02019R0833 — EN — 19.08.2021 — 001.001

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Amended by:









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REGULATION (EU) 2019/833 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of 20 May 2019

laying down conservation and enforcement measures applicable in the Regulatory Area of the Northwest Atlantic Fisheries Organisation, amending Regulation (EU) 2016/1627 and repealing Council Regulations (EC) No 2115/2005 and (EC) No 1386/2007







CHAPTER I

GENERAL PROVISIONS

Article 1

Scope

1. This Regulation, unless otherwise provided, applies to Union fishing vessels used or intended for use for the purposes of commercial fishing activities conducted on fishery resources in the NAFO Regulatory Area, as defined in Annex I to the Convention, as well as activities by third country vessels under the Convention in Union waters or territory.

2. This Regulation applies without prejudice to the obligations in existing regulations in the fisheries sector, in particular Regulation (EU) 2017/2403 of the European Parliament and of the Council ( 1 ) and Council Regulations (EC) No 1005/2008 ( 2 ) and (EC) No 1224/2009 ( 3 ).

3. Unless otherwise provided in this Regulation, Union research vessels shall not be restricted by conservation and management measures pertaining to the catching of fish, in particular concerning mesh size, size limits, closed areas and seasons.

Article 2

Subject matter

1. This Regulation lays down the rules for the application by the Union of the CEM for their uniform and effective implementation within the Union.

2. Furthermore, this Regulation amends certain provisions of Regulation (EU) 2016/1627.

Article 3

Definitions

For the purposes of this Regulation, the following definitions shall apply:

(1) ‘the Convention’ means the 1979 Convention on Cooperation in the Northwest Atlantic Fisheries, as amended from time to time;

(2) ‘the Convention Area’ means the area to which the Convention applies as described in Article IV, paragraph 1 thereof. The Convention Area is divided into scientific and statistical Subareas, Divisions and Subdivisions listed in Annex I to the Convention;

(3) ‘the Regulatory Area’ means that part of the Convention Area which is beyond national jurisdiction;

(4) ‘fishery resources’ means all fish, molluscs and crustaceans within the Convention Area excluding: (a) sedentary species over which coastal States may exercise sovereign rights in accordance with Article 77 of the United Nations Convention on the Law of the Sea; and (b) in so far as they are managed under other international treaties, anadromous and catadromous stocks and highly migratory species listed in Annex I to the United Nations Convention on the Law of the Sea;

(5) ‘fishing activities’ means harvesting or processing fishery resources, landing or transhipping of fishery resources or products derived from fishery resources, or any other activity in preparation for, in support of, or relating to the harvesting of fishery resources in the Regulatory Area, including: (a) the actual or attempted searching for or catching of fishery resources; (b) any activity that can reasonably be expected to result in locating, catching or harvesting of fishery resources for any purpose; and (c) any operation at sea in support of, or in preparation for, any activity described in this definition but not including any operations relating to emergencies involving the health and safety of the crew members or the safety of a vessel;

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(6) ‘fishing vessel’ means any Union vessel equipped for, intended for or engaged in fishing activities, including fish processing, transhipment or any other activity in preparation for or related to fishing activities, including experimental or exploratory fishing activities;

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(7) ‘research vessel’ means a vessel permanently used for research or a vessel normally used for fishing activities or fisheries support activity that is temporarily used for fisheries research;

(8) ‘CEM’ means conservation and enforcement measures in force as adopted by the NAFO Commission;

(9) ‘fishing opportunities’ means fishing quotas allocated to a Member State by a Union act in force for the Regulatory Area;

(10) ‘EFCA’ means the European Fisheries Control Agency as established by Regulation (EU) 2019/473 of the European Parliament and of the Council ( 4 );

(11) ‘fishing day’ means any calendar day or any fraction of a calendar day in which a fishing vessel is present in any Division in the Regulatory Area;

(12) ‘port’ means, inter alia, offshore terminals and other installations for landing, transhipping, packaging, processing, refuelling or resupplying;

(13) ‘non-Contracting Party vessel’ means a vessel flying the flag of a State that is not a Contracting Party to NAFO or is not a Member State, or a vessel suspected to be without nationality;

(14) ‘transhipment’ means transfer, over the side, from one fishing vessel to another, of fishery resources or products;

(15) ‘mid-water trawl’ means trawl gear that is designed to fish for pelagic species, no portion of which is designed to be or is operated in contact with the bottom at any time. The gear shall not include discs, bobbins or rollers on its footrope or any other attachments designed to make contact with the bottom, but it may have chafing gear attached;

(16) ‘vulnerable marine ecosystems’ or ‘VMEs’ means the VMEs referred to in paragraphs 42 and 43 of the Food and Agriculture Organisation (FAO) International Guidelines for the Management of Deep-Sea Fisheries in the High Seas;

(17) ‘footprint’, otherwise known as ‘existing bottom fishing areas’, means that portion of the Regulatory Area where bottom fishing has historically occurred, and is defined by the coordinates shown in Table 4 and illustrated in Figure 2 of the CEM referred to in points 1 and 2 of the Annex to this Regulation;

(18) ‘bottom fishing activities’ means any activity where the fishing gear is in contact with or is likely to be in contact with the seafloor during the normal course of fishing operations;

(19) ‘processed fish’ means any marine organism that has been physically altered since capture, including fish that has been filleted, gutted, packaged, canned, frozen, smoked, salted, cooked, pickled, dried or prepared for market in any other manner;

(20) ‘exploratory bottom fishing activities’ means bottom fishing activities conducted outside the footprint, or within the footprint with significant changes to the conduct or in the technology used in the fishery;

(21) ‘VME indicator species’ means the species that signal the occurrence of VMEs, as specified in Part VI of Annex I.E to the CEM referred to in point 3 of the Annex to this Regulation;

(22) ‘IMO number’ means a 7-digit number, which is assigned to a vessel under the authority of the International Maritime Organisation;

(23) ‘inspector’, unless otherwise specified, means an inspector of the fishery control services of a NAFO Contracting Party assigned to the Joint Inspection and Surveillance Scheme referred to in Chapter VII;

(24) ‘IUU fishing’ means the activities described in the International Plan of Action to Prevent, Deter, and Eliminate Illegal, Unreported and Unregulated Fishing adopted by the FAO;

(25) ‘fishing trip’ for a fishing vessel includes the time from its entry into until its departure from the Regulatory Area and continues until all catch on board from the Regulatory Area has been landed or transhipped;

(26) ‘FMC’ means a land-based fisheries monitoring centre of the flag Member State;

(27) ‘IUU vessel list’ means the list established in accordance with Articles 52 and 53 of the CEM;

(28) ‘significant adverse impacts’ means the significant adverse impacts referred to in paragraphs 17 to 20 of the FAO International Guidelines for the Management of Deep Sea Fisheries in the High Seas;

(29) ‘VME indicator element’ means the VME indicator element referred to in topographical, hydrophysical or geological features which potentially support VMEs, as specified in Part VII of Annex I.E to the CEM referred to in point 4 of the Annex to this Regulation;

(30) ‘observer’ means a person who is authorised and certified by a Member State or a Contracting Party to observe, monitor and collect information on board fishing vessels;

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(31) ‘MCS website’ means the NAFO Monitoring, Control and Surveillance website that contains information relevant for at-sea and in-port inspections.

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CHAPTER II

CONSERVATION AND MANAGEMENT MEASURES

Article 4

Research vessels

1. A research vessel shall not: (a) conduct fishing activities inconsistent with its research plan; or (b) catch Northern prawn in Division 3L in excess of the allocation of the flag Member State of the vessel.

2. Not less than 10 days prior to the commencement of a fishery research period, the flag Member State shall: (a) by electronic transmission in the format prescribed in Annex II.C to the CEM referred to in point 5 of the Annex to this Regulation, notify the Commission of all research vessels flying its flag it has authorised to conduct research activities in the Regulatory Area; and (b) provide the Commission with a research plan for all vessels flying its flag authorised to conduct research, including the purpose, location and, for vessels temporarily engaged in research, the dates during which the vessel will be engaged as a research vessel.

3. The flag Member State shall immediately notify the Commission of the termination of research activities by any vessel temporarily engaged in research.

4. The flag Member State shall notify the Commission of any changes to the research plan not less than 10 days before the date those changes become effective. The research vessel shall maintain a record of the changes on board.

5. Vessels engaged in research shall at all times keep on board a copy of the research plan in the English language.

6. The Commission shall forward the information notified by flag Member States in accordance with paragraphs 3, 4 and 5 to the NAFO Executive Secretary not later than seven days before the commencement of the fishery period or, in the case of changes to the research plan, seven days before the date any change to the research plan becomes effective.

Article 5

Catch and effort limitations

1. Each Member State shall ensure that all catch and/or effort limitations shall apply to stocks identified in fishing opportunities in force, and, unless otherwise stated, all quotas shall be expressed as live weight in metric tonnes.

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2. Member States may permit fishing vessels flying their flag to fish for stocks for which the Union has not been allocated a quota in accordance with the fishing opportunities in force (the ‘Others’ quota), if such quota exists and notification of closure has not been given by the NAFO Executive Secretary.

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3. For stocks identified in the fishing opportunities in force caught within the Regulatory Area by vessels flying its flag, each flag Member State shall: (a) ensure that all species from stocks listed in fishing opportunities in force caught by vessels flying its flag are counted against the quota allocated to that Member State, including the by-catch of redfish in Division 3M taken between the date when it is estimated that 50 % of the total allowable catch (TAC) of redfish in Division 3M is taken and 1 July; (b) ensure that no more redfish caught in Division 3M is retained on board vessels flying its flag after the date when it is estimated that 100 % of the TAC of redfish in Division 3M is taken, with the exception of redfish caught in Division 3M before the closure; ▼M1 (c) notify the Commission and EFCA of the names of Union vessels that intend to fish the ‘Others’ quota at least 48 hours in advance of each entry, and after a minimum of 48 hours of absence from the Regulatory Area. That notification shall, if possible, be accompanied by an estimate of the projected catch. Where the Commission considers that the relevant conditions established in the CEM are met, it shall notify the NAFO Executive Secretary. ▼B

4. For any one haul, the species which comprises the largest percentage, by weight, of the total catch in the haul shall be considered as being taken in a directed fishery for the stock concerned.

