Council Regulation (EEC) No 1956/88 of 9 June 1988 adopting provisions for the application of the scheme of joint international inspection adopted by the Northwest Atlantic Fisheries Organization
Modified by
- Council Regulation (EEC) No 436/92of 10 February 1992amending Regulation (EEC) No 1956/88 adopting provisions for the application of the scheme of joint international inspection adopted by the Northwest Atlantic Fisheries OrganizationCorrigendum to Council Regulation (EEC) No 436/92 of 10 February 1992 amending Regulation (EEC) No 1956/88 adopting provisions for the application of the scheme of joint international inspection adopted by the Northwest Atlantic Fisheries Organization(Official Journal of the European Communities No L 54 of 28 February 1992), 31992R043631992R0436R(01), February 28, 1992
- Commission Regulation (EC) No 761/94of 6 April 1994amending Council Regulation (EEC) No 1956/88 adopting provisions for the application of the Scheme of Joint International Inspection and Surveillance adopted by the Northwest Atlantic Fisheries Organization, 31994R0761, April 7, 1994
- Council Regulation (EC) No 3067/95of 21 December 1995amending Regulation (EEC) No 1956/88 adopting provisions for the application of the Scheme of Joint International Inspection adopted by the Northwest Atlantic Fisheries Organization, 31995R3067, December 30, 1995
- Council Regulation (EC) No 1386/2007of 22 October 2007laying down conservation and enforcement measures applicable in the Regulatory Area of the Northwest Atlantic Fisheries Organisation, 32007R1386, December 5, 2007
Corrected by
- Corrigendum to Council Regulation (EEC) No 436/92 of 10 February 1992 amending Regulation (EEC) No 1956/88 adopting provisions for the application of the scheme of joint international inspection adopted by the Northwest Atlantic Fisheries Organization, 31992R0436R(01), May 1, 1992
(i) Control and surveillance shall be carried out by inspectors of the fishery control services of the Contracting Parties following their assignment to the scheme of joint international inspection and surveillance, hereinafter referred to as "the scheme". (ii) The appropriate authorities of the Contracting Parties shall notify the Executive Secretary by 1 November each year of the names of the inspectors and special inspection vessels (which term includes fishing vessels carrying inspectors) and the type and call sign of the helicopters or other aircraft which they are assigning to the scheme in accordance with paragraph 13 of the scheme. Modification by Contracting Parties to such notifications shall be communicated to the Executive Secretary with two months notice whenever possible. (iii) Following notification to the Executive Secretary, and in the case of mutual agreement between the respective Contracting Parties, inspectors assigned by one Party may be placed on board the special inspection vessels or aircraft of another Party assigned to the scheme. (iv) On receipt of the notification of assignment to the scheme from the Contracting Party, the Executive Secretary shall issue a document of identity, as shown in Annex I, to the respective authority for each inspector of that Party. This document shall be numered. Each inspector shall carry and produce this document of identity upon boarding a vessel. (v) Special inspection vessels and aircraft shall immediately notify the Executive Secretary by radio/telex, facsimile or other communication of the date and time of commencing their duties under the scheme. All inspectors on board shall be assumed to the NAFO inspetors. (vi) Between the times of commencing and terminating their duties under the scheme inspectors and special inspection vessels and aircraft may not, with respect to vessels and aircraft under the jurisdiction of other Contracting Parties, enforce laws and regulations related to the zone of the Contracting Party which has assigned them. (vii) Special inspection vessels and aircraft shall immediately notify the Executive Secretary by radio/telex of the date and time of terminating their duties under the scheme. (viii) In each case, the times referred to in subparagraph (vi) above shall be entered in the aircraft's or ship's log or its equivalent. The times stated in these entries, shall constitute the times applicable to subparagraph (vi) above. In cases where communication of the notifications is not possible or practicable, these entries shall constitute fulfillment of the obligations under subparagraphs (v) and (vii). (ix) The Executive Secretary shall circulate the substance of the notifications received from any Contracting Party for the purposes of the scheme, to all members of the Fisheries Commission, hereinafter referred to as "the Commission" within 15 days of receipt.
