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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

Application de l'article 62 de la loi n° 2009-594 du 27 mai 2009.
Fully repealed text (Decree No. 2014-1608 of 26 December 2014).

Keywords

OUTER-MER , CLIPPERTON ILE , PECHE , EAU TERRITORIAL , ZONE ECONOMIQUE , NAVIRE DE PECHE , ETAT ETRANGER , NAVIRE ETRANGER , ZONE HALIEUTIQUE , EXERCISE OF THE PECHE , LAW , AUTHORIZATION , REGULATION ,


JORF n°0149 of 30 June 2010 page 11825
text No. 78



Decree No. 2010-728 of 29 June 2010 setting out the conditions under which vessels flying a flag of a foreign State may be allowed to fish in the economic zone off Clipperton Island

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


The Prime Minister,
On the report of the Minister of Interior, Overseas and Territorial Communities,
Considering the agreement for the purposes of the application of the provisions of the United Nations Convention on the Law of the Sea of 10 December 1982 relating to the conservation and management of fish stocks whose movements are carried out both within and beyond exclusive economic zones (staffing stocks) and highly migratory fish stocks opened for signature in New York on 4 December 1995;
Considering the Convention on the Strengthening of the Inter-American Commission of Tropical Tuna established by the 1949 Convention between the United States of America and the Republic of Costa Rica (four annexes), signed in Washington on 14 November 2003;
Vu la Act No. 55-1052 of 6 August 1955 amended to include the status of the French Southern and Antarctic Lands and Clipperton Island, including its title II;
Vu la Act No. 76-655 of 16 July 1976 amended on the economic zone and ecological protection area off the coast of the Republic;
In view of the Decree of 9 January 1852 on the Exercise of Maritime Fisheries, as amended by Act No. 2009-594 of 27 May 2009 for the economic development of overseas countries, in particular articles 9 and 13 of this decree;
Vu le Decree No. 78-147 of 3 February 1978 establishing, pursuant to Act No. 76-655 of 16 July 1976an economic zone off the coast of Clipperton Island;
Vu le Decree No. 78-963 of 19 September 1978 Amending the conditions under which certain foreign vessels may obtain fishing rights in the economic zones that have been created off the coasts of the Overseas Territories and the territorial community of Mayotte;
Considering the decree of 31 January 2008 on the administration of the island of Clipperton,
Decrete:

Article 1 Learn more about this article...


Without prejudice to the provisions of specific agreements with third States, the exercise of fishing by authorized vessels flying the flag of a foreign State in the economic zone of Clipperton Island is subject to the granting of a licence under the conditions set out in the following articles.
Foreign assistance vessels operating in the exclusive economic zone of Clipperton must also have a licence and are subject to the same obligations.
The exercise of fishing by other foreign vessels that are licensed is prohibited.
The provisions of this Order are not applicable to the exercise of experimental or scientific fishing.

Article 2 Learn more about this article...


The licences are issued by a decision of the High Commissioner of the Republic in French Polynesia after notice of the Minister for Foreign Affairs, the Minister for Maritime Fisheries and the Minister for Overseas.
Where applicable, the High Commissioner shall, after notice of the Minister for Foreign Affairs, the Minister for Maritime Fisheries and the Minister for Overseas, determine the maximum number of licences that may be issued, taking into account, inter alia, the biological capabilities of the area concerned.
It may also set by order a limit of capture per vessel.

Article 3 Learn more about this article...


The information that must be communicated by armament during the application for a licence as well as the issuance procedure is defined by a decree of the High Commissioner of the Republic in French Polynesia, after the Minister for Foreign Affairs, the Minister for Maritime Fisheries and the Minister for Overseas.
Fisheries licences are issued after verification of the legal, economic, financial and technical capacity of the beneficiary arming, including:
1° From a real economic link of the ship to the territory of the State of which he flies the flag, including the direction and control of the ships from a stable establishment located on the territory of the State whose ship is flying the flag;
2° Anteriorities in fisheries;
3° Market directions;
4° Socio-economic balances;
5° A commitment to board a fishing controller or a scientific observer, if requested by the prefect;
6° The involvement of the shipowner in experimental campaigns to mitigate the impact of fishing activities on the environment or in initiatives to protect the resource and the environment;
7° Possible offences committed in previous years;
8° Any registration of the ship or shipowner on a list of vessels or operators involved in illegal fishing activities (illegal, unreported and unregulated fishing) established by the European Union or by a regional fisheries management organization.