Article 6

Closures of fisheries

1. Each Member State shall: (a) close its fishery for stocks listed in the fishing opportunities in force in the Regulatory Area on the date on which the available data indicate that the total quota allocated to that Member State for the stocks concerned will be taken, including the estimated quantity to be taken prior to the closure of the fishery, discards, and estimated unreported catch by all vessels flying the flag of that Member State; (b) ensure that vessels flying its flag immediately cease fishing activities that may result in catch when notified by the Commission in accordance with paragraph 3 that the quota allocated to that Member State has been fully taken. If the Member State can demonstrate that it still has quota available for that stock in accordance with paragraph 2, the vessels of that Member State may resume fishing on that stock; (c) close its fishery for Northern prawn in Division 3M when the number of fishing days allocated to that Member State is reached. The number of fishing days in respect of each vessel shall be determined using VMS positional data within Division 3M, with any part of a day being considered a full day; ▼M1 (d) close its directed fishery for redfish in Division 3M between 24:00 UTC of the day the accumulated reported catch is estimated to reach 50 % of the TAC of redfish in Division 3M, as notified in accordance with paragraph 3, and 1 July; (e) close its directed fishery for redfish in Division 3M at 24:00 UTC of the day the accumulated reported catch is estimated to reach 100 % of the TAC of redfish in Division 3M, as notified in accordance with paragraph 3; ▼B (f) promptly notify the Commission of the date of closure provided for in points (a) to (e); (g) prohibit vessels flying its flag from continuing a directed fishery in the Regulatory Area for a particular stock under an ‘Others’ quota beyond 5 days of notification by the NAFO Executive Secretary, as transmitted by the Commission, that it is estimated that that particular ‘Others’ quota has been taken, in accordance with paragraph 3; (h) ensure that no vessel flying its flag commences a directed fishery in the Regulatory Area for a particular stock under the ‘Others’ quota following notification by the NAFO Executive Secretary that it is estimated that that particular quota has been taken, in accordance with paragraph 3; (i) after a closure of its fishery in accordance with this paragraph, ensure that no more fish of the stock concerned is retained on board the vessels flying its flag unless otherwise authorised by this Regulation.

2. A fishery that has been closed in accordance with paragraph 1 may be re-opened within 15 days of notification by the Commission following communication with the NAFO Executive Secretary: (a) if the NAFO Executive Secretary confirms that the Commission has demonstrated that there is remaining quota available from its original allocation; or (b) if a quota transfer from another NAFO Contracting Party, in accordance with fishing opportunities, results in additional quota for the particular stock subject to closure.

3. The Commission shall promptly notify the Member States of the date of closure referred to in paragraph 1.

Article 7

By-catch retained on board

1. The master of the vessel, including of a vessel chartered in accordance with Article 23, shall ensure that the vessel minimises by-catch of species from stocks identified in its respective fishing opportunities in force while operating in the Regulatory Area.

2. A species listed in the fishing opportunities in force shall be classified as by-catch when it is taken in a Division where any of the following situations exist: ▼M1 (a) no quota has been allocated to the Union for that stock in that Division, in accordance with the fishing opportunities in force; (b) a ban on fishing for that particular stock is in force (moratorium); or ▼B (c) the ‘Others’ quota for a particular stock has been fully taken, following notification by the Commission in accordance with Article 6.

3. The master of the vessel, including of a vessel chartered in accordance with Article 23, shall ensure that the vessel limits the retention on board of species classified as by-catch to the maxima specified below: (a) for cod in Division 3M, redfish in Divisions 3LN and witch flounder in Divisions 3NO: 1 250 kg or 5 %, whichever is the greater; (b) for cod in Divisions 3NO: 1 000 kg or 4 %, whichever is the greater; (c) for all other stocks listed in fishing opportunities where no specific quota has been allocated to the Member State: 2 500 kg or 10 %, whichever is the greater; (d) where a ban on fishing applies (moratoria), or when the ‘Others’ quota opened for that stock has been fully taken: 1 250 kg or 5 %, whichever is the greater; (e) once the directed fishery for redfish in Division 3M is closed in accordance with point (d) of Article 6(1): 1 250 kg or 5 %, whichever is the greater; (f) while conducting a directed fishery for yellowtail in Divisions 3LNO: 15 % of American plaice; otherwise the by-catch provisions set out in point (d) shall apply.

4. The limits and percentages provided for in paragraph 3 are calculated by Division as the percentage, by weight, for each stock of the total catch of stocks listed in fishing opportunities in force retained on board for that Division at the time of inspection, on the basis of the fishing logbook figures.

5. The calculation of groundfish by-catch levels in paragraph 3 shall not include the catches of Northern prawn in the total catch on board.

Article 8

Exceeding by-catch limits in any one haul

1. The master of the vessel shall ensure that the vessel: (a) does not conduct directed fisheries for species referred to in Article 7(2); (b) complies with the following requirements, where, with the exception of directed fishery for Northern prawn, the weight of any species subject to the by-catch limits exceeds the greater of the limits specified in Article 7(3) in any one haul: (i) immediately move a minimum of 10 nautical miles from any position of the previous tow/set throughout the subsequent tow/set; (ii) leave the Division and not return for at least 60 hours if the by-catch limits specified in Article 7(3) are again exceeded following the first tow/set after moving in accordance with point (i); (iii) undertake a trial tow for a maximum duration of 3 hours before starting a new fishery following an absence of at least 60 hours. If the stocks subjected to by-catch limits form the largest percentage, by weight, of the total resulting catch in the haul, this shall not considered as a directed fishery for those stocks, and the vessel shall immediately change position in accordance with points (i) and (ii); and (iv) identify any trial tow conducted in accordance with point (b) and record in the fishing logbook the coordinates pertaining to the start and end locations of any trial tow conducted.

2. In a directed fishery for Northern prawn, the move referred to in points (i) and (ii) of point (b) of paragraph 1 shall apply when, for any one haul, the total quantity caught of the groundfish stocks listed in fishing opportunities in force exceeds 5 % in Division 3M or 2,5 % in Division 3L.

3. When a vessel is conducting a directed fishery for skate with a legal mesh size appropriate for that fishery, the first time that catches of stocks for which by-catch limits apply, as specified in Article 7(2), comprise the largest percentage by weight of the total catch in a haul, such catches shall be considered as incidental catch, but the vessel shall immediately move as specified in paragraph 1 of this Article.

4. The percentage of by-catch in any one haul is calculated as the percentage, by weight, for each stock listed in the fishing opportunities in force of the total catch from that haul.

Article 9

Northern prawn

1. For the purpose of this Article, Division 3M includes that portion of Division 3L enclosed by lines joining the points described in Table 1 and depicted in Figure 1(1) of the CEM referred to in point 6 of the Annex to this Regulation.

2. A vessel fishing for Northern prawn and other species on the same trip shall transmit a report to the Commission signalling the change of fishery. The number of fishing days shall be calculated accordingly.

3. Fishing days referred to in this Article shall not be transferable between NAFO Contracting Parties. Fishing days of one NAFO Contracting Party may be utilised by a vessel flying the flag of another NAFO Contracting Party only in accordance with Article 23.

4. No vessel shall fish for Northern prawn in Division 3M between 00:01 Coordinated Universal Time (UTC) on 1 June and 24:00 UTC on 31 December in the area as described in the Table 2 and depicted in Figure 1(2) of the CEM referred to in point 7 of the Annex to this Regulation.

5. All fishing for Northern prawn in Division 3L shall take place at depths greater than 200 metres. Fishing in the Regulatory Area shall be restricted to an area east of a line bound by the coordinates described in Table 3 and depicted in Figure 1(3) of the CEM referred to in point 8 of the Annex to this Regulation.

6. Each vessel that has fished for Northern prawn in Division 3L, or its representatives on its behalf, shall provide the competent port authority with at least 24 hours prior notice of its estimated time of arrival and the estimated quantities on board of Northern prawn by Division.

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Article 9a

Cod in Division 3M

1. The following control measures shall apply to vessels with more than 1 250 kg of cod catches from Division 3M on board: (a) vessels shall land or tranship their cod catches from Division 3M only in ports designated in accordance with Article 39; (b) at least 48 hours before its estimated time of arrival in port, a vessel or its representative on its behalf shall advise the competent port authority of its estimated time of arrival, the estimated quantity of cod catches from Division 3M retained on board, and information on the Division or Divisions where any other cod catches retained on board were taken; (c) each Member State shall inspect each landing or transhipment of cod catches from Division 3M in its ports and prepare an inspection report in the format prescribed in Annex IV.C to the CEM referred to in point 9 of the Annex to this Regulation, and send it to the NAFO Executive Secretary, with the Commission and EFCA in copy, within 12 working days from the date on which the inspection was completed. That report shall identify and provide details of any infringement of this Regulation detected during the port inspection. It shall include all relevant information available with regard to infringements detected at sea during the current trip of the inspected fishing vessel.

2. Each Member State shall inspect vessels with less than 1 250 kg of cod catches from Division 3M on board on a risk management basis.

3. The Commission or a body designated by it shall ensure that the information referred to in point (c) of paragraph 1 is transmitted to the NAFO Executive Secretary without delay, for posting on the MCS website.

