Council Regulation (EC) No 1386/2007 of 22 October 2007 laying down conservation and enforcement measures applicable in the Regulatory Area of the Northwest Atlantic Fisheries Organisation
Date: 2007-10-22
Institutions: Council of the European Union
Subjects: North-West Atlantic Fisheries Organisation, conservation of fish stocks, fishing area, fishing controls, fishing rights

5.12.2007

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I

(Acts adopted under the EC Treaty/Euratom Treaty whose publication is obligatory)

REGULATIONS

COUNCIL REGULATION (EC) No 1386/2007

of 22 October 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 Commu-
nity, and in particular Article 37 thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Parliament (1),

Whereas:

(1)

The Convention on Future Multilateral Cooperation in the
Northwest Atlantic Fisheries, hereinafter referred to as the
NAFO Convention, was approved by the Council by
Regulation (EEC) No 3179/78 of 28 December 1978
concerning the conclusion by the European Economic
the Convention on Future Multilateral
Community of
Cooperation in the Northwest Atlantic Fisheries (2) and
entered into force on 1 January 1979.

(2)

The NAFO Convention provides an appropriate framework
for multilateral cooperation 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
the Contracting Parties in the
Convention Area.

jurisdiction of

(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)

(6)

The measures provide for control measures applicable to
the Contracting Parties and
vessels flying the flag of
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.

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 (3), by
Commission Regulation (EEC) No 2868/88 of 16 Septem-
ber 1988 laying down detailed rules for the application of
the Scheme of Joint International Inspection adopted by the
Northwest Atlantic Fisheries Organisation (4), by Council
Regulation (EEC) No 189/92 of 27 January 1992 adopting

(1) Opinion delivered on 7 June 2007 (not yet published in the Official

(3) OJ L 175, 6.7.1988, p. 1. Regulation as last amended by Regulation

Journal).

(2) OJ L 378, 30.12.1978, p. 1. Regulation as amended by Regulation

(EEC) No 653/80 (OJ L 74, 20.3.1980, p. 1).

(EC) No 3067/95 (OJ L 329, 30.12.1995, p. 1).

(4) OJ L 257, 17.9.1988, p. 20. Regulation as last amended by
Commission Regulation (EC) No 494/97 (OJ L 77, 19.3.1997, p. 5).

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for

fishery resources

provisions for the application of certain control measures
adopted by the Northwest Atlantic Fisheries Organisa-
tion (1), by Council Regulation (EC) No 3680/93 of
20 December 1993 laying down certain conservation and
management measures
in the
Regulatory Area as defined in the Convention on Future
Multilateral Cooperation in the Northwest Atlantic Fish-
eries (2), 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 Organisation (NAFO) (3) and by Council Regula-
tion (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) (4).

(9) With a view to effectively implementing 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 (5). Provisions of that
kind which are not of a temporary nature should be
transferred into the new Regulation.

(11) Council Regulation (EC) No 2371/2002 of 20 December
2002 on the conservation and sustainable exploitation of
fisheries resources under the Common Fisheries Policy (6)
was adopted in 2002. 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 of 12 October
1993 establishing a control system applicable to the
Common Fisheries Policy (7) provides that each Member
State must ensure that the activities of its vessels outside the

(1) OJ L 21, 30.1.1992, p. 4. Regulation as last amended by Regulation

(EC) No 1048/97 (OJ L 154, 12.6.1997, p. 1).

(2) OJ L 341, 31.12.1993, p. 42. Regulation as amended by Regulation

(EC) No 1043/94 (OJ L 114, 5.5.1994, p. 1).

(3) OJ L 329, 30.12.1995, p. 5. Regulation as last amended by

Regulation (EC) No 855/2004 (OJ L 161, 30.4.2004, p. 1).

(4) OJ L 144, 17.6.2000, p. 1.
(5) OJ L 16, 20.1.2006, p. 1. Regulation as

Commission Regulation (EC) No 2017/2006 (OJ
29.12.2006, p. 44).

last amended by
L 384,

Community fishery zone are subject to proper monitoring
and, where such Community obligations exist, to inspec-
tions 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 surveil-
lance, 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)

In order
to ensure that additional conservation and
enforcement measures adopted by NAFO which become
obligatory for the Community can be implemented within
the timeframe set out in the NAFO Convention, the Council
may amend this Regulation by qualified majority on a
proposal of the Commission,

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 to V of this Regulation apply to
fishing activities conducted by Community
all commercial
fishing vessels
species covered by the NAFO
fishing for
Convention in the NAFO Regulatory Area.

(6) OJ L 358, 31.12.2002, p. 59. Regulation as last amended by
Regulation (EC) No 865/2007 of 10 July 2007 (OJ L 192,
24.7.2007, p. 1).

(7) OJ L 261, 20.10.1993, p. 1. Regulation as last amended by
Regulation (EC) No 1967/2006 (OJ L 409, 30.12.2006, p. 11).

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

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Article 3

Definitions

11.

‘Sub-Area’ means a Sub-Area as defined in Annex III to the
NAFO Convention.

For the purposes of this Regulation:

12.

‘Division’ means a division as defined in Annex III to the
NAFO Convention.

1.

2.

3.

4.

5.

6.

7.

8.

9.

‘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.

‘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.

13.

‘Other 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 Surveil-
lance 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.

‘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.

16.

‘Fishing logbook’ means
the logbook referred to in
Commission Regulation (EEC) No 2807/83 (1), in which
fishing operations and catches are recorded.

‘Inspector’ means an inspector of
the fishery control
services of the NAFO Contracting Parties assigned to the
Joint Inspection and Surveillance Scheme of NAFO.

17.

‘Production logbook’ means the logbook in which the fish
in product form is recorded.

‘Fishing trip’ means the time beginning when a vessel 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.

‘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.

‘IUU fishing’ means illegal, unregulated and unreported
fishing activities in the NAFO Regulatory Area.

‘IUU vessel’ means any Non-Contracting Party vessel
engaged in illegal, unregulated and unreported fishing
activities in the NAFO Regulatory Area.

‘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 Cooperation in
the Northwest Atlantic Fisheries (NAFO Convention).

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 fish is stowed in the holds or other storage places on
board a fishing vessel.

CHAPTER II

TECHNICAL MEASURES

Article 4

By-catch retained on board

1.
Fishing vessels shall limit their by-catch to a maximum of
2 500 kg or 10 %, whichever is the greater, for each species
regulated by NAFO for which no quota has been allocated to the
Community.

2.
In cases where a ban on fishing is in force or an ‘Others’
the species
quota has been fully utilised,
concerned may not exceed 1 250 kg or 5 %, whichever is the
greater.

the by-catch of

3. The percentages in paragraphs 1 and 2 shall be calculated as
the percentage, by weight, for each species of the total catch
retained on board. Catches of shrimp shall not be included in the
calculation of by-catch levels of ground fish species.

(1) OJ L 276, 10.10.1983, p. 1.

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Article 5

By-catch in any one haul

1.
If the percentages of by-catches in any one haul exceed the
percentages laid down in Article 4(1) and (2) the vessel shall
immediately move a minimum of 10 nautical miles from any
position of the previous tow and throughout the next tow keep a
minimum distance of 10 nautical miles from any position of the
previous tow. If after moving, the next haul exceeds these by-
catch limits the vessel shall leave the Division and not return for
at least 60 hours.

Should total by-catches of all ground fish species subject to
2.
quota in any haul in the shrimp fishery exceed 5 % by weight in
Division 3M or 2,5 % by weight in Division 3L, the vessel shall
move a minimum of 10 nautical miles from any position of the
previous tow and throughout the next tow keep a minimum
distance of 10 nautical miles from any position of the previous
tow. If after moving, the next haul exceeds these by-catch limits
the vessel shall leave the Division and not return for at least 60
hours.

3. The percentage of by-catch authorised in any one haul shall
be calculated as the percentage, by weight, for each species of the
total catch in that haul.

Article 6

Directed fishery and by-catch

1. Masters of Community vessels shall not conduct directed
fisheries for species for which by-catch limits apply. A directed
fishery for a species shall be considered to have been conducted
when that species comprises the largest percentage by weight of
the total catch in any one haul.

2. However, when a vessel is conducting a directed fishery for
skate with a legal mesh size appropriate for that fishery, the first
time that, in a haul, catches of species for which by-catch limits
comprise the largest percentage, by weight of the total catch, they
shall be considered as incidental. In this event the vessel shall
immediately change position in accordance with Article 5(1) and
(2).

3.
Following an absence from a Division of at least 60 hours in
accordance with the provisions of Article 5(1) and (2), masters of
Community vessels shall undertake a trial tow the duration of
which shall not exceed three hours. By way of derogation from
paragraph 1 of this Article, if in a haul from such a trial tow
catches of species for which by-catch limits apply comprise the
largest percentage, by weight of the total catch, it shall not be
considered as a directed fishery. In this event the vessel shall
immediately change position in accordance with Article 5(1) and
(2).

