# 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

EU Regulation No 538/2008 · adopted 29 May 2008

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

## Introductory text

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
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, 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:

## 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:
‘Fisheries restricted areas
Article 12 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.. 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)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.

## 2 

This Regulation shall enter into force on the seventh day following its publication in the Official Journal of the European Union.

## Signature

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 II 

Point 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 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
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
’

## 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)
’

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Source: https://www.legislation.gov.uk/eur/2008/538 (the official version)
Page: https://openlegislation.uk/eu-regulation-2008-538
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.