Proposal for a Council Regulation amending Council Regulation(EC) No 1386/2007 laying down conservation and enforcement measures applicable in the Regulatory Area of the Northwest Atlantic Fisheries Organisation
Date: 2009-04-16
Institutions: European Commission
Subjects: Atlantic Ocean, North-West Atlantic Fisheries Organisation, conservation of fish stocks, fishery management, fishing area, fishing controls, fishing regulations

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COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 16.4.2009 
COM(2009) 173 final 

Proposal for a 

COUNCIL REGULATION 

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

(presented by the Commission) 

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EXPLANATORY MEMORANDUM 

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

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

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

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

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

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

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

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

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

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

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

The proposal has no implications for the Community budget. 

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

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

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Proposal for a 

COUNCIL REGULATION 

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

THE COUNCIL OF THE EUROPEAN UNION, 

Having regard to the Treaty establishing the European Community, 

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

Having regard to the proposal from the Commission1, 

Whereas: 

(1) 

(2) 

(3) 

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

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

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

HAS ADOPTED THIS REGULATION: 

1 

OJ C, , p. . 

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Article 1 

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

1. 

In Article 3, the following paragraphs are added: 

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

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

23. “New bottom fishing areas” means any area, other than existing bottom fishing 

areas, in which bottom fishing activities are conducted".  

2. 

In Article 6, the following paragraph is added: 

"4.  Masters of Community vessels shall record coordinates pertaining to the start 

and end locations of any trial tow conducted in accordance with paragraph 3." 

3. 

Article 11 is replaced by the following: 

"Article 11 

Special provisions for shrimp fishery in Division 3L 

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

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4. 

Article 12 is replaced by the following: 

"Article 12 

Fisheries restricted areas 

1. 

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

Area 

Coordinate 1 

Coordinate 2 

Coordinate 3 

Coordinate 4 

Orphan Knoll 

Corner 
Seamounts 

Newfoundland 
Seamounts 

New England 
Seamounts 

Fogo 
Seamount 1 

Fogo 
Seamount 2 

50.00.30N 
47.00.30W 

35.00.00 N 
48.00.00 W 

43.29.00 N 
43.20.00 W 

35.00.00 N 
57.00.00 W 

42.31.33 N 
53.23.17 W 

41.07.22 N 
52.27.49 W 

51.00.30N 
45.00.30W 

36.00.00 N 
48.00.00 W 

44.00.00 N 
43.20.00 W 

39.00.00 N 
57.00.00 W 

42.31.33 N 
52.33.37 W 

41.07.22 N 
51.38.10 W 

51.00.30N 
47.00.30W 

36.00.00 N 
52.00.00 W 

44.00.00 N 
46.40.00 W 

39.00.00 N 
64.00.00 W 

41.55.48 N 
53.23.17 W 

40.31.37 N 
52.27.49 W 

50.00.30N 
45.00.30W 

35.00.00 N 
52.00.00 W 

43.29.00 N 
46.40.00 W 

35.00.00 N 
64.00.00 W 

41.55.48 N 
52.33.37 W 

40.31.37 N 
51.38.10 W 

2. 

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

Coordinate No.
1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 

Latitude 
42°53’00”N 
42°52’04”N 
43°24’13”N 
43°24’20”N 
43°39’38”N 
43°40’59”N 
43°56’19”N 
44°04’53”N 
44°18’38”N 
44°18’36”N 
44°49’59”N 
44°29’55”N 
43°26’59”N 
42°48’00”N 
42°33’02”N 

Longitude 
51° 00’ 00”W 
51° 31’ 44”W 
51° 58’ 12”W 
51° 58’ 18”W 
52° 13’ 10”W 
52° 27’ 52”W 
52° 39’ 48”W 
52° 58’ 12”W 
53° 06’ 00”W 
53° 24’ 07”W 
54° 30’ 00”W 
54° 30’ 00”W 
52° 55’ 59”W 
51° 41’ 06”W 
51° 00’ 00”W 

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The following Chapter IIa is inserted: 

"CHAPTER IIa  

PROTECTION OF VULNERABLE MARINE ECOSYSTEMS 

Article 12a 

Definition of vulnerable marine ecosystems 

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

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

(i) 

habitats that contain endemic species; 

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

discrete areas; 

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

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

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

anthropogenic activities. 

(d)  marine ecosystems that are characterized by populations or assemblages 

of species with one or more of the following characteristics: 

(i) 

slow growth rates; 

(ii) 

late age of maturity; 

(iii) 

low or unpredictable recruitment; or 

(iv) 

long-lived. 

