Having regard to the Fisheries Agreement between the Government
of Tuvalu and the Government of the Republic of China signed in
' Taipei on 5th November, 1981 (the”Fisheries Agreement”) the
Taiwan Deep-sea Tuna Boat Owners and Exporter Association of the
Republic of China' (”the Association”) of the one part and the
Government of Tuvalu (”the Government”) of the other part have
agreed as follows:
This Agreement (”the Licensing Agreement”) shall have effect
during the period from March 5, 1983 to March 4, 1984.
1 In consideration of the grant of Permits by the Government of
Tuvalu in accordance with Paragraph 1 of the Article IV below,
the Association shall pay to the Government a fee of US$81.690
for the Period, and pro rata for any part of the year.
2 The Fee referred to in Paragraph 1 of this Article shall be n-
on-refundable, regardless of any rescission during the Period
of this Licensing Agreement unless it is rescinded by the Gov-
ernment without due cause.
1 The Fee referred to in Paragraph 1 of Article II shall be paid
by the Association within 40 days of the date of this Agreeme-
nt to the account of the Government with National Bank of Tuv-
alu or such other bank as the Government may direct.
2 All fees payable by the Association to the Government under t-
his Agreement shall be paid free and clear of deductions or w-
ithholdings of any nature whatsoever. In the event that the G-
overnment of the Republic of China or its authorities concern-
ed require the Association to make any deduction or with-hold-
ings of any nature whatsoever from any payment of fees to the
Government under this Agreement, the sum due from the Associa-
tion in respect of such payment shall be increased to the ext-
ent necessary to ensure that after making any such deduction
or withholding the Government shall receive a net sum equal to
the sum which it would have received had no such deduction or
withholding been required.
1 In consideration of the payment of the Fee referred to in Par-
agrap 1 of Article II above, and subject to the pro-visions of
the Fisheries Regulations 1982 annexed to this Agreement (Ann-
ex 1 and ”the Fisheries Regulations”) the Government shall
grant Permits in accordance with the terms of this Agreement
in the from prescribed to Republic of China fishing vessels o-
wned or chartered by Republic of China nationals or corporati-
ons (”the Licensed Owner”) which are nominated by the Assoc-
iation provided that the total number of vessels nominated sh-
all not exceed 70.
i) The Association shall nominate the vessel to which permits
shall be granted under this Agreement by completing the app-
lication form presented in the Fishing Regulations.
ii) On receipt of the prescribed application the Government of
Tuvalu will, subject to the laws of Tuvalu and the Fishing
Regulations, as soon as practicable issue a permit in the f-
orm prescribed in the Fisheries Regulations and subject to
the conditions set out in Annex II to this Agreement. The o-
riginal Permit with one copy shall be sent to the Associati-
on and if so requested the Government shall immediately upon
the prepartation of the Permit telex or telegraph confirmat-
ion of the grant of Permit and details of the Permit Number
and date of issue.
iii) One copy of each Permit issued in accordance with Paragraph
2 (i) of this Article shall be given by the Association to
the Captain of the Licensed Vessel in question, one copy of
each Permit shall be kept by the Association.
Provided that a fishing vessel may enter the Fishery Limits
prior to the receipt by the Captain of the Vessel of the P-
ermit provided the Permit has been issued and the other pr-
ovisions of this Agreement and the Fisheries Regulations of
Tuvalu are complied with.
iv) The Association shall at all times ensure that any captain
of a vessel nominated under the provision of paragraph (i)
is aware of the laws and Fisheries Regulations of Tuvalu a-
nd of the conditions subject to which the Permit was grant-
3 The Captain of each vessel in respect of which a Permit is gr-
anted (”the licensed vessel”) engaged in fishing within the
Fishery Limits shall carry his copy of the Permit on board the
licensed vessel and shall produce it for inspection on demand
by any officer duly authorized by the Government, provided th-
at, where a licensed vessel is at sea prior to receipt of the
permit quotation of the Permit number shall be sufficient.
4 Should a Licensed Owner lose, sell his vessel, build a replac-
ement vessel, or the details supplied in the application for a
Permit require to be changed due to inheritance or any other
reson during the period of validity of the Permit the Governm-
ent of Tuvalu shall be informed and a new Permit may be issued
for the remaining portion of the period of validity of the or-
iginal Permit. In such event the original shall be cancelled
and returned to the Government prior to the issue of the new
5 The transfer of any Permit is prohibited, and except as provi-
ded in Paragraph (4) of this Article, no Permit which has been
cancelled or revoked may be issued or re-issued to a Licensed
Owner or any other person.
1 All types of fishing within the Fishery Limits is prohibited
except long-line fishing under the specific authority of a Pe-
2 Fishing within the territorial waters of Tuvalu is prohibited.
1 Each Licensed Vessel engaged in fishing within the Fishery Li-
mits shall be required to maintain and complete a log book in
the form prescribed in the Fisheries Regulations provided that
, where a Licensed Vessel is at sea prior to receipt of the P-
ermit, such part of the log book as is incomplete may be prep-
2 The Association shall ensure that copies of log books relating
to fishing within the Fishery Limits are sent to the Governme-
nt as soon as possible and in any event within 45 days after
completion of the voyage of the Licensed Vessel to which the
log book relates.
1 If the Government notifies the Association that a Licensed ve-
ssel, or the Captain or Licensed Owner thereof, has contraven-
ed the provisions of the Fisheries Agreement, of this Agreeme-
nt, or the conditions of the Permit or any of the relevant la-
ws of Tuvalu the Government may cancel and withdraw forthwith
the permit issued to the Licensed Owner for the Licensed Vess-
el. When giving such notification, the Government shall provi-
de the Association with a statement as to any offence committ-
ed or provision contravened together with any supporting evid-
ence. The Government shall give the Association or the Licens-
ed Owner an opportunity to appeal against such cancellation a-
nd withdrawal provided that any Permit so withdrawn remains w-
ith drawn until the decision Government on the appeal.
2 This Agreement may be revoked by the Government in the event
that the Association or any vessel contravenes any provision
of the Fisheries Agreement or of this Agreement. The Governme-
nt shall give the Association an opportunity to appeal against
such revocation, provided this Agreement remain rescinded unt-
il the decision of the Government on the appeal.
If at any time approval of the Government of the Republic of Ch-
ina is necessary or desirable for the Association to make the p-
ayments provided for herein, the Association shall promptly obt-
ain such approval and thereafter maintain the validity thereof.
Thia Agreement shall be made in duplicate in English and the As-
sociation and the Government shall each hold one signed original
thereof as evidence of their agreement.
Any Permit granted under the provisions of this Licensing Agree-
ment to a nominee of the Association will be granted pursuant to
and under the authority of the Proclamation by the Governor-Gen-
eral of Tuvalu dated 26th October 1978, the laws of Tuvalu and
Fisheries Regulations all of which shall be deemed to be incorp-
orated in and a part of this Agreement.
Dated this 17th day of June 1983.
For and on Behalf of te Tawian
Deep Sea Tuna Boat Owners and
Exporter Association, Republic
For and on Behalf of the
Government of Tuvalu