[pic] | COMMISSION OF THE EUROPEAN COMMUNITIES |

Brussels, 16.4.2009

COM(2009) 173 final

Proposal for a

COUNCIL REGULATION

amending Council Regulation(EC) No 1386/2007 laying down conservation and enforcement measures applicable in the Regulatory Area of the Northwest Atlantic Fisheries Organisation

(presented by the Commission)

EXPLANATORY MEMORANDUM

The purpose of Council Regulation (EC) No 1386/2007 of 22 October 2007 is to implement conservation and enforcement measures adopted by the Northwest Atlantic fisheries Organisation (NAFO) in Community law.

The conservation and enforcement measures of NAFO are subject to review at each annual meeting of NAFO.

During its 2008 annual meeting, held in Vigo, Spain, between 22-26 September, and during an Extraordinary meeting in May 2008, NAFO adopted a number of modifications to these conservation and enforcement measures. The following modifications were adopted:

- Comprehensive measures to deal with bottom fishing activities following the adoption of Resolution 61/105 by the General Assembly of the United Nations;

- Various conditions for the shrimp fishery in the Regulatory Area;

- Introduction of an additional closed Area to protect vulnerable seamounts;

- Introduction of additional port state measures which effectively closes European ports to landings or transhipments of fisheries products which have not been verified to be legal by the flag State.

These modifications were adopted with the support of the Community following consultations with Member States, concerned industry and non governmental organisations.

These modifications are binding and should therefore be implemented in Community law, taking into account the Council Regulation (EC) No 1005/2008 establishing a Community system to prevent, deter and eliminate illegal, unreported and unregulated fishing (the "IUU Regulation"), which will apply from 1 January 2010.

The purpose of this proposal is to introduce the necessary amendments to Council Regulation (EC) No 1386/2007.

The proposal falls under the exclusive competence of the Community. The subsidiary principle does therefore not apply.

The proposal has no implications for the Community budget.

The legal basis for the proposal is the review clause in Article 70 of Council Regulation 1386/2007.

The Council is hereby requested to adopt this proposal as soon as possible.

Proposal for a

COUNCIL REGULATION

amending Council Regulation(EC) No 1386/2007 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,

Having regard to Council Regulation (EC) No 1386/2007of 22 October 2007 laying down conservation and enforcement measures applicable in the Regulatory Area of the Northwest Atlantic Fisheries Organisation, and in particular Article 70 thereof,

Having regard to the proposal from the Commission[1],

Whereas:

(1) Council Regulation (EC) No 1386/2007 implements certain conservation and enforcement measures adopted by the Northwest Atlantic Fisheries Organisation (hereinafter referred to as "NAFO").

(2) At its thirtieth Annual meeting held in September 2008, NAFO adopted a number of amendments to its conservation and enforcement measures. Those amendments relate to measures on bottom fishing, closed areas to ensure seamount protection, labelling requirements and additional port state measures.

(3) Council Regulation (EC) No 1005/2008 establishing a Community system to prevent, deter and eliminate illegal, unreported and unregulated fishing (the "IUU Regulation"), will apply from 1 January 2010.

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EC) No 1386/2007 is amended as follows:

1. In Article 3, the following paragraphs are added:

"21. “Bottom fishing activities” means any fishing activity involving gear that contacts or is likely to contact the ocean bottom during the normal course of fishing operations.

22. “Existing bottom fishing areas” means areas where, as indicated by VMS and/or other geo-reference data, bottom fishing activities have been conducted at least in two years within a reference period of 1987 to 2007.

23. “New bottom fishing areas” means any area, other than existing bottom fishing areas, in which bottom fishing activities are conducted".

2. In Article 6, the following paragraph is added:

"4. Masters of Community vessels shall record coordinates pertaining to the start and end locations of any trial tow conducted in accordance with paragraph 3."

3. Article 11 is replaced by the following:

"Article 11

Special provisions for shrimp fishery in Division 3L

Fishing for shrimp in Division 3L shall take place in depths greater than 200 metres."