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

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Article 12b 

Definition of significant adverse impacts 

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

(a) 

impairs the ability of affected populations to replace themselves; 

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

(c) 

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

Article 12c 

Definition of vulnerable marine ecosystem indicator species  

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

Article 12d 

Definition of an encounter with vulnerable marine ecosystems 

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

Article 12e 

Assessment of bottom fishing 

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

2. 

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

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3. 

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

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

Article 12f 

Bottom fishing activities in new bottom fishing areas 

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

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

3. 

The Exploratory Fishery Protocol shall include the following information: 

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

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

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

(d)  A data collection plan to facilitate the identification of vulnerable marine 

ecosystems and species in the area fished. 

4  Member  States  shall  ensure  that  the  exploratory  bottom  fishing  activities  be 

subject to the assessment procedure set forth in Article 12e. 

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

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Article 12g 

Unforeseen encounters with vulnerable marine ecosystems in existing bottom fishing 
areas 

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

2. 

3. 

4. 

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

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

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

Unforeseen encounters with vulnerable marine ecosystems in new bottom fishing areas 

Article 12h 

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

2. 

3. 

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

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

4.  A  temporary  closure  shall  apply  of  a  two  mile  radius  around  an  encounter 
position reported by a vessel flying the flag of a Contracting Party to NAFO. 
The reporting position is that provided by the vessel, either the endpoint of the 
tow/set  or  another  position  that  the  evidence  suggests  is  closest  to  the  exact 

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encounter location. This temporary closure shall apply until such time when the 
NAFO Secretariat advises that the area can be reopened. 

5. 

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

5. 

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

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

6. 

In Article 47, the following point is added: 

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

7. 

The following Chapter Va is inserted: 

"CHAPTER Va  

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

Article 63a 

Scope 

1. 

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

2. 

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

Article 63b 

Designated ports 

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

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Article 63c 

Competent authority 

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

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

Article 63d 

Prior notice of entry into port 

1. 

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

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

3. 

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

(a) 

(b) 

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

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

(c) 

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

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

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5. 

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

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

Article 63e 

Authorisation to land or tranship 

1. 

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

(a) 

(b) 

(c) 

(d) 

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

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

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

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

2. 

3. 

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

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

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Article 63f 

Inspections 

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

2. 

3. 

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

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

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

(a) 

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

(i) 

the quantities by species recorded in the logbook 

(ii) 

the catch and activity reports, and 

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

or PSC 2) 

(b)  verify  and  record  the  quantities  by  species  of  catch remaining  on  board 

upon completion of landing or transhipment; 

(c) 

verify any information from inspections carried out at sea; 

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

(e) 

verify fish size for compliance with minimum size requirements. 

5. 

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

6. 

The master of a fishing vessel shall: 

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

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

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Article 63g 

Serious infringements 

1. 

The following infringements shall be considered serious: 

(a) 

preventing inspectors from carrying out their duties; 

(b) 

landing or transhipping in a port not designated; 

(c) 

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

(d) 

landing or transhipping without authorization of the port Member State; 

2. 

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

(a) 

fines 

(b) 

seizure of illegal fishing gear and catches 

(c) 

sequestration of the vessel. 

Article 63h 

Inspection reports 

1. 

2. 

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

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

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

8. 

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

EN 

"Article 68 

Entry into port 

14 

   EN 

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

2. 

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

3.  A  Member  State  denying  landing  or  transhipment  shall  inform  the  master  of 

the vessel concerned of its decision. 

Article 68a 

Inspection in port 

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

2. 

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

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

(a) 

(b) 

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

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

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

the vessel concerned of its decision. 

5. 

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

EN 

15 

   EN 

 
6. 

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

9. 

10. 

11. 

12. 

In Annex V, point 3 is deleted. 

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

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

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

This Regulation shall enter into force on the seventh 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 

EN 

16 

   EN 

 
 
 
 
 
ANNEX I 

A. "PORT INSPECTION REPORT" FORM 

A. 

INSPECTION REFERENCE. Please use black ink 
Landing 
Yes 

No 

Transhipment 

Yes 

No 

Port State 

Port of landing or transhipment 

Vessel name 

Flag State 

IMO Number2 

Int. Radio call sign 

Landing/transhipment started 

Date 

Landing/transhipment ended 

Date 

Time 

Time 

B. 

INSPECTION DETAILS 

Name of donor vessel3 

IMO Number1 

Radio call sign 

Flag State 

B 1. 

CATCH RECORDED IN THE LOGBOOK 

Species4 

Area of catch 

Declared live weight kg  Conversion factor used 

2 
3 

4 

Fishing vessels not assigned an IMO number shall provide their external registration number. 
In case where a vessel has engaged in transhipment operations, a separate form shall be used for each 
donor vessel. 
FAO Species Codes – NEAFC Annex V - NAFO Annex II. 

