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

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 1386/2007 of 22 October 2007 laying down conservation and enforcement measures applicable in the Regulatory Area of the Northwest Atlantic Fisheries Organisation [1], and in particular Article 70 thereof,

Having regard to the proposal from the Commission,

Whereas:

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

(2) At its 29th annual meeting held in September 2007, NAFO adopted a number of amendments to its conservation and enforcement measures. Those amendments relate to the provisions on mesh size, transhipments, closed areas to ensure coral protection, catch reports, definition of serious infringement, product codes, the port inspection format as well as technical requirements for boarding ladders.

(3) Furthermore, mistakes have been found in Regulation (EC) No 1386/2007 that need to be corrected: there are a number of errors in cross references and certain elements are missing in point 3 of Annex VII.

(4) Regulation (EC) No 1386/2007 should therefore be amended accordingly,

HAS ADOPTED THIS REGULATION:

Article 1

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

1. the following point shall be added to Article 3:

"20. "Transhipment" means the transfer, over the side, of any quantity of fisheries resources or products thereof retained on board, from one fishing vessel to another.";

2. the following paragraph shall be added to Article 7:

"4. Vessels fishing for redfish in Division 3O using midwater trawls shall use nets with a minimum mesh size of 90 mm.";

3. Article 12 shall be replaced by the following:

"Article 12

Fisheries restricted areas

1. The conduct of fishing activities involving demersal fishing gears shall be prohibited in the following areas:

Area | Coordinate 1 | Coordinate 2 | Coordinate 3 | Coordinate 4 |

Orphan Knoll | 50.00.30 N 45.00.30 W | 51.00.30 N 45.00.30 W | 51.00.30 N 47.00.30 W | 50.00.30 N 45.00.30 W |

Corner Seamounts | 35.00.00 N 48.00.00 W | 36.00.00 N 48.00.00 W | 36.00.00 N 52.00.00 W | 35.00.00 N 52.00.00 W |

Newfoundland Seamounts | 43.29.00 N 43.20.00 W | 44.00.00 N 43.20.00 W | 44.00.00 N 46.40.00 W | 43.29.00 N 46.40.00 W |

New England Seamounts | 35.00.00 N 57.00.00 W | 39.00.00 N 57.00.00 W | 39.00.00 N 64.00.00 W | 35.00.00 N 64.00.00 W |

2. The following area in Division 3O shall be closed to all fishing activity involving bottom contact gear. The closed area is defined by connecting the following coordinates (in numerical order and back to coordinate 1):

Point No | Latitude | Longitude |

1 | 42°53′00″N | 51°00′00″W |

2 | 42°52′04″N | 51°31′44″W |

3 | 43°24′13″N | 51°58′12″W |

4 | 43°24′20″N | 51°58′18″W |

5 | 43°39′38″N | 52°13′10″W |

6 | 43°40′59″N | 52°27′52″W |

7 | 43°56′19″N | 52°39′48″W |

8 | 44°04′53″N | 52°58′12″W |

9 | 44°18′38″N | 53°06′00″W |

10 | 44°18′36″N | 53°24′07″W |

11 | 44°49′59″N | 54°30′00″W |

12 | 44°29′55″N | 54°30′00″W |

13 | 43°26′59″N | 52°55′59″W |

14 | 42°48′00″N | 51°41′06″W |

15 | 42°33′02″N | 51°00′00″W" |

4. in Article 19, paragraph 5 shall be replaced by the following:

"5. Member States shall every two years certify the correctness of the capacity plans for all vessels authorised to fish pursuant to Article 14. The master shall ensure that a copy of this certification remains onboard to be shown to an inspector upon request.";

5. the following point shall be added to Article 21(2):

"(f) the catch prior to entry and exit from Division 3L. These reports shall be made by vessels that fish shrimp in Division 3L and shall be sent one hour prior to crossing the boundary of that Division. The report shall indicate the catches taken onboard since the previous catch report, by Division and species (3 alpha code) in kg, rounded to the nearest 100 kg.";

6. in Article 30, paragraph 5 shall be replaced by the following:

"5. The master of the vessel observed may, on his own request, be provided with a copy of the observer's report referred to in Article 28(1).";

7. in Article 32, paragraph 1 shall be replaced by the following:

"1. The competent authorities of the Member States receiving the report of the observer in accordance with Article 28 shall evaluate the contents and conclusions of that report.";

8. Article 47 shall be amended as follows:

(a) point (b) shall be replaced by the following:

"(b) provide a boarding ladder constructed and used as described in the conservation and enforcement measures of NAFO;";

(b) the following point shall be inserted:

"(b)a 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;";

9. Annex II shall be replaced by the text in Annex I to this Regulation;

10. Annex VII shall be amended in accordance with Annex II to this Regulation;

11. Annex XII shall be replaced by the text in Annex III to this Regulation;

12. Annex XIII shall be deleted;

13. Annex XIV(b) shall be replaced by the text in Annex IV to this Regulation.

Article 2

This Regulation shall enter into force on the seventh day following its publication in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 29 May 2008.