Article 7

Mesh sizes

1. The use of trawl net having in any section thereof net
meshes of dimensions less than 130 mm shall be prohibited for

for

fishing for Sebastes mentella as

directed fishing of the groundfish species referred to in Annex I
except
referred to in
paragraph 3. That 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 codend and 220 mm
in all other parts of the trawl.

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

3. Vessels fishing for pelagic Sebastes mentella (Oceanic redfish)
in Sub-Area 2 and Division F and 3K shall use nets with a
minimum mesh size of 100 mm.

Article 8

Carrying of nets

1. When fishing directly for one or more of
the species
regulated by NAFO, Community vessels may not carry nets with
a mesh size smaller than that laid down in Article 7.

2. However, Community 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 7 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 9

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 codend in order to reduce or prevent damage.

3. Devices may be attached to the upper side of the codend
provided that they do not obstruct the meshes of the codend.
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.

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Article 10

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 after being unloaded from the net or removed from 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 to that set out in Annex III,
shall be deemed to originate from fish that
is below the
minimum fish size.

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 and shall be limited to one vessel per
each Member State's allocation at any one time.

Article 12

Fisheries restricted areas

The conduct of fishing activities involving demersal fishing gears
shall be prohibited in the following areas:

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 14

List of vessels

Each Member State shall establish a list of vessels flying its
1.
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.

Each Member State shall

2.
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 Commis-
sion shall
forward this information promptly to the NAFO
Secretariat.

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

(a) where applicable, 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 (1);

(b)

international radio call sign;

Area

Coordinate 1

Coordinate 2

Coordinate 3

Coordinate 4

(c)

vessel charterer, where applicable.

Orphan
Knoll

Corner

Seamounts

Newfound-
land

50.00.30

47.00.30

35.00.00

48.00.00

51.00.30

45.00.30

36.00.00

48.00.00

51.00.30

47.00.30

36.00.00

52.00.00

50.00.30

45.00.30

35.00.00

52.00.00

43.29.00

44.00.00

44.00.00

43.29.00

Seamounts

43.20.00

43.20.00

46.40.00

46.40.00

New Eng-
land

35.00.00

39.00.00

39.00.00

35.00.00

Seamounts

57.00.00

57.00.00

64.00.00

64.00.00

CHAPTER III

CONTROL MEASURES

SECTION 1

Monitoring of fisheries

Article 13

Authorisation

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

(a)

(b)

(c)

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

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

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;

Only Community vessels of more than 50 gross tonnes which
have been issued a special fishing permit by their flag Member

(1) OJ L 5, 9.1.2004, p. 25. Regulation as amended by Regulation (EC)

No 1799/2006 (OJ L 341, 7.12.2006, p. 26).

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(g)

name of owner or charterer of the vessel;

Article 16

(h)

(i)

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

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 15

Chartering of Community vessels

1. Member States may allow 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. Chartering arrangements involving
vessels identified by NAFO or any other regional
fisheries
organisation as having been involved in IUU fishing shall,
however, not be permitted.

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
information to the
Executive Secretary of NAFO:

forward this

(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.

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 intended number of fishing days those vessels
will spend in the NAFO Regulatory Area.

inform the
3. Member States shall, on an indicative basis,
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 January 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 17

Vessel monitoring system (VMS)

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:

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

(a)

(b)

(c)

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

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

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.

catches

and by-catches

all
from notified chartering
arrangements are recorded in the fishing logbook by the
chartered vessel separate from other catch data recorded
pursuant to Article 18.

Article 18

Transhipments

5. Member States shall
report all catches and by-catches
referred to in paragraph 4(c) to the Commission separately from
other national
to Article 21. The
Commission shall promptly forward this data to the Executive
Secretary of NAFO.

catch data pursuant

1. 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 flag
State authorities.

(1) OJ L 333, 20.12.2003, p. 17.

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shall not engage in transhipment
2. Community vessels
operations of fish from or to a Non-Contracting Party vessel
which has been sighted or otherwise identified as having engaged
in fishing activities in the NAFO Regulatory Area.

this
Article 12. The master shall ensure that a copy of
certification remains onboard to be shown to an inspector upon
request.

3. Community vessels shall report each transhipment in the
NAFO Regulatory Area to their competent authorities. Donor
vessels shall make that report at least twenty-four hours in
advance and receiving vessels not later than one hour after the
transhipment.

4. The report referred to in paragraph 3 shall include the time,
the geographical position, the total round weight by species to be
off-loaded or on-loaded in kilograms as well as the call sign of
the vessels involved in the transhipment.

5. The receiving vessel shall report, in addition to 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.

6. Member States shall promptly transmit the reports referred
to in paragraph 3 and 5 to the Commission, which shall
promptly forward them to the NAFO Secretariat.

Article 19

Fishing and production logbooks and stowage plan

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

in respect of
2. The masters of a Community vessel shall,
catches of the species referred to in Article 15(1) of Regulation
(EEC) No 2847/93, keep:

(a)

(b)

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

a stowage plan that shows the location of the different
species in the holds. In the case of shrimp, vessels shall keep
a stowage plan that specifies the location of shrimp taken in
Division 3L and in Division 3M as well as the quantities of
shrimp by Division on board in product weight stated in
kilograms.

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 of a Community vessel shall provide the
necessary assistance to enable the quantities declared in the
production logbook and the processed products stored on board
to be verified.

Article 20

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 of 17 December 1999 on the common
in fishery and aquaculture
organisations of
products (1), and in case of shrimp the date of capture,
is
identifiable. It shall also be marked as having been caught in the
NAFO Regulatory Area.

the market

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. Taking into account consideration for the legitimate safety
and navigational responsibilities of the master of the vessel, the
following shall apply:

(a)

(b)

all catches taken inside the NAFO Regulatory Area shall be
stowed separately from all catches taken outside the area.
They shall be kept clearly separate, for example with plastic,
plywood or netting;

catches of the same species may be stowed in more than
one part of the hold but the location where it is stowed
shall be clearly represented in the stowage plan referred to
in Article 19.

Article 21

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 2.

2. Catch reports shall include:

(a)

(b)

(c)

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 six
hours in advance of each entry into the NAFO Regulatory
Area and shall include the date, time, geographical position
including
of the vessel, total round weight by species,
directed species;

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;

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 reach 50 % of the TAC, the report
shall be made weekly each Monday;

5. Member States shall every two years certify the correctness
of the capacity plans for all vessels authorised to fish pursuant to

(1) OJ L 17, 21.1.2000, p. 22. Regulation as last amended by Regulation

(EC) No 1759/2006 (OJ L 335, 1.12.2006, p. 3).

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(d)

(e)

the quantities held on board when a vessel leaves the NAFO
Regulatory Area. These reports shall be transmitted no
earlier than eight hours and no later than six 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;

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 transhipment 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.

Each Member State shall, upon receipt,

3.
forward catch
reports by computer transmission to the Commission which
shall forward these reports to the NAFO Secretariat.

NAFO Regulatory Area. Observers shall remain on board the
fishing vessels to which they are assigned until they are replaced
by other observers.

Except for reasons of force majeure, fishing vessels without an
2.
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)

(d)

a satisfactory knowledge of the Conservation and Enforce-
ment Measures of NAFO;

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

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.

(e)

a satisfactory knowledge of the language of the flag State of
the vessel observed.

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

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.

Article 22

Global reporting of catches and fishing effort

Each Member State shall, in computer readable form, before

1.
the 15th of each month, notify the Commission of:

(a)

the quantities of stocks specified in Annex II landed;

(b)

(c)

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

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 23

Assignment of observers

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

Article 24

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 25

Recording

Observers shall:

(a)

complete a daily log of the vessels' fishing activities which
covers at least the information laid down in the format
presented in Annex VIII;

1. Member States shall assign observers to all their fishing
vessels engaged in or about to engage in fishing activities in the

(b)

record the gear, mesh size and attachments utilised by the
master.

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Article 26

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 in 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.

Article 28

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 summarise the main findings of
the observer. The report shall be transmitted to the Commission
which shall forward this report to the NAFO Secretariat.

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
to the Executive
Secretary of NAFO. Observers shall use an established code
when communicating to an inspection vessel.

the suspected infringement

report

2. When monitoring discards, by-catches 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
following
sampling scheme:

circumstances permit,

the

Article 29

Precautions

(a)

(b)

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;

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 pursuant to Articles 5

and 6.

Article 27

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 14;

(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.

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 30

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.

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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.

Article 34

Member State obligations

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 27(1).

the vessels
1. Member States shall notify the names of
intending to apply the provisions of
section to the
Commission at the latest 30 days prior to the start of the
fishing season.

this

Article 31

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 32

Follow-up

2. Member States shall keep the Commission informed of the
names of the vessels applying the provisions of this Section and
the period during which no observer is assigned onboard. The
Commission shall promptly forward this information to the
NAFO Secretariat.