EN 

17 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
B 2. 

FISH LANDED OR TRANSHIPPED 

Species5 

Product6 

Area of 
catch 

Product 
weight 
landed in 
kg 

Con- 
version 
factor 

Equivalent 
live weight 
kg 

Diff (kg) 
between live 
weight declared 
in the logbook 
and the live 
weight landed 

Diff (%) 
between live 
weight declared 
in the logbook 
and the live 
weight landed 

Diff (kg) 
between 
Product 
weight 
landed and 
PSC 1/2 

Diff (%) 
between 
Product 
weight 
landed 
and PSC 
1/2 

B 3. 

INFORMATION ABOUT LANDINGS AUTHORISED WITHOUT CONFIRMATION FROM THE FLAG STATE 

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

B 4. 

FISH RETAINED ON BOARD 

Species7 

Product8 

Area of catch 

Product 
weight in kg 

Conversion 
factor 

Live 
weight kg 

(kg) 

Diff. 
between 
product weight on board 
and PSC 1/2 

(%) 

Diff. 
product  weight 
board and PSC 1/2 

between 
on 

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

C1. General data 

Number of gear inspected 
Has the vessel been cited ? 

Date gear inspection 

Yes 

No 

If yes, complete the full “verification of inspection in port form. 
If  no,  complete  the  form  with  the  exception  of  the  NAFO  Seal 
Details 

1.1.2.  C2. Otter Trawl details 

NAFO Seal number 
Gear type 
Attachments 
Grate Bar Spacing mm. 
Mesh type 

Trawl part 

Is seal undamaged ? 

Yes 

No 

Average mesh sizes (mm) 

5 
6 
7 
8 

FAO Species Codes – NEAFC Annex V - NAFO Annex II. 
Product presentations – NEAFC Appendix 1 to Annex IV – NAFO Annex XX (C). 
FAO Species Codes – NEAFC Annex V - NAFO Annex II. 
Product presentations – NEAFC Appendix 1 to Annex IV – NAFO Annex XX (C). 

EN 

18 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
Wings 
Body 
Lenghtening Piece 
Codend 

D. OBSERVATIONS BY THE MASTER 

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

Signature: ______________________________________ Date : ____________  

E. INFRINGEMENTS AND FOLLOW-UP 

  E.1 Sea Inspection 

Infringements resulting from  
Inspections inside NAFO R.A. 

Inspection Party 

Date of insp. 

Division 

NAFO CEM infringement legal reference 

  E.2 Port Inspection Infringements results 
( a ) - Confirmation of Infringements found at sea inspection 
NAFO CEM infringement legal reference 

National Infringement legal reference 

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

( c ) - Additional infringements found during the Port Inspection 
NAFO CEM infringement legal reference 

National Infringement legal reference 

Observations : 

F. 

DISTRIBUTION  

Copy to flag State 

Copy to NEAFC Secretary 

Copy to NAFO Executive Secretary 

EN 

19 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
ANNEX II 

"ANNEX XV 
PORT STATE CONTROL NOTIFICATION FORMS 

A – PSC 1 

Name of Vessel: 

IMO Number:1 

Radio Call Sign: 

Flag State: 

PORT STATE CONTROL FORM – PSC 1  
PART A: To be completed by the Master of the Vessel. Please use black ink 

Email Address: 

Telephone Number: 

Fax Number: 

Inmarsat Number: 

Port of Landing or Transhipment: 

Estimated Time of Arrival: 

Date: 

Time UTC: 

Total catch on board – all areas 

Catch to be landed2 

Species3 

Product4  NEAFC CA 

(ICES 
and divisions) 

subareas 

Area of catch 

NAFO RA 
(Sub Division) 

Other areas 

Conversion 
factor 

Product 
weight (kg) 

Product weight (kg) 

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

The Flag State of the vessel must respond to the following questions by marking in the box ”Yes” or ”No” 

NEAFC 
CA 
Ye
s 

N
o 

NAFO 
RA 
Ye
s 

N
o 

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

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

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

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

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

Name and Title: 

Signature: 

Name of Port State: 

Official Stamp: 

Date: 

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

Authorisation: 

Yes: 

No: 

Date: 

Signature: 

Official Stamp: 

1. Fishing vessels not assigned an IMO number shall provide their external registration number 
2. If necessary an additional form or forms shall 
be used 

