Exemption Conditions: Interim Relief Measure

Transcription

1 Exemption Conditions: Interim Relief Measure Fishing season: 2011/2012

2 TABLE OF CONTENTS SECTION B 1. APPLICABLE ACTS, POLICIES AND DELEGATIONS VALIDITY OF EXEMPTION 4 3. FISHING AREAS NOTIFICATIONS EFFORT LIMITATIONS AND GEAR RESTRICTIONS CATCH CONTROLS AND LIMITATIONS HANDLING OF OVER/UNDER CATCHES AND PROHIBITED FISH SPECIES VESSEL SPECIFICATIONS VESSELS MONITORING SYSTEM LANDING OF FISH SUBMISSION OF INFORMATION RECORD KEEPING LEVIES VIOLATIONS CONSULTATION AND COMMUNICATION OBSERVER PROGRAMME PROCESSING AND SALE OF FISH TRANSFER OF FISHING EXEMPTIONS TRANSPORTATION OF FISH PERFORMANCE REVIEWS 20 2

3 1. APPLICABLE ACTS, POLICIES AND DELEGATIONS 1.1 This exemption is issued subject to the provisions and regulations of the following laws but not limited to: (a) The Marine Living Resources Act, 1998 (Act No. 18 of 1998) ( the MLRA") and the Regulations promulgated thereunder; (b) The National Environmental Management Act, 1998 (Act No. 107 of 1998) (NEMA) and the Regulations promulgated thereunder; (c) The National Environmental Management: Biodiversity Act, 2004 (Act No. 10 of 2004) (NEMBA) and the Regulations promulgated thereunder; (d) The National Environmental Management: Protected Areas Act, 2003 (Act No. 57 of 2003) (NEMPA) and the Regulations promulgated thereunder; (e) The Sea Birds and Seals Protection Act, 1973 (Act No. 46 of 1973) (SBSPA) and the Regulations promulgated thereunder; (f) Integrated Coastal Management Act, 2008 (Act No. 24 of 2008) (ICMA) and the Regulations promulgated thereunder; (g) The International Convention for the Prevention of Pollution from Ships Act, 1986 (Act No. 2 of 1986) (ICPPSA) and the Regulations promulgated thereunder. (h) The Fire Arms Control Act, 2000 (Act No. 60 of 2000) (FACA) and the Regulations promulgated thereunder; (i) South African Maritime Safety Authority Act, 1998 (Act No. 5 of 1998) (SAMSA) and the Regulations promulgated thereunder; (j) The Animals Protection Act, 1962 (Act No. 71 of 1962) (APA) and the Regulations promulgated thereunder; (k) The Standards Act, 2008 (Act No. 8 of 2008) (SA) and the Regulations promulgated thereunder; (l) The National Regulator for Compulsory Specifications Act (Act No. 5 of 2008) (NRCSA) and the Regulations promulgated thereunder; (m) National Ports Authority Act, 2005 (Act No. 12 of 2005) (NPA) and the Regulations promulgated thereunder; and 3

4 (n) The Companies Act, 2008 (Act No. 71 of 2008) (CA) and the Regulations promulgated thereunder. 1.2 This exemption is issued subject to the further provisions of the Equality Court Order (case no. EC1/05); 1.3 The Deputy Director General: Fisheries Management (DDG-FM) shall be entitled to amend these exemption conditions after consultation with the relevant stakeholders. 1.4 Any reference to the Exemption Holder in these exemption conditions includes the person in whose name the exemption is allocated to by the DDG-FM. 2. VALIDITY OF EXEMPTION 2.1 This exemption shall be valid for the period indicated in Section A ( the exemption ). 2.2 This exemption shall automatically expire and be invalid should one of the following occur: (a) the exemption granted to the Exemption Holder is cancelled; (b) the Exemption Holder dies. However, the Department may re-issue the exemption to another verified fisher on the waiting list who meets the verification criteria. (c) the exemption is not effectively utilized consecutively from date of issue. The Exemption Holder will be required to provide written reasons for not utilizing his/her exemption before a final decision is made. (d) the exemption be revoked, cancelled or suspended. 3 FISHING AREAS 3.1 This Exemption is valid only in South African waters (excluding tidal lagoons, tidal rivers and estuaries). West Coast Rock Lobster 3.2 The Exemption Holder is only allowed to harvest West Coast Rock Lobster within the boundaries of the near-shore West Coast Rock Lobster fishing area. 4