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Article 10

Greenland halibut

1. The following measures apply to vessels 24 metres or greater in length overall engaged in the Greenland halibut fishery in Subarea 2 and Divisions 3KLMNO: (a) each Member State shall allocate its quota for Greenland halibut among its authorised vessels; (b) an authorised vessel shall land its Greenland halibut catch only in a designated port of a NAFO Contracting Party. To that end, each Member State shall designate one or more ports in its territory where authorised vessels may land Greenland halibut; ▼M1 (c) each Member State shall send to the Commission the name of every port it has so designated, which shall transmit it to the NAFO Executive Secretary. Any subsequent changes to the list shall be sent in replacement of the previous one not less than 20 days before the change comes into effect; ▼B (d) at least 48 hours before its estimated time of arrival in port, an authorised vessel or its representative on its behalf shall advise the port's competent fisheries control authority of its estimated time of arrival, the estimated total quantity of Greenland halibut retained on board, and information on the Division or Divisions where the catches were taken; ▼M1 (e) each Member State shall inspect each landing of Greenland halibut in its ports and prepare an inspection report in the format prescribed in Annex IV.C to the CEM referred to in point 9 of the Annex to this Regulation, and send it to the NAFO Executive Secretary with the Commission and EFCA in copy, within 14 working days from the date on which the inspection was completed. The report shall identify and provide details of any infringement of this Regulation detected during the port inspection. It shall include all relevant information available with regard to infringements detected at sea during the current trip of the inspected fishing vessel. ▼B

2. The following procedures apply with respect to authorised vessels with more than 50 tonnes live weight total catch on board taken outside the Regulatory Area entering the Regulatory Area to fish for Greenland halibut: (a) the master of the vessel shall notify the NAFO Executive Secretary by email or fax, at the latest 72 hours prior to the vessel's entry into the Regulatory Area, of the amount of catch on board, the position by latitude and longitude where the master of the vessel intends to commence fishing, the estimated time of arrival at the position, and contact information for the fishing vessel (for example radio, satellite phone or email); (b) an inspection vessel that intends to inspect a fishing vessel before it begins fishing for Greenland halibut shall notify that fishing vessel and the NAFO Executive Secretary of the coordinates of a designated inspection point that is no more than 60 nautical miles from the position where the master of the vessel estimates that the vessel will commence fishing and shall inform other inspection vessels that may be operating in the Regulatory Area accordingly; (c) a fishing vessel notified in accordance with point (b) shall: (i) proceed to the designated inspection point; and (ii) ensure that the stowage plan for catch on board on entry to the Regulatory Area meets the requirements of Article 25(5) and is made available to inspectors upon request; (d) a fishing vessel may not begin fishing before being inspected in accordance with this Article, unless: ▼M1 (i) it receives no confirmation within 72 hours of the notification it has transmitted in accordance with point (a); or ▼B (ii) within 3 hours of its arrival at the designated inspection point, the inspection vessel has not begun the intended inspection.

3. The landings of Greenland halibut from non-Contracting Party vessels that have engaged in fishing activities in the Regulatory Area are prohibited.

Article 11

Squid

Fishing for squid between 00:01 UTC on 1 January and 24:00 UTC on 30 June in Subareas 3 and 4 shall be prohibited.

Article 12

Conservation and management of sharks

1. Member States shall report all catches of sharks, including available historical data, in accordance with the catch and fishing effort reporting procedures set out in Article 25.

2. For all observed hauls that contain Greenland shark, observers shall record the number, estimated weight and measured length (estimated length if measured length is not possible) per haul or set, the sex, and catch disposition (alive, dead or unknown) of each individual Greenland shark.

3. It shall be prohibited to: (a) remove shark fins on board vessels; (b) retain on board, tranship or land shark fins fully detached from a carcass.

4. Without prejudice to paragraph 1, in order to facilitate on-board storage, shark fins may be partially sliced through and folded against the carcass.

5. No fishing vessel shall retain on board, tranship or land any fins harvested in contravention of this Article.

6. In fisheries that are not directed at sharks, each Member State shall encourage every vessel flying its flag to release sharks alive, and especially juveniles, that are not intended for use as food or subsistence.

7. Member States shall, where possible: (a) undertake research to identify ways to make fishing gear more selective for the protection of sharks; (b) conduct research on key biological and ecological parameters, life-history, behavioural traits and migration patterns, as well as on the identification of potential mapping, pupping and nursery grounds of key shark species.

8. Member States shall provide the results of such research to the Commission, for transmission to the NAFO Executive Secretary.

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9. It shall be prohibited to conduct a directed fishery for Greenland shark ( Somniosus microcephalus ) in the Regulatory Area.

10. Fishing vessels flying the flag of a Member State shall undertake all reasonable efforts to minimise incidental catch and mortality, and, where alive, release Greenland sharks in a manner that causes the least possible harm.

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Article 13

Mesh sizes

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1. For the purpose of this Article, mesh size shall be measured in accordance with Annex III.A to the CEM referred to in point 10 of the Annex to this Regulation.

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2. No vessel shall fish with a net having a mesh size smaller than prescribed for each of the following species: ▼M1 (a) 40 mm for shrimps, including prawns (PRA); ▼B (b) 60 mm for short finned squid (SQI); (c) 280 mm in the codend and 220 mm in all other parts of the trawl for skate (SKA); (d) 130 mm for all other groundfish, as listed in Annex I.C of CEM referred to in point 11 of the Annex to this Regulation; (e) 100 mm for pelagic Sebastes mentella (REB) in Subarea 2 and Divisions 1F and 3K; and (f) 90 mm for redfish (RED) in the fishery using mid-water trawls in Divisions 3O, 3M and 3LN.

3. A vessel conducting a fishery for a species referred to in paragraph 2 of this Article that has on board nets having a mesh size smaller than that specified in that paragraph, shall ensure such nets are securely lashed and stowed and are not available for immediate use during that fishery.

4. A vessel conducting a directed fishery for species other than those identified in paragraph 2 of this Article is, however, permitted to take regulated species with nets having a mesh size less than that specified in that paragraph, provided that the by-catch requirements laid down in Article 7(3) are complied with.

Article 14

Use of attachments and marking of gear

1. Strengthening ropes, splitting straps and codend floats may be used on trawls, as long as those attachments do not in any way restrict the authorised mesh or obstruct the mesh opening.

2. No vessel shall use any means or device that obstructs or diminishes the size of the meshes. However, vessels may attach devices described in Annex III.B Authorised Topside Chafers/Shrimp Toggle Chains of the CEM referred to in point 12 of the Annex to this Regulation, to the upper side of the codend in a manner that does not obstruct the meshes of the codend including any lengtheners. Canvas, netting or other material may be attached to the underside of the codend of a net only to the extent required to prevent or minimise damage to the codend.

3. Vessels fishing for Northern prawn in Division 3L or 3M shall use sorting grids or grates with a maximum bar spacing of 22 mm. Vessels fishing for Northern prawn in Division 3L shall also be equipped with toggle chains with a minimum length of 72 cm as measured in accordance with Annex III.B to the CEM referred to in point 12 of the Annex to this Regulation.

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3a. Fishing vessels conducting a directed trawl fishery for cod in Division 3M shall use a sorting grid for the purpose of reducing the catches of smaller individuals of cod with a minimum bar spacing of 55 mm. The sorting grid shall be placed in the top side panel of the trawl preceding the codend.

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4. When fishing in the areas referred to in Article 18(1), only mid-water trawl gear is allowed.

5. No fishing vessel shall: (a) use gear that is not marked in accordance with generally accepted international standards, in particular the 1967 Convention on Conduct of Fishing Operations in the North Atlantic; or (b) deploy any marker buoy or similar object floating on the surface and intended to indicate the location of fixed fishing gear without displaying the vessel's registration number.

Article 15

Lost or abandoned fishing gear, retrieval of fishing gear

1. The master of the vessel fishing in the Regulatory Area shall: (a) have equipment on board the fishing vessel to retrieve lost gear; (b) if the gear or part of it is lost, make every reasonable attempt to retrieve it as soon as possible; and (c) not deliberately abandon fishing gear, except for safety reasons.

2. If the lost gear cannot be retrieved, the master of the vessel shall notify the flag Member State within 24 hours of the following: (a) the name and call sign of the vessel; (b) the type of lost gear; (c) the quantity of gear lost; (d) the time when the gear was lost; (e) the position where the gear was lost; and (f) the measures taken by the vessel to retrieve the lost gear.

3. Following retrieval of lost gear, the master of the vessel shall notify the flag Member State within 24 hours of the following: (a) the name and call sign of the vessel that has retrieved the gear; (b) the name and call sign of the vessel that lost the gear (if known); (c) the type of gear retrieved; (d) the quantity of gear retrieved; (e) the time when the gear was retrieved; and (f) the position where the gear was retrieved.

4. The Member State shall without delay notify the Commission of the information referred to in paragraphs 2 and 3, for transmission to the NAFO Executive Secretary.

Article 16

Minimum fish size requirements

1. No vessel shall retain on board any fish smaller than the minimum size established in accordance with Annex I.D to the CEM referred to in point 13 of the Annex to this Regulation, which it shall immediately return to the sea.

2. Processed fish which is below a length equivalent prescribed for that species in Annex I.D to the CEM referred to in point 13 of the Annex to this Regulation shall be considered to derive from fish that is smaller than the minimum fish size prescribed for that species.

3. Where the number of undersized fish in a single haul exceeds 10 % of the total by number of fish in that haul, the vessel shall for its next tow maintain a minimum distance of 5 nautical miles from any position of the previous tow.







CHAPTER III

PROTECTION OF VMES IN THE REGULATORY AREA FROM BOTTOM FISHING ACTIVITIES

Article 17

Map of footprint (existing bottom fishing areas)

The map of existing bottom fishing areas in the Regulatory Area illustrated in Figure 2 of the CEM referred to in point 2 of the Annex to this Regulation, is delimited on the western side by the Canadian Exclusive Economic Zone boundary and on the eastern side by the coordinates shown in Table 4 of the CEM referred to in point 1 of the Annex to this Regulation.

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Article 18

Area restrictions for bottom fishing activities

1. Until 31 December 2021, no vessel shall engage in bottom fishing activities in any of the areas illustrated in Figure 3 of the CEM referred to in point 14 of the Annex to this Regulation, and defined by connecting the coordinates specified in Table 5 of the CEM referred to in point 15 of the Annex to this Regulation, in their numerical order and back to coordinate 1.

2. Until 31 December 2021, no vessel shall engage in bottom fishing activities in the area of Division 3O illustrated in Figure 4 of the CEM referred to in point 16 of the Annex to this Regulation, and defined by connecting the coordinates specified in Table 6 of the CEM referred to in point 17 of the Annex to this Regulation, in their numerical order and back to coordinate 1.

