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Additional procedures for serious infringements

1. Each of the following violations constitutes a serious infringement, within the meaning of Article 90 of Regulation (EC) No 1224/2009:

(a) fishing the ‘Others’ quota without prior notification to the Commission and EFCA in contravention of Article 5;

(b) fishing an ‘Others’ quota more than five working days following closure of the fishery in contravention of Article 5;

(c) directed fishing for a stock which is subject to a moratorium, or for which fishing is otherwise prohibited, in contravention of Article 6;

(d) directed fishing for stocks or species after the date of closure of the fishery by the flag Member State notified to the Commission, in contravention of Article 6;

(e) fishing in closed area, in contravention of Article 9(5) or Article 18;

(f) fishing with a bottom fishing gear in an area closed to bottom fishing activities, in contravention of Chapter III;

(g) fishing with an unauthorised mesh size, grid or grate bar spacing, or without the use of sorting grids or grates, in contravention of Article 13 or Article 14;

(h) fishing without a valid authorisation;

(i) mis-recording of catches in contravention of Article 25;

(j) failing to carry or interfering with the operation of the satellite monitoring system in contravention of Article 26;

(k) failure to communicate messages relating to catch in contravention of Article 12(1) or Article 25;

(l) obstructing, intimidating, interfering with or otherwise preventing inspectors or observers from performing their duties, or exerting any other form of indirect pressure;

(m) committing an infringement where there is no observer on board;

(n) concealing, tampering with or disposing of evidence relating to an investigation, including the breaking or tampering of seals or gaining access to sealed areas;

(o) presentation of falsified documents or providing false information to an inspector that would prevent a serious infringement from being detected;

(p) landing, transhipment or making use of other port services:

(i) in a port not designated in accordance with the provisions of Article 39(1); or (ii) without authorisation of the port State referred to in Article 39(6);

(q) failure to comply with the provisions of Article 41(1);

(r) failure to carry an observer, if this is required.

3. In the case of a serious infringement concerning a vessel flying its flag, the flag Member States shall:

(a) acknowledge receipt of the related information and images without delay;

(b) ensure the inspected vessel does not resume fishing until further notification;

(c) using all information and material available, review the case and, within 72 hours require the vessel to proceed immediately to a port for a full inspection under its authority, if any of the following serious infringements are apparent:

(i) directed fishing for a stock which is subject to a moratorium;

(ii) directed fishing for a stock for which fishing is prohibited under Article 6;

(iii) mis-recording of catch, in contravention of Article 25; or (iv) repetition of the same serious infringement during a 6-month period.

4. Where the serious infringement is misrecording of catch, the full inspection shall ensure the physical inspection and enumeration of total catch on board, by species and Division.

5. For the purposes of paragraphs 3 and 4, ‘misrecording of catches’ means a difference of at least 10 tonnes or 20 %, whichever is greater, between the inspectors’ estimates of processed catch on board, by species or in total, and the figures recorded in the production logbook, calculated as a percentage of the production logbook figures.

6. Subject to the consent of the flag Member State and of the port State Contracting Party if different, inspectors of another Contracting Party or Member State may participate in the full inspection and enumeration of the catch.

7. If point (c) of paragraph 3 does not apply, the flag Member State shall either:

(a) allow the vessel to resume fishing. In such a case, the flag Member State shall not later than two days following the notice of infringement provide written justification to the Commission on why the vessel has not been ordered to port. The commission shall transmit that justification to the NAFO Executive Secretary; or (b) require the vessel to proceed immediately to a port for a full physical inspection, under its authority.

2. Where citing a vessel for having committed a serious infringement, the inspector shall:

(a) take all measures necessary to ensure security and continuity of evidence, including, as appropriate, sealing the vessel's hold and/or fishing gear for further inspection;

(b) request that the master of the vessel cease all fishing activity that appears to constitute a serious infringement; and (c) immediately notify the inspector's competent authority, and transmit to it the information, and where possible images, within 24 hours. The competent authority receiving this information shall notify the flag State Contracting Party or Member State if different from the inspecting Member State in accordance with Article 34.

8. Where the flag Member State orders the inspected vessel to port, the inspectors may board or remain on board the vessel as it proceeds to port, provided that the flag Member State does not require the inspectors to leave the vessel.