Proposal for a COUNCIL DECISION on the conclusion of the Agreement on fisheries in the form of an Agreed Minute, an Exchange of Letters, an Exchange of Notes and the annexes thereto, between the European Community and the Government of Canada
Date: 1995-06-12
Institutions: European Commission
Subjects: Canada, North-West Atlantic Fisheries Organisation, agreement (EU), conservation of fish stocks, fishery management, fishing agreement

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels,  12.06.1995 
COM(95)251  final 

95/0136(CNS) 

Proposal  for a 

COUNCIL DECISION 

on the conclusion  of the Agreement  on fishprip* in «.<>  #• 
an Exchange  of Lett/rs,  an t Z ^ Tt  NoT«anaTe 
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between the European ConununiJ 

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(presented  by the Commission) 

EXPLANATORY  MEMORANDUM 

Following  the extension  by Canada on 3 March  1995 of  its Coastal  Fisheries  protection  Act 
to  permit  the arrest  of  vessels  flying  the  flag  of  Spain  or  Portugal  in the  High  Seas  outside 
the Canadian  200-mile  zone,  and  the subsequent  arrest  by Canada of a vessel  flying  the  flag 
incidents,  a  Delegation  from  the  European 
of  Spain  on  9  March  1995  and  further 
Commission  met  with  a  delegation  of  the  Government  of  Canada  in  order  to  resolve  the 
dispute. 

The outcome of these  negotiations  is reflected  in an Agreed  Minute, an Exchange of  Letters, 
an  Exchange  of  Notes  and  the  annexes  thereto.  Essentially,  the  two parties  have  agreed  to 
enhance cooperation  on management and conservation  of  fisheries  reources  in the context of 
the  Northwest  Atlantic  Fisheries  Organization  (NAFO),  particularly  with  regard  to  control 
and enforcement  measures,  and to the allocation  of  the Total Allowable Catch for  Greenland 
halibut  in  the  area. 

This  proposal  on  the conclusion  of  the Agreement  is complementary  to  the  urgent  proposal 
of  16 April  1995  on  the  signature  and  provisional  application  of  the  Agreement  which  has 
led  to the adoption  of  the corresponding  Council  Decision  of  17 April  1995; both  proposals 
may  thus  be  regarded  as  one. 

A 

Proposal  for a 

COUNCIL  DECISION 

of 

on the  conclusion  of  the  Agreement  on  fisheries  in the  form  of  an  Agreed  Minute, 
an  Exchange  of  Letters,  an Exchange  of  Notes  and the  annexes  thereto, 
between  the  European  Community  and the  Government  of  Canada 

THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to'  the  Treaty  establishing  the  European  Community  and,  in  particular, 
Article  43  in conjunction  with  Article  228  (3),  first  subparagraph  thereof, 

Having  regard  to  the proposal  from  the  Commission, 

Having  regard  to  the opinion  of  the  European  Parliament, 

Whereas  the European Community and the government of Canada are committed to enhanced 
cooperation  in the conservation  and  rational  management  of  fish  stocks,  in particular  in the 
framework  of  the  Northwest  Atlantic  Fisheries  Organization  (NAFO); 

Whereas,  with a view  to  increasing  cooperation  in that  field,  the  European  Community  and 
Canada have agreed  to collaborate  further  on management arrangements  for  species  covered 
by  the  NAFO  Convention,  and  in particular  for  Greenland  halibut; 

Whereas  their  Agreement  is  reflected  in  an  Agreed  Minute,  an  Exchange  of  Letters,  an 
Exchange  of  Notes  and  the  Annexes  thereto,  which  was  initialled  on  16 April  1995; 

Whereas  it  is  in the  Community's  interest  to approve  the said  Agreement; 

DECIDES: 

Sole Article 

The  Agreement  on  fisheries  between  the  European  Community  and  Canada  in  the  form  of 
an Agreed  Minute,  an  Exchange  of  Letters,  an  Exchange  of  Notes  and  the  annexes  thereto 
is  hereby  approved  on behalf  of  the  Community. 

The  text  of  the  Agreed  Minute,  the  Exchange  of  Letters,  an  Exchange  of  Notes  and  the 
annexes  thereto  is  attached  to  this  Regulation. 

i. 

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

Done  at  Brussels. 

For  the  Council 
The  President 

3 

AGREEMENT 

CONSTITUTED  IN THE  FORM OF AN AGREED  MINUTE, 

AN  EXCHANGE  OF LETTERS, AN  EXCHANGE  OF NOTES 

AND  THE ANNEXES  THERETO  BETWEEN 

THE EUROPEAN  COMMUNITY 

AND  CANADA  ON FISHERIES  IN THE  CONTEXT 

OF THE  NAFO  CONVENTION 

v-

AGREED  MINUTE 

The  European  Community  and  Canada  have  agreed  as  follows: 

A.  CONTROL  AND  ENFORCEMENT 

1.  The  European  Community  and  Canada,  in  recognition  of  their  commitment  to 

enhanced  cooperation  in  the  conservation  and  rational  management  of  fish  stocks, 

and  the  pivotal  role  of  control  and  enforcement  in  ensuring  such  conservation, 

agree  that  the  proposals  set  out  in  Annex  I shall  constitute  the  basis  for  a 

submission  to  be  jointly  prepared  and  made  to  the  NAFO  Fisheries  Commission,  for 

its  consideration  and  approval,  to  establish  a  Protocol  to  strengthen  the 

NAFO  Conservation  and  Enforcement  Measures. 

