4. Establishment of programme for transhipment by large scale fishing vessels
4.1 A person using a boat in the IOTC Area for fishing must not receive tuna and tuna-like species and sharks in an at-sea transhipment operation unless:
(a) the name of the boat is included on the IOTC Record of Carrier Vessels; and
(b) an operational vessel monitoring device that is part of the flag State's vessel monitoring system is installed on the boat; and
4.2 A person using, in the IOTC Area for fishing, a boat that:
(a) is included in the IOTC Record of Carrier Vessels; and
(b) isauthorised to receive transhipments in the IOTC Area; and
(c) tranships at sea;
must carry an IOTC observer on board the boat during each transhipment operation in the IOTC Area.
4.3 The person using the boat must allow each IOTC observer on board the boat access to:
(a) the boat; and
(b) the personnel of the boat; and
(c) the gear of the boat; and
(d) the equipment of the boat.
4.4 The person using the boat must provide each IOTC observer with each of the following:
(a) adequate space on the bridge or pilot house for clerical work;
(b) space on deck adequate for carrying out observer duties.
(c) accommodation, including lodging, food and adequate sanitary facilities that are equivalent to those provided to the personnel of the boat.
4.5 The person using the boat must not:
(a) obstruct; or
(b) intimidate; or
(c) interfere with; or
(d) influence; or
(e) bribe; or
(f) attempt to bribe;
an IOTC observer in the performance of the observer's duties.
5. Establishing a list of vessels presumed to have carried out illegal, unregulated and unreported fishing in the IOTC Area of Competence
5.1 A person using a boat in the IOTC Area for fishing must not participate in a joint operation with a vessel included in the IUU Vessels List.
Note: Examples of a joint operation mentioned in subclause 10.1 include resupplying and refuelling a vessel included in the IUU Vessels List. Transhipping with a vessel included in the IUU Vessels List is included in the definition of IUU Fishing Activities in the IOTC Resolution.