3. Until 31 December 2021, no vessel shall engage in bottom fishing activities in areas 1-13 illustrated in Figure 5 of the CEM referred to in point 18 of the Annex to this Regulation, and defined by connecting the coordinates specified in Table 7 of the CEM referred to in point 19 of the Annex to this Regulation, in numerical order and back to coordinate 1.

▼B

Article 19

Exploratory bottom fishing activities

1. Exploratory bottom fishing activities shall be subject to a prior exploration conducted in accordance with the exploratory protocol set out in Annex I.E to the CEM referred to in point 20 of the Annex to this Regulation.

2. Member States whose vessels wish to engage in exploratory bottom fishing activities shall, for the purpose of the evaluation: (a) communicate to the Commission the ‘Notice of Intent to Undertake Exploratory Bottom Fishing’ in accordance with Annex I.E to the CEM referred to in point 21 of the Annex to this Regulation, together with the assessment required under Article 20(1); (b) provide to the Commission an ‘Exploratory Bottom Fishing Trip Report’ in accordance with Annex I.E to the CEM referred to in point 22 of the Annex to this Regulation, within two months of the completion of the exploratory bottom fishing activities.

3. The master of the vessel shall: (a) start exploratory bottom fishing activities only after being authorised in accordance with the conservation and management measures adopted by the NAFO Commission to prevent significant adverse impacts of the exploratory fishing activities on VMEs; (b) have a scientific observer on board for the duration of the exploratory bottom fishing activity.

Article 20

Preliminary assessment of proposed exploratory bottom fishing activities

1. A Member State proposing to participate in exploratory bottom fishing activities shall submit, in support of its proposal, a preliminary assessment of the known and anticipated impacts of the bottom fishing activity, which will be exercised by the vessels flying its flag, on VMEs.

2. The preliminary assessment referred to in paragraph 1 shall: (a) be sent to the Commission not less than one week in advance of the opening of the June meeting of the NAFO Scientific Council; (b) address the elements for assessment of proposed exploratory bottom fishing activities in accordance with Annex I.E to the CEM referred to in point 23 of the Annex to this Regulation.

Article 21

Encounters with VME indicator species

1. An encounter with VME indicator species is defined as catch per set (for example trawl tow, longline set, or gill net set) of more than 7 kg of sea pens and/or 60 kg of other live coral and/or 300 kg of sponges.

2. Each Member State shall require that masters of vessels flying its flag and conducting bottom fishing activities in the Regulatory Area quantify the catch of VME indicator species, where evidence of VME indicator species, in accordance with Part VI of Annex I.E to the CEM referred to in point 3 of the Annex to this Regulation, are encountered during the course of fishing operations.

3. If the quantity of VME indicator species caught in the fishing operation referred to in paragraph 2 (such as trawl tow or set of a gill net or longline) is beyond the threshold defined in paragraph 1, the master of the vessel shall: (a) report the encounter without delay to the competent authority of the flag Member State including the position that is provided by the vessel, either the end point of the tow or set or another position that is closest to the exact encounter location, the VME indicator species encountered, the quantity (kg) of VME indicator species encountered; and (b) cease fishing and move away at least 2 nautical miles from the endpoint of the tow/set in the direction least likely to result in further encounters. The master of the vessel shall use his best judgment based on all available sources of information.

4. Each Member State shall require that an observer with sufficient scientific expertise be deployed in accordance with point (b) of Article 19(3) for the areas outside the footprint who shall: (a) identify corals, sponges and other organisms to the lowest possible taxonomical level, using the ‘Exploratory Fishery Data Collection Form’ in accordance with Annex I.E to the CEM referred to in point 24 of the Annex to this Regulation; and (b) deliver the results of such identification to the master of the vessel to facilitate the quantification referred to in paragraph 2 of this Article.

5. Each Member State shall: (a) forward, without delay, the encounter information reported by the master of the vessel to the Commission if the quantity of the VME indicator species caught in a fishing operation (such as trawl, tow, set, of a gill net or longline) is beyond the threshold defined in paragraph 1; (b) issue an immediate alert of the encounter to all fishing vessels flying its flag; and, (c) temporarily close, where possible, a two mile radius around any reported VME encounter location outside the footprint upon notification by the Commission.

The Commission may reopen temporarily closed areas upon notification from NAFO.







CHAPTER IV

VESSEL REQUIREMENTS AND CHARTERING

Article 22

Vessel requirements

1. Each Member State shall notify the Commission of the following by electronic means: (a) a list of vessels flying its flag which it may authorise to conduct fishing activities in the Regulatory Area (‘notified vessels’), in the format prescribed in Annex II.C1 to the CEM referred to in point 25 of the Annex to this Regulation; (b) any deletion from the list of notified vessels, without delay, in the format prescribed in Annex II.C2 to the CEM referred to in point 26 of the Annex to this Regulation.

2. No fishing vessel shall be permitted to conduct fishing activities in the Regulatory Area unless: (a) it is listed as a notified vessel; (b) it has been issued with an IMO number; and (c) it has been issued with an authorisation by the flag Member State to conduct such fishing activities (‘authorised vessel’).

3. No Member State shall authorise a fishing vessel flying its flag to conduct fishing activities in the Regulatory Area unless it is able to exercise effectively its flag State duties in respect of such vessel.

4. Each Member State shall manage the number of authorised vessels and their fishing effort in a manner that takes due account of the fishing opportunities available to that Member State in the Regulatory Area.

5. Each Member State shall transmit to the Commission by electronic means: (a) the individual authorisation for each vessel on the list of notified vessels it has authorised to conduct fishing activities in the Regulatory Area, in the format specified in Annex II.C3 to the CEM referred to in point 27 of the Annex to this Regulation and not later than 40 days before the start of the fishing activities for the calendar year; Each authorisation shall in particular identify the start and end dates of validity and, the species for which directed fishery is allowed, unless exempted in Annex II.C3 to the CEM referred to in point 27 of the Annex to this Regulation. If the vessel intends to fish for regulated species referred to in fishing opportunities in force, the identification shall refer to the stock, where the regulated species is associated with the area concerned; (b) the suspension of the authorisation, in the format prescribed in Annex II.C4 to the CEM referred to in point 28 of the Annex to this Regulation, without delay, in case of removal of the authorisation concerned or of any modification to its content, where the removal or the modification occurs during the period of validity; (c) the resumption of a suspended authorisation, transmitted in accordance with the procedure set out in point (a).

6. Each Member State shall ensure that the period of validity of the authorisation matches with the certification period concerning the certification of the capacity plan referred to in paragraphs 10 and 11.

7. Every fishing vessel shall bear markings that are readily identified in accordance with internationally accepted standards, such as the FAO Standard Specifications for the Marking and Identification of Fishing Vessels.

8. No fishing vessel shall operate in the Regulatory Area without carrying on board current valid documents issued by the competent authority of the flag Member State, at a minimum establishing the following particulars concerning the vessel: (a) its name, if any; (b) the letter(s) of the port or district in which it is registered, if any; (c) the number(s) under which it is registered; (d) the IMO number; (e) its international radio call sign, if any; (f) the names and addresses of the owner(s) and, where applicable, the charterers; (g) its length overall; (h) its engine power; (i) the capacity plan referred to in paragraph 10; and (j) estimation of freezing capacity or certification of refrigeration system.

9. No fishing vessel shall conduct fishing activities in the Regulatory Area without carrying on board an accurate up-to-date capacity plan, certified by a competent authority or recognised by its flag Member State.

10. The capacity plan shall: (a) take the form of a drawing or description of its fish storage place, including the storage capacity of each fish storage place in cubic metres and the drawing shall consist of longitudinal section of the vessel, including a plan for each deck on which a fish storage place is located and the locations of freezers; (b) show in particular the positions of any door, hatch and any other access to each fish storage place, with reference to the bulkheads; (c) indicate the main dimensions of the fish storage tanks (refrigerated sea water tanks) and, for each one, indicating the calibration in cubic metres at intervals of 10 cm; and (d) have the true scale clearly indicated on the drawing.

11. Each Member State shall ensure that, every two years, the capacity plan of its authorised vessels is certified correct by the competent authority.

▼M1

Article 23

Chartering arrangements

1. For the purpose of this Article, ‘chartering Contracting Party’ refers to the Contracting Party that holds an allocation as indicated in Annex I.A and Annex I.B to the CEM, or the Member State that holds a fishing opportunities allocation, and ‘flag State Contracting Party’ refers to the Contracting Party or to the Member State in which the chartered vessel is registered.

2. All or part of the fishing allocation of a chartering Contracting Party can be harvested using a chartered authorised vessel (‘chartered vessel’) flying the flag of another Contracting Party, subject to the following conditions: (a) the flag State Contracting Party has consented in writing to the chartering arrangement; (b) the chartering arrangement is limited to one fishing vessel per flag State Contracting Party in any calendar year; (c) the duration of the fishing operations under the chartering arrangement does not exceed six months cumulatively in any calendar year; and (d) the chartered vessel is not a vessel that has previously been identified as having engaged in IUU fishing.

3. All catch and by-catch taken by the chartered vessel in accordance with the chartering arrangement shall be attributed to the chartering Contracting Party.

4. The flag State Contracting Party shall not authorise the chartered vessel, when conducting fishing operations under the chartering arrangement, to fish any of the flag State Contracting Party’s allocations or under another charter at the same time.

5. No transhipment at sea may be carried out without the prior authorisation of the chartering Contracting Party, which shall ensure that it is carried out under the supervision of an observer on board.

6. The flag State Contracting Party shall notify the NAFO Executive Secretary in writing prior to the start of the chartering arrangement of its consent to the chartering arrangement and provide to the chartered vessel a copy of the notice issued by the NAFO Executive Secretary with the details of the chartering.

6a. Where the chartered vessel is a Union fishing vessel, the flag Member State shall notify the Commission in writing prior to the start of the chartering arrangement. Where the Commission considers that the relevant conditions established in the CEM are met, it shall notify the NAFO Executive Secretary of the consent to the chartering arrangement.

