Brussels, 23.10.2006

COM(2006) 609 final

2006/0200 (CNS)

Proposal for a

COUNCIL REGULATION

laying down conservation and enforcement measures applicable in the Regulatory Area of the Northwest Atlantic Fisheries Organisation

(presented by the Commission)

EXPLANATORY MEMORANDUM

CONTEXT OF THE PROPOSAL |

110 | Grounds for and objectives of the proposal This proposal seeks to update the Community rules transposing conservation and Enforcement Measures adopted by Northwest Atlantic Fisheries Organisation (NAFO). |

120 | General context The Northwest Fisheries Organisation (NAFO) seeks to ensure the conservation and rational management of the fishery resources in the Area defined by the NAFO Convention. Pursuant to Council Regulation 3179/78 of 28 December 1978 the Community has been a Contracting Party to the NAFO since 1 January 1979. The NAFO Convention provides a framework for regional co-operation on the rational conservation and management of fishery resources in the Area defined by the Convention and the adoption of conservation and enforcement measures which become binding on the Contracting Parties. NAFO has on this basis adopted a range of monitoring, control and technical measures aiming to ensure respect for conservation and management measures adopted by NAFO. Those measures include inter alia an obligation for Contracting Parties to inspect all vessels in fact, an obligation for all vessels to carry on impartial observers and a satellite monitoring device as well as a joint scheme for inspection at sea. Most of those provisions have been transposed into Community law. At its Annual Meeting in 2000, NAFO agreed that the existing conservation and enforcement measures needed to be reformed and simplified in view of recent developments in international law and to be consolidated in a more systematic manner. At its 25th Annual Meeting on 15-19 September 2003, NAFO adopted the overhauled conservation and Enforcement measures applicable to fishing vessels operating in Areas beyond the limits of the national jurisdiction of the Contracting Parties in the Convention Area Convention Area. These measures provide for control measures applicable to vessels flying the flag of the Contracting Parties and operating in the NAFO Area, and arrangement for inspection at sea and in ports, which include inspection and surveillance procedures and infringement procedure which must be implemented by the Contracting Parties. These measures entered into force in January 2004. These measures are binding on the Community and should therefore be implemented. With a view to effectively implement the renewed conservation and enforcement measures adopted by the NAFO and the updating of those already in force since the Regulations were adopted require the repeal of these Regulation and replaced by one Regulation bringing together and completing all provisions relating to fishing activities arising from the Community's obligations as a Contracting Party to the Convention. The proposed regulation calls on the Committee procedures provided for in Decision (EC) 1999/468 to ensure the implementation of the regulation and the amendment of its Articles. |

130 | Existing provisions in the area of the proposal Most of measures adopted by NAFO have been transposed into Community law by Council Regulation (EEC) n 1956/88 of 9 June 1998 adopting provisions for the application of the scheme of joint international inspection adopted by the Northwest Atlantic Fisheries Organisation, by Commission Regulation (EEC) n 2868/88 of 16 September 1988 laying down detailed rules for the application of the scheme of Joint International Inspection adopted by the Northwest Atlantic Fisheries Organisation, by Council Regulation (EEC) n 189/92 of 27 January 1992 adopting provisions for the application of certain control measures adopted by the Northwest Atlantic Fisheries Organisation, by Council Regulation (EC) n 3680/93 of 20 December 1993 laying down certain conservation and management measures for fishery resources in the Regulatory Area as defined in the Convention on Future Multilateral Cooperation in the Northwest Atlantic Fisheries, by Council Regulation (EC) n 3069/95 of 21 December 1995 establishing an European Community observer scheme applicable to Community fishing vessels operating in the Regulatory Area of the Northwest Atlantic Organization (NAFO) and by Council Regulation (EC) n 1262/2000 of 8 June 2000 laying down certain control measures in respect of vessels flying the flag of non-Contracting Parties to the Northwest Atlantic fisheries Organisation (NAFO). Certain measures adopted by NAFO have also been implemented into Community law via the yearly TAC and quota Regulation, most recently in Council Regulation (EC) n 51/2006 of 22 December 2005 fixing for 2006 the fishing opportunities and associated conditions for certain fish stocks and groups of fish stocks, applicable in Community waters and, for Community vessels, in waters where catch limitations are required consistency with other Union policies and objectives. |

140 | Consistency with other policies and objectives of the Union The proposal is in keeping with the general pattern of the sustainable exploitation of fisheries resources in compliance with the objectives of the common fisheries policy and contributes to sustainable development. |

CONSULTATION OF INTERESTED PARTIES AND IMPACT ASSESSMENT |

Consultation of interested parties |

219 | Consultation methods, main sectors targeted and general profile of respondents. In order to prepare the Community position in the context of the negotiations that take place at annual meetings of the regional fisheries organisations, the Commission consults the Member States, those involved in the industry and NGOs. |

Collection and use of expertise |

221 | Scientific/expertise domains concerned Scientific Council of NAFO, Standing committee on International Control (STATIC) of NAFO, Standing, Committee on Fishing Activities of non-Contracting Parties in the Regulatory Area (STACFAC). |

222 | Methodology used - The Scientific Council of NAFO assess the stocks and recommends the adoption of management and conservation measures to ensure the sustainable exploitation of fisheries resources. - The STATIC reviews and evaluates the compliance by Contracting Parties with the conservation and enforcement measures established by NAFO, promotes the co-ordination of inspection and surveillance activities carried out by the Contracting Parties, develops inspection methodologies and makes appropriate recommendation to the Fisheries Commission of NAFO. - The STACFAC makes appropriate recommendations to the Fisheries Commission of NAFO to promote compliance by non-Contracting Party vessels with the conservation and enforcement measures in order to ensure full respect for conservation and management measures adopted by NAFO. |

223 | Main organisations/experts consulted Scientific Council of NAFO, Committees of NAFO (STACTIC, STACFAC). |

2244 | Summary of advice received and used |

225 | The existence of potentially serious risks with irreversible consequences has been mentioned. The existence of such risks is universally accepted. The committees of NAFO have recommended the adoption of control and technical measures to ensure the sustainable exploitation of fisheries resources in the NAFO Area. |

226 | Means used to make the expert advice publicly available The opinions of the committees are published on the websites of NAFO. |

230 | Impact assessment The aim of theses measures (control and technical measures) is to ensure full respect for conservation and management measures adopted by NAFO and to contribute the sustainable exploitation of fisheries resources in NAFO Area. These measures will apply to all commercial fishing activities conducted by Community fishing vessels in the NAFO Area |

LEGAL ELEMENTS OF THE PROPOSAL |

305 | Summary of the proposed action Transposal into Community law of control and technical measures adopted by NAFO. |

310 | Legal basis Article 37 of the Treaty |

329 | Subsidiarity principle The proposal falls under the exclusive competence of the Community. The subsidiarity principle therefore does not apply. |

Proportionality principle |

331 | The proposal complies with the principle of proportionality, for the following reasons : The recommendations adopted by the regional fisheries organisations are directly enforceable against the Community and the Member States. However, in the interests of clarity and transparency, they are incorporated in a Council regulation in order to clarify them so that they can be better apply by the Member States and fishermen. |

332 | There are no financial consequences. |

Choice of instruments |

341 | Proposed instruments: regulation. |

342 | Other means would not be adequate for the following reason(s). Other instruments would not have been appropriate, for the following reasons : Recommendations adopted by the regional by the regional fisheries organisations are transposed in a Council Regulation, as provided for in Article 37 of the Treaty, which lays down the rules, the implementing procedures being laid down in a Commission regulation |

BUDGETARY IMPLICATION |

409 | The proposal has no implication for the Community budget. |

ADDITIONAL INFORMATION |

510 | Simplification |

511 | The proposal provides for simplification of legislation. |

512 | The proposal simplifies the legislative framework. The measures provides the repeal of Regulations (EC) n 1262/00, (EC) n 3069/95, (EC) n 3680/93, (EEC) n 189/92, (EEC) n 1956/88 and (EEC) n 2868/88. The new regulation will make it possible to combine in a single regulation all the technical and control measures adopted all the technical and control measures adopted by NAFO to which the European Community is a Contracting party. |

520 | Repeal of existing legislation The adoption of the proposal will lead to the repeal of existing legislation. |

Review/revision/sunset clause |

531 | The proposal includes a review clause. |

570 | Detailed explanation of the proposal The measures provide for control measures applicable to vessels flying the flag of the Contracting Parties and operating in the NAFO Area, and arrangements for inspections at sea and in port, which include inspection and surveillance procedures and unfringement procedures which must be implemented by the Contracting Parties. These measures also incorporate provisions to promote compliance by non-Contracting Party vessels with the conservation and enforcement measures in order to ensure full respect for conservation and management measures adopted by NAFO. Technical measures include the minimum size of fish, the by-catch requirements, the mesh sizes, special requirements for data collection. |

E-7833 |

1. 2006/0200 (CNS)

Proposal for a

COUNCIL REGULATION

laying down conservation and enforcement measures applicable in the Regulatory Area of the Northwest Atlantic Fisheries Organisation

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 37 thereof,

Having regard to the proposal from the Commission[?],

Having regard to the opinion of the European Parliament[?],

Whereas:

(1) The Convention on Future Multilateral Co-operation in the Northwest Atlantic fisheries, hereinafter referred to as the NAFO Convention, was approved by the Council by Regulation (EEC) NO 3179/78 and entered into force on 1 January 1979.

(2) The NAFO Convention provides an appropriate framework for multilateral co-operation on the rational conservation and management of fishery resources in the Area defined by the Convention.

(3) At its 25th Annual Meeting, held in Halifax on 15-19 September 2003, NAFO substantially revised the Conservation and Enforcement Measures applicable to fishing vessels operating in Areas beyond the limits of the national jurisdiction of the Contracting Parties in the Convention Area.

(4) These measures also incorporate provisions to promote compliance by non-Contracting Party vessels with the conservation and enforcement measures in order to ensure full respect for conservation and management measures adopted by NAFO.

(5) The Measures provide for control measures applicable to vessels flying the flag of the Contracting Parties and operating in the NAFO Area, and arrangements for inspections at sea and in port, which include inspection and surveillance procedures and infringement procedures which must be implemented by the Contracting Parties.

(6) The Measures also provide for the mandatory inspection of non-Contracting Party vessels where they enter the ports of the Contracting Parties voluntarily and a prohibition on the landing and transhipment of catches if, during such inspection, it is established that they have been taken in breach of the conservation measures adopted by NAFO.

(7) Under Articles 11 and 12 of the NAFO Convention, these measures enter into force on 1 January 2004 and become binding on the Contracting Parties; the Community should apply these measures.

