NAFO Conservation and Enforcement Measures - 2010
SCHEME TO PROMOTE COMPLIANCE BY NON-CONTRACTING PARTY VESSELS WITH RECOMMENDATIONS ESTABLISHED BY NAFOArticle 51 - Scope and Objectives1. The purpose of this Scheme is to promote compliance by non-Contracting Party vessels with recommendations established by NAFO and to prevent, deter and eliminate fishing activities by non-Contracting Party vessels that undermine the effectiveness of the Conservation and Enforcement Measures established by the Organization.
2. Nothing in this Scheme shall affect the sovereign rights of Contracting Parties to impose additional measures to promote compliance by NCP vessels, in accordance with international law.
3. Nothing in this Scheme shall be interpreted to prevent a port State Contracting Party from allowing a non-Contracting Party vessel entry into its ports for the purpose of conducting an investigation of, or taking appropriate enforcement action against the vessel.
3. This Scheme shall be interpreted in a manner consistent with international law, including the rights of port access in case of force majeur or distress in accordance with the United Nations Law of the Sea, and the principles, rights and obligations in WTO agreements, and be implemented in a fair and transparent manner.
Article 52 - Sightings and identifications of non-Contracting Party vessels / Presumption of NCP vessels undermining NAFO Conservation and Enforcement Measures1. A non-Contracting Party vessel that has been sighted or by other means identified by a Contracting Party as engaging in fishing activities in the Regulatory Area is presumed to be undermining the effectiveness of Conservation and Enforcement Measures. In the case of any transhipment activities involving a sighted non-Contracting Party vessel, inside or outside the Regulatory Area, the presumption of undermining Conservation and Enforcement Measures applies to any other non-Contracting Party vessel that has engaged in such activities with that vessel.
2. For the purposes of paragraph 1, recognizing the adjacent boundary of the NRA with the Convention Area of North East Atlantic Fisheries Commission (NEAFC); the existence of stocks that straddle the boundary between these areas; and the global nature of IUU vessel activities, a non-Contracting Party vessel that has been placed on the NEAFC IUU list is presumed to be engaging in fishing activities in the NRA and thereby undermining the effectiveness of Conservation and Enforcement Measures.
3. Information regarding sightings or identifications as specified in paragraph 1 shall be immediately transmitted to the Secretariat. For sightings, the Surveillance Report provided in Annex XII shall be used. The Secretariat shall then transmit this information to all Contracting Parties and other relevant Regional Fisheries Management Organizations within one business day of receiving this information, and to the flag State as soon as possible.
4. The Contracting Party shall attempt to inform the vessel that it has been sighted or identified engaging in fishing activities, and is accordingly presumed to be undermining the Conservation and Enforcement Measures, and that this information will be distributed to all Contracting Parties, other Regional Fisheries Management Organizations and to the flag State of the vessel.
Article 53 - Inspections at sea1. NAFO inspectors shall, if appropriate, request permission to board non-Contracting Party vessels that are sighted engaging in fishing activities in the Regulatory Area. If the vessel consents to be boarded the inspectors’ findings shall be transmitted to the Secretariat without delay. The Secretariat shall transmit this information to all Contracting Parties and other relevant Regional Fisheries Management Organizations within one business day of receiving this information, and to the Flag State as soon as possible. The non- Contracting Party vessel that is boarded shall be provided with a copy of the findings of the NAFO inspectors.
2. Where evidence so warrants, a Contracting Party may take such action as may be appropriate in accordance with international law.
Article 54 - Entry and Inspections in port1. Masters of non-Contracting Party vessels intending to call into a port shall notify the competent authority of the port State Contracting Party in accordance with the provisions of Article 48. The port State Contracting Party shall forward without delay this information to the flag State of the vessel and to the Executive Secretary.
2. The port State Contracting Party shall prohibit the entry into its ports of vessels that have not given the required prior notice and provided the information referred to in paragraph 1. The vessel shall in any case not be allowed to enter the port unless a confirmation issued by the flag State in accordance with the provisions in Article 47 (2) is presented.
