Decree No. 2010 - 728 Of June 29, 2010 Laying Down The Conditions Under Which Ships Flying Flag Of A Foreign State May Be Authorised To Fish In The Economic Zone Off The Coast Of Clipperton Island

Original Language Title: Décret n° 2010-728 du 29 juin 2010 fixant les conditions dans lesquelles des navires battant pavillon d'un Etat étranger peuvent être autorisés à pêcher dans la zone économique située au large de l'île de Clipperton

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Summary pursuant to article 62 of the Act No. 2009-594, may 27, 2009.
Totally repealed text (Decree No. 2014 - 1608 26 December 2014).
Keywords overseas, CLIPPERTON Island, fishing, water territorial and economic ZONE, fishing vessel, State foreign, ship overseas, area fisheries, fishing exercise, fishing law, authorization, regulation, control, authority competent JORF n ° 0149 by June 30, 2010 page 11825 text no. 78 Decree No. 2010-728 of June 29, 2010 laying down the conditions under which vessels flying flag of a foreign State may be authorised to fish in the economic zone off the coast of the island of Clipperton NOR : OMEO1011269D ELI: https://www.legifrance.gouv.fr/eli/decret/2010/6/29/OMEO1011269D/jo/texte Alias: https://www.legifrance.gouv.fr/eli/decret/2010/6/29/2010-728/jo/texte Prime Minister, on the report of the Minister of the Interior, of the overseas and local authorities, having regard to the agreement for the purposes of the application of the provisions of the convention of the United Nations on the law of the sea of 10 December 1982 relating to the conservation and management of fish stocks whose movements are both inside beyond exclusive economic zones (straddling stocks) and highly migratory fish stocks opened for signature at New York on 4 December 1995;
Having regard to the convention on the strengthening of the Inter-American tropical tuna commission established by the 1949 convention between the United States and the Republic of Costa Rica (four annexes), signed in Washington on 14 November 2003;
Pursuant to law n ° 55 - 1052 of August 6, 1955 as amended concerning the status of southern and Antarctic French and Clipperton Island, including its title II;
Seen Act No. 76-655 16 July 1976 as amended relating to the economic zone and the ecological protection zone off the coast of the territory of the Republic;
Having regard to Decree of January 9, 1852, on the exercise of the maritime fishing, amended by Act No. 2009-594, may 27, 2009, for the economic development of overseas, in particular articles 9 and 13 of this Decree;
Considering Decree No. 78-147 3 February 1978 establishing, in accordance with Act No. 76-655 on July 16, 1976, to an economic zone off the coast of the island of Clipperton.
Mindful of Decree No. 78-963 19 September 1978 amended laying down the conditions under which foreign vessels may obtain fishing rights in the economic zones that have been created off the coast of alongside of the overseas territories and the territorial entity of Mayotte;
Considering Decree of 31 January 2008 on the administration of Clipperton Island, enacts as follows: Article 1 more on this article...

Without prejudice to the provisions of specific agreements with third States, the exercise of fishing by licensed vessels flying flag of a foreign State in the economic zone of Clipperton Island is subject to the grant of a licence under the conditions laid down in the following articles.
Foreign assistance vessels operating in the exclusive economic zone of Clipperton must also have a license and are subject to the same obligations.
The exercise of fishing by other foreign ships that those with a licence is prohibited.
The provisions of this Decree shall not apply to the exercise of scientific or experimental fishing.


Article 2 more on this article...

Licences shall be issued by a decision of the High Commissioner of the Republic in French Polynesia French after the opinion of the Minister of Foreign Affairs, the Minister of marine fisheries and the Minister in charge of the overseas.
Where appropriate, the High Commissioner fixed by Decree, after obtaining the assent of the Minister of Foreign Affairs, the Minister of marine fisheries and the Minister in charge of the overseas, the maximum number of licences that may be issued, including taking into account the biological capacity of the area concerned.
It can also limit the catch per vessel per order.


Article 3 read more on this article...