(8) Most of those provisions have been transposed into Community law by 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 Organisation, by Commission Regulation (EEC) NO 2868/88 of 16 September 1988 laying down detailed rules for the application of the Scheme of Joint International Inspection adopted by the Northwest Atlantic Fisheries Organisation, by Council Regulation (EEC) No 189/92 of 27 January 1992 adopting provisions for the application of certain control measures adopted by the Northwest Atlantic Fisheries Organization, by Council Regulation (EC) No 3680/93 of 20 December 1993 laying down certain conservation and management measures for fishery resources in the Regulatory Area as defined in the Convention on Future Multilateral Cooperation in the North West Atlantic Fisheries, by Council Regulation (EC) No 3069/95 of 21 December 1995 establishing a European Community observer scheme applicable to Community fishing vessels operating in the Regulatory Area of the Northwest Atlantic Fisheries Organization (NAFO) and by Council Regulation (EC) No 1262/2000 of 8 June 2000 laying down certain control measures in respect of vessels flying the flag of non-Contracting Parties to the Northwest Atlantic Fisheries Organisation (NAFO).

(9) With a view to effectively implement the reviewed conservation and enforcement measures adopted by the NAFO, those Regulations should be repealed and replaced by one Regulation bringing together and completing all provisions relating to fishing activities arising from the Community's obligations as a Contracting Party to the Convention.

(10) Certain measures adopted by NAFO have also been implemented into Community Law via the yearly TAC and quota Regulation, most recently in Council Regulation (EC) No 51/2006 of 22 December 2005 fixing for 2006 the fishing opportunities and associated conditions for certain fish stocks and groups of fish stocks, applicable in Community waters and, for Community vessels, in waters where catch limitations are required. Provisions of that kind which are not of a temporary nature should be transferred into the new Regulation.

(11) In 2002, Council Regulation (EC) NO 2371/2002 of 20 December 2002 on the conservation and sustainable exploitation of fisheries resources under the Common Fisheries Policy[?] was adopted. Under that Regulation, member States are to control the activities carried out by vessels flying their flag outside Community waters.

(12) Article 2(3) of Regulation (EEC) No 2847/93 establishing a control system applicable to the Common Fishery Policy[?]provides that each Member State must ensure that the activities of its vessels outside the Community fishery zone are subject to proper monitoring and, where such Community obligations exist, to inspections and surveillance, in order to ensure compliance with Community rules applicable in those waters; provision should therefore be made that Member States whose vessels are authorised to fish in the NAFO Regulatory Area assign inspectors to NAFO to undertake monitoring and surveillance, together with adequate resources for inspection.

(13) In order to ensure the monitoring of fishing activities in the NAFO Regulatory Area, it is necessary that Member States cooperate with one another and with the Commission when applying these measures.

(14) It is the responsibility of Member States to ensure that their inspectors are required to comply with the inspection procedures laid down by NAFO.

(15) The measures necessary for amendments of this Regulation should be adopted in accordance with Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission. To this end, the Commission should be assisted by the Committee for fisheries and aquaculture established by Article 30 of Regulation (EC) No 2371/2002,

HAS ADOPTED THIS REGULATION:

Chapter I General provisions

Article 1 Subject- matter

This Regulation lays down the rules for the application by the Community of the Conservation and Enforcement Measures established by the Northwest Atlantic Fisheries Organisation (NAFO).

Article 2 Scope

1. The provisions in chapters II-V of this Regulation applies to all commercial fishing activities conducted by Community fishing vessels in the NAFO Regulatory Area.

2. Conservation and management measures pertaining to the taking of fish, in particular concerning mesh size, size limits, closed Areas and seasons does not apply to research vessels active in the NAFO Regulatory Area.

Article 3 Definitions

For the purposes of this Regulation

(1) “Fishing vessel” means any vessel which is or has been engaged in fishing activities, including fish processing vessels and vessels engaged in transhipment or any other activity in preparation for or related to fishing, including experimental or exploratory fishing.

(2) “Research vessel” means any permanent research vessel or vessel normally engaged in fishing activities or fisheries support activity employed or chartered for fishery research, which has been duly notified.

(3) “Fishing activities” means fishing, fish processing operations, the transhipment of fish or fish products, and any other activity in preparation for or related to fishing in the NAFO Regulatory Area.

(4) “Inspector” means an inspector of the fishery control services of the NAFO Contracting Parties assigned to the Joint Inspection and Surveillance Scheme of NAFO.

(5) “Fishing trip” means the time beginning when the vessels enters the NAFO Regulatory Area and ending when the vessel leaves the Regulatory Area and all catch on board from the Regulatory Area is unloaded or transhipped.

(6) "Non-Contracting party vessel" means a vessel which has been sighted or by other means identified and reported as having engaged in fishing activities in the NAFO Regulatory Area and

(a) which flies the flag of a State which is not a Contracting party to the NAFO Convention; or

(b) for which there are reasonable grounds for suspecting it to be without nationality.

(7) “IUU fishing” means illegal, unregulated and unreported fishing activities in the NAFO Regulatory Area.

(8) “IUU vessel” means any non-Contracting Party vessel engaged in illegal, unregulated and unreported fishing activities in the NAFO Regulatory Area.

(9) “IUU list” means the list containing the particulars of vessels which have been found by NAFO to have engaged in IUU fishing.

(10) NAFO Regulatory Area means the Area defined in Article I of the Convention on Future Multilateral Co-operation in the Northwest Atlantic fisheries (NAFO Convention).

(11) “SubArea” means a subArea as defined in Annex III to the NAFO Convention.

(12) “Division” means a division as defined in Annex III to the NAFO Convention.

(13) “Others” quota” means a quota which Community vessels share with vessels flying the flag of other Contracting Parties of NAFO.

(14) “NAFO Scheme" means the Joint Inspection and Surveillance Scheme adopted by the NAFO.

(15) “Conservation and Enforcement Measures of NAFO” means Conservation and Enforcement Measures adopted by the Fisheries Commission and the General Council of NAFO.

(16) “Fishing logbook” means the logbook referred to in Regulation (EEC) No 2807/83, in which fishing operations and catches are recorded.

(17) “Production logbook” means the logbook in which the fish in product form is recorded.

(18) “Capacity plan” means the drawing or description indicating the storage capacity in cubic meters of all holds and other storage places on board a fishing vessel.

(19) “Stowage plan” means the drawing that shows the location where the fish is stowed in the holds or other storage places on board a fishing vessel.

Chapter II Technical measures

Article 4 By-catch requirements

1. Fishing vessels may not conduct directed fisheries for species for which by-catch limits apply. A directed fishery for a species is conducted when that species comprises the largest percentage by weight of the catch in any one haul.

2. By-catches of the species for which no quotas have been fixed by the Community for a part of the NAFO Regulatory Area and taken in that part when fishing directly for any species may not exceed for each species 2 500 kg or 10 % by weight of the total catch retained on board, whichever is the greater. However, in a part of the NAFO Regulatory Area where directed fishing of certain species is banned or an “others” quota has been fully utilised, by-catches of each of such species may not exceed 1 250 kg or 5 % respectively.

3. Whenever the total amounts of species subject to by-catch limits in any haul exceed the limits laid down in paragraph 2, whichever is applicable, vessels shall immediately move a minimum of five nautical miles away from the previous haul position. Whenever the total amounts of species subject to by-catch limits in any future haul exceed those limits, vessels shall again immediately move a minimum of five nautical miles away from the previous haul position and shall not return to the Area for at least 48 hours.

4. In the event that total by-catches of all species in any haul exceed 5 % by weight in Division 3M and 2.5 % in Division 3L, vessels fishing for shrimp ( Pandalus borealis ), shall immediately move a minimum of 5 nautical miles from the position of the previous haul.

5. Catches of shrimp shall not be used in the calculation of by-catch level of groundfish species.

Article 5 Mesh Sizes

The use of trawl net having in any section thereof net meshes of dimensions less than 130 mm shall be prohibited for direct ed fishing of the groundfish species referred to in Annex I. This mesh size may be reduced to a minimum of 60 mm for direct fishing of short-finned squid ( Illex illecebrosus ). For direct fishing of skates ( Rajidae ) this mesh size shall be increased to minimum of 280 mm in the cod-end and 220 mm in all other parts of the trawl.

Vessels fishing for shrimp ( Pandalus borealis ) shall use nets with a minimum mesh size of 40 mm.

Article 6 Carrying of nets

1. When fishing directly for one or more of the species listed in Annex I, vessels may not carry nets with a mesh size smaller than that laid down in Article 5.

2. However, vessels fishing in the course of the same voyage in Areas other than the NAFO Regulatory Area may keep on board nets with a mesh size smaller than that laid down in Article 5 provided they are securely lashed and stowed and are not available for immediate use. Those nets must

(a) be unshackled from their boards and their hauling or trawling cables and ropes and,

(b) if they are carried on or above the deck, be lashed securely to a part of the superstructure.

Article 7 Attachments to nets

1. The use of any means or device other than those described in this Article which obstructs the meshes of a net or which diminishes their size shall be prohibited.

2. Canvas, netting or any other material may be attached to the underside of the cod-end in order to reduce or prevent damage.

3. Devices may be attached to the upper side of the cod-end provided that they do not obstruct the meshes of the cod-end. The use of top-side chafers shall be limited to those mentioned in Annex V.

4. Vessels fishing for shrimp ( Pandalus borealis ) shall use sorting grids or grates with a maximum spacing between bars of 22 mm. Vessels fishing for shrimp in Division 3L shall also be equipped with toggle chains of a minimum 72 cm in length as described in Annex VI.

Article 8 Minimum size of fish

1. Fish from the NAFO Regulatory Area which do not have the size required as set out in Annex III may not be processed, retained on board, transhipped, landed, transported, stored, sold, displayed or offered for sale, but shall be returned immediately to the sea.

2. Where the quantity of caught fish not having the required size exceeds 10 % of the total quantity, the vessel must move away to a distance of at least five nautical miles from any position of the previous haul before continuing fishing. Any processed fish for which minimum fish size requirements apply which is below a length equivalent set out in Annex III, shall be deemed to originate from fish that is below the minimum fish size.

Article 9 Special provisions for shrimp fishery in Division 3L

Fishing for shrimp in Division 3L shall take place in depths greater than 200 meters and shall be limited to one vessel per Member State at any one time.