5 3.3 Zone A: The area between a line in the north (approximately 234 true bearing) drawn from the mouth of the Orange River, as indicated on chart SAN FZ1 and a line in the south (270 true bearing), drawn from the mouth of the Brak River. 3.4 Zone B: The area between a line in the north (270 true bearing) drawn from the mouth of the Brak River and a line in the south (330 true bearing) drawn from the water tower at Dwarskersbos. 3.5 Zone C: The area between a line in the north (270 true bearing) from the water tower at Dwarskersbos, and a line in the south (330 true bearing) drawn from the co-ordinate 33º15 00 S and 18º07 00 E, situated at Abrahamskraal. 3.6 Zone D: The area between a line in the north (270 true bearing) at the co-ordinate 33º15 00 S and 18º07 00 E in respect of Zone C above and a line in the south (180 true bearing) drawn from the light house at Cape Hangklip, excluding the area described as Zone E Area 8: The area with a northern boundary, a line (270 true bearing) drawn from the beacon HD1 of the Cape Peninsula Rock Lobster Sanctuary and as eastern boundary a line (180 true bearing) drawn from the light house at Cape Hangklip. 3.7 Zone E: Area 11: The area north of a straight line drawn from the lighthouse at Cape Point to the light house at Cape Hangklip excluding the area within 1 nautical mile from the highwater mark in the area bounded by (a) Northern boundary a line (270 true bearing) drawn from the mouth of the Buffels River; and 5

6 (b) Southern boundary a line (270 true bearing) drawn from the light house at Cape Hangklip. 3.8 Zone F: The area with a western boundary, a line (180 true bearing) drawn from the lighthouse at Cape Hangklip and a line drawn (180 true bearing) from the light house at Danger point as an eastern boundary Area 12: The area between a line drawn due south (180 true bearing) at a beacon B4 (Jock se Baai) and a line drawn due south (180 true bearing) of the mouth of the Kleinmond lagoon Area 13: The area between a line drawn due south (180 true bearing) at Mudge Point and a line drawn due south (180 true bearing) of a beacon HR2 at Rietfontein Area 14: The area between a line drawn due south at Danger Point Lighthouse and a line drawn 240 from the coordinates 34º27.0 S, 19º20.0 E at Soepiesklip. 3.9 Areas 7, 9 and 10 are closed and fishing is prohibited and forbidden. Line Fish 3.10 The Exemption Holder, where applicable and authorised, is only allowed to harvest line fish within the existing Traditional Line Fish boundaries, see Appendix 1 (a). White Mussels 3.11 The Exemption Holder is allowed to fish was White Mussels within the recreational boundaries as set out in Appendix 1 (b) of this exemption. Red Bait 3.12 Washed up or sand redbait within the recreational boundaries The Exemption Holder or elected representative shall not undertake interim relief fishing in Marine Protected Areas as stipulated in section 43 of the MLRA. 6

7 4. NOTIFICATIONS 4.1 For the west coast rock lobster, the Exemption Holder may launch a vessel from daybreak. The Exemption Holder may only land his/her catches between 08h00-16h00. Written permission must be obtained from the DDG to deviate from this condition. 4.2 For Line Fish, the Exemption Holder may launch the vessel at any time but must land his/her catches before sunset on the same day provided that there is no other species on board the vessel. 4.3 The FCO must be notified by phone and fax at the following numbers. Notification can also be put in the notification box at the appropriate landing site prior going to the sea. Table1. Compliance office contact details FISHERY CONTROL OFFICE TELEPHONE NUMBER FACSIMILE NUMBER CELLPHONE NUMBER CONTACT PERSON ELANDS BAY Wally Cockrill GANSBAAI GORDONS BAY / (alt. fax no) HERMANUS KLEINMOND Gilbert Mmereki Percy Mabunda Nomboniso Jozi Percy Mabunda DORINGBAAI Peter Horn HOUT BAY / Lucas Finnish KALK BAY Pat Stacey KOMMETJIE Johan De Witt LAMBERTS BAY / / Wally Cockrill

