1988R1956 — EN — 02.03.1992 — 001.001 — 1
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
►B COUNCIL REGULATION (EEC)No 1956/88
of 9 June 1988
adopting provisions for the application of the scheme of joint international inspection adopted by
the Northwest Atlantic Fisheries Organization
(OJ L 175, 6.7.1988, p. 1)
Amended by:
Official Journal
No page date
►M1Council Regulation (EEC) No 436/92 of 10 February 1992 L 54 1 28.2.1992
Corrected by:
►C1Corrigendum, OJ L 117, 1.5.1992, p. 104 (436/92)
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▼B
COUNCIL REGULATION (EEC)No 1956/88
of 9 June 1988
adopting provisions for the application of the scheme of joint inter-
national inspection adopted by the Northwest Atlantic Fisheries
Organization
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Havingreg ard to the Treaty establishingthe European EconomicCommunity,
Having regard to Council Regulation (EEC) No 170/83 of 25 January
1983 establishinga Community system for the conservation andmanagement of fishery resources(
1), and in particular Article 11
thereof,
Havingreg ard to the proposal from the Commission,Whereas the Convention on Future Multilateral Cooperation in the
Northwest Atlantic Fisheries, hereinafter referred to as the NAFOConvention, was approved by the Council by Regulation (EEC) No3179/78 (
2) and entered into force on 1 January 1979;
Whereas the Northwest Atlantic Fisheries Organization (NAFO) estab-
lished by the NAFO Convention adopted a scheme of joint internationalenforcement which included provision for reciprocal rights of boardingand inspection by the contractingparties and for FlagState prosecutionsand sanctions; whereas certain weaknesses in the application of thisscheme became apparent; whereas the Community consequently gavenotice on 26 June 1986 of its intention not to be bound by the schemeof joint international enforcement from 12 months thence; whereas,pendingthe adoption of a revised NAFO scheme, the Council adoptedby Regulation (EEC) No 3251/87 (
3) an interim autonomous scheme of
control in respect of Community vessels operatingin the Reg ulatoryArea;
Whereas the NAFO Fisheries Commission adopted on 10 February
1988 a proposal for a modified scheme, now to be entitled ‘scheme ofjoint international inspection'; whereas, pursuant to Article XI of theNAFO Convention, the proposal will, in the absence of objectionsbecome a measure bindingupon contractingparties with effect from 10June 1988; whereas the modified scheme is acceptable to theCommunity;
Whereas it is appropriate to extend the inspection of Community vessels
in the Regulatory Area to cover their compliance with other relevantCommunity measures for the control and conservation of fisheriesresources;
Whereas in the interests of monitoringthe fishingactivities of
Community vessels in the Regulatory Area it is necessary that theMember States cooperate with each other and with the Commission inthe application of the modified scheme and other relevant Communitymeasures;
Whereas the modified scheme applies without prejudice to the obliga-
tion of the Member States under Article 1 of Council Regulation (EEC)No 2241/87 of 23 July 1987 establishingcertain control measures forfishingactivities(
4) to inspect and control Community vessels which
have been engaged in fishing and related activities in the RegulatoryArea;
(1) OJ No L 24, 27. 1. 1983, p. 1.
(2) OJ No L 378, 30. 12. 1978, p. 1.
(3) OJ No L 314, 4. 11. 1987, p. 1.
(4) OJ No L 207, 29. 7. 1987, p. 1.
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▼B
Whereas provision should be made for adoptingdetailed rules forimplementingthe modified scheme and this Reg ulation,
HAS ADOPTED THIS REGULATION:
▼M1
Article 1
The scheme of joint international inspection and surveillance, adopted
by the NAFO Fisheries Commission on 13 September 1991, hereinafterreferred to as ‘the scheme', shall apply in the Community.
The text of the scheme is attached to this Regulation.
▼
B
Article 2
▼M1
1. The Commission of the European Communities shall assignCommunity inspectors to the scheme. The inspectors may be appointedby the Commission or by a Member State. A Community inspector maybe placed on board any Member State vessel or aircraft engaged orabout to be engaged in inspection or surveillance duties in the NAFOregulatory area.
▼
B
2. In addition to their functions under the scheme, Communityinspectors shall inspect in the Regulatory Area Community vessels towhich the scheme applies for compliance with any other Communityconservation or control measure applyingto those vessels.
Article 3
Member States shall cooperate with each other and with the Commis-
sion in the application of the scheme.