Article 10

Special requirements for data collection

1. Member States shall implement, where possible, special requirements for data collection for vessels fishing in the following Areas:

Area Coordinate 1 Coordinate 2 Coordinate 3 Coordinate 4 |

Orphan Knoll | 50.00.30 47.00.30 | 51.00.30 45.00.30 | 51.00.30 47.00.30 | 50.00.30 45.00.30 |

Corner Seamounts | 35.00.00 48.00.00 | 36.00.00 48.00.00 | 36.00.00 52.00.00 | 35.00.00 52.00.00 |

Newfoundland Seamounts | 43.29.00 43.20.00 | 44.00.00 43.20.00 | 44.00.00 46.40.00 | 43.29.00 46.40.00 |

New England Seamounts | 35.00.00 57.00.00 | 39.00.00 57.00.00 | 39.00.00 64.00.00 | 35.00.00 64.00.00 |

2. Data to be collected in accordance with paragraph 1 should be collected on a set by set basis and should, to the extent possible, include:

a) Species composition in numbers and weight;

b) Length frequencies;

c) Otoliths;

d) Set location, latitudes and longitudes;

e) Fishing gear;

f) Depth fished;

g) Time of day;

h) Duration of set;

i) Tow opened (for mobile gear);

j) Other biological sampling such as maturity where possible.

3. The data collected in accordance with paragraph 1 shall be reported to the competent authorities of member States for onward transmission to NAFO Secretariat as soon as possible after the end of each fishing trip.

Chapter III Control measures

Section 1Monitoring of fisheries

ARTICLE 11 Authorisation

Only Community vessels of more than 50 gross tonnes which have been issued a special fishing permit by their flag Member State and are included in the NAFO vessel register shall be authorised, on the conditions set out in the permit, to fish, keep on board, tranship and land fishery resources from the NAFO Regulatory Area.

Article 12 List of vessels

1. Each Member State shall establish a list of vessels flying its flag and registered in the Community that are authorised to fish in the NAFO Regulatory Area and shall notify that list to the Commission in computer readable form. The Commission shall forward the list promptly to the NAFO Secretariat.

2 Each Member State shall inform the Commission in computer readable form, at least 15 days before the vessel enters the NAFO Regulatory Area, of any amendment to its list of vessels flying its flag and registered in the Community that are authorised to fish in the NAFO Regulatory Area. The Commission shall forward those amendments promptly to the NAFO Secretariat.

3. The list referred to in paragraph 2 shall contain the following information:

(a) the internal number of the vessel, as defined in Annex I to Commission Regulation (EC) NO 26/2004 of 30 December 2003 on the Community fishing fleet register[?];

(b) international radio call sign;

(c) vessel charterer, where applicable;

(d) vessel type.

4. For vessels temporarily flying the flag of a Member State (bare boat charter), the information forwarded shall furthermore include:

(a) date from which the vessel has been authorised to fly the flag of the Member State;

(b) date from which the vessel has been authorised by the Member State to engage in fishing in the NAFO Regulatory Area;

(c) name of the State where the vessel is registered or has been previously registered and the date as from which it ceased flying the flag of that State;

(d) name of the vessel;

(e) official registration number of the vessel assigned by the competent national authorities;

(f) home port of the vessel after the transfer ;

(g) name of owner or charterer of the vessel;

(h) a declaration that the master has been provided with a copy of the regulations in force in the NAFO Regulatory Area;

(i) the principal species which can be fished by the vessel in the NAFO Regulatory Area;

(j) the sub-Areas where the vessel may be expected to fish.

Article 13 Chartering of Community vessels

1. Member States may allowed that a fishing vessel flying their flag and authorised to fish in the NAFO Regulatory Area to be subject to a chartering arrangement for the utilisation in part or in full of a quota and/or fishing days allocated to another Contracting Party of NAFO.

2. On the date of the conclusion of a chartering arrangement, the flag Member State shall send the following information to the Commission which shall forward this information to the Executive Secretary of NAFO:

(a) its assent to the charter arrangement;

(b) species covered by the charter and fishing opportunities allocated by the charter contract;

(c) length of the charter arrangement;

(d) name of the charterer;

(e) Contracting Party which chartered the vessel;

(f) the action it has taken to ensure that the chartered vessels flying its flag complies with the Conservation and Enforcement measures of NAFO for the duration of the chartering period.

3. When the charter arrangement ends, the flag Member State shall inform the Commission which shall promptly forward this information to the Executive Secretary of NAFO.

4. The flag Member State shall act to ensure that:

(a) the vessel is not authorised to fish during the charter period against the fishing opportunities allocated to the flag Member State

(b) the vessel is not authorised to fish under more than one charter arrangement during the same period;

(c) the vessel complies with the Conservation and Enforcement Measures of NAFO for the duration of the chartering period;

(d) all catches and by-catches from notified chartering arrangements are recorded in the fishing logbook by the chartered vessel separate from other catch data recorded pursuant to Article 16.

5. Member States shall report all catches and by-catches referred to in paragraph 4 (d) to the Commission separately from other national catch data pursuant to Article 19. The Commission shall promptly forward this data to the Executive Secretary of NAFO.

Article 14 Monitoring of fishing effort

1. Each Member State shall take the necessary measures to ensure that the fishing effort of its vessels is commensurate with the fishing opportunities available to that Member State in the NAFO Regulatory Area.

2. Member States shall transmit to the Commission the fishing plan for their vessels fishing in the NAFO Regulatory Area no later than 31 January each year or, thereafter, at least 30 days before the commencement of such activity. The fishing plan shall identify, inter-alia, the vessel or vessels which will engage in these activities and the number of fishing days those vessels will spend in the NAFO Regulatory Area.

3. Member States shall, on an indicative basis, inform the Commission of the intended activities of the vessels in other Areas.

4. The fishing plan shall represent the total fishing effort to be deployed in the NAFO Regulatory Area in relation to the fishing opportunities available to the Member State making the notification.

5. Member States shall, no later than 31 December each year, report to the Commission on the implementation of their fishing plans. Those reports shall include the number of vessels actually engaged in fishing activities in the NAFO Regulatory Area, the catches of each vessel and the total number of days each vessel fished in that Area. Activities of vessels fishing for shrimp in Divisions 3M and 3L shall be reported separately for each Division .

Article 15 Vessel Monitoring System (VMS)

1. Member States shall ensure that information obtained by the vessel monitoring system (VMS) pursuant to Regulation (EC) No 2244/2003 concerning vessels flying their flag which fish in the NAFO Regulatory Area is transmitted electronically to the NAFO Secretariat on a real time basis.

2. When an inspector observes a fishing vessel in the NAFO Regulatory Area for which he has not received VMS data in accordance with the Conservation and Enforcement Measures of NAFO, he shall promptly inform the master and the Executive Secretary of NAFO thereof.

Article 16 Transhipments

Community vessels shall not engage in transhipment operations in the NAFO Regulatory Area unless they have received prior authorisation to do so from their competent authorities.

Article 17 Fishing and Production logbooks and stowage plan

1. In addition to complying with Articles 6, 8, 11 and 12 of Regulation (EEC) No 2847/93, masters of vessels shall enter in the fishing logbook the information listed in Annex IV.

2. The masters of a Community vessel shall, in respect of catches of the species referred to in Article 15(1) of Regulation (EEC) N° 2847/93, keep:

(a) a production logbook stating their cumulative production by species on board in product weight stated in kilograms;

(b) a stowage plan that shows the location of the different species in the holds.

3. The production logbook and stowage plan referred to in paragraph 2 shall be updated on a daily basis for the preceding day reckoned from 00.00 hrs (UTC) until 24.00 hrs (UTC) and shall be kept onboard until the vessel has unloaded completely.

4. The master shall provide the necessary assistance to enable the quantities declared in the production logbook and the processed products stored on board to be verified.

5. Member States shall every two years certify the correctness of the capacity plans for all vessels authorised to fish pursuant to Article 10. The master shall ensure that a copy of this certification remains onboard to be shown to an inspector upon request.

Article 18 Product labelling and separate stowage

1 All processed fish harvested in the NAFO Regulatory Area shall be labelled in such a way that each species and product category as referred to in Article 1 of Council Regulation (EC) No 104/2000 is identifiable. It shall also be marked as having been caught in the NAFO Regulatory Area.

2. All shrimp harvested in Division 3L and all Greenland halibut harvested in Sub-Area 2 and Divisions 3KLMNO shall be marked as having been caught in these respective zones.

3. Catches of the same species may be stowed in more than one part of the hold, but in each part of the hold where it is stowed it shall be kept clearly separate (for example by plastic, plywood, netting, etc.) from catches of other species.

Similarly all catches taken inside the NAFO Convention Area Convention Area shall be stowed separately from all catches taken outside the Area.

Article 19 Reporting of catches

1. The masters of Community fishing vessels shall send to the Fisheries Monitoring Centre (FMC) of their flag Member State catch reports in accordance with paragraph n.2.

2. Catch reports shall include:

(a) the quantities held on board when the Community fishing vessels enter the NAFO Regulatory Area. Reports shall be transmitted no earlier than 12 hours and no later than 6 hours in advance of each entry into the NAFO Regulatory Area and shall include the date, time, geographical position of the vessel, total round weight by species, including directed species ;

(b) daily catches of shrimp caught in Division 3L. These reports shall be transmitted no later than 12.00 UTC of the day following that in which the catches were made;

(c) every second Monday, catches of redfish in Sub-Area 2 and Divisions 1F, 3K and 3M caught in the two-week period ending at 12 midnight on the previous Sunday. When accumulated catches reached 50 % of the TAC, the report shall be made weekly each Monday.

(d) the quantities held on board when a vessel leaves the NAFO Regulatory Area. These reports shall be transmitted no earlier than 8 hours and no later than 6 hours in advance of each departure from the NAFO Regulatory Area and shall include the date, time, geographical position of the vessel and total round weight by species;

(e) the quantities loaded and unloaded for each transhipment of fish during the vessel's stay in the NAFO Regulatory Area. Donor vessels shall transmit this report at least 24 hours in advance of the transhipment. Receiving vessels shall transmit this report not later than one hour after the transhipment. These reports shall include the date, time, geographical position of the transshipment and total round weight by species to be off-loaded or which have been on-loaded in kilograms and call signs of the vessels to or from which quantities are transhipped. The receiving vessel shall report the total catch on board and the total weight to be landed, the name of the port and the expected time of landing at least 24 hours in advance of any landing.

3. Each Member State shall, upon receipt, forward catch reports by computer transmission to the NAFO Secretariat via the Commission.

4. The Member States shall record the data contained in the catch reports in the database referred to in Article 19(2) of Regulation (EEC) No 2847/93.

5. The detailed rules for the format and the specifications for the transmissions referred to in paragraph 2 are laid down in Annex VII.

Article 20 Global reporting of catches and fishing effort

1. Each Member State shall, in computer readable form, before the 15th of each month, notify the Commission of

(a) the quantities of stocks specified in Annex II landed;

(b) the number of fishing days used for fishing shrimp in Division 3M during the preceding month and

(c) any information received in accordance with Articles 11 and 12 of Regulation (EEC) No 2847/93.

2. The Commission shall compile the data referred to in paragraph 1 for all Member States and forward those data to the NAFO Secretariat within 30 days of the end of the calendar month in which the catches were made.