2.  The  European  Community  and  Canada  shall  implement  immediately  on  a  provisional 

basis  the  control  and  enforcement  measures  contained  in  points  11.1,  II.2,  II.3,  II.4, 

II.7,  II.8,  II.9  (the  proposed  list  of  infringements  and  paragraphs  (i),  (iii)  and 

(v)  only),  11.10  and  11.11  of  Annex  I.  In  respect  of  point  11.11 .A,  the  Parties  shall 

deploy  observers  on  the  vessels  not  later  than  fifteen  days  following  the  signature 

of  the  Agreed  Minute.  Regarding  point  11.11,  the  satellite  tracking  devices  on  3 5% 

of  the  vessels  shall  be  installed  as  rapidly  as  realistically  possible  w h en  the  vessels 

concerned  make  a  port  call  or  depart  for  fishing  in  the  NAFO  Regulatory  Area. 

jf 

3.  The  European  Community  and  Canada  commit  themselves  to  seeking  on  an  urgent 

basis  the  support  of  other  NAFO  Contracting  Parties  for  the  adoption  of,  and 

subsequent  adherence  t o,  the  said  Protocol  in  advance  of  special  meetings  of  the 

NAFO  Standing  Committee  on  International  Control  (STACTIC)  starting  in 

April  1995  and  of  the  NAFO  Fisheries  Commission  to  be  convened  as  early  as 

possible  thereafter  in  May  1995  at  the  request  of  the  European  Community  and 

Canada.  The  Protocol  shall  enter  into  force  on  the  signature  of  a  majority  of 

NAFO  Contracting  Parties  in  the  form  agreed  t o.  The  European  Community  and 

Canada  are  convinced  that  by  September  1995  a  majority  of  the  NAFO  Contracting 

Parties  will  have  subscribed  to  the  measures.  The  European  Community  and 

Canada  shall  make  great  efforts  to  obtain  the  signature  to  the  Protocol  of  the  other 

NAFO  Contracting  Parties. 

4.  Canada  shall  submit  to  the  NAFO  Executive  Secretary,  in  advance  of  each  annual 

NAFO  meeting,  a  report  on  the  conservation  and  enforcement  measures  in  effect  in 

its  200-mile  zone  for  NAFO-managed  stocks.  The  report  shall  deal  w i th  the  range 

of  matters  dealt  w i th  in  the  NAFO  Conservation  and  Enforcement  Measures. 

5.  The  European  Community  and  Canada  shall  cooperate  to  improve  conservation  and 

enforcement  measures.  Toward  this  end,  Canada  shall  invite  experts  from  the 

European  Commission  to  exchange  information  and  to  brief  them  on  Canadian 

conservation  and  enforcement  measures  in  effect  in  the  Canadian  200-mile  zone 

for  NAFO-managed  stocks. 

£ 

6.  Under  the  Pilot  Project  for  Observers  and  Satellite  Tracking  described  in  Annex  I, 

observers  will  act  under  the  authority  of  the  European  Commission  for  the 

European  Community  and  the  Government  of  Canada  for  Canada,  and  will  be 

placed  on  vessels  as  soon  as  possible  in  accordance  w i th  the  provisions  set  out 

under  point  2  above.  Except  in  the  case  of  force  majeure,  vessels  without  an 

observer  will  not  be  allowed  to  continue  fishing  in  the  NAFO  Regulatory  Area 

beyond  the  period  referred  to  in  point  2  above.  The  European  Community  and 

Canada  will  both  monitor  on  a  regular  basis  the  effectiveness  and  efficiency  of  the 

observer  scheme  as  part  of  the  evaluation  of  the  said  Pilot  Project. 

B.  TOTAL  ALLOWABLE  CATCH  AND  CATCH  LIMITS 

In  light  of  their  mutual  interest  in  conservation,  the  European  Community  and  Canada 

reaffirm  their  commitment  to  the  level  of  27  0 00  tonnes  as  the  total  allowable  catch 

of  Greenland  halibut  for  1 9 95  in  NAFO  Sub-areas  2  and  3.  Bearing  this  in  mind,  and 

in  the  light  of  the  particular  circumstances  associated  w i th  the  management  of  the 

Greenland  halibut  resource  in  the  NAFO  Convention  Area,  the  European  Community 

and  Canada  agree  to  the  management  arrangements  for  Greenland  halibut  as  set  out  in 

Annex  II. 

? 

