1988R1956 — EN — 06.01.1996 — 003.001 — 1
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
►B COUNCIL REGULATION (EEC)No 1956/88
of 9 June 1988
adopting provisions for the application of the scheme of joint international inspection adopted by
the Northwest Atlantic Fisheries Organization
(OJ L 175, 6.7.1988, p. 1)
Amended by:
Official Journal
No page date
►M1Council Regulation (EEC) No 436/92 of 10 February 1992 L 54 1 28.2.1992
►M2Commission Regulation (EC) No 761/94 of 6 April 1994 L 90 7 7.4.1994
►M3Council Regulation (EC) No 3067/95 of 21 December 1995 L 329 1 30.12.1995
Corrected by:
►C1Corrigendum, OJ L 117, 1.5.1992, p. 104 (436/92)
▼B
COUNCIL REGULATION (EEC)No 1956/88
of 9 June 1988
adopting provisions for the application of the scheme of joint
international inspection adopted by the Northwest Atlantic Fisheries
Organization
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European EconomicCommunity,
Having regard to Council Regulation (EEC) No 170/83 of 25 January
1983 establishing a Community system for the conservation andmanagement of fishery resources(
1), and in particular Article 11 thereof,
Having regard to the proposal from the Commission,
Whereas the Convention on Future Multilateral Cooperation in the
Northwest Atlantic Fisheries, hereinafter referred to as the NAFOConvention, was approved by the Council by Regulation (EEC) No3179/78(
2) and entered into force on 1 January 1979;
Whereas the Northwest Atlantic Fisheries Organization (NAFO)
established by the NAFO Convention adopted a scheme of jointinternational enforcement which included provision for reciprocal rightsof boarding and inspection by the contracting parties and for Flag Stateprosecutions and sanctions; whereas certain weaknesses in the applica-tion of this scheme became apparent; whereas the Community
consequently gave notice on 26 June 1986 of its intention not to be
bound by the scheme of joint international enforcement from 12 monthsthence; whereas, pending the adoption of a revised NAFO scheme, theCouncil adopted by Regulation (EEC) No 3251/87(
3) an interim
autonomous scheme of control in respect of Community vessels
operating in the Regulatory Area;
Whereas the NAFO Fisheries Commission adopted on 10 February 1988
aproposa l for amodified scheme, now to be entitled ‘scheme of jointinternational inspection’; whereas, pursuant to Article XI of the NAFOConvention, the proposal will, in the absence of objections become a
measure binding upon contracting parties with effect from 10 June 1988;
whereas the modified scheme is acceptable to the Community;
Whereas it is appropriate to extend the inspection of Community vessels
in the Regulatory Area to cover their compliance with other relevantCommunity measures for the control and conservation of fisheriesresources;
Whereas in the interests of monitoring the fishing activities of
Community vessels in the Regulatory Area it is necessary that theMember States cooperate with each other and with the Commission inthe application of the modified scheme and other relevant Communitymeasures;
Whereas the modified scheme applies without prejudice to the
obligation of the Member States under Article 1 of Council Regulation(EEC) No 2241/87 of 23 July 1987 establishing certain control measuresfor fishing activities(
4) to inspect and control Community vessels which
have been engaged in fishing and related activities in the Regulatory
Area;
Whereas provision should be made for adopting detailed rules for
implementing the modified scheme and this Regulation,1988R1956 — EN — 06.01.1996 — 003.001 — 2
(1) OJ No L 24, 27. 1. 1983, p. 1.
(2) OJ No L 378, 30. 12. 1978, p. 1.
(3) OJ No L 314, 4. 11. 1987, p. 1.
(4) OJ No L 207, 29. 7. 1987, p. 1.
▼B
HAS ADOPTED THIS REGULATION:
Article 1
The scheme of joint international inspection and surveillance, adopted
by the NAFO Fisheries Commission on 13 September 1991, hereinafter
referred to as ‘the scheme’, shall apply in the Community.
The text of the scheme is attached to this Regulation.
Article 2
1. The Commission of the European Communities shall assign
Community inspectors to the scheme. The inspectors may be appointedby the Commission or by a Member State. A Community inspector maybe placed on board any Member State vessel or aircraft engaged or about
to be engaged in inspection or surveillance duties in the NAFO
regulatory area.
2. In addition to their functions under the scheme, Community
inspectors shall inspect in the Regulatory Area Community vessels towhich the scheme applies for compliance with any other Communityconservation or control measure applying to those vessels.
Article 3
Member States shall cooperate with each other and with the Commission
in the application of the scheme.
Article 4
Detailed rules for the implementation of this Regulation shall, if
necessary, be adopted in accordance with the procedure laid down in
Article 14 of Regulation (EEC) No 170/83.
Article 5
Regulation (EEC) No 3251/87 is hereby revoked.
Article 6
This Regulation shall enter into force on the third day following its
publication in the Official Journal of the European Communities .
It shall apply from 9 June 1988.
