PROTOCOL
on the implementation of the Agreement on a Sustainable Fisheries Partnership between the European Union and the Republic of Senegal
Article 1
Purpose
Article 2
General provisions
Article 3
Scope
Article 4
Financial contribution
Article 5
Sectoral support
Article 6
Scientific cooperation
Article 7
Economic cooperation and exploitation
Article 8
Adjustment of fishing opportunities and review of the provisions governing fishing activities
Article 9
Incidental catches
Article 10
New fishing opportunities and exploratory fishing
Article 11
Electronic communication
Article 12
Confidentiality of data
Article 13
Suspension
Article 14
Termination
Article 15
Duration
Article 16
Provisional application
Article 17
Entry into force
ANNEX
CONDITIONS GOVERNING FISHING ACTIVITIES BY UNION VESSELS IN SENEGALESE FISHING ZONES
CHAPTER I
General provisions
1. Designation of the competent authority
2. Fishing zones
3. Biological rest periods
4. Designation of an agent
5. Bank account for payments by vessel owners
6. Contacts
CHAPTER II
Fishing authorisations
1. Conditions for obtaining a fishing authorisation – eligible vessels
2. Applications for fishing authorisations
3. Fees and flat‐rate advances
4. Issuing of fishing authorisations and provisional list of vessels authorised to fish
5. Transfer of fishing authorisations
6. Period of validity of licences
7. Support vessels
CHAPTER III
Technical measures
CHAPTER IV
Monitoring, control and surveillance
Section 1
Monitoring and reporting of catches
1. Electronic fishing logbook
2. Aggregate catch data
3. Transition to an electronic fishing data reporting system (ERS)
4. Statement of fees
Section 2
Entering and leaving Senegalese waters
Section 3
Entry into port, transhipment and landings
1. Vessels shall notify the competent authority of their entry into port at least 72 hours in advance.
2. Pole‐and‐line vessels shall land catches made in Senegal’s fishing zones at the port of Dakar.
3. All Union fishing vessels operating under this Protocol which carry out transhipments in Senegalese waters shall do so in accordance with Senegalese legislation.
4. Transhipment requests shall include the following information:
5. Any transhipment or landing of catches not covered by points 1 to 4 above shall be prohibited in Senegalese waters. Any person infringing this provision shall be liable to the penalties provided for by the applicable Senegalese regulations.
Section 4
Satellite‐based vessel monitoring system (VMS)
1. Vessel position messages – VMS
2. Secure communication of position messages to Senegal
3. Validity of VMS messages in the case of dispute
Section 5
Observers
1. Observation of fishing activities
2. Designated vessels and observers
3. Flat‐rate financial contribution
4. Observer’s salary
5. Conditions on board
6. Obligations of the observer
7. Observer’s boarding and leaving the vessel
8. Tasks of the observer
9. Observer’s report
Section 6
Inspections at sea or in port
1. Inspections at sea
2. Inspections in port
Section 7
Infringements
1. Handling of infringements
2. Detention of vessels – information meeting
3. Penalties for infringements – compromise procedure
4. Legal proceedings – bank security
5. Release of the vessel and the crew
Section 8
Participatory monitoring in the fight against IUU fishing
1. Objective
2. Procedure
3. Reciprocity
CHAPTER V
Signing‐on of seamen
1. Owners of Union fishing vessels operating under this Protocol shall employ nationals of the African, Caribbean and Pacific Group of States (ACP), subject to the following conditions and limits:
2. Vessel owners shall endeavour to sign on Senegalese seamen.
3. The principles and rights enshrined in the International Labour Organization (ILO) core conventions shall apply to seamen taken on board Union fishing vessels. These include, in particular, the freedom of association, effective recognition of the right to collective bargaining, and elimination of discrimination in respect of employment and occupation.
4. The employment contracts of Senegalese seamen, a copy of which shall be given to the maritime authority and the signatories of the contracts, shall be drawn up between the vessel owners’ representative(s) and the seamen and/or the seamen’s trade unions or representatives. These contracts shall ensure that the seamen have decent living and working conditions on board and the social security cover applicable to them, in accordance with the relevant legislation and the ILO standards, including life assurance and sickness and accident insurance.
5. The wages of seamen from ACP countries shall be paid by the vessel owners. They shall be set by mutual agreement between the vessel owners, or vessel owner’s representatives, and the seamen and/or the seamen’s trade unions or representatives. The wages of seamen from ACP countries shall not, however, be below ILO standards.
6. All seamen recruited by Union fishing vessels shall report to the master of the designated vessel on the day before their proposed signing‐on date. If a seaman fails to appear at the agreed date and time of signing‐on, the vessel owner shall be automatically absolved of the obligation to take the seaman on board.
