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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 respectof 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") 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 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 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 2 shall be paidby the Association in two equal instalments, 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 National Bankof 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 ofvessels engaged in fishing during the period does not exceedFiftyfive (55) Each Licence Certificate issued in respect of aLicensed 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 withinthe Cook Islands Exclusive Economic Zone shall carry his copyof 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 LicensedVessel 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 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 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 relatingto fishing within the Cook Islands 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 twenty-fourhours notice of his intention to enter the Exclusive EconomicZone, 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 andwhile within the Exclusive Economic Zone. 5.The Captain of every Licensed Vessel shall give to RarotongaRadio 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 thenon 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 provisionsof 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 shallprovide 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 opportunityto appeal to the Minister of Marine Resources of the Governmentof 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 Governmentor its citizens for any lass or damage that is caused by any ofthe fishing vessels licensed by the government under this Agre-ement. But in the event of force majeure, the Association andthe fishing vessel should be exempted from such responsibilitiesfor 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 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. DATED: Signed for and on behalf of TAIWAN DEEP SEA TUNA BOAT OWNERS AND EXPORTERS ASSOCIATION, TEEREPUBLIC OF CHINA [Signed] Signed for and on behalfof 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 forthe period specified in paragraph 4 of this licence, for thepurposes, 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 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 : 3.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 in valid from 1 January 1987to 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 theCook 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 acitvitieswithin 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 givenby the officer duly authorised by the Government of the CookIslands. Dated this day of 19 Minister of Marine Resources