C.  OTHER  RELATED  ISSUES 

1.  Canada  shall  repeal  the  provisions  of  the  Regulation  of  3  March  1995  pursuant  to 

the  Coastal  Fisheries  Protection  A ct  which  subjected  vessels  from  Spain  and 

Portugal  to  certain  provisions  of  the  A ct  and  prohibited  these  vessels  from  fishing 

for  Greenland  halibut  in  the  NAFO  Regulatory  Area.  For  the  European  Community, 

any  re-insertion  by  Canada  of  vessels  from  any  European  Community 

Member  State  into  its  legislation  which  subjects  vessels  on  the  high  seas  to 

Canadian  jurisdiction  will  be  considered  as  a  breach  of  this  Agreed  Minute. 

2.  For  Canada,  any  systematic  and  sustained  failure  of  the  European  Community  to 

control  its  fishing  vessels  in  the  NAFO  Regulatory  Area  which  clearly  has  resulted 

in  violations  of  a  serious  nature  of  NAFO  conservation  and  enforcement  measures 

may  be  considered  as  a  breach  of  this  Agreed  Minute.  The  European  Community 

and  Canada  shall  consult  before  taking  any  action  on  the  foregoing. 

D.  GENERAL  PROVISIONS 

1.  The  European  Community  and  Canada  maintain  their  respective  positions  on  the 

conformity  of  the  amendment  of  25  May  1 9 94  to  Canada's  Coastal  Fisheries 

Protection  A c t,  and  subsequent  regulations,  w i th  customary  international  law  and 

the  NAFO  Convention.  Nothing  in  this  Agreed  Minute  shall  prejudice  any 

multilateral  convention  to  which  the  European  Community  and  Canada,  or  any 

Member  State  of  the  European  Community  and  Canada,  are  parties,  or  their  ability 

to  preserve  and  defend  their  rights  in  conformity  w i th  international  law,  and  the 

views  of  either  Party  w i th  respect  to  any  question  relating  to  the  Law  of  the  Sea. 

ff 

2.  Any  limitation  to  the  NAFO  Regulatory  Area  or  any  parts  thereof  of  the  measures 

referred  to  in  this  Agreed  Minute  shall  not  be  deemed  to  affect  or  prejudice  the 

position  of  the  European  Community  w i th  regard  to  the  status  of  the  areas  within 

w h i ch  coastal  States  exercise  their  fisheries  jurisdiction. 

E. 

IMPLEMENTATION 

The  provisions  of  this  Agreed  Minute,  w i th  its  annexes  as  an  integral  part  of  it,  shall 

be  provisionally  implemented  by  the  European  Community  and  Canada  upon  signature, 

pending  its  final  approval  through  an  exchange  of  notes. 

This  Agreed  Minute  shall  cease  to  apply  on  31  December  1 9 95  or  w h en  the  measures 

described  in  this  Agreed  Minute  are  adopted  by  NAFO,  if  this  is  earlier. 

Brussels,  16  April  1995 

On  behalf  of  the  European  Community 

For  the  Canadian  Government 

f 

ANNEX  I 

PROPOSAL  FOR  IMPROVING  FISHERIES  CONTROL AND  ENFORCEMENT 

BASIS  FOR CONSERVATION  AND  ENFORCEMENT  STRATEGY 

The  strategy  underlying  this proposal  comprises the following  elements: 

(a)  Simplification  and strengthening  of  existing  rules, making them  more  enforceable. 

(b)  Establishment  and enforcement  of  minimum  fish sizes compatible  with  meshes in 

use in order  to  minimize discarding. 

(c)  Encouragement  of  the  practice  of  selective fisheries, with  minimal by-catch. 

(d) 

Improvement  of  hail system. 

(e) 

Increased  inspection  on fishing  grounds  and on landings. 

(f) 

Increased  transparency. 

(g)  Pilot  project  for  observers  and satellite tracking system. 

(h)  A system  for  immediate  response  to  alleged major  infringements, 

(i)  Reporting  rules. 

-fV 

(j)  Use  of  legal  process. 

(k)  Penalties. 

(I)  Effort  control. 

Any  proposals  to  be  adopted  by  NAFO  shall  take  into  account  cost/benefit  analysis 

and  existing  legal  systems  of  Contracting  Parties,  including  the  principles  of 

nondiscrimination,  proportionality  and  the  right  of  appeal  by  fishermen. 

II.  PROPOSALS  TO  AMEND  THE  NAFO  CONSERVATION  AND  ENFORCEMENT 

MEASURES 

11.1.  Inspections 

Inspections  of  vessels  shall  be  carried  out  in  a  non-discriminatory  w a y.  The 

number  of  inspections  shall  be  based  upon  fleet  size,  taking  also  into  account 

their  compliance  records.  Contracting  Parties  shall  ensure  that  their  inspectorates 

take  special  care  to  avoid  damage  to  the  cargo  or  the  gear  being  inspected. 

Interference  w i th  fishing  activities  and  normal  activities  on  board  shall  be 

minimized.  Crews  and  vessels  operating  in  conformity  w i th  the 

NAFO  Conservation  and  Enforcement  Measures  shall  not  be  harassed. 