3. Member States with a vessel or vessels applying the
provisions of this section shall permit the vessel to conduct
fishing activities in the NAFO Regulatory Area without an
observer for no more than 75 % of the time that the vessel or
vessels are active in the Regulatory Area during the year.

1. The competent authorities of the Member States receiving
the report of the observer in accordance with Article 27 shall
evaluate the contents and conclusions of that report.

4. Member States shall ensure that there is a balance between
vessels flying their flag with an observer and without an observer
in the type of fishery in which the vessels are engaged.

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.

SECTION 3

Programme for observers, satellite tracking and electronic
reporting

Article 33

Rules of application

1. By way of derogation from the provisions of Article 23
Member States may permit fishing vessels flying their flag to
in the NAFO
commence
Regulatory Area without an assigned observer under
the
conditions laid down in this Section.

fishing activities

and conduct

Article 35

Obligation of masters and observers

1. Masters of vessels and observers applying the provisions of
this section shall transmit daily reports by Division.

2. The daily reports
shall be transmitted to the NAFO
than
Secretariat
12.00 UTC. The reporting period shall be from 00.01 hours
to 24.00 hours of the previous day.

FMC no later

through the

flag State

3. The catch recorded in the daily report of the master shall
correspond with the catches in the fishing logbook.

4. The daily reports shall include as appropriate the amounts,
by division, of the following categories:

(a)

daily catch by species retained onboard;

2. Vessels may conduct fishing activities without an observer
pursuant to paragraph 1 provided that the following require-
ments are fulfilled:

(b)

discards;

(c)

undersized fish.

(a)

(b)

the necessary technical facilities to send electronic observer
reports and catch reports are installed onboard;

facilities

technical

referred to in a) have been
the
successfully tested with a 100 % reliability rate with the
NAFO Secretariat and inspection vessels active in the NAFO
Regulatory Area; and

(c) VMS reports are transmitted on an hourly basis.

Formats for Daily Catch (CAX) and Observer Reports (OBR)

5.
are contained in Annex XIV(a).

6. Observers onboard vessels applying the provisions of this
section shall,
in addition to their duties under Chapter III
Section 2 report daily by electronic channels via the FMC to the
NAFO Secretariat (OBR report) on their duties described in
Article 26(1).

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Article 36

Technical failure

Area, taking into account the time spent in the Area, the level of
catches and compliance records.

If the electronic means for transmitting daily reports to and from
an FMC is not functioning, the master and the observer shall
continue to report on a daily basis by other means and keep a
written log of these transmissions onboard and available to
inspectors.

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

inspectors

shall

Article 37

Infringements

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

If a vessel without an observer is cited for an infringement, the
provisions of Chapter IV Section 5 shall apply. If the vessel is not
rerouted following this infringement, an observer shall embark
the vessel without delay.

Article 38

Report on implementation

to the Commission on the implementation of

Member States shall no later than 15 February each year submit a
the
report
provisions of this section. This report shall contain,
inter alia,
information on the overall compliance of the vessels concerned
with a comparison between vessels with and without observers,
possible cost savings for
the industry and Member States
authorities, interaction with other means of control as well as the
technical functioning and reliability of the operative systems.

7.
Inspectors operating in the NAFO Regulatory Area shall on
a regular basis coordinate 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 40

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.

CHAPTER IV

INSPECTION AND SURVEILLANCE AT SEA

Article 41

Programming

SECTION 1

General provisions

Article 39

General rules for inspection and surveillance

shall assign
1. The Commission and/or Member States
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.

1. The Community Fisheries Control Agency 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
resources
required and the periods and zones in which these resources
are to be deployed.

the human and material

regards

2. When drawing up joint operational
surveillance and
the Community Fisheries Control
inspection programmes,
Agency 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.
Each Member State and the Commission shall ensure that
inspections by Community inspectors are conducted in a non-
discriminatory manner and in accordance with the 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

shall

inform the Community Fisheries
3. Member States
Control Agency 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 informa-
tion the Community Fisheries Control Agency shall draw up, in

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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.

Inspections of vessels engaged in research shall be limited to
is not conducting a commercial

2.
ascertaining that the vessel
fishing operation.

4. Member States
inform the Community Fisheries
Control Agency electronically of the date and time of the start
and end of the activities of inspection vessels.

shall

SECTION 2

Surveillance procedure

Article 42

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.

shall

surveillance

forward the

2. Member States
report
promptly, by electronic transmission, to the flag State of the
sighted vessel or to 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 penalties,
shall be described in specific terms. The
those penalties
Commission shall
forward this information to the NAFO
Secretariat by 1 March each year.

SECTION 3

Inspection procedure

Article 43

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.

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

Inspection vessels shall manoeuvre at a safe distance from
in accordance with the rules of good

4.
the fishing vessel
seamanship.

that

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

it

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 44

Boarding

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

Inspectors shall not board a vessel without prior notice
2.
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 not last more
than 30 minutes after the signal referred to in paragraph 2 has
been received.

Article 45

On board activities

Inspection teams

1.
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
inspectors may
remain on board for the period necessary to complete their
duties as referred to in Article 48 and in Article 51. The
inspector shall leave the vessel within one hour following the
completion of the original inspection or following the comple-
tion of their duties pursuant to Article 48, as the case may be.

is detected,

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Precautions shall be taken to avoid causing damage to
3.
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.

(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;

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.

and rooms of

Inspectors shall be authorised to examine all relevant areas,
5.
fishing vessel, processed and
decks
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.

the

In carrying out their inspection,

6.
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 report shall be given to the master of the fishing
vessel.

the inspection. A copy of

(d)

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

(e)

rooms of

provide access to areas, decks,
the vessel,
processed or unprocessed catches, nets and other gear,
equipment, registration documents, drawings or descrip-
tions 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 48

Article 46

Transmission of inspection reports

Drawing up of inspection reports

Inspectors shall draw up an inspection report using the form

1.
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.

In the event of a difference between the recorded catches and
3.
the estimates of
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.

the inspector,

Article 47

Obligations of masters of fishing vessels 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;

1. The Member State carrying out an inspection shall send the
original NAFO inspection report drawn up in accordance with
Article 45(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.

the original

2.
In case of an infringement or difference between the
recorded catches and the inspectors estimates of the catches
inspection report with supporting
onboard,
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 informa-
tion 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 Commu-
nity inspector shall send the statement within the working day
following the inspection to the flag State and the NAFO
Secretariat via the Commission.

(b)

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

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.

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SECTION 4

Infringements

Article 49

Procedures to deal with infringements

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

secure compliance, deprive those responsible of the economic
benefit of the infringement and effectively discourage future
infringements.

SECTION 5

Serious infringements

Article 51

List of serious infringements

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

The following infringements shall be considered serious:

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
to certify the
documentation and require the master
authenticity thereof in writing on each page of the copy;

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;

(a)

(b)

(c)

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;

directed fishing for a stock which is
moratorium or for which fishing is prohibited;

subject

to a

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

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

(d)

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

(a)

(b)

(c)

(d)

(e)

the inspection report as well as the advance
transmit
notification of infringement referred to in Article 47(3)
promptly to their authorities.

to be

Inspectors may request that the master remove any part of
2.
the
contrary to the
fishing gear which appears
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 50

Follow-up in the case of infringements

1. The competent authorities of a Member State notified of an
infringement committed by one of its vessels shall investigate
that infringement immediately and fully to obtain the evidence
required which shall
include, where appropriate, the physical
inspection of the vessel concerned.

2. The competent authorities of the Member State shall take
immediate judicial or administrative action in accordance with
their national legislation against the nationals responsible for the
vessel flying its flag where the measures adopted by NAFO have
not been respected.

(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)

(j)

catch communication violations;

preventing inspectors or observers from carrying out their
duties.

Article 52

Inspector activities

1. Where inspectors cite a vessel
for having committed a
serious infringement as listed in Article 51, 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. The competent authorities of the flag Member State shall
ensure that the proceedings initiated pursuant to paragraph 2 are
capable, in accordance with the relevant provisions of national
law, of providing effective measures that are adequate in severity,

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

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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.

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.

Inspectors may remain on board a fishing vessel for the
4.
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 on board 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 54(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 53(3). Member States shall
inform the Commission
promptly of the decisions they take in accordance with this
paragraph.

Article 53

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 cooperation 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 infringe-
ment, and forward as quickly as possible to the competent
authority in the flag Member State and the Commission the
results of this examination.

Article 54

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.