(i) In its inspections a Contracting Party shall aim at ensuring equal treatment between all Contracting Parties with vessels operating in the regulatory area through an equitable distribution of inspections. (ii) To ensure objectivity in the realization and distribution of inspections between the Contracting Parties, the number of inspections carried out by the vessels of a Contracting Party on vessels of any other Contracting Party shall, as far as possible, reflect the ratio of the inspected Party's fishing activity to the total fishing activity in the regulatory area, measured on the basis of, inter alia, the level of catches and days on ground. Inspections of vessels shall be carried out in a non-discriminatory manner. The number of inspections shall be based upon fleet size, taking into account their compliance records. Contracting Parties shall ensure that their inspectors take special care to avoid damage to the cargo or to the gear inspected. Interference with both fishing and non fishing activities shall be minimised. Crews and vessels operating in conformity with NAFO Conservation and Enforcement Measures shall not be subject to harassment. Inspections shall be carried out only for the purpose of ascertaining that the said NAFO rules are respected.
(i) Any vessel or helicopter assigned to the scheme and carrying an inspector shall display the following signals to indicate that the inspector is carrying out inspections under the scheme: (a) during daylight hours, in conditions of normal visibility two inspection pennants as shown in Annex II, flown in a vertical line one above the other with distance between the two not exceeding one metre; (b) the boarding craft shall display one inspection pennant which is identical as shown in Annex II but which may be half-scale.
ii) Surveillance aircraft assigned to the scheme shall have their international radio call sign clearly displayed.
(i) Inspection and control under the scheme applies in the regulatory area to the following vessels: (a) fishing vessels which are or have been engaged in fishing operations in the regulatory area; (b) vessels, equipped for processing fish on board, which are or have been engaged in fish transferring operations in the regulatory area; and, (c) transport vessels which are actually engaged in fish transferring operations.
(ii) The master of vessel to which the scheme applies shall facilitate boarding when given the appropriate signal in the Internationale Code of Signals by a vessel or helicopter carrying an inspector. The vessel to be boarded shall not be required to stop or manoeuvre when fishing, shooting, or hauling. The master shall nonetheless provide: (a) for vessels longer than 30 metres overall, a boarding ladder constructed and used as described in Annex III; (b) such assistance to boardings from helicopters as specified or as qualified in Annex IV.
When an inspection vessel has signalled that an inspection party is about to commence boarding a fishing vessel which has begun or is about to begin hauling its nets, the master of that fishing vessel shall ensure that the net is not retrieved for a period of 30 minutes after receiving the signal. In all cases, the master shall observe the ordinary practice of good seamanship to enable an inspection party to board as soon as practicable. (iii) The procedures established for personnel helicopter hoist transfers shall not place a higher duty of care upon the master of a fishing vessel than that required by international law. (iv) An inspection party shall consist of, at maximum, two inspectors assigned to the scheme. The use of arms in relation to the inspections is prohibited and, in particular, the inspectors shall not carry arms. Notwithstanding the provisions of this section, the principle of not carrying or using arms shall not be deemed to limit the performance of inspections by a Contracting Party of vessels flying its own flag. (v) The vessel in charge of a pair of trawling operations shall be required to identify itself by flying a pennant or flag on the approach of an inspector.
