Commencement

These Regulations shall come into force on the 19th day of May 2014. MADE by the Registrar of Merchant Shipping this 13th day of May, 2014. (GIAN C. GANDHI) Registrar of Merchant Shipping 94 APPROVED by the Minister of Finance this 15th day of May, 2014. (DEAN O. BARROW) Prime Minister and Minister of Finance 95 FIRST SCHEDULE [Regulation. 18] SPECIFIC DUTIES OF A FISHERIES OBSERVER The role of a Fisheries Observer is to observe, record and report on the activities of vessels engaged in fishing and/or related activities. They are tasked with the collection of biological fisheries data and to monitor compliance with fisheries regulations. In particular, the observers shall perform the following duties: • Record information on fishing effort and location; • Estimate and record the catch weight; • Sample catches to determine species composition; • Collect biological data (length measurements & sex ratios); • Collect fish and samples for return to shore; • Verify fishing gear measurements and configuration; • Monitor fishing activity for compliance with regulations; • Record incidentally captured marine mammals, turtles & seabirds; • Keep a detailed record of vessel activities; • Complete post-cruise debriefing. 96 High Seas Fishing SECOND SCHEDULE [Regulation. 19] STANDARDS OF CONDUCT & BEHAVIOUR OF OBSERVERS Definitions Conflict of interest - Participation in activities or relationships with other persons resulting in the impairment or possible impairment of a person’s objectivity in performing a contract work. Direct financial interest - Any source of income to, or capital investment or other interest held by, an individual, partnership, or corporation or an individual’s spouse, immediate family member or parent that could be influenced by performance or non-performance of duties under the contract. 1. Conduct Observers may not participate in any activity which would– (a) Cause a reasonable person to question the impartiality or objectivity of the Observer; (b) Significantly impair the observer’s ability to perform his/ her duties; (c) Adversely affect the efficient accomplishment of the objectives of the Observer deployment. 2. Observers may not have direct financial interest in the observed fishery, other than the provision of observer services including, but not limited to, vessels or shore-side facilities involved in the catching or processing of the products of the fishery, companies selling supplies or services to those vessels High Seas Fishing 97 or shore-side facilities, or companies purchasing raw or processed products from these vessels or shore-side facilities. The interests of a spouse or minor child are considered those of the observer. 3. Observers may not solicit or accept, directly or indirectly, any gratuity, gift, Favors, entertainment, loan or anything of monetary value from anyone who conducts activities that are regulated by, or who has interests that may be substantially affected by the performance or non-performance of the observers’ official duties. 4. Observers may not serve as observers on any vessel or at any shore-side facility owned or operated by a person who previously employed the observer in any capacity. 5. Observers may not solicit or accept employment as a crew member or an employee of the vessel or shore-side processor in any fishery while employed as an observer. 6. Observers may not engage in an activity that may give rise to the appearance of a conflict of interest that may cause another individual to question the observer’s impartiality, fairness or judgment. 7. Observers must avoid any behaviour that could adversely affect the confidence of the public in the integrity of the Observer Programme under which the Observer is deployed, including, but not limited to the following– (a) Observers must diligently perform their duties. (b) Observers must accurately record their sampling data, write complete reports. If the Observer chooses to report any suspected violations of regulations relevant to conservation of marine resources or their 98 High Seas Fishing environment that they observe, it must be done honestly. (c) Observers must preserve the confidentiality of the collected data and observations made on board the vessel. (d) Observers must refrain from engaging in any illegal actions or any activities that would reflect negatively on their image, on other observers, or the Observer scheme as a whole. This includes, but is not limited to– (i) Engaging in drinking of alcoholic beverages while on duty; (ii) Engaging in the use or distribution of illegal substances; (iii) Becoming physically or emotionally involved with vessel personnel. High Seas Fishing 99 THIRD SCHEDULE [Regulations 20 & 21] MEMORANDUM OF UNDERSTANDING “MOU” BETWEEN CAPRICORN FISHERIES MONITORING P.O. Box 50035, Waterfront, Cape Town, South Africa, 8002 Unit 15 Foregate Square, Table Bay Boulevard, Cape Town Tel: +27 21 425 2161 Fax: +27 21 425 1994 AND _________________________________________________ (Vessel Owner or Operator Name) for the placement of an independent fisheries observer on board the vessel: __________________________________________________ (Insert Vessels Name, Registration Number and IMO number if available) in terms of the (Program designation). Both parties hereby agree to the following terms and conditions for the deployment of the Independent Observer on the High Seas: 100 High Seas Fishing SECTION 1 General Terms & Conditions 1. A Vessel Operator receiving one or more Observers will take appropriate measures within its competence to ensure (as far as possible) that any Observers designated will be taken on board such vessel to observe and shall be permitted to collect information on the said vessel as set out in Section 6. 