Inspections  shall  only  aim  to  ascertain  that  NAFO  rules  are  respected  and  not 

unduly  hinder  the  activities  of  specific  vessels,  while  at  the  same  time  not  limiting 

the  capability  of  NAFO  inspectors  to  carry  out  their  mandate. 

Al 

11.2. Transmission  of  information  from  inspections 

Any  information  on  suspected  illegal  practices  and  any  evidence  of  apparent 

infringements  shall  be  transmitted  swiftly  to  the  inspection  authorities  of  the 

Contracting  Party  of  the  vessel  and  to  the  NAFO  Executive  Secretary. 

11.3.  Increase  of  the  inspection  presence 

Each  Contracting  Party  having  10  or  more  vessels  operating  in  the 

NAFO  Regulatory  Area  (NRA)  shall  deploy  at  least  one  inspection  vessel. 

Contracting  Parties  w i th  fewer  than  10  vessels  shall  cooperate  in  the  deployment 

of  inspection  vessels. 

Every  Contracting  Party  shall  have  at  least  one  inspector  present  in  the 

NAFO  Convention  Area  (NCA)  w h en  vessels  of  that  Contracting  Party  are 

operating  in  the  NRA. 

11.4.  Improved  hail  system 

A  system  of  reporting  of  catch  on  board  upon  entry  into  and  exit  from  the  NRA 

will  be  associated  w i th  the  hail  system  currently  in  practice. 

-6? 

Vessels  w i th  a  satellite-based  system  of  position  reporting  shall  not  be  required  to 

hail  but  shall  submit  catch  reports  to  the  NAFO  Executive  Secretary.  Contracting 

Parties  remain  responsible  for  transmitting  the  hail  information  to  the 

NAFO  Executive  Secretary.  Contracting  Parties  whose  vessels  are  so  equipped 

shall  notify  the  NAFO  Executive  Secretary  of  the  names  of  such  vessels. 

11.5.  Additional  Enforcement  Measures 

In  order  to  improve  conservation  and  rationalize  enforcement,  the  next  STACTIC 

meeting  will  study  the  issues  of  the  protection  of  juvenile  fish  and  the  by-catch  of 

regulated  species  and  will  make  recommendations  thereon  to  the  next 

NAFO  Fisheries  Commission  meeting. 

In  particular,  the  following  issues  shall  be  addressed: 

- 

the  addition  of  Greenland  halibut  to  the  list  of  species  subject  to  a  minimum 

fish  size,  w i th  a  length  of  (X)  c m; 

- 

the  applicability  of  current  discard  rules  in  the  NRA; 

- 

the  development  of  special  rules  for  fish  products,  e.g.  processed  length 

equivalents; 

•'-iywsas' 

44 

- 

the  problem  of  on-board  production  of  fish  meal  and  similar  products; 

- 

further  measures  to  protect  juvenile  fish,  e.g.  area/seasonal  closures; 

-  amendments  to  incidental  by-catch  limit  measures  so  that  where  an  "others" 

quota  or  an  individual  Contracting  Party  quota  has  been  taken  or,  on  a 

case-by-case  basis,  a  directed  fishery  has  been  prohibited,  the  incidental 

by-catch  for  that  stock  is  not  retained  on  board. 

11.6  Mesh  size 

The  derogation  of  1 20  mm  w h en  using  polyamide-type  fibres  shall  be  phased  out 

in  a  period  to  be  fixed  by  the  Fisheries  Commission. 

II.7.  Dockside  inspection 

Each  Contracting  Party  shall  ensure  that  all  vessels  engaged  in  fishing  in  the  NRA 

for  stocks  subject  to  NAFO  Conservation  and  Enforcement  Measures  undergo  a 

dockside  inspection  at  each  port  call.  Results  of  these  inspections  shall  be 

provided  to  other  Contracting  Parties  on  request.  Results  of  these  inspections 

shall  also  be  cross-checked  w i th  log  books  and  results  reported  to  the  NAFO 

Executive  Secretary  on  an  annual  basis. 

Vj 

Annual  checks  shall  be  made  of  the  fish  holds  in  order  to  certify  the  correctness 

of  the  fish  hold  plans. 

11.8.  Effort  plans  and  catch  reporting 

For  1 9 9 5,  each  Contracting  Party  shall  inform  the  NAFO  Executive  Secretary  of 

the  fishing  plan  for  the  Greenland  halibut  fishery  in  the  NRA  and  shall,  at  the  end 

of  the  year,  report  on  its  implementation. 

If  this  system  proves  useful,  it  shall  be 

extended  to  other  fisheries. 

For  1 9 9 5,  catches  of  Greenland  halibut  in  the  NRA  shall  be  reported  to  the  NAFO 

Executive  Secretary  no  less  frequently  than  every  48  hours,  in  accordance  w i th 

the  NAFO  Conservation  and  Enforcement  Measures. 