6b. The chartering Contracting Party shall, before the date the chartering arrangement is effective, provide the following information in writing to the NAFO Executive Secretary and to the chartered vessel, which shall at all times carry a copy on board: (a) the name, flag State registration, IMO number and flag State of the vessel; (b) previous name(s) and flag State(s) of the vessel, if any; (c) the name and address of the owner(s) and operators of the vessel; (d) a copy of the chartering arrangement and any fishing authorisation or licence the chartering Contracting Party has issued to the chartered vessel; and (e) the allocation assigned to the vessel.

6c. Where the chartering Contracting Party is the Union, the chartering Member State shall notify the information referred to in paragraph 6b to the Commission before the chartering arrangement becomes effective. Where the Commission considers that the relevant conditions established in the CEM are met, it shall transmit the information to the NAFO Executive Secretary.

7. Where the chartered vessel is a Union fishing vessel, the flag Member State shall notify the Commission immediately upon the occurrence of any of the following events: (a) start of fishing operations under the chartering arrangement; (b) suspension of fishing operations under the chartering arrangement; (c) resumption of fishing operations under a chartering arrangement that has been suspended; (d) end of fishing operations under the chartering arrangement.

8. The flag State Contracting Party shall maintain a separate record of catch and by-catch data from fishing operations in accordance with every charter of a vessel flying its flag and report them to the Commission, which shall transmit it to the chartering Contracting Party and the NAFO Executive Secretary.

▼B







CHAPTER V

MONITORING OF FISHERIES

Article 24

Product labelling requirements

1. When processed, all species harvested in the Regulatory Area shall be labelled in such a way that each species and product category is identifiable. All species must be labelled using the following data: (a) the name of the capture vessel; (b) the 3-Alpha Code for each species as listed in Annex I.C to the CEM referred to in point 11 of the Annex to this Regulation; (c) in the case of Northern prawns, the date of capture; (d) the Regulatory Area and Division of fishing; and (e) the product form presentation code as listed in Annex II.K to the CEM referred to in point 29 of the Annex to this Regulation.

2. Labels shall be securely affixed, stamped or written on packaging at the time of stowage and be of a size that can be read by inspectors in the normal course of their duties.

3. Labels shall be marked in ink on a contrasting background.

4. Each package shall contain only: (a) one product form category; (b) one Division of capture; (c) one date of capture (in the case of Northern prawns); and (d) one species.

Article 25

Monitoring of catch

1. For the purposes of monitoring catch, each fishing vessel shall have a fishing logbook, a production logbook and a stowage plan to record fishing activities in the Regulatory Area.

2. Each fishing vessel shall maintain a fishing logbook that is retained on board for at least 12 months and in accordance with Annex II.A to the CEM referred to in point 30 of the Annex to this Regulation, and that: ▼M1 (a) accurately records the catch of each tow/set by Division; ▼B (b) indicates the disposition of the catch of each tow/set, including the amount (in kg, live weight) of each stock that is retained on board, discarded, offloaded, or transhipped during the current fishing trip.

3. Each fishing vessel shall maintain a production logbook that is retained on board for at least 12 months and that: (a) records the daily cumulative production for each species and product type in kg for the preceding day from 00:01 UTC until 24:00 UTC; ▼M1 (b) records the production of each species and product type by Division; ▼B (c) lists the conversion factors used to convert production weight of each product type into live weight when recorded in the fishing logbook; ▼M1 (d) records each entry in accordance with Article 24; and ▼M1 (e) when production has occurred on the day of an inspection, makes the information related to any catch processed for that day available to an inspector upon request. ▼B

4. Each fishing vessel shall, with due regard for safety and navigational responsibilities of the master of the vessel, stow all catch taken in the Regulatory Area separately from all catch taken outside the Regulatory Area, and ensure that such separation is clearly demarcated using plastic, plywood or netting.

5. Each fishing vessel shall maintain a stowage plan that: (a) clearly shows: (i) the location and quantity, expressed as product weight in kg, of each species within each fish hold; (ii) the location in each hold of shrimp taken in Division 3L and in Division 3M, including the quantity of shrimp in kg, by Division; (iii) the top view of product within each fish hold; (b) is updated daily for the preceding day from 00:01 to 24:00 UTC; and (c) is retained on board until all catches have been unloaded completely from the vessel.

6. Every fishing vessel shall transmit electronically, in accordance with the format and the content prescribed for each type of report in Annex II.D and Annex II.F to the CEM referred to in points 31 and 32 of the Annex to this Regulation, to its FMC reports as regards the following: (a) catch on entry (COE): quantity of catch on board by species upon entry into the Regulatory Area, transmitted at least six hours in advance of the vessel's entry; (b) catch on exit (COX): quantity of catch on board by species upon exit from the Regulatory Area transmitted at least six hours in advance of the vessel's exit; ▼M1 (c) catch report (CAT): quantity of catch retained and quantity discarded by species for the day preceding the report, by Division, including nil catch returns, sent daily before 12:00 UTC, unless otherwise submitted in a COX report; nil catch retained and nil discards of all species shall be reported using the 3 alpha code MZZ (marine species not specified) and quantity as ‘0’ as the following examples demonstrate (//CA/MZZ 0//and//RJ/MZZ 0//); ▼B (d) catch on board (COB): for any vessel fishing Northern prawn in Division 3L, prior to entry or exit from Division 3L, transmitted one hour prior to crossing the boundary of Division 3L; (e) transhipment (TRA): (i) by donor vessel, transmitted at least twenty four hours in advance of the transhipment; and (ii) by receiving vessel, not later than one hour after the transhipment. (f) port of landing (POR): by a vessel that has received a transhipment at least twenty four hours in advance of any landing.

▼M1

Catch shall be reported at the species level under their corresponding 3-alpha code presented in Annex I.C to the CEM referred to in point 11 of the Annex to this Regulation or, if not contained in Annex I.C to the CEM, the FAO Aquatic Sciences and Fisheries Information System List of Species for Fishery Statistics shall be used. The estimated weight of sharks caught per haul or set shall also be recorded.

▼B

7. The reports referred to in paragraph 6 may be cancelled by means of a cancel report in the format specified in Annex II.F(8) to the CEM referred to in point 32 of the Annex to this Regulation. If any of those reports is subject to correction, a new report shall be sent without delay after the cancel report within the time limits set out in this Article.

The flag State FMC shall communicate its acceptance of the report cancellation from vessels flying its flag to the Commission without delay.

8. Each Member State shall ensure that its FMC, immediately upon receipt, transmits electronically the reports referred to in paragraph 6 to the NAFO Executive Secretary in the format prescribed in Annex II.D to the CEM referred to in point 31 of the Annex to this Regulation, with the Commission and EFCA in copy.

9. Each Member State shall: (a) report its provisional monthly catches by species and stock area, and its provisional monthly fishing days for the fishery of Northern prawn in Division 3M, whether or not it has quota or effort allocations for the relevant stocks; it shall transmit those reports to the Commission within 20 days of the end of the calendar month in which the catch was taken; (b) ensure that logbook information is submitted in either Extensible Markup Language (XML) or in a Microsoft Excel file format, to the Commission containing at a minimum the information outlined in Annex II.N to the CEM referred to in point 33 of the Annex to this Regulation, within 60 days following the completion of each fishing trip.

▼M1

Point (a) of the first subparagraph of this paragraph shall not apply if all catches have been reported in accordance with paragraph 6.

▼B

Article 26

Vessel monitoring system (VMS)

1. Each fishing vessel operating in the Regulatory Area shall be equipped with a satellite monitoring device capable of continuous automatic transmission of position to its land-based FMC, at least once an hour, with the following VMS data: (a) vessel identification; (b) most recent vessel position, by latitude and longitude, having an error tolerance margin no greater than 500 metres and a confidence interval of 99 %; (c) UTC date and time of the fixing of the position; and (d) vessel course/heading and speed.

2. Each Member State shall ensure that its FMC: (a) receives the position data referred to in paragraph 1 and records them using the following 3 letter codes: (i) ‘ENT’, first VMS position transmitted by each vessel upon entering the Regulatory Area; (ii) ‘POS’, every subsequent VMS position transmitted by each vessel from within the Regulatory Area; and (iii) ‘EXI’, first VMS position transmitted by each vessel upon exiting the Regulatory Area; (b) is equipped with computer hardware and software for automatic data processing and electronic data transmission and applies back-up and recovery procedures and records the data received from fishing vessels in computer readable form that it maintains for not less than three years; and (c) notifies the Commission and EFCA of the FMC name, address, telephone, telex, email or facsimile numbers and any subsequent changes without delay.

3. Each Member State shall assume all costs associated with its own VMS.

4. Where an inspector observes a fishing vessel in the Regulatory Area and has not received data in accordance with paragraph 1, 2 or 8 that inspector shall inform the master of the vessel and the Commission.

5. The Member State shall ensure that the master of the vessel or the owner of a fishing vessel flying its flag or its representative is informed when the vessel's satellite monitoring device appears to be defective or non-functioning.

6. Where the satellite monitoring device fails, the master of the vessel shall ensure it is repaired or replaced within one month following such failure, or, where a fishing trip lasts more than one month, the repair or the replacement is completed upon the vessel's next entry into port.

7. No fishing vessel may commence a fishing trip with a defective satellite monitoring device.

8. Every fishing vessel operating with a defective satellite monitoring device, shall transmit, at least once every 4 hours, the VMS position data to its flag Member State FMC by other available means of communication, in particular, satellite, email, radio, facsimile or telex.

9. The flag Member State shall ensure that: (a) its FMC transmits VMS position data to the NAFO Executive Secretary with the Commission and EFCA in copy, as soon as possible, but not later than 24 hours after it receives them and may authorise fishing vessels flying its flag to transmit VMS position data by satellite, email, radio, facsimile or telex, direct to the NAFO Executive Secretary; and (b) the VMS position data transmitted to the NAFO Executive Secretary are in conformity with the data exchange format set out in Annex II.E to the CEM referred to in point 34 of the Annex to this Regulation and further described in Annex II.D to the CEM referred to in point 31 of the Annex to this Regulation.

