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

Council Regulation (EC) No 538/2008of 29 May 2008amending 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 OrganisationOJ L 318, 5.12.2007, p. 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 N45.00.30 W	51.00.30 N45.00.30 W	51.00.30 N47.00.30 W	50.00.30 N45.00.30 W
Corner Seamounts	35.00.00 N48.00.00 W	36.00.00 N48.00.00 W	36.00.00 N52.00.00 W	35.00.00 N52.00.00 W
Newfoundland Seamounts	43.29.00 N43.20.00 W	44.00.00 N43.20.00 W	44.00.00 N46.40.00 W	43.29.00 N46.40.00 W
New England Seamounts	35.00.00 N57.00.00 W	39.00.00 N57.00.00 W	39.00.00 N64.00.00 W	35.00.00 N64.00.00 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)aif 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. 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"

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

"3."Catch" report Optional if a vessel is subject to satellite tracking."

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 PartyInternal referenceNumber	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	Activity detail; position at time of transmission
Longitude	LO	M	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

----------------------

Optional if a vessel is subject to satellite tracking." ANNEX III "ANNEX XII Port inspection report 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)"