Proposal for a Council Regulation amending Council Regulation 1386/2007 laying down conservation and enforcement measures applicable in the Regulatory Area of the Northwest Atlantic Fisheries Organisation
Date: 2008-02-26
Institutions: European Commission
Subjects: North-West Atlantic Fisheries Organisation, conservation of fish stocks, fishing area, fishing controls, fishing regulations

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 26.2.2008 
COM(2008) 107 final 

Proposal for a 

COUNCIL REGULATION 

amending Council Regulation 1386/2007 laying down conservation and enforcement 
measures applicable in the Regulatory Area of the Northwest Atlantic Fisheries 
Organisation 

(presented by the Commission) 

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EXPLANATORY MEMORANDUM 

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

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

During its 2007 annual meeting, held in Lisbon between 24-28 September, NAFO adopted a 
number  of  modifications  to  these  conservation  and  enforcement  measures.  The  following 
modifications were adopted: 

– 

A definition of the concept of transhipments; 

–  Mesh size provisions for the redfish fishery in NAFO Division 3O; 

– 

– 

– 

Introduction of a closed area for bottom contact gear to protect vulnerable deep 
sea corals; 

Additional  catch  reporting  requirements  for  the  shrimp  fishery  in  NAFO 
Division 3L; 

Technical  requirements  for  the  construction  of  boarding  ladders  and  pilot 
hoists; 

– 

Amendments to the list of stocks subject to regular reporting requirements; 

–  Modifications to the template for port inspections; and 

–  Modifications to the list of product codes intended to apply the same standards 

as those in force in the North East Atlantic. 

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

These modifications are binding and should therefore be implemented in Community law. 

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

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

The proposal has no implications for the Community budget. 

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

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

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Proposal for a 

COUNCIL REGULATION 

amending Council Regulation 1386/2007 laying down conservation and enforcement 
measures applicable in the Regulatory Area of the Northwest Atlantic Fisheries 
Organisation 

THE COUNCIL OF THE EUROPEAN UNION, 

Having regard to the Treaty establishing the European Community, 

Having regard to Council Regulation 1386/2007, and in particular Article 70 thereof, 

Having regard to the proposal from the Commission, 

Whereas: 

(1) 

(2) 

Council  Regulation  (EC)  No  1386/2007  laying  down  conservation  and  enforcement 
measures  applicable  in  the  Regulatory  Area  of  the  Northwest  Atlantic  Fisheries 
Organisation  implements  certain  conservation  and  enforcement  measures  adopted  by 
the Northwest Atlantic Fisheries Organisation (hereinafter referred to as "NAFO"). 

At its twenty-ninth Annual meeting held in September 2007, NAFO adopted a number 
of  amendments  to  the  conservation  and  enforcement  measures  of  NAFO.  Those 
amendments  relate  to  the  provisions  on  mesh  size,  transhipments,  closed  areas  to 
ensure  coral  protection,  catch  reports,  definition  of  serious  infringement,  product 
codes,  the  port  inspection  format  as  well  as  technical  requirements  for  boarding 
ladders. 

(3) 

Regulation (EC) 1386/2007 should therefore be amended accordingly, 

HAS ADOPTED THIS REGULATION: 

Article 1 

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

(1) 

In Article 3, the following point 20 is added: 

"20)  “Transhipment”  means  the  transfer,  over  the  side,  of  any  quantity  of  fisheries 
resources  or  products  thereof  retained  on  board,  from  one  fishing  vessel  to 
another.

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(2) 

In Article 7, the following paragraph 4 is added: 

"4. Vessels fishing for redfish in Division 3O using mid-water trawls shall use nets 
with a minimum mesh size of 90 mm." 