10. Each Member State may use NAFO VMS data for search and rescue or for the purpose of maritime safety.







CHAPTER VI

OBSERVER SCHEME

Article 27

Observer programme

1. Observers shall be independent and impartial, and have the training, knowledge, skills and abilities to perform all of the duties, functions and requirements as specified in this Article. Observers shall execute their duties and functions in an unbiased manner regardless of nationality and of which flag the vessel is flying, and shall be free from undue influence or benefit linked to the fishing activity of any vessel fishing in the Regulatory Area.

2. Without prejudice to the exception in paragraph 3, each fishing vessel, while conducting fishing activities in the Regulatory Area, shall carry at all times at least one observer in accordance with the provisions of the observer programme. A fishing vessel shall not commence fishing until the observer is deployed on the fishing vessel. The failure to carry an observer if required shall be considered a serious infringement.

3. By way of derogation from paragraph 2, and provided that NAFO has not requested a higher observer coverage level, a Member State may allow fishing vessels flying its flag to carry an observer for less than 100 %, but not less than 25 % of the fishing trips conducted by its fleet, or of the days the fishing vessels are present in the Regulatory Area during the year, on the condition that the flag Member State, for the vessels not carrying an observer: (a) ensures that the vessels concerned target species in areas where negligible by-catch of other species is expected to occur; (b) ensures that the vessel complies with all real-time reporting requirements; (c) physically inspects or otherwise evaluates as appropriate, following risk assessment, each landing in its ports by the vessel concerned according to national monitoring, control and surveillance procedures. If any infringement to this Regulation is detected and confirmed, it shall prepare an inspection report in the format prescribed in Annex IV.C to the CEM referred to in point 9 of the Annex to this Regulation and transmit it to the Commission as soon as possible after the infringement has been confirmed; (d) as early as possible in advance of the fishing trip, transmits to the Commission the following information: (i) the name, IMO number, and international radio call sign of the vessel; (ii) the factors that support the decision to grant the derogation from the 100 % coverage; (e) submits to the Commission by 15 February each year, for the previous calendar year, a report containing a comparison of all relevant fishing activities showing the difference between the trips where the vessel had an observer on board and those where the observer was withdrawn. The Commission shall transmit that information to the NAFO Executive Secretary by 1 March each year.

4. Where an inspector issues a notice of an infringement to a fishing vessel that is not carrying an observer, except where the absence of an observer is in accordance with paragraph 3, at the time of the notice, the infringement shall be deemed a serious infringement for the purpose of Article 35(1) and, where the flag Member State does not require the fishing vessel to proceed immediately to port in accordance with Article 35(3), it shall assign an observer to the fishing vessel without delay.

5. Each Member State shall: (a) each year, before the vessels flying its flag start fishing in the Regulatory Area, send to the Commission an updated list of observers (name and ID if applicable) that it intends to deploy on vessels flying its flag operating in the Regulatory Area; (b) require vessels flying its flag to carry an observer from the list referred to in point (a), in accordance with the observer programme; (c) to the extent practicable, ensure that individual observers are not deployed on consecutive trips on the same vessel; (d) ensure that observers are equipped with an independent two-way communication device at sea; (e) take appropriate action with respect to vessels flying its flag to ensure safe working conditions, the protection, security and welfare of observers in the performance of their duties, consistent with international standards or guidelines; (f) ensure that the observers treat all data and information relating to the fishing operations collected during their deployment, including images and videos taken, in accordance with applicable confidentiality requirements; ▼M1 (g) electronically and without delay following its receipt, transmit to the NAFO Executive Secretary the daily observer report referred to in point (e) of paragraph 11. ▼B

6. Upon the receipt of an observer report from an observer reporting discrepancies with the CEM or an incident, including any instances of obstruction, intimidation, interference, or otherwise prevention of the observer from performing his or her duties, concerning a vessel flying its flag, a Member State shall: (a) treat the report with utmost sensitivity and discretion, in accordance with applicable confidentiality requirements; (b) assess discrepancies identified in the observer report and conduct any follow-up action deemed appropriate; (c) create a report on follow-up actions and submit it to the Commission.

▼M1

7. Each Member State shall provide: (a) not later than 24 hours in advance of an observer’s deployment on board a fishing vessel, the name of the fishing vessel and international radio call sign, together with the name and ID (if applicable) of the observer concerned; (b) within 20 days following the arrival of the vessel in port, the observer trip report referred to in paragraph 11; (c) by 15 February each year for the previous calendar year, a report on its compliance with the obligations set out in this Article.

▼B

8. If a fishing vessel is carrying an observer from another Member State or NAFO Contracting Party, that observer shall report to the vessel's flag Member State.

9. If a fishing vessel required to carry an observer is not carrying one, the flag Member State may allow any other Contracting Party to deploy an observer on the vessel.

10. If, during deployment, it is determined that a serious risk to the observer exists, the flag Member State shall take steps to ensure that the observer is removed from the vessel unless and until the risk is addressed.

11. An observer deployed on a vessel shall, at a minimum, perform the duties listed below: (a) record for each haul/set, in the format indicated in Annex II.M to the CEM referred to in point 35 of the Annex of this Regulation (‘the observer trip report’): (i) the quantity of all catch, by species, including for discards and VME indicator species as referred to in Part VI of Annex I.E to the CEM referred to in point 3 of the Annex to this Regulation: — as recorded in the vessel fishing and production logbooks, — as estimated independently by the observer. For hauls where independent observer estimations are not possible, the relevant data cells should be left blank and noted in the comments section; (ii) any discrepancy identified between the different sources of catch data; (iii) gear type, mesh size, attachments; (iv) effort data; (v) longitude and latitude, fishing depth; (vi) in the case of trawl fisheries, the time from the end of setting to the start of gear retrieval. In any other case, the start of setting and the end of retrieval; (b) monitor the vessel's stowage plan referred to in Article 25, and record in the observer report any discrepancies identified; (c) record any observed interruption of or interference with the VMS; (d) only set vessel's instruments with the master of the vessel's agreement; (e) transmit daily, whether the vessel is fishing or not, before 12:00 UTC to the FMC of the flag Member State, in accordance with Annex II.G to the CEM referred to in point 36 of the Annex to this Regulation, the observer report, by Division; (f) perform such work, including for scientific purposes, as NAFO may request; (g) submit the observer report, in a computer readable form, where possible with the associated images taken by the observer as attachment: (i) as soon as possible after leaving the Regulatory Area and at the latest at arrival of the vessel in port, to the flag Member State; (ii) immediately upon arrival in port, to the local port inspection authority if an inspection in port occurs; (h) make themselves available to inspectors at sea, or in port upon arrival of the vessel, for the purposes of investigating the fishing activities of the vessel; (i) referring to any incidents of non-compliance with this Regulation: (i) report without delay to the competent authority of the flag Member State of the vessel, any discrepancy with this Regulation, including any instances of obstruction, intimidation, interference or otherwise prevention of the observer from performing his or her duties, using the independent two-way communication device; and (ii) maintain detailed records, including relevant images and video footage, of any circumstances and information relating to any instances of discrepancies with this Regulation, for transmission to the FMC of the flag Member State at the earliest opportunity, and at the latest upon arrival of the vessel in port.

12. The master of the vessel flying the flag of a Member State shall: (a) extend such cooperation and assistance as may be required to enable the observer to carry out his or her duties. This cooperation shall include providing the observer with such access as may be required to the catch, including such catch as the vessel may intend to discard; (b) provide food and accommodation to the observer of a standard no less than that provided to the vessel's officers. If officers' accommodation is not available, the observer shall be provided accommodation of a standard as close to an officer's as practicable but not less than that provided to the crew; (c) provide access to all operational areas of the vessel necessary for the observer to complete his or her duties, including the vessel's hold(s), production area(s), bridge, garbage processing equipment and navigation and communication equipment; (d) not obstruct, intimidate, interfere with, influence, bribe or attempt to bribe an observer in the performance of his or her duties; (e) include the observer in all emergency drills conducted on-board; and (f) notify the observer when an inspection party has signalled their intent to board the vessel.

13. Unless otherwise arranged with another NAFO Contracting Party or flag Member State, each Member State shall bear the costs of remunerating the observers it has deployed. The flag Member State may allow fishing operators to contribute to the costs of remunerating observers without prejudice to paragraph 14.

14. Observers shall not have financial or beneficial interest in, and shall be paid in a manner that demonstrates financial independence from, any vessel fishing in the Regulatory Area.

▼M1

15. The information that Member States are required to provide in accordance with points (c) and (d) of paragraph 3, point (a) of paragraph 5, point (c) of paragraph 6 and paragraph 7 shall be transmitted to EFCA with the Commission in copy. EFCA shall ensure that this information is transmitted to the NAFO Executive Secretary without delay, for posting on the MCS website.

▼B







CHAPTER VII

JOINT INSPECTION AND SURVEILLANCE SCHEME

Article 28

General provisions

1. EFCA shall coordinate the inspection and surveillance activities for the Union. It may draw up, in concert with the Member States concerned, joint operational inspection and surveillance programmes for that purpose (‘the Scheme’). The Member States whose vessels are engaged in fisheries in the Regulatory Area shall adopt the necessary measures to facilitate the implementation of the Scheme, particularly as regards the human and material resources required and the periods and zones in which these resources are to be deployed.

▼M1

2. Inspection and surveillance shall be carried out by inspectors assigned by the Member States, EFCA and the Commission. Member States and the Commission shall notify inspectors to EFCA through the Scheme.

▼B

3. The Member States, in collaboration with the Commission and EFCA, may by mutual agreement deploy inspectors and EFCA coordinators that EFCA has assigned to the Scheme to an inspection platform of another NAFO Contracting Party.