This Regulation shall be binding in its entirety and directly applicable in
all Member States.1988R1956 — EN — 06.01.1996 — 003.001 — 3
▼M1
▼B
▼M1
▼B
▼M1
SCHEME OF JOINT INTERNATIONAL INSPECTION AND SURVEIL-
LANCE
1. (i) Control and surveillance shall be carried out by inspectors of the
fishery control services of the Contracting Parties following their
assignment to the scheme of joint international inspection and
surveillance, hereinafter referred to as ‘the scheme’.
(ii) The appropriate authorities of the Contracting Parties shall notify the
Executive Secretary by 1 November each year of the names of the
inspectors and special inspection vessels (which term includes fishing
vessels carrying inspectors) and the type and call sign of the
helicopters or other aircraft which they are assigning to the scheme
in accordance with paragraph 13 of the scheme.
Modification by Contracting Parties to such notifications shall be
communicated to the Executive Secretary with two months notice
whenever possible.
(iii) Following notification to the Executive Secretary, and in the case of
mutual agreement between the respective Contracting Parties,
inspectors assigned by one Party may be placed on board the special
inspection vessels or aircraft of another Party assigned to the scheme.
(iv) On receipt of the notification of assignment to the scheme from the
Contracting Party, the Executive Secretary shall issue a document of
identity, as shown in Annex I, to the respective authority for each
inspector of that Party. This document shall be numered. Each
inspector shall carry and produce this document of identity upon
boarding a vessel.
(v) Special inspection vessels and aircraft shall immediately notify the
Executive Secretary by radio/telex, facsimile or other communication
of the date and time of commencing their duties under the scheme. All
inspectors on board shall be assumed to the NAFO inspetors.
(vi) Between the times of commencing and terminating their duties under
the scheme inspectors and special inspection vessels and aircraft may
not, with respect to vessels and aircraft under the jurisdiction of other
Contracting Parties, enforce laws and regulations related to the zone of
the Contracting Party which has assigned them.
(vii) Special inspection vessels and aircraft shall immediately notify the
Executive Secretary by radio/telex of the date and time of terminating
their duties under the scheme.
(viii) In each case, the times referred to in subparagraph (vi) above shall be
entered in the aircraft's or ship's log or its equivalent. The times stated
in these entries, shall constitute the times applicable to subparagraph
(vi) above. In cases where communication of the notifications is not
possible or practicable, these entries shall constitute fulfillment of the
obligations under subparagraphs (v) and (vii).
(ix) The Executive Secretary shall circulate the substance of the
notifications received from any Contracting Party for the purposes of
the scheme, to all members of the Fisheries Commission, hereinafter
referred to as ‘the Commission’ within 15 days of receipt.
2. (i) In its inspections a Contracting Party shall aim at ensuring equal
treatment between all Contracting Parties with vessels operating in the
regulatory area through an equitable distribution of inspections.
(ii) To ensure objectivity in the realization and distribution of inspections
between the Contracting Parties, the number of inspections carried out by
the vessels of a Contracting Party on vessels of any other Contracting
Party shall, as far as possible, reflect the ratio of the inspected Party's
fishing activity to the total fishing activity in the regulatory area,
measured on the basis of, inter alia, the level of catches and days on
ground.
Inspections of vessels shall be carried out in a non-discriminatory
manner. The number of inspections shall be based upon fleet size, taking
into account their compliance records. Contracting Parties shall ensure
that their inspectors take special care to avoid damage to the cargo or to
the gear inspected. Interference with both fishing and non fishing
activities shall be minimised. Crews and vessels operating in conformity
with NAFO Conservation and Enforcement Measures shall not be subject
to harassment. Inspections shall be carried out only for the purpose of
ascertaining that the said NAFO rules are respected.
3. Appropriate authorities of Contracting Parties shall notify the Executive
Secretary of the names of the authorities designated to receive immediate1988R1956 — EN — 06.01.1996 — 003.001 — 4
▼M3
▼M1
▼M1
notice of apparent infringements and the means by which they may receive
and respond to communications.
Where, at any time, more than 15 vessels of any one Contracting Party are
engaged in fishing operations or in the processing or transferring of fish in
the regulatory aera, that Contracting Party shall, during that time, have an
inspector or other designated authority present in the regulatory area, or other
designated authority present in a country of a Contracting Party adjacent tothe convention area, to receive and respond, without delay, to notice of
apparent infringements.
4. (i) Any vessel or helicopter assigned to the scheme and carrying an inspector
shall display the following signals to indicate that the inspector is
carrying out inspections under the scheme:
(a) during daylight hours, in conditions of normal visibility two
inspection pennants as shown in Annex II, flown in a vertical line
one above the other with distance between the two not exceeding one
metre;
(b) the boarding craft shall display one inspection pennant which is
identical as shown in Annex II but which may be half-scale.
ii) Surveillance aircraft assigned to the scheme shall have their international
radio call sign clearly displayed.
5. (i) Inspection and control under the scheme applies in the regulatory area to
the following vessels:
(a) fishing vessels which are or have been engaged in fishing operations
in the regulatory area;
(b) vessels, equipped for processing fish on board, which are or have
been engaged in fish transferring operations in the regulatory area;
and,
(c) transport vessels which are actually engaged in fish transferring
operations.
