Government Resolution No. 91 on the Approval of Inspection Procedure of Foreign Vessels Fishing in the Economic Zone and Territorial Waters of Lithuania in the Baltic Sea

Translation from Lithuanian TI-IE GOVERNMENT OF 'lllE REPUm.le OF LnTIUANIA RES 0 L UTI 0 N No.9 t On the Approval of Inspection Procedure of Foreign Vessels Fishing in the Economic Zone and Territorial Waters of Lithuania in the Baltic Sea Vilnius, 15 January 1996 With the aim of ensuring the protection of fish resources and establishing the inspection procedure of foreign fishing vessels, the Government of the Republic of Lithuania res 0 I v e s: To approve the inspection procedure of foreign vessels fishing in the economic zone and territorial waters of Lithuania in the Baltic Sea. ........... Prime Minister •... v:>: , . n.... '" " ..,:-".-- ..,' I(t'. r..... ..J::\ '.~ .:~, '( l) : "0 " ",'/ .'..." ... ~ ••• t ...1.\~. ~'·r • ~.,~ Minister of Environmental Protc-~llon Adolfas Slezevi~ius Bronius Bradauskas APPROVED by Resolution No. 9/ of 15January 19% of tht'Government of the Republic of Lithuania On the Approval of Inspection Procedure of Foreign Vessels Fishing in the Baltic Sea in the Economic Zone and Territorial Waters of Lithuania General provisions' 1. Foreign vessels may fish in the economic zone of Lithuania in the Baltic Sea in compliance with the regulations on the protection of Fishing and fish resources protection in the economic zone of the Repuhlic of Lithuania in the Baltic Sea and in compliance with other requirements of legal acts. 2. The state environmental inspectors shall have the right to protect fish resources and to inspect foreign fishing vessels for this purpose. In carrying out their duties the inspectors follow the Law on Environmental Protection of the Republic of Lithuania, other laws, the regulations of State Control of Environmental Protection and the regulations on the protection of Fishing and fish resources in the economic zone of Lithuania in the Baltic Sea and other fishing regulations of legal acts. 3. Environmental inspection vessels with state environmental inspectors on hoard shall stop and inspect foreign fishing vessels, shall have and, if necessary, shall hoist the standard nag of the inspection vessel. 4. The instruction to come to a stop shall be transmitted to the captain of a foreign fishing vessel using International Signal Code or the FM wave radio station channel. 5. Foreign fishing vessels shall be inspected at least hy two state environmental inspectors at least. (). On inspection of the vessel, state environmental inspectors shall wear official uniforms and have identity cards, document forms necessary for inspec tio n, t"hl", with the curren<:}' cxchc ngc rate fo r the gi,'en week and current II ... pri..:!'; '" i'OU 1~lr irr~ aoo ot er mean necessary (or ~uch inspection. 7, lIei ng on "'~trlJ of the foreig n r,-hing vesse l, the suue environmental in'1"""lo" <hall have 10: 7,1. introduce l hem~lv<:< 1(1 the captain uf t", "",,,,I . indicati ng respon,ill;'i,ie the)' hold. their (i~ t and seco nd names an d prese nt identil)' cards; 7.2. infor m the captain of the vessel about the purpose of lnspectjon and mtc rujon 10check the """"' I; 7,J , info rm the captain of the vessel o n the ru nning coordi nates of the vcvscl "nd lime a"",,,,ling to G MT. If the captain di,, 'gree. with the coordinates, he sha ll be advised to fix the m with instrume nt: of the in.poct ion vc..",I; 7.4. ask the the captain o f the vesse l to submit the regi.'tral ion docu ment' "f the vc..sc l, fi.hing licence (perm it), fishing records, to show ,,, e,,, nl tackle and <;;1 tch ur fish. ll, ' Inc inspection of the vessel shall be carried OUI in the presence of the ca ptain a nd me mbers of the crcw of the """",I autborise d by the captai n, 'I, IIl"ine," discussion. wilb lbe captain ' hall be cood .icted (if no Other a lte rnatives arc at hand) \I.'ing the ba .ic V(lC3t>uI. 1)'. 10. " flcr the fishing vessel i. in.' peeted. "ale env ironment I inspectors , h., 11 record in the <Ialc lunguagc a n inr.peclion act acco rding 10 the e, t<1hli. eJ order. in J "''f'ies one o f which ir. Ie:ft with the ca ptain. All entries in the in'peclinn docu ments. minllle<. resolurions and othe r documents of a fore ign r,r.h ing vessel shal! be written down in printed le tte rs, II. Th e. captf in o f the ft. tling vessel wtlich tI", viola ted rules o r other fegi. tal i,;!: acts o n the protection of Fishing and flxh resources in the eeonomlc zone and territorial waters of Lithuania in the Baltic Sea . ha I be liable aga inst the cou rt acco rdlng to the es tab lished legal procedures of the Republic of Lithuan ia . • 12. In case a fo reign fishing """",I fi'hing without a pc rrnit, lieence Or otbcr documents which ktJll i,e fi, hinS, al forl>i<kJen time and I'ro hil>ited fish species , cause damage to r.., hing resources, the violate shall compensate the I"" incurred according to the es tablished larifLs. Special mc:.l'ut<;' 10hc applied 10 fore ign fishing "",..cis in case captains of these vessels rcru ,..; 10 comply With the legitima tc requirements