SECTION 2 OBSERVERS

Article 21 Assignment of observers

1. Member States shall assign observers to all their fishing vessels engaged in or about to engage in fishing activities in the NAFO Regulatory Area. Observers shall remain on board the fishing vessels to which they are assigned until they are replaced by other observers.

2. Except for reasons of force majeure, fishing vessels without an observer on board shall not be allowed to commence or continue fishing in the NAFO Regulatory Area.

3. Observers shall be appropriately qualified and experienced. They shall possess the following skills:

(a) sufficient experience to identify species and gear,

(b) navigational skills,

(c) a satisfactory knowledge of the NAFO conservation and enforcement measures,

(d) the ability to carry out elementary scientific tasks e.g. collecting samples, as requested and observe and record accurately,

(e) a satisfactory knowledge of the language of the flag State of the vessel observed.

4. Member States shall take all appropriate steps to ensure that observers are received on board fishing vessels at the duly designated time and location and facilitate their departure at the termination of the observation period.

5. Member States shall forward to the Commission a list of observers they have assigned pursuant to paragraph 1 by 20 January each year and, thereafter, immediately following the assignment of any new observer.

Article 22 Main task of observers

1. Observers shall monitor the fishing vessel's compliance with the relevant conservation and enforcement measures of NAFO.

2. All observation duties shall be confined to the NAFO Regulatory Area.

Article 23 Recording

Observers shall:

(a) complete a daily log of the vessels' fishing activities in accordance with the format presented in Annex VIII ;

(b) record the gear, mesh size and attachments utilized by the master.

Article 2 4 Monitoring of catches

1. Observers shall:

(a) observe and estimate catches taken on a set-by-set basis (location, depth, time the net is in the water);

(b) identify catch composition;

(c) monitor discards, by-catch and catches of undersized fish;

(d) verify entries made to the fishing logbook and production logbook; verification of production logbook shall be made using the conversion factor employed by the master;

(e) verify catch communication reports.

2. When monitoring discards, by-catch and catches of undersized fish in accordance with paragraph 1(c), the observers shall collect the data on discards and retained undersized fish following, whenever circumstances permit, the following sampling scheme:

(a) for every haul, estimates of the total catch by species in terms of weight and in addition estimates of discards by species in terms of weight shall be recorded;

(b) every 10th haul shall be sampled in detail by species, providing in addition to weights of the sample measured also numbers per length representing the part of the catch to be landed and the part of the catch discarded;

(c) whenever the fishing site is changed by a distance of more than 5 nm the cycle described in points (a) and (b) shall start again.

Article 25 Other specific tasks

Observers shall:

(a) verify the position of the vessel when engaged in fishing activity;

(b) supervise transhipments, if any, from vessels subject to a chartering arrangement pursuant to Article 12;

(c) monitor the functioning of automatic remote position recording facilities if on board and used by the vessel observed;

(d) carry out scientific work and sampling if so requested by the NAFO Fisheries Commission or by the appropriate authorities of the Flag State of the vessel observed.

Article 26 Observer’s Reports

1. Observers shall present a report, to the Commission and the competent authorities of the Member State which assigned them, within 20 days following the termination of each fishing trip. When an observer’s assignment ends before the termination of the fishing trip, the report shall be presented to the Commission and the competent authorities of the Member State in respect of the period of the assignment within 20 days following the end of the assignment. The report shall summarize the main findings of the observer. The report shall be transmitted to the NAFO Executive Secretary via the Commission.

2. Observers shall report, within 24 hours, any evidence of a suspected serious infringement. Such reports shall be made to a NAFO inspection vessel in the NAFO Regulatory Area which shall report the suspected infringement to the Executive Secretary of NAFO. Observers shall use an established code when communicating to an inspection vessel.

Article 76 Precautions

1. Observers shall take all appropriate steps to ensure that their presence on board fishing vessels does not hinder or interfere with the proper functioning of the vessels including fishing activities;

2. Observers shall respect the property and equipment on board the fishing vessels including the confidentiality of all documents pertaining to the said vessels.

Article 28 Obligations of the master of the vessel

1. Masters of Community fishing vessels shall receive the assigned observers and cooperate with them in order to allow them to discharge their duties while on board the vessels.

2. The master of the vessel designated to receive an observer on board shall take all reasonable steps to facilitate the arrival and departure of the observer. While on board the observer shall be offered appropriate and adequate accommodation and working facilities.

3. The master of the vessel shall permit the observer to have access to the vessel's documents (fishing logbook, production logbook, capacity plan, and stowage plan) and to different parts of the vessel, including, as required, to the retained catch and catch which is intended to be discarded, in order to facilitate the discharge of the observer's duties.

4. The master shall be informed in good time of the date and location for receiving observers and the likely duration of the observation period.

5. The master of the vessel observed may, on his own request, be provided with a copy of the observer's report referred to in Article 25(1).

Article 29 Costs

All costs arising from the operation of observers under this Section shall be borne by the Member States. Member States may charge these costs, in part or in full, to the operators of their vessels.

Article 30 Follow up

1. The competent authorities of the Member States receiving the report of the observer in accordance with Article 25 shall evaluate the contents and conclusions of that report.

2. In the event that the report indicates that the vessel observed has engaged in fishing practices at variance with conservation and enforcement measures of NAFO, the authorities referred to in paragraph 1 shall take all appropriate action to investigate the matter in order to prevent the repetition of such practices.

Chapter I V Inspection and surveillance at sea

section 1general provisions

Article 31 General rules for inspection and surveillance

1. The Commission and/or Member States shall assign inspectors to carry out surveillance and inspection in the NAFO Regulatory Area in accordance with the Conservation and Enforcement measures of NAFO. They may also appoint trainees to accompany the inspectors.

2. The Member States and the Commission shall ensure that inspectors carry out their duties in accordance with the rules laid down in the NAFO Scheme. Inspectors shall remain under the operational control of their competent authorities and shall be responsible to them.

3. Each Member State and the Commission shall ensure that inspections by Community inspectors are conducted in a non-discriminatory manner and in accordance with Conservation and Enforcement Measures of NAFO.

4. The number of inspections shall be based on the size of the fleets of the Contracting Parties present in the NAFO Regulatory Area, taking into account the time spent in the Area, the level of catches and compliance records.

5. In addition to their functions under the Conservation and Enforcement measures of NAFO, inspectors shall inspect Community vessels in the NAFO Regulatory Area for compliance with any other Community conservation and control measure applying to those vessels.

6. Inspectors may be placed onboard any Member State vessel engaged or about to be engaged in inspection duties in the NAFO Regulatory Area.

7. Inspectors operating in the NAFO Regulatory Area shall on a regular basis co-ordinate their activities with other NAFO inspectors active in the NAFO Regulatory Area in order to exchange information on sightings and boarding or other relevant information.

Article 32 Means of inspection

Member States or the Commission shall make available to their inspectors adequate means to enable them to carry out their surveillance and inspection tasks. To that end they shall assign inspection vessels to the NAFO Scheme.

Article 33 Programming

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

2 When drawing up joint operational surveillance and inspection programmes the Commission and Member States shall ensure that, where, at any time, more than 15 Community fishing vessels are engaged in fishing activities in the NAFO Regulatory Area, a Community inspection vessel is present in the Area or that an agreement has been concluded with another Contracting Party to ensure the presence of an inspection vessel.

3 Member States shall inform the Commission by 15 October each year of the names of the inspectors and the inspection vessels they are intending to assign to the NAFO Scheme during the following year. This notification shall include the name, the radio call sign and communication capacity for the assigned inspection vessels. Using this information the Commission shall draw up, in collaboration with the Member States, a plan for Community participation in the NAFO Scheme in the following calendar year, which it shall send to the NAFO Secretariat and the Member States.

4. Member States shall inform the Commission electronically of the date and time of the start and end of the activities of inspection vessels.

SECTION 2 SURVEILLANCE PROCEDURE

Article 34 Surveillance procedure

1. Inspectors shall carry out surveillance based on sightings of fishing vessels from a vessel assigned to the NAFO scheme. When an inspector observes a vessel of a Contracting Party of NAFO and such observation does not correspond to other information available to him, he shall record his findings in a surveillance report using the form set out in Annex XI and shall forward that report to his authorities. The report shall include photographs of the vessel which shall record the position, date and time the photographs were taken.

2. Member States shall forward the surveillance report promptly, by electronic transmission, to the flag State of the sighted vessel or the authorities designated by that State, as notified by the NAFO Secretariat, to the NAFO Secretariat and to the Commission. They shall also forward the original of each surveillance report to the flag State of the vessel concerned at its request.

3. Member States shall, upon receipt of a Surveillance Report concerning its vessels, take prompt action on it and conduct any further investigation necessary to allow them to determine appropriate follow up.

4. Member States shall by 15 February each year report to the Commission on the action taken with regard to Surveillance reports involving their vessels during the previous year. In cases where the follow up action results in the imposition of penalities, those penalties shall be described in specific terms. The Commission shall forward this information to the NAFO Secretariat by 1 March each year.

section 3inspection procedure

Article 35 General provisions

1. When conducting an inspection during daylight hours in conditions of normal visibility, inspection vessels shall display a NAFO pennant to show that inspectors are carrying out an inspection under the NAFO Scheme. Boarding vessels shall also display a pennant, which may be half scale;

2. Inspections of vessels engaged in research shall be limited to ascertaining that the vessel is not conducting a commercial fishing operation;

3. Inspectors shall not interfere with the ability of masters to communicate with the authorities of their flag State during boarding and inspection;

4. Inspection vessels shall manoeuvre at a safe distance from the fishing vessel in accordance with the rules of good seamanship;

5. Inspectors shall avoid the use of force save where and to the extent that it is necessary to ensure their safety. When conducting inspections on board fishing vessels, inspectors shall not carry firearms;

6. Inspections shall be conducted in a manner such as to cause the least disturbance or inconvenience to the vessel, its activities and catches.

Article 36 Boarding

1. Inspectors and trainees shall carry and produce a document of identity issued by the NAFO Secretariat when boarding a fishing vessel.

2. Inspectors shall not board a vessel without prior notice being given by radio to the vessel or without the vessel being given the appropriate signal using the International Code Signal, including details of the inspection team and inspection platform.

3. Inspectors shall not require the vessel that is being boarded to stop or manoeuvre during fishing, or to stop the shooting or hauling of fishing gear. Inspectors may, however, require the interruption or delay of the shooting of gear until they have boarded the vessel but in any event this delay shall last more than 30 minutes after the signal referred to in paragraph 2 has been received.

Article 37 On board activities

1. Inspection teams shall comprise no more than two inspectors. When vessel conditions so permit, an inspection trainee may accompany the inspectors and shall be identified to the master of the fishing vessel. The trainee’s activities shall be limited to the observation of the inspection conducted by the inspectors.