8 4.5 The fax and telephone numbers may change and it is the responsibility of the Exemption Holder to obtain the correct numbers from the relevant FCO before commencing with fishing ( / ). 5. EFFORT LIMITATIONS AND GEAR RESTRICTIONS 5. 1 The Exemption Holder, where applicable and authorized, is allowed to fish or harvest species as stipulated on Section A ( the exemption ) West Coast Rock Lobster: The Exemption Holder shall only harvest the mass of West Coast Rock Lobster allocated to him/her in this exemption The Exemption Holder shall only harvest West Coast Rock Lobster on weekdays only (excluding Weekends and Public Holidays) The Exemption Holder shall use only ring nets or scoop nets to catch West Coast Rock Lobster Line Fish - a cumulative total of not more than 420 fish per person per week in any combination of the following species: Yellowtail, Snoek and Cape bream (Hottentot), with a specific limit of 210 Cape bream (Hottentot) per week, which may be harvested on one trip until the finalization of the Small-Scale Fisheries Policy Line Fish (Arniston, Struisbaai and Stilbaai) - all line fish species which may be harvested by commercial line fish right holders as set out in Appendix 2 of this exemption, every day of the week until the finalization of the Small-Scale Fisheries Policy The use of any line or connected lines or fishing gear to which a total of more than ten (10) fishing hooks is attached is prohibited. 8

9 5.1.7 White Mussels - Not more than 350 per person per week, this may be harvested in one trip until finalization of the Small-Scale Fisheries Policy Washed up/ or sand redbait- may be harvested until finalization of the Small-Scale Fisheries Policy. 5.2 Interim Relief Exemption Holders shall not carry any other fishing permits/exemptions whilst catching with the interim relief exemption (e.g. recreational fishing or commercial exemption). 5.3 The number of persons including the Exemption Holder on board the vessel shall not exceed the number stated in the SAMSA Certificate. 5.4 This exemption shall only be used by the Exemption Holder or an authorised representative. Written permission for an authorised representative must be obtained from the Deputy Director General: Fisheries Management. The Exemption Holder shall be held responsible for any infringements of the exemption conditions by the authorised representative. 5.5 Exemption Holders may use a mother/tow vessel on condition that: The mother/tow vessel is registered as a mother/tow vessel, i.e. must have a KK license The Exemption Holder must be on board the vessel and responsible for catching his/her own allocation The Exemption Holder must be present at all times when his/her catch is landed. 5.6 The Exemption Holder shall not use a carrier vessel to transport his/her catches to the landing point. 5.7 The fishing vessel s registration number must be recorded on every buoy for each ring/hoop net. 9

10 6. CATCH CONTROLS AND LIMITATIONS 6.1 The Exemption Holder must personally be on board the nominated vessel during fishing operations. Nomination of representative will be dealt with and be considered based on its merit. The nominated representative must be an interim relief Exemption Holder. The Exemption Holder must submit detailed written request with supporting documents (medical certificate) to nominate a representative to catch on his/her behalf. 6.2 Written permission for an authorised representative must be obtained from the Deputy Director General: Fisheries Management. The Exemption Holder shall be held responsible for any infringements of the exemption conditions by the authorised representative. 6.3 The Exemption Holder shall not land, sell, receive or process any fish taken by any means in contravention of the MLRA and Regulations. In terms of Regulation 49(1) of the MLRA:, The exemption shall not engage in fishing, collecting or disturbing of, or be in possession of, any West Coast Rock Lobster of which the length of the carapace is less than 80mm or the length of the second segment along the dorsal midline of such tail is less than19 mm. 6.4 There shall be no transhipment of catches without the written authorisation from the Department. Should the Exemption Holder tranship any catches without authorisation, the Exemption Holder shall have his/her exemption revoked. 6.5 The Exemption Holder shall immediately cease fishing once the whole mass of West Coast Rock Lobster as indicated in this exemption is caught. 6.6 The Exemption Holder/Skipper of the vessel shall be held responsible for any transgression onboard the vessel. 6.7 Fish caught or collected in terms of this exemption may be sold or traded or use for own consumption. 10