Article 4
Detailed rules for the implementation of this Regulation shall, if neces-
sary, be adopted in accordance with the procedure laid down in Article14 of Regulation (EEC) No 170/83.
Article 5
Regulation (EEC) No 3251/87 is hereby revoked.
Article 6
This Regulation shall enter into force on the third day following its
publication in the Official Journal of the European Communities .
It shall apply from 9 June 1988.
This Regulation shall be binding in its entirety and directly applicable in
all Member States.
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SCHEME OF JOINT INTERNATIONAL INSPECTION AND SURVEIL-
LANCE
1. (i) Control and surveillance shall be carried out by inspectors of the
fishery control services of the ContractingParties followingtheirassignment to the scheme of joint international inspection and surveil-lance, hereinafter referred to as ‘the scheme'.
(ii) The appropriate authorities of the ContractingParties shall notify the
Executive Secretary by 1 November each year of the names of theinspectors and special inspection vessels (which term includes fishingvessels carryinginspectors) and the type and call sig n of the helicop-ters or other aircraft which they are assigning to the scheme inaccordance with paragraph 13 of the scheme.
Modification by ContractingParties to such notifications shall be
communicated to the Executive Secretary with two months noticewhenever possible.
(iii) Followingnotification to the Executive Secretary, and in the case of
mutual agreement between the respective Contracting Parties, inspec-tors assigned by one Party may be placed on board the special inspec-tion vessels or aircraft of another Party assigned to the scheme.
(iv) On receipt of the notification of assignment to the scheme from the
ContractingParty, the Executive Secretary shall issue a document ofidentity, as shown in Annex I, to the respective authority for eachinspector of that Party. This document shall be numered. Eachinspector shall carry and produce this document of identity uponboardinga vessel.
(v) Special inspection vessels and aircraft shall immediately notify the
Executive Secretary by radio/telex, facsimile or other communicationof the date and time of commencingtheir duties under the scheme. Allinspectors on board shall be assumed to the NAFO inspetors.
(vi) Between the times of commencingand terminatingtheir duties under
the scheme inspectors and special inspection vessels and aircraft maynot, with respect to vessels and aircraft under the jurisdiction of otherContractingParties, enforce laws and reg ulations related to the zone ofthe ContractingParty which has assig ned them.
(vii) Special inspection vessels and aircraft shall immediately notify the
Executive Secretary by radio/telex of the date and time of terminatingtheir duties under the scheme.
(viii) In each case, the times referred to in subparagraph (vi) above shall be
entered in the aircraft’s or ship’s logor its equivalent. The times statedin these entries, shall constitute the times applicable to subparagraph(vi) above. In cases where communication of the notifications is notpossible or practicable, these entries shall constitute fulfillment of theobligations under subparagraphs (v) and (vii).
(ix) The Executive Secretary shall circulate the substance of the notifica-
tions received from any ContractingParty for the purposes of thescheme, to all members of the Fisheries Commission, hereinafterreferred to as ‘the Commission' within 15 days of receipt.
2. (i) In its inspections a ContractingParty shall aim at ensuringequal treat-
ment between all ContractingParties with vessels operatingin theregulatory area through an equitable distribution of inspections.
(ii) To ensure objectivity in the realization and distribution of inspections
between the ContractingParties, the number of inspections carried outby the vessels of a ContractingParty on vessels of any other ContractingParty shall, as far as possible, reflect the ratio of the inspected Party’sfishingactivity to the total fishingactivity in the reg ulatory area, meas-ured on the basis of, inter alia, the level of catches and days on ground.
3. Appropriate authorities of ContractingParties shall notify the Executive
Secretary of the names of the authorities designated to receive immediatenotice of apparent infringements and the means by which they may receiveand respond to communications.
Where, at any time, more than 15 vessels of any one ContractingParty are
eng ag ed in fishingoperations or in the processingor transferringof fish inthe reg ulatory aera, that ContractingParty shall, duringthat time, have aninspector or other designated authority present in the regulatory area, orother designated authority present in a country of a Contracting Party adja-cent to the convention area, to receive and respond, without delay, to noticeof apparent infringements.
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4. (i) Any vessel or helicopter assigned to the scheme and carrying an
inspector shall display the followingsig nals to indicate that the inspectoris carryingout inspections under the scheme:
(a) duringdaylig ht hours, in conditions of normal visibility two inspec-
tion pennants as shown in Annex II, flown in a vertical line oneabove the other with distance between the two not exceedingonemetre;
(b) the boardingcraft shall display one inspection pennant which is
identical as shown in Annex II but which may be half-scale.
ii) Surveillance aircraft assigned to the scheme shall have their international
radio call sign clearly displayed.