(ii) The master of vessel to which the scheme applies shall facilitate
boarding when given the appropriate signal in the Internationale Code of
Signals by a vessel or helicopter carrying an inspector. The vessel to be
boarded shall not be required to stop or manoeuvre when fishing,
shooting, or hauling. The master shall nonetheless provide:
(a) for vessels longer than 30 metres overall, a boarding ladder
constructed and used as described in Annex III;
(b) such assistance to boardings from helicopters as specified or as
qualified in Annex IV.
When an inspection vessel has signalled that an inspection party is about
to commence boarding a fishing vessel which has begun or is about to
begin hauling its nets, the master of that fishing vessel shall ensure that
the net is not retrieved for aperiod of 30 minutes a fter receiving the
signal.
►
M2In all cases ◄, the master shall observe the ordinary practice of
good seamanship to enable an inspection party to board as soon as
practicable.
(iii) The procedures established for personnel helicopter hoist transfers shall
not place a higher duty of care upon the master of a fishing vessel than
that required by international law.
(iv) An inspection party shall consist of, at maximum, two inspectors
assigned to the scheme. The use of arms in relation to the inspections is
prohibited and, in particular, the inspectors shall not carry arms.
Notwithstanding the provisions of this section, the principle of not
carrying or using arms shall not be deemed to limit the performance of
inspections by a Contracting Party of vessels flying its own flag.
(v) The vessel in charge of a pair of trawling operations shall be required to
identify itself by flying a pennant or flag on the approach of an
inspector.
6. (i) Inspections shall be made so that the vessel, its activities and catch
suffer the minimum interference and inconvenience. The duration of an
inspection shall not exceed three hours, or until the net is hauled in and
the net and catch are inspected, whichever is longer, but this time
limitation shall not apply in the case of an apparent infringement.
In the case of a difference between the recorded catches and the
estimates of the inspector of the catch on board the vessel, the inspector
may re-check calculations, procedures, the relevant documentation used1988R1956 — EN — 06.01.1996 — 003.001 — 5
▼M2
▼M1
▼M1
to determine the catch summaries from the regulatory area and the catch
on board the vessel; the inspector shall then leave the vessel within one
hour following the completion of the original inspection.
An inspector shall limit his inquiries to the ascertainment of the facts in
relation to the observance of those Commission measures to which the
Contracting Party for the inspected vessel has not objected in
accordance with Article XII of the Convention. The inspection shall
be carried out using the report of inspection prescribed in Annex V.
As regards Section 15 of Annex V, notwithstanding any objection to
quotas made pursuant to Article XII of the Convention, inspectors shall
summarize from log-book records, for the current voyage, the vessel's
catch in the regulatory area by species and by division and shall record
this summary on the inspection form. The current voyage shall be
defined for this purpose as beginning when the vessel enters the
regulatory area, and ending when the vessel leaves the convention area
(which includes the ports bordering the convention area) for a period
greater than 20 consecutive days. The current voyage shall not be
considered to have ended as long as the vessel has catch on board from
the regulatroy area.
In the case of a language difficulty, the inspector or the master shall use,
in the appropriate language, the appropriate part of the questionnaire
shown in Annex VI.
Contracting Parties may exercise, by letter to the Executive Secretary,
the option to have inspectors summarize from log-book records for the
quota period, instead of the current voyage, their vessel's catch in the
regulatory area by species and by division and record this summary in
Section 15 of the inspection form.
In making his examination, the inspector may ask the master for any
required assistance. The master shall facilitate the work of the inspector.
The report of the inspection may be commented upon and shall be
signed by all the persons that the form requires. A copy of the report
shall be given to the master of the vessel.
The Constracting Party inspecting a vessel will communicate in writing
the details of an apparent infringement to the designated authorities of
the Contracting Party for the inpected vessel within the working day
following the inspection whenever possible.
The Contracting Parties inspecting vessels will provide notification of a
list of vessels inspected on a calendar monthly basis to the designated
authorities of the Contracting Parties of the vessels inspected, via the
office of the Executive Secretary. In the case of an apparent
infringement or a differences between recorded catches and the
inspector's estimates of the catches on board, a copy of the inspection
report with supporting documentation, including second photographs
taken, shall be transmitted as soon as possible to the responsible
authorities of the Contracting Party for the inspected vessel, after the
inspection vessel returns to port. In the case of other inspection reports,
the original shall be transmitted within 30 days whenever possible, to a
designated authority of the Contracting Party for the inspected vessels.
A copy of every inspection report shall also be forwarded to the
Executive Secretary.
(ii) Notwithstanding any objection to quotas made pursuant to Article XII of
the Convention:
(a) inspectors shall have authority to inspect and measure all fishing
gear on or near the working deck and readily available for use and
to inspect and record estimates of the catch on and below decks in
so far as such inspection and measurement are necessary to establish
whether the vessel is complying with the Commission's measures;
(b) fishing gear shall be inspected in accordance with the Commission's
measures;
(c) with regard to catches, correspondance between the log-book entries
for the regulatory area and estimates of catches by species on board
relating the these entries may be ascertained and differences
between recorded catches and the inspector's estimate of the catches
on board with percentages shall be recorded under Section 18 of the
inspection report (Comments Section); and
(d) inspectors may also ascertain that records for the duration of the
quota period to the date of the inspection are aboard the vessel in
accordance with the NAFO Conservation and Enforcement
Measures Part I C (2) (b) (iii).
