THE GOVERNMENT OF THE COOK ISLANDS AND THE TAIWAN DEEP SEA TUNA
BOAT OWNERS AND EXPORTERS ASSOCIATION,
Recognising 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 Econ-
omic Zone off its coast (hereinafter referred to as "The Econom-
ic Zone") for the purpose of exploring and exploiting, conservi-
ng and managing resources of the ecbnomic zone ;
Noting that the Taiwan Deep SeaTuna Boat Owners and Exporters A-
ssociation (hereinafter referred to as "The Association") seeks
to ensure that the vessels of the Association's members are fre-
ely allowed to harvest fish in the Economic Zone ;
And desirous of establishing reasonable terms and conditions pe-
rtaining to fisheries of mutual advantage, and affirming their
wish to establish mutually beneficial cooperation in the field
of fisheries ;
Have agreed as follows :
ARTICLE 1
This Agreement (the "Licensing Agreement" )shall have effect du-
ring the period front 1 January 1987 to 31 December 1987(the "p-
eriod")
ARTICLE 2
1.In consideration of the issue by the government of Fiftyfive (
55) Licences in accordance with Article 4 below, the Associat-
ion shall pay to the government a Fee of US$82,775 for the pe-
riod and pro rats for any part of a year.
2.The Fee referred to in Paragraph 1 of this Article shall be n-
on - refundable, regardless of any cancellation of any permit
or permits during the period unless the said Licence is cance-
lled without due cause.
ARTICLE 3
1.The Fee referred to in Paragraph 1 of Article 2 shall be paid
by the Association in two equal instalments, the first within
Two months after signature of this Agreement and the second w-
ithin 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 t-
his Agreement shall be paid free and clear of deductions or w-
itholdings of any nature whatsoever.
ARTICLE 4
1.In consideration of the payment of the Fee referred to in Par-
agraph 1 of Article 2 above, the Government shall issue Licen-
ce Certificates (in the form set out in ANNEX A to this Agree-
ment) to the Association's Fishing Vessels (the " Licensed Ve-
ssels" )to allow the Licensed Vessels to engage in fishing du-
ring the period prescribed in Article 1 within the Cook Islan-
ds Exclusive Economic Zone, provided that the actual number of
vessels engaged in fishing during the period does not exceed
Fiftyfive (55) Each Licence Certificate issued in respect of a
Licensed Vessel shall be issued to the owner thereof (hereina-
fter called the Licensed Owner ")
2.Two copies of each Licence Certificate issued in accordance w-
ith Paragraph 1 of this Article shall be sent to the Associat-
ion, one of which shall be delivered to the Captain of the Li-
censed Vessel.
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 s-
hall produce it for inspection on demand by an officer duly a-
uthorised by the Government, provided that, where a Licensed
Vessel is at sea prior to receipt of the Certificate, product-
ion of the Certificate number shall be sufficient.
4.Should a Licensed Owner lose, sell his vessel or build a repl-
acement vessel or should the items in the Licence Certificate
be changed due to inheritance or other reasons during the per-
iod of validity of the Certificate a new Certificate may be i-
ssued for the remaining portion of the period of validity of
the original Certificate. In such event the original Certific-
ate shall be cancelled and returned to the Government.
5.The transfer of any Licence Certificate is prohibited, and ex-
cept as provided in paragraph 4 of this Article, no Licence C-
ertificate which has been cancelled or revoked may be issued
or reissued to a Licensed Owner or any other person.
ARTICLE 5
1.Purse seine fishing within the Cook Islands Exclusive Economic
Zone is prohibited unless and until written notice to the con-
trary is given by the Government.
2.Fishing within the Twelve mile territorial waters of the Cook
Islands is prohibited,
ARTICLE 6
1.Each Licensed Vessel engaged in fishing within the cook Islan-
ds Exclusive Economic Zone shall be required to maintain and
complete a log book in the forms set out in Annex B, provided
that, where a Licensed Vessel is at sea prior to receipt of t-
he Licence Certificate, such part of the log book as is incom-
plete 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 w-
ithin Two months after completion of each voyage of the Licen-
sed Vessel concerned.
3.The Captain of each Licensed Vessel shall give to Rarotonga R-
adio (ZKR) either directly or indirectly at least 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 R-
adio 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 twentyfour hours notice of his intention to leave the E-
xclusive Economic Zone and the nautical position of the inten-
ded point of exit from the Zone, and the quantity of fish then
on board.
ARTICLE 7
If the Government notified the Association that a Licence has b-
een cancelled or withdrawn because a Licensed Vessel, or the Ca-
ptain or Licensed Owner there of 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 f-
orthwith return all copies of the Licence Certificate to the G-
overnment. When giving such notification the Government shall
provide the Association with a statement as to the offence com-
mitted, together with supporting; evidence relating to the off-
ence. The Government shall give the Association an opportunity
to appeal to the Minister of Marine Resources of the Government
of the Cook Islands against such cancellation or withdrawal, p-
rovided that the Licence certificate so withdrawn remains with-
drawn until the decision of the appeal.
ARTICLE 8
The Association shall take all necessary measures to ensure pr-
ompt and adequate compensation to the Cook Islands Government
or its citizens for any lass or damage that is caused by any of
the fishing vessels licensed by the government under this Agre-
ement. 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 9
The Agreement shall be made in duplicate in English and the Gov-
ernment and the Association shall each hold one signed original
thereof as evidence of their Agreement.
ARTICLE 10
The Licences granted hereunder are granted pursuant to and under
the authority of the Cook Islands Exclusive Economic Zone Act 19
77 and the Laws of the Cook Islands.
DATED:
Signed for and on behalf of
TAIWAN DEEP SEA TUNA BOAT OWNERS AND EXPORTERS ASSOCIATION, TEE
REPUBLIC OF CHINA
[Signed]
Signed for and on behalf of THE GOVERNMENT OF THE COOK ISLANDS
[Signedl
P.Robati
Minister of Marine Resources
ANNEX A
Licence to Fish in the Cook Islands Exclusive Economic Zone
1.This licence is issued pursuant to section 13 of the Territor-
ial Sea and Exclusive Economic Zone Act 1977.
2.The foreign fishing craft described hereunder is hereby licen-
sed to be used for fishing in the exclusive economic zone for
the period specified in paragraph 4 of this licence, for the
purposes, specified in paragraph 3 of this licence and in acc-
ordance with the conditions set out in the Schedule to this l-
icence and subject to all Cook Islands laws that apply to the
craft in the zone.
Description of Craft
Name of craft :
Type of craft :
Registration number :
Gross tonnage :
Name of master :
Name of owner :
Country of registration :
Overall length :
International radio call sign :
3.The purpose for which the craft may be used for fishing in the
zone are as follows: Fish normally taken by tuna longline fis-
hing gear.
4.Subject to the Act, this licence in valid from 1 January 1987
to 31 December 1987.
5.This licence is not transferable.
SCHEDULE CONDITIONS
The Captain of any licensed vesse shall :
(1) not fish within the 12 mile territoria waters of the Cook I-
slands.
(2) permit an officer duly authorised by the Government of the
Cook Islands to board and inspect the log book and Licence
Certificate of his veesel.
(3) keep up to date the log book in the approved form in ink.
(4) submit copies of log books related to any fishing acitvities
within the Cook Islands Exclusive Economic Zone as soon as
possible and in any event within 2 months after the complet-
ion of each voyage in accordance with the instructions given
by the officer duly authorised by the Government of the Cook
Islands.
Dated this day of 19
Minister of Marine Resources