5. (i) Inspection and control under the scheme applies in the regulatory area
to the followingvessels:
(a) fishing vessels which are or have been engaged in fishing opera-
tions in the regulatory area;
(b) vessels, equipped for processingfish on board, which are or have
been engaged in fish transferring operations in the regulatory area;and,
(c) transport vessels which are actually engaged in fish transferring
operations.
(ii) The master of vessel to which the scheme applies shall facilitate
boarding when given the appropriate signal in the Internationale Codeof Signals by a vessel or helicopter carrying an inspector. The vessel tobe boarded shall not be required to stop or manoeuvre when fishing,shooting, or hauling. The master shall nonetheless provide:
(a) for vessels longer than 30 metres overall, a boarding ladder
constructed and used as described in Annex III;
(b) such assistance to boardings from helicopters as specified or as
qualified in Annex IV.
In either case, the master shall observe the ordinary practice of good
seamanship to enable an inspection party to board as soon as practicable.
(iii) The procedures established for personnel helicopter hoist transfers shall
not place a higher duty of care upon the master of a fishing vessel thanthat required by international law.
(iv) An inspection party shall consist of, at maximum, two inspectors
assigned to the scheme. The use of arms in relation to the inspections isprohibited and, in particular, the inspectors shall not carry arms.Notwithstandingthe provisions of this section, the principle of notcarryingor usingarms shall not be deemed to limit the performance ofinspections by a ContractingParty of vessels flyingits own flag .
(v) The vessel in charge of a pair of trawling operations shall be required
to identify itself by flyinga pennant or flagon the approach of aninspector.
6. (i) Inspections shall be made so that the vessel, its activities and catch
suffer the minimum interference and inconvenience. The duration of aninspection shall not exceed three hours, or until the net is hauled in andthe net and catch are inspected, whichever is longer, but this timelimitation shall not apply in the case of an apparent infringement.
In the case of a difference between the recorded catches and the
estimates of the inspector of the catch on board the vessel, the inspectormay re-check calculations, procedures, the relevant documentation usedto determine the catch summaries from the regulatory area and thecatch on board the vessel; the inspector shall then leave the vesselwithin one hour followingthe completion of the orig inal inspection.
An inspector shall limit his inquiries to the ascertainment of the facts in
relation to the observance of those Commission measures to which theContractingParty for the inspected vessel has not objected in accord-ance with Article XII of the Convention. The inspection shall be carriedout usingthe report of inspection prescribed in Annex V.
As regards Section 15 of Annex V, notwithstanding any objection to
quotas made pursuant to Article XII of the Convention, inspectors shallsummarize from log-book records, for the current voyage, the vessel’scatch in the regulatory area by species and by division and shall recordthis summary on the inspection form. The current voyage shall bedefined for this purpose as beginning when the vessel enters the regula-tory area, and endingwhen the vessel leaves the convention area(which includes the ports borderingthe convention area) for a periodgreater than 20 consecutive days. The current voyage shall not beconsidered to have ended as longas the vessel has catch on board fromthe regulatroy area.
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In the case of a language difficulty, the inspector or the master shall
use, in the appropriate language, the appropriate part of the question-naire shown in Annex VI.
ContractingParties may exercise, by letter to the Executive Secretary,
the option to have inspectors summarize from log-book records for thequota period, instead of the current voyage, their vessel’s catch in theregulatory area by species and by division and record this summary inSection 15 of the inspection form.
In makinghis examination, the inspector may ask the master for any
required assistance. The master shall facilitate the work of theinspector. The report of the inspection may be commented upon andshall be signed by all the persons that the form requires. A copy of thereport shall be given to the master of the vessel.
The ConstractingParty inspectinga vessel will communicate in writing
the details of an apparent infringement to the designated authorities ofthe ContractingParty for the inpected vessel within the workingdayfollowingthe inspection whenever possible.
The ContractingParties inspectingvessels will provide notification of a
list of vessels inspected on a calendar monthly basis to the designatedauthorities of the ContractingParties of the vessels inspected, via theoffice of the Executive Secretary. In the case of an apparent infringe-ment or a differences between recorded catches and the inspector’sestimates of the catches on board, a copy of the inspection report withsupportingdocumentation, includingsecond photog raphs taken, shall betransmitted as soon as possible to the responsible authorities of theContractingParty for the inspected vessel, after the inspection vesselreturns to port. In the case of other inspection reports, the original shallbe transmitted within 30 days whenever possible, to a designatedauthority of the ContractingParty for the inspected vessels. A copy ofevery inspection report shall also be forwarded to the Executive Secre-tary.
