879 



5. If either the claimant or the respondent requests a hearing, or 

 if the Board deems it desirable to hold a hearing, the Board shall con- 

 vene a hearing regarding the incident. The claimant and respondent 

 may appear at the hearing, personally or through a representative^ 

 witli or without counsel, and may present witnesses. The Board may 

 invite as a witness any person, organization, corporation, or other 

 entity which has a direct interest in or knowledge of the matter. The 

 claimant and respondent shall be permitted to question all persons 

 testifying at the hearing, provided that no person shall be required to 

 respond to any question. 



6. The Governments Avill facilitate the work of the Board. 



SECTION IV 



/JoneJliatimi Report 



1. The Board shall prepare a report containing its findings as to : 



(a) the facts giving rise to the claim ; 



(b) the extent of damage or loss ; 



(c) the degree of respondent's or claimant's responsibility, if 

 any; and 



f cl) the amount, if any (which should be paid by respondent or 

 claimant as compensation for losses arising from the incident. 



2. If the Board does not unanimously adopt the findings, this shall 

 he stated in the report, and the report shall contain separate state- 

 ments of each Board member's opinion. 



3. The Board shall transmit its report to the claimant, to the respon- 

 dent, and to each of the two Governments no later than sixty days 

 after the completion of the procedures under Section III. 



4. Within thirty days after receipt of the Board's report, either the 

 claimant or the respondent may request in writing that the Board re- 

 consider its report. The request shall set forth the reasons for the re- 

 quest and material substantiating the request. The Board may decicle 

 to reconsider its report and, if it deems appropriate, receive new evi- 

 dence or convene a rehearing, or both. Section III procedures will be 

 applicable to the reconsideration. 



5. The two Governments undertake to encourage settlement of claims 

 in accordance with the findings of the Board. 



6. Within sixty days of receipt of the Board's report each Govern- 

 ment shall report to the Board in writing the actions taken by its 

 nationals pursuant to the Board's findings. 



7. If one of the parties to a conciliation proceeding refuses to settle 

 in accordance with the findings of the Board, the Board shall encour- 

 age the parties to submit their dispute to binding arbitration. 



8. The Board's report and the report of each Government shall be 

 published in the form agreed by the Board. 



SECTION" v 



Use of the Board 



The two Governments shall encourage their nationals to use in the 

 first instance the Board to settle claims resulting from damage to or 

 loss of fishing gear and vessels. The Governments shall give informa- 

 tion about the Board to interested persons. 