2. The inspection shall not exceed three hours or the period until the net and catch are hauled in and inspected, whichever is longer. Where an infringement is detected, inspectors may remain on board for the period necessary to complete their duties as referred to in Article 40 and in Article 43. The inspector shall leave the vessel within one hour following the completion of the original inspection or following the completion of their duties pursuant to Article 40, as the case may be.

3. Precautions shall be taken to avoid causing damage to packaging, wrapping, cartons, or other containers and content. Cartons and containers shall be opened in such a way that will facilitate prompt resealing, re-packing and re-storage.

4. Inspectors shall convert production weight recordings in the production logbooks into live weight to allow for a verification of logbook entries which are made in live weight. Inspectors shall be guided by the conversion factors used by the master of the vessel.

5. Inspectors shall be authorised to examine all relevant Areas, decks and rooms of the fishing vessel, processed and unprocessed catches, nets and other gear, equipment and any relevant documents which are necessary for verifying compliance with the Conservation and Enforcement measures of NAFO.

6. In carrying out their inspection, inspectors may ask the master for any assistance they may require. The master may comment on the inspection report, which must be signed by inspectors on completion of the inspection. A copy of the inspection report shall be given to the master of the fishing vessel.

Article 3 8 Drawing up of inspection reports

1. Inspectors shall draw up an inspection report using the form set out in Annex IX and forward it to their authorities.

2. Inspectors shall summarise from logbook records, for the current fishing trip, the vessel’s catch in the NAFO Regulatory Area by species and by division and shall record this summary in point 14 of the inspection report.

3. In the case of a difference between the recorded catches and the estimates of the inspector, the inspector may re-check calculations, procedures, the relevant documentation and the catch onboard the vessel. Any such differences shall be noted in point 18 of the inspection report.

Article 39

Obligations of the masters of the fishing vessel during inspection

The master of a Community fishing vessel which is being boarded and inspected shall:

(a) facilitate safe and effective boarding in accordance with good seamanship when given the appropriate signal in the International Code of Signals by a vessel or helicopter carrying an inspector;

(b) provide a boarding ladder which is in conformity with recommendations concerning pilot ladders adopted by the International Maritime Organisation;

(c) cooperate with and assist in the inspection of the fishing vessel conducted in accordance with the procedures laid down in this Regulation; he shall ensure the safety of inspectors and shall not obstruct, intimidate or interfere with the inspectors in the performance of their duties;

(d) permit the inspectors to communicate with the authorities of the flag State and the inspecting State;

(e) provide access to Areas, decks, rooms of the vessel, processed or unprocessed catches, nets and other gear, equipment, registration documents, drawings or descriptions of fish rooms, production logbooks and stowage plans and any other relevant documents as well as give such assistance as is possible and reasonable to ascertain that stowage conforms to the stowage plans;

(f) facilitate safe disembarkation by inspectors.

Article 40 Transmission of Inspection reports

1. The Member State carrying out an inspection shall send the original NAFO inspection report drawn up in accordance with Article 37(1) to the Commission within 20 days after the return of the inspection vessel to port. The Commission shall forward it to the flag State of the inspected vessel with a copy to the NAFO Secretariat within 30 days after the return of the inspection vessel to port.

2. In case of an infringement or difference between the recorded catches and the inspectors estimates of the catches onboard, the original inspection report with supporting documents, including copies of photographs taken, shall be sent to the Commission as soon as possible after the return of the inspection vessel to port. The Commission shall forward this documentation to the flag State of the inspected vessel with a copy to the NAFO Secretariat within 10 days after the return of the inspection vessel to port.

3. The inspector shall in the situation referred to in paragraph 2 also issue a statement constituting an advance notification of the presumed infringement. That statement shall quote the information entered under points 16, 18 and 20 of the inspection report and describe in detail the basis for issuing the citation for an infringement and the evidence in support thereof. The Community inspector shall send the statement within the working day following the inspection to the flag State and the NAFO Secretariat via the Commission.

4. Inspectors shall provide the Commission on a 10 day basis with a list of vessels inspected. The Commission shall on a monthly basis establish a list of inspected vessels and forward this list to the NAFO Secretariat.

section 4infringements

Article 41 Procedures to deal with infringements

1. Where inspectors find an infringement of the Conservation and Enforcement measures adopted by NAFO, they shall:

(a) note the infringement in their inspection report, sign the entry and obtain the countersignature of the master;

(b) enter and sign a notation in the fishing logbook or other relevant documentation stating the date, location, and type of infringement found. The inspector may make a copy of any relevant entry in the fishing logbook or other relevant documentation and require the master to certify the authenticity thereof in writing on each page of the copy;

(c) if necessary, document the infringement with photographs of the gear and catch. The inspector shall in such case give one copy of the photograph to the master and attach a second copy of the photograph to the report;

(d) attempt immediately to communicate with an inspector or the designated authorities of the flag State of the inspected fishing vessel;

(e) transmit the inspection report as well as the advance notification of infringement referred to in Article 39(3) promptly to their authorities.

2. Inspectors may request that the master remove any part of the fishing gear which appears to be contrary to the Conservation and Enforcement Measures of NAFO. The inspector shall affix a NAFO inspection seal in accordance with Annex X securely to any part of the gear which appears to be in contravention and record this fact in the inspection report. The gear shall be preserved with the seal attached until examined by the competent authorities of the Contracting party of the vessel.

Article 42 Follow-up in the case of infringements

1. Where a Member State is notified of an infringement committed by a vessel flying its flag, it shall take prompt action in conformity with its national law to receive and examine the evidence and conduct any further investigations necessary for action to be taken as a result of the infringement and, where possible, inspect the vessel.

2. Member States shall co-operate with the authorities of the Contracting Party carrying out an inspection to ensure that evidence of the infringement is prepared and preserved in a form which facilitates judicial action.

3. Member States shall designate the authorities responsible for receiving evidence of infringements and inform the Commission of their address.

section 5Serious infringements

Article 43 List of serious infringements

1. The following infringements shall be considered serious:

a) Fishing on an "Others" quota without prior notification to the Executive Secretary of NAFO, or more than seven working days after the notification by the Executive Secretary of NAFO that fishing under an "Others" quota for that stock or species was closed;

b) directed fishing for a stock which is subject to a moratorium or for which fishing is prohibited;

c) directed fishing for stocks or species after the date on which the Flag State of the inspected vessel has notified the Executive Secretary that its vessels will cease directed fishery for those stocks or species;

d) fishing in a closed Area or with gear prohibited in a specific Area;

e) mesh size violations;

f) fishing without a valid authorisation issued by the flag Contracting Party;

g) mis-recording of catches;

h) interference with the satellite monitoring system;

i) catch communication violations;

j) preventing inspectors or observers from carrying out their duties.

Article 44 Inspector activities

1. Where inspectors cite a vessel for having committed a serious infringement as listed in Article 42, they shall promptly notify the flag State, their own authorities, the Commission and the NAFO Secretariat thereof.

2. In the case of a serious infringement, inspectors shall take all necessary steps to ensure the security and continuity of the evidence, including as appropriate, sealing the vessel’s hold for the following port inspection. At the request of the inspector, the master shall cease all fishing activities which according to the inspector constitute a serious infringement.

3. As long as the inspector remains onboard, the master may not resume fishing until the inspector is reasonably satisfied, as a result of either the action taken by the vessel’s master or the inspector’s communication with an inspector or competent authority of the flag State of the inspected vessel, that the serious infringement will not be repeated .

4. Inspectors may remain on board a fishing vessel for the period necessary to obtain the relevant information concerning the infringement. During this time the inspectors shall complete the inspection and shall thereafter leave the vessel. However, inspectors may remain onboard the vessel if they succeed in establishing communications with the competent authorities of the Contracting party of the inspected vessel and those authorities agree. If they are unable within a reasonable period of time to communicate with those competent authorities, they shall leave the inspected vessel and shall communicate as soon as possible with them.

5. The Member State or the Commission carrying out the inspection shall take a decision, with the consent of the flag State, on whether the inspector remains on board during a re-routing of the vessel in accordance with Article 45(1). The Member State and the Commission carrying out the inspection shall decide also whether an inspector shall be present during the thorough inspection of the vessel in port in accordance with Article 45(3). Member States shall inform the Commission promptly of the decisions they take in accordance with this paragraph.

Article 45 Inspection by an inspector authorised by the flag Member State

1. Where a flag Member State receives information from an inspector that a serious infringement is suspected to have been committed by a fishing vessel flying its flag or where the Commission receives such information, the flag Member State and the Commission shall inform one another thereof without delay.

2. After being notified by another Contracting Party of a serious infringement committed by a Community vessel, the flag Member State in co-operation with the Commission shall ensure that the vessel is inspected within 72 hours by a duly authorised inspector.

3. The duly authorised inspector shall board the fishing vessel concerned and examine the evidence of the suspected infringement, and forward as quickly as possible to the competent authority in the flag Member State and the Commission the results of this examination.

Article 46 Re-routing

1. Following notification of the results and where the suspected infringement is of a serious nature, the flag Member State of the inspected vessel shall, if the situation so warrants, within 24 hours, itself require or authorise the duly authorised inspector to require the vessel to proceed to a designated port. This port should be St Johns or Halifax, Canada, St Pierre, France, or its home port, unless another port is designated by the flag Member State.

2. The 24 hour time limit referred to in paragraph 1 may be extended by the Commission upon a written request of the flag Member State, up to a maximum of 72 hours.

3. Where the flag Member State does not require the vessel to be re-routed to a port, it shall immediately inform the Commission of the reasons for its decision. The Commission shall notify the NAFO Secretariat in due course of that decision and its justification.

Article 47 Inspection in port following a re-routing

1. On arrival in the designated port, the vessel suspected of having committed a serious infringement shall undergo a thorough inspection under the authority of the flag Member State and in the presence of an inspector from any other Contracting Party which wishes to participate. The Port inspection report in Annex XII shall be used.

2. The flag Member State shall inform the Commission promptly of the outcome of the thorough inspection and of the measures it has adopted as a result of the infringement, including measures taken to prevent a repetition of the infringement.

SECTION 6 REPORTS

Article 48 Treatment of inspection reports

1. Member States shall treat reports drawn up by the inspectors of other Contracting Parties and other Member States on the same basis as reports from its own inspectors.

2. Member States shall cooperate with the relevant Contracting Parties in order to facilitate judicial or other proceedings in accordance with their national law, arising from a report submitted by an inspector under the NAFO Scheme.