(i) Inspections shall be made so that the vessel, its activities and catch suffer the minimum interference and inconvenience. The duration of an inspection shall not exceed three hours, or until the net is hauled in and the net and catch are inspected, whichever is longer, but this time limitation shall not apply in the case of an apparent infringement. In the case of a difference between the recorded catches and the estimates of the inspector of the catch on board the vessel, the inspector may re-check calculations, procedures, the relevant documentation used to determine the catch summaries from the regulatory area and the catch on board the vessel; the inspector shall then leave the vessel within one hour following the completion of the original inspection. An inspector shall limit his inquiries to the ascertainment of the facts in relation to the observance of those Commission measures to which the Contracting Party for the inspected vessel has not objected in accordance with Article XII of the Convention. The inspection shall be carried out using the report of inspection prescribed in Annex V. As regards Section 15 of Annex V, notwithstanding any objection to quotas made pursuant to Article XII of the Convention, inspectors shall summarize from log-book records, for the current voyage, the vessel's catch in the regulatory area by species and by division and shall record this summary on the inspection form. The current voyage shall be defined for this purpose as beginning when the vessel enters the regulatory area, and ending when the vessel leaves the convention area (which includes the ports bordering the convention area) for a period greater than 20 consecutive days. The current voyage shall not be considered to have ended as long as the vessel has catch on board from the regulatroy area. In the case of a language difficulty, the inspector or the master shall use, in the appropriate language, the appropriate part of the questionnaire shown in Annex VI. Contracting Parties may exercise, by letter to the Executive Secretary, the option to have inspectors summarize from log-book records for the quota period, instead of the current voyage, their vessel's catch in the regulatory area by species and by division and record this summary in Section 15 of the inspection form. In making his examination, the inspector may ask the master for any required assistance. The master shall facilitate the work of the inspector. The report of the inspection may be commented upon and shall be signed by all the persons that the form requires. A copy of the report shall be given to the master of the vessel. The Constracting Party inspecting a vessel will communicate in writing the details of an apparent infringement to the designated authorities of the Contracting Party for the inpected vessel within the working day following the inspection whenever possible. The Contracting Parties inspecting vessels will provide notification of a list of vessels inspected on a calendar monthly basis to the designated authorities of the Contracting Parties of the vessels inspected, via the office of the Executive Secretary. In the case of an apparent infringement or a differences between recorded catches and the inspector's estimates of the catches on board, a copy of the inspection report with supporting documentation, including second photographs taken, shall be transmitted as soon as possible to the responsible authorities of the Contracting Party for the inspected vessel, after the inspection vessel returns to port. In the case of other inspection reports, the original shall be transmitted within 30 days whenever possible, to a designated authority of the Contracting Party for the inspected vessels. A copy of every inspection report shall also be forwarded to the Executive Secretary. (ii) Notwithstanding any objection to quotas made pursuant to Article XII of the Convention: (a) inspectors shall have authority to inspect and measure all fishing gear on or near the working deck and readily available for use and to inspect and record estimates of the catch on and below decks in so far as such inspection and measurement are necessary to establish whether the vessel is complying with the Commission's measures; (b) fishing gear shall be inspected in accordance with the Commission's measures; (c) with regard to catches, correspondance between the log-book entries for the regulatory area and estimates of catches by species on board relating the these entries may be ascertained and differences between recorded catches and the inspector's estimate of the catches on board with percentages shall be recorded under Section 18 of the inspection report (Comments Section); and (d) inspectors may also ascertain that records for the duration of the quota period to the date of the inspection are aboard the vessel in accordance with the NAFO Conservation and Enforcement Measures Part I C (2) (b) (iii).
(iii) As inspector has the authority to examine catch, nets or other gear, and any relevant documents which the inspector deems necessary to verify the observance of the Commission's measures. Where an apparent infringement of the measures in observed: the inspector shall note the apparent infringement in the report, sign the entry and obtain the countersignature of the master, the inspector shall enter and sign a notation in the fishing log-book or other relevant document stating the date, location, and type of apparent infringement found. The inspector may make a copy of any relevant entry in such a document, and shall require the master of the vessel to certify in writing on each page of the copy that it is a true copy of such entry, the inspector shall have full opportunity to document the apparent infringement with photographs of the relevant fishing vessel's gear or catch, in which case a second photograph shall be given to the master of the vessel and attached to the report sent to an appropriate authority of the Contracting Party for the inspected vessel.