11.9.  Major  Infringements 

NAFO  should  establish  a  class  of  major  infringements,  to  include: 

(a)  refusal  to  cooperate  w i th  an  inspector  or  an  observer; 

(b)  misreporting  of  catches; 

(c)  mesh  size  violations; 

Ai 

(d)  hail  system  violations; 

(e) 

interference  w i th  the  satellite  tracking  system. 

(i) 

If  a  NAFO  inspector  cites  a  vessel  for  having  committed,  to  a  serious 

extent,  a  major  apparent  infringement,  the  Contracting  Party  of  this 

vessel  shall  ensure  that  the  vessel  concerned  is  inspected  by  a  duly 

authorized  inspector  of  that  Contracting  Party  within  48  hours. 

In  order 

to  preserve  the  evidence,  the  NAFO  inspector  shall  take  all  necessary 

measures  to  ensure  security  and  continuity  of  the  evidence,  including,  as 

appropriate,  sealing  the  vessel's  hold,  and  may  remain  on  board  the 

vessel  until  the  duly  authorized  inspector  arrives. 

(ii)  Where  justified,  the  inspector  of  the  Contracting  Party  of  the  vessel 

concerned  shall,  where  duly  authorized  to  do  so,  require  the  vessel  to 

proceed  immediately  to  a  nearby  port,  chosen  by  the  master,  which 

should  be  either  St.  Pierre,  St.  John's,  the  Azores  or  the  home  port  of  the 

vessel,  for  a thorough  inspection  under  the  authority  of  the  flag  State  and 

in  the  presence  of  a  NAFO  inspector  from  any  other  Contracting  Party 

that  wishes  to  participate. 

If  the  vessel  is  not  called  to  port,  the 

Contracting  Party  must  provide  due  justification  to  the  NAFO  Executive 

Secretary  in  a timely  manner. 

& 

(iii)  Where  a  NAFO  inspector  cites  a  vessel  for  having  committed  a  major 

apparent  infringement,  the  inspector  shall  immediately  report  this  to  the 

NAFO  Executive  Secretary,  w ho  shall  in  turn  immediately  report,  for 

information  purposes,  to  the  other  NAFO  Contracting  Parties  w i th  an 

inspection  vessel  in  the  NCA. 

(iv)  Where  a  vessel  is  required  to  proceed  to  port  for  a thorough  inspection 

pursuant  to  paragraph  ii)  above,  a  NAFO  inspector  from  another 

Contracting  Party  may,  subject  to  the  consent  of  the  Contracting  Party  of 

the  vessel,  board  the  vessel  as  it  is  proceeding  to  port,  may  remain  on 

board  the  vessel  as  it  proceeds  to  port  and  may  be  present  during  the 

inspection  of  the  vessel  in  port. 

(v) 

If  an  apparent  infringement  of  the  NAFO  Conservation  and  Enforcement 

Measures  has  been  detected  which  in  the  view  of  the  duly  authorized 

inspector  is  sufficiently  serious,  the  inspector  shall  take  all  necessary 

measures  to  ensure  security  and  continuity  of  the  evidence  including,  as 

appropriate,  sealing  the  vessel's  hold  for  eventual  dockside  inspection. 

4 

11.10.  Follow  up  on  apparent  infringements 

There  shall  be  a transparent  and  effective  legal  process  to  follow  up  apparent 

infringements  using  all  necessary  evidence  available  from  all  sources,  including 

evidence  from  other  Contracting  Parties  as  required  for  effective  prosecution. 

The  Parties  shall  make  a  semi-annual  report  to  the  NAFO  Executive  Secretary 

on  the  status  of  legal  proceedings  on  a  case-by-case  basis,  in  sufficient  detail 

for  transparency,  subject  to  domestic  law,  particularly,  w h en  convictions  are 

imposed,  regarding  level  of  fines,  value  of  forfeited  fish  and/or  gear,  and 

including  an  explanation  if  no  action  is  taken. 

The  penalties  provided  in  legislation  shall  be  such  as  to  provide  an  effective 

deterrent.  Such  penalties  may  include  refusal,  suspension  or  withdrawal  of  the 

authorization  to  fish  in  the  NRA. 

11.11.  Pilot  Project  for  Observers  and  Satellite  Tracking 

In  order  to  improve  compliance  w i th  NAFO  Conservation  and  Enforcement 

Measures  for  their  vessels  fishing  under  the  NAFO  Convention,  the  Contracting 

Parties  agree  to  implement  a  Pilot  Project  to  provide  for  properly  trained  and 

qualified  observers  on  all  vessels  fishing  in  the  NRA  and  satellite-tracking 

devices  on  3 5%  of  their  respective  vessels  fishing  in  the  NRA.  Contracting 

Parties  shall  take  all  necessary  measures  to  ensure  that  observers  are  able  to 

carry  out  their  duties  and  that  the  master  and  crew  of  the  Contracting  Party 

vessels  extend  all  necessary  cooperation  to  observers.  Contracting  Parties 

shall  provide  to  the  NAFO  Executive  Secretary  lists  of  the  observers  they  will 

be  placing  on  vessels  in  the  NRA. 

