Council Regulation (EC) No 1386/2007 (repealed)Show full title

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.