(iv) Where an inspector finds an apparent infringement of measures prohibiting: (a) fishing in a closed area or with gear prohibited in a specific area; (b) fishing for stocks or species after the date on which the Contracting Party for the inspected vessel has notified the Executive Secretary that vessels of the party will cease a directed fishery for those stocks or species; and (c) fishing on the "others" quota without prior notification to the Executive Secretary, or more than seven working days after the Contracting Party for the inspected vessel has been notified by the Executive Secretary that fishing under an "others" quota for that stock or species should ceases,
the inspector, to facilitate a Contracting Party action on the apparent infringement, shall immediately attempt to communicate with an inspector of the Contracting Party for the inspected vessel, known to be in the vicinity, or the authority designated in accordance with paragraph 3 above. The master of the inspected vessel shall provide the use of the vessel's radio equipment and operator for messages to be sent out and received for this purpose. At the request of the inspector, a master shall cease all fishing which appears to the inspector to contravene the measures referred to in (a) to (c) above. During this time, the inspector shall complete the inspection and, if unable within a reasonable period of time to communicate with an inspector or designated authority of the Contracting Party for the inspected vessel, he shall leave the inspected vessel and communicate as soon as possible with one of them. However, if he succeeds in establishing communications while on board the inspected vessel, and provided that the inspector or designated authority of the Contracting Party for the inspected vessel agrees, the inspector may remain aboard. As long as the inspector remains aboard, 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 designated authority of the Contracting Party for the inspected vessel, that the apparent infringement will not be repeated. (v) The inspector in charge may request that the master remove any part of the fishing gear which appears to the inspector to contravene the Commission's measures. An identification mark shall be affixed securely to any part of the fishing gear which appears to the inspector to have been in contravention, and the inspector shall record the fact on his report. The gear shall be preserved with the mark attached until examined by an inspector or designated authority of the Contracting Party for the inspected vessel who shall determine the subsequent disposition of the gear. (vi) An inspector may photograph the fishing gear in such a way that the identification mark and measurements of the fishing gear are visible and subjects photographed should be listed in the report. A second photograph shall be given to the master of the vessel.
(i) report the apparent infringement as soon as possible to any inspector of the Contracting Party for the vessel concerned known to be in the vicinity or a designated authority of that Contracting Party; and, (ii) prepare and forward to the Executive Secretary a report giving as much information as possible, including the nature of the signal, the distance from which the signal was given, the visibility at the time, sea state, wind and icing conditions.
(i) misreporting of catches; (ii) mesh size violations; (iii) hail system violations; (iv) interference with the satellite tracking system; (v) preventing an inspector or an observer from carrying out his or her duties; (vi) directed fishing for a stock which is subject to a moratorium or for which fishing is prohibited.
(i) If a NAFO inspector cites a vessel for having committed, to a serious extent, an apparent infringement as listed in paragraph 9, the Contracting Party of the vessel shall ensure that the vessel concerned is inspected within 72 hours by an inspector duly authorized by that Contracting Party. In order to preserve the evidence, the NAFO inspector shall take all necessary measures to ensure security and continuity of the evidence, and may remain on board the vessel, for the period necessary to provide information to the duly authorized inspector concerning the apparent infringement. (ii) Where justified, the competent authority of the Flag Member State or the inspector authorized by the said authority of the vessel concerned shall, where duly authorized to do so, require the vessel to proceed immediately to a nearby port, chosen by the Master, which should be one of the following, St. John's, Halifax, the home port of the vessel or a port designated by the Flag Member State, for a thorough inspection under the authority of the Flag Member State and in presence of a NAFO inspector from any other Contracting Party that wishes to participate. If the vessel is not called to port, the Contracting Party must provide due justification in a timely manner to the Executive Secretary who shall make it available on request to any Contracting Party. (iii) Where a NAFO inspector cites a vessel for having committed an apparent infringement as listed in paragraph 9, the inspector shall immediately report this to the competent authority of the Flag Member State and to the Executive Secretary, who shall in turn immediately report, for information purposes, to the other Contracting Parties with an inspection vessel in the Convention Area. (iv) Where a vessel is required to proceed to port for a thorough inspection pursuant to paragraph (ii), a NAFO inspector from another Contracting Party may, subject to the consent of the Contracting Party of the vessel, board the vessel as it is proceeding to port, may remain on board the vessel as it proceeds to port and may be present during the inspection of the vessel in port. (v) If an apparent infringement of the Conservation and Enforcement Measures has been detected which in the view of the duly authorized inspector of the Contracting Party of the vessel as referred to in (ii) is sufficiently serious, that inspector shall take all necessary measures to ensure security and continuity of the evidence including, as appropriate, sealing the vessel's hold for eventual dockside inspection.