Article 49 Reports on infringements

1. Member States shall each year forward to the Commission by 25 January for the period 1 July – 31 December, and by 25 August for the period 1 January to 30 June, a report containing the following information:

(a) the result of action taken in respect of infringements by its vessels; infringements shall be listed annually until the action is concluded;

(b) any significant differences between records of catches in its vessel’s logbooks and inspector’s estimates of catches onboard the vessels. A difference shall be considered as significant where the inspector’s estimate differs from the catch recorded in the logbook by 5 % or more;

(c) details of the progress of the proceedings stating in particular whether the cases are pending, under appeal or under investigation;

(d) a specific description of the penalties imposed, stating in particular the amount of the fines, the value of forfeited fish and/or gear, the written warnings, etc. and

(e) an explanation if no action has been taken.

2. The Commission shall compile a Community report on the basis of the reports of the Member States. It shall send the Community report to the NAFO Secretariat by 1 February and 1 September each year.

Article 50 Reporting on inspection and surveillance activities

1. Each Member State shall report to the Commission by 15 February each year for the previous calendar year on:

(a) the number of inspections it has carried out under the NAFO Scheme specifying the number of inspections on the vessels of each Contracting Party and, where an infringement has been committed, the date and location of the inspection of the vessel concerned and the nature of the suspected infringement;

(b) the number of air hours flown on NAFO surveillance, the number of sightings and the number of surveillance reports that have been drawn up together with the follow-up action that has been taken on these surveillance reports.

2. The Commission shall compile a Community report on the basis of the reports of the Member States. It shall send the Community report to the NAFO Secretariat by 1 March each year.

Chapter V Inspections in port

Article 5 1 Inspection in port

1. Member States shall ensure that all vessels which enter theirs ports to land and/or tranship catches from the NAFO Regulatory Area are submitted to an inspection in port. It is prohibited to land or tranship such catches until the inspection has been completed. The inspection shall include verification of compliance by Community vessels with any other Community conservation and control measure applying to those vessels.

2. To facilitate the inspections, the Member States shall require masters of fishing vessels or their representatives to provide the competent authorities of the Member States whose ports or landing facilities they wish to use, at least 48 hours before the estimated time of arrival at the port, of the following:

(a) their time of arrival at the port of landing,

(b) a copy of the authorisation to fish,

(c) the quantities in KG live weight retained onboard,

(d) the zone or zones in the NAFO Regulatory Area where the catch was made.

3. The port inspection shall include a verification of at least the following elements:

(a) species and quantities caught,

(b) information from inspections on the vessel carried out under the provisions of Chapter IV,

(c) mesh size of nets on board and size of fish retained onboard.

4. Member States shall ensure that the quantities landed by species and the quantities retained onboard, if any, be cross checked with quantities recorded in the logbook as well as catch reports on exit from the NAFO Regulatory Area pursuant to Article 18(2)(d).

Article 52 Port inspection reports

1. Member States shall ensure that the port inspection report in Annex XII be used for all port inspections carried out under this Regulation.

2. Member States shall transmit the port inspection report to the Commission within 14 working days after the port inspection was completed. The Commission shall promptly forward the report to the NAFO Secretariat and, upon request, to the Flag State of the vessel.

Chapter VI Non Contracting Party Activities

Article 53 IUU activities carried out by Non-Contracting Party vessels

1. A Non-Contracting Party vessel engaged in fishing activities in the NAFO Regulatory Area shall be presumed to have carried out IUU activities that have undermined the effectiveness of the Conservation and Enforcement Measures of NAFO.

2. In the case of trans-shipment activities involving a sighted identified Non-Contracting Party vessel, inside or outside the NAFO Regulatory Area, the presumption of undermining the Conservation and Enforcement measures of NAFO applies to any other non-Contracting Party vessel which was engaged in those activities with that vessel.

Article 54 Information on non-Contracting Party vessels

1. If a Member State or Commission inspector’s sights or by other means identifies a Non-Contracting Party vessel, they shall attempt to inform the vessel that it is presumed to be undermining the conservation and Enforcement Measures of NAFO and that this information will be transmitted to Contracting Parties of NAFO to other Regional fisheries Organisations and to the flag state of the vessel.

2. Member States shall immediately transmit to the Commission information regarding sightings, denial of port access, landings and trans-shipments, and the results of all inspections at sea or in their ports, and any subsequent action they have taken in respect of the vessel concerned. The Commission shall transmit all information immediately to the NAFO Secretariat.

3. The information referred to in paragraph 2 shall include the name of the Non-Contracting Party vessel and its flag State, the date and the port of inspection, the grounds for a subsequent prohibition of landing and/or transhipment or, where no such prohibition was applied, the evidence presented pursuant to Article 56 (3).

4. Member States may at any time submit to the Commission for immediate transmission to the NAFO Secretariat any additional information, which may be relevant for the identification of non-Contracting Party vessels that might be carrying out IUU fishing in the NAFO Regulatory Area.

5. The Commission shall notify the Member States each year of the non-Contracting Party vessels appearing on the IUU list adopted by NAFO.

Article 55 Prohibition against transhipments and joint fishing operations

Community fishing vessels shall be prohibited from receiving or delivering transhipments of fish to or from non-Contracting party vessels referred to in Article 52 and from engaging in joint fishing operations with such vessels.

Article 56

Inspection at sea

Inspectors shall, if appropriate, request permission to board a non-Contracting Party vessel which has been sighted or by other means identified engaging in fishing activities in the Regulatory Area of NAFO. Vessels that consent to be boarded shall be inspected in accordance with the provisions of Chapter IV.

Article 57 Inspection in port

1. Member States shall ensure that each Non-Contracting Party vessel which enters a designated port within the meaning of Article 28 (2) of Regulation (EEC) No 2847/93 is inspected by their competent authorities. The vessel may not land or tranship any catch until this inspection has been completed.

2. If, on completion of inspection, the competent authorities find that the non-Contracting party vessel holds on board any of the stocks or groups of stocks regulated by NAFO or referred to in Annex II to the present Regulation, the Member State concerned shall prohibit any landing and/or transhipment of catches from that vessel.

3. However, no such prohibition shall apply if the master of the inspected vessel or his representative proves to the satisfaction of the competent authorities of the Member State concerned that:

(a) species held on board were caught outside the NAFO Regulatory Area, or

(b) species held on board and listed in Annex II were caught in accordance with the Conservation and Enforcement Measures of NAFO.

4. A Member State denying landing or transhipment shall inform the master of the vessels of this decision.

Article 58

Measures in respect of Non-Contracting party vessels

1 Member States shall take all necessary measures in accordance with national and Community law, in order that

(a) no license or special fishing permit is issued to vessels appearing in the IUU list to fish in waters under their sovereignty or jurisdiction;

(b) their flag is not granted to vessels appearing on the IUU list;

(c) vessels appearing on the IUU list are not authorised to land, tranship, refuel or re-supply, except for reasons of force majeure, or engage in fishing operations or in any other activity in preparation for or related to fishing in their ports or waters under their sovereignty or jurisdiction;

(d) importers, transporters and other sectors concerned are encouraged to refrain from negotiating with and from transhipping fish caught by vessels appearing on the IUU list;

(e) all information regarding the vessels appearing on the IUU list is collected and exchanged with other Contracting Parties, Non-Contracting Parties and other Regional fisheries Organisations for the purpose of detecting, and preventing the use of false import/export certificates regarding fish from such vessels.

2. Fishing vessels, including support vessels, refuel vessels, mother ships and cargo vessels flying the flag of Member States are prohibited from assisting in any way, or participating in transhipment or any other activity in preparation for or related to fishing or joint fishing activities with, vessels appearing on the IUU list.

3. The chartering of a vessel appearing on the IUU list is prohibited.

Chapter VII Final Provisions

Article 59 Procedures for amendments

The provisions in this Regulation may be amended to apply NAFO conservation measures which become obligatory for the Community, in accordance with the procedure laid down in Article 30(2) of Regulation (EC) No 2371/2002.

Article 60 Repeal

Regulations (EC) No 1262/00, (EC) No 3069/95, (EC) No 3680/93, (EEC) No 189/92, (EEC) No 1956/88 and (EEC) No 2868/88 are hereby repealed.

Article 61

This Regulation shall enter into force on the 20th day following that of its publication in the Official Journal of the European Union .

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels,

For the Council

The President

ANNEX I List of species

Common English Name | Scientific Name | 3-Alpha Code | Common English Name | Scientific Name | 3-Alpha Code |

Groundfish | Groundfish (continued) |

Atlantic Cod | Gadus morhua | COD | Polar cod | Boreogadus saida | POC |

Haddock | Melanogrammus aeglefinus | HAD | Roundnose grenadier | Coryphaenoides rupestris | RNG |

Atlantic redfishes | Sebastes sp. | RED | Roughhead grenadier | Macrourus berglax | RHG |

Golden redfish | Sebastes marinus | REG | Sandeels (=Sand Lances) | Ammodytes sp. | SAN |

Beaked redfish (deepwater) | Sebastes mentella | REB | Sculpins | Myoxocephalus sp. | SCU |

Acadian redfish | Sebastes fasciatus | REN | Scup | Stenotomus chrysops | SCP |

Silver hake | Merluccius bilinearis | HKS | Tautog | Tautoga onitis | TAU |

Red hake* | Urophycis chuss | HKR | Tilefish | Lopholatilus chamaeleonticeps | TIL |

Pollock (=Saithe) | Pollachius virens | POK | White hake* | Urophycis tenuis | HKW |

American plaice | Hippoglossoides platessoides | PLA | Wolffishes (NS) | Anarhicas sp. | CAT |

Witch flounder | Glyptocephalus cynoglossus | WIT | Atlantic wolffish | Anarhichas lupus | CAA |

Yellowtail flounder | Limanda ferruginea | YEL | Spotted wolffish | Anarhichas minor | CAS |

Greenland halibut | Reinharditius hippoglossoides | GHL | Groundfish (NS) | GRO |

Atlantic halibut | Hippoglossus hippoglossus | HAL | Pelagics |

Winter flounder | Pseudopleuronectes americanus | FLW | Atlantic herring | Clupea harengus | HER |

Summer flounder | Paralichthys dentatus | FLS | Atlantic mackerel | Scomber scombrus | MAC |

Windowpane flounder | Scophthalmus aquosus | FLD | Atlantic butterfish | Peprilus triacanthus | BUT |

Flatfishes (NS) | Pleuronectiformes | FLX | Atlantic menhaden | Brevoortia tyrannus | MHA |

American angler (=Goosefish) | Lophius americanus | ANG | Atlantic saury | Scomberesox saurus | SAU |

Atlantic searobins | Prionotus sp. | SRA | Bay anchovy | Anchoa mitchilli | ANB |

Atlantic tomcod | Microgadus tomcod | TOM | Bluefish | Pomatomus saltatrix | BLU |

Blue antimora | Antimora rostrata | ANT | Crevalle jack | Caranx hippos | CVJ |

Blue whiting | Micromesistius poutassou | WHB | Frigate tuna | Auxis thazard | FRI |