4. Article 12 is replaced by the following:

"Article 12

Fisheries restricted areas

1. The conduct of bottom fishing activities shall be prohibited in the following areas:

Area | Coordinate 1 | Coordinate 2 | Coordinate 3 | Coordinate 4 |

Orphan Knoll | 50.00.30N 47.00.30W | 51.00.30N 45.00.30W | 51.00.30N 47.00.30W | 50.00.30N 45.00.30W |

Corner Seamounts | 35.00.00 N 48.00.00 W | 36.00.00 N 48.00.00 W | 36.00.00 N 52.00.00 W | 35.00.00 N 52.00.00 W |

Newfoundland Seamounts | 43.29.00 N 43.20.00 W | 44.00.00 N 43.20.00 W | 44.00.00 N 46.40.00 W | 43.29.00 N 46.40.00 W |

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

Fogo Seamount 1 | 42.31.33 N 53.23.17 W | 42.31.33 N 52.33.37 W | 41.55.48 N 53.23.17 W | 41.55.48 N 52.33.37 W |

Fogo Seamount 2 | 41.07.22 N 52.27.49 W | 41.07.22 N 51.38.10 W | 40.31.37 N 52.27.49 W | 40.31.37 N 51.38.10 W |

2. The area in NAFO Division 3O defined by connecting the following coordinates (in numerical order and back to coordinate 1) shall be closed to all bottom fishing activities:

Coordinate No. | Latitude | Longitude |

1 | 42°53’00”N | 51° 00’ 00”W |

2 | 42°52’04”N | 51° 31’ 44”W |

3 | 43°24’13”N | 51° 58’ 12”W |

4 | 43°24’20”N | 51° 58’ 18”W |

5 | 43°39’38”N | 52° 13’ 10”W |

6 | 43°40’59”N | 52° 27’ 52”W |

7 | 43°56’19”N | 52° 39’ 48”W |

8 | 44°04’53”N | 52° 58’ 12”W |

9 | 44°18’38”N | 53° 06’ 00”W |

10 | 44°18’36”N | 53° 24’ 07”W |

11 | 44°49’59”N | 54° 30’ 00”W |

12 | 44°29’55”N | 54° 30’ 00”W |

13 | 43°26’59”N | 52° 55’ 59”W |

14 | 42°48’00”N | 51° 41’ 06”W |

15 | 42°33’02”N | 51° 00’ 00”W |

The following Chapter IIa is inserted:

"CHAPTER IIa

PROTECTION OF VULNERABLE MARINE ECOSYSTEMS

Article 12a

Definition of vulnerable marine ecosystems

For the purposes of this Chapter, “vulnerable marine ecosystems means”

(a) marine ecosystems that are unique or that contain rare species whose loss could not be compensated for by similar areas or ecosystems. These include:

(i) habitats that contain endemic species;

(ii) habitats of rare, threatened or endangered species that occur only in discrete areas;

(iii) nurseries or discrete feeding, breeding, or spawning areas.

(b) marine ecosystems that are necessary for the survival, function, spawning/reproduction or recovery of fish stocks, particular life-history stages (e.g. nursery grounds or rearing areas), or of rare, threatened or endangered marine species.

(c) marine ecosystems that are highly susceptible to degradation by anthropogenic activities.

(d) marine ecosystems that are characterized by populations or assemblages of species with one or more of the following characteristics:

(i) slow growth rates;

(ii) late age of maturity;

(iii) low or unpredictable recruitment; or

(iv) long-lived.

(e) marine ecosystems that are characterized by complex physical structures created by significant concentrations of biotic and abiotic features. In these ecosystems, ecological processes are usually highly dependent on these structured systems. Further, such ecosystems often have high diversity, which is dependent on the structuring organisms.

Article 12b

Definition of significant adverse impacts

For the purposes of this Chapter “significant adverse impacts” means impacts that compromise ecosystem structure or function in a manner that:

(a) impairs the ability of affected populations to replace themselves;

(b) degrades the long-term natural productivity of habitats; or

(c) causes, on more than a temporary basis, significant loss of species richness, habitat or community types.

Article 12c

Definition of vulnerable marine ecosystem indicator species

For the purposes of the Chapter, "vulnerable marine ecosystem indicator species" means antipatharians, gorgonians, cerianthid anemone fields, lophelia, and sea penfields

Article 12d

Definition of an encounter with vulnerable marine ecosystems

For the purposes of this Chapter, an "encounter with vulnerable marine ecosystems" means a catch, per gear set, of vulnerable marine ecosystem indicator species exceeding 100 kg of live coral and/or 1000 kg of live sponge.

Article 12e

Assessment of bottom fishing

1. Member States whose vessels intend to conduct bottom fishing activities in the NAFO Regulatory Area shall carry out an assessment of the known and anticipated impacts of those activities on vulnerable marine ecosystems. Member States shall only authorise bottom fishing activities in cases where the assessment concludes that such activities are not likely to have significant adverse impacts on vulnerable marine ecosystems.