(3) 

Article 12 shall read as follows: 

Fisheries restricted areas 

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

Area 

Coordinate 1 

Coordinate 2 

Coordinate 3 

Coordinate 4 

Orphan Knoll 

50.00.30 

51.00.30 

51.00.30 

47.00.30 

45.00.30 

47.00.30 

Corner 

35.00.00 

36.00.00 

36.00.00 

Seamounts 

48.00.00 

48.00.00 

52.00.00 

Newfoundland 

43.29.00 

44.00.00 

44.00.00 

Seamounts 

43.20.00 

43.20.00 

46.40.00 

New England 

35.00.00 

39.00.00 

39.00.00 

Seamounts 

57.00.00 

57.00.00 

64.00.00 

50.00.30 

45.00.30 

35.00.00 

52.00.00 

43.29.00 

46.40.00 

35.00.00 

64.00.00 

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

Point No. 

Latitude 

Longitude 

1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

42°53’00”N 

51° 00’ 00”W 

42°52’04”N 

51° 31’ 44”W 

43°24’13”N 

51° 58’ 12”W 

43°24’20”N 

51° 58’ 18”W 

43°39’38”N 

52° 13’ 10”W 

43°40’59”N 

52° 27’ 52”W 

43°56’19”N 

52° 39’ 48”W 

44°04’53”N 

52° 58’ 12”W 

44°18’38”N 

53° 06’ 00”W 

44°18’36”N 

53° 24’ 07”W 

44°49’59”N 

54° 30’ 00”W 

44°29’55”N 

54° 30’ 00”W 

43°26’59”N 

52° 55’ 59”W 

42°48’00”N 

51° 41’ 06”W 

42°33’02”N 

51° 00’ 00”W 

(4) 

In Article 21(2), the following point (f) is added: 

"f)  catch  prior  to  entry  and  exit  from  Division  3L.  These  reports  shall  be  made  by 
vessels that fish shrimp in Division 3L and shall be sent one hour prior to crossing 
the  boundary  of  that  Division.  The  report  shall  indicate  the  catches  taken  onboard 
since  the  previous  catch  report,  by  Division  and  species  (3  alpha  code)  in  kg, 
rounded to the nearest 100 kg."  

(5) 

Article 47 is amended as follows: 

- 

point (b) is replaced by the following: 

"(b)  provide  a  boarding  ladder  constructed  and  used  as  described  in  the 

conservation and enforcement measures of NAFO." 

- 

the following point (b)a is inserted: 

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"(b)a if a mechanical hoist is provided, ensure that its ancillary equipment is of 
a type approved by the national administration. It shall be of such design 
and  construction  as  to  ensure  that  the  inspector  can  be  embarked  and 
disembarked  in  a  safe  manner  including  a  safe  access  from  the  hoist  to 
the  deck  and  vice  versa.  A  boarding  ladder  complying  with  the 
provisions  of  point  (b)  shall  be  kept  on  deck  adjacent  to  the  hoist  and 
available for immediate use." 

(6) 

(7) 

(8) 

Annex II is amended in accordance with Annex I to this Regulation. 

Annex XII is amended in accordance with Annex II to this Regulation.  

Annex XIII is deleted. 

(9) 

Annex XIV (b) is amended in accordance with Annex III to this Regulation. 

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

Article 2 

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

Done at Brussels,  

For the Council 
The President 

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Annex II of Regulation (EC) No 1386/2007 is replaced by the following: 

ANNEX I 

ANNEX II 

The list that follows is a list of stocks that needs to be reported in accordance with Article 22. 

ANG/N3NO. 

Lophius americanus 

American angler 

CAA/N3LMN. 

Anarhichas lupus 

Atlantic wolfish 

CAP/N3LM. 

Mallotus villosus 

Capelin 

CAT/N3LMN. 

Anarhichas spp. 

Catfishes (Wolffishes) nei 

HAD/N3LNO.  Melanogrammus aeglefinus 

Haddock 

HAL/N23KL. 

Hippoglossus hippoglossus 

Atlantic halibut 

HAL/N3M. 

Hippoglossus hippoglossus 

Atlantic halibut 

HAL/N3NO. 

Hippoglossus hippoglossus 

Atlantic halibut 

HER/N3L. 

Clupea harengus 

HKR/N2J3KL 

Urophycis chuss 

HKR/N3MNO.  Urophycis chuss 

Herring 

Red hake 

Red hake 

HKS/N3LMNO  Merlucius bilinearis 

Silver hake 

RNG/N23. 