11 6.8 The Exemption Holder shall not use the vessel(s) registered under the interim relief to catch or transport species caught on the authority of a recreational fishing permit at the same time. 6.9 The Exemption Holder shall sort the catch in each and every net and immediately return all under-sized rock lobster to sea prior to the hauling of the next net REWARDS TAGGING The Exemption Holder shall ensure that all tagged West Coast Rock Lobster caught and/or tags collected/found are handed over to the nearest FCO for which a reward of R10,00 per tagged West Coast Rock Lobster and R1,00 per tag shall be payable ACCESS TO SNOEK Not Applicable 7. HANDLING OF OVER/UNDER CATCHES AND PROHIBITED SPECIES 7.1 In the event that the West Coast Rock Lobster allocation of the Exemption Holder is discovered to have been exceeded at the landing site upon return from the last fishing trip and verification by the Fishery Control Officer or Catch Data Monitor, the excess may be transferred to another Exemption Holder by mutual agreement between the parties, provided the transferee has been issued with a valid exemption, has not yet caught his/her full allocation and provided they have been fishing on the same day. 7.2 In the event that the Exemption Holder does not harvest his/her West Coast Rock Lobster allocation in full, the Department will not consider any application for rollovers. 8. VESSELS SPECIFICATIONS 8.1 The Exemption Holder shall use the nominated fishing vessel with the allocated registration letters and numbers; for example IR Such letters and numbers shall be painted in white on a black background or in black on a white background on both (starboard and port) sides of the vessel s bow in characters not less than 15 cm in height, 10cm in breadth and 2cm in thickness (width of stroke). The space between adjacent letters and figures shall be between 2cm and 5cm. 11

12 8.2 The Exemption Holder may not use any vessel that is currently utilized to harvest the allocations of long-term commercial fishing right holders, except those in the west coast rock lobster (near-shore) fishing sector. 8.3 Should the Exemption Holder wish to utilize a vessel that has a west coast rock lobster (near-shore) fishing right attached to it, he/she must provide proof that the quantum allocations linked to that vessel have been fully completed/caught and such proof must be submitted to the Department before that vessel can be utilized. 8.4 The Exemption Holder may not utilize any vessel registered under the traditional line fishing sector. 8.5 The Exemption Holder shall ensure that the vessel is clearly marked in accordance with the provisions of Regulation 77 promulgated under the MLRA. 9. VESSEL MONITORING SYSTEM (VMS) 9.1 The Exemption Holder s nominated fishing vessel shall be fitted with a functional Vessel Monitoring System ("VMS") approved by the Chief Director: Monitoring, Control and Surveillance. 9.2 It is the responsibility of the Exemption Holder or the Skipper to ensure that the VMS is fully operational and that the VMS continues to transmit to the Department s Operations Room. The Exemption Holder or the Skipper shall establish that the VMS unit is functional by contacting the Operations Room at the Branch: Fisheries Management on telephone number (021) /3077 or (021) prior to sailing. 9.3 Whilst at sea, the VMS shall report continuously and uninterrupted to the Base station. However, should the power supply be interrupted or the equipment become nonfunctional (for whatever reason) and the problem continues to persist, the vessel shall return to port within two hours of being informed of the problem. 12

13 9.4 Vessels less than 5 meters in length, those that are non-motorized and bakkies are exempted from fitment of a VMS unit. In respect of other vessels, Exemption Holders/the Skipper may apply to the Chief Director: Monitoring, Control and Surveillance for an exemption from this requirement but must provide sound reasons for doing so. Such vessels may only operate whilst in possession of the exemption to operate without a functioning VMS. 10 LANDING OF FISH 10.1 The Exemption Holder shall only launch his/her vessel at the following designated landing/launching sites: Zone A: (a) Port Nolloth - the jetty of Hickson s Canning Company; (b) Hondeklip Bay the jetty of Namaqua Canning Company; and (c) The Fish Club slipway at Koiningnaas Zone B: (a) Doring Bay- the seashore and jetty between the beacons marked B1, indicating the northern boundary, and B2, indicating the southern boundary, and situated near the fish processing establishment of North Bay Canning Company (b) Lamberts Bay the main landing quay in the fishing harbour; (c) Elands Bay the four landing quays near the old military camp on Bobbejaanpunt Zone C: (a) St Helena Bay the rock lobster landing quay situated in the fishing harbour at Sandy Point; (b) Paternoster the seashore between the beacons marked P1 and P2, situated to the east and to the west respectively, of the fish processing establishment of Paternoster Visserye at Paternoster; (c) Abdols Bay the seashore between the beacons marked E1, indicating the northern boundary, and E2, indicating the southern boundary; (d) Jacobs Bay the seashore between the beacons marked F1, indicating the northern boundary, and F2, indicating the southern boundary; 13