2. For the purposes of the implementation of the assessment referred to in paragraph 1, Member States shall rely on the best scientific and technical information available concerning the location of vulnerable marine ecosystems in the areas in which their fishing vessels intend to operate. That information shall include, where available, scientific data on the basis of which the likelihood of occurrence of such ecosystems can be estimated.

3. The evaluation of the risk of significant adverse impacts on vulnerable marine ecosystems carried out under the assessment referred to in paragraph 1 shall take into account, as appropriate, differing conditions prevailing in new bottom fishing areas and existing bottom fishing areas.

4. Member States shall submit their assessment referred to in paragraph 1 to the Commission as soon as possible but not later than 1 May each year. That submission shall also include a description of the mitigation measures intended to prevent significant adverse impacts on vulnerable marine ecosystems. The Commission shall promptly forward this information to the NAFO Secretariat.

Article 12f

Bottom fishing activities in new bottom fishing areas

1. All fishing activities in new bottom fishing areas, or with bottom gear not previously used in the area concerned, shall be considered as exploratory fisheries and shall be conducted in accordance with an Exploratory Fishery Protocol referred to in paragraph 2

2. Member States, whose vessels intend to conduct fishing activities in new bottom fishing areas, or with bottom gear not previously used in the area concerned, shall set up an Exploratory Fishery Protocol using the templates established in Annex XVI.

3. The Exploratory Fishery Protocol shall include the following information:

(a) A harvesting plan which outlines target species, dates and areas. Area and effort restrictions shall be considered to ensure that fisheries occur on a gradual basis in a limited geographical area.

(b) A mitigation plan including measures to prevent significant adverse impacts to vulnerable marine ecosystems which may be encountered during the fishery.

(c) A catch monitoring plan which includes recording and reporting of all species caught, 100% satellite tracking and 100 % observer coverage. The reporting and recording must be sufficiently detailed to conduct an assessment of the activity, if required.

(d) A data collection plan to facilitate the identification of vulnerable marine ecosystems and species in the area fished.

4 Member States shall ensure that the exploratory bottom fishing activities be subject to the assessment procedure set forth in Article 12e.

5. Member States shall submit the exploratory fisheries protocol referred to in paragraph 2 and the assessment referred to in paragraph 3 to the Commission for onward transmission to the NAFO Secretariat. Member States shall ensure that the exploratory fishing activities are not authorised before this information has been received by the NAFO Secretariat.

Article 12g

Unforeseen encounters with vulnerable marine ecosystems in existing bottom fishing areas

1. Where, in the course of fishing operations, a vessel conducting fishing activities in existing bottom fishing areas encounters vulnerable marine ecosystem indicators, the master shall quantify the vulnerable marine ecosystem indicator species caught.

2. If the quantity of vulnerable marine ecosystem indicator species caught in a fishing operation, such as trawl tow or set of a gillnet or longline, is beyond the threshold defined in Article 12d, the provisions set out in paragraphs 3 and 4 of this Article shall apply.

3. The vessel master shall report the incident to the flag Member State, which without delay shall forward the information to the Executive Secretary through the Commission. The Commission shall immediately alert other Member States whose vessels operate in the Area. The relevant Member States shall immediately alert all fishing vessels in the area flying their flag.

4. The vessel master shall cease fishing and move away at least 2 nautical miles from the endpoint of the tow/set in the direction least likely to result in further encounters. The captain shall use his best judgment based on all available sources of information.

Article 12h

Unforeseen encounters with vulnerable marine ecosystems in new bottom fishing areas

1. Where, in the course of fishing operations, a vessel conducting fishing activities in new bottom fishing areas encounters vulnerable marine ecosystem indicators, the master shall quantify the vulnerable marine ecosystem indicator species caught. Observers deployed shall identify corals, sponges and other organisms to the lowest possible taxonomical level.

2. If the quantity of such species caught per gear set, such as trawl tow or set of a gillnet or longline, is beyond the threshold defined in Article 12a, the provisions set out in paragraphs 3, 4 and 5 of this Article shall apply.

3. The vessel master shall report the incident to the flag Member state, which without delay shall forward the information to the Executive Secretary through the Commission. The Commission shall immediately alert other Member States whose vessels operate in the Area. The relevant Member States shall immediately alert all fishing vessels in the area flying their flag.

4. A temporary closure shall apply of a two mile radius around an encounter position reported by a vessel flying the flag of a Contracting Party to NAFO. The reporting position is that provided by the vessel, either the endpoint of the tow/set or another position that the evidence suggests is closest to the exact encounter location. This temporary closure shall apply until such time when the NAFO Secretariat advises that the area can be reopened.