Coryphaenoides rupestris 

Roundnose grenadier 

HKW/N2J3KL 

Urophycis tenuis 

White hake 

POK/N3O. 

Pollachius virens 

Pollock (=Saithe) 

PRA/N3LM 

Pandalus borealis 

Northern prawn 

RHG/N23. 

Macrourus berglax 

Roughhead grenadier 

SKA/N2J3KL 

Raja spp. 

SKA/N3M. 

Raja spp. 

Skates 

Skates 

SQI/N56. 

Illex illecebrosus 

Short fin squid 

VFF/N3LMN. 

- 

Fishes unsorted, unidentified 

WIT/N3M. 

Glyptocephalus cynoglossus  Witch flounder 

YEL/N3M. 

Limanda ferruginea 

Yellow tail flounder 

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Annex XII of Regulation (EC) No 1386/2007 is replaced by the following: 

ANNEX II  

ANNEX XII 

Port Inspection Report 

A. “PORT INSPECTION REPORT” FORM 

Page n° 

Of

1. 

INSPECTION REFERENCE 

Inspection authority 

Date of the report 

Port of inspection 

Vessel name 

2. 

TRIP INFORMATION1 

Date trip started 

Trip number2 

Activity in the NAFO RA : 

Date Entry in the RA 

Date Exit from the RA 

Other Areas visited 

Date trip ended 

1 

2 

To be filled in by the inspection authority or any alternate body nominated by the authorities as soon as 
the vessel land to port, based on logbook records. 
Where applicable. 

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3. 

VESSEL IDENTIFICATION3 

External Identification 

International Radio Call Sign 

Flag State 

NAFO Contracting Party 

Home port 

Vessel owner 

Vessel operator 

Master name 

4. 

RESULT OF INSPECTION OF DISCHARGE4 

4.1. 

General information 

Starting of discharge : 

Ending of discharge : 

Has  vessel  discharged  all  catches  on 
board? 

Date

Date

YES 

NO 

Comments 

Time

Time

If YES, fill in table 4.2 

IF NO, fill table 4.3 

3 
4 

To be filled in based on the license information. 
To be filled in after completion of discharge. 

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4.2. 

Quantity discharged 

Species 
(FAO 
Code) 

Presentation 

Live Weight 
(Log Book, Kg) 

Conversion 
factor  

Landing 
Processed 
Wt 
(kg) 

Equivalent 
live weight 
(kg) 

Diff. 
(Kg) 

Diff. 
(%) 

Comments 

4.3. 

Quantity staying on board the vessel 

To be filled where part of the catches stay on board after completion of discharge 

Species 

Presentation 

Conversion factor  

Process weight (kg) 

Equivalent live 
weight (kg) 

Comments 

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5. 

GEAR INSPECTION IN PORT5 

5.1. 

General data 

Number of gear inspected  

Date gear inspection 

Has the vessel been cited ? 

If Yes, complete the full “verification of inspection 
in port” form.  

(cid:133) 

Yes 

If  No,  complete  the  form  with  the  exception  of  the 
NAFO Seal Details. 

(cid:133) 

No 

5.2. 

Otter Trawl details  

NAFO Seal number 

Is seal undamaged? 

Yes 

No 

Gear Type: 

Attachments: 

Grate Bar Spacing (mm) 

Mesh Type: 

Average mesh sizes (mm) 

TRAWL PART 

Wings: 

Body: 

Lengthening. Piece: 

Codend: 

5 

Verification shall be done when non-compliance have been cited / observed during inspection at sea. To 
be  filled  in  when  port  inspection  also  concerns  inspection  of  gears  on  board.  A  detail  form  shall  be 
filled in for every gear having been subject to port inspection. 

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6. INFRINGEMENTS AND FOLLOW-UP 

6.1 

Sea Inspection 

Infringements resulting from 

Inspections inside NAFO R.A. 

Inspection 
Party 

Date of insp. 