4<R 

A.  Observers 

1.  Each  Contracting  Party  shall  require  its  vessels  operating  under  the  NAFO 

Convention  to  accept  observers  on  the  basis  of  the  following: 

(a) 

each  Contracting  Party  shall  have  the  primary  responsibility  to  obtain,  for 

placement  on  its  vessels,  independent  and  impartial  observers; 

(b) 

in  cases  where  a  Contracting  Party  has  not  placed  an  observer  on  a 

vessel,  any  other  Contracting  Party  may,  subject  to  the  consent  of  the 

Contracting  Party  of  the  vessel,  place  an  observer  on  board  until  that 

Contracting  Party  provides  a  replacement  in  accordance  w i th 

paragraph  (a); 

(c) 

no  vessel  shall  be  required  to  carry  more  than  one  observer  pursuant  to 

this  Pilot  Project  at  any  time. 

2.  Observers  shall  monitor  a  vessel's  compliance  w i th  the  relevant  NAFO 

Conservation  and  Enforcement  Measures. 

In  particular  the  observers  shall: 

(a) 

record  and  report  upon  the  fishing  activities  of  the  vessel  and  shall  verify 

the  position  of  the  vessel  when  engaged  in  fishing; 

f) IP 

(b) 

observe  and  estimate  catches  taken  w i th  a view  to  identifying  catch 

composition,  monitor  discarding,  by-catches  and  the  taking  of  undersized 

species; 

(c) 

record  the  gear,  mesh  sizes  and  attachments  employed  by  the  master; 

(d) 

verify  entries  made  to  the  logbooks  (species  composition  and  quantities, 

round  and  processed  weight,  and  hail  reports). 

3.  Observers  shall  collect  catch  and  effort  data  on  a  set-by-set  basis.  This  data 

shall  include  location  (latitude/longitude),  depth,  time  of  net  on  the  bottom, 

catch  composition  and  discards. 

4.  Observers  shall  carry  out  such  scientific  work,  for  example,  collecting  samples, 

as  requested  by  the  Fisheries  Commission  based  on  the  advice  of  the  Scientific 

Council. 

5.  In  the  case  where  the  observer  is  deployed  on  a vessel  equipped  w i th  devices 

for  automatic  remote  position  recording  facilities,  the  observer  shall  monitor 

the  functioning  of,  and  report  upon  any  interference  w i t h, 

the  satellite  system. 

In  order  better  to  distinguish  fishing  operations  from  steaming  and  to 

contribute  to  an  a  posteriori  calibration  of  the  signals  registered  by  the 

receiving  station,  the  observer  shall  maintain  detailed  reports  on  the  daily 

activity  of  the  vessel. 

-2 7 

6.  When  an  apparent  infringement  is  identified  by  an  observer,  the  observer  shall, 

within  24  hours,  report  it  both  to  a  NAFO  inspection  vessel,  using  an 

established  code,  and  to  the  NAFO  Executive  Secretary. 

7.  Within  30  days  following  completion  of  an  observer's  assignment  on  a  vessel, 

the  observer  shall  provide  a  report  to  the  Contracting  Party  of  the  vessel  and  to 

the  NAFO  Executive  Secretary  w ho  shall  make  it  available  to  any  Contracting 

Party  that  requests  it. 

8.  Subject  to  any  other  arrangements  between  the  Parties,  the  salary  of  an 

observer  shall  be  covered  by  the  sending  Contracting  Party.  The  vessel  on 

which  an  observer  is  placed  shall  provide  suitable  food  and  lodging  during  his 

deployment. 

B.  Satellite  Tracking 

1.  Contracting  Parties  agree  that  3 5%  of  their  respective  vessels  fishing  in 

the  NRA  shall  be  equipped  w i th  an  autonomous  system  able  to  transmit 

automatically  satellite  signals  to  a  land-based  receiving  station  permitting  a 

continuous  tracking  of  the  position  of  the  vessel  by  the  Contracting  Party  of 

the  vessel.  Contracting  Parties  shall  endeavour  to  test  several  systems  of 

satellite  tracking. 

^ 

2.  Contracting  Parties  whose  vessels  fish  a  minimum  of  3 00  days  in  the  NRA  are 

subject  to  satellite-based  position  monitoring  (1). 

3.  Each  Contracting  Party  shall  install  at  least  one  receiving  station  associated  to 

the  satellite  tracking  system. 

4.  Each  Contracting  Party  shall  transmit,  on  a  real-time  basis,  entry  and  exit 

messages  for  its  vessels  equipped  w i th  satellite  devices  to  the  NAFO  Executive 

Secretary,  w ho  in  turn  shall  transmit  such  information  to  Contracting  Parties 

w i th  an  inspection  vessel  in  the  NCA.  Contracting  Parties  shall  cooperate  w i th 

other  Contracting  Parties  w h i ch  have  a  NAFO  inspection  vessel  or  aircraft  in 

the  NCA  in  order  to  exchange  information  on  a  real-time  basis  on  the 

geographical  distribution  of  fishing  vessels  equipped  w i th  satellite  devices  and, 

on  specific  request,  information  related  to  the  identification  of  a  vessel. 