The information that must be communicated by armaments when applying for the licence and the licensing procedure are defined by order of the High Commissioner of the Republic in French Polynesia, after obtaining the assent of the Minister for Foreign Affairs, the Minister for maritime fisheries and the Minister in charge of the overseas.
Fishing licences are issued after verification of legal, economic, financial and technical beneficial armaments capacity taking into account in particular: 1 ° a real economic link of the ship with the territory of the State which it flies the flag, including the direction and control of ships from a permanent establishment situated in the territory of the State of which the ship flies the flag;
2 ° of the prior art in the fishery;
3 ° of the orientations of the market;
4 ° the socio-economic balance;
5 ° the commitment to board a fishing controller or a scientific observer, if requested by the prefect;
6 ° of the participation of the shipowner in experimental campaigns aimed at mitigating the impact of fishing on the environment or initiatives aimed at the protection of the resource and the environment;
7 ° of offences possibly committed in previous years;
8 ° the possible inclusion of the vessel or the shipowner on a list of vessels or operators involved in illegal fishing activities (illegal, unreported and unregulated) established by the European Union or by a regional fisheries management organization.


Article 4 more on this article...

Each license may determine, in particular, the period and areas of fishing allowed, species or groups of species and fishing gear authorized.
A licensed vessel shall, in order to fish, to comply with applicable regulations, conservation or applicable management measures adopted by a regional organisation of competent fisheries management and technical requirements attached to the licence.
These technical requirements may establish particular modalities: ― prohibition of fishing for certain species or for the use of certain fishing gear;
― declaration of catches mainly targeted species and bycatch;
― mitigation of incidental catch of birds, reptiles and mammals;
― prohibition of certain species;
― prohibition of discarding of non-degradable material objects;
― declaration of entry and exit of the economic zone of Clipperton;
— identification and tracking by means of vessels authorized;
― of embarkation or transfer and hosting of a controller of fishing or a scientific observer.


Article 5 read more on this article...

The period of validity of the fishing licence, which may not exceed one year, ceases on 31 December of the year of issue.
The licence must be kept on Board at all times; It cannot be transferred or sold.
The refusal of an application for a licence must be motivated and notified to the applicant.


Article 6 read more on this article...

The issuance of a licence may give rise to the payment of a financial contribution by the armament, on terms laid down by order of the High Commissioner of the Republic in French Polynesia, after obtaining the assent of the Minister of Foreign Affairs, the Minister of marine fisheries and the Minister in charge of the overseas.
The annual financial contribution includes a fixed part, which must be paid before the issuance of the licences, and a variable part.
The fixed part includes an amount covering a fixed weight of catches in the economic zone of Clipperton. It may also include a charge for costs of surveillance and observation.
The variable part applies for catches beyond a certain tonnage and must be paid within a period of two months after the end of the marketing year and no later than 1 November of the current year.
Catches, including the accounts must be kept, also subject to financial compensation.
Any breach of the obligations of this section arms causes the immediate suspension of the license by the High Commissioner of the Republic in French Polynesia French.


Article 7 read more on this article...

The licence may be withdrawn without compensation by the High Commissioner of the Republic in French Polynesia after concerned armaments has been able to submit its comments, in cases where: 1 ° the provisions of this decree or adopted in application of this decree or specifications annexed to the licence have not been complied with;
2 ° the fishing controller or the scientific observer onboard has been hampered in any way in the exercise of its functions or tasks, including because of a lack of cooperation on the part of the crew;
3 ° the characteristics or the mode of operation of the vessel have changed and no longer meet the conditions for the issuance of the licence;
4 ° the ship has been sold or transferred to a title any.


Article 8 more on this article...

Articles 2 and 6 of Decree No. 78-963 19 September 1978 amended laying down the conditions under which foreign vessels may obtain fishing rights in the economic zones that have been created off the coast of the overseas territories are not applicable to Clipperton Island.


Article 9 read more on this article...
The Minister of State, Minister of ecology, energy, sustainable development and the sea, in charge of green technologies and the negotiations on the climate, the Minister of the foreign and European Affairs, the Minister of the Interior, of the overseas and territorial collectivities, the Minister of defence, the Minister of budget, public accounts and the reform of the State , food, agriculture and Fisheries Minister and Minister to the Minister of the Interior, of the overseas and local authorities, responsible of the overseas, are responsible, each in relation to the execution of this Decree, which shall be published in the Official Journal of the French Republic.


Done at Paris, June 29, 2010.
François Fillon Prime Minister: the Minister with the Minister of the Interior, of the overseas and local authorities, responsible of the overseas territories, Marie - Luce Penchard the Minister of State, Minister of ecology, energy, sustainable development and the sea, in charge of green technologies and climate negotiations, Jean-Louis Borloo Minister of Foreign Affairs and European, Bernard Kouchner the Minister of the Interior , of the overseas and territorial collectivities, Brice Hortefeux Defence Minister Hervé Morin Minister of budget, public accounts and the reform of the State, François Baroin Bruno Le Maire, Minister of food, agriculture and fisheries

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