Division 

NAFO  CEM 
reference  

infringement 

legal 

6.2 

Port Inspection Infringements results 

( a ) - Confirmation of Infringements found at sea inspection 

NAFO CEM infringement legal reference 

National Infringement legal reference 

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( b ) - Infringements found at sea inspection and not possible to be 

confirmed during the Port Inspection. 

Comments : 

( c ) - Additional infringements found during the Port Inspection 

NAFO CEM infringement legal reference 

National Infringement legal reference 

Follow-up comments : 

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B.INFORMATION TO BE INSERTED IN THE REPORT 

1. INSPECTION REFERENCES 

Data Element 

M /O 

Category ; Definition 

Inspection 
authority 

Date 

Port of inspection 

Vessel Name 

M 

M 

M 

M 

2. TRIP INFORMATION 

Inspection detail : Name of the inspection authority or of the alternate body 
nominated by the authority 

Inspection detail : Date the report is compiled 

Vessel activity detail : Place where the vessel is inspected : port followed by ISO –
3 code of the country as “St Johns / CAN” 

Vessel registration detail; name of the vessel 

Data Element 

M /O 

Category ; Definition 

Date trip started 

Vessel trip number 

Date Entry in the RA 

M 

O 

M 

Date Exit from the RA  M 

Vessel activity details : date started the current fishing trip 

Vessel activity details : Number of the fishing trip in current year 

Vessel activity details : Date the vessel entered the NRA for the current fishing trip 

Vessel activity details : Date the vessel exited from the NRA for the current fishing 
trip 

Other areas visited 

O 

Vessel activity detail : other area where vessel have been fishing during the 
current trip 

Date trip Ended 

M 

Vessel activity details : date ended the current fishing trip 

3. VESSEL IDENTIFICATION 

Data Element 

M /O 

Category ; Definition 

External Identification 
Number 

International Radio Call Sign 

Flag State 

M 

M 

M 

NAFO Contracting Party 

O (1) 

Home port 

Vessel owner 

O 

M 

Vessel registration details : Side Number of the vessel 

Vessel registration details : International Radio Call Sign of the vessel 

Vessel registration detail; State where the vessel is registered, 3-ISO 
country code 

Vessel registration detail :NAFO contracting party of the vessel, as ISO 
code of the country, EUR for European Community, NCP for Non 
Contracting Party  

Vessel registration details : Port of registration of the vessel or homeport 

Vessel registration details : name and address of the vessel owner 

Vessel operator 

M (2) 

Vessel registration details : responsible for using the vessel 

Master name 
(1) if different from the flag state 
(2) if different from the vessel owner 

O 

Vessel activity details : name of the master 

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4. RESULT OF INSPECTION ON DISCHARGE 

4.1 General Information 

Data Element 

M /O 

Category ; Definition 

Start date of discharge 

End date of discharge 

Has vessel landed all 
catches on board? 

Comments 

M 

M 

M 

O 

Discharge detail: date the vessel started discharge  

Discharge detail: date the vessel finished discharge 

Discharge detail : Has vessel landed all catches on board?, answer Y if yes, N if 
not 

Discharge detail: comments as necessary.  

If discharge as not been completed, please give an estimation on catch still on 
board 

4.2 Quantity Discharged 

Data Element 

M /O 

Category ; Definition 

Species 

Presentation 

Live Weight 

Conversion factor 

Process weight 

M 

M 

M 

O 

M 

Discharge detail : FAO 3-alpha code (part V, schedule II, attachment II) 

Discharge detail : Product form  

Quantities determined from the logbook. 

Product detail : Conversion factor as define by the master for the corresponding 
species, size and presentation, optional if already mention in table B 

Discharge detail : Quantities landed by species and presentation, in kilograms of 
product, rounded to the nearest 10 kg 

Equivalent live weight 

M 

Discharge detail : Quantities landed in equivalent live weight, as “product weight 
x conversion factor”, in kilograms, rounded to the nearest 10 kg 

Comments 

O 

Discharge Details : free text area 

4.3 Quantities Staying On Board The Vessel 

Data Element 

M /O 

Category ; Definition 

Species 

Presentation 

Conversion factor 

Process weight 

M 

M 

O 

M 

Discharge detail: FAO 3-alpha code (part V, schedule II, attachment II) 