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

shall

it

Article 55

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 its 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
the
infringement.

taken to prevent a repetition of

Article 56

Enhanced follow-up with regard to certain serious
infringements

In addition to the provisions of this section, in particular
1.
Articles 54 and 55, the flag Member State shall take action under
this Section where a vessel flying its flag has committed one of
the following serious infringements:

(a)

directed fishing for a stock which is
moratorium or for which fishing is prohibited;

subject

to a

(b) mis-recording of catches. To be considered for follow-up
this Article the difference between the
action under
inspector's estimates of processed catch on board, by
species or
in total, and the figures recorded in the
production logbook shall be 10 tonnes or 20 %, whichever
is the greater, calculated as a percentage of the production
logbook figures. In order to calculate the estimate of the
catch on board a stowage factor agreed between the
inspectors of
the inspecting Contracting Party and the
Contracting Party of the inspected vessel shall be used;

(c)

the repetition of the same serious infringement mentioned
in Article 51, that has been confirmed in accordance with
Article 52(4), during a hundred day period or within the
fishing trip, whichever is shorter.

2. The flag Member State shall ensure that
following the
inspection referred to in paragraph 3 the vessel concerned ceases
all
fishing activities and an investigation into the serious
infringement is initiated.

3.
If no inspector or other person designated by the flag
Member State of the vessel to carry out the investigation as
outlined in paragraph 1 is present in the Regulatory area, the flag
Member State shall require the vessel to proceed immediately to a
port where the investigation can be initiated.

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4. When completing the investigation for any serious infringe-
ment of mis-recording of catch referred to in paragraph 1(b), the
flag Member State shall ensure that the physical inspection and
enumeration of
total catch on board takes place under its
authority in port. Such inspection may take place in the presence
of an inspector from any another Contracting Party that wishes
to participate, subject to the consent of the flag Member State.

5. When a vessel is required to proceed to port pursuant to
paragraphs 2, 3 and 4, an inspector from another Contracting
Party may board and/or remain on board the vessel as it is
proceeding to port, provided that the competent authority of the
Member State of
the inspected vessel does not require the
inspector to leave the vessel.

Article 57

Enforcement measures

Each flag Member State shall take enforcement measures
1.
with respect
to a vessel, where it has been established in
accordance with its laws that this fishing vessel flying its flag
committed a serious infringement referred to in Article 56.

2. The measures referred to in paragraph 1 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;

(d)

suspension or withdrawal of fishing authorisation;

(e)

reduction or withdrawal of the fishing quota.

3. The flag Member State of the vessel concerned shall notify
the Commission without delay of
the appropriate measures
taken in accordance with this Article. Based on this notification,
the Commission shall notify the NAFO Secretariat of those
measures.

Article 58

Report on serious infringements

In case of a serious infringement referred to in Article 56,
1.
the Member State concerned shall provide the Commission with
a report on the progress of the investigation, including details of
any action taken or proposed to be taken in relation to the
serious infringement as soon as practicable and in any case
within three months following the notification of the infringe-
ment and a report on the outcome of the investigation when the
investigation is completed.

2. The Commission shall compile a Community report on the
basis of the reports of the Member States. It shall send the

Community report on the progress of the investigation to the
NAFO Secretariat within four months following the notification
of the infringement and as soon as possible the report on the
outcome of
investigation is
investigation when the
completed.

the

SECTION 6

Reports

Article 59

Treatment of inspection reports

1.
Inspection and surveillance reports drawn up by NAFO
inspectors shall constitute admissible evidence for judicial or
administrative proceedings of any Member State. For establishing
those reports shall be treated on the same basis as
facts,
inspection and surveillance reports of their own inspectors.

2. Member States shall collaborate in order to facilitate judicial
or other proceedings arising from a report submitted by an
inspector under this scheme, subject to the rules governing the
admissibility of evidence in domestic judicial and other systems.

Article 60

Reports on infringements

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

(a)

(b)

(c)

(d)

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

any significant differences between records of catches in its
vessels'
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;

the progress of

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

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.

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Article 61

(c) mesh size of nets on board and size of

fish retained

onboard.

Reporting on inspection and surveillance activities

Each Member State shall report to the Commission by

1.
15 February each year for the previous calendar year on:

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 infringe-
ment has been committed, the date and location of the
inspection of the vessel concerned and the nature of the
suspected infringement;

(a)

(b)

4. Member States shall ensure that the quantities landed by
species and the quantities retained onboard, if any, be cross-
checked against quantities recorded in the logbook as well as
catch reports on exit from the NAFO Regulatory Area pursuant
to Article 21(2)(d).

Article 63

Port inspection reports

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.

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. 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.

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

CHAPTER V

INSPECTIONS IN PORT

Article 62

Inspection in port

1. Member States shall ensure that all vessels which enter their
ports to land and/or tranship catches from the NAFO Regulatory
Area are submitted to an inspection in port. It shall be prohibited
to land or tranship such catches until the inspection has been
include verification of com-
completed. The inspection shall
pliance 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, with 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 Division or Divisions 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;

CHAPTER VI

NON-CONTRACTING PARTY ACTIVITIES

Article 64

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.

In the case of transhipment activities involving a sighted
2.
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 65

Information on Non-Contracting Party vessels

to inform the vessel

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

to other

regional

that

this

it

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

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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 67(3).

(b)

the species held on board and listed in Annex II were
caught in accordance with the Conservation and Enforce-
ment Measures of NAFO.

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

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 to the identifica-
tion of Non-Contracting Party vessels that might be carrying out
IUU fishing in the NAFO Regulatory Area.

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

Article 66

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 63 and from engaging in joint
fishing operations with such vessels.

Article 67

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 68

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 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 vessel 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

Article 69

Measures in respect of IUU vessels

1. The following measures shall apply to vessels that have been
placed by the Northwest Atlantic Fisheries Organisation (NAFO)
on the list of IUU vessels in Annex XIII:

(a)

Fishing vessels, support vessels, refuel vessels, mother-ship
and cargo vessels flying the flag of a Member State shall not
in any way assist IUU vessels, engage in fish processing
operations or participate in any transhipment or joint
fishing operations with vessels on the IUU list;

(b)

IUU vessels shall not be supplied in ports with provisions,
fuel or other services;

(c)

(d)

(e)

IUU vessels shall not be authorised entry into port of a
Member State, except in case of force majeure;

IUU vessels shall not be authorised to change the crew,
except as required in relation to force majeure;

IUU vessels shall not be authorised to fish in Community
waters and shall be prohibited to be chartered;

(f) Member States shall refuse the granting of their flag to IUU
vessels and encourage importers, transporters and other
sectors concerned to refrain from negotiating and tranship-
ping fish caught by such vessels;

(g)

Imports of
prohibited.

fish coming from IUU vessels

shall be

2. The Commission shall amend the IUU vessels list to be in
accordance with the NAFO list as soon as NAFO adopts a new
list.

CHAPTER VII

FINAL PROVISIONS

Article 70

Procedure for amendments

The Council, acting by qualified majority on a proposal from the
Commission, may amend the provisions of this Regulation in
order to transpose into Community law NAFO Conservation and
the
Enforcement Measures which become obligatory for
Community.

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Article 71

Repeal

Article 72

(EC) No 1262/2000,

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

(EC) No 3069/95,

This Regulation shall enter into force on the 20th day following
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 Luxembourg, 22 October 2007.

For the Council

The President

J. SILVA

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ANNEX I

LIST OF SPECIES

Common English name

Scientific Name

3-Alpha Code

Atlantic Cod

Haddock

Atlantic redfishes

Golden redfish

Beaked redfish (deepwater)

Acadian redfish

Silver hake

Red hake (*)

Pollock (= Saithe)

American plaice

Witch flounder

Yellowtail flounder

Greenland halibut

Atlantic halibut

Winter flounder

Summer flounder

Windowpane flounder

Flatfishes (NS)

American angler (= Goosefish)

Atlantic searobins

Atlantic tomcod

Blue antimora

Blue whiting

Cunner

Cusk (= Tusk)

Greenland cod

Blue ling

Ling

Lumpfish = (Lumpsucker)

Northern kingfish

Northern puffer

Eelpouts (NS)

Ocean pout

Polar cod

Groundfish

Gadus morhua

Melanogrammus aeglefinus

Sebastes sp.

Sebastes marinus

Sebastes mentella

Sebastes fasciatus

Merluccius bilinearis

Urophycis chuss

Pollachius virens

Hippoglossoides platessoides

Glyptocephalus cynoglossus

Limanda ferruginea

Reinhardtius hippoglossoides

Hippoglossus hippoglossus

Pseudopleuronectes americanus

Paralichthys dentatus

Scophthalmus aquosus

Pleuronectiformes

Lophius americanus

Prionotus sp.

Microgadus tomcod

Antimora rostrata

Micromesistius poutassou

Tautogolabrus adspersus

Brosme brosme

Gadus ogac

Molva dypterygia

Molva molva

Cyclopterus lumpus

Menticirrhus saxatilis

Sphaeroides maculatus

Lycodes sp.