(iii) As inspector has the authority to examine catch, nets or other gear, and
any relevant documents which the inspector deems necessary to verify
the observance of the Commission's measures.1988R1956 — EN — 06.01.1996 — 003.001 — 6
▼M1
Where an apparent infringement of the measures in observed:
— the inspector shall note the apparent infringement in the report, sign
the entry and obtain the countersignature of the master,
— the inspector shall enter and sign a notation in the fishing log-book
or other relevant document stating the date, location, and type of
apparent infringement found. The inspector may make a copy of any
relevant entry in such a document, and shall require the master of the
vessel to certify in writing on each page of the copy that it is a true
copy of such entry,
— the inspector shall have full opportunity to document the apparent
infringement with photographs of the relevant fishing vessel's gear
or catch, in which case a second photograph shall be given to the
master of the vessel and attached to the report sent to an appropriate
authority of the Contracting Party for the inspected vessel.
(iv) Where an inspector finds an apparent infringement of measures
prohibiting:
(a) fishing in a closed area or with gear prohibited in a specific area;
(b) fishing for stocks or species after the date on which the Contracting
Party for the inspected vessel has notified the Executive Secretary
that vessels of the party will cease a directed fishery for those stocks
or species;
and
(c) fishing on the ‘others’ quotawithout prior notifica tion to the
Executive Secretary, or more than seven working days after the
Contracting Party for the inspected vessel has been notified by the
Executive Secretary that fishing under an ‘others’ quota for that
stock or species should ceases,
the inspector, to facilitate a Contracting Party action on the apparent
infringement, shall immediately attempt to communicate with an
inspector of the Contracting Party for the inspected vessel, known to
be in the vicinity, or the authority designated in accordance with
paragraph 3 above. The master of the inspected vessel shall provide the
use of the vessel's radio equipment and operator for messages to be sent
out and received for this purpose.
At the request of the inspector, a master shall cease all fishing which
appears to the inspector to contravene the measures referred to in (a) to
(c) above. During this time, the inspector shall complete the inspection
and, if unable within a reasonable period of time to communicate with
an inspector or designated authority of the Contracting Party for the
inspected vessel, he shall leave the inspected vessel and communicate as
soon as possible with one of them. However, if he succeeds in
establishing communications while on board the inspected vessel, and
provided that the inspector or designated authority of the Contracting
Party for the inspected vessel agrees, the inspector may remain aboard.
As long as the inspector remains aboard, the master may not resume
fishing until the inspector is reasonably satisfied, as a result of either the
action taken by the vessel's master or the inspector's communication
with an inspector or designated authority of the Contracting Party for the
inspected vessel, that the apparent infringement will not be repeated.
(v) The inspector in charge may request that the master remove any part of
the fishing gear which appears to the inspector to contravene the
Commission's measures. An identification mark shall be affixed
securely to any part of the fishing gear which appears to the inspector
to have been in contravention, and the inspector shall record the fact on
his report. The gear shall be preserved with the mark attached until
examined by an inspector or designated authority of the Contracting
Party for the inspected vessel who shall determine the subsequent
disposition of the gear.
(vi) An inspector may photograph the fishing gear in such a way that the
identification mark and measurements of the fishing gear are visible and
subjects photographed should be listed in the report. A second
photograph shall be given to the master of the vessel.
7. An appropriate authority of a Contracting Party notified of an apparent
infringement committed by a vessel of that Party shall take prompt action to
receive and consider the evidence of the apparent infringement, conduct any
further investigation necessary for disposition of the apparent infringement
and, whenever possible, board the vessel involved. An appropriate authority
of the Contracting Party for the vessel concerned shall cooperate fully with
the appropriate authority of the Contracting Party that designated the
inspector to ensure that the evidence of the apparent infringement is prepared
and preserved in a form which facilitates judicial action.1988R1956 — EN — 06.01.1996 — 003.001 — 7
▼M1
The appropriate authority of a Contracting Party notified of differences
between the recorded catches and the estimates of the inspector, shall
whenever possible board the vessel involved and, in any event, cooperate
with the NAFO inspectors to ensure that the evidence is prepared and
preserved in a form which would facilitate any judicial action, and shall
conduct any further investigation necessary to allow it to determine
appropriate follow-up action.
8. An inspector observing a failure of a vessel to enable an inspection party to
board after being properly signalled shall:
(i) report the apparent infringement as soon as possible to any inspector of
the Contracting Party for the vessel concerned known to be in the
vicinity or a designated authority of that Contracting Party;
and,
(ii) prepare and forward to the Executive Secretary a report giving as much
information as possible, including the nature of the signal, the distance
from which the signal was given, the visibility at the time, sea state, wind
and icing conditions.