(ii) Notwithstandingany objection to quotas made pursuant to Article XII
of the Convention:
(a) inspectors shall have authority to inspect and measure all fishing
gear on or near the working deck and readily available for use andto inspect and record estimates of the catch on and below decks inso far as such inspection and measurement are necessary to estab-lish whether the vessel is complyingwith the Commission’s meas-ures;
(b) fishingg ear shall be inspected in accordance with the Commis-
sion’s measures;
(c) with regard to catches, correspondance between the log-book
entries for the regulatory area and estimates of catches by specieson board relatingthe these entries may be ascertained and differ-ences between recorded catches and the inspector’s estimate of thecatches on board with percentages shall be recorded under Section18 of the inspection report (Comments Section); and
(d) inspectors may also ascertain that records for the duration of the
quota period to the date of the inspection are aboard the vessel inaccordance with the NAFO Conservation and Enforcement Meas-ures Part I C (2) (b) (iii).
(iii) As inspector has the authority to examine catch, nets or other gear, and
any relevant documents which the inspector deems necessary to verifythe observance of the Commission’s measures.
Where an apparent infringement of the measures in observed:
— the inspector shall note the apparent infringement in the report, sign
the entry and obtain the countersignature of the master,
— the inspector shall enter and sign a notation in the fishing log-book
or other relevant document statingthe date, location, and type ofapparent infringement found. The inspector may make a copy ofany relevant entry in such a document, and shall require the masterof the vessel to certify in writingon each pag e of the copy that it isa true copy of such entry,
— the inspector shall have full opportunity to document the apparent
infringement with photographs of the relevant fishing vessel’s gearor catch, in which case a second photograph shall be given to themaster of the vessel and attached to the report sent to an appropriateauthority of the ContractingParty for the inspected vessel.
(iv) Where an inspector finds an apparent infringement of measures prohi-
biting:
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(a) fishingin a closed area or with g ear prohibited in a specific area;
(b) fishingfor stocks or species after the date on which the Contracting
Party for the inspected vessel has notified the Executive Secretarythat vessels of the party will cease a directed fishery for thosestocks or species;
and
(c) fishingon the ‘others'quota without prior notification to the Execu-
tive Secretary, or more than seven workingdays after theContractingParty for the inspected vessel has been notified by theExecutive Secretary that fishingunder an ‘others' quota for thatstock or species should ceases,
the inspector, to facilitate a ContractingParty action on the apparent
infringement, shall immediately attempt to communicate with aninspector of the ContractingParty for the inspected vessel, known to bein the vicinity, or the authority designated in accordance with paragraph3 above. The master of the inspected vessel shall provide the use of thevessel’s radio equipment and operator for messages to be sent out andreceived for this purpose.
At the request of the inspector, a master shall cease all fishingwhich
appears to the inspector to contravene the measures referred to in (a) to(c) above. Duringthis time, the inspector shall complete the inspectionand, if unable within a reasonable period of time to communicate withan inspector or designated authority of the Contracting Party for theinspected vessel, he shall leave the inspected vessel and communicate assoon as possible with one of them. However, if he succeeds in estab-lishingcommunications while on board the inspected vessel, andprovided that the inspector or designated authority of the ContractingParty for the inspected vessel agrees, the inspector may remain aboard.As longas the inspector remains aboard, the master may not resumefishinguntil the inspector is reasonably satisfied, as a result of either theaction taken by the vessel’s master or the inspector’s communicationwith an inspector or designated authority of the Contracting Party for theinspected vessel, that the apparent infringement will not be repeated.
(v) The inspector in charge may request that the master remove any part of
the fishingg ear which appears to the inspector to contravene theCommission’s measures. An identification mark shall be affixedsecurely to any part of the fishingg ear which appears to the inspectorto have been in contravention, and the inspector shall record the fact onhis report. The gear shall be preserved with the mark attached untilexamined by an inspector or designated authority of the ContractingParty for the inspected vessel who shall determine the subsequentdisposition of the gear.
(vi) An inspector may photograph the fishing gear in such a way that the
identification mark and measurements of the fishingg ear are visibleand subjects photographed should be listed in the report. A secondphotograph shall be given to the master of the vessel.