4. When there are more than 15 fishing vessels of Member States at any one time present in the Regulatory Area, EFCA and Member States shall ensure that during that time: (a) an inspector or other competent authority is present in the Regulatory Area; or (b) a competent authority is present in the territory of a NAFO Contracting Party adjacent to the Convention Area; (c) Member States respond without delay to every notice of infringement in the Regulatory Area by a fishing vessel flying their flag.

5. Member States participating in the Scheme shall provide each inspection platform, upon its entry into the Regulatory Area, with a list of sightings and boardings it has conducted in the previous ten-day period including the date, coordinates and any other relevant information.

6. Each Member State participating in the Scheme, in coordination with the Commission or EFCA, shall ensure that every inspection platform flying its flag operating in the Regulatory Area maintains secure contact, daily where possible, with every other inspection platform operating in the Regulatory Area, to exchange information necessary to coordinate their activities.

▼M1

7. Inspectors visiting a research vessel shall note the status of the vessel, and shall limit inspection procedures to those necessary to ascertain that the vessel is conducting activities consistent with its research plan. Where the inspectors have reasonable grounds to suspect the vessel is conducting activities that are not consistent with its research plan, the Commission and EFCA shall be informed immediately, and the CEM shall fully apply.

▼B

8. Member States shall ensure its inspectors treat vessels operating in the Regulatory Area equitably and in an equal manner by avoiding a disproportionate number of inspections on vessels flying the flag of any one NAFO Contracting Party. In respect of any quarter-annual period, the number of inspections its inspectors conduct on vessels flying the flag of another NAFO Contracting Party shall, insofar as possible, reflect the proportion of the total fishing activity in the Regulatory Area encompassing, inter alia, the level of catches and vessel days. In determining the frequency of inspections, inspectors may take into account the fishing patterns and compliance record of any fishing vessel.

9. When participating in the Scheme, a Member State shall ensure that, except when inspecting a fishing vessel flying its flag and in accordance with its domestic law, inspectors and inspector trainees assigned to the Scheme: (a) remain under its operational control; (b) implement the provisions of the Scheme; (c) do not carry arms when boarding the vessel; (d) refrain from enforcing laws and regulations relating to Union waters; (e) observe generally accepted international regulations, procedures and practices relating to the safety of the vessel being inspected and its crew; (f) do not interfere with fishing activities or stowage of fishery products and, to the extent practicable, avoid action which would adversely affect the quality of the catch on board; and (g) open containers in a manner that facilitates their prompt resealing, repacking and eventual re-storage.

10. All inspection, surveillance and investigation reports referred to in this Chapter and associated images or evidence shall be treated as confidential, in accordance with Annex II.B to the CEM referred to in point 37 of the Annex to this Regulation.

Article 29

Notification requirements

1. Each Member State shall, not later than 1 November each year, send the following information to EFCA (with the Commission in copy), which shall post the information on the NAFO MCS website: (a) the contact information of the competent authority which shall act as the contact point for the purpose of immediate notification of infringements in the Regulatory Area, and any subsequent changes to this information, not less than 15 days before the change comes into effect; (b) the names of inspectors and inspector trainees and the name, radio call sign and communication contact information of each inspection platform it has assigned to the Scheme. It shall notify changes to the particulars so notified, whenever possible, not less than 60 days in advance.

2. When participating in the Scheme, a Member State shall ensure that EFCA is notified in advance of the date, start time and end of each patrol by the inspection platform it has so assigned.

Article 30

Surveillance procedures

1. Where an inspector observes in the Regulatory Area a fishing vessel flying the flag of a NAFO Contracting Party for which there are reasons to suspect an apparent infringement of this Regulation, and where an immediate inspection is not practicable, the inspector shall: (a) fill out the Surveillance Report Form in accordance with Annex IV.A to the CEM referred to in point 38 of the Annex to this Regulation. If the inspector has made a volumetric or catch composition evaluation of the content of a haul, the surveillance report shall include all relevant information regarding the composition of the tow, and refer the method used for the volumetric evaluation; (b) record images of the vessel and record the position, date and time the image was recorded; and (c) without delay electronically transmit the surveillance report and images to his competent authority.

2. The competent authority of a Member State in receipt of such surveillance report shall without delay: ▼M1 (a) transmit the surveillance report to EFCA which shall submit it without delay to the NAFO Executive Secretary for transmission to the flag State Contracting Party of the vessel; ▼B (b) transmit a copy of images recorded to EFCA which shall in turn transmit them to the flag State Contracting Party of the vessel or the flag Member State if different from the inspecting Member State; (c) ensure security and continuity of the evidence for subsequent inspections.

3. Each Member State's competent authority shall on receipt of a surveillance report concerning a vessel flying its flag, conduct such investigation as may be necessary to determine appropriate follow-up action.

▼M1

4. Each Member State shall send the investigation report to EFCA, which shall send it to the NAFO Executive Secretary and to the Commission.

▼B

Article 31

Boarding and inspection procedures for Contracting Parties

Each Member State shall ensure that for an inspection conducted under the Scheme, its inspectors:

(a) prior to boarding, notify the fishing vessel by radio, using the International Code of Signals, of the name of the inspection platform;

(b) display, on the inspection vessel and boarding vessel, the pennant depicted in Annex IV.E to the CEM referred to in point 39 of the Annex to this Regulation;

(c) ensure that during boarding, the inspection vessel remains at a safe distance from fishing vessels;

(d) do not require the fishing vessel to stop or manoeuvre when towing, shooting or hauling;

(e) limit each inspection team to a maximum of four inspectors including any inspection trainee who may accompany the inspection team for training purposes only. Where an inspection trainee accompanies the inspectors, inspectors shall, upon boarding, identify the trainee to the master of the vessel. The inspection trainee shall simply observe the inspection operation conducted by the authorised inspectors and shall in no way interfere with the activities of the fishing vessel;

(f) upon boarding, present to the master of the vessel their NAFO documents of identity issued by the NAFO Executive Secretary in accordance with Article 32.3(b) of the CEM;

(g) limit inspections to four hours, or the time required for the net to be hauled in and both the net and the catch to be inspected, whichever is longer, except: (i) in the case of an infringement; or (ii) where the inspector estimates the quantity of catch on board to be different from the quantity of catch recorded in the fishing logbook, in which case the inspector will limit the inspection to one additional hour with a view to verifying calculations and procedures, and re-examining the relevant documentation used to calculate the catch taken in the Regulatory Area and the catch on board the vessel;

(h) gather any relevant information used for identifying compliance with this Regulation provided by the observer.

Article 32

Obligations of the master of the vessel during inspection

Every master of the vessel shall take the necessary measures as may be required to facilitate inspection by:

(a) ensuring, where an inspection vessel has signalled that an inspection is about to commence, that any net about to be hauled is not taken on board for at least 30 minutes following the signal from the inspection vessel;

(b) upon request by an inspection platform and to the extent compatible with good seamanship, facilitating boarding by the inspectors;

(c) providing a boarding ladder in accordance with Annex IV.G to the CEM referred to in point 40 of the Annex to this Regulation;

(d) ensuring any mechanical pilot hoist is fit for use in a safe manner including safe access between the hoist to the deck;

(e) providing the inspectors access to all relevant areas, decks and rooms, processed and unprocessed catch, nets or other gear, equipment, and any relevant documents which they consider necessary to verify compliance with this Regulation;

(f) recording and providing to inspectors upon request, coordinates pertaining to the start and end locations of any trial tow conducted in accordance with point (iii) of point (b) of Article 8(1);

(g) upon request of the inspector, producing registration documents, drawings or descriptions of fish rooms, production logbooks and stowage plans and rendering such assistance as the inspector reasonably requires to ascertain that actual stowage of catch conforms with the stowage plan;

(h) refraining from interfering with any contact between the inspectors and the observer including respecting the privacy necessary for the inspectors and the observer to perform their duties;

(i) facilitating the taking of samples of processed fish by inspectors, for the purpose of species identification through DNA analysis;

(j) taking such action as may be necessary to preserve the integrity of any seal affixed by the inspectors and of any evidence remaining on board, until otherwise directed by the flag State;

(k) to secure the continuity of evidence, where seals have been affixed and/or evidence has been secured, signing the appropriate section of the inspection report acknowledging the placement of seals;

(l) ceasing fishing when requested to do so by the inspectors in accordance with point (b) of Article 35(2);

(m) providing, upon request, the use of the vessel's communication equipment and operator for messages to be sent out and received by the inspectors;

(n) at the request of the inspectors, removing any part of the fishing gear which appears to be unauthorised under this Regulation;

(o) where the inspectors have made any entries in the logbooks, providing the inspector with a copy of each page where such entry appears, and at the request of the inspectors, signing each page to confirm that it is a true copy; and

(p) when requested to cease fishing, not resuming fishing until: (i) the inspectors have completed the inspection and secured any evidence; and (ii) the master of the vessel has signed the appropriate section of the inspection report as referred to in point (k).

Article 33

Inspection report and follow-up

1. Each Member State shall ensure that its inspectors complete an inspection report in the form set out in Annex IV.B to the CEM referred to in point 41 of the Annex to this Regulation (‘the inspection report’) in relation to each inspection.

2. For the purpose of the inspection report: (a) a fishing trip shall be considered to be current where the inspected vessel has on board catch harvested in the Regulatory Area during the trip; (b) when comparing entries in the production logbook with entries in the fishing logbook the inspectors shall convert production weight into live weight guided by conversion factors set out in Annexes XIII, XIV and XV to Commission Implementing Regulation (EU) No 404/2011 ( 5 ) for Union fishing vessels in respect of species and presentations covered by those Annexes and the conversion factors used by the master of the vessel in other cases; (c) the inspectors shall: (i) summarise from logbook records the vessel's catch in the Regulatory Area by species and by Division for the current fishing trip; ▼M1 (ii) record summaries as well as differences between the recorded catch and their estimates of the catch on board in the appropriate sections of the inspection report; ▼B (iii) upon completion of the inspection, sign the inspection report and present the inspection report to the master of the vessel for signature and comment, and to any witness who may wish to submit a statement; (iv) immediately notify their competent authority and transmit to it the information and images within 24 hours, or at the earliest opportunity; and (v) provide a copy of the report to the master of the vessel, duly noting in the appropriate section of the inspection report any refusal by the master of the vessel to acknowledge receipt.