9. The following apparent infringements shall be subject to the procedures set
out in paragraph 10:
(i) misreporting of catches;
(ii) mesh size violations;
(iii) hail system violations;
(iv) interference with the satellite tracking system;
(v) preventing an inspector or an observer from carrying out his or her
duties;
(vi) directed fishing for astock which is subject to amora torium or for
which fishing is prohibited.
10. Notwithstanding paragraphs 7 and 8:
(i) If aNAFO inspector cites avessel for ha ving committed, to aserious
extent, an apparent infringement as listed in paragraph 9, the
Contracting Party of the vessel shall ensure that the vessel concerned
is inspected within 72 hours by an inspector duly authorized by that
Contracting Party. In order to preserve the evidence, the NAFO
inspector shall take all necessary measures to ensure security and
continuity of the evidence, and may remain on board the vessel, for the
period necessary to provide information to the duly authorized inspector
concerning the apparent infringement.
(ii) Where justified, the competent authority of the Flag Member State or
the inspector authorized by the said authority of the vessel concerned
shall, where duly authorized to do so, require the vessel to proceed
immediately to a nearby port, chosen by the Master, which should be
one of the following, St. John's, Halifax, the home port of the vessel or a
port designated by the Flag Member State, for a thorough inspection
under the authority of the Flag Member State and in presence of a
NAFO inspector from any other Contracting Party that wishes to
participate. If the vessel is not called to port, the Contracting Party must
provide due justification in a timely manner to the Executive Secretary
who shall make it available on request to any Contracting Party.
(iii) Where aNAFO inspector cites avessel for ha ving committed a n
apparent infringement as listed in paragraph 9, the inspector shall
immediately report this to the competent authority of the Flag Member
State and to the Executive Secretary, who shall in turn immediately
report, for information purposes, to the other Contracting Parties with an
inspection vessel in the Convention Area.
(iv) Where avessel is required to proceed to port for athorough inspection
pursuant to paragraph (ii), a NAFO inspector from another Contracting
Party may, subject to the consent of the Contracting Party of the vessel,
board the vessel as it is proceeding to port, may remain on board the
vessel as it proceeds to port and may be present during the inspection of
the vessel in port.
(v) If an apparent infringement of the Conservation and Enforcement
Measures has been detected which in the view of the duly authorized
inspector of the Contracting Party of the vessel as referred to in (ii) is
sufficiently serious, that inspector shall take all necessary measures to
ensure security and continuity of the evidence including, as appropriate,
sealing the vessel's hold for eventual dockside inspection.1988R1956 — EN — 06.01.1996 — 003.001 — 8
▼M3
▼M1
►M311.◄For the purpose of the scheme, ‘surveillance’ shall be based on
any sighting made by an inspector from an inspection vessel or aircraft
assigned to the scheme.
(i) When, as a result of surveillance an inspector observes a vessel of a
Contracting Party, and where such observation does not correspond with
the latest information available to the inspector as provided for by
►C1Section E.2 of Part III ◄of the Conservation and Enforcement
Measures, the inspector shall complete Part I of the surveillance report
form shown at Annex VII and shall photograph the vessel in support of
his observations. Photographs taken should simultaneously record the
position, date and time as shown by the surveillance craft's
instrumentation.
(ii) Not less than 72 hours following the recording of the observation in Part
I of the surveillance report and on the basis of notifications received
from the Contracting Party of the vessel concerned pursuant to the hail
system, the inspector shall complete Part II of the surveillance report.
(iii) The original of each surveillance report completed in accordance with 9
(i) and (ii) and any photographs shall be forwarded as soon as possible
to the Contracting Party of the vessel concerned, or a designated
authority of that Contracting Party. A copy of every surveillance report
shall also be forwarded to the Executive Secretary.
(iv) An appropriate authority of a Contracting Party shall, on receipt of a
surveillance report concerning a vessel of that party, take prompt action
to receive and consider the report and, whenever possible, board the
vessel concerned, and conduct any further investigation necessary to
allow it to determine appropriate follow-up action.
►M312.◄Resistance to an inspector or failure to comply with his
directions shall be treated by the Flag State of the vessel as if the inspector
were an inspector of that State.
►M313.◄Inspectors shall carry out their duties in accordance with the
rules set out in the scheme, but they shall remain under the operational
control of the authorities of their Contracting Parties and shall be responsible
to them.
►M314.◄Appropriate authorities of a Contracting Party shall consider and
act on reports from inspectors of other Contracting Parties under the scheme
on the same basis as reports from its own inspectors. The provisions of this
paragraph shall not impose any obligation on the appropriate authorities of a
Contracting Party to give the report from a foreign inspector a higher
evidentiary value than it would possess in the inspector's own country.
Appropriate authorities of Contracting Parties shall collaborate in order to
facilitate judicial or other proceedings arising from a report submitted by the
inspector under the scheme.
►M315.◄Appropriate authorities of a Contracting Party shall inform the
Executive Secretary by 1 November each year of the provisional plans for
participation by its inspectors, vessels and helicopters and other aircraft in the
scheme for the succeeding calendar year, and the Executive Secretary may
make suggestions to the appropriate authorities of the Contracting Parties for
the coordination of their operations in this field including the numer of
inspectors and the number of vessels, helicopters and other aircraft carrying
inspectors.