(i) When, as a result of surveillance an inspector observes a vessel of a Contracting Party, and where such observation does not correspond with the latest information available to the inspector as provided for by Section E.2 of Part III of the Conservation and Enforcement Measures, the inspector shall complete Part I of the surveillance report form shown at Annex VII and shall photograph the vessel in support of his observations. Photographs taken should simultaneously record the position, date and time as shown by the surveillance craft's instrumentation. (ii) Not less than 72 hours following the recording of the observation in Part I of the surveillance report and on the basis of notifications received from the Contracting Party of the vessel concerned pursuant to the hail system, the inspector shall complete Part II of the surveillance report. (iii) The original of each surveillance report completed in accordance with 9 (i) and (ii) and any photographs shall be forwarded as soon as possible to the Contracting Party of the vessel concerned, or a designated authority of that Contracting Party. A copy of every surveillance report shall also be forwarded to the Executive Secretary. (iv) An appropriate authority of a Contracting Party shall, on receipt of a surveillance report concerning a vessel of that party, take prompt action to receive and consider the report and, whenever possible, board the vessel concerned, and conduct any further investigation necessary to allow it to determine appropriate follow-up action.
(i) the number of inspections conducted by it under the scheme specifying the number of inspections on the vessels of each Contracting Party and, in the case of apparent infringement, the date and position of the inspection of the named vessel and the nature of the apparent infringement; (ii) the disposition of apparent infringements notified to it by a Contracting Party. The apparent infringements shall be listed annually until the action is concluded under the laws of the Flag State, and any penalties imposed shall be described in specific terms; (iii) differences that they consider significant between records of catches in their Contracting Party's vessels' log-books and inspectors' estimates of catches on board the vessels. The cases so identified as significant shall be listed annually until NAFO is informed of the actions taken in response, including any penalties imposed under the law of the Flag State. These penalties shall be described in specific terms; (iv) the number of air hours flown on NAFO patrol, the number of sightings and the number of surveillance reports established with the date, time and position of the sightings in respect of these surveillance reports; (v) the disposition of surveillance reports notified to it by a Contracting Party. The surveillance reports shall be listed annually until follow-up action is concluded by the appropriate authorities. In cases where the follow-up action results in penal action any penalties imposed shall be described in specific terms.
(i) In the event of a disagreement concerning the interpretation or application of the scheme, the concerned Contracting Parties shall consult in an attempt to resolve the disagreement. (ii) If the disagreement remains unresolved following the consultations, at the request of a Contracting Party the Executive Secretary shall refer the disagreement to a special meeting of the Standing Committee on International Control (Stactic). A report on the disagreement shall be drawn up by Stactic and provided to the Fisheries Commission within two months of the Stactic meeting. (iii) On receipt of the Stactic report, a Contracting Party may within a further period of two months request a special meeting of the Fisheries Commission to consider the report and to take appropriate action.
