Product labelling requirements
1. When processed, all species harvested in the Regulatory Area shall be labelled in such a way that each species and product category is identifiable. All species must be labelled using the following data:
(a)
the name of the capture vessel;
(b)
the 3-Alpha Code for each species as listed in Annex I.C to the CEM referred to in point 11 of the Annex to this Regulation;
(c)
in the case of Northern prawns, the date of capture;
(d)
the Regulatory Area and Division of fishing; and
(e)
the product form presentation code as listed in Annex II.K to the CEM referred to in point 29 of the Annex to this Regulation.
2. Labels shall be securely affixed, stamped or written on packaging at the time of stowage and be of a size that can be read by inspectors in the normal course of their duties.
3. Labels shall be marked in ink on a contrasting background.
4. Each package shall contain only:
(a)
one product form category;
(b)
one Division of capture;
(c)
one date of capture (in the case of Northern prawns); and
(d)
one species.
Monitoring of catch
1. For the purposes of monitoring catch, each fishing vessel shall have a fishing logbook, a production logbook and a stowage plan to record fishing activities in the Regulatory Area.
2. Each fishing vessel shall maintain a fishing logbook that is retained on board for at least 12 months and in accordance with Annex II.A to the CEM referred to in point 30 of the Annex to this Regulation, and that:
(a)
accurately records the catch of each tow/set relating to the smallest geographical area for which a quota has been allocated;
(b)
indicates the disposition of the catch of each tow/set, including the amount (in kg, live weight) of each stock that is retained on board, discarded, offloaded, or transhipped during the current fishing trip.
3. Each fishing vessel shall maintain a production logbook that is retained on board for at least 12 months and that:
(a)
records the daily cumulative production for each species and product type in kg for the preceding day from 00:01 UTC until 24:00 UTC;
(b)
relates the production of each species and product type to the smallest geographical area for which a quota has been allocated;
(c)
lists the conversion factors used to convert production weight of each product type into live weight when recorded in the fishing logbook;
(d)
labels each entry in accordance with Article 24.
4. Each fishing vessel shall, with due regard for safety and navigational responsibilities of the master of the vessel, stow all catch taken in the Regulatory Area separately from all catch taken outside the Regulatory Area, and ensure that such separation is clearly demarcated using plastic, plywood or netting.
5. Each fishing vessel shall maintain a stowage plan that:
(a)
clearly shows:
(i)
the location and quantity, expressed as product weight in kg, of each species within each fish hold;
(ii)
the location in each hold of shrimp taken in Division 3L and in Division 3M, including the quantity of shrimp in kg, by Division;
(iii)
the top view of product within each fish hold;
(b)
is updated daily for the preceding day from 00:01 to 24:00 UTC; and
(c)
is retained on board until all catches have been unloaded completely from the vessel.
6. Every fishing vessel shall transmit electronically, in accordance with the format and the content prescribed for each type of report in Annex II.D and Annex II.F to the CEM referred to in points 31 and 32 of the Annex to this Regulation, to its FMC reports as regards the following:
(a)
catch on entry (COE): quantity of catch on board by species upon entry into the Regulatory Area, transmitted at least six hours in advance of the vessel's entry;
(b)
catch on exit (COX): quantity of catch on board by species upon exit from the Regulatory Area transmitted at least six hours in advance of the vessel's exit;
(c)
catch report (CAT): quantity of catch retained and quantity discarded by species for the day preceding the report, by Division, including nil catch returns, sent daily before 12:00 UTC; nil catch retained and nil discards of all species shall be reported using the 3 alpha code MZZ (marine species not specified) and quantity as ‘0’ as the following examples demonstrate (//CA/MZZ 0//and//RJ/MZZ 0//);
(d)
catch on board (COB): for any vessel fishing Northern prawn in Division 3L, prior to entry or exit from Division 3L, transmitted one hour prior to crossing the boundary of Division 3L;
(e)
transhipment (TRA):
(i)
by donor vessel, transmitted at least twenty four hours in advance of the transhipment; and
(ii)
by receiving vessel, not later than one hour after the transhipment.
(f)
port of landing (POR): by a vessel that has received a transhipment at least twenty four hours in advance of any landing.
Catch of species listed in Annex I.C to the CEM for which the total live weight on board is less than 100 kg, may be reported using the 3 alpha code MZZ (marine species not specified), except in the case of sharks. All sharks shall be reported at the species level under their corresponding 3 alpha code presented in Annex I.C to the CEM or, if not contained in Annex I.C to the CEM or in the FAO ASFIS List of Species for Fishery Statistics, to the extent possible. When species specific reporting is not possible, shark species shall be recorded as either large sharks (SHX) or dogfishes (DGX), as appropriate and in accordance with the 3-alpha codes presented in Annex I.C to the CEM referred to in point 11 of the Annex to this Regulation. The estimated weight of each shark caught per haul or set shall also be recorded.