Macrozoarces americanus

Boreogadus saida

COD

HAD

RED

REG

REB

REN

HKS

HKR

POK

PLA

WIT

YEL

GHL

HAL

FLW

FLS

FLD

FLX

ANG

SRA

TOM

ANT

WHB

CUN

USK

GRC

BLI

LIN

LUM

KGF

PUF

ELZ

OPT

POC

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Common English name

Scientific Name

3-Alpha Code

Roundnose grenadier

Roughhead grenadier

Sandeels (= Sand Lances)

Sculpins

Scup

Tautog

Tilefish

White hake (*)

Wolffishes (NS)

Atlantic wolffish

Spotted wolffish

Groundfish (NS)

Atlantic herring

Atlantic mackerel

Atlantic butterfish

Atlantic menhaden

Atlantic saury

Bay anchovy

Bluefish

Crevalle jack

Frigate tuna

King mackerel

Coryphaenoides rupestris

Macrourus berglax

Ammodytes sp.

Myoxocephalus sp.

Stenotomus chrysops

Tautoga onitis

Lopholatilus chamaeleonticeps

Urophycis tenuis

Anarhicas sp.

Anarhichas lupus

Anarhichas minor

Pelagics

Clupea harengus

Scomber scombrus

Peprilus triacanthus

Brevoortia tyrannus

Scomberesox saurus

Anchoa mitchilli

Pomatomus saltatrix

Caranx hippos

Auxis thazard

Scomberomourus cavalla

Atlantic Spanish mackerel

Scomberomourus maculatus

Sailfish

White marlin

Blue marlin

Swordfish

Albacore tuna

Atlantic bonito

Little tunny

Bigeye tunny

Northern bluefin tuna

Skipjack tuna

Yellowfin tuna

Tunas (NS)

Pelagic fish (NS)

Istiophorus platypterus

Tetrapturus albidus

Makaira nigricans

Xiphias gladius

Thunnus alalunga

Sarda sarda

Euthynnus alletteratus

Thunnus obesus

Thunnus thynnus

Katsuwonus pelamis

Thunnus albacares

Scombridae

RNG

RHG

SAN

SCU

SCP

TAU

TIL

HKW

CAT

CAA

CAS

GRO

HER

MAC

BUT

MHA

SAU

ANB

BLU

CVJ

FRI

KGM

SSM

SAI

WHM

BUM

SWO

ALB

BON

LTA

BET

BFT

SKJ

YFT

TUN

PEL

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Common English name

Scientific Name

3-Alpha Code

Long-finned squid (Loligo)

Short-finned squid (Illex)

Squids (NS)

Atlantic razor clam

Hard clam

Ocean quahog

Soft clam

Surf clam

Stimpson's surf clam

Clams (NS)

Bay scallop

Calico scallop

Iceland scallop

Sea scallop

Scallops (NS)

Invertebrates

Loligo pealei

Illex illecebrosus

Loliginidae, Ommastrephidae

Ensis directus

Mercenaria mercenaria

Arctica islandica

Mya arenaria

Spisula solidissima

Spisula polynyma

Prionodesmacea, Teleodesmacea

Argopecten irradians

Argopecten gibbus

Chlamys islandica

Placopecten magellanicus

Pectinidae

American cupped oyster

Crassostrea virginica

Blue mussel

Whelks (NS)

Periwinkles (NS)

Marine molluscs (NS)

Atlantic rock crab

Blue crab

Green crab

Jonah crab

Queen crab

Red crab

Stone king crab

Marine crabs (NS)

American lobster

Northern prawn

Aesop shrimp

Penaeus shirmps (NS)

Pink (= Pandalid) shrimps

Marine crustaceans (NS)

Sea-urchin

Marine worms (NS)

Mytilus edulis

Busycon sp.

Littorina sp.

Mollusca

Cancer irroratus

Callinectes sapidus

Carcinus maenas

Cancer borealis

Chionoecetes opilio

Geryon quinquedens

Lithodes maia

Reptantia

Homarus americanus

Pandalus borealis

Pandalus montagui

Penaeus sp.

Pandalus sp.

Crustacea

Strongylocentrotus sp.

Polychaeta

SQL

SQI

SQU

CLR

CLH

CLQ

CLS

CLB

CLT

CLX

SCB

SCC

ISC

SCA

SCX

OYA

MUS

WHX

PER

MOL

CRK

CRB

CRG

CRJ

CRQ

CRR

KCT

CRA

LBA

PRA

AES

PEN

PAN

CRU

URC

WOR

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Common English name

Scientific Name

3-Alpha Code

Horseshoe crab

Limulus polyphemus

Marine invertebrates (NS)

Alewife

Amberjacks

American conger

American eel

Atlantic hagfish

American shad

Argentines (NS)

Atlantic croaker

Atlantic needlefish

Atlantic salmon

Atlantic silverside

Atlantic thread herring

Barid's slickhead

Black drum

Black seabass

Blueback herring

Capelin

Chars (NS)

Cobia

Invertebrata

Other fish

Alosa pseudoharengus

Seriola sp.

Conger oceanicus

Anguilla rostrata

Myxine glutinosa

Alosa sapidissima

Argentina sp.

Micropogonias undulatus

Strongylura marina

Salmo salar

Menidia menidia

Opisthonema oglinum

Alepocephalus bairdii

Pogonias cromis

Centropristis striata

Alosa aestivalis

Mallotus villosus

Salvelinus sp.

Rachycentron canadum

Common (Florida) pompano

Trachinotus carolinus

Gizzard shad

Grunts (NS)

Hickory shad

Lanternfish

Mullets (NS)

Dorosoma cepedianum

Pomadasyidae

Alosa mediocris

Notoscopelus sp.

Mugilidae

North Atlantic harvestfish

Peprilus alepidotus (= paru)

Pigfish

Rainbow smelt

Red drum

Red porgy

Rough scad

Sand perch

Sheepshead

Spot croaker

Spotted weakfish

Orthopristis chrysoptera

Osmerus mordax

Sciaenops ocellatus

Pagrus pagrus

Trachurus lathami

Diplectrum formosum

Archosargus probatocephalus

Leiostomus xanthurus

Cynoscion nebulosus

HSC

INV

ALE

AMX

COA

ELA

MYG

SHA

ARG

CKA

NFA

SAL

SSA

THA

ALC

BDM

BSB

BBH

CAP

CHR

CBA

POM

SHG

GRX

SHH

LAX

MUL

HVF

PIG

SMR

RDM

RPG

RSC

PES

SPH

SPT

SWF

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Common English name

Scientific Name

3-Alpha Code

Squeteague (Gray Weakfish)

Striped bass

Sturgeons (NS)

Tarpon

Trouts (NS)

White perch

Alfonsinos (NS)

Spiny (= picked) dogfish

Dogfishes (NS)

Sand Tiger shark

Porbeagle

Shortfin mako shark

Dusky shark

Great Blue shark

Large sharks (NS)

Cynoscion regalis

Morone saxatilis

Acipenseridae

Tarpon (= megalops) atlanticus

Salmo sp.

Morone americana

Beryx sp.

Squalus acantias

Squalidae

Odontaspis taurus

Lamna nasus

Isurus oxyrinchus

Carcharhinus obscurus

Prionace glauca

Squaliformes

Atlantic Sharpnose shark

Rhizoprionodon terraenova

Black Dogfish

Centroscyllium fabricii

Boreal (Greenland) shark

Somniosus microcephalus

Basking shark

Skates (NS)

Little skate

Arctic skate

Barndoor skate

Winter skate

Thorny skate (Starry Ray)

Smooth skate

Cetorhinus maximus

Raja sp.

Leucoraja erinacea

Amblyraja hyperborea

Dipturus laevis

Leucoraja ocellata

Amblyraja radiata

Malcoraja senta

Spinytail skate (Spinetail Ray)

Bathyraja spinicauda

Finfishes (NS)

STG

STB

STU

TAR

TRO

PEW

ALF

DGS

DGX

CCT

POR

SMA

DUS

BSH

SHX

RHT

CFB

GSK

BSK

SKA

RJD

RJG

RJL

RJT

RJR

RJS

RJO

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 Sub-Areas 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,
regardless of how caught, from Divisions 4W and X, Sub-Area 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, Sub-Area 5 and Statistical Area 6 be designated as
red hake, Urophycis chuss.

5.12.2007

EN

Official Journal of the European Union

L 318/25

ANNEX II

The list that follows is a partial list of stocks that needs to be reported in accordance with Article 21.

