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.
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.
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.
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.
The master of a Community fishing vessel which is being boarded and inspected shall:
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;
provide a boarding ladder which is in conformity with recommendations concerning pilot ladders adopted by the International Maritime Organisation;
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;
permit the inspectors to communicate with the authorities of the flag State and the inspecting State;
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;
facilitate safe disembarkation by inspectors.
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.