Cunner | Tautogolabrus adspersus | CUN | King mackerel | Scomberomourus cavalla | KGM |

Cusk (=Tusk) | Brosme brosme | USK | Atlantic Spanish mackerel | Scomberomourus maculatus | SSM |

Greenland cod | Gadus ogac | GRC | Sailfish | Istiophorus platypterus | SAI |

Blue ling | Molva dypterygia | BLI | White marlin | Tetrapturus albidus | WHM |

Ling | Molva molva | LIN | Blue marlin | Makaira nigricans | BUM |

Lumpfish =(Lumpsucker) | Cyclopterus lumpus | LUM | Swordfish | Xiphias gladius | SWO |

Northern kingfish | Menticirrhus saxatilis | KGF | Albacore tuna | Thunnus alalunga | ALB |

Northern puffer | Sphoeroides maculatus | PUF | Atlantic bonito | Sarda sarda | BON |

Eelpouts (NS) | Lycodes sp. | ELZ | Little tunny | Euthynnus alletteratus | LTA |

Ocean pout | Macrozoarces americanus | OPT | Bigeye tunny | Thunnus obesus | BET |

Common English Name | Scientific Name | 3-Alpha Code | Common English Name | Scientific Name | 3-Alpha Code |

Pelagics (continued) | Invertebrates (continued) |

Northern bluefin tuna | Thunnus thynnus | BFT | Marine worms (NS) | Polycheata | WOR |

Skipjack tuna | Katsuwonus pelamis | SKJ | Horseshoe crab | Limulus polyphemus | HSC |

Yellowfin tuna | Thunnus albacares | YFT | Marine invertebrates (NS) | Invertebrata | INV |

Tunas (NS) | Scombridae | TUN | Other Fish |

Pelagic fish (NS) | PEL | Alewife | Alosa pseudoharengus | ALE |

Invertebrates | Amberjacks | Seriola sp. | AMX |

Long-finned squid (Loligo) | Loligo pealei | SQL | American conger | Conger oceanicus | COA |

Short-finned squid (Illex) | Illex illecebrosus | SQI | American eel | Anguilla rostrata | ELA |

Squids (NS) | Loliginidae, Ommastrephidae | SQU | Atlantic hagfish | Myxine glutinosa | MYG |

Atlantic razor clam | Ensis directus | CLR | American shad | Alosa sapidissima | SHA |

Hard clam | Mercenaria mercenaria | CLH | Argentines (NS) | Argentina sp. | ARG |

Ocean quahog | Arctica islandica | CLQ | Atlantic croaker | Micropogonias undulatus | CKA |

Soft clam | Mya arenaria | CLS | Atlantic needlefish | Strongylura marina | NFA |

Surf clam | Spisula solidissima | CLB | Atlantic salmon | Salmo salar | SAL |

Stimpson's surf clam | Spisula polynyma | CLT | Atlantic silverside | Menidia menidia | SSA |

Clams (NS) | Prionodesmacea, Teleodesmacea | CLX | Atlantic thread herring | Opisthonema oglinum | THA |

Bay scallop | Argopecten irradians | SCB | Barid's slickhead | Alepocephalus bairdii | ALC |

Calico scallop | Argopecten gibbus | SCC | Black drum | Pogonias cromis | BDM |

Iceland scallop | Chylamys islandica | ISC | Black seabass | Centropristis striata | BSB |

Sea scallop | Placopecten magellanicus | SCA | Blueback herring | Alosa aestivalis | BBH |

Scallops (NS) | Pectinidae | SCX | Capelin | Mallotus villosus | CAP |

American cupped oyster | Crassostrea virginica | OYA | Chars (NS) | Salvelinus sp. | CHR |

Blue mussel | Mytilus edulis | MUS | Cobia | Rachycentron canadum | CBA |

Whelks (NS) | Busycon sp. | WHX | Common (Florida) pompano | Trachinotus carolinus | POM |

Periwinkles (NS) | Littorina sp. | PER | Gizzard shad | Dorosoma cepedianum | SHG |

Marine molluscs (NS) | Mollusca | MOL | Grunts (NS) | Pomadasyidae | GRX |

Atlantic rock crab | Cancer irroratus | CRK | Hickory shad | Alosa mediocris | SHH |

Blue crab | Callinectes sapidus | CRB | Lanternfish | Notoscopelus sp. | LAX |

Green crab | Carcinus maenas | CRG | Mullets (NS) | Mugilidae | MUL |

Jonah crab | Cancer borealis | CRJ | North atlantic harvestfish | Peprilus alepidotus (=paru) | HVF |

Queen crab | Chionoecetes opilio | CRQ | Pigfish | Orthopristis chrysoptera | PIG |

Red crab | Geryon quinquedens | CRR | Rainbow smelt | Osmerus mordax | SMR |

Stone king crab | Lithodes maia | KCT | Red drum | Sciaenops ocellatus | RDM |

Marine crabs (NS) | Reptantia | CRA | Red porgy | Pagrus pagrus | RPG |

American lobster | Homarus americanus | LBA | Rough scad | Trachurus lathami | RSC |

Northern prawn | Pandalus borealis | PRA | Sand perch | Diplectrum formosum | PES |

Aesop shrimp | Pandalus montagui | AES | Sheepshead | Archosargus probatocephalus | SPH |

Penaeus shirmps (NS) | Penaeus sp. | PEN | Spot croaker | Leiostomus xanthurus | SPT |

Pink (=Pandalid) shrimps | Pandalus sp. | PAN | Spotted weakfish | Cynoscion nebulosus | SWF |

Marine crustaceans (NS) | Crustacea | CRU | Squeteague (Gray Weakfish) | Cynoscion regalis | STG |

Sea-urchin | Strongylocentrotus sp. | URC | Striped bass | Morone saxatilis | STB |

Common English Name | Scientific Name | 3-Alpha Code |

Other fish (continued) |

Sturgeons (NS) | Acipenseridae | STU |

Tarpon | Tarpon (=megalops) atlanticus | TAR |

Trouts (NS) | Salmo sp. | TRO |

White perch | Morone americana | PEW |

Alfonsinos (NS) | Beryx sp. | ALF |

Spiny (=picked ) dogfish | Squalus acantias | DGS |

Dogfishes (NS) | Squalidae | DGX |

Sand Tiger shark | Odontaspis taurus | CCT |

Porbeagle | Lamna nasus | POR |

Shortfin mako shark | Isurus oxyrinchus | SMA |

Dusky shark | Carcharhinus obscurus | DUS |

Great Blue shark | Prionace glauca | BSH |

Large sharks (NS) | Squaliformes | SHX |

Atlantic Sharpnose shark | Rhizoprionodon terraenova | RHT |

Black Dogfish | Centroscyllium fabricii | CFB |

Boreal (Greenland) shark | Sonmnousus microcephalus | GSK |

Basking shark | Cetorhinus maximus | BSK |

Skates (NS) | Raja sp. | SKA |

Little skate | Leucoraja erinacea | RJD |

Arctic skate | Amblyraja hyperborea | RJG |

Barndoor skate | Dipturus laevis | RJL |

Winter skate | Leucoraja ocellata | RJT |

Thorny skate (Starry Ray) | Amblyraja radiata | RJR |

Smooth skate | Malcoraja senta | RJS |

Spinytail skate (Spinetail Ray) | Bathyraja spinicauda | RJO |

Finfishes (NS) | FIN |

In accordance with a recommendation adopted by STACRES at the 1970 Annual Meeting (ICNAF Redbook 1970, Part I, Page 67), hakes of the Genus Urophycis are designated as follows for statistical reporting: (a) hake reported from SubAreas 1, 2, and 3, and Divisions 4R, S, T and V be designated as white hake, Urophycis tenuis ; (b) hake taken by line gears or any hake greater than 55 cm standard length, reagardless of how caught, from Divisions 4W and X, SubArea 5 and Statistical Area 6 be designated as white hake, Urophycis tennuis ; (c) Except as noted in (b), other hake of the Genus Urophycis taken in Divisions 4W and X, SubArea 5 and Statistical Area 6 be designated as red hake, Urophycis chuss.

ANNEX II

The list that follows is a partial list of stocks that needs to be reported in accordance with Article 19. |

ANG/N3NO. | Lophius americanus | American angler |

CAA/N3LMN. | Anarhichas lupus | Atlantic wolfish |

CAP/N3LM. | Mallotus villosus | Capelin |

CAT/N3LMN. | Anarhichas spp. | Catfishes (Wolffishes) nei |

HAD/N3LNO. | Melanogrammus aeglefinus | Haddock |

HAL/N23KL. | Hippoglossus hippoglossus | Atlantic halibut |

HAL/N3M. | Hippoglossus hippoglossus | Atlantic halibut |

HAL/N3NO. | Hippoglossus hippoglossus | Atlantic halibut |

HER/N3L. | Clupea harengus | Herring |

HKR/N2J3KL | Urophycis chuss | Red hake |

HKR/N3MNO. | Urophycis chuss | Red hake |

HKS/N3NLMO | Merlucius bilinearis | Silver hake |

RNG/N23. | Coryphaenoides rupestris | Roundnose grenadier |

HKW/N2J3KL | Urophycis tenuis | White hake |

POK/N3O. | Pollachius virens | Pollock (=Saithe) |

RHG/N23. | Macrourus berglax | Roughhead grenadier |

SKA/N2J3KL | Raja spp. | Skates |

SKA/N3M. | Raja spp. | Skates |

SQI/N56. | Illex illecebrosus | Short fin squid |

VFF/N3LMN. | - | Fishes unsorted, unidentified |

WIT/N3M. | Glyptocephalus cynoglossus | Witch flounder |

YEL/N3M. | Limanda ferruginea | Yellow tail flounder |

ANNEX III Minimum Fish Size [?]