3. When a non-Contracting Party vessel referred to in Article 48 (1) enters a port of any Contracting Party, it shall be inspected by authorized Contracting Party officials knowledgeable of the Conservation and Enforcement measures (and this Scheme), and shall not be allowed to land or tranship until this inspection has taken place. Such inspections shall include the vessels documents, log books, fishing gear, catch on board any other matter relating to the vessels activities in the Regulatory Area. The inspection shall be documented by at least completing the inspection form provided in Annex XIII.
4. Information on the results of all inspections of non-Contracting Party vessels conducted in the ports of Contracting Parties, and any subsequent action, shall without delay be sent to the Executive Secretary who shall post the information on the secured part of the NAFO website and inform the flag State, relevant RFMOs and other Contracting Parties.
Article 55 - Fishing activities1. Contracting Parties shall ensure that their vessels do not receive or deliver transshipments of fish to or from a non-Contracting Party vessel referred to in Article 52 or engage in joint fishing operations with such vessels.
2. Landings and transhipments of all fish from a non-Contracting Party vessel referred to in Article 52 shall be prohibited in all Contracting Party ports, unless:
a) The vessel establishes that the fish subject to the NAFO Convention were caught outside the Regulatory Area; or
b) The vessel establishes that it has applied all relevant Conservation and Enforcement Measures.
3. Contracting Parties denying landings or transhipments shall inform the vessel, the flag State of the vessel and the NAFO Secretariat of this decision.
Article 56 - Notification of presumed IUU activities and establishment of a Provisional List1. Upon receipt of information from Contracting Parties pursuant to Articles 52 to 55, the Secretariat shall enter the flag State, vessel name and letters and numbers of registration, and other identifying features of the vessel as available, on a Provisional List. The Secretariat shall place the Provisional List on a secure section of the NAFO website.
2. In addition to information submitted from Contracting Parties pursuant to Articles 52 to 55, Contracting Parties may at any time submit to the Secretariat any further information, which might be relevant for the identification of non-Contracting Party vessels that might be carrying out IUU fishing in the Regulatory Area.
3. At the same time, the Executive Secretary shall, in consultation with the Chair of STACTIC where practicable, advise relevant non-Contracting Parties of the vessels flying their flag that have been included in the Provisional List and provide the following information to the non-Contracting party:
a) the reasons for the inclusion on the Provisional List and all relevant evidence upon which inclusion of the vessel on the list is based;
b) a copy of the NAFO Conservation and Enforcement Measures, including this Scheme;
c) request that it take measures in accordance with its applicable legislation to ensure that the vessel or vessels in question desist from any activities that undermine the effectiveness of Conservation and Enforcement Measures;
d) a request to report back to NAFO within 30 days from the date the letter is sent on the results of enquiries and/or measures it has taken in respect of the vessel or vessels concerned; and,
e) the dates when STACTIC and the General Council will be considering recommendations with respect to the composition of the IUU List, and an invitation to the non-Contracting Party to attend the meeting of STACTIC and the General Council as an observer, with the opportunity to further respond to the request specified in sub-paragraph d).
4. The Secretariat shall promptly provide non-Contracting Parties concerned with any additional information received pursuant to Articles 52 to 55 in respect of vessels flying their flag that have already been included on the Provisional List.
5. The Secretariat shall promptly distribute any information received from non-Contracting Parties to all Contracting Parties.
6. If a non-Contracting Party that has received information regarding one of the vessels entitled to fly its flag pursuant to paragraph 2 agrees to a listing the vessel concerned shall be transferred from the Provisional List to the IUU List.
Article 57 - Establishment of the IUU list1. STACTIC shall consider the Provisional List and as appropriate recommend to the General Council that the vessels either:
a) be removed from the Provisional List;
b) be retained on the Provisional List pending the receipt of further information; or,
c) be transferred to the IUU List.
2. STACTIC shall only consider vessels for inclusion on the IUU list if the period referred to in Article 56.3.d) has elapsed.