2.Vessel Operators will also be required to ensure seaworthiness and safety of the vessel platform consistent with international guidelines on safety for the vessels and will accept prior to the deployment of the observer an independent inspection by the observer and/or a representative of the Observer Service Provider, (hereinafter termed the OSP) to ensure that the minimum requirements for safety equipment, (Section 2, paragraph 9) are in place for vessels to operate on the High Seas. 3. For all vessels, proof of seaworthiness in the form of the vessels valid safety certificate and a copy of the vessels P&I insurance policy is to be submitted to the OSP in advance of the Observers’ deployment. Observers must also be officially signed onto the vessels articles for the duration of the trip. 4. Any variations or disagreements relating to this MoU shall be resolved by mutual agreement between the two parties. SECTION 2 Conditions for Observer Deployment 5. The anticipated duration of a single observer deployment on board a vessel is limited to 90 days, and shall not, without prior agreement between the OSP and the vessel operators exceed this number of days. High Seas Fishing 101 6. The vessel operator/owner shall take such steps as are necessary, including directing the vessel’s crew to assist in the efficient and safe embarkation and disembarkation of the observer, in accordance with agreed procedures for placing or recovering observers from vessels, (Paragraph 8). 7. In the event the observer becomes seriously ill or is injured, then the vessel owner will be requested to repatriate the observer by any means as soon as possible. The OSP will, wherever practical, prepare a replacement observer to minimise the impact on the vessel’s operations. 8. In order to ensure the safest means of transferring observers on and off vessels, disembarkation may take place in port by the quayside or by using an authorized Port Launch. The vessel operator shall take such steps to ensure that these operations are performed with all safety procedures in place in accordance with international port standards for immigration and the transfer of personal within Port Limits. 9. The following selection of items must be covered in the familiarization tour as specified in the SAMSA safety regulations, and are considered the minimum requirements for an observer to be permitted to sign onto the designated vessel– (a) Safety Certificate (Safety Management Certificate) The vessel must have a valid Safety Certificate that does not expire for a period of at least four months from the date of embarkation of the Observer. The total crew complement on board the vessel, including the observer, must not exceed the maximum specified number of crew listed in the safety certificate. (b) Life Rafts102 High Seas Fishing (i) The Life rafts must have the capacity to accommodate the full crew complement, including the observer. (In other words, the total life raft capacity must be equal to or exceed 100% of the vessel’s complement). (ii) Life Rafts must be within their serviceable date, which must cover the expected maximum duration of Observer deployment. (iii) All Life Rafts must be fitted with a serviceable Hydrostatic Release mechanism and no other secure measures that will inhibit the functioning of the hydrostatic release will be acceptable. (c) Life Jackets– (i) There must be a total number of life jackets on-board and readily available at the emergency muster stations, to accommodate the full crew complement on board the vessel. (ii) All life jackets must comply with IMO – SOLAS LSA standards. (d) Immersion Suits– (i) There must be a total number of immersion suits on-board and readily available at the emergency muster stations, to accommodate the full crew complement on-board the vessel. High Seas Fishing 103 (ii) All immersion suits must comply with IMO – SOLAS LSA standards. (e) GMDSS Requirements– (i) The vessel must be GMDSS compliant in accordance with its tonnage and its area of operation. (ii) Any component of the GMDSS requirement that is out of date or unserviceable will render the vessel as not being GMDSS compliant. (iii) These items shall include inter alia EPIRP’s, SART’s and distress flares and rockets. SECTION 3 Vessel Operator’s Responsibilities Relating to the Observer Deployment 10. In order to initiate the observer deployment, the Vessel Operator shall submit the following information to the OSP– (a) Name of Vessel. (b) Flag State and Registration Number. (c) Call Sign. (d) Port of departure. (e) Port of observer embarkation. (f) Date of departure of Vessel. 