5. The vessel shall cease fishing and move away at least 2 nautical miles from the endpoint of the tow/set in the direction least likely to result in further encounters. The captain shall use his best judgment based on all available sources of information."

5. In Article 20, paragraph 2 is replaced by the following:

"2. All shrimp harvested in Divisions 3L and 3M and all Greenland halibut harvested in Subarea 2 and Divisions 3KLMNO shall be marked as having been caught in these respective zones."

6. In Article 47, the following point is added:

"(g) provide to an inspector upon request, coordinates pertaining to the start and end locations of any trial tow conducted in accordance with Article 6 paragraph 4."

7. The following Chapter Va is inserted:

"CHAPTER Va

Port State Control of vessels flying the flag of another Contracting Party

Article 63a

Scope

1. This Chapter shall apply to first landings or transhipments in ports of Member States, by fishing vessels flying the flag of another Contracting Party to NAFO of fish caught in the NAFO Regulatory Area or fish products originating from such fish.

2. This Chapter shall apply without prejudice to Regulations (EEC) No 2847/93 and (EC) No 1005/2008.

Article 63b

Designated ports

Member States shall designate ports to which fishing vessels may be permitted access for the purpose of landing or transhipment. Member States shall notify their designated ports to the Commission, which shall transmit the list of these ports to the NAFO Secretariat. Any subsequent amendments to the list shall be notified to the NAFO Secretariat no less than fifteen days before the amendment comes into effect.

Article 63c

Competent authority

1. Member States shall designate the competent authority which shall act as the contact point for the purposes of receiving notifications in accordance with Article 63d, receiving confirmation and issuing authorisations in accordance with Article 63e.

2. Member States shall advise the Commission about the competent authority name and its contact information. The Commission shall forward the information to the NAFO Secretariat.

Article 63d

Prior notice of entry into port

1. By way of derogation from Article 28e (1) of Regulation (EEC) No 2847/93, the masters of the fishing vessels referred to in Article 64 or their representative intending to call into a port to land or tranship shall notify the competent authority of the port Member State referred to in Article 63c at least three working days before the estimated time of arrival.

2. However a Member State may make provisions for another prior notification period, taking into account, inter alia, distance between fishing grounds and its port. Member States shall advise the Commission or a body designated by it of that prior notification period . The Commission shall forward the information to the NAFO Secretariat.

3. The prior notification shall be accompanied by the following forms with Part A duly completed:

(a) form PSC 1, as referred to in Annex XV (A), where the vessel intends to land or tranship its own catch;

(b) form PSC 2, as referred to in Annex XV (B), where the vessel intends to land or tranship catch that was received through transhipment. A separate form shall be used for each donor vessel;

(c) both forms PSC 1 and PSC 2, where the vessel intends to land or tranship both its own catch and catch that was received through transhipment.

4. Masters or their representative may cancel a prior notification by notifying the competent authorities of the port they intended to use, not later than 24 hours before the notified estimated time of arrival in the port. However, the port Member State may make provisions for another notification period. The notification shall be accompanied by a copy of the original PSC 1 or PSC 2 with the word “cancelled” written across it.

5. The competent authority of the port Member State shall forward a copy of the prior notification form as referred to in paragraphs 3 and 4 without delay to the flag State Contracting Party of the fishing vessel which intends to land/or tranship and, if that vessel has engaged in transhipment operations, to the flag State Contracting Party of donor vessels.

6. A copy of the form shall also be forwarded to the Commission or a body designated by it, which shall transmit it to the NAFO Secretariat without delay.

Article 63e

Authorisation to land or tranship

1. Landing or transhipment operations may only commence after authorisation has been given by the competent authority of the port Member State. Such authorisation shall only be given after the returning by the flag State of the copy of form PSC1 and/or form PSC2, transmitted pursuant to Article 63d (5) with part B duly completed, confirming that:

(a) the fishing vessel declared to have caught the fish had sufficient quota for the species declared;

(b) the declared quantity of fish on board has been duly reported by species and taken into account for the calculation of any catch or effort limitations that may be applicable;

(c) the fishing vessel declared to have caught the fish had authorization to fish in the areas declared; and

(d) the presence of the vessel in the area in which it has declared to have taken its catch has been verified by VMS data.

2. By way of derogation from paragraph 1 the competent authority of the port Member State may authorize all or part of a landing in the absence of the confirmation referred to in paragraph 1. In such cases the fish concerned shall be kept in storage under the control of the competent authority. The fish shall only be released to be sold, taken over or transported once the confirmation referred to in paragraph 1 has been received and checked by the competent authorities. If the confirmation has not been received within 14 days of the landing the competent authority of the port Member State may confiscate and dispose of the fish in accordance with national rules.