14 (e) Saldanha Bay the rock lobster landing quay in the fishing harbour at Pepper Bay; (f) Laaiplek at the quay adjacent to the Fisheries Control office Zone D: (a) Hout Bay the two fish landing quays in the fishing harbour; (b) Kalk Bay the fish landing quay in the fishing harbour; (c) Gordon s Bay the fish landing quay in the fishing harbour; (d) Witsand the landing place to the south of Kommetjie situated between the beacons marked H1 and H2 respectively. (e) Millers Point the slipway at Millers Point Zone E: (a) Kalk Bay the fish landing quay in the fishing harbour; (b) Gordon s Bay the fish landing quay in the fishing harbour. (c) Millers Point the slipway at Millers Point Zone F: Area 12: Kleinmond - at the municipal slipway. Area 13: Hermanus new harbour slipway/finger quay. Area 14: Gansbaai - the fish landing quay situated at the old part of the harbour Struisbaai: Arniston: Stilbaai: Gouritz Mouth: The slipway at Struisbaai Harbour. The slipway at Arniston Harbour. The slipway at Stilbaai Harbour. Gouritz River Slipway Duivenhoks River: Die Puntjie Witsands: Breede River slipway (Kraaltjie). 14

15 10.2 The Exemption Holder shall only land west coast rock lobster (nearshore) in a whole state in the presence of an Fishery Compliance Officer or Catch Data Monitor at a designated landing/launching site from which he/she launched The Exemption Holder shall ensure that all rock lobster landed is of a legal size of the length of the carapace of not less than 80mm or the length of the second segment along the dorsal midline of such tail of not less than19 mm The Exemption Holder shall be deemed to have landed all the catch once the vessel has been removed from the sea. West coast rock lobster must be weighed and recorded over the mass meter situated at the landing/launching site. The West Coast Rock Lobster Landing Form must be fully completed and signed by the Exemption Holder and the Catch Data Monitor The Department shall issue Exemption Holders through the Local Co-management with a receipt book in order to issue to all persons the Exemption Holder sells the fish harvested in terms of this exemption. The Local Co-management Committee must ensure that receipt books are not used illegally and should it be discovered that invoice books are not properly managed by the Local Co-management Committee; the Department will suspend them until proper control is in place All catches must be weighed at the landing/launching site. No weight loss allowance for water loss will be allowed when the rock lobster is weighed at the landing site. The weight at the landing/launching site will be the recorded weight for the purposes of quantum control The onus is on the Exemption Holder to ensure that Catch Data Monitors are correctly recording the weights at the landing site on the invoice and the landing sheet Landings of West Coast Rock Lobster may only occur on week days (Monday to Friday) between 08h00 and 16h00 at all landing points. 15

16 10.9 Landings of West Coast Rock Lobster in Zone A may only occur on week days (Monday to Friday) between 09h00 and 17h No fishing/landings on Weekends and Public Holidays The Exemption Holder shall record the number of octopus by-catch caught at the bottom of his/her landing slip and such landing slip shall be signed by Exemption Holder, the Fishery Compliance Officer and the Catch Data Monitor. 11. SUBMISSION OF INFORMATION 11.1 Catch Statistics (a) The Exemption Holder shall be responsible for the completion of the receipt book and declare all the information to the Catch Data Monitor. The landing form shall be signed by the Exemption Holder or his/her authorised representative and Catch Data Monitor once all rock lobsters have been weighed. (b) The landing form and receipt shall clearly reflect the Exemption Holder details as they appear on the exemption and shall be fully completed by the Exemption Holder or authorised representative. (c) The Exemption Holder shall issue a receipt to the purchaser indicating the following particulars; full details of the Purchaser, full details of the Exemption Holder, the whole mass of rock lobster sold, date of sale. The Exemption Holder shall submit within two days to the Catch Data Monitors copy of receipt and keep a third copy in the invoice book for the duration of the season. The Exemption Holder shall return the finished book to the Department through the Local Co-management Committee. (d) All information recorded on the landing forms by the Catch Data Monitor referred to above will be regarded as final, any requests for changes will be considered on receipt of a written application supported by an acceptable explanation which has been endorsed in writing by the appropriate Fishery Control Officer and the Catch Data 16

