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Article 39 Inspections at sea

United Kingdom

Original text. Later amendments are not shown.

1.

NEAFC inspectors shall request permission to board and inspect non-Contracting Party vessels sighted or otherwise identified by a Contracting Party as engaging in fishing activities in the Convention Area. If the master consents to the boarding and inspection of the vessel, the inspection shall be documented by the completion of an inspection report, as referred to Article 20(9).

2.

NEAFC inspectors shall without delay transmit a copy of the inspection report to F1... the NEAFC Secretary and to the master of the non-Contracting Party vessel. Where the evidence in that report so warrants, a F2fisheries administration may take such action as may be appropriate in accordance with international law. F3...

3.

If the master does not consent to the boarding and inspection of his vessel or does not fulfil any one of the obligations laid down in Article 21(a) to (d), the vessel shall be presumed to have engaged in illegal, unreported and unregulated fishing activities (IUU activities). The NEAFC Inspector shall inform without delay F4... the NEAFC Secretary thereof.

Annotations

Textual amendments

F1

Words in Art. 39(2) omitted (31.12.2020) by virtue of The Common Fisheries Policy and Aquaculture (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/753), regs. 1, 5(36)(a)(i) (as amended by S.I. 2019/1312, regs. 1(2), 9(2)(b)(i)); 2020 c. 1, Sch. 5 para. 1(1)

F2

Words in Art. 39(2) substituted (31.12.2020) by The Common Fisheries Policy and Aquaculture (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/753), regs. 1, 5(36)(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F3

Words in Art. 39(2) omitted (31.12.2020) by virtue of The Common Fisheries Policy and Aquaculture (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/753), regs. 1, 5(36)(a)(iii); 2020 c. 1, Sch. 5 para. 1(1)

F4

Words in Art. 39(3) omitted (31.12.2020) by virtue of The Common Fisheries Policy and Aquaculture (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/753), regs. 1, 5(36)(b); 2020 c. 1, Sch. 5 para. 1(1)