For the Council

The President

A. Vizjak

[1] OJ L 318, 5.12.2007, p. 1.

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ANNEX I

"ANNEX II

The list that follows is a list of stocks that need to be reported in accordance with Article 22.

ANG/N3NO | Lophius americanus | American angler |

CAA/N3LMN | Anarhichas lupus | Atlantic wolffish |

CAP/N3LM | Mallotus villosus | Capelin |

CAT/N3LMN | Anarhichas spp. | Catfishes (Wolffishes) nei |

HAD/N3LNO | Melanogrammus aeglefinus | Haddock |

HAL/N23KL | Hippoglossus hippoglossus | Atlantic halibut |

HAL/N3M | Hippoglossus hippoglossus | Atlantic halibut |

HAL/N3NO | Hippoglossus hippoglossus | Atlantic halibut |

HER/N3L | Clupea harengus | Herring |

HKR/N2J3KL | Urophycis chuss | Red hake |

HKR/N3MNO | Urophycis chuss | Red hake |

HKS/N3LMNO | Merlucius bilinearis | Silver hake |

RNG/N23 | Coryphaenoides rupestris | Roundnose grenadier |

HKW/N2J3KL | Urophycis tenuis | White hake |

POK/N3O | Pollachius virens | Pollock (= Saithe) |

PRA/N3M | Pandalus borealis | Northern prawn |

RHG/N23 | Macrourus berglax | Roughhead grenadier |

SKA/N2J3K | Raja spp. | Skates |

SKA/N3M | Raja spp. | Skates |

SQI/N56 | Illex illecebrosus | Short-fin squid |

VFF/N3LMN | — | Fishes unsorted, unidentified |

WIT/N3M | Glyptocephalus cynoglossus | Witch flounder |

YEL/N3M | Limanda ferruginea | Yellow-tail flounder" |

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ANNEX II

Point 3 of Annex VII to Regulation (EC) No 1386/2007 shall be replaced by the following:

"3. "Catch" report

Data element | Field code | Mandatory/optional | Remarks |

Start record | SR | M | System detail; indicates start of record |

Address | AD | M | Message detail; destination, "XNW" for NAFO |

From | FR | M | Name of transmitting party |

Sequence number | SQ | M | Message detail; message serial number in current year |

Type of message | TM | M | Message detail; message type, "CAT" as catch report |

Radio call sign | RC | M | Vessel registration detail; international radio call sign of the vessel |

Trip number | TN | O | Activity detail; fishing trip serial number in current year |

Vessel name | NA | O | Vessel registration detail; name of the vessel |

Contracting Party Internal reference Number | IR | O | Vessel registration detail; unique Contracting Party vessel number as ISO-3 flag state code followed by number |

External registration number | XR | O | Vessel registration detail; the side number of the vessel |

Relevant area | RA | M | NAFO Division into which the vessel has entered |

Latitude | LA | M [1] | Activity detail; position at time of transmission |

Longitude | LO | M [1] | Activity detail; position at time of transmission |

Catches | CA | | Activity detail; cumulative catch by species retained on board, either since commencement of fishing in RA or last "Catch" report, in pairs as needed. |

Species | M | FAO species code |

Live weight | M | Live weight in kilograms, rounded to the nearest 100 kilograms |

Days fished | DF | M | Activity detail; number of fishing days in the NAFO Regulatory area since commencement of fishing or last "Catch" report |

Date | DA | M | Message detail; date of transmission |

Time | TI | M | Message detail; time of transmission |

End of record | ER | M | System detail; indicates end of the record |

[1] Optional if a vessel is subject to satellite tracking."

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ANNEX III

"ANNEX XII

Port inspection report

A. “PORT INSPECTION REPORT” FORM

Page No

of

1. INSPECTION REFERENCE

Inspection authority

Date of the report

Port of inspection

Vessel name

2. TRIP INFORMATION (1)

Date trip started

Trip number (2)

Activity in the NAFO RA:

Date entry in the RA

Date exit from the RA

Other areas visited

Date trip ended

3. VESSEL IDENTIFICATION (3)

External identification

International radio call sign

Flag state

NAFO Contracting Party

Home port

Vessel owner

Vessel operator

Master name

+++++ TIFF +++++

4. RESULT OF INSPECTION OF DISCHARGE (4)

4.1. General information

Starting of discharge:

Date

Time

Ending of discharge:

Date

Time

Has vessel discharged all catches on board?