7. Vessel owners shall transmit on an annual basis information on seamen signed on. This information shall include the number of seamen who are nationals of:
Appendices to the Annex
Appendix 1
SENEGAL‐EUROPEAN UNION FISHERIES AGREEMENT
Appendix 2
TECHNICAL SHEET FOR DEEP‐WATER DEMERSAL SPECIES
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Deep‐water hake (Merluccius senegalensis and Merluccius polli) |
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The permitted fishing zone is defined as follows(1):
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Conventional demersal or hake trawl, minimum mesh size 70 mm. No methods or devices may be used to seek to obstruct the mesh of the nets or reduce their selective effect. However, in the interests of reducing wear or damage, protective aprons of netting or other material may be attached, but only to the underside of the codend of a bottom trawl. Such aprons must be attached only to the forward and lateral edges of the codend of the trawl. Protective devices may be used for the top of the trawl, but these must consist of a single section of net of the same material as the codend, with the mesh measuring at least 300 millimetres when stretched out. Doubling of the codend’s netting yarn, whether single or multiple, is prohibited. |
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15 % cephalopods, 5 % crustaceans and 20 % other deep‐water demersal fish. The percentages of by‐catches set out in the first subparagraph shall be calculated at the end of each fishing trip, in relation to the total catch weight, in accordance with Senegalese regulations. It is prohibited to retain on board, tranship, land, store or sell all or some of the elasmobranches protected by the Union Plan of Action for the Conservation and Management of Sharks and by the Regional Fisheries Management Organisations and the competent Regional Fisheries Organisations, i.e. oceanic whitetip shark (Carcharhinus longimanus), silky shark (Carcharhinus falciformis), white shark (Carcharodon carcharias), basking shark (Cetorhinus maximus), porbeagle (Lamna nasus), bigeye thresher shark (Alopias superciliosus), angel shark (Squatina squatina), giant manta ray (Manta birostris) and hammerhead shark species (Sphyrna zygaena). Elasmobranch species not allowed on board, if accidentally caught, must not be injured. Specimens caught must be promptly released. It is prohibited to retain on board, tranship, land, store or sell pelagic species, among which Trachurus spps., Sardina pilchardus, Scomber spps. and Sardinella spp.. |
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Authorised catch volume: |
1 750 tonnes per year |
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Fee: |
EUR 95/tonne |
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The fee shall be calculated at the end of each period of three months in which the vessel is authorised to fish, taking into account the catches made during that period. The licence shall be granted on advance payment of EUR 500 per vessel, to be deducted from the total amount of the fee. The advance payment shall be made at the beginning of each three‐month period in which the vessel is authorised to fish. |
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2 vessels |
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Ocean‐going fish trawlers (deep‐water demersal species) |
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25 % of the crew |
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1 May to 30 June(3) |
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It is compulsory for each trawler to take on board a scientific observer. |
Appendix 3
TECHNICAL SHEET FOR FREEZER TUNA SEINERS, POLE‐AND‐LINE VESSELS AND SURFACE LONGLINERS
1. Fishing zones
2. Prohibited species
3. Gear and species
4. Vessel owners’ fees – number of vessels:
Additional fee per tonne caught |
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Annual flat‐rate advance |
For tuna seiners: EUR 18 500 For pole‐and‐line vessels: EUR 13 000 For surface longliners: EUR 3 525 |
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Flat‐rate fee for observers |
EUR 600 per vessel per year |
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Fee per support vessel |
EUR 3 500 per vessel per year |
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Number of vessels authorised to fish |
28 tuna seiners 5 surface longliners 10 pole‐and‐line vessels |
Appendix 4
Electronic fishing logbook (ERS)
1. ERS communications
2. Failure of the electronic transmission system on board the vessel or of the communication system
3. Alternative means of communication
Appendix 5
Satellite‐based vessel monitoring system (VMS)
1. Vessel position messages – VMS
2. Transmission by the vessel in the event of breakdown of the VMS
3. Malfunction of the communication system
4. Revision of the frequency of position messages
5. Communication of VMS messages to Senegal
Data |
Code |
Mandatory (M)/ optional (O) |
Content |
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Start of record |
SR |
M |
System detail indicating start of record |
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Addressee |
AD |
M |
Message detail – Addressee Alpha‐3 country code (ISO‐3166) |
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From |
FR |
M |
Message detail – Sender Alpha‐3 country code (ISO‐3166) |
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Flag State |
FS |
M |
Message detail – Flag State Alpha‐3 code (ISO‐3166) |
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Type of message |
TM |
M |
Message detail – Type of message (ENT, POS, EXI, MAN) |
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Radio call sign (IRCS) |
RC |
M |
Vessel detail – Vessel international radio call sign (IRCS) |
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Contracting party internal reference number |
IR |
M |
Vessel detail – Unique contracting party number Alpha‐3 code (ISO‐3166) followed by number |
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External registration number |
XR |
M |
Vessel detail – Number on side of vessel (ISO 8859.1) |
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Latitude |
LT |
M |
Vessel position detail – Position in degrees and decimal degrees N/S DD.ddd (WGS84) |
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Longitude |
LG |
M |
Vessel position detail – Position in degrees and decimal degrees E/W DD.ddd (WGS84) |
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Course |
CO |
M |
Vessel course 360° scale |
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Speed |
SP |
M |
Vessel speed in tenths of knots |
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Date |
DA |
M |
Vessel position detail – Date of record of UTC position (YYYYMMDD) |
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Time |
TI |
M |
Vessel position detail – Time of record of UTC position (HHMM) |
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End of record |
ER |
M |
System detail indicating end of record |
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In NAF format, each data transmission shall be structured as follows:
Before the provisional application of this Protocol, Senegal shall state whether the VMS data are to be transmitted via FLUX TL, in UN/CEFACT format. |