►M316.◄Appropriate authorities of each Contracting Party shall report to
the Executive Secretary by 1 March each year for the previous calendar year:
(i) the number of inspections conducted by it under the scheme specifying
the number of inspections on the vessels of each Contracting Party and,
in the case of apparent infringement, the date and position of the
inspection of the named vessel and the nature of the apparent
infringement;
(ii) the disposition of apparent infringements notified to it by a Contracting
Party. The apparent infringements shall be listed annually until the
action is concluded under the laws of the Flag State, and any penalties
imposed shall be described in specific terms;
(iii) differences that they consider significant between records of catches in
their Contracting Party's vessels' log-books and inspectors' estimates of
catches on board the vessels. The cases so identified as significant shall
be listed annually until NAFO is informed of the actions taken in
response, including any penalties imposed under the law of the Flag
State. These penalties shall be described in specific terms;
(iv) the number of air hours flown on NAFO patrol, the number of sightings
and the number of surveillance reports established with the date, time
and position of the sightings in respect of these surveillance reports;
(v) the disposition of surveillance reports notified to it by a Contracting
Party. The surveillance reports shall be listed annually until follow-up1988R1956 — EN — 06.01.1996 — 003.001 — 9
▼M1
action is concluded by the appropriate authorities. In cases where the
follow-up action results in penal action any penalties imposed shall be
described in specific terms.
►M317.◄(i) In the event of a disagreement concerning the interpretation
or application of the scheme, the concerned Contracting Parties shall
consult in an attempt to resolve the disagreement.
(ii) If the disagreement remains unresolved following the consultations, at
the request of a Contracting Party the Executive Secretary shall refer the
disagreement to a special meeting of the Standing Committee on
International Control (Stactic).
A report on the disagreement shall be drawn up by Stactic and provided
to the Fisheries Commission within two months of the Stactic meeting.
(iii) On receipt of the Stactic report, a Contracting Party may within a further
period of two months request aspecia l meeting of the Fisheries
Commission to consider the report and to take appropriate action.1988R1956 — EN — 06.01.1996 — 003.001 — 10
▼M1
ANNEX I
INSPECTOR'S DOCUMENT OF IDENTITY
(not smaller than 8,5 cm × 5,5 cm)
1988R1956 — EN — 06.01.1996 — 003.001 — 11
▼M1
ANNEX II
INSPECTION PENNANTS
1988R1956 — EN — 06.01.1996 — 003.001 — 12
▼M1
ANNEX III
CONSTRUCTION AND USE OF BOARDING LADDERS
1. The boarding ladders shall be efficient for the purpose of enabling inspectors
to embark and disembark at sea safely. The boarding ladders are to be kept
clean and in good order.
2. The ladder shall be secured in a position so that it is clear of any possible
discharge from the ship, that each step rests firmly against the ship's side, that
it is clear so far as practicable of the finer lines of the ship and that the
inspector can gain safe and convenient access to the ship.
3. The steps of the boarding ladder shall be:
(a) of hardwood or other material of equivalent properties, made in one piece
free of knots, having an efficient non-slip surface; the four lowest steps
may be made of rubber of sufficient strength and stiffness or of other
suitable material of equivalent characteristics;
(b) not less than 480 mm long, 115 mm wide, and 25 mm in depth, excluding
any non-slip device; and
(c) equally spaced not less than 380 mm not more than 380 mm apart and
may be secured in a manner that they will remain horizontal.
4. No boarding ladder shall have more than two replacement steps which are
secured in position by a method different from that used in the original
construction of the ladder and any steps so secured shall be replaced, as soon
as reasonably practicable, by steps secured in position by the method used in
the original construction of the ladder.
5. The side ropes of the ladder shall consist of two uncovered manila or
equivalent ropes not less than 60 mm in circumference on each side; each
rope shall be continuous with no joints below the top step; two man ropes
properly secured to the ship and not less than 65 mm in circumference and a
safety line shall be kept at hand, ready for use if required.
6. Battens made of hardwood, or other material of equivalent properties, in one
piece and not less than 1,80 metres long, shall be provided at such intervals
as will prevent the boarding ladder from twisting. The lowest batten shall be
on the fifth step from the bottom of the ladder and the interval between any
batten and the next shall not exceed nine steps.
7. Means shall be provided to ensure safe and convenient passage onto or into
and off the ship between the head of the pilot ladder or of any accomodation
ladder or other applicance provided. Where such passage is by means of a
gateway in the rails or bulwark, adequate handholds shall be provided. Where
such passage is by means of a bulwark ladder, such ladder shall be securely
attached to the bulwark rail or platform and two handhold stanchions shall be
fitted at the point of boarding or leaving the ship not less than 0,70 metre nor
more than 0,80 metre apart. Each stanchion shall be rigidly secured to the
ship's structure at or near its base and also at a higher point, shall be not less
than 40 mm in diameter and shall extend not less than 1,20 metres above the
stop of the bulwark.