ANG/N3NO.
CAA/N3LMN.
CAP/N3LM.
CAT/N3LMN.
HAD/N3LNO.
HAL/N23KL.
HAL/N3M.
HAL/N3NO.
HER/N3L.
HKR/N2J3KL
HKR/N3MNO.
HKS/N3NLMO
RNG/N23.
HKW/N2J3KL
POK/N3O.
RHG/N23.
SKA/N2J3KL
SKA/N3M.
SQI/N56.
VFF/N3LMN.
WIT/N3M.
YEL/N3M.

Lophius americanus
Anarhichas lupus
Mallotus villosus
Anarhichas spp.
Melanogrammus aeglefinus
Hippoglossus hippoglossus
Hippoglossus hippoglossus
Hippoglossus hippoglossus
Clupea harengus
Urophycis chuss
Urophycis chuss
Merlucius bilinearis
Coryphaenoides rupestris
Urophycis tenuis
Pollachius virens
Macrourus berglax
Raja spp.
Raja spp.
Illex illecebrosus
—
Glyptocephalus cynoglossus
Limanda ferruginea

American angler
Atlantic wolfish
Capelin
Catfishes (Wolffishes) nei
Haddock
Atlantic halibut
Atlantic halibut
Atlantic halibut
Herring
Red hake
Red hake
Silver hake
Roundnose grenadier
White hake
Pollock (= Saithe)
Roughhead grenadier
Skates
Skates
Short fin squid
Fishes unsorted, unidentified
Witch flounder
Yellow tail flounder

L 318/26

EN

Official Journal of the European Union

5.12.2007

ANNEX III

MINIMUM FISH SIZE (1)

Species

Atlantic cod

Greenland halibut

American plaice

Yellowtail flounder

Whole

41 cm

30 cm

25 cm

25 cm

(1)

Lower size for green salted fish.

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

Head off

27 cm

N/A

19 cm

19 cm

Head and tail off

Head off and split

22 cm

N/A

15 cm

15 cm

27/25 cm (1)

N/A

N/A

N/A

(1)

Fish size refers to fork length for Atlantic cod, whole length for other species.

5.12.2007

EN

Official Journal of the European Union

L 318/27

ANNEX IV

RECORDING OF CATCH (LOGBOOK ENTRIES)

FISHING LOGBOOK ENTRIES

Item of information
Vessel name
Vessel nationality
Vessel registration number
Registration port
Types of gear used (separate record for different gear types)
Type of gear
— month,
— year,
Position — latitude
— longitude,
— statistical area,

Date — day

(*) Number of hauls during the 24-hour period
(*) Number of hours gear fished during the 24-hour period
Species names (Annex II)
Daily catch of each species (metric tons round fresh weight)
Daily catch of each species for human consumption in the form of fish
Daily catch of each species for reduction
Daily discard of each species
Place(s) of transhipment
Date(s) of transhipment
Master's signature

Standard Code
01
02
03
04
10
20
21
22
31
32
33

40
41

50
61
62
63
70
71
80

(*) When two or more types of gear are used in the same 24-hour period, records should be separate for the different types.

Gear codes

Gear categories

SURROUNDING NETS

SEINE NETS

TRAWLS

With purse lines (purse seines)

One boat operated purse seines

Two boat operated purse seines

Without purse lines (lampara)

Boat or vessel seines

Danish seines

Scottish seines

Pair seines

Seine nets (not specified)

Pots

Bottom trawls

Beam trawls
Otter trawls (1)

Pair trawls

Nephrops trawls

Shrimp trawls

Bottom trawls (not specified)

Standard abbrevia-
tion
code

PS

PS1

PS2

LA

SB

SV

SDN

SSC

SPR

SX

FPO

TBB

OTB

PTB

TBN

TBS

TB

L 318/28

EN

Official Journal of the European Union

5.12.2007

Gear categories

Standard abbrevia-
tion
code

Midwater trawls

Otter trawls

Pair trawls

Shrimp trawls

Midwater trawls (not specified)

Otter twin trawls

Otter trawls (not specified)

Pair trawls (not specified)

Other trawls (not specified)

Boat dredges

Hand dredges

Portable lift nets

Boat operated lift nets

Shore operated stationary lift nets

Lift nets (not specified)

DREDGES

LIFT NETS

FALLING GEAR

GILLNETS AND ENTANGLING NETS

Cast nets

Falling gear (not specified)

Set gillnets (anchored)

Drift nets

Encircling gillnets

Fixed gillnets (on stakes)

Trammel nets

Combined gillnets-Trammel nets

Gillnets and entangling nets (not specified)

Gillnets (not specified)

TRAPS

Stationary uncovered pound-nets

Fyke nets

Stow nets

Barriers, fences, weirs, etc.

Aerial traps

Traps (not specified)

HOOKS AND LINES

Hand-lines and pole-lines (hand operated) (2)

Hand-lines and pole-lines (mechanised)

Set lines (longlines set)

Drifting longlines

Longlines (not specified)

Trolling lines
Hooks and lines (not specified) (3)

Harpoons

Pumps

GRAPPLING AND WOUNDING

HARVESTING MACHINES

Mechanised dredges

Harvesting machines (not specified)

OTM

PTM

TMS

TM

OTT

OT

PT

TX

DRB

DRH

LNP

LNB

LNS

LN

FCN

FG

GNS

GND

GNC

GNF

GTR

GTN

GEN

GN

FPN

FYK

FSN

FWR

FAR

FIX

LHP

LHM

LLS

LLD

LL

LTL

LX

HAR

HMP

HMD

HMX

5.12.2007

EN

Official Journal of the European Union

L 318/29

Gear categories

MISCELLANEOUS GEAR (4)
RECREATIONAL FISHING GEAR
GEAR NOT KNOWN OR NOT SPECIFIED

Standard abbrevia-
tion
code

MIS
RG
NK

(1)

Fisheries agencies may indicate side and stern bottom and side and stern midwater trawls, as OTB-1 and OTB-2, and OTM-1 and OTM-2,
respectively.
Including jigging lines.

(2)
(3) Code LDV for dory operated line gears will be maintained for historical data purposes.
(4) This item includes: hand and landing nets, drive-in-nets, gathering by hand with simple hand implements with or without diving

equipment, poisons and explosives, trained animals, electrical fishing.

1. Main vessel types

Fishing vessel codes

FAO Code

Type of vessel

BO

CO

DB

DM

DO

DO

FO

FX

GO

HOX

HSF

KO

LH

LL

LO

LP

LT

MO

MSN

MTG

MTS

NB

NO

NOX

PO

SN

SO

SOX

Protection vessel

Fish training vessel

Dredger non continuous

Dredger continuous

Beamer

Dredger NEI

Fish carrier

Fishing vessel NEI

Gill netter

Mother ship NEI

Factory mother ship

Hospital ship

Hand liner

Long liner

Liner

Pole and line vessel

Troller

Multipurpose vessels

Seiner hand liner

Trawler drifter

Trawler purse seiner

Lift netter tender

Lift netter

Lift netter NEI

Vessel using pumps

Seine netter

Seiner

Seiner NEI

L 318/30

EN

Official Journal of the European Union

5.12.2007

FAO Code

Type of vessel

SP

SPE

SPT

TO

TOX

TS

TSF

TSW

TT

TTF

TTP

TU

WO

WOP

WOX

ZO

DRN

Purse seiner

Purse seiner european

Tuna purse seiner

Trawler

Trawlers NEI

Side trawler

Side trawler freezer

Side trawler wetfish

Stern trawler

Stern trawler freezer

Stern trawler factory

Outrigger trawlers

Trap setter

Pot vessels

Trap setters NEI

Fish research vessel

Drifnetter

NEI = Not elsewhere identified

2. Main vessel activities

ALFA Code

Category

ANC

DRI

FIS

HAU

PRO

STE

TRX

OTH

Anchoring

Drifting

Fishing

Hauling

Processing

Steaming

Transhipping on or off loading

Others — to be specified

5.12.2007

EN

Official Journal of the European Union

L 318/31

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.

L 318/32

EN

Official Journal of the European Union

5.12.2007

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 10 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.

5.12.2007

EN

Official Journal of the European Union

L 318/33

3.

Large-mesh (modified Polish-type) topside chafer

POLISH 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.

L 318/34

EN

Official Journal of the European Union

5.12.2007

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 centre of the chain
or wire running through the footrope (centre of footrope) to the underside of the fishing line.

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

5.12.2007

EN

Official Journal of the European Union

L 318/35

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:

SR

FR

AD

SQ

TM

RC

TN

NA

MA

XR

LA

LO

RA

DA

TI

OB

DS

ER

Start record

From

Address

Sequence number

Type of message

Radio call sign

Trip number

Vessel name

Master name

External registration number

Latitude

Longitude

Relevant area

Date

Time

On board

Directed species

End of record

2.