YES

If YES, complete table 4.2

NO

If NO, complete table 4.3

Comments

4.2. Quantity discharged

Species

(FAO code)

Presentation

Live weight

(logbook, kg)

Conversion factor

Landing processed Wt

(kg)

Equivalent live weight

(kg)

Diff.

(kg)

Diff.

(%)

Comments

4.3. Quantity staying on board the vessel

To be completed where part of the catches stay on board after completion of discharge

Species

Presentation

Conversion factor

Process weight

(kg)

Equivalent live weight

(kg)

Comments

5. GEAR INSPECTION IN PORT (5)

5.1. General data

Number of gear inspected

Date gear inspection

Has the vessel been cited?

If yes, complete the full “verification of inspection in port” form

If no, complete the form with the exception of the NAFO seal details

Yes

No

+++++ TIFF +++++

5.2. Otter trawl details

NAFO seal number

Is seal undamaged?

Yes

No

Gear type:

Attachments:

Grate bar spacing (mm)

Mesh type:

Average mesh sizes (mm)

Trawl part

Wings:

Body:

Lengthening piece:

Codend:

6. INFRINGEMENTS AND FOLLOW-UP

6.1. Sea inspection

Infringements resulting from inspections inside NAFO RA

Inspection party

Date of inspection

Division

NAFO CEM infringement legal reference

6.2. 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

Follow-up comments:

+++++ TIFF +++++

B. INFORMATION TO BE INSERTED IN THE REPORT

1. INSPECTION REFERENCES

Data element | M/O | Category; definition |

Inspection authority | M | Inspection detail: Name of the inspection authority or of the alternate body nominated by the authority |

Date | M | Inspection detail: Date the report is compiled |

Port of inspection | M | Vessel activity detail: Place where the vessel is inspected: port followed by ISO-3 code of the country as “St Johns/CAN” |

Vessel name | M | Vessel registration detail: name of the vessel |

2. TRIP INFORMATION

Data element | M/O | Category; definition |

Date trip started | M | Vessel activity details: date started the current fishing trip |

Vessel trip number | O | Vessel activity details: Number of the fishing trip in current year |

Date entry in the RA | M | Vessel activity details: Date the vessel entered the NRA for the current fishing trip |

Date exit from the RA | M | Vessel activity details: Date the vessel exited from the NRA for the current fishing trip |

Other areas visited | O | Vessel activity details: other area where vessel has been fishing during the current trip |

Date trip ended | M | Vessel activity details: date ended the current fishing trip |

3. VESSEL IDENTIFICATION

Data element

M/O

Category; definition

External identification number

M

Vessel registration details: Side number of the vessel

International radio call sign

M

Vessel registration details: International radio call sign of the vessel

Flag state

M

Vessel registration details: State where the vessel is registered, ISO-3 country code

NAFO Contracting Party

O (1)

Vessel registration detail: NAFO Contracting Party of the vessel, as ISO code of the country, EUR for European Community, NCP for Non-Contracting Party

Home port

O

Vessel registration details: Port of registration of the vessel or homeport

Vessel owner

M

Vessel registration details: Name and address of the vessel owner

Vessel operator

M (2)

Vessel registration details: Responsible for using the vessel

Master name

O

Vessel activity details: Name of the master

(1) If different from the flag state.

(2) If different from the flag state.If different from the vessel owner.

+++++ TIFF +++++

4. RESULT OF INSPECTION ON DISCHARGE

4.1. General information

Data element | M/O | Category; definition |

Start date of discharge | M | Discharge detail: Date the vessel started discharge |

End date of discharge | M | Discharge detail: Date the vessel finished discharge |

Has vessel landed all catches on board? | M | Discharge detail: Has vessel landed all catches on board? “yes” or “no” |

Comments | O | Discharge detail: Comments as necessary If discharge as not been completed, please give an estimation on catch still on board |

4.2. Quantity discharged

Data element | M/O | Category; definition |

Species | M | Discharge detail: FAO 3-alpha code (part V, schedule II, attachment II) |

Presentation | M | Discharge detail: Product form |

Live weight | M | Quantities determined from the logbook |

Conversion factor | O | Product detail: Conversion factor as defined by the master for the corresponding species, size and presentation, optional if already mentioned in table B |