104 High Seas Fishing (g) Planned Fishing area. (h. Fishing Method and gear. (i) Target species. (j) Port of arrival / observer disembarkation. (k) Expected Date of arrival / observer disembarkation. (l) Port visits expected (location and date where applicable for vessels that may fish inside or outside the fishing zones (EEZs) of different countries). (m) The name and contact details of the agents/operators responsible for managing operations. (n) Confirmation that the Vessel has Protection and Indemnity (P&I) or equivalent insurance. (o) Copy of the vessels current Safety Certificate. 11. The OSP will make travel arrangements for the observer embarkation based on the notification provided by the Vessel Operator. Every effort shall be made by the Vessel Operator to provide accurate information regarding ports of embarkation and disembarkation at the earliest opportunity to enable the OSP to make travel arrangements for the observer in a timely and efficient manner. Wherever possible, the OSP will confirm this information directly with the Vessel Operator prior to making travel bookings for the Observer. 12. The observer is contracted by the OSP for the trip. Should the plans of the vessel subsequently deviate from those originally provided to OSP in paragraph 10, (e.g., change of dates and ports of embarkation and/or disembarkation/or the High Seas Fishing 105 vessel fails to comply with the minimum safety requirements), the OSP will liaise with the vessel operator whether to keep the observer on stand-by or cancel the Observer deployment. All costs incurred while the observer is contracted and on stand-by will be recovered from the Vessel operator. 13. The mobilization of the observer from his home base to the point of embarkation will only commence when the signed MoU has been received by the OSP. 14. Vessel operators shall ensure that their captains and crew make the following arrangements for the observer whilst on board the vessel– (a) The observer signs on “ships articles” and is designated part of vessels crew for the duration of the trip, (this is to be facilitated by the vessel’s agent); (b) Observers shall be allowed access to the fishing gear and equipment to perform their functions as stipulated in Appendix 1; (c) 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 reporting requirements– (i) Satellite navigation equipment; (ii) electronic means of communication; (d) Observers shall be provided accommodation, including lodging, food and sanitary facilities, equal to those of the officers on board the Vessel; 106 High Seas Fishing (e) 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 their duties as observers (see Appendix 1); (f) The Vessel operator shall ensure that captains, crew and vessel owners cooperate and assist observers in the performance of their duties. SECTION 4 Observers’ Responsibilities on-board the Vessels 15. The observers will be required to undertake the tasks specified in the CCAMLR Scheme of International Scientific Observation and the relevant CCAMLR Conservation Measures in force. 16. Observers shall comply with the Standards of Conduct and Behaviour of Observers (Appendices 2 and 3), specifically– (a) Observers shall treat all information with respect to the fishing operations as confidential and accept this requirement in writing as a condition of appointment as an Observer; (b) Observers shall comply with the requirements established in the laws and regulations of the Flag State of the vessel which exercises jurisdiction over the vessel to which the observer is assigned; and (c) Observers shall respect the hierarchy and general rules of behavior which apply to all vessel personnel. A copy of these rules (Appendix 3) must be presented to the High Seas Fishing 107 observer and the observer will be requested to sign a copy acknowledging the same. SECTION 5 Entry into Effect, Duration and Termination of this MoU 17. The arrangements described by this MoU are applicable upon its signature. 18. This MoU represents the entire understanding between the parties and supersedes any prior written or oral representations, warranties or agreements. 19. The present MoU will be valid for a period of one (1) year after the date of signature, or any other period as agreed by both parties in writing. 20. Either Party may discontinue its participation in activities under this MoU at any time, and notify the other Party in writing. The termination shall take effect at a specified time after receipt by the addressee of the notice to terminate. For: Capricorn Fisheries Monitoring (South Africa) For: Insert name of Country and Observers Service Provider Signed1 Signed* Date: Date: Witness Witness: 1 To be signed in duplicate 108 High Seas Fishing SECTION 6 The functions and tasks of observers on board include inter alia1. Collect information to enable the cross-checking and verification of entries made to the logbooks (species composition and quantities, live and processed weight and location). 