Discharge detail: Product form 

Product detail: Conversion factor as define by the master for the corresponding 
species, size and presentation, optional if already mention in table B 

Discharge detail: Quantities landed by species and presentation, in kilograms of 
product, rounded to the nearest 10 kg 

Equivalent live weight 

M 

Discharge detail: Quantities landed in equivalent live weight, as “product weight x 
conversion factor”, in kilograms, rounded to the nearest 10 kg 

Comments 

O 

Discharge Details: free text area 

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5. RESULT OF GEAR INSPECTION6 

5.1 General Information 

Data Element 

M /O 

Date of inspection 

Inspected gear 

M 

M 

5.2 Otter Trawl Details 

Category ; Definition 

Inspection detail : Date of current gear inspection 

Inspection detail : number of gear checked during port inspection 

Data Element 

M /O 

Category ; Definition 

NAFO seal number 

Is Seal Undamaged ? 

Gear type 

Attachments 

Grade bar spacing 

Mesh type 

Mesh size average 

Trawl part 

Mesh size 

M 

M 

M 

M 

M 

M 

M 

M 

Inspection detail (if required) : Number of the NAFO seal attached to the gear after 
inspection at sea 

Whether NAFO inspection seal is intact. – “yes” or “no” 

International Standard Statistical Classification of the Fishing Gear , OTB for otter 
trawl 

Otter trawl detail : attachment to footrope 

Otter trawl detail : grade bar spacing in millimetres 

Otter trawl detail : respectively mesh type: SQ for square mesh , DI for diamant 
mesh 

Otter trawl detail : average mesh size in the trawl part, by pair 

Trawl part measured 

Mesh size in millimetres 

6 

Verification shall be done when non-compliance have been cited / observed during inspection at sea. To 
be  filled  in  when  port  inspection  also  concerns  inspection  of  gears  on  board.  A  detail  form  shall  be 
filled in for every gear having been subject to port inspection. 

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6. INFRINGEMENTS AND FOLLOW-UP 

6.1 Sea Inspection 

Data Element 

M /O 

Inspectors team 

Date of inspection 

Legal reference 

M 

M 

M 

Category ; Definition 

Contracting Party name; Fishery Patrol Vessel name 

Mention of the NAFO CEM Chapter; Article(s) paragraph(s) for each infringement 

6.2 Port Inspection Infringements Results 

(a) – Confirmation of Infringements Found At Sea Inspection 

Data Element 

M /O 

Category ; Definition 

Identification of the 
NAFO infringement 

Identification of the 
National 
infringement 

M 

Mention of the NAFO CEM Chapter; Article(s) paragraph(s) for each infringement 

O 

Mention of the National Reg. title Chapter; Article(s) paragraph(s) for each 
infringement 

(c) – Additional Infringements Found During The Port Inspection 

Data Element 

M /O 

Category ; Definition 

Identification of the 
NAFO infringement 

Identification of the 
National 
infringement 

M 

Mention of the NAFO CEM Chapter; Article(s) paragraph(s) for each infringement 

O 

Mention of the National Reg. title Chapter; Article(s) paragraph(s) for each 
infringement 

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Annex XIV(b) of Regulation (EC) No 1386/2007 is replaced by the following: 

ANNEX III 

Annex XIV(b) 

Product form codes 

Code 

Product From 

A 

B 

C 

D 

E 

F 

G 

H 

I 

J 

K 

L 

M 

N 

O 

P 

Round – Frozen 

Round - Frozen (Cooked) 

Gutted Head on - Frozen 

Gutted Head Off – Frozen 

Gutted Head Off – Trimmed – Frozen 

Skinless Fillets – Bone in – Frozen 

Skinless Fillets – Boneless – Frozen 

Skin on Fillets – Bone in – Frozen 

Skin on Fillets – Boneless – Frozen 

Salted Fish 

Pickled Fish 

Canned Products 

Oil 

Meal Produced from Round Fish 

Meal Produced from Offal 

Other (Specify) 

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