Council Regulation (EC) No 51/2006Show full title

SECTION 3 Control measures

Article 31 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 commonorganisation of the markets in fishery and aquaculture products(1) is identifiable. It shall also be marked as having been caught in the NAFO Regulatory Area.

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

3. Taking into consideration the legitimate safety and navigational responsibility of the master of the vessel, the following shall apply:

• catch of the same species shall be stowed clearly separate from catches of other species. All catches taken within the NAFO Regulatory Area shall be stowed separately from catches taken outside this area.

• catches may be stowed in more than one part of the hold, but in each part of the hold where they are stowed, they shall be kept clearly separate, by the use of plastic, plywood, netting, etc. from catches of other species.

Article 32 Fishing and production logbooks and stowage plan

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

2. Before the 15th of each month, each Member State shall, in computer -readable form, notify the Commission of the quantities of stocks specified in Annex XIII landed during the preceding month and communicate any information received under Articles 11 and 12 of Regulation (EEC) No 2847/93.

3. The masters of a Community vessel shall, in respect of catches of the species listed in Annex IC, keep:

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

(b) a stowage plan that shows the location of the different species in the holds.

4. The production logbook and stowage plan referred to in paragraph 3 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 on board until the vessel has unloaded completely.

5. The master shall provide the necessary assistance to enable the quantities declared in the production logbook and the processed products stored on board to be verified.

6. Every two years Member States shall certify the accuracy of the capacity plans for all Community vessels authorised to fish pursuant to Article 26(1). The master shall ensure that a copy of such certification remains onboard to be shown to an inspector upon request.

Article 33 Carrying of nets

1. When fishing directly for one or more of the species listed in Annex VII, Community vessels shall not carry nets with a mesh size smaller than that laid down in Article 27.

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 smaller mesh size than that laid down in Article 27 provided they are securely lashed and stowed and are not available for immediate use. Such 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 34 Trans-shipment

1. Community vessels shall not engage in trans-shipment operations in the NAFO Regulatory Area unless they have received prior authorisation to do so from their competent authorities.

2. Community vessels shall not engage in trans-shipment 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.

3. Community vessels shall report each trans-shipment 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 trans-shipment.

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 vessels involved in the trans-shipment.

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 35 Chartering of Community vessels

1. Member States may assent that a fishing vessel flying their flag and authorised to fish in the NAFO Regulatory Area 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 Illegal, Unreported and Unregulated (IUU) fishing activities 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 forward this information to the Executive Secretary of NAFO:

(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;

(f) the action the Member State has taken to ensure that the chartered vessels flying its flag comply with the NAFO conservation and enforcement measures for the duration of the chartering period.

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:

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

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

(c) the vessel complies with the NAFO conservation and enforcement measures for the duration of the chartering period;

(d) all catches and by-catches under notified chartering arrangements are recorded in the fishing logbook by the chartered vessel separate from other catch data.

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

Article 36 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 for species in the NAFO Regulatory Area no later than 31 January 2006 or, thereafter, at least 30 days before the commencement of such activity. The fishing plan shall identify, inter alia, the vessel or vessels that will engage in these fisheries and the intended number of fishing days those vessels will spend in the NAFO Regulatory Area.

3. Member States shall, on an indicative basis, inform the Commission of the intended activities of their 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. No later than 31 December 2006, Member States shall 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 the that Area. Activities of vessels fishing for shrimp in Divisions 3M and 3L shall be reported separately for each Division.

(1)

OJ L 17, 21.1.2000, p. 22. Regulation as amended by the 2003 Act of Accession.