‘Entry’ report

M

M

M

M

M

M

O

O

M

O

M

M

M

M

M

M

M

M

System detail; indicates start of record

Name of transmitting party

Message detail; destination, ‘XNW’ for NAFO

Message detail; serial number in current year

Message detail; message type, ‘COE’ as entry report

Vessel registration detail;
vessel

international radio call sign of the

Activity detail; fishing trip serial number in current year

Vessel registration detail; name of the vessel

Name of the master of vessel

Vessel registration detail; the side number of the vessel.

Activity detail; position at time of transmission

Activity detail; position at time of transmission

NAFO Division into which the vessel is about to enter

Message detail; date of transmission

Message detail; time of transmission

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

System detail; indicates end of the record

Data element:

Field
code

Mandatory/
Optional

Remarks:

Start record

From

Address

Sequence number

Type of message

SR

FR

AD

SQ

TM

M

M

M

M

M

System detail; indicates start of record

Name of transmitting Party

Message detail; destination, ‘XNW’ for NAFO

Message detail; serial number in current year

Message detail; message type, ‘ENT’ as Entry report

L 318/36

EN

Official Journal of the European Union

5.12.2007

Field
code

RC

TN

NA

XR

LA

LO

RA

DA

TI

ER

Data element:

Radio call sign

Trip number

Vessel name

External registration number

Latitude

Longitude

Relevant area

Date

Time

End of record

3.

‘Catch’ report

Mandatory/
Optional

Remarks:

M

O

O

O

M

M

M

M

M

M

Vessel registration detail;
vessel

international radio call sign of the

Activity detail; fishing trip serial number in current year

Vessel registration detail; name of the vessel

Vessel registration detail; the side number of the vessel.

Activity detail; position at time of transmission

Activity detail; position at time of transmission

NAFO Division into which the vessel has entered

Message detail; date of transmission

Message detail; time of transmission

System detail; indicates end of the record

Data element

Field
code

Mandatory/
Optional

Remarks:

SR

AD

SQ

TM

RC

TN

NA

IR

XR

LA

LO

CA

Start record

Address

Sequence number

Type of message

Radio call sign

Trip number

Vessel name

Contracting party
Internal reference
Number

External registration number

Latitude

Longitude

Catches

Species

Live weight

Days fished

DF

M

M

M

M

M

O

O

O

O

M1

M1

M

M

M

System detail; indicates start of record

Message detail; destination, ‘XNW’ for NAFO

Message detail; message serial number in current year

Message detail; message type, ‘CAT’ as Catch report

Vessel registration detail;
vessel

international radio call sign of the

Activity detail; fishing trip serial number in current year

Vessel registration detail; name of the vessel

Vessel
number as ISO-3 flag state code followed by number

registration detail; unique Contracting Party vessel

Vessel registration detail; the side number of the vessel

Activity detail; position at time of transmission

Activity detail; position at time of transmission

Activity detail; cumulative catch by species retained on board,
either since commencement of fishing in R.A. or last ‘Catch’
report, in pairs as needed.

FAO species code

Live weight in kilograms, rounded to the nearest 100 kilograms

Activity detail; number of fishing days in the NAFO Regulatory
Area since commencement of fishing or last ‘Catch’ report

5.12.2007

EN

Official Journal of the European Union

L 318/37

Data element

Date

Time

End of record

Field
code

DA

TI

ER

Mandatory/
Optional

M

M

M

Remarks:

Message detail; date of transmission

Message detail; time of transmission

System detail; indicates end of the record

4.

‘Transhipment’ report

Data element:

Field
scode:

Mandatory/
Optional

Remarks:

Start record

From

Address

Sequence number

Type of message

Radio call sign

Trip number

Vessel name

Name of master

External registration number

Quantity on-loaded or off-
loaded

Species

Live weight

Transhipped to

Transhipped from

Latitude

Longitude

Predicted date

Predicted time

Date

Time

End of record

SR

FR

AD

SQ

TM

RC

TN

NA

MA

XR

KG

TT

TF

LA

LO

PD

PT

DA

TI

ER

M

M

M

M

M

M

O

O

O

O

M

M

M (1)

M (1)

M (2)

M (2)

M (2)

M (2)

M

M

M

System detail; indicates start of record

Name of transmitting Party

Message detail; destination, ‘XNW’ for NAFO

Message detail; message serial number in current year

Message detail; message type, ‘TRA’ as Transhipment report

Vessel registration detail;
vessel

international radio call sign of the

Activity detail; fishing trip serial number in current year

Vessel registration detail; name of the vessel

Name of master of vessel

Vessel registration detail; the side number of the vessel

Quantity by species on-loaded or off-loaded in the R.A., in pairs
as needed.

FAO species code

live weight in kilograms, rounded to the nearest 100 kilograms,

Vessel registration detail;
receiving vessel

Vessel registration detail;
donor vessel

international radio call sign of the

international radio call sign of the

Activity detail; estimated latitude where the master intends to
do the transhipment

Activity detail; estimated longitude where the master intends to
do the transhipment

Activity detail; estimated date UTC when the master intends to do the
transhipment (YYYYMMDD)

Activity detail; estimated time UTC when the master intends to do the
transhipment (HHMM)

Message detail; date of transmission

Message detail; time of transmission

System detail; indicates end of the record

(1) Whichever one is appropriate.
(2) Optional for reports sent by the receiving vessel after the transhipment.

L 318/38

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Official Journal of the European Union

5.12.2007

5.

‘Catch on exit’ report

Data element

Field
code

Mandatory/
Optional

Remarks:

Start record

Address

From

Sequence number

Type of message

Radio call sign

Trip number

Vessel name

Master name

SR

AD

FR

SQ

TM

RC

TN

NA

MA

External registration number

XR

LA

LO

RA

CA

DF

DA

TI

ER

Latitude

Longitude

Relevant area

Catch

Species

Live weight

Days fished

Date

Time

End of record

6.

‘Exit’ report

M

M

M

M

M

M

O

O

M

O

M

M

M

M

M

M

M

M

M

System detail; indicates start of record

Message detail; destination, ‘XNW’ for NAFO

Name of transmitting party

Message detail; message serial number in current year

Message detail; ‘COX’ as exit report

Vessel registration detail;
vessel

international radio call sign of the

Activity detail; fishing trip serial number in current year

Vessel registration detail; name of the vessel

Name of master of vessel

Vessel registration detail; the side number of the vessel

Activity detail; position at time of transmission

Activity detail; position at time of transmission

NAFO Area from which the vessel is about to exit

Activity detail; Cumulative catch retained on board by species,
either since commencement of fishing in the R.A. or last ‘Catch’
report, in pairs as needed.

FAO species code

live weight in kilograms, rounded to the nearest 100 kilograms

Activity detail; number of fishing days in the NAFO Regulatory
Area either since commencement of fishing or last ‘Catch’
report

Message detail; date of transmission

Message detail; time of transmission

System detail; indicates end of the record

Data element

Field
code

Mandatory/
Optional

Remarks:

Start record

Address

From

Sequence number

Type of message

SR

AD

FR

SQ

TM

M

M

M

M

M

System detail; indicates start of record

Message detail; destination, ‘XNW’ for NAFO

Name of transmitting party

Message detail; message serial number in current year

Message detail; ‘EXI’ as exit report

5.12.2007

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Official Journal of the European Union

L 318/39

Data element

Radio call sign

Trip number

Vessel name

Master name

External registration number

Latitude

Longitude

Date

Time

End of record

Field
code

RC

TN

NA

MA

XR

LA

LO

DA

TI

ER

7.

‘Port of landing’ report

Mandatory/
Optional

Remarks:

M

O

O

M

O

M

M

M

M

M

Vessel registration detail;
vessel

international radio call sign of the

Activity detail; fishing trip serial number in current year

Vessel registration detail; name of the vessel

Name of master of vessel

Vessel registration detail; the side number of the vessel

Activity detail; position at time of transmission

Activity detail; position at time of transmission

Message detail; date of transmission

Message detail; time of transmission

System detail; indicates end of the record

Data element:

Field
code:

Mandatory/
Optional

Remarks:

Start record

From

Address

Sequence number

Type of message

Radio call sign

Trip number

Vessel name

Name of master

External registration number

7.1. Latitude

Longitude

Coastal State

Name of port

Predicted date

Predicted time

Quantity to be landed

Species

Live weight

SR

FR

AD

SQ

TM

RC

TN

NA

MA

XR

LA

LO

CS

PO

PD

PT

KG

M

M

M

M

M

M

O

O

O

O

M (1)

M (1)

M

M

M

M

M

System detail; indicates start of record

Name of transmitting Party

Message detail; destination ‘XNW’ for NAFO

Message detail; serial number of the report from the vessel in
the relevant year

Message detail; message type, ‘POR’

Vessel registration detail;
vessel

international radio call sign of the

Activity detail; fishing trip serial number in current year

Vessel registration detail; name of the vessel

Name of master of vessel

Vessel registration detail; the side number of the vessel

Activity detail; position at time of transmission

Activity detail; position at time of transmission

Activity detail; coastal State of port of landing

Activity detail; name of port of landing

Activity detail; estimated date UTC when the master intends to
be in port (YYYYMMDD)

Activity detail; estimated time UTC when the master intends to
be in port (HHMM)

Activity detail; quantity by species to be landed in the port, in
pairs as needed.