2. Record and report on all fishing activities that includes– (a) Date of each fishing operation, including, as appropriate, the start and stop times of the fishing activity; (b) Area of catch by latitude and longitude; (c) Fishing effort data for purse seine vessels, including number of fishing events and activity log; (d) Fishing effort data for longline vessels, including number of lines set, number of hooks. 3. Record and report on all catches that includes– (a) Catches of target species by number and or weights where appropriate; (b) Catches of commercial by-catch species retained, (sharks and fish); (c) Catches of by-catch species discarded and record the fate of these, (sharks and fish); High Seas Fishing 109 (d) Catches of threatened and endangered and protected species, (sharks, turtles, seabirds and marine mammals) and record their fate. 4. Record biometric data of target and the main by-catch species that includes; size composition, weights, sex and maturity and where requested otoliths, spines, scales for life history studies. 5. Record and report on implementation and effectiveness of measures used to mitigate against the catch and injury of threatened and endangered and protected species, (sharks, turtles, seabirds and marine mammals) 6. Undertake other scientific work as recommended by the working groups and agreed by the Commissions of the relevant RFMO’s. Observer Reporting Requirements 1. Observers will be required to submit a pre-sea safety report (Appendix 4) back to their managing authority prior to the vessel sailing. 2. Observers shall submit a deployment report to their managing authority within 24-hours of sailing. 3. Observers will be required to submit in-trip reports to their management authority at prescribed 5-day or 7-day intervals. 4. Observers will be required to compile a draft trip report by the end of the trip and provide a copy of the draft report to the vessels master and advise the master of their right to add comment or report comments back to the observer’s management authority and to their registering authority. 5. Within 24-hours of returning to their home base, observers will be required to submit all their electronic data collection forms and appropriate hard copies of their data together with a draft copy of their trip report. 110 High Seas Fishing 6. Within 10 days of the observer returning, they will be required to submit a comprehensive trip report to their management authority in the prescribed format. SECTION 7 International Standards of Conduct & Behaviour of Observers Definitions Conflict of interest - Participation in activities or relationships with other persons, resulting in the impairment or possible impairment of a person’s objectivity in performing the contract work. Direct financial interest - Any source of income to, or capital investment or other interest held by, an individual, partnership, or corporation or an individual’s spouse, immediate family member or parent that could be influenced by performance or non-performance of duties under the contract. 1.Observers may not participate in any activity which would– (a) Cause a reasonable person to question the impartiality or objectivity of the observer; (b) Significantly impair the observer’s ability to perform his/her duties. (c) Adversely affect the efficient accomplishment of the objectives of the observer deployment. 2. Observers may not have direct financial interest in the observed fishery, other than the provision of observer services including, but not limited to, vessels or shore-side facilities involved in the catching or processing of the products of the High Seas Fishing 111 fishery, companies selling supplies or services to those vessels or shore-side facilities, or companies purchasing raw or processed products from these vessels or shore-side facilities. The interests of a spouse or minor child are considered those of the observer. 3. Observers may not solicit or accept, directly or indirectly, any gratuity, gift, favour, entertainment, loan or anything of monetary value from anyone who conducts activities that are regulated by, or who has interests that may be substantially affected by the performance or non-performance of the observers’ official duties. 4. Observers may not serve as observers on any vessel or at any shore-side facility owned or operated by a person who previously employed the observer in any capacity. 5. Observers may not solicit or accept employment as a crew member or an employee of the vessel or shore-side processor in any fishery while employed as an observer. 6. Observers may not engage in an activity that may give rise to the appearance of a conflict of interest that may cause another individual to question the observer’s impartiality, fairness or judgment. 