7. An appropriate authority of a ContractingParty notified of an apparent
infringement committed by a vessel of that Party shall take prompt action toreceive and consider the evidence of the apparent infringement, conduct anyfurther investigation necessary for disposition of the apparent infringementand, whenever possible, board the vessel involved. An appropriate authorityof the ContractingParty for the vessel concerned shall cooperate fully withthe appropriate authority of the ContractingParty that desig nated theinspector to ensure that the evidence of the apparent infringement is preparedand preserved in a form which facilitates judicial action.
The appropriate authority of a ContractingParty notified of differences
between the recorded catches and the estimates of the inspector, shall when-ever possible board the vessel involved and, in any event, cooperate with theNAFO inspectors to ensure that the evidence is prepared and preserved in aform which would facilitate any judicial action, and shall conduct anyfurther investigation necessary to allow it to determine appropriate follow-upaction.
8. An inspector observinga failure of a vessel to enable an inspection party to
board after beingproperly sig nalled shall:
(i) report the apparent infringement as soon as possible to any inspector of
the ContractingParty for the vessel concerned known to be in thevicinity or a designated authority of that Contracting Party;
and,
(ii) prepare and forward to the Executive Secretary a report giving as much
information as possible, includingthe nature of the sig nal, the distancefrom which the signal was given, the visibility at the time, sea state,wind and icingconditions.
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9. For the purpose of the scheme, ‘surveillance'shall be based on any sighting
made by an inspector from an inspection vessel or aircraft assigned to thescheme.
(i) When, as a result of surveillance an inspector observes a vessel of a
ContractingParty, and where such observation does not correspondwith the latest information available to the inspector as provided for by►
C1Section E.2 of Part III ◄of the Conservation and Enforcement
Measures, the inspector shall complete Part I of the surveillance reportform shown at Annex VII and shall photograph the vessel in support ofhis observations. Photographs taken should simultaneously record theposition, date and time as shown by the surveillance craft’s instrumen-tation.
(ii) Not less than 72 hours followingthe recordingof the observation in
Part I of the surveillance report and on the basis of notificationsreceived from the ContractingParty of the vessel concerned pursuant tothe hail system, the inspector shall complete Part II of the surveillancereport.
(iii) The original of each surveillance report completed in accordance with 9
(i) and (ii) and any photographs shall be forwarded as soon as possibleto the ContractingParty of the vessel concerned, or a desig natedauthority of that ContractingParty. A copy of every surveillance reportshall also be forwarded to the Executive Secretary.
(iv) An appropriate authority of a ContractingParty shall, on receipt of a
surveillance report concerninga vessel of that party, take prompt actionto receive and consider the report and, whenever possible, board thevessel concerned, and conduct any further investigation necessary toallow it to determine appropriate follow-up action.
10. Resistance to an inspector or failure to comply with his directions shall be
treated by the FlagState of the vessel as if the inspector were an inspector ofthat State.
11. Inspectors shall carry out their duties in accordance with the rules set out in
the scheme, but they shall remain under the operational control of theauthorities of their ContractingParties and shall be responsible to them.
12. Appropriate authorities of a ContractingParty shall consider and act on
reports from inspectors of other ContractingParties under the scheme on thesame basis as reports from its own inspectors. The provisions of this para-graph shall not impose any obligation on the appropriate authorities of aContracting Party to give the report from a foreign inspector a higherevidentiary value than it would possess in the inspector’s own country.Appropriate authorities of ContractingParties shall collaborate in order tofacilitate judicial or other proceedings arising from a report submitted by theinspector under the scheme.
13. Appropriate authorities of a ContractingParty shall inform the Executive
Secretary by 1 November each year of the provisional plans for participationby its inspectors, vessels and helicopters and other aircraft in the scheme forthe succeeding calendar year, and the Executive Secretary may make sugges-tions to the appropriate authorities of the ContractingParties for the coordi-nation of their operations in this field includingthe numer of inspectors andthe number of vessels, helicopters and other aircraft carryinginspectors.