3. The competent authority of the port Member State shall notify without delay to the master its decision on whether or not to authorize the landing or transhipment by returning a copy of form PSC 1 and/or form PSC 2 with Part C duly completed. This copy shall also be transmitted to the Commission or a body designated by it without delay, which shall forward the information to the NAFO Secretariat.

Article 63f

Inspections

1. Unless otherwise required in a recovery plan, the port Member State shall carry out inspections of at least 15 % of all such landings or transhipments during each reporting year.

2. Inspections shall be conducted by authorized national inspectors who shall present credentials to the master of the vessel prior to the inspection.

3. The port Member State may invite inspectors of other Contracting Parties to accompany their own inspectors and observe the inspection of landings or transhipment operations in the context of this Chapter.

4. An inspection shall involve the monitoring of the entire discharge or transhipment in that port and the national inspectors shall as a minimum:

(a) cross-check against the quantities of each species landed or transhipped:

(i) the quantities by species recorded in the logbook

(ii) the catch and activity reports, and

(iii) all information on catches provided in the prior notification (PSC 1 or PSC 2)

(b) verify and record the quantities by species of catch remaining on board upon completion of landing or transhipment;

(c) verify any information from inspections carried out at sea;

(d) verify all nets on board and record mesh size measurements;

(e) verify fish size for compliance with minimum size requirements.

5. The national inspectors shall make all possible efforts to avoid unduly delaying the fishing vessel and ensure that the vessel suffers the minimum interference and inconvenience and that unnecessary degradation of the quality of the fish is avoided.

6. The master of a fishing vessel shall:

(a). co-operate with and assist in the inspection of the fishing vessel conducted pursuant to these procedures and shall not obstruct, intimidate or interfere with the port State inspectors in the performance of their duties;

(b) provide access to any areas, decks, rooms, catch, nets or other gear or equipment, and provide any relevant information which the port State inspectors request including copies of any relevant documents.

Article 63g

Serious infringements

1. The following infringements shall be considered serious:

(a) preventing inspectors from carrying out their duties;

(b) landing or transhipping in a port not designated;

(c) failure to comply with the provisions related to the pre-notification of arrival;

(d) landing or transhipping without authorization of the port Member State;

2. Each port Member State shall take enforcement measures with respect to a fishing vessel where it has been established in accordance with its laws that this vessel committed a serious infringement referred to in paragraph 1. The measures may include, in particular depending on the gravity of the offence and in accordance with the pertinent provisions of national law:

(a) fines

(b) seizure of illegal fishing gear and catches

(c) sequestration of the vessel.

Article 63h

Inspection reports

1. Each inspection shall be documented by completing the inspection report form as set out in Annex XII.

2. The inspection report may be commented upon by the master and shall be signed by the inspector and the master at the end of the inspection. A copy of the inspection report shall be given to the master of the fishing vessel.

3. A copy of each inspection report shall be transmitted without delay to the flag State of the inspected fishing vessel and to the flag State of the donor vessel where the vessel has engaged in transhipment operations. A copy shall also be sent to the Commission or a body designated by it without delay, which shall forward the information to the NAFO Secretariat. The original or a certified copy of each inspection report shall be forwarded on request to the flag State of the inspected vessel."

8. Article 68 is replaced by the following Articles 68 and 68a:

"Article 68

Entry into port

1. Without prejudice to Regulation (EEC) No 2847/93, to Regulation (EC) No 1093/94 and to Regulation (EC) No 1005/2008, Member States shall ensure that masters of non-Contracting Party vessels may only call into a port designated according to Article 63b. The master intending to call into a designated port shall notify the competent authority of the port Member State in accordance with the provisions of Article 63d. The port Member State shall forward without delay this information to the flag State of the vessel and to the Commission or a body designated by it, which shall transmit it without delay to the NAFO Secretariat.

2. The provisions of Articles 63d and 63e shall apply mutatis mutandis . The port Member State shall prohibit the entry into its ports of vessels that have not given the required prior notice referred to in paragraph 1 and for which the confirmation by the flag State referred to in Article 63e(1) has not been provided.

3. A Member State denying landing or transhipment shall inform the master of the vessel concerned of its decision.

Article 68a

Inspection in port

1. Member States shall ensure that each non-Contracting Party vessel which enters one of its ports is inspected by their competent authorities. The vessel shall not be allowed to land or tranship until this inspection has taken place. Such inspections shall include the vessels documents, logbooks, fishing gear, catch on board and any other matter relating to the vessel activity in the NAFO Regulatory Area.