7. Observers must avoid any behaviour that could adversely affect the confidence of the public in the integrity of the Observer Programme under which the Observer is deployed, including, but not limited to the following– (a) Observers must diligently perform their duties. (b) Observers must accurately record their sampling data, write complete reports. If the Observer chooses to report any suspected violations of regulations relevant to conservation of marine resources or their 112 High Seas Fishing environment that they observe, it must be done honestly. (c) Observers must preserve the confidentiality of the collected data and observations made on board the Vessels (d) Observers must refrain from engaging in any illegal actions or any activities that would reflect negatively on their image, on other observers, or the Observer scheme, as a whole. This includes, but is not limited to– (i) Engaging in drinking of alcoholic beverages while on duty; (ii) Engaging in the use or distribution of illegal substances; (iii) Becoming physically or emotionally involved with vessel personnel Vessel Responsibilities 1. The Observer is to be signed on “ships articles” and is designated part of vessels crew in terms of the Vessels P&I requirements for comprehensive insurance cover while they are deployed onboard the vessel. 2. Observers shall be allowed reasonable and safe access to the fishing gear and equipment to perform their functions as stipulated in Appendix 1. 3. Upon request and with the vessels master’s permission or assistance the observers shall be allowed access to the following High Seas Fishing 113 equipment, if present on the vessels to which they are assigned, in order to facilitate their reporting requirements–2 (a) Satellite navigation equipment; (b) Electronic means of communication. 4. Observers shall be provided accommodations onboard, including sleeping quarters, food and sanitary facilities, equal to those of the officers on board the Vessel; that provides inter alia– (a) Well-ventilated and hygienically clean accommodation; (b) Potable water for drinking; (c) Fresh water sufficient for basic personal/clothes washing. 5. 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 their duties as observers (Section 6); 6. Vessel masters shall ensure that all necessary cooperation is extended to observers in order for them to carry out their duties safely including providing access, as required, to the retained catch, and catch which is intended to be discarded. 2 1 (Noting; Section 2, paragraph 10 and Section 6 paragraph 2 & 3) 114 High Seas Fishing SECTION 8 Pre-Sea Safety Inspection Check-list Fill in the fields where possible and comments where necessary. Observer Signature Vessel Master Signature Vessel Master Signature Vessel Details: Vessel Name Master Name Call Sign Flag Size GRT LOA Number of Crew Telephone Fax Inmarsat(A/C/M) & No. Vessel Contact Number Name Telephone Fax Mobile Email Vessel Agents Safety Equipment: Valid Safety Certificate(Y/N) Issuing Authority Life Boats Type Number Capacity Launch Method Gravity Davit or Free Fall High Seas Fishing 115 Life Rafts Type Number Capacity Hydrostatic release Yes/No Date Service Due Life Jackets Type Inflatable/Packed Number Location SOLAS Approved Cabin /Muster Station/ Both Yes/No Immersion Suits Number Location SOLAS Approved Cabin /Muster Station/ Both Yes/No Number Location SOLAS Approved Cabin /Muster Station/ Both Yes/No Life Buoys Number Free Release Light/SART Attached Yes/No Flares: Location If Checked No./Exp Date 116 High Seas Fishing First Aid Materials Locations Certified Medical Officer Fire Extinguisher Positioned In main corridor’s (Y/N) Charge seals intact(Y/N) Positioned on bridge (Y/N) Charge seals intact(Y/N) GMDSS Requirements Radio Equipment HF Operational yes or no MF Operational yes or no VHF Operational yes or no INMARSAT Operational yes or no NAVTEX Operational yes or no EPIRB’s Type Number Location Release manual/ float free SART’S Number Location Release manual/ float free Accommodation: Single Cabin or Sharing Comments Vessel Emergency Evacuation and Muster Stations Lists – Displayed (Y/N) General Comments: High Seas Fishing 117 FOURTH SCHEDULE [Regulation 49] TERMS OF REFERENCE High Seas Port Discharge Inspection Program Position: Fisheries Inspector Duration: 12 months Purpose: To outline the objectives of the Fisheries Inspectors and their roles and responsibilities within the framework of Belize’s port inspection program which is implemented to provide adequate inspector coverage to observe the discharge and transshipment of marine resources harvested on the high seas and other authorized areas for ALL Belize Flagged vessels. Objectives- To appoint fisheries inspectors in the major ports of discharge of Belize Flagged fishing vessels. - Have fisheries inspectors observe 5% or more of fishing vessels’ annual discharges and/or transshipments; with the exception of those discharges whose products are intended for EU markets in which case 100% of all discharges shall be observed. - Receive independent reports from fisheries inspectors for all discharges observed. 