17 Monitor. This request must be submitted to Marine Resource Management (Attention: Deputy Director: Subsistence and Small Scale Fisheries Management Tel (021) ; Fax (021) Socio-Economic Information The Exemption Holder shall provide, on request, any correct economic, socioeconomic or financial information in the format as requested by the Department. 12 RECORD KEEPING 12.1 The Exemption Holder shall at all times have available true certified copy of his/her exemption together with a certified copy of his/her identity document laminated together on board the vessel when harvesting and marketing his/her catches The original exemption, issued by the Department should be retained by the Local Co- Management Committee for safe keeping. 13. LEVIES Not Applicable. 14. VIOLATIONS 14.1 A breach of the provisions of the MLRA or these exemption conditions by the Exemption Holder or his/her representative, the Local Co-management Committee member/s and the Skipper of the vessel, may result in the initiation of legal proceedings (which may include criminal proceedings) A breach referred in paragraph 16.1 includes, but is not limited to: (a) failure to provide information to which the Department of Agriculture, Forestry and Fisheries ( the Department ) is entitled to or to submit information which is not true or complete; or (b) failing to effectively utilise the exemption. 17

18 14.3 The Exemption Holder shall not land, sell, receive or process any fish taken by any means in contravention of the MLRA The Exemption Holder shall not discard any waste material, garbage or pollutants into the sea or harbour or landing/launching site. The Exemption Holder shall safely store all waste material, garbage and pollutants on board the vessel The Exemption Holder shall not tranship any fish whether at sea or at the landing/ launching site Any contravention shall immediately be reported telephonically to the Customer Service Centre at (021) / and thereafter shall be faxed to (021) , Attention: The Chief Director: Monitoring, Control and Surveillance (MCS) The Department may refuse to issue a subsequent exemption should the conditions stipulated in this exemption not be adhered to. 15 CONSULTATION AND COMMUNICATION 15.1 The Department will prefer to consult and communicate with the organised bodies/ Local Co-Management Structures and interested groups in terms of the MLRA and which are nominated representative of Exemption Holders in the interim relief dispensation Communication regarding all exemptions and vessels shall be addressed to the Department s Customer Service Centre, Ground Floor, Foretrust Building, Martin Hammerschlag Way, Foreshore, Cape Town. Attention: Deputy Director: Subsistence and Small Scale Fisheries Management. The Customer Service Centre may be contacted on (021) / The Chief Director: Marine Resource Management will consult with Exemption Holder representatives (Local Co-management Committee) when determining further criteria for eligibility to be applied. 18

19 16. OBSERVER PROGRAMME Not Applicable. 17. PROCESSING AND SALE OF FISH 17.1 The Exemption Holder shall issue a receipt to the purchaser indicating the following particulars; full details of the Purchaser, full details of the Exemption Holder, the whole mass of rock lobster sold, the date of sale. The Exemption Holder shall submit to the Catch Data Monitors copy of receipt and keep a third copy in the invoice book for the duration of the season. The Exemption Holder shall return the finished book to the Department through the Local Co-management Committee. 18. TRANSFER OF EXEMPTION 18.1 The interim relief exemption is not transferable. Should the exemption is cancelled/ withdrawn/ revoked; the Department may re-issue the exemption to another fisher from the waiting list who meets the verification criteria. The Exemption Holder who will be issue with an exemption which has been cancelled/ withdrawn/ revoked from will only be allowed harvest the remaining balance of fish to be caught and landed. 19. TRANSPORTATION OF FISH 19.1 The Exemption Holder or the buyer shall only load the harvested fish onto the vehicle indicated in the transport permit after it has been weighed The Exemption Holder or the resource buyer shall not transport fish without being in possession of the following documents: (a) a valid transport permit and (b) a duly completed receipt signed by the Exemption Holder and Catch Data Monitor The Exemption Holder or the resource buyer shall transport west coast rock lobster in a whole state. 19

20 19.4 The Exemption Holder or the buyer shall deliver fish harvested to the Fish Processing Establishment on the same day it has been landed using the shortest main route between the landing site and the Fish Processing Establishment. 20. FISHING PERFORMANCE MEASURING Not Applicable. Acting DEPUTY DIRECTOR- GENERAL: FISHERIES MANAGEMENT DATE: 20