3. STACTIC shall undertake a review of the current IUU List and as appropriate recommend to the General Council that vessels are maintained thereon or removed. STACTIC shall only recommend that the General Council remove a vessel from either the Provisional or IUU list if the flag State of the vessel concerned provides satisfactory information to establish that:
a) it has taken effective action in response to the IUU fishing in question, including prosecution and imposition of sanctions of adequate severity;
b) it has taken measures to ensure the granting of the right to the vessel to fly its flag will not result in IUU fishing;
c) the vessel has changed ownership and the new owner can establish the previous owner no longer has any legal, financial, or real interests in the vessel, or exercises control over it and that the new owner does not have any legal, financial or real interest in, or exercise control over, a vessel that is on the IUU list or any equivalent type of list established by other Regional Fisheries Management Organizations; or,
d) the vessel did not take part in IUU fishing.
4. The General Council shall review the recommendations made by STACTIC pursuant to this Article, and shall determine the composition of the IUU List.
5. The Executive Secretary shall place the IUU List on the NAFO website. This list shall include the name and flag state of the vessel and, where available, the IMO number, the previous name (s), the previous flag state (s), the radio call sign.
6. The Secretariat shall transmit the IUU List and any relevant information regarding the List, including the reasons for listing or de-listing each vessel, to the Secretariats of the Commission for the Conservation of Antarctic Marine Living Resources (CCAMLR), the North East Atlantic Fisheries Commission (NEAFC) and the South East Atlantic Fisheries Organisation (SEAFO). The Secretariat shall also circulate the IUU List to other regional fisheries management organizations.
7. The Secretariat shall provide to relevant flag States the names of vessels on the IUU List flagged to that state.
8. Upon receipt of NEAFC’s IUU List and any relevant information regarding the list, the Secretariat shall circulate this information to the Contracting Parties. Notwithstanding paragraph 2, vessels that have been added to or deleted from the NEAFC IUU List that are flagged to non-Contracting Parties shall be incorporated into or deleted from the NAFO IUU List as appropriate, unless any Contracting Party objects within 30 days of the date of the transmittal by the Secretariat on the grounds that:
i. there is satisfactory information to establish that any of the requirements in paragraph 3 a)-d) have been met with regard to a vessel placed on the NEAFC IUU List, or
ii. there is satisfactory information to establish that none of the requirements in paragraph 3 a)-d) have been met with regard to a vessel taken off the NEAFC IUU List.
In the event of an objection to a NEAFC IUU-listed vessel being incorporated into or deleted from the NAFO IUU List, such vessel shall be placed on the Provisional List. Article 56 shall not apply to vessels placed on the Provisional List pursuant to this paragraph.
Article 58 - Follow-up actionContracting Parties shall take all necessary measures to the extent possible in accordance with their applicable legislation with regard to vessels on the IUU List, including:
a) prohibiting fishing vessels, support vessels, refueling vessels, the mother-ships and cargo vessels flying their flag to assist vessels on the IUU List in any way, engage in fish processing operations or participate in any transhipment or joint fishing operations with vessels on the IUU List;
b) prohibiting the supply of provisions, fuel or other services to vessels on the IUU List.
c) prohibiting the entry into their ports of such vessels, except in case of force majeure;
d) prohibiting the change of crew, except as required in relation to force majeure;
e) refusing authorization of such vessels to fish in waters under their national jurisdiction;
f) prohibiting the chartering of such vessels;
g) refusing to entitle such vessels to fly their flag;
h) prohibiting where traceable the imports of fish coming from such vessels;
i) prohibiting the landing of fish coming from such vessels;
j) encouraging importers, transporters and other sectors concerned, to refrain from negotiating and from transhipping of fish caught by such vessels;
k) collecting and exchanging any appropriate information regarding vessels appearing on the IUU List with other Contracting Parties, non-Contracting Parties and other Regional Fisheries Management Organizations with the aim of detecting, controlling and preventing false import/export certificates regarding fish from such vessels.
Article 59 - Actions vis-a-vis Flag States1. Contracting Parties shall jointly and/or individually request non-Contracting Parties whose vessels appear on the IUU List to co-operate fully with the Organization in order to avoid undermining the effectiveness of the Conservation and Enforcement Measures adopted pursuant to the Convention.
2. The General Council shall review, at subsequent annual meetings as appropriate, actions taken by such non-Contracting Parties and identify those that have not rectified their fishing activities.
3. Contracting Parties should - to the extent possible, consistent with their international obligations and in accordance with applicable legislation - restrict the export and transfer of their formerly licensed fishing vessels to non-Contracting Parties identified in paragraph 2.