118 High Seas Fishing - Provide vessel inspection as necessary to monitor and report compliance of Belize flagged vessels with national and international fisheries laws and regulations. Scope of Duties and Responsibilities: Job DescriptionFisheries Inspectors shall– (a) Liaise with owners/operators of fishing vessels and Belize High Seas Fisheries Unit (BHSFU) to coordinate inspection of discharge or transshipment. (b) Travel to relevant port to inspect discharges. (c) Record data (weight, size, species etc.) of discharge including written reports and photographs, if and when necessary. (d) Provide a written report of the observed discharge directly to the BHSFU within 48 hours of the observation. (e) Keep an accurate and reliable record of all duties fulfilled on behalf of the BHSFU including reports and correspondence. (f) Conduct vessel inspections as necessary to ensure compliance with relevant RFMO and fisheries bodies regulations, as well as national legislation. (g) Other relevant tasks within reason as may be requested. Job SpecificationsHigh Seas Fishing 119 (a) Education and Training - Bachelor’s Degree in science, such as fisheries marine biology or related field of biology - 1 years’ experience working in the fishing industry. (b) Competency - Ability to identify fish species - Ability to perform basic mathematical computations and compile statistics. - Ability to think critically and do research. - Read and write English (any other languages will be an asset). - Computer literature (knowledge of Microsoft Office Suite and emailing). General Authority- Fisheries Inspectors shall have the power to board and take with them such other person(s) as may be required to assist with the performance of their duties and responsibilities. - Fisheries Inspectors may gather evidence in terms of photographs, specimens, and data in other relevant forms as may be required to submit a report to the BHSFU that may require initiation of punitive action against a fishing vessel. - Fisheries Inspectors shall have power to interrogate and require the master, crew or any relevant personnel to produce certificates of registration, licensing, official logbooks, letters of agreement or 120 High Seas Fishing any other documents relating to the vessel or crew for examination and may seize such documents if deemed necessary. - Fisheries Inspectors, having regard for safety of a vessel and its crew, may order the master to take the vessel to any place or port of harbour for the purpose of carrying out any search, examination or enquiry and may take steps necessary to immobilize any fishing vessel detained in accordance with any applicable legislation. - In exercising of his powers outlined above, a Fisheries Inspector may use such force as may be reasonably necessary. - Any other power as are prescribed in Section 33 of the High Seas Fishing Act, 2013. Supervision- Fisheries Inspectors shall be directly supervised by the Coordinator of the Port Inspection Program. All assignments, reports and other correspondence shall be communicated through the coordinator or any other person so designated by the Coordinator or the Director. Communications- In all matters pertaining to the business of the Belize Fisheries Department, regulated business organizations and other government organizations, Fisheries Inspectors must make every effort to achieve complete, accurate and timely communications – responding promptly and courteously to all proper requests for information and to all complaints. The BHSFU must be copied on all communications that arise with other entities High Seas Fishing 121 and be notified of any correspondence that requires the attention of the BHSFU for response. - Fisheries Inspectors must take care to separate their personal roles from the BHSFU when communicating on matters not involving their official role as Fisheries Inspector. - Fisheries Inspectors must not communicate publicly on matters that involve the business of the BHSFU unless they are certain that the views, they express are those of the BHSFU, and that it is the BHSFU’s desire that such views be publicly disseminated. - When dealing with anyone outside the BHSFU, including public officials, Fisheries Inspectors must take care not to compromise the integrity or damage the reputation of either the regulated business organization, or the BHSFU. Privacy and Confidentiality- In agreeing to become a Fisheries Inspector, one acknowledges that all fisheries related information becomes the property of the Government of Belize. Consequently, the Inspector must observe the following principles when handling private and confidential information pertaining to the vessel being inspected or information resulting from the observation of discharges. Collect, use and retain only relevant information. Whenever possible, obtain any relevant information directly from the entity concerned; and only use reputable and reliable sources to supplement this information when necessary. 