2. If, on completion of inspection, the competent authorities find that the non-Contracting Party vessel holds on board any of the stocks or group of stocks regulated by NAFO or referred to in Annex II to this 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 vessels or his representative proves to the satisfaction of the competent authorities of the Member State concerned that:

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

(b) the 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 vessel concerned of its decision.

5. The inspection shall be documented by at least completing the inspection report form provided in Annex XII.

6. Information on the results of all inspections of non-Contracting Party vessels conducted in the ports of Member States, and any subsequent action, shall be transmitted without delay to the flag State of the vessel and to the Commission or a body designated by it, which shall transmit it without delay to the NAFO Secretariat."

9. In Annex V, point 3 is deleted.

10. In Annex XII, point A is replaced by the text in Annex I to this Regulation.

11. The text in Annex II to this Regulation is added as Annex XV.

12. The text in Annex III to this Regulation is added as Annex XVI.

Article 2

This Regulation shall enter into force on the seventh 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

A. "PORT INSPECTION REPORT" FORM

A. INSPECTION REFERENCE. Please use black ink |

Landing | Yes | No | Transhipment | Yes | No |

Port State | Port of landing or transhipment |

Vessel name | Flag State | IMO Number[2] | Int. Radio call sign |

Landing/transhipment started | Date | Time |

Landing/transhipment ended | Date | Time |

B. INSPECTION DETAILS |

Name of donor vessel[3] | IMO Number1 | Radio call sign | Flag State |

B 1. CATCH RECORDED IN THE LOGBOOK |

Species[4] Area of catch Declared live weight kg Conversion factor used |

B 2. FISH LANDED OR TRANSHIPPED |

Name of storage, name of competent authorities, deadline for receiving confirmation, ref. NEAFC art. 23.2 / NAFO art. 45.6 |

B 4. FISH RETAINED ON BOARD |

1.1.1. C. GEAR INSPECTION IN PORT (NAFO only) |

C1. General data |

Number of gear inspected | Date gear inspection |

Has the vessel been cited ? | Yes | No | If yes, complete the full “verification of inspection in port form. If no, complete the form with the exception of the NAFO Seal Details |

1.1.2. C2. Otter Trawl details |

NAFO Seal number | Is seal undamaged ? | Yes | No |

Gear type |

Attachments |

Grate Bar Spacing mm. |

Mesh type |

Average mesh sizes (mm) |

Trawl part |

Wings |

Body |

Lenghtening Piece |

Codend |

D. OBSERVATIONS BY THE MASTER |

I, …………………………………………………………….the undersigned, Master of the vessel …………………………………………...hereby confirm that a copy of this report have been delivered to me on this date. My signature does not constitute acceptance of any part of the contents of this report, except my own observations, if any. Signature: ______________________________________ Date : ____________ |

E. INFRINGEMENTS AND FOLLOW-UP |

E.1 Sea Inspection |

Infringements resulting from Inspections inside NAFO R.A. |

Inspection Party | Date of insp. | Division | NAFO CEM infringement legal reference |

E.2 Port Inspection Infringements results |

( a ) - Confirmation of Infringements found at sea inspection |

NAFO CEM infringement legal reference | National Infringement legal reference |

( b ) - Infringements found at sea inspection and not possible to be confirmed during the Port Inspection. |

Comments : |

( c ) - Additional infringements found during the Port Inspection |

NAFO CEM infringement legal reference | National Infringement legal reference |

Observations : |

F. DISTRIBUTION |

Copy to flag State | Copy to NEAFC Secretary | Copy to NAFO Executive Secretary |

ANNEX II

"ANNEX XV PORT STATE CONTROL NOTIFICATION FORMS

A – PSC 1

PORT STATE CONTROL FORM – PSC 1 |

PART A: To be completed by the Master of the Vessel. Please use black ink |

Name of Vessel: | IMO Number:1 | Radio Call Sign: | Flag State: |

Email Address: | Telephone Number: | Fax Number: | Inmarsat Number: |

Port of Landing or Transhipment: |

Estimated Time of Arrival: | Date: | Time UTC: |

Total catch on board – all areas | Catch to be landed2 |

Species3 | Product4 | Area of catch | Conversion factor | Product weight (kg) | Product weight (kg) |

PART B: For official use only – to be completed by the Flag State |

The Flag State of the vessel must respond to the following questions by marking in the box ”Yes” or ”No” | NEAFC CA | NAFO RA |