8. Lighting shall be provided at night such that both the boarding ladder
overside and also the position where the inspector boards the ship shall be
adequately lit. A lifebuoy equipped with a self-igniting light shall be kept at
hand, ready for use. A heaving line shall be kept at hand, ready for use if
required.
9. Means shall be provided to enable the boarding ladder to be used on either
side of the ship.
10. The rigging of the ladder and the embarkation and disembarkation of an
inspector shall be supervised by a responsible officer of the ship.
11. Where on any ship constructional features such as rubbing bands would
prevent the implementation of any of these provisions, special arrangements
shall be made to the satisfaction of the Commission to ensure that persons are
able to embark and disembark safely.1988R1956 — EN — 06.01.1996 — 003.001 — 13
▼M1
ANNEX IV
HELICOPTER HOIST PROCEDURE
1. The captain of the helicopter shall be in charge of and shall ensure the safety
of personnel who are being transferred between a vessel and the helicopter
during the entire time such personnel are attached to the helicopter via the
hoist cable and the lifting device.
2. The master of the vessel shall follow the procedures described below to assist
the helicopter:
(i) attempt to communicate by radio in a common language;
(ii) alter course and speed if requested and if free to do so;
(iii) maintain a steady course and speed throughout the transfer operation
unless the safety of the vessel is in jeopardy;
(iv) provide a visual indication of relative wind by means of a pennant or
other suitable device;
(v) clear the transfer area of objects which could be blown loose;
(vi) shall not make radio transmission on standing wire antennae (high
frequency) in the immediate vicinity of the transfer area during the
transfer. If such transmissions become necessary, the helicopter shall be
advised in order that the transfer could be delayed; if a guide line is
lowered first, crew members should be available to man this line to assist
in the transfer of the inspection party. Other lines and wires should not be
touched by the crew of the vessel until the inspection party has grounded
those lines and wires on the vessel;
(vii) take appropriate measures to ensure to the extent practicable that none of
the lines or fittings lowered from the helicopter are attached to or
permitted to foul in the vessel.
3. The helicopter displaying its inspection pennant shall communicate to the
vessel the intention to conduct aboa rding:
(i) by radio communications on 2 182 kHz, VHF-FM channel 16 or other
agreed frequencies;
(ii) by visual or aural indication of an appropriate signal extracted from the
International Code of Signals as shown in paragraph 7;
(iii) by hovering over or near the intended boarding position in conjunction
with hand signals, adopted from the International Code of Signals, as
indicated in paragraph 4.
4. (i)Signal:Pointing movement by arm or hand
Used by: Meaning:
Helicopter Wish to conduct transfer or boarding in the indicated
location
(ii)Signal:Vertical motion with arm or flag, or ‘Thumbs-up’ indication
Used by: Situation: Meaning:
Either Before transfer Ready to conduct transfer;
Vessel Before transfer Desire transfer from this posi-
tion;
Helicopter After dropping the
guide lineTake up the slack on the guide
line;
After taking up the
slack on the guide
linePull in gently on the guide
line;
Either At any time Affirmative response.
(iii)Signal:Horizontal motion with arm or flag, or ‘Thumbs-down’ indication
Used by: Situation: Meaning:
Vessel Before transfer Transfer not recommended
from this position — recom-
mend alternative (and point
towards desired position);
Either Before transfer Not ready to conduct transfer;1988R1956 — EN — 06.01.1996 — 003.001 — 14
▼M1
Used by: Situation: Meaning:
Vessel During transfer Request you stop the transfer;
Helicopter After dropping the
guide lineEase the tension on the guide
line;
After easing the
tension on the guide
lineRelease the guide line;
Either At any time Negative response.
5. A visual display of the symbol YU by the helicopter or the radio transmission
of YANKEE UNIFORM to the fishing vessel indicates the signals in
paragraph 7 are to be used for inspection communications.
6. The following situations are representative of conditions under which a
personnel helicopter hoist transfer shall NOT be attempted:
(i) in the opinion of the captain of the helicopter or the master of the vessel,
there is inadequate clear space for a transfer or there are too many
obstructions;
(ii) there is significant vessel motion such that, in the opinion of the captain
of the helicopter or the master of the vessel, a hazard exists;
(iii) the helicopter cannot position itself with an acceptable relative wind; and
(iv) other hazards exist which prejudice the safety of the helicopter or the
vessel or of personnel being transferred.
7.IMO signal IMO meaning Remarks
SQ 3 You should stop, or heave to, I am
going to board youThe display of the inspection
pennant indicates the presence of
an authorized inspection team in the
helicopter
MG You should steer course … Course is trueIK-RQ Request you proceed at … knots
AZ I cannot alight but I can lift crew Indication of intentions to conduct
helicopter hoist transfer (used with
BB signal)
BB1-RQ May I alight on your deck; are you
ready to receive me forward?/C148/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C149/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C150Used in conjunction with signal AZ
to indicate helicopter will not alight
but will conduct ahoist tra nsfer in
the area indicatedBB2-RQ May I alight on your deck; are you
ready to receive me amidships?
