# 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
## Preamble
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. | ‘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.’; | ‘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.’; |
| --- | --- | --- | --- |
| ‘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. | ‘(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.’; | ‘(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.’; |
| --- | --- | --- | --- |
| ‘(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. | (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) — provide a boarding ladder constructed and used as described in the conservation and enforcement measures of NAFO;’;
‘(b): provide a boarding ladder constructed and used as described in the conservation and enforcement measures of NAFO;’; | (a) | ‘(b): provide a boarding ladder constructed and used as described in the conservation and enforcement measures of NAFO;’; | ‘(b) | provide a boarding ladder constructed and used as described in the conservation and enforcement measures of NAFO;’; | (b) | ‘(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;’; | ‘(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;’; |
| --- | --- | --- | --- | --- | --- | --- | --- | --- | --- |
| (a) | ‘(b): provide a boarding ladder constructed and used as described in the conservation and enforcement measures of NAFO;’; | ‘(b) | provide a boarding ladder constructed and used as described in the conservation and enforcement measures of NAFO;’; | | | | | | |
| ‘(b) | provide a boarding ladder constructed and used as described in the conservation and enforcement measures of NAFO;’; | | | | | | | | |
| (b) | ‘(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;’; | ‘(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;’; | | | | | | |
| ‘(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* .
## Final provisions
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](http://publications.europa.eu/resource/oj/JOL_2007_318_R_TOC) .
‘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’
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.’
‘ANNEX XII Port inspection report Text of image 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 Text of image 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 Text of image 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: Text of image 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. Text of image 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 Text of image 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.’
‘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)’
[^1]: Optional if a vessel is subject to satellite tracking.’