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Agreement Between the Government of the Cook Islands and the Taiwan Deep Sea Tuna Boat Owners and Exporters Association Concerning the Licensing of Fishing Vessels of the Association to Fish Within the Exclusive Economic Zone of the Cook Islands [1981] PITSE 2 (7 October 1981)

AGREEMENT BETWEEN THE GOVERNMENT OF THE COOK ISLANDS AND THE TAIWAN DEEP SEA TUNA BOAT OWNERS AND EXPORTERS ASSOCIATION CONCERNING THE LICENSING OF FISHING VESSELS OF THE ASSOCIATION TO FISH WITHIN THE EXCLUSIVE ECONOMIC ZONE OF THE COOK ISLANDS

(7 October 1981)

ENTRY INTO FORCE: 7 OCTOBER 1981

THE GOVERNMENT OF THE COOK ISLANDS AND THE TAIWAN DEEP SEA TUNA BOAT OWNERS AND EXPORTERS ASSOCIATION,

RECOGNIZING that the Government of the Cook Islands (hereinafter referred to as "the Government") has jurisdiction in respect of fishery resources within its two hundred mile
Exclusive Economic Zone off its coast (hereinafter referred to as "The Economic Zone") for the purpose of exploring and exploiting, conserving and managing resources of the economic zone;

NOTING that the Taiwan Peep Sea Tuna Boat Owners and Exporters Association (hereinafter referred to as "The Association") seeks to ensure that the vessels of the Association's
members are freely allowed to harvest fish in the Economic Zone;

AND DESIROUS of establishing reasonable terms and conditions pertaining to fisheries of mutual advantage, and Affirming their wish to establish mutually beneficial cooperation in the field of fisheries;

HAVE AGREED AS FOLLOWS:

Article I

This Agreement (the "Licensing Agreement'') shall have effect during the period from October 7, 1981 to October 6, 1982 (the "period").

Article II

1. In consideration of the issue by the Government of the Licence in accordance with Article IV below, the Association shall pay to the Government a Fee of US$90,000-00 for the period, and pro rata for any part of a year.

2. The Fee referred to in Paragraph 1 of the Article shall be non-refundable, regardless of any cancellation of anv permit or permits during the period unless the said Licence is cancelled without due cause.

Article III

1. The Fee referred to in Paragraph 1 of Article II shall be paid by the Association in two equal instalments, the first within two months after signature of this agreement and the second
within six months after the first payment to the account of the Government with the National Bank of New Zealand at Rarotonga, or such other bank as the Government may direct.

2. All fees payable by the Association to the Government under this Agreement shall be paid free and clear of deductions or withholdings of any nature whatsoever.

Article IV

1. In consideration of the payment of the Fee referred to in Paragraph 1 of Article II above, the Government hereby licenses and grants to the Association authority to issue Licence Certificates (in the form set out in Appendix A to this Agreement) to the Associations Fishing Vessels (the "Licensed Vessels") to allow the Licensed Vessels to engage in fishing during the period prescribe in Article 1 within the Cook Islands Exclusive Economic Zone, provided that the actual number of vessels engaged in fishing during the period does not exceed NINETY. Each Licence Certificate issued in respect of a Licensed Vessel shall be issued to the owner thereof (hereinafter called the “Licensed Owner").

2. One copy of each Licence Certificate issued in accordance with paragraph 1 of the Article shall be given to the Captain of the respective Licensed Vessel, one copy of each Licence Certificate
shall be sent to the Government and one copy of each Licence Certificate shall be kept by the Association.

3. The Captain of each Licensed Vessel engaged in fishing within the Cook Islands Exclusive Economic Zone shall carry his copy of the Licence Certificate on board the Licensed Vessel and shall produce it for inspection on demand by an officer duly authorised by the Government.

4. Should a Licensed Owner lose, sell. his vessel or build replacement vessel or should the items in the Licence Certificate be changed due to inheritance or other reasons during the period of validity of the Certificate a new Certificate may be issued for the remaining portion of the period of validity of the original Certificate. In such event the original Certificate shall be cancelled and returned to the Government together with a copy of the new Certificate.

5. The transfer of any Licence Certificate is prohibited, and except as provided in Paragraph 4 of this Article, no Licence Certificate which has been cancelled or revoked may be issued or re-issued to a Licensed owner or any other person.

Article V

1. Purse seine fishing within the Cook Islands Exclusive Economic Zone is prohibited unless and until written notice to the contrary is given by the Government.

2. Fishing within the Twelve mile territorial waters of the Cook Islands is prohibited.

Article VI

1. Each Licensed Vessel engaged in fishing within the Cook Islands Exclusive Economic Zone shall be required to maintain and complete a log book in the forms set out in Appendix B, provided that, where a Licensed Vessel is at sea prior to receipt of the Licence Certificate, such part of the log book as is incomplete may be prepared retrospectively.

2. The Association shall ensure that copies of log books relating to fishing within the Cook Islands Exclusive Economic Zone are sent to the Government as soon as possible and in any event within two months after completion of each voyage of the Licensed Vessel concerned.

3. The Captain of each licensed vessel shall give to Rarotonga Radio (ZKR) twenty-four hours notice of his intention to enter the Exclusive Economic Zone, and the nautical position of the intended point of entry, and the quantity of fish then on board.

4. The Captain of each licensed vessel shall give to Rarotonga Radio his nautical position every seven days after entering and while within the Exclusive Economic Zone.

5. The Captain of every licensed vessel shall give to Rarotonga Radio twenty-four hours notice of his intention to leave the Exclusive Economic Zone and the nautical position of the intended point of exit from the Zone, and the quantity of fish then on board.

Article VII

1. If the Government notifies the Association that a Licensed vessel, or the Captain or Licensed owner thereof has contravened the provisions of this Agreement or the conditions of the Licence Certificate, or any of the Laws of the Cook Islands the Association shall if so notified by the Government, cancel or withdraw forthwith the Licence Certificate issued to the Licensed owner for the Licensed Vessel. When giving such notification the Government shall provide the Association with a statement as to the offence committed, together with supporting evidence relating to the offence. The Government shall give the Association an opportunity to appeal to the Minister of Agriculture and Fisheries of the Government of the Cook Islands against such cancellation or withdrawal, provided that the Licence Certificate so withdrawn remains withdrawn until the decision of the appeal.

2. The License granted to the Association under Paragraph 1 of Article IV of this Agreement may be cancelled and withdrawn by the Government in the event of the Association contravening the provisions of the Fisheries Agreement including any failure of the Association to cancel and withdraw forthwith any Licence Certificate upon notification by the Government in accordance with Paragraph 1 of this Article, and the Government shall give the Association an opportunity to appeal against such cancellation or withdrawal, until the decision of the appeal.

Article VIII

The Association shall take all necessary measures to ensure prompt and adequate compensation to the Cook Islands Government or its citizens for any loss or damage that is caused by any of the fishing vessels licensed by the Association under this Agreement. But in the event of force majeure, the Association and the fishing vessel should be exempted from such responsibilities for the loss or damage caused.

Article IX

The Agreement shall be made in duplicate in English and the Government and the Association shall each hold one signed original thereof as evidence of their Agreement.

Article X

The Licence granted hereunder to the Association is granted pursuant to and under the authority of the Cook Islands Exclusive Economic Zone Act 1977 and the Laws of the Cook Islands.

DATED October 7, 1981