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1 THE GOVERNMENT OF THE COOK ISLANDS AND THE TAIWAN DEEP SEA TUNABOAT OWNERS AND EXPORTERS ASSOCIATION, Recognising that the Government of the Cook Islands (hereinafterreferred to as "the Government") has jurisdiction in respect offishery resources within its two hundred mile Excelusive Econom-ic Zone off its coast (hereinafter referred to as "the EconomicZone") for the purpose of exploring and exploiting, conservingand managing resources of the economic zone ; Noting that the Taiwan Deep Sea Tuna Boat Owners and ExportersAssociation (hereinafter referred to as "The Association") seeksto 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 theirwish to establish mutually beneficial cooperation in the fieldof fisheries ; Have agreed as follows : ARTICLE 1 This agreement (the "Licensing Agreement ") shall have effect d-uring the period from 1 January 1988 to 31 December 1988. ARTICLE 2 1.In consideration of the issue by the Government of Licences inaccordance with Article IV below, the Association shall pay tothe Govern- ment a Fee of US$ 75,600 for the period and pro r-ata for any part of a year. 2.The Fee referred to in Paragragh 1 of this Article shall be n-on - refundable, regardless of any cancellation of any permitor 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 II shall be paidby the Association in two equal installments, the first withinTwo months after signature of this Agreement and the second w-ithin Six months after the first payment to the account of theGovernment with the European Pacific Bank at Rarotonga, or su-ch 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 of w-ithholdings of any nature whatsoever. ARTICLE 4 1.In consideration of the payment of the Fee referred to in Par-agraph 1 of Article II above, the Government shall issue Lice-nce Certificates (in the form set out in ANNEX A to this Agre-ement) to the Association's Fishing Vessels (the "Licensed Ves- sels") to allow the Licensed Vessels to engage in fishing d-uring the period prescribed in Article I within the Cook Isla-nds Exclusive Economic Zone, provided that the actual numberof vessels engaged in fishing during the period does not exce-ed Forty Two (42) Each Licence Certificate issued in respectof a Licensed Vessel shall be issued to the owner thereof (he-reinafter called the " Licensed Owner " ) 2.Two copies of each Licence Certificate issued in accordance w-ith paragaph 1 of this Article shall be sent to the Associati-on, one of which shall be delivered to the Captain of the Lic-enced Vessel. 3.The Captain of each Licenced Vessel engaged in fishing withinthe Cook Islands Exclusive Economic Zone shall carry his copyof the Licence Certificate on board the Licensed Vessel and shall produce it for inspection on demand by an offices dulyauthorised by the Government, provided that, where a LicensedVessel is at 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 Certificatebe 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 ofthe 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 issuedor reissued to a Licensed Owner or any other person. ARTICLE 5 1.Purse seine fishing within the Cook Islands Exclusive EconomicZone 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 CookIslands is prohibited. ARTICLE 6 1.Each Licensed Vessel engaged in fishing within the Cook Islan-ds exclusive Economic Zone shall be required to maintain andcomplete a log book in the forms set out in Annex B, providedthat, where a Licensed Vessel is at sea prior to receipt of t-he Licenced Certificate, such as part of the log book as is i-ncomplete may be prepared retrospectively. 2.The Association shall ensure that copies of log books relatingto fishing within the Cook Island Exclusive Economic Zone aresent 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 twentyfourhours notice of his intention to enter the Exclusive EconomicZone, and the nautical position of the intended point of entryand the quantity of fish then on board. 4.The Captain of each Licensed vessel shall give to Rarotonga R-adio his nautical position every seveli days after entering a-nd while within the Exclusive Economic Zone. 5.The Captain of every Licensed vessel shall give to RarotongaRadio twenty - four hours notice of his intention to leave theExclusive Economic Zone and the nautical position of the inte-nded point of exit from the zone, and the quantity of fish th-en 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 thereof has contravened the provisionsof this Agreement or the conditions of the Licence Certificate,or any of the Laws of the Cook Islands the Association shall fo-rthwith return all copies of the Licence Certificate to the Gov-erunment.When gi- ving such notification the Government shall p-rovide the Association with a statement as to the offence commi-tted, together with supporting evidence relating to the offence.The Government shall give the Association an opportunity to app-eal to the Minister of Marine Resources of the Cook Islands aga-inst such cancellation of withdrawal, provided that the LicenceCertificate so withdrawn remains withdrawn until the decision ofthe appeal ARTICLE 8 The Association shall take all necessary:measures to ensure pro-mpt and adequate compensation to the Cook Islands government orits citizens for any loss or damage that is caused by any of thefishing vessels licensed by the Government under this Agreement.But in the event of force majeure, the Association and the fish-ing Vessel should be exempted from such responsibilities for theloss 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 originalthereof as evidence of their Agreement. ARTICLE 10 The Licences granted hereunder are granted pursuant to and underthe authority of the Cook Islands Exclusive Economic Zone Act 1977 and the laws of the Cook Islands. Signed for and on behalf of THE GOVERNMENT OF THE COOK ISLANDS Minister of Marine Resources Signed for and on behalf of TAIWAN DEEP SEA TUNA BOAT OWNERS AND EXPORTERS ASSOCIATION THEREPUBLIC OF CHINA [Signed] 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-ced to be used for fishine in the Exclusive Economic Zone forthe period speci- fied in paragraph 4 of this licence, for thepruposes specified in paragraph 3 of this licence and in acco-rdance with the conditions set out in the Schedule to this li-cence and subject to all Cook Islands laws that apply to thecraft 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 : The purpose for which the craft may be used for fishing in thezone are as follows: Fish normally taken by tuna longline fis-hing gear. 4.Subject to the Act, this licence is valid from 1 January 1988to 31 December 1988. 5.This licence is not transferable. SCHEDULE CONDITIONS The Captain of any licenced vessel shall : 1.not fish within the 12 mile territorial waters of the Cook Is-lands. 2.permit an officer duly authorised by the Government of the Co-ok Islands to board and inspect the log book and licence Cert-ificate of his vessel. approved form in ink. 4.submit copies of log books related to any fishing activitieswithin the Cook Islands Exclusive Economic Zone as soon as po-ssible and in any event within 2 months after the completionof each voyage in accordance with the instructions given by t-he Taiwan Deep Sea Tuna Boat Owners and Exporters Association.5.within the Cook Islands Exclusive Economic Zone comply with a-ny lawful instructions given by an officer duly authorised bythe government of the Cook Islands. Date this day of Minister of Marine Resources