of sta te environmental inspectors 13. In case a fore ign fi. hing "cs",1 does not react to the warnings and visual . ignal. of srate environmental inspectors, doe. not cease it, activitie: and tries to escape from t c tcrriiory of the econo mic zone of Lithuan ia in the Hall ie Sea, and in c:'IS<: there i<a substantial basis to consider that it has breached Iaws and other legislative acts of the Republi<; of Lithuania. state envil'OClmental inspectors 'hall inform the bo rder po lice or the fleet vesse I o f the Lithuanian naval forces, which at the mome nt is closest 10 the place of Ole incident. about the case a nd <ha ll request assistance in stopping I e vessel, Th e borde r police and captains o f flee t vessels of Uthua nian naval force. shall assist lite sta le environme nta l inspe ctors in ensuring that thei r legitimate req uire ments a re met, Befor e the entry of fleet ' ·c.",ls o f Lithua nian naval forces (border police), Ihc vessel of e nviro nmental lnspeetion shall purme the vessel tll.11 hIL' breached Ja....... shall iden ti fy the country of it' origi n. its registration numbe r, na me a nd shall constantly trannsmit signal. to " 01'. Pursuit o f the vessel viola tor 'hall start in Ihc terri to rial waters o f Ulhuan ia or in its economic zone. and 'hall cc se upon the "",,,,r, e ntry into it. own te rritor ial waters Or into lhe territorial wate rs o f a third 14. N ler the bo rder ' police or the fleet vessel of Ole Lithuanian naval ' r , fore<:-, "pproa<;hc~ the vcssc] viola tor. the tatter shall be SIOPpe<! by 'I navaI ves.. c1 (ho der police) according 10 t es tablished procedure , 15. If-lite capta in o f a foreign fi. hing vesseldisagrees aboet the fine for Ihc ,·io la iion. o f \he administra tive law, the state e n~i';;nmcnlal inspector shall . t - ~I suggest him travel at his own will to the Port o f K1aipeda wherein the cases of violat ion. o f the admini'lrat;"'C law will be investigated. '16. In ea se the capta in of Ihe ,'e,-",I·vi"l"tor rd UM;' to ooey legitimale requirement. of the .tale environm en tal i nspecto r, the latter shal l inform """ UI· the faet the border [lCl1;e., or neet vessels of the I.i thuanian naval f,'rce , . , hi tl reque.1 assistance in t"""i ng the vesse l and shall inform the ca ptain of the "".",1 vio lator about that . t 17. A stale e nvironmental inspector or a control group of the nava l *-....",1 .hall stay o n board of the foreign fi'hing vesse l as it i towed 10 the porI. Ill , Afle r the Imdgn fi"',ing vesse I is towed imo the port. it shall be passed to the bo rder control .e",icc lind euslOm. o ffice", a nd lhe ""ptain'. o ffice of the porI shall be inform ed abou t that, 19, The sra rc environmental inspecto r .ha ll irnmcd iatc ly inr,>r m the Min ist ry of the Inlerior that a fore ign fishing vesseI has been detained. The Mini If}' Ihrough the relevant chan nels sha ll inform the state, Ihe nag o f which lias been hoisted on the detained vcsseI, of the measures taken and the me imposed. 20 , The foreign fishing~I shall remai n in the pori un til the case: 01 viola tions 01 the administrat ive law is inves ligaled according 10 the established procedure, a nd findings become effcctfve and damage. recove red alte r the completion or investiga tion of the ease. 21. Tbe requireme nts as laid dao.m in Paragraph No. 20 sha ll not be applied, and the fore ign fishing vesse l that has been detained a nd its crew shall be rel eased immediately, if ei the r a subsl.ntial pled ge i. dcposhed by the vessel manager or a n insurance company confirmed hy the captain 01 the de tained vessel Or ",bmi l' a written guara ntee thai the damage, v~1I be recovered and fina ncia I fines pa id. 22. A pled ge is a financial payment which sha ll be paid by the captain 01 the de ta ined forei gn fishing vessel to the accou nt of the fi. h storage service (in ' litas) or 10 Ihe foreig n exchange account of the Ministry o r Environmental Prot ection (in fore ign cu rre ncy), The doc ument or suc h payment ( the cheque ] will be a ttached to the case o f violat ion o f the admi nistrative law, 6 , The amount of the pledge or the guarantee shall he established in respect of the maximum fine which can he imposed according to the relevant article of the Code of Infringement of the Administrative law of the Republic of Lithuania, and in respect of the amount of the losses incurred. If. upon completion of investigation of the case j:)f violations of the administrative law according to the established procedure, a decision to impose a ' smaller fine than the pledge paid is adopted. the difference (in litas or foreign currency) shall be paid back to the manager of the detained vessel according to special instruction. 23. If according. to the established procedure the pledge is paid or the relevant guarantee is received. the state environmental inspector. after he/she has taken a decision to tow the foreign fishing vessel to the port. shall enter the fact into the act of vessel inspection and shall immediately inform the border control service in writing-that the vessel is allowed to leave the port.