122 High Seas Fishing Retain information only for as long as necessary or required by the BHSFU. Protect the physical security of this information. Limit internal access of information to those with a legitimate business reason for seeking information. Use only information for the purposes for which it was originally obtained. Obtain the consent of the BHSFU before externally disclosing any information unless legal process or contractual obligation provides otherwise. Disciplinary actions can be taken if the Inspector fails to treat any data with strict confidence. Code of Conduct- Fisheries Inspectors are expected to conduct themselves in a professional and business-like manner that will reflect the integrity of the BHSFU and the country of Belize. Drinking, gambling, fighting, swearing, sexual misconduct and other similar unprofessional activities are strictly prohibited while on the job. - Fisheries Inspectors should comply with all applicable laws and regulations and should avoid illegal acts at all costs. All business should be conducted in a manner that is not inconsistent with the laws and regulations of either the State of operation or of Belize. Conflict of Interest- Fisheries Inspectors should not engage in any activity that could possibly create a conflict of interest or that may interfere with the independent High Seas Fishing 123 exercise of judgment which may conflict with the best interests of Belize. - Fisheries Inspectors are expected to fulfill their fiduciary duties and responsibilities in an honest and conscientious manner and in accordance with the best interests of Belize. They should not use their position or knowledge gained as a result of their position for private or personal gain or advantage. - Fisheries Inspectors should avoid investment or acquisition of financial interests for their own accounts in any business organization that has a contractual relationship with Belize; or provide goods or services to that organization if such investment or interest could influence or create the impression of influencing their decisions in the performance of their duties on behalf of the BHSFU. - Fisheries Inspectors must not accept entertainment, gifts or personal Favors that could, in any way, influence or appear to influence their judgments and decisions in favour of any person or organization with whom Belize has or is likely to have regulatory control. Similarly, Inspectors must not accept any other preferential treatment under these circumstances because their position with the BHSFU might be inclined to, or be perceived to, place them under obligation to return the preferential treatment. - Fisheries Inspectors may not receive payment of compensation of any kind, except as authorized by Belize, from the business organization which is under the regulatory control of the Government of Belize through the BHSFU. In particular, secret commissions and personal benefits from regulated business organizations are strictly prohibited. 124 High Seas Fishing - Regardless of the circumstances, Fisheries Inspectors should immediately notify their supervisor of any action they have pursued, are currently pursuing or intend to pursue, have, is or will involve them in a conflict of interest stating the facts and circumstances. Compensation- The Fisheries Inspector shall be paid per inspection carried out in accordance with the agreed fees. - The Fisheries Inspector is also eligible to bill the Belize High Seas Fisheries Unit for ALL applicable incidental expenses incurred as a result of incumbent duties including but not limited to travel, accommodation, subsistence and communication. Billing for incidental expenses require preapproval of estimated expenses prior to carrying out required duties; and receipts should be provided for all expenses that are incurred. Termination of Contract- The contract may be terminated by either party subscribed thereto without cause by notifying the other party in writing 30 days prior to the termination date. Compensation for any work conducted after notice of termination has been given will be paid as per normal. - The BHSFU reserves the right to terminate the contract with immediate effect if the Fisheries Inspector is found to be in breach of ANY of the clauses outlined therein. High Seas Fishing 125 FIFTH SCHEDULE [Regulation. 49(4)] INSPECTION REPORT Date of Inspection: ___________ Port of Inspection: ____________ Vessel Particulars Vessel Name Call Sign: Registration Number License Number EEZ License Name of Captain Markings of Vessel and Identification of fishing gears Fishing Gear on board Purse Seine Crab Potts Long line Jigger Trawler Other (specify)___________________ List of Documents and areas inspected Logbook Yes No Infringement Yes No Function MTU Yes No Infringement Yes No 126 High Seas Fishing Transfer/ transshipment declaration Yes No Infringement Yes No Vessel marking correctly displayed Yes No Infringement Yes No Gear markings in line with relevant regulations Yes No Infringement Yes No Seabird and turtle mitigation measures on board Yes No Infringement Yes No Other (specify)___________________________________________ High Seas Fishing 127 Result of inspection of catch Species Total catch (kg) Information source Product type Sample inspected Length frequency (small - large) % under min size Catch landed this voyage: Total weight (m/t) Catch transhipped: Total weight (m/t) Catch