3. The inspecting Member State shall: ▼M1 (a) send to EFCA the at sea inspection report, if possible within 20 days of the inspection, which shall submit it to the NAFO Executive Secretary; ▼B (b) comply with the procedure referred to in Article 34(2), after the inspectors issue a notice of an infringement.

4. Each Member State shall ensure that inspection and surveillance reports prepared by NAFO inspectors have equivalent evidentiary status for establishing facts to inspection and surveillance reports of its own inspectors.

5. Member States shall cooperate to facilitate judicial or other proceedings initiated as follow-up to a report submitted by a NAFO inspector in accordance with the Scheme.

Article 34

Procedures relating to infringements

1. Each inspecting Member State shall ensure that its inspectors upon detecting an infringement of this Regulation: (a) record the infringement in the inspection report; (b) enter and sign a notation in the fishing logbook or other relevant document of the inspected vessel indicating the date, geographical coordinates, and nature of the infringement, make a copy of any relevant entry and request that the master of the vessel sign each page to verify that it is a true copy of the original; (c) record images of any gear, catch, or other evidence the inspector deems necessary relating to the infringement; (d) affix securely the inspection seal depicted in NAFO Inspection Seal provided in Annex IV.F to the CEM referred to in point 42 of the Annex to this Regulation, as appropriate, and duly note the action taken and the serial number of each seal in the inspection report; (e) request the master of the vessel: (i) in order to secure the continuity of evidence, to sign the appropriate section of the inspection report acknowledging the placement of seals; and (ii) to give a written statement in the appropriate section of the inspection report; (f) request that the master of the vessel remove any part of the fishing gear which appears to be unauthorised under this Regulation; and ▼M1 (g) notify any observer on board of the infringement. ▼B

2. The inspecting Member State shall: ▼M1 (a) within 24 hours from detection of the infringement, transmit to the Commission and EFCA, which shall in turn transmit to the competent authority of the flag State Contracting Party or Member State if different from the inspecting Member State, and the NAFO Executive Secretary, written notification of the infringement reported by its inspectors. The written notification shall include the information entered in the Infringement section of the inspection report in Annex IV.B to the CEM referred to in point 41 of the Annex to this Regulation, cite the relevant measures and describe in detail the basis for issuing the notice of infringement, and the evidence in support of the notice, and where possible, be accompanied by images of any gear, catch or other evidence relating to the infringement referred to in paragraph 1 of this Article; ▼B (b) within five days of the inspection vessel's return to port, transmit the inspection report to the Commission and EFCA;

▼M1

EFCA shall submit the inspection report to the NAFO Executive Secretary.

▼B

3. The follow-up to infringements by the flag Member State shall be conducted in accordance with the provisions of Article 36.

Article 35

Additional procedures for serious infringements

1. Each of the following violations constitutes a serious infringement, within the meaning of Article 90 of Regulation (EC) No 1224/2009: ▼M1 (a) fishing the ‘Others’ quota without prior notification to the Commission and EFCA in contravention of Article 5; ▼B (b) fishing an ‘Others’ quota more than five working days following closure of the fishery in contravention of Article 5; (c) directed fishing for a stock which is subject to a moratorium, or for which fishing is otherwise prohibited, in contravention of Article 6; (d) directed fishing for stocks or species after the date of closure of the fishery by the flag Member State notified to the Commission, in contravention of Article 6; ▼M1 (e) fishing in closed area, in contravention of Article 9(5) or Article 18; ▼B (f) fishing with a bottom fishing gear in an area closed to bottom fishing activities, in contravention of Chapter III; ▼M1 (g) using an unauthorised mesh size or grid size in contravention of Article 13 or Article 14; ▼B (h) fishing without a valid authorisation; (i) mis-recording of catches in contravention of Article 25; (j) failing to carry or interfering with the operation of the satellite monitoring system in contravention of Article 26; ▼M1 (k) failure to communicate messages relating to catch in contravention of Article 12(1) or Article 25; ▼B (l) obstructing, intimidating, interfering with or otherwise preventing inspectors or observers from performing their duties, or exerting any other form of indirect pressure; (m) committing an infringement where there is no observer on board; (n) concealing, tampering with or disposing of evidence relating to an investigation, including the breaking or tampering of seals or gaining access to sealed areas; (o) presentation of falsified documents or providing false information to an inspector that would prevent a serious infringement from being detected; (p) landing, transhipment or making use of other port services: (i) in a port not designated in accordance with the provisions of Article 39(1); or (ii) without authorisation of the port State referred to in Article 39(6); (q) failure to comply with the provisions of Article 41(1); (r) failure to carry an observer, if this is required.

2. Where citing a vessel for having committed a serious infringement, the inspector shall: (a) take all measures necessary to ensure security and continuity of evidence, including, as appropriate, sealing the vessel's hold and/or fishing gear for further inspection; (b) request that the master of the vessel cease all fishing activity that appears to constitute a serious infringement; and (c) immediately notify the inspector's competent authority, and transmit to it the information, and where possible images, within 24 hours. The competent authority receiving this information shall notify the flag State Contracting Party or Member State if different from the inspecting Member State in accordance with Article 34.

3. In the case of a serious infringement concerning a vessel flying its flag, the flag Member States shall: (a) acknowledge receipt of the related information and images without delay; (b) ensure the inspected vessel does not resume fishing until further notification; (c) using all information and material available, review the case and, within 72 hours require the vessel to proceed immediately to a port for a full inspection under its authority, if any of the following serious infringements are apparent: (i) directed fishing for a stock which is subject to a moratorium; (ii) directed fishing for a stock for which fishing is prohibited under Article 6; (iii) mis-recording of catch, in contravention of Article 25; or (iv) repetition of the same serious infringement during a 6-month period.

4. Where the serious infringement is misrecording of catch, the full inspection shall ensure the physical inspection and enumeration of total catch on board, by species and Division.

▼M1

5. For the purposes of paragraphs 3 and 4, ‘misrecording of catches’ means a difference of at least 10 tonnes or 20 %, whichever is greater, between the inspectors’ estimates of processed catch on board, by species or in total, and the figures recorded in the production logbook, calculated as a percentage of the production logbook figures.

6. Subject to the consent of the flag Member State and of the port State Contracting Party if different, inspectors of another Contracting Party or Member State may participate in the full inspection and enumeration of the catch.

▼B

7. If point (c) of paragraph 3 does not apply, the flag Member State shall either: (a) allow the vessel to resume fishing. In such a case, the flag Member State shall not later than two days following the notice of infringement provide written justification to the Commission on why the vessel has not been ordered to port. The commission shall transmit that justification to the NAFO Executive Secretary; or (b) require the vessel to proceed immediately to a port for a full physical inspection, under its authority.

8. Where the flag Member State orders the inspected vessel to port, the inspectors may board or remain on board the vessel as it proceeds to port, provided that the flag Member State does not require the inspectors to leave the vessel.

Article 36

Follow-up to infringements

1. In the case of an infringement by a vessel flying its flag, the Member State shall: (a) investigate fully, including, if necessary, by physically inspecting the fishing vessel at the earliest opportunity; (b) cooperate with the inspecting NAFO Contracting Party or inspecting Member State if different from the flag Member State to preserve the evidence and the chain of custody in a form that will facilitate proceedings in accordance with its laws; (c) take immediate judicial or administrative action in conformity with its national legislation against the persons responsible for the vessel; and (d) ensure that sanctions applicable in respect of infringements are adequate in severity to be effective in securing compliance, deterring further infringements or their repetition and depriving the offenders of the benefits accruing from the infringement.

2. The judicial or administrative action and sanctions referred to in points (c) and (d) of paragraph 1 may include, but shall not be limited to, the following, depending on the gravity of the offence and in accordance with domestic law: (a) fines; (b) seizure of the vessel, illegal fishing gear and catches; (c) suspension or withdrawal of authorisation to conduct fishing activities; and (d) reduction or cancellation of any fishing allocations.

3. Each flag Member State shall ensure that it treats all notices of infringement as if the infringement was reported by its own inspectors.

4. The flag Member State and the port Member State shall immediately notify the Commission: (a) the judicial or administrative action and sanctions referred to in points (c) and (d) of paragraph 1; (b) as soon as practicable but no later than four months following the occurrence of a serious infringement, a report setting out the progress of the investigation, including details of any action it has taken or has initiated in relation to the infringement; and (c) upon completion of its investigation, a report on the final outcome.

Article 37

Member State reports on inspection, surveillance and infringements

1. Each Member State shall by 1 February each year report to the Commission and to EFCA, in accordance with the Scheme, the following information: (a) the number of inspections of fishing vessels flying its flag and fishing vessels flying the flag of another NAFO Contracting Party it carried out in the previous calendar year; (b) the name of every fishing vessel in relation to which its inspectors have issued a notice of infringement, including the date and position of the inspection and the nature of the infringement; (c) the number of hours flown by its surveillance aircraft on patrol, the number of sightings made by such aircraft, the number of surveillance reports it has transmitted and, for each such report, the date, time and position of the sightings; (d) the action it has taken during the previous year, including a description of the specific terms of any judicial or administrative actions or sanctions imposed (for example the amount of fines, value of forfeited fish and/or gear, written warnings given), concerning: (i) every infringement cited by an inspector relating to vessels flying its flag; and (ii) each surveillance report it has received.

By 1 March each year, the Commission shall transmit the information referred to in the first subparagraph to the NAFO Executive Secretary.

2. The reports referred to in point (d) of the first subparagraph of paragraph 1 shall indicate the current status of the case. The Member State shall continue to list such infringement in each subsequent report until it reports the final outcome of the infringement.

3. A Member State shall provide a sufficiently detailed explanation regarding every infringement for which it has taken no action or where no penalties were imposed.







CHAPTER VIII

PORT STATE CONTROL OF VESSELS FLYING THE FLAG OF ANOTHER CONTRACTING PARTY

Article 38

Scope

This Chapter applies to landing, transhipments, or use of por