FAO species code

Live weight in kilograms, rounded to the nearest 100 kilograms

L 318/40

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Official Journal of the European Union

5.12.2007

Data element:

Quantity on board

species

live weight

Date

Time

End of record

Field
code:

OB

DA

TI

ER

Mandatory/
Optional

Remarks:

M

M

M

M

Activity detail; quantity by species on board, in pairs as needed

FAO species code

Live weight in kilograms, rounded to the nearest 100 kilograms

Message detail; UTC date of transmission

Message detail; UTC time of transmission

System detail; indicates end of the record

(1) Optional if a vessel is subject to satellite tracking.

5.12.2007

EN

Official Journal of the European Union

L 318/41

ANNEX VIII

OBSERVER SUMMARY REPORT

L

3
1
8
/
4
2

E
N

O

f
f
i
c
i
a
l

J
o
u
r
n
a
l

o
f

t
h
e

E
u
r
o
p
e
a
n

U
n
o
n

i

.

.

5
1
2
2
0
0
7

5.12.2007

EN

Official Journal of the European Union

L 318/43

L 318/44

EN

Official Journal of the European Union

5.12.2007

ANNEX IX

Report of inspection

5.12.2007

EN

Official Journal of the European Union

L 318/45

L 318/46

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Official Journal of the European Union

5.12.2007

5.12.2007

EN

Official Journal of the European Union

L 318/47

ANNEX X

NAFO Inspection Seal

The NAFO Inspection Seal shall be as follows:

Name . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . LOB TAG

Mark . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ‘NAFO Inspection No of six digits’

Material

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . polyethylene recyclable

Colour

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . orange

Melt index . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6,70 + 0,60 (by international standard)

Density . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 953 + 0,003 (by international standard)

Breaking point (load)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . min. 45 kg (t o 20 oC)

L 318/48

EN

Official Journal of the European Union

5.12.2007

ANNEX XI

Surveillance report form

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EN

Official Journal of the European Union

L 318/49

L 318/50

EN

Official Journal of the European Union

5.12.2007

ANNEX XII

Port inspection report

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EN

Official Journal of the European Union

L 318/51

L 318/52

EN

Official Journal of the European Union

5.12.2007

5.12.2007

EN

Official Journal of the European Union

L 318/53

L 318/54

EN

Official Journal of the European Union

5.12.2007

5.12.2007

EN

Official Journal of the European Union

L 318/55

ANNEX XIII

List of NAFO IUU vessels

Vessel name

Current Flag State

Radio call sign

(+ known previous name)

(known prev. flag State)

(RC)

IMO number

Carmen

(Ostovets)
EVA

(Oyra)
Isabella

(Olchan)
Juanita

(Ostroe)
Ulla

(Lisa, Kadri)

Georgia

(Dominica)
Georgia

(Dominica)
Georgia

(Dominica)
Georgia

(Dominica)
Georgia

(Dominica)

4LSK

4LPH

4LSH

4LSM

8522030

8522119

8422838

8522042

unknown

8606836

L 318/56

EN

Official Journal of the European Union

5.12.2007

ANNEX XIV(a)

1.

Daily catch report — Chapter VII (CAX)

Data element

Code

Mandatory/
Optional

Remarks

Start record

Address

Sequence number

Type of message

Radio call sign

Trip number

Vessel name

Contracting Party
Internal Reference
Number

External registra-
tion number

Relevant area

Latitude

Longitude

Daily catches

SR

AD

SQ

TM

RC

TN

NA

IR

XR

RA

LA

LO

CA

species

live weight

Discarding

RJ

Species

Live weight

M

M

M

M

M

O

O

O

O

M

M (1)

M (1)

M

M

M

System detail; indicates start of record

Message detail; destination, ‘XNW’ for NAFO

Message detail; message serial number in current year

Message detail; message type, ‘CAX’ as Catch report

Vessel registration detail; international radio call sign of the vessel

Activity detail; fishing trip serial number in current year

Vessel registration detail; name of the vessel

Vessel registration detail; unique Contracting Party vessel number as
ISO-3 Flag State code followed by number

Vessel registration detail; the side number of the vessel

Activity detail: NAFO Division

Activity detail; position at time of transmission

Activity detail; position at time of transmission

Activity detail; cumulative catch by species retained on board
(exclusive of discards), either since commencement of fishing in
R.A. (2) or last ‘Catch’ report, in pairs as needed.

FAO species code

Live weight in kilograms, rounded to the nearest 100 kilograms

Activity detail; discarded catch by species, either since commence-
ment of fishing in R.A. (2) or last ‘Catch’ report, in pairs as needed.

FAO species code

Live weight in kilograms, rounded to the nearest 100 kilograms

Undersize

US

M

Activity detail; undersize catch by species, either since commence-
ment of fishing in R.A. (2) or last ‘Catch’ report, in pairs as needed.

Species

Live weight

FAO species code

Live weight in kilograms, rounded to the nearest 100 kilograms

Date

Time

End of record

DA

TI

ER

M

M

M

Message detail; date of transmission

Message detail; time of transmission

System detail; indicates end of the record

(1) Optional if a vessel is subject to satellite tracking
(2) Meaning the first ‘Catch Report’ in current fishing trip in the R.A.

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Official Journal of the European Union

L 318/57

2.

Observer report (OBR)

Data element

Code

Mandatory/
Optional

Remarks

System detail; indicates start of record

Message detail; destination, ‘XNW’ for NAFO

Message detail; message serial number in current year

Message detail; message type, ‘OBR’ as Observer report

Vessel registration detail; international radio call sign of the vessel

Activity detail; FAO code for fishing gear

Activity detail; FAO species code

Activity detail; average mesh size in millimeters

Activity detail; NAFO Division

Activity detail; cumulative catch by species retained on board,
(exclusive of discards), either since commencement of fishing in
R.A. (2) or last ‘Catch’ report, in pairs as needed.
FAO species code
Live weight in kilograms, rounded to the nearest 100 kilograms

Activity detail; discarded catch by species, either since commence-
ment of fishing in R.A. (2) or last ‘Catch’ report, in pairs as needed.
FAO species code
Live weight in kilograms, rounded to the nearest 100 kilograms

Activity detail; undersize catch by species, either since commence-
ment of fishing in R.A. (2) or last ‘Catch’ report, in pairs as needed.
FAO species code
Live weight in kilograms, rounded to the nearest 100 kilograms

Activity detail; ‘Yes’ or ‘No’ (4)

Activity detail; code for the production. See Annex XIV(b)

Activity detail; observers verification if the reports made by the
captain are correct, ‘Yes’ or ‘No’ (5)

Activity detail; ‘Yes’ or ‘No’ (6)

Message detail; name of the observer signing the report

Message detail; date of transmission

SR

AD

SQ

TM

RC

GE

DS

ME

RA

CA

Start record

Address

Sequence number

Type of message

Radio call sign

Fishing gear

Directed species (1)

Mesh size

Relevant area

Daily catches

Species
Live weight

M

M

M

M

M

M

M

M

M

M
M

Discarding

RJ

M (3)

Species
Live weight

Undersize

US

M (3)

Species
Live weight

Log book

Production

Hails

Apparent infringe-
ments

Observer name

Date

Free text

Time

End of record

LB

PR

HA

AF

ON

DA

MS

TI

ER

M

M

M

M

M

M

O (7)

Activity detail; for further comments by the observer

M

M

Message detail; time of transmission

System detail; indicates end of the record

(1) Directed species is the species which represents the greatest catch for that day.
(2) Meaning the first ‘Catch Report’ in current fishing trip in the R.A.
(3) Only to be transmitted if relevant
(4)
(5)
(6)
(7) Mandatory if ‘LB’ = ‘No’, or ‘HA’ = ‘No’, or ‘AF’ = ‘Yes’

‘Yes’ if the observer approves the Log Book entries by the captain
‘Yes’ if the observer approves the Hails transmitted by the captain
‘Yes’ if an infringement is observed

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Official Journal of the European Union

5.12.2007

ANNEX XIV(b)

Product form codes

Code

Product form

A

B

C

D

E

F

G

H

I

J

K

L

M

N

Round — Frozen

Round — Frozen (Cooked)

Gutted head on — Frozen

Gutted head off — Frozen

Gutted head off — Trimmed — Frozen

Skinless fillets — Frozen

Skin on fillets — Frozen

Salted fish

Pickled fish

Canned products

Oil

Meal produced from round fish

Meal produced from offal

Other (specify)