1. Without prejudice to any obligation of the master of a Union fishing vessel during an inspection provided for in any act adopted pursuant to Regulation (EC) No 1224/2009, during a boarding and the conduct of an inspection the master of a Union fishing vessel shall:
(a)
follow internationally accepted principles of good seamanship so as to avoid risks to the safety of authorised inspection vessels and inspectors;
(b)
accept and facilitate the prompt and safe boarding by authorised inspectors;
(c)
cooperate with and assist in the inspection of the vessel pursuant to the WCPFC boarding and inspection procedures;
(d)
refrain from unduly obstructing or delaying the authorised inspectors in the performance of their duties;
(e)
allow the authorised inspectors to communicate with the crew of the inspection vessel, the authorities of the inspection vessel, as well as with the authorities of the fishing vessel being inspected;
(f)
provide the authorised inspectors with reasonable facilities, equivalent to those normally available to an officer on board the vessel, including, where appropriate, food and accommodation; and
(g)
facilitate safe disembarkation by the authorised inspectors.
2. If the master of a Union fishing vessel refuses to allow an authorised inspector to carry out a boarding and inspection activity in accordance with the procedures set out in this Regulation, that master shall explain the reason for such refusal. The authorities of the inspection vessel shall immediately notify the flag Member States authorities of the fishing vessel, as well as the Commission, or a body designated by it, of the master’s refusal and any explanation provided. The Commission shall immediately inform the WCPFC Secretariat of such notification.
3. When notified of a refusal pursuant to paragraph 2, the flag Member State authorities of a fishing vessel shall direct the master to accept boarding and inspection unless generally accepted international regulations, procedures and practices relating to safety at sea make it necessary to delay the boarding and inspection.
4. If the master does not comply with a direction given pursuant to paragraph 3, the flag Member State shall suspend the vessel’s authorisation to fish and order the vessel to return immediately to port. The flag Member State shall immediately notify the authorities of the inspection vessel and the Commission, or a body designated by it, of the action it has taken.
1. Upon receipt of a notification of a possible serious infringement as referred to in Article 33 from an authorised inspector of a contracting party, the flag Member State of the fishing vessel concerned shall without delay:
(a)
assume its obligation to investigate in accordance with Article 43 of Council Regulation (EC) No 1005/2008 ( 13 ) and, if the evidence warrants, take enforcement action against the fishing vessel concerned and notify the authorised inspector’s authorities, the Commission, or a body designated by it, and the WCPFC Secretariat thereof; or
(b)
authorise the authorised inspector’s authorities to complete the investigation of the possible infringement and notify the Commission, or a body designated by it, and the WCPFC Secretariat thereof.
2. Authorised Union inspectors shall treat inspection reports in accordance with Article 76 of Regulation (EC) No 1224/2009.
3. In the case of paragraph 1, point (b), the Member State authorities of the authorised inspector shall submit the specific evidence collected by the authorised inspectors, along with the results of their investigation, to the flag State authorities of the fishing vessel immediately upon completion of the investigation. Upon receipt of a notification pursuant to paragraph 1, the flag Member State of the fishing vessel shall respond without delay and in any event no later than within three working days.
1. Each of the following violations constitutes a serious infringement within the meaning of Article 90 of Regulation (EC) No 1224/2009:
(a)
fishing without a licence, permit or authorisation issued by the flag Member State;
(b)
failure to maintain sufficient records of catch and catch-related data in accordance with reporting requirements set out in this Regulation’s or significant misreporting of such catch or catch-related data;
(c)
fishing in a closed area;
(d)
fishing during a closed season;
(e)
intentional taking or retention of species in contravention of any applicable CMM and of this Regulation;
(f)
significant violation of catch limits or quotas in fishing opportunities;
(g)
using prohibited fishing gear;
(h)
falsifying or intentionally concealing the markings, identity or registration of a fishing vessel;
(i)
concealing, tampering with or disposing of evidence relating to investigation of a violation;
(j)
multiple infringements which taken together constitute a serious disregard of measures in force pursuant to this Regulation;
(k)
refusal to accept a boarding and inspection;
(l)
unduly obstruct or delay an authorised inspector;
(m)
intimidation of or physical attacks on the ROP observer;
(n)
intentionally tampering with or disabling the VMS;
(o)
fishing by Union fishing vessels not listed in the Record;
(p)
fishing near a data buoy or taking a data buoy on board in breach of Article 9(1) or (2).
2. Where it has been established that a Union fishing vessel has been involved in the commission of a serious infringement, the authorities of the flag Member State shall withdraw the licence of that vessel and ensure that that vessel does not fish in that Convention area until the sanctions imposed by the flag Member State in respect of the violation have been complied with.
1. The authorities of the flag Member State shall regard interference by fishing vessels flying its flag, or the master or crew of such vessels, with an authorised inspector or an authorised inspection vessel in the same manner as any such interference occurring within its exclusive jurisdiction.
2. Authorised Union inspectors, while carrying out activities to implement the procedures set out in this Regulation, shall engage in surveillance aimed at identifying fishing vessels of non-contracting parties, or fishing vessels that appear to be without nationality, undertaking fishing activities on the high seas in the Convention Area. Any such vessels identified shall be immediately reported to the flag Member State, the Commission or a body designated by it, and the WCPFC Secretariat.
3. Member States shall report fishing vessels of non-contracting parties referred to in paragraph 2 to the Commission, or a body designated by it, and the flag State of the vessel concerned.