BB3-RQ May I alight on your deck; are you
ready to receive me aft?
K I wish to communicate with you by
…
(extracts from IMO Table 1)6 … International Code Flags
8 … radiotelephony 2 182 kHz
9 … VHF radiotelephony channel
16
YX I wish to communicate by radio-
telephony on frequency indicated
C Yes (affirmative)
N No (negative) November Oscar by voice or radio
transmission
YU I am going to communicate with
your station by means of the Inter-
national Code of Signals
BT Helicopter is coming to you now (or
at time indicated)1988R1956 — EN — 06.01.1996 — 003.001 — 15
▼M1
ANNEX V
FISHERIES COMMISSION OF THE NORTHWEST ATLANTIC FISHERIES ORGANIZA-
TION REPORT OF INSPECTION
(Inspector: Please use CAPITAL BLOCK LETTERS)
1988R1956 — EN — 06.01.1996 — 003.001 — 16
▼M1
1988R1956 — EN — 06.01.1996 — 003.001 — 17
▼M1
1988R1956 — EN — 06.01.1996 — 003.001 — 18
▼M1
1988R1956 — EN — 06.01.1996 — 003.001 — 19
▼M1
1988R1956 — EN — 06.01.1996 — 003.001 — 20
▼M1
ANNEX VI
INSPECTION QUESTIONNAIRE
1. I am an inspector under the scheme. Here is my document of identity. I
would like to inspect your nets / other fishing gear / catch / documents.
2. I should like to see the master of this vessel.3. Please give me your name.
4. Please cooperate with me in the examination of your catch / equipment /
documents in accordance with the Commission's measures.
5. Please check your position and time now.
6. I am reporting your position as …º latitude …º longitude at … UTC. Do you
agree?
7. Would you like to check your position with my instruments on board the
inspection vessel?
8. Do you now agree?9. Please show me the documents establishing the nationality of your vessel /
the registration documents / the bridge log-book / the fishing log-book(s).
10. Please write down the name and address of the owners of this vessel in the
space I am indicating on the report form.
11. What principal species are you fishing for?12. Are you fishing for reduction purposes?13. I agree.
14. Yes.
15. I do not agree.16. No.17. Please take me to the bridge / the working deck / the processing area / the fish
holds.
18. Do you use any net attachment? If so, what type? Please write it down in the
space I am indicating.
19. Please switch on these lights.
20. I wish to examine that net / chafing gear.21. Show me the other fishing gear you have on or near the fishing deck.22. Show me your net gauge, if any.
23. Ask your men to hold that net so that I can measure it.
24. Please put that net underwater for 10 minutes.25. I have inspected … meshes in this net.26. Check that I have recorded accurately on the report form in the space I am
indicating the width of the meshes I have measured.
27. I wish to inspect your catch. Have you finished sorting the fish?28. Will you please lay out those fish?
29. I wish to estimate the proportion of regulated species in your catch.
30. Please turn to the copy of the inspection form in your language and supply
me with the necessary information to complete it. I will indicate which
sections.
31. If you do not give your cooperation as I have requested, I will report your
refusal to your contracting party.
32. I have found the average width of the meshes I have measured in that net is
… mm. This appears to be below the minimum applicable mesh size, and
will be reported to your contracting party.
33. I have found net attachments / other fishing gear which appear to be illegal.
This will be reported to your contracting party.1988R1956 — EN — 06.01.1996 — 003.001 — 21
▼M1
34. I shall now affix the identification mark to this piece of fishing gear which is
to be preserved with the mark attached until viewed by a fisheries inspector
of your contracting party at his demand.
35. I have found … undersized fish. I shall report this to your contracting party.
36. I find that you are apparently fishing in this area during a closed season / with
gear not permitted / for stocks or species not permitted. This will be reported
to your contracting party.
37. I have found a by-catch of regulated species which appears to be above the
permitted amounts. I shall report this to your contracting party.
38. I have made copies of the following entry / entries in this document. Please
sign them to certify that they are true copies.
39. I would like to communicate with the designated authority of your
contracting party. Please arrange for this message to be sent and for any
answer to be received.
40. Do you wish to make any observations concerning this inspection including
its conduct and that of the inspector(s)? If so, please do so in the space I am
indicating on the report form on which I have set out my findings. Please sign
the observations. Do you have any witnesses who wish to make observations?
If so, they may do so in the space I am indicating on the report form.
41. I am leaving. Thank you.1988R1956 — EN — 06.01.1996 — 003.001 — 22
▼M1
ANNEX VII
SURVEILLANCE REPORT
1. The forms for the surveillance report shall be collated in a booklet with each page having an original
and two self-carbon copies (preferably coloured and preferably one golden rod and one blue).
2. Page packets are to be perforated at the top and bottom of the page for easy removal.
3. Booklets should be bound preferably with 50 copies of the surveillance report.
4. The size of every page, after removal from the packet, should be 355,5 mm (14 ″) in length by
216 mm (8½ ″) in width.
1988R1956 — EN — 06.01.1996 — 003.001 — 23
▼M1
1988R1956 — EN — 06.01.1996 — 003.001 — 24