Article 4 Learn more about this article...


Each licence may determine, in particular, the period and authorized fishing areas, the species or groups of the species concerned and the authorized fishing gear.
A licensed vessel shall, in order to be able to fish, comply with the applicable regulations, the applicable conservation or management measures adopted by a competent regional fisheries management organization and the technical requirements annexed to the licence.
These technical requirements may include:
- banning the fishing of certain species or the use of certain fishing gears;
- reporting of primarily targeted species captures and bycatch;
- mitigating accidental captures of birds, reptiles and marine mammals;
- banning certain species;
– ban on the release of non-degradable objects to the sea;
– declaration of entry and exit of the economic zone of Clipperton;
- identification and monitoring by any means of authorized vessels;
- boarding or transferring and welcoming a fishing controller or a scientific observer.

Article 5 Learn more about this article...


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

Article 6 Learn more about this article...


The issuance of a licence may result in the payment of a financial counterpart by armament, in accordance with the terms set out by an order of the High Commissioner of the Republic in French Polynesia, after the Minister for Foreign Affairs, the Minister for Maritime Fisheries and the Minister for Overseas.
The annual financial counterparty includes a fixed share, which must be paid prior to the issuance of the licences, and a variable share.
The fixed share includes a lump sum weight of captures in the economic zone of Clipperton. It may also include a fee for monitoring and observation fees.
The variable portion applies for captures beyond a certain tonnage and must be paid within two months after the campaign ends and no later than November 1 of the current year.
Miscellaneous captures, whose accounting must be held, are also subject to financial consideration.
Any failure to comply with the obligations of this article entails the immediate suspension of the licence by the High Commissioner of the Republic in French Polynesia.

Article 7 Learn more about this article...


The licence may be withdrawn without compensation by the High Commissioner of the Republic in French Polynesia after the weapon concerned has been put in a position to present its observations, in cases where:
1° The provisions of this decree or taken under this decree or the technical requirements annexed to the licence have not been complied with;
2° The fishing controller or the onboard scientific observer has been hampered in any way in the performance of his or her duties or duties, including the lack of cooperation on the part of the crew;
3° The characteristics or mode of operation of the vessel have been modified and no longer meet the conditions set for the issuance of the licence;
4° The vessel was sold or sold for any title.

Article 8 Learn more about this article...


Sections 2 and 6 of amended Decree No. 78-963 of 19 September 1978 setting out the conditions under which certain foreign vessels may obtain fishing rights in the economic zones that were created off the coasts of the Overseas Territories are not applicable to Clipperton Island.

Article 9 Learn more about this article...


The Minister of State, Minister of Ecology, Energy, Sustainable Development and the Sea, in charge of green technologies and climate negotiations, the Minister of Foreign and European Affairs, the Minister of Interior, Overseas and Territorial Communities, the Minister of Defence, the Minister of Budget, Public Accounts and State Reform, the Minister of Food and Agriculture


Done in Paris, June 29, 2010.


François Fillon


By the Prime Minister:


The Minister to the Minister of Interior,

the overseas and territorial authorities,

loaded with the overseas,

Marie-Luce Penchard

Minister of State, Minister of Ecology,

of energy, sustainable development and the sea,

green technologies

and climate negotiations,

Jean-Louis Borloo

Minister for Foreign Affairs

and European,

Bernard Kouchner

The Minister of the Interior,

the overseas and territorial authorities,

Brice Hortefeux

Minister of Defence,

Hervé Morin

Minister of Budget, Public Accounts

and state reform,

François Baroin

Minister of Food,

agriculture and fisheries,

Bruno Le Maire


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