Process weight | M | Discharge detail: Quantities landed by species and presentation, in kilograms of product, rounded to the nearest 10 kg |

Equivalent live weight | M | Discharge detail: Quantities landed in equivalent live weight, as “product weight x conversion factor”, in kilograms, rounded to the nearest 10 kg |

Comments | O | Discharge details: Free text area |

4.3. Quantities staying on board the vessel

Data element | M/O | Category; definition |

Species | M | Discharge detail: FAO 3-alpha code (part V, schedule II, attachment II) |

Presentation | M | Discharge detail: Product form |

Conversion factor | O | Product detail: Conversion factor as defined by the master for the corresponding species, size and presentation, optional if already mentioned in table B |

Process weight | M | Discharge detail: Quantities landed by species and presentation, in kilograms of product, rounded to the nearest 10 kg |

Equivalent live weight | M | Discharge detail: Quantities landed in equivalent live weight, as “product weight x conversion factor”, in kilograms, rounded to the nearest 10 kg |

Comments | O | Discharge details: Free text area |

5. RESULT OF GEAR INSPECTION (6)

5.1. General information

Data element | M/O | Category; definition |

Date of inspection | M | Inspection detail: Date of current gear inspection |

Inspected gear | M | Inspection detail: Number of gear checked during port inspection |

+++++ TIFF +++++

5.2. Otter trawl details

Data element | M/O | Category; definition |

NAFO seal number | M | Inspection detail (if required): Number of the NAFO seal attached to the gear after inspection at sea |

Is seal undamaged? | M | Whether NAFO inspection seal is intact: — “yes” or “no” |

Gear type | M | International Standard Statistical Classification of the Fishing Gear, OTB for otter trawl |

Attachments | | Otter trawl detail: attachment to footrope |

Grade bar spacing | M | Otter trawl detail: grade bar spacing in millimetres |

Mesh type | M | Otter trawl detail: respectively mesh type: SQ for square mesh, DI for diamond mesh |

Mesh size average | M | Otter trawl detail: average mesh size in the trawl part, by pair |

Trawl part | M | Trawl part measured |

Mesh size | M | Mesh size in millimetres |

6. INFRINGEMENTS AND FOLLOW-UP

6.1. Sea inspection

Data element | M/O | Category; definition |

Inspectors team | M | Contracting Party name; Fishery patrol vessel name |

Date of inspection | M | |

Legal reference | M | Mention of the NAFO CEM Chapter; Article(s) paragraph(s) for each infringement |

6.2. Port inspection infringements results

(a) Confirmation of infringements found at sea inspection

Data element | M/O | Category; definition |

Identification of the NAFO infringement | M | Mention of the NAFO CEM Chapter; Article(s) paragraph(s) for each infringement |

Identification of the national infringement | O | Mention of the national reg. title Chapter; Article(s) paragraph(s) for each infringement |

(b) Additional infringements found during the port inspection

Data element | M/O | Category; definition |

Identification of the NAFO infringement | M | Mention of the NAFO CEM Chapter; Article(s) paragraph(s) for each infringement |

Identification of the national infringement | O | Mention of the national reg. title Chapter; Article(s) paragraph(s) for each infringement |

(1) To be completed by the inspection authority or any alternate body nominated by the authorities as soon as the vessel land to port, based on logbook records.

(2) Where applicable.

(3) To be completed based on the licence information.

(4) To be completed after completion of discharge.

(5) Verification shall be done when non-compliance has been cited/observed during inspection at sea. To be completed when port inspection also concerns inspection of gears on board. A detail form shall be completed for every gear having been subject to port inspection.

(6) Verification shall be done when non-compliance has been cited/observed during inspection at sea. To be completed when port inspection also concerns inspection of gear on board. A detail form shall be completed for every gear having been subject to port inspection."

+++++ TIFF +++++

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ANNEX IV

"ANNEX XIV(b)

Product form codes

Code | Product form |

A | Round — Frozen |

B | Round — Frozen (cooked) |

C | Gutted head on — Frozen |

D | Gutted head off — Frozen |

E | Gutted head off — Trimmed — Frozen |

F | Skinless fillets — Bone in — Frozen |

G | Skinless fillets — Boneless — Frozen |

H | Skin on fillets — Bone in — Frozen |

I | Skin on fillets — Boneless — Frozen |

J | Salted fish |

K | Pickled fish |

L | Canned products |

M | Oil |

N | Meal produced from whole fish |

O | Meal produced from offal |

P | Other (specify)" |

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