the name of the LSTLV concerned and its IOTC number;
v. verify the data contained in the transhipment declaration;
vi. certify the data contained in the transhipment declaration;
vii. countersign the transhipment declaration;
viii. issue a daily report of the carrier vessels transhipping activities;
ix. establish general reports compiling the information collected in accordance with this paragraph and provide the captain the opportunity to include therein any relevant information;
x. submit to the IOTC Secretariat the aforementioned general report within 20 days from the end of the period of observation;
xi. exercise any other functions as defined by the Commission.
6. Observers shall treat as confidential all information with respect to the fishing operations of the LSTLVs and of the LSTLVs owners and accept this requirement in writing as a condition of appointment as an observer.
7. Observers shall comply with requirements established in the laws and regulations of the flag State which exercises jurisdiction over the vessel to which the observer is assigned.
8. Observers shall respect the hierarchy and general rules of behaviour which apply to all vessel personnel, provided such rules do not interfere with the duties of the observer under this program, and with the obligations of vessel personnel set forth in paragraph 9 of this program.
Obligations of the flag States of carrier vessels
9. The responsibilities regarding observers of the flag States of the carrier vessels and their captains shall include the following, notably:
a) Observers shall be allowed access to the vessel personnel and to the gear and equipment;
b) Upon request, observers shall also be allowed access to the following equipment, if present on the vessels to which they are assigned, in order to facilitate the carrying out of their duties set forth in paragraph 5:
i. Satellite navigation equipment;
ii. Radar display viewing screens when in use;
iii. Electronic means of communication.
c) Observers shall be provided accommodation, including lodging, food and adequate sanitary facilities, equal to those of officers;
d) Observers shall be provided with adequate space on the bridge or pilot house for clerical work, as well as space on deck adequate for carrying out observer duties; and
e) The flag States shall ensure that captains, crew and vessel owners do not obstruct, intimidate, interfere with, influence, bribe or attempt to bribe an observer in the performance of his/her duties.
10. The IOTC Executive Secretary, in a manner consistent with any applicable confidentiality requirements, shall provide to the flag State of the carrier vessel under whose jurisdiction the vessel transhipped and to the flag CPC of the LSTLV, copies of all available raw data, summaries, and reports pertaining to the trip four months prior to the IOTC Compliance Committee meeting.
Obligations of LSTLV during transhipment
11. Observers shall be allowed to visit the fishing vessel, if weather conditions permit it, and access shall be granted to personnel and areas of the vessel necessary to carry out their duties set forth in paragraph 5.
12. The IOTC Executive Secretary shall submit the observer reports to the IOTC Compliance Committee and to the IOTC Scientific Committee.
Observer fees
13. The costs of implementing this program shall be financed by the flag CPCs of LSTLVs wishing to engage in transhipment operations. The fee shall be calculated on the basis of the total costs of the program. This fee shall be paid into a special account of the IOTC Secretariat and the IOTC Executive Secretary shall manage the account for implementing the program.
14. No LSTLV may participate in the at-sea transhipment program unless the fees, as required under paragraph 13, have been paid.