Species | Gilled and gutted fish whether or not skinned; fresh or chilled, frozen, or salted. |

Whole | Head Off | Head and Tail Off | Head Off and Split |

Atlantic Cod | 41 cm | 27 cm | 22 cm | 27/25 cm[?] |

Greenland halibut | 30 cm | N/A | N/A | N/A |

American plaice | 25 cm | 19 cm | 15 cm | N/A |

Yellowtail flounder | 25 cm | 19 cm | 15 cm | N/A |

ANNEX IV

Recording of Catch (Logbook Entries)

FISHING LOGBOOK ENTRIES

Item of Information S tandard Code

Vessel name 01

Vessel nationality 02

Vessel registration number 03

Registration port 04

Types of gear used (separate record for different gear types) 10

Type of gear Date - day 20

- Month 21

- year 22

Position - latitude 31

- longitude 32

- statistical Area 33

(No. of hauls during the 24-hour period 40

(No. of hours gear fished during the 24-hour period 41

Species names (Annex II)

Daily catch of each species (metric tons round fresh weight) 50

Daily catch of each species for human consumption in the form of fish 61

Daily catch of each species for reduction 62

Daily discard of each species 63

Place(s) of transhipment 70

Date(s) of transhipment 71

Master's signature 80

Gear Codes

Gear Categories | Standard Abbreviation Code | Gear Categories | Standard Abbreviation Code |

SURROUNDING NETS | GILLNETS AND ENTANGLING NETS |

With purse lines (purse seines) | PS | Set gillnets (anchored) | GNS |

One boat operated purse seines Two boat operated purse seines | PS1 PS2 | Drift nets | GND |

Without purse lines (lampara) | LA | Encircling gillnets | GNC |

Fixed gillnets (on stakes) | GNF |

SEINE NETS | SB | Trammel nets | GTR |

Boat or vessel seines | SV | Combined gillnets-Trammel nets | GTN |

Danish seines | SDN | Gillnets and entangling nets (not specified) | GEN |

Scottish seines | SSC | Gillnets (not specified) | GN |

Pair seines | SPR |

Seine nets (not specifed) | SX | TRAPS |

Stationary uncovered pound-nets | FPN |

TRAWLS | Stationary uncovered pound-nets | FPN |

Pots | FPO | Fyke nets | FYK |

Bottom trawls | Stow nets | FSN |

Beam trawls | TBB | Barriers, fences, weirs, etc. | FWR |

Otter trawls[?] | OTB | Aerial traps | FAR |

Pair trawls | PTB | Traps (not specified) | FIX |

Nephrops trawls | TBN |

Shrimp trawls | TBS | HOOKS AND LINES |

Bottom trawls (not specified) | TB | Hand-lines and pole-lines (hand operated)[?] | LHP |

Midwater trawls | Hand-lines and pole-lines (mechanized)8 | LHM |

Otter trawls | OTM | Set lines (longlines set) | LLS |

Pair trawls | PTM | Drifting longlines | LLD |

Shirmp trawls | TMS | Longlines (not specified) | LL |

Midwater trawls (not specified) | TM | Trolling lines | LTL |

Otter twin trawls | OTT | Hooks and lines (not specified)[?] | LX |

Otter trawls (not specified) | OT |

Pair trawls (not specified) | PT | GRAPPLING AND WOUNDING |

Other trawls (not specified) | TX | Harpoons | HAR |

DREDGES | HARVESTING MACHINES |

Boat dredges | DRB | Pumps | HMP |

Hand dredges | DRH | Mechanized dredges | HMD |

Harvesting machines (not specified) | HMX |

LIFT NETS |

Portable lift nets | LNP | MISCELLANEOUS GEAR[?] | MIS |

Boat operated lift nets | LNB |

Shore operated stationary lift nets | LNS | RECREATIONAL FISHING GEAR | RG |

Lift nets (not specified) | LN |

GEAR NOT KNOWN OR NOT SPECIFIED | NK |

FALLING GEAR |

Cast nets | FCN |

Falling Gear (not specified) | FG |

Fishing Vessel Codes

1. MAIN VESSEL TYPES

FAO Code | Type of vessel | FAO Code | Type of vessel |

BO | Protection vessel | NOX | Lift netter NEI |

CO | Fish training vessel | PO | Vessel using pumps |

DB | Dredger non continuous | SN | Seine netter |

DM | Dredger continuous | SO | Seiner |

DO | Beamer | SOX | Seiner NEI |

DO | Dredger NEI | SP | Purse seiner |

FO | Fish carrier | SPE | Purse seiner european |

FX | Fishing vessel NEI | SPT | Tuna purse seiner |

GO | Gill netter | TO | Trawler |

HOX | Mother ship NEI | TOX | Trawlers NEI |

HSF | Factory mother ship | TS | Side trawler |

KO | Hospital ship | TSF | Side trawler freezer |

LH | Hand liner | TSW | Side trawler wetfish |

LL | Long liner | TT | Stern trawler |

LO | Liner | TTF | Stern trawler freezer |

LP | Pole and line vessel | TTP | Stern trawler factory |

LT | Troller | TU | Outrigger trawlers |

MO | Multipurpose vessels | WO | Trap setter |

MSN | Seiner hand liner | WOP | Pot vessels |

MTG | Trawler drifter | WOX | Trap setters NEI |

MTS | Trawler purse seiner | ZO | Fish research vessel |

NB | Lift netter tender | DRN | Drifnetter |

NO | Lift netter |

NEI = Not Elsewhere Identified

2. MAIN VESSEL ACTIVITIES

Alfa Code | Category |

ANC | Anchoring |

DRI | Drifting |

FIS | Fishing |

HAU | Hauling |

PRO | Processing |

STE | Steaming |

TRX | Trans-shipping on or off loading |

OTH | Others - to be Specified |

ANNEX V

Authorised Topside Chafers

1. ICNAF-TYPE TOPSIDE CHAFER

The ICNAF-type topside chafer is a rectangular piece of netting to be attached to the upper side of the codend of the trawl net to reduce and prevent damage so long as such netting conforms to the following conditions:

a) this netting shall have a mesh size not less than that specified for the codend in Article 5 ;

b) This netting may be fastened to the codend only along the forward and lateral edges of the netting and at no other place in it, and shall be fastened in such a manner that it extends forward of the splitting strap no more than four meshes and ends not less than four meshes in front of the cod line mesh; where a splitting strap is not used, the netting shall not extend to more than one-third of the codend measured from not less than four meshes in front of the cod line mesh;

c) the width of this netting shall be at least one and a half times the width of the Area of the codend which is covered, such widths to be measured at right angles to the long axis of the codend.

[pic]

2. MULTIPLE FLAP-TYPE TOPSIDE CHAFER

The multiple flap-type topside chafer is defined as pieces of netting having in all their parts meshes the size of which, whether the pieces of netting are wet or dry, is not less than that of the codend, provided that:

(i) each piece of netting

(a) is fastened by its forward edge only across the codend at right angles to its long axis;

(b) is of a width of at least the width of the codend (such width being measured at right angles to the long axis of the codend at the point of attachment); and

(c) is not more than the meshes long; and

(ii) the aggregate length of all the pieces of netting so attached does not exceed two-thirds of the length of the codend

[pic]

POLISH CHAFER

3. LARGE-MESH (MODIFIED POLISH-TYPE) TOPSIDE CHAFER

THE large-mesh topside chafer consists of a rectangular piece of netting made of the same twine material as the codend, or of a single, thick, knotless twine material, attached to the rear portion of the upper side of the codend and extending over all or any part of the upper side of the codend and having in all its parts a mesh size twice that of the codend when measured wet and fastened to the codend along the forward, lateral and rear edges only of the netting in such a way that each mesh of the netting coincides with four meshes of the codend.

[pic]

ANNEX VI

SHRIMP TRAWL TOGGLE CHAINS: NAFO Area

Toggle chains are chains, ropes, or a combination of both, which attach the footrope to the fishing line or bolchline at varying intervals. The terms “fishing line“and “bolchline” are interchangeable. Some vessels use one line only; others use both a fishing line and a bolchline as shown in the sketch. The toggle chain length shall be measured from the center of the chain or wire running through the footrope (center of footrope) to the underside of the fishing line.

The attached sketch shows how to measure the toggle chain length.

[pic]

ANNEX VII

Format for the communication of catches and reports by fishing vessels

1. “CATCH ON ENTRY” REPORT

Data Element: | Field Code | Mandatory/Optional | Remarks: |

Start record | SR | M | System detail; indicates start of record |

From | FR | M | Name of transmitting Party |

Address | AD | M | Message detail; destination, “XNW” for NAFO |

Sequence Number | SQ | M | Message detail; serial number in current year |

Type of Message | TM | M | Message detail; message type, “COE” as Entry report |

Radio call sign | RC | M | Vessel registration detail; international radio call sign of the vessel |

Trip Number | TN | O | Activity detail; fishing trip serial number in current year |

Vessel Name | NA | O | Vessel registration detail; name of the vessel |

Master Name | MA | M | Name of the master of vessel |

External Registration Number | XR | O | Vessel registration detail; the side number of the vessel. |

Latitude | LA | M | Activity detail; position at time of transmission |

Longitude | LO | M | Activity detail; position at time of transmission |

Relevant Area | RA | M | NAFO Division into which the vessel is about to enter |

Date | DA | M | Message detail; date of transmission |

Time | TI | M | Message detail; time of transmission |

On Board | OB | M | Total round weight of fish by species (3-alpha code) on board upon entry into the NAFO Regulatory Area in kilograms rounded to the nearest 100 kilograms. Allow several pairs of fields, consisting of species +9 weight, with each field separated by a space, e.g. //OB/species weight species weight species weight// |

Directed Species | DS | M | Directed species. Allow several species to be entered with the value separated by spaces, e.g. //DS/species species species// |

End of record | ER | M | System detail; indicates end of the record |

2. “ENTRY” REPORT

Data Element: | Field Code | Mandatory/Optional | Remarks: |

Start record | SR | M | System detail; indicates start of record |

From | FR | M | Name of transmitting Party |

Address | AD | M | Message detail; destination, “XNW” for NAFO |

Sequence Number | SQ | M | Message detail; serial number in current year |

Type of Message | TM | M | Message detail; message type, “ENT” as Entry report |

Radio call sign | RC | M | Vessel registration detail; international radio call sign of the vessel |

Trip Number | TN | O | Activity detail; fishing trip serial number in current year |

Vessel Name | NA | O | Vessel registration detail; name of the vessel |

External Registration Number | XR | O | Vessel registration detail; the side number of the vessel. |

Latitude | LA | M | Activity detail; position at time of transmission |

Longitude | LO | M | Activity detail; position at time of transmission |

Relevant Area | RA | M | NAFO Division into which the vessel has entered |

Date | DA | M | Message detail; date of transmission |

Time | TI | M | Message detail; time of transmission |

End of record | ER | M | System detail; indicates end of the record |

3. “CATCH” REPORT

Data Element | Field Code | Mandatory/Optional | Remarks: |

Start record | SR | M | System detail; indicates start of record |

Address | AD | M | Message detail; destination, “XNW” for NAFO |

Sequence Number | SQ | M | Message detail; message serial number in current year |

Type of Message | TM | M | Message detail; message type, “CAT” as Catch report |

Radio call sign | RC | M | Vessel registration detail; international radio call sign of the vessel |

Trip Number | TN | O | Activity detail; fishing trip serial number in current year |

Vessel Name | NA | O | Vessel registration detail; name of the vessel |

Contracting Party Internal Reference Number | IR | O | Vessel registration detail; unique Contracting Party vessel number as ISO-3 flag state code followed by number |

External Registration Number | XR | O | Vessel registration detail; the side number of the vessel |

Latitud