14. Appropriate authorities of each ContractingParty shall report to the Execu-
tive Secretary by 1 March each year for the previous calendar year:
(i) the number of inspections conducted by it under the scheme specifying
the number of inspections on the vessels of each ContractingParty and,in the case of apparent infringement, the date and position of theinspection of the named vessel and the nature of the apparent infringe-ment;
(ii) the disposition of apparent infringements notified to it by a Contracting
Party. The apparent infringements shall be listed annually until theaction is concluded under the laws of the FlagState, and any penaltiesimposed shall be described in specific terms;
(iii) differences that they consider significant between records of catches in
their ContractingParty’s vessels’ log -books and inspectors’ estimates ofcatches on board the vessels. The cases so identified as significant shallbe listed annually until NAFO is informed of the actions taken inresponse, includingany penalties imposed under the law of the FlagState. These penalties shall be described in specific terms;
(iv) the number of air hours flown on NAFO patrol, the number of sightings
and the number of surveillance reports established with the date, timeand position of the sightings in respect of these surveillance reports;
(v) the disposition of surveillance reports notified to it by a Contracting
Party. The surveillance reports shall be listed annually until follow-upaction is concluded by the appropriate authorities. In cases where the
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follow-up action results in penal action any penalties imposed shall be
described in specific terms.
15. (i) In the event of a disagreement concerning the interpretation or applica-
tion of the scheme, the concerned ContractingParties shall consult inan attempt to resolve the disagreement.
(ii) If the disagreement remains unresolved following the consultations, at
the request of a ContractingParty the Executive Secretary shall referthe disag reement to a special meetingof the StandingCommittee onInternational Control (Stactic).
A report on the disagreement shall be drawn up by Stactic and provided
to the Fisheries Commission within two months of the Stactic meeting.
(iii) On receipt of the Stactic report, a ContractingParty may within a
further period of two months request a special meetingof the FisheriesCommission to consider the report and to take appropriate action.
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ANNEX I
INSPECTOR’S DOCUMENT OF IDENTITY
(not smaller than 8,5 cm × 5,5 cm)

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ANNEX II
INSPECTION PENNANTS

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ANNEX III
CONSTRUCTION AND USE OF BOARDING LADDERS
1. The boardingladders shall be efficient for the purpose of enablinginspectors
to embark and disembark at sea safely. The boardingladders are to be keptclean and in good order.
2. The ladder shall be secured in a position so that it is clear of any possible
discharge from the ship, that each step rests firmly against the ship’s side,that it is clear so far as practicable of the finer lines of the ship and that theinspector can gain safe and convenient access to the ship.
3. The steps of the boardingladder shall be:
(a) of hardwood or other material of equivalent properties, made in one
piece free of knots, havingan efficient non-slip surface; the four loweststeps may be made of rubber of sufficient strength and stiffness or ofother suitable material of equivalent characteristics;
(b) not less than 480 mm long, 115 mm wide, and 25 mm in depth,
excludingany non-slip device; and
(c) equally spaced not less than 380 mm not more than 380 mm apart and
may be secured in a manner that they will remain horizontal.
4. No boardingladder shall have more than two replacement steps which are
secured in position by a method different from that used in the originalconstruction of the ladder and any steps so secured shall be replaced, as soonas reasonably practicable, by steps secured in position by the method used inthe original construction of the ladder.
5. The side ropes of the ladder shall consist of two uncovered manila or
equivalent ropes not less than 60 mm in circumference on each side; eachrope shall be continuous with no joints below the top step; two man ropesproperly secured to the ship and not less than 65 mm in circumference and asafety line shall be kept at hand, ready for use if required.
6. Battens made of hardwood, or other material of equivalent properties, in one
piece and not less than 1,80 metres long, shall be provided at such intervalsas will prevent the boardingladder from twisting . The lowest batten shall beon the fifth step from the bottom of the ladder and the interval between anybatten and the next shall not exceed nine steps.
7. Means shall be provided to ensure safe and convenient passage onto or into
and off the ship between the head of the pilot ladder or of any accomodationladder or other applicance provided. Where such passage is by means of agateway in the rails or bulwark, adequate handholds shall be provided.Where such passage is by means of a bulwark ladder, such ladder shall besecurely attached to the bulwark rail or platform and two handhold stan-chions shall be fitted at the point of boardingor leavingthe ship not lessthan 0,70 metre nor more than 0,80 metre apart. Each stanchion shall berigidly secured to the ship’s structure at or near its base and also at a higherpoint, shall be not less than 40 mm in diameter and shall extend not less than1,20 metres above the stop of the bulwark.
8. Lighting shall be provided at night such that both the boarding ladder
overside and also the position where the inspector boards the ship shall beadequately lit. A lifebuoy equipped with a self-igniting light shall be kept athand, ready for use. A heavingline shall be kept at hand, ready for use ifrequired.
9. Means shall be provided to enable the boardingladder to be used on either
side of the ship.
