Council Regulation (EC) No 1386/2007 (repealed)Show full title

CHAPTER IV U.K. INSPECTION AND SURVEILLANCE AT SEA

SECTION 1 U.K. General provisions

Article 39 U.K. General rules for inspection and surveillance

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

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

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

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

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 U.K. 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.

Article 41 U.K. Programming

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 regards the human and material resources required and the periods and zones in which these resources are to be deployed.

2. When drawing up joint operational surveillance and inspection programmes, the Community Fisheries Control 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. Member States shall inform the Community Fisheries 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 information the Community Fisheries Control Agency shall draw up, in 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.

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

SECTION 2 U.K. Surveillance procedure

Article 42 U.K. 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.

2. Member States shall forward the surveillance 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, those penalties shall be described in specific terms. The Commission shall forward this information to the NAFO Secretariat by 1 March each year.

SECTION 3 U.K. Inspection procedure

Article 43 U.K. 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.

2. Inspections of vessels engaged in research shall be limited to ascertaining that the vessel is not conducting a commercial fishing operation.

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

4. Inspection vessels shall manoeuvre at a safe distance from the fishing vessel in accordance with the rules of good seamanship.

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

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 U.K. Boarding

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

2. Inspectors shall not board a vessel without prior notice 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 U.K. On board activities

1. Inspection teams 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 is detected, 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 completion of their duties pursuant to Article 48, as the case may be.

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

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.

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

6. In carrying out their inspection, 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. A copy of the inspection report shall be given to the master of the fishing vessel.

Article 46 U.K. Drawing up of inspection reports

1. Inspectors shall draw up an inspection report using the form 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.

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

Article 47 U.K. 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;

(b)

[F1 provide a boarding ladder constructed and used as described in the conservation and enforcement measures of NAFO;]

(b)a)

[F2 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 embark and disembark in a safe manner including a safe access from the hoist to the deck and vice versa. A boarding ladder complying with point (b) shall be kept on deck adjacent to the hoist and available for immediate use;]

(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;

(d)

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

(e)

provide access to areas, decks, rooms of the vessel, processed or unprocessed catches, nets and other gear, equipment, registration documents, drawings or descriptions 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[F3 ;]

(g)

[F4 provide to an inspector upon request, coordinates pertaining to the start and end locations of any trial tow conducted in accordance with Article 6(4).]

Textual Amendments

F1 Substituted by Council Regulation (EC) No 538/2008 of 29 May 2008 amending Regulation (EC) No 1386/2007 laying down conservation and enforcement measures applicable in the Regulatory Area of the Northwest Atlantic Fisheries Organisation.

F2 Inserted by Council Regulation (EC) No 538/2008 of 29 May 2008 amending Regulation (EC) No 1386/2007 laying down conservation and enforcement measures applicable in the Regulatory Area of the Northwest Atlantic Fisheries Organisation.

F3 Substituted by Council Regulation (EC) No 679/2009 of 7 July 2009 amending Regulation (EC) No 1386/2007 laying down conservation and enforcement measures applicable in the Regulatory Area of the Northwest Atlantic Fisheries Organisation.

F4 Inserted by Council Regulation (EC) No 679/2009 of 7 July 2009 amending Regulation (EC) No 1386/2007 laying down conservation and enforcement measures applicable in the Regulatory Area of the Northwest Atlantic Fisheries Organisation.

Article 48 U.K. Transmission of inspection reports

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.

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

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.

SECTION 4 U.K. Infringements

Article 49 U.K. Procedures to deal with infringements

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

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

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

(c) 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;

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

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

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

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

SECTION 5 U.K. Serious infringements

Article 51 U.K. List of serious infringements

The following infringements shall be considered serious:

(a)

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;

(b)

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

(c)

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;

(d)

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

(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)

catch communication violations;

(j)

preventing inspectors or observers from carrying out their duties.

Article 52 U.K. 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. 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 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.

4. Inspectors may remain on board a fishing vessel for the 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 U.K. 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 infringement, 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 U.K. 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.

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.

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

Article 55 U.K. 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 taken to prevent a repetition of the infringement.

Article 56 U.K. Enhanced follow-up with regard to certain serious infringements

1. In addition to the provisions of this section, in particular 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 subject to a moratorium or for which fishing is prohibited;

(b) mis-recording of catches. To be considered for follow-up action under this Article the difference between the 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.

4. When completing the investigation for any serious infringement 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 U.K. Enforcement measures

1. Each flag Member State shall take enforcement measures 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 U.K. Report on serious infringements

1. In case of a serious infringement referred to in Article 56, 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 infringement 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 the investigation when the investigation is completed.

SECTION 6 U.K. Reports

Article 59 U.K. 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 facts, those reports shall be treated on the same basis as 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 U.K. 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 containing the following information:

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

(b) 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;

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

(d) 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.

Article 61 U.K. Reporting on inspection and surveillance activities

1. Each Member State shall report to the Commission by 15 February each year for the previous calendar year on:

(a) 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 infringement has been committed, the date and location of the inspection of the vessel concerned and the nature of the suspected infringement;

(b) 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.

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.