Yes | No | Yes | No |

a) The fishing vessel declared to have caught the fish had sufficient quota for the species declared |

b) The quantities on board have been duly reported and taken into account for the calculation of any catch or effort limitations that may be applicable |

c) The fishing vessel declared to have caught the fish had authorisation to fish in the area declared |

d) The presence of the fishing vessel in the area of catch declared has been verified according to VMS data |

Flag State confirmation: I confirm that the above information is complete, true and correct to the best of my knowledge and belief. |

Name and Title: | Date: |

Signature: | Official Stamp: |

PART C: For official use only – to be completed by the Port State |

Name of Port State: |

Authorisation: | Yes: | No: | Date: |

Signature: | Official Stamp: |

1. Fishing vessels not assigned an IMO number shall provide their external registration number |

2. If necessary an additional form or forms shall be used | 3. FAO Species Codes – NEAFC Annex V - NAFO Annex II | 4. Product presentations – NEAFC Appendix 1 to Annex IV – NAFO Annex XX (C) |

B – PSC 2

PORT STATE CONTROL FORM – PSC 2 |

PART A: To be completed by the Master of the Vessel. A separate form shall be completed for each donor vessel. Please use black ink |

Name of Vessel: | IMO Number:1 | Radio Call Sign: | Flag State: |

Email Address: | Telephone Number: | Fax Number: | Inmarsat Number: |

Port of Landing or Transhipment: |

Estimated Time of Arrival: | Date: | Time UTC: |

Catch Information for Donor Vessels*A separate form shall be completed for each Donor Vessel* |

Name of Vessel | IMO Number1 | Radio Call Sign | Flag State |

Total catch on board – all areas | Catch to be landed2 |

Species3 | Product4 | Area of catch | Conversion factor | Product weight (kg) | Product weight (kg) |

The Flag State of the vessel must respond to the following questions by marking in the "Yes" or "No" | NEAFC CA | NAFO RA |

Yes | No | Yes | No |

a) The fishing vessel declared to have caught the fish had sufficient quota for the species declared |

b) The quantities on board have been duly reported and taken into account for the calculation of any catch or effort limitations that may be applicable |

c) The fishing vessel declared to have caught the fish had authorisation to fish in the area declared |

d) The presence of the fishing vessel in the area of catch declared has been verified according to VMS data |

Flag State confirmation: I confirm that the above information is complete, true and correct to the best of my knowledge and belief. |

Name and Title: | Date: |

Signature: | Official Stamp: |

PART C: For official use only - to be completed by the Port State |

Name of Port State: |

Authorisation: | Yes: | No: | Date: |

Signature: | Official Stamp: |

1. Fishing vessels not assigned an IMO number shall provide their external registration number |

2. If necessary an additional form or forms shall be used | 3. FAO Species Codes – NEAFC Annex V - NAFO Annex II | 4. Product presentations – NEAFC Appendix 1 to Annex IV – NAFO Annex XX (C) |

"

ANNEX III

"ANNEX XVI TEMPLATES FOR THE EXPLORATORY PROTOCOL FOR NEW FISHING AREAS WHERE FISHING GEAR IS LIKELY TO CONTACT THE SEAFLOOR

I. MEMBER STATE SUBMITS NOTICE OF INTENT TO UNDERTAKE EXPLORATORY FISHING TO THE NAFO SECRETARIAT VIA THE COMMISSION

HARVESTING PLAN | MITIGATION PLAN | CATCH MONITORING | DATA COLLECTION |

TARGET SPECIES | MEASURES TO PREVENT SIGNIFICANT ADVERSE IMPACTS TO VMEs | IDENTIFY AND RECORD ALL SPECIES BROUGHT ONBOARD TO THE LOWEST POSSIBLE TAXONOMIC LEVEL | DATA WILL BE COLLECTED AND REPORTED IN A STANDARDIZED FORMAT |

FISHING DATES | 100% SATELLITE COVERAGE |

DESCRIPTION OF AREA TO BE FISHED | 100% OBSERVER COVERAGE |

ANTICIPATED EFFORT |

BOTTOM FISHING GEAR-TYPE(S) USED |

II. MEMBER STATE SUBMITS TRIP REPORT TO THE NAFO SECRETARIAT VIA THE COMMISSION

ADVANCED NOTICE OF INTENT TO UNDERTAKE EXPLORATORY FISHING[9]

NAME OF VESSEL:

FLAG STATE OF VESSEL:

ANTICIPATED LOCATION(S) OF EXPLORATORY FISHING ACTIVITIES (INCLUDE LAT/LONG):

ANTICIPATED DATES OF EXPLORATORY FISHING ACTIVITIES:

HAS ANY PREVIOUS FISHING BEEN UNDERTAKEN IN ADJACENT AREAS (IF SO, IDENTIFY INFORMATION SOURCE):

DEPTHS EXPECTED TO BE ENCOUNTERED DURING EXPLORATORY FISHING ACTIVITIES:

DO HABITAT MAPS OF THE AREA EXIST (IF SO, PLEASE IDENTIFY SOURCE(S)):

ARE TAXONOMIC KEYS IDENTIFYING POTENTIALLY VULNERABLE SPECIES AVAILABLE (IF SO, IDENTIFY SOURCES(S)):

KNOWN VULNERABLE MARINE ECOSYSTEMS (VMEs)[10] IN THE LOCATION(S) TO BE FISHED:

MITIGATION MEASURES TO PREVENT SIGNIFICANT ADVERSE IMPACT TO VMEs, IF ENCOUNTERED:

DO BATHYMETRIC MAPS OF THE EXPLORATORY AREA EXIST (IF SO, PLEASE IDENTIFY SOURCE(S)):

DOES ANY FISHERIES SCIENTIFIC INFORMATION IN THE EXPLORATORY AREA EXIST (IF SO, IDENTIFY SOURCE(S)):

TARGET SPECIES BEING SOUGHT:

WHAT GEAR TYPE(S) ARE BEING PROPOSED TO BE USED (PLEASE IDENTIFY) IN WHAT AREAS (INCLUDE LAT/LONG):

III. MEMBER STATE EXPLORATORY FISHING [11] TRIP REPORT SUBMITTED TO THE NAFO SCIENTIFIC COUNCIL

NAME OF VESSEL:

FLAG STATE OF VESSEL:

LOCATION(S ) OF AREAS FISHED (INCLUDE LAT/LONG):

DATES OF FISHING ACTIVITIES:

DEPTHS ENCOUNTERED DURING FISHING (LIST FOR EACH HAUL INCLUDING LAT/LONG):

TOTAL HOURS/AREA FISHED (LIST FOR EACH HAUL INCLUDING LAT/LONG):

GEAR TYPE(S) USED (PLEASE IDENTIFY) IN WHAT AREAS (INCLUDE LAT/LONG):

VULNERABLE MARINE ECOSYSTEMS (VMEs)[12] ENCOUNTERED (LIST FOR EACH HAUL INCLUDE LAT/LONG):

MITIGATION MEASURES TAKEN TO PREVENT SIGNIFICANT ADVERSE IMPACT TO VMEs IF ENCOUNTERED:

LIST OF ALL ORGANISMS (RETAINED, BYCATCH) BROUGHT ONBOARD (IDENTIFIED TO THE LOWEST TAXONOMIC UNIT):

LIST OF POTENTIAL VULNERABLE INDICATOR SPECIES[13] BROUGHT ONBOARD BY LOCATION (INCLUDE LAT/LONG):

LIST OF ORGANISMS RETAINED FOR BIOLOGICAL SAMPLING (E.G., LENGTH-WEIGHT, SEX, AGE), IF ANY:

Note: Data reporting should follow a standardized specification, for example, as adopted by Scientific Observer programs."

[1] OJ C, , p. .

[2] Fishing vessels not assigned an IMO number shall provide their external registration number.

[3] In case where a vessel has engaged in transhipment operations, a separate form shall be used for each donor vessel.

[4] FAO Species Codes – NEAFC Annex V - NAFO Annex II.

[5] FAO Species Codes – NEAFC Annex V - NAFO Annex II.

[6] Product presentations – NEAFC Appendix 1 to Annex IV – NAFO Annex XX (C).

[7] FAO Species Codes – NEAFC Annex V - NAFO Annex II.

[8] Product presentations – NEAFC Appendix 1 to Annex IV – NAFO Annex XX (C) .

[9] Exploratory fishing is defined as all bottom fishing activities in new areas or with bottom gear not previously used in the area concerned.

[10] Refer to FAO International Guideline for the Management of Deep-Sea Fisheries in the High Seas.

[11] Exploratory fishing is defined as all bottom fishing activities in new areas or with bottom gear not previously used in the area concerned.

[12] (Refer to FAO International Guideline for the Management of Deep-Sea Fisheries in the High Seas).

[13] Refer to Annex 1 FAO International Guideline for the Management of Deep-Sea Fisheries in the High Seas.