10. The rigging of the ladder and the embarkation and disembarkation of an
inspector shall be supervised by a responsible officer of the ship.
11. Where on any ship constructional features such as rubbingbands would
prevent the implementation of any of these provisions, special arrangementsshall be made to the satisfaction of the Commission to ensure that personsare able to embark and disembark safely.
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ANNEX IV
HELICOPTER HOIST PROCEDURE
1. The captain of the helicopter shall be in charge of and shall ensure the safety
of personnel who are beingtransferred between a vessel and the helicopterduringthe entire time such personnel are attached to the helicopter via thehoist cable and the liftingdevice.
2. The master of the vessel shall follow the procedures described below to assist
the helicopter:
(i) attempt to communicate by radio in a common language;
(ii) alter course and speed if requested and if free to do so;
(iii) maintain a steady course and speed throughout the transfer operation
unless the safety of the vessel is in jeopardy;
(iv) provide a visual indication of relative wind by means of a pennant or
other suitable device;
(v) clear the transfer area of objects which could be blown loose;
(vi) shall not make radio transmission on standingwire antennae (hig h
frequency) in the immediate vicinity of the transfer area duringthetransfer. If such transmissions become necessary, the helicopter shall beadvised in order that the transfer could be delayed; if a guide line islowered first, crew members should be available to man this line toassist in the transfer of the inspection party. Other lines and wiresshould not be touched by the crew of the vessel until the inspectionparty has grounded those lines and wires on the vessel;
(vii) take appropriate measures to ensure to the extent practicable that none
of the lines or fittings lowered from the helicopter are attached to orpermitted to foul in the vessel.
3. The helicopter displayingits inspection pennant shall communicate to the
vessel the intention to conduct a boarding:
(i) by radio communications on 2 182 kHz, VHF-FM channel 16 or other
agreed frequencies;
(ii) by visual or aural indication of an appropriate signal extracted from the
International Code of Signals as shown in paragraph 7;
(iii) by hoveringover or near the intended boardingposition in conjunction
with hand signals, adopted from the International Code of Signals, asindicated in paragraph 4.
4. (i)Signal:Pointingmovement by arm or hand
Used by: Meaning:
Helicopter Wish to conduct transfer or boardingin the indicated location
(ii)Signal:Vertical motion with arm or flag, or ‘Thumbs-up' indication
Used by: Situation: Meaning:
Either Before transfer Ready to conduct transfer;
Vessel Before transfer Desire transfer from this position;Helicopter After droppingthe g uide
lineTake up the slack on the guide line;
After takingup the slack
on the guide linePull in gently on the guide line;
Either At any time Affirmative response.
(iii)Signal:Horizontal motion with arm or flag, or ‘Thumbs-down'indication
Used by: Situation: Meaning:
Vessel Before transfer Transfer not recommended from this
position — recommend alternative (andpoint towards desired position);
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IMO signal IMO meaning RemarksEither Before transfer Not ready to conduct transfer;
Vessel Duringtransfer Request you stop the transfer;Helicopter After droppingthe g uide
lineEase the tension on the guide line;
After easingthe tension on
the guide lineRelease the guide line;
Either At any time Negative response.
5. A visual display of the symbol YU by the helicopter or the radio transmission
of YANKEE UNIFORM to the fishingvessel indicates the sig nals in para-
graph 7 are to be used for inspection communications.
6. The followingsituations are representative of conditions under which a
personnel helicopter hoist transfer shall NOT be attempted:
(i) in the opinion of the captain of the helicopter or the master of the vessel,
there is inadequate clear space for a transfer or there are too manyobstructions;
(ii) there is significant vessel motion such that, in the opinion of the captain
of the helicopter or the master of the vessel, a hazard exists;
(iii) the helicopter cannot position itself with an acceptable relative wind; and
(iv) other hazards exist which prejudice the safety of the helicopter or the
vessel or of personnel beingtransferred.
7.
SQ 3 You should stop, or heave to, I am going
to board youThe display of the inspection pennant
indicates the presence of an authorizedinspection team in the helicopter
MG You should steer course … Course is true
IK-RQ Request you proceed at … knotsAZ I cannot alight but I can lift crew Indication of intentions to conduct heli-
copter hoist transfer (used with BB
signal)
BB1-RQ May I alight on your deck; are you ready
to receive me forward?