5.  Subject  to  any  other  arrangements  between  Contracting  Parties,  each 

Contracting  Party  shall  pay  all  costs  associated  w i th  the  satellite  tracking 

system. 

C.  Analysis 

1.  Each  Contracting  Party  shall  prepare  a  report  on  the  results  of  the  Pilot  Project 

from  the  perspective  of  efficiency  and  effectiveness,  including: 

1)  Canada  will,  in  any  case,  apply  the  Scheme  on  its  vessels  fishing  in  the  NRA. 

^ 3> 

(a) 

overall  effectiveness  of  the  Project  in  improving  compliance  w i th  NAFO 

Conservation  and  Enforcement  Measures; 

(b) 

the  effectiveness  of  the  different  components  of  the  Project; 

(c) 

costs  associated  w i th  observers  and  satellite  tracking; 

(d) 

a  summary  of  observers'  reports,  specifying  type  and  number  of  observed 

infractions  or  important  events; 

(e) 

estimations  of  fishing  effort  from  observers  as  compared  to  initial 

estimation  by  satellite  monitoring; 

(f) 

analysis  of  the  efficiency  in  terms  of  cost/benefit,  the  latter  being 

expressed  in  terms  of  compliance  w i th  rules  and  volume  of  data  received 

for  fisheries  management. 

The  reports  shall  be  submitted  to  the  NAFO  Executive  Secretary  in  time  for  their 

consideration  at  the  NAFO  Annual  Meeting  of  September  1997  and,  based  on 

these  reports,  the  Parties  agree  to  establish  a  permanent  scheme  that  will  ensure 

that  the  degree  of  control  and  enforcement  in  the  NRA  provided  by  the  Project,  as 

indicated  above,  is  maintained. 

-ZH 

QUOTAS  FOR GREENLAND  HALIBUT 

ANNEX H 

I.  NAFO  DECISIONS  FOR  1995 

The  European  Community  and Canada  will jointly  propose  to  NAFO  for  1995: 

(a)  The TAC  for  2 + 3  Greenland  halibut  shall be divided  as follows: 

- 

- 

2 + 3K  (Canadian  200  miles) 

7  000  tonnes 

3LMNO 

20  000  tonnes 

(b)  The  7  000  t  allocation for  2 + 3K  (within  Canadian  200  miles) for  Greenland 

halibut  shall be allocated to  Canada. 

II.  VOLUNTARY ARRANGEMENTS FOR 1995 

(a)  Canada's  catches  by its vessels for  Greenland  halibut  will  not  exceed 

10  000  tonnes,  subject to  any more stringent  conservation  decisions that  Canada 

may take  in light  of  further  scientific  advice. 

(b)  The  European  Community's  further  catches  by its vessels for  Greenland  halibut 

will not  exceed  5 013  tonnes  from  16  April  1995. 

zs 

(c)  The  European  Community  and  Canada  will  not  permit  their  vessels  to  fish  for 

species  covered  by  the  NAFO  Convention  in  the  NAFO  Regulatory  Area  beyond 

the  fifteen  day  period  referred  to  under  point  A .2  of  the  Agreed  Minute  until  the 

improved  fisheries  control  and  enforcement  measures  set  out  therein  are  being 

implemented. 

Beyond  agreed  catch  limits,  no  by-catches  of  Greenland  halibut  shall  be  retained  on 

board. 

III.  1996  AND  THEREAFTER 

The  European  Community  and  Canada  will  jointly  propose  to  NAFO  for  1 9 96  and 

thereafter: 

(a)  NAFO  will  manage  Greenland  halibut  in  3LMNO.  The  allocations  will  be  in  the 

ratio  of  10:3  for  the  European  Community  and  Canada  (aside  from  allocations 

to  other  Contracting  Parties). 

(b)  On  the  basis  of  NAFO  Scientific  Council  advice,  Canada  will  manage 

Greenland  halibut  in  Canadian  waters  in  2 +  3K. 

(c)  NAFO  Scientific  Council  will  provide  scientific  advice  on  Greenland  halibut  for 

units  0 +  1,  2 +  3K  and  3LMNO. 

1<0 

Letter  from  Canada 

Sir, 

With  reference  to  the  April  16,  1 9 95  Agreed  Minute  between  the  European  Community 

and  Canada,  I can  confirm  that  the  posting  of  a  bond  for  the  release  of  the  vessel  "Estai" 

and  the  payment  of  bail  for  the  release  of  its  master  cannot  be  interpreted  as  meaning  that 

the  European  Community  or  its  Member  States  recognise  the  legality  of  the  arrest  or  the 

jurisdiction  of  Canada  beyond  the  Canadian  200-mile  zone  against  fishing  vessels  flying 

the  flag  of  another  State. 

I  can  also  confirm  that,  expeditiously,  the  Attorney  General  of  Canada  will  consider  the 

public  interest  in  his  decision  on  staying  the  prosecution  against  the  vessel  "Estai"  and  its 

master;  in  such  case,  the  bond,  bail  and  catch  or  its  proceeds  will  be  returned  to  the 

master. 