3.  FAO  Species  Codes  – 
NEAFC  Annex  V  -  NAFO 
Annex II 

4.  Product  presentations  –  NEAFC  Appendix  1  to 
Annex IV – NAFO Annex XX (C) 

EN 

20 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
PORT STATE CONTROL FORM – PSC 2  
PART A: To be completed by the Master of the Vessel. A separate form shall be completed for each donor vessel. Please use black 
ink 
Name of Vessel: 

IMO Number:1 

Radio Call Sign: 

Flag State: 

B – PSC 2 

Email Address: 

Telephone Number: 

Fax Number: 

Inmarsat Number: 

Port of Landing or Transhipment: 

Estimated Time of Arrival: 

Date: 

Time UTC: 

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

Name of Vessel 

IMO Number1 

Radio Call Sign 

Flag State 

Total catch on board – all areas 

Catch to be landed2 

Species3 

Product4 

Area of catch 

NAFO RA 
(Sub Division) 

NEAFC CA 
(ICES 
subareas  and 
divisions) 

Other areas 

Conversion 
factor 

Product weight 
(kg) 

Product weight (kg) 

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

The Flag State of the vessel must respond to the following questions by marking in the "Yes" or "No" 

NEAFC 
CA 
Yes  No  Yes  No 

NAFO 
RA 

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

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

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

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

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

Name and Title: 

Signature: 

Name of Port State: 

Authorisation: 

Signature: 

Date: 

 Official Stamp: 

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

Yes: 

No: 

Date: 

Official Stamp: 

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

2.  If  necessary  an  additional form  or  forms 
shall be used 

3.  FAO  Species  Codes  – 
NEAFC  Annex  V  -  NAFO 
Annex II 

4.  Product  presentations  –  NEAFC  Appendix  1 
to Annex IV – NAFO Annex XX (C) 

"

EN 

21 

   EN 

 
 
 
 
 
 
 
 
 
 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
  
 
 
 
 
 
 
 
 
ANNEX III 

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

I. 

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

DATA 
COLLECTION 

DATA WILL BE 
COLLECTED AND 
REPORTED IN A 
STANDARDIZED 
FORMAT 

HARVESTING 
PLAN 

MITIGATION 
PLAN 

CATCH MONITORING 

IDENTIFY AND 
RECORD ALL SPECIES 
BROUGHT ONBOARD 
TO THE LOWEST 
POSSIBLE TAXONOMIC 
LEVEL 

100% SATELLITE 
COVERAGE 

100% OBSERVER 
COVERAGE 

TARGET SPECIES  MEASURES 

TO PREVENT 
SIGNIFICANT 
ADVERSE 
IMPACTS TO 
VMEs 

FISHING DATES 

DESCRIPTION OF 
AREA TO BE 
FISHED 

ANTICIPATED 
EFFORT 

BOTTOM FISHING 
GEAR-TYPE(S) 
USED 

EN 

22 

   EN 

 
 
 
 
 
 
 
 
 
 
 
II. 

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

ADVANCED NOTICE OF INTENT TO UNDERTAKE EXPLORATORY FISHING9 

NAME OF VESSEL: 

FLAG STATE OF VESSEL: 

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

ANTICIPATED DATES OF EXPLORATORY FISHING ACTIVITIES: 

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

DEPTHS  EXPECTED  TO  BE  ENCOUNTERED  DURING  EXPLORATORY  FISHING 
ACTIVITIES: 

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

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

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

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

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

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

TARGET SPECIES BEING SOUGHT: 

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

9 

10 

Exploratory  fishing  is  defined  as  all  bottom  fishing  activities  in  new  areas  or  with  bottom  gear  not 
previously used in the area concerned. 
Refer to FAO International Guideline for the Management of Deep-Sea Fisheries in the High Seas. 

EN 

23 

   EN 

 
                                                 
III.  MEMBER 

STATE  EXPLORATORY 
SUBMITTED TO THE NAFO SCIENTIFIC COUNCIL 

FISHING11

  TRIP  REPORT 

NAME OF VESSEL: 

FLAG STATE OF VESSEL: 

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

DATES OF FISHING ACTIVITIES: 

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

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

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

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

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

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

LIST  OF  POTENTIAL  VULNERABLE  INDICATOR  SPECIES13  BROUGHT  ONBOARD  BY 
LOCATION (INCLUDE LAT/LONG): 

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

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

11 

12 
13 

Exploratory  fishing  is  defined  as  all  bottom  fishing  activities  in  new  areas  or  with  bottom  gear  not 
previously used in the area concerned. 
(Refer to FAO International Guideline for the Management of Deep-Sea Fisheries in the High Seas). 
Refer to Annex 1 FAO International Guideline for the Management of Deep-Sea Fisheries in the High 
Seas. 

EN 

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