7. The reports referred to in paragraph 6 may be cancelled by means of a cancel report in the format specified in Annex II.F(8) to the CEM referred to in point 32 of the Annex to this Regulation. If any of those reports is subject to correction, a new report shall be sent without delay after the cancel report within the time limits set out in this Article.
The flag State FMC shall communicate its acceptance of the report cancellation from vessels flying its flag to the Commission without delay.
8. Each Member State shall ensure that its FMC, immediately upon receipt, transmits electronically the reports referred to in paragraph 6 to the NAFO Executive Secretary in the format prescribed in Annex II.D to the CEM referred to in point 31 of the Annex to this Regulation, with the Commission and EFCA in copy.
9. Each Member State shall:
(a)
report its provisional monthly catches by species and stock area, and its provisional monthly fishing days for the fishery of Northern prawn in Division 3M, whether or not it has quota or effort allocations for the relevant stocks; it shall transmit those reports to the Commission within 20 days of the end of the calendar month in which the catch was taken;
(b)
ensure that logbook information is submitted in either Extensible Markup Language (XML) or in a Microsoft Excel file format, to the Commission containing at a minimum the information outlined in Annex II.N to the CEM referred to in point 33 of the Annex to this Regulation, within 60 days following the completion of each fishing trip.
Vessel monitoring system (VMS)
1. Each fishing vessel operating in the Regulatory Area shall be equipped with a satellite monitoring device capable of continuous automatic transmission of position to its land-based FMC, at least once an hour, with the following VMS data:
(a)
vessel identification;
(b)
most recent vessel position, by latitude and longitude, having an error tolerance margin no greater than 500 metres and a confidence interval of 99 %;
(c)
UTC date and time of the fixing of the position; and
(d)
vessel course/heading and speed.
2. Each Member State shall ensure that its FMC:
(a)
receives the position data referred to in paragraph 1 and records them using the following 3 letter codes:
(i)
‘ENT’, first VMS position transmitted by each vessel upon entering the Regulatory Area;
(ii)
‘POS’, every subsequent VMS position transmitted by each vessel from within the Regulatory Area; and
(iii)
‘EXI’, first VMS position transmitted by each vessel upon exiting the Regulatory Area;
(b)
is equipped with computer hardware and software for automatic data processing and electronic data transmission and applies back-up and recovery procedures and records the data received from fishing vessels in computer readable form that it maintains for not less than three years; and
(c)
notifies the Commission and EFCA of the FMC name, address, telephone, telex, email or facsimile numbers and any subsequent changes without delay.
3. Each Member State shall assume all costs associated with its own VMS.
4. Where an inspector observes a fishing vessel in the Regulatory Area and has not received data in accordance with paragraph 1, 2 or 8 that inspector shall inform the master of the vessel and the Commission.
5. The Member State shall ensure that the master of the vessel or the owner of a fishing vessel flying its flag or its representative is informed when the vessel's satellite monitoring device appears to be defective or non-functioning.
6. Where the satellite monitoring device fails, the master of the vessel shall ensure it is repaired or replaced within one month following such failure, or, where a fishing trip lasts more than one month, the repair or the replacement is completed upon the vessel's next entry into port.
7. No fishing vessel may commence a fishing trip with a defective satellite monitoring device.
8. Every fishing vessel operating with a defective satellite monitoring device, shall transmit, at least once every 4 hours, the VMS position data to its flag Member State FMC by other available means of communication, in particular, satellite, email, radio, facsimile or telex.
9. The flag Member State shall ensure that:
(a)
its FMC transmits VMS position data to the NAFO Executive Secretary with the Commission and EFCA in copy, as soon as possible, but not later than 24 hours after it receives them and may authorise fishing vessels flying its flag to transmit VMS position data by satellite, email, radio, facsimile or telex, direct to the NAFO Executive Secretary; and
(b)
the VMS position data transmitted to the NAFO Executive Secretary are in conformity with the data exchange format set out in Annex II.E to the CEM referred to in point 34 of the Annex to this Regulation and further described in Annex II.D to the CEM referred to in point 31 of the Annex to this Regulation.
10. Each Member State may use NAFO VMS data for search and rescue or for the purpose of maritime safety.