(a) of hardwood or other material of equivalent properties, made in one piece free of knots, having an efficient non-slip surface; the four lowest steps may be made of rubber of sufficient strength and stiffness or of other suitable material of equivalent characteristics; (b) not less than 480 mm long, 115 mm wide, and 25 mm in depth, excluding any non-slip device; and (c) equally spaced not less than 380 mm not more than 380 mm apart and may be secured in a manner that they will remain horizontal.
(i) attempt to communicate by radio in a common language; (ii) alter course and speed if requested and if free to do so; (iii) maintain a steady course and speed throughout the transfer operation unless the safety of the vessel is in jeopardy; (iv) provide a visual indication of relative wind by means of a pennant or other suitable device; (v) clear the transfer area of objects which could be blown loose; (vi) shall not make radio transmission on standing wire antennae (high frequency) in the immediate vicinity of the transfer area during the transfer. If such transmissions become necessary, the helicopter shall be advised in order that the transfer could be delayed; if a guide line is lowered first, crew members should be available to man this line to assist in the transfer of the inspection party. Other lines and wires should not be touched by the crew of the vessel until the inspection party has grounded those lines and wires on the vessel; (vii) take appropriate measures to ensure to the extent practicable that none of the lines or fittings lowered from the helicopter are attached to or permitted to foul in the vessel.
(i) by radio communications on 2182 kHz, VHF-FM channel 16 or other agreed frequencies;(ii) by visual or aural indication of an appropriate signal extracted from the International Code of Signals as shown in paragraph 7; (iii) by hovering over or near the intended boarding position in conjunction with hand signals, adopted from the International Code of Signals, as indicated in paragraph 4.
(i) Signal: Pointing movement by arm or handUsed by: Meaning: Helicopter Wish to conduct transfer or boarding in the indicated location (ii) Signal: Vertical motion with arm or flag, or "Thumbs-up" indicationUsed by: Situation: Meaning: Either Before transfer Ready to conduct transfer; Vessel Before transfer Desire transfer from this position; Helicopter After dropping the guide line Take up the slack on the guide line; After taking up the slack on the guide line Pull in gently on the guide line; Either At any time Affirmative response. (iii) Signal: Horizontal motion with arm or flag, or "Thumbs-down" indicationUsed by: Situation: Meaning: Vessel Before transfer Transfer not recommended from this position — recommend alternative (and point towards desired position); Either Before transfer Not ready to conduct transfer; Vessel During transfer Request you stop the transfer; Helicopter After dropping the guide line Ease the tension on the guide line; After easing the tension on the guide line Release the guide line; Either At any time Negative response.
(i) in the opinion of the captain of the helicopter or the master of the vessel, there is inadequate clear space for a transfer or there are too many obstructions; (ii) there is significant vessel motion such that, in the opinion of the captain of the helicopter or the master of the vessel, a hazard exists; (iii) the helicopter cannot position itself with an acceptable relative wind; and (iv) other hazards exist which prejudice the safety of the helicopter or the vessel or of personnel being transferred.
| SQ 3 | You should stop, or heave to, I am going to board you | The display of the inspection pennant indicates the presence of an authorized inspection team in the helicopter |
| MG | You should steer course … | Course is true |
| IK-RQ | Request you proceed at … knots | |
| AZ | I cannot alight but I can lift crew | Indication of intentions to conduct helicopter hoist transfer (used with BB signal) |
| BB1-RQ | May I alight on your deck; are you ready to receive me forward? | Used in conjunction with signal AZ to indicate helicopter will not alight but will conduct a hoist transfer in the area indicated |
| BB2-RQ | May I alight on your deck; are you ready to receive me amidships? | |
| BB3-RQ | May I alight on your deck; are you ready to receive me aft? | |
| K | ||
| YX | I wish to communicate by radiotelephony on frequency indicated | |
| C | Yes (affirmative) | |
| N | No (negative) | November Oscar by voice or radio transmission |
| YU | I am going to communicate with your station by means of the International Code of Signals | |
| BT | Helicopter is coming to you now (or at time indicated) |