BB2-RQ May I alight on your deck; are you ready
to receive me amidships?Used in conjunction with signal AZ toindicate helicopter will not alight butwill conduct a hoist transfer in the area
BB3-RQ May I alight on your deck; are you ready
to receive me aft?indicated
K I wish to communicate with you by …
(extracts from IMO Table 1)
6 … International Code Flags8 … radiotelephony 2 182 kHz9 … VHF radiotelephony channel 16
YX I wish to communicate by radiotelephony
on frequency indicated
C Yes (affirmative)
N No (negative) November Oscar by voice or radio
transmission
YU I am going to communicate with your
station by means of the International Code
of Signals
BT Helicopter is comingto you now (or at
time indicated)
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ANNEX V
FISHERIES COMMISSION OF THE NORTHWEST ATLANTIC FISHERIES ORGANIZATION
REPORT OF INSPECTION
(Inspector: Please use CAPITAL BLOCK LETTERS)

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ANNEX VI
INSPECTION QUESTIONNAIRE
1. I am an inspector under the scheme. Here is my document of identity. I
would like to inspect your nets / other fishingg ear / catch / documents.
2. I should like to see the master of this vessel.3. Please give me your name.4. Please cooperate with me in the examination of your catch / equipment /
documents in accordance with the Commission’s measures.
5. Please check your position and time now.6. I am reportingyour position as … °latitude … °longitude at … UTC. Do
you agree?
7. Would you like to check your position with my instruments on board the
inspection vessel?
8. Do you now agree?9. Please show me the documents establishingthe nationality of your vessel /
the registration documents / the bridge log-book / the fishing log-book(s).
10. Please write down the name and address of the owners of this vessel in the
space I am indicatingon the report form.
11. What principal species are you fishingfor?12. Are you fishingfor reduction purposes?13. I agree.14. Yes.15. I do not agree.16. No.17. Please take me to the bridg e / the workingdeck / the processingarea / the
fish holds.
18. Do you use any net attachment? If so, what type? Please write it down in the
space I am indicating.
19. Please switch on these lights.20. I wish to examine that net / chafingg ear.21. Show me the other fishingg ear you have on or near the fishingdeck.22. Show me your net gauge, if any.23. Ask your men to hold that net so that I can measure it.24. Please put that net underwater for 10 minutes.25. I have inspected … meshes in this net.26. Check that I have recorded accurately on the report form in the space I am
indicatingthe width of the meshes I have measured.
27. I wish to inspect your catch. Have you finished sortingthe fish?28. Will you please lay out those fish?29. I wish to estimate the proportion of regulated species in your catch.30. Please turn to the copy of the inspection form in your language and supply
me with the necessary information to complete it. I will indicate whichsections.
31. If you do not give your cooperation as I have requested, I will report your
refusal to your contractingparty.
32. I have found the average width of the meshes I have measured in that net is
… mm. This appears to be below the minimum applicable mesh size, andwill be reported to your contractingparty.
33. I have found net attachments / other fishing gear which appear to be illegal.
This will be reported to your contractingparty.
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34. I shall now affix the identification mark to this piece of fishingg ear which is
to be preserved with the mark attached until viewed by a fisheries inspectorof your contractingparty at his demand.
35. I have found … undersized fish. I shall report this to your contractingparty.36. I find that you are apparently fishingin this area duringa closed season /
with gear not permitted / for stocks or species not permitted. This will bereported to your contractingparty.
37. I have found a by-catch of regulated species which appears to be above the
permitted amounts. I shall report this to your contractingparty.
38. I have made copies of the followingentry / entries in this document. Please
sign them to certify that they are true copies.
39. I would like to communicate with the designated authority of your
contracting party. Please arrange for this message to be sent and for anyanswer to be received.
40. Do you wish to make any observations concerningthis inspection including
its conduct and that of the inspector(s)? If so, please do so in the space I amindicatingon the report form on which I have set out my finding s. Pleasesign the observations. Do you have any witnesses who wish to make obser-vations? If so, they may do so in the space I am indicatingon the reportform.
41. I am leaving. Thank you.
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ANNEX VII
SURVEILLANCE REPORT
1. The forms for the surveillance report shall be collated in a booklet with each
page having an original and two self-carbon copies (preferably coloured andpreferably one golden rod and one blue).
2. Page packets are to be perforated at the top and bottom of the page for easy
removal.
3. Booklets should be bound preferably with 50 copies of the surveillance report.4. The size of every page, after removal from the packet, should be 355,5 mm
(14/primedbl1) in length by 216 mm (8 /primedbl1) in width.

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