Please  accept,  Sir,  the  assurance  of  my  highest  consideration. 

For  the  Government  of  Canada 

ZÎ 

Letter  from  the  European  Community 

Sir, 

I  have  the  honour  to  acknowledge  receipt  of  your  letter  of  today's  date,  w h i ch  reads  as 

follows: 

"With  reference  to  the  April  16,  1995  Agreed  Minute  between  the  European  Community 

and  Canada,  I can  confirm  that  the  posting  of  a  bond  for  the  release  of  the  vessel  "Estai" 
and  the  payment  of  bail  for  the  release  of  its  master  cannot  be  interpreted  as  meaning 
that  the  European  Community  or  its  Member  States  recognise  the  legality  of  the  arrest  or 
the  jurisdiction  of  Canada  beyond  the  Canadian  200-mile  zone  against  fishing  vessels 
flying  the  flag  of  another  State. 

I  can  also  confirm  that,  expeditiously,  the  Attorney  General  of  Canada  will  consider  the 
public  interest  in  his  decision  on  staying  the  prosecution  against  the  vessel  "Estai"  and 
its  master;  in  such  case,  the  bond,  bail  and  catch  or  its  proceeds  will  be  returned  to  the 
master." 

In  reference  to  the  second  paragraph  of  your  letter,  I should  point  out  that,  for  the 

European  Community,  the  stay  of  prosecution  against  the  "Estai"  and  its  master  is 

essential  for  the  application  of  the  said  Agreed  Minute,  and  therefore  the 

bond,  bail  and  the  catch  or  its  proceeds  must  be  returned  to  the  master  on  the  date  of  the 

signature  of  the  Agreed  Minute. 

I  have  the  further  honour  to  inform  you  that,  w i th  this  understanding,  the  European 

Community  is  in  agreement  w i th  the  contents  of  your  letter. 

Please  accept,  Sir,  the  assurance  of  my  highest  consideration. 

On  behalf  of  the  European  Community 

tf 

NOTE FROM  CANADA 

Sir, 

To facilitate  adoption  by other  NAFO  Contracting  Parties of  the  measures  set out in 

Annex  I of  the  Agreed  Minute,  where  necessary,  Canada  is ready to  pay the  cost,  other 

than room  and board, of  observers  on board the vessels of  such  NAFO  Contracting 

Parties.  With  reference  to  Annex  I,  point  11.11 of the  Agreed  Minute,  Canada  will facilitate 

the deployment  of  the  observers  on the  European  Community  vessels. 

For the  Government  of  Canada 

^29 

NOTE  FROM  EUROPEAN  COMMUNITY 

Sir, 

I  have  the  honour  to  acknowledge  receipt  of  your  note  of  today's  date  w h i ch  reads  as 

follows: 

"To  facilitate  adoption  by  other  NAFO  Contracting  Parties  of  the  measures  set  out  in 

Annex  I of  the  Agreed  Minute,  where  necessary,  Canada  is  ready  to  pay  the  cost,  other 
than  room  and  board,  of  observers  on  board  the  vessels  of  such  NAFO  Contracting 
Parties.  W i th  reference  to  Annex  I,  point  11.11  of  the  Agreed  Minute,  Canada  will 
facilitate  the  deployment  of  the  observers  on  the  European  Community  vessels". 

Furthermore,  I would  like  to  inform  you  that  in  respect  of  Annex  I,  point  11.11,  the 

European  Community,  under  point  A .2  of  the  Agreed  Minute,  will  make  every  effort  to 

install  the  said  satellite  tracking  devices  within  the  next  t wo  months. 

If,  for  technical 

reasons,  this  is  not  possible,  it  is  agreed  that  the  European  Community  and  Canada  will 

discuss  the  matter  further. 

I  have  the  honour  to  inform  you  that  the  European  Community,  w i th  this  understanding,  is 

in  agreement  w i th  the  contents  of  your  note. 

On  behalf  of  the  European  Community 

3® 

Letter  from  the  European  Union  to  the  Government  of  Canada 

Sir, 

I  have  the  honour  to  inform  you  that,  for  the  European  Community,  the  Agreed  Minute  of 

16  April  1 9 9 5,  and  in  particular  paragraph  III(3)  of  Annex  II, implies  that  the  Community 

quota  for  Greenland  halibut  for  1 9 96  and  for  ensuing  years  in  zone  3LMNO  will  in  any 

event  be  fixed  at  5 5 , 3 5 %. 

The  European  Community  hopes  that,  owing  to  joint  efforts,  additional  quotas  may  be 

obtained,  in  full  compliance  w i th  the  historic  and  legitimate  rights  of  all  the  NAFO  States. 

On  behalf  of  the  European  Community 

37 

BSN 0254-1475 

COM(95) 251  final 

DOCUMENTS 

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Catalogue number  : CB-CO-95-306-EN-C 

ISBN 92-77-90107-1 

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L-2985 Luxembourg 

-U