containerized: Total weight (m/t) Catch kept on board: Total weight (m/t) Infringement of relevant RFMO conservation and management measures or national legislation observed (description of infringement with mention of legal reference, and if serious violation(s) have been detected, please complete Annex1) ____________________________________________________________ ____________________________________________________________ ____________________________________________________________ ____________________________________________________________ ____________________________________________________________ ____________________________________________________________ 128 High Seas Fishing ____________________________________________________________ ________________________________________________________ Inspector’s comments ____________________________________________________________ ____________________________________________________________ ____________________________________________________________ ____________________________________________________________ ____________________________________________________________ ________________________________________ - Regardless of the circumstances, Fisheries Inspectors should immediately notify their supervisor of any action they have pursued, are currently pursuing or intend to pursue, have, is or will involve them in conflict of interest stating the facts and circumstances. Compensation: - The Fisheries Inspector shall be paid per inspection carried out in accordance with the agreed fees. - The Fisheries Inspector is also eligible to bill the Belize High Sees Fisheries Unit for ALL applicable incidental expenses incurred as a result of incumbent duties including but not limited to travel, accommodation, subsistence and communication. Billing for incidental expenses require preapproval of estimated expenses prior to carrying out required duties; and receipts should be provided for all expenses that are incurred. Termination of Contract: - The contract may be terminated by either party subscribed thereto without cause by notifying the other party in writing 30 days prior to the termination date. High Seas Fishing 129 Compensation for any work conducted after notice of termination has been given will be paid as per normal. - The BHSFU reserves the right to terminate the contract with immediate effect of the Fisheries Inspector is found to be in breach of ANY of the clauses outlined therein 130 High Seas Fishing ANNEX 1 SERIOUS VIOLATION(S) (a) fishing without a valid license, authorization or permit issued by flag State or the relevant coastal State; (b) failure to maintain accurate records of catch and related data required by the flag State and other regional or sub-regional organizations; (c) misreporting of catch in contravention of catch reporting requirements of the flag State and other regional and sub- regional organizations; (d) fishing in closed areas; (f) targeting species without quota allocation granted by the flag State where quota allocations are applicable; (g) using prohibited or non-complaint fishing gears; (h) fishing for species which are subject to a moratorium or for which fishing is prohibited; (i) concealing the markings, identification or registration of the fishing vessel; (j) falsifying the markings, identification or registration of the vessel; (k) concealing, tampering with or disposing of evidence relating to an investigation; (l) multiple minor or serious violations, which together constitute a serious disregard for conservation and management measures; (m) failure to submit data required to be transmitted by satellite vessel monitoring system; High Seas Fishing 131 (n) obstructing the work of authorized officers in the exercise of their duties in monitoring compliance with applicable conservation and management measures; (o) obstructing the work of observers in the exercise of their duties of observing compliances with applicable conservation and management measures; (p) taking on board, landing or transhipping undersized fish in contravention of applicable conservation and management measures; (r) transhipping or participating in joint fishing operations which supports or re-supplied other fishing vessels identified as having engaged an IUU fishing, including those included in the IUU list of an RFMO or other recognized IUU list; (s) falsification of documents or use of such documents relevant to the operation of the vessel; (t) carrying out fishing activities in the area of an RFMO in the manner inconsistent with or in contravention of the conservation and management measures of that organization and being flagged to a State not party to that organization or not cooperating with that organization as established by that organization; or (u) non-compliance with measures outlined in circulars or notices established by the flag State or conservation and management measures set forth by relevant sub-regional or regional fisheries management organization or arrangement; Inspector’s signature_______________________ Date: _______________________