Regulations amending the regulations relating to fishing and hunting operations by foreign nationals in the Fisheries Zone around Jan Mayen

On 9 June 2008, under sections 4 and 6 of the Act of 17 December 1976 relating to the Economic Zone of Norway, cf. sections 4 and 5 of the Royal Decree of 23 May 1980 concerning the establishment of a fisheries zone around Jan Mayen, the Ministry of Fisheries and Coastal Affairs made the following regulations:

I

The following amendments are to be made to the Regulations of 21 December 1999 relating to fishing and hunting operations by foreign nationals in the fisheries zone around Jan Mayen:

The title of the regulations (amended) shall read as follows:

Regulations relating to fishing and hunting operations, etc., by foreign nationals in the fisheries zone around Jan Mayen.

Section 1, first paragraph (amended), shall read as follows:

These regulations apply within fisheries zone around Jan Mayen, beyond 12 nautical miles from the baselines, to foreign vessels of any type that are to engage in commercial fishing and hunting operations, including transhipment. The regulations also apply to vessels assisting the fishing fleet, including transport vessels, search vessels and experimental fishing vessels. In the case of transhipment operations, the provision applies irrespective of which area the catch was taken in.

Section 2, second paragraph, is repealed.

Section 8, first paragraph, first sentence (amended), shall read as follows:

Any vessel such as is mentioned in section 1 shall send the reports described in a) – g) of this provision.

Section 8 c), second paragraph (amended), shall read as follows:

A donor vessel that is to off-load a catch shall send a transhipment report at the latest 24 hours before transhipment starts. The receiving vessel shall send a transhipment report immediately and at the latest one hour after each transhipment operation.

II

These regulations enter into immediately.

The amended regulations read as follows:

REGULATIONS RELATING TO FISHING AND HUNTING OPERATIONS, ETC., BY FOREIGN NATIONALS IN THE FISHERIES ZONE AROUND JAN MAYEN

On 21 December 1999, under sections 4 and 6 of the Act of 17 December 1976 No. 91 relating to the Economic Zone of Norway, cf. sections 4 and 5 of the Royal Decree of 23 May 1980 No. 4 concerning the establishment of a fisheries zone around Jan Mayen, and section 24, fourth paragraph, and section 28, third paragraph, of the Public Administration Act of 10 February 1967, cf. Royal Decree of 16 December 1977 No. 9 II, the Ministry of Fisheries made the following regulations:.

Section 1 Scope

These regulations apply within fisheries zone around Jan Mayen, beyond 12 nautical miles from the baselines, to foreign vessels of any type that are to engage in commercial fishing and hunting operations, including transhipment. The regulations also apply to vessels assisting the fishing fleet, including transport vessels, search vessels and experimental fishing vessels. In the case of transhipment operations, the provision applies irrespective of which area the catch was taken in.

Section 2 Definitions

The term "foreign vessel" here means a vessel that is not Norwegian, cf. section 1 of the Maritime Act of 24 June 1994 No. 39.

Section 3 Exemption

The first paragraph of section 5 of the Act of 17 June 1966 No. 19 relating to a prohibition against fishing etc by foreign nationals in Norway's territorial waters does not apply to vessels holding a fishing licence.

Section 4 Fishing licences

Foreign fishing vessels may not engage in fishing and hunting operations in the fisheries zone around Jan Mayen without a licence from the Directorate of Fisheries.

Licences shall be granted to as many vessels from each country and on such terms that the vessels, on the basis of their calculated catch effort, will be enabled to fish the particular country's allotted quota.

In a fishing licence, conditions may be laid down for fishing operations, including vessel quotas, catch areas, use of gear, the period of validity for licences and the species of fish covered by the licence.

A licence applies to one specific vessel and is not transferable. If practical reasons so require, a licence may be issued for a specific category of vessels.

The licence shall be kept on board during the fishing operations unless otherwise prescribed. The licence shall be shown to the Norwegian authorities upon request.

Section 5 Applications for fishing licences

Applications for fishing licences shall be submitted to the Directorate of Fisheries, Bergen, together with a fishing plan, well in advance of the commencement of fishing operations and in the manner prescribed for each country. In the absence of any special rules, an application shall be submitted for each individual vessel.

An application for a fishing licence shall be made on the form prescribed by the Director General of Fisheries.

Section 6 Conditions for refusing or withdrawing fishing licences

Even if other requirements are satisfied, the licence may be refused if, in areas under Norwegian fishery jurisdiction, the vessel's owner, master or crew have contravened the provisions relating to fishing and hunting operations or the conditions prescribed in a licence granted, or if the vessel has been used in connection with such contravention. The same applies if the vessel or the vessel’s owner has taken part in fishing outside quota arrangements in international waters for a stock that is subject to regulation in waters under Norwegian jurisdiction or taken part in fishing operations that contravene regulatory measures laid down by regional or subregional fisheries management organizations or arrangements.

A licence that has been granted may be withdrawn at any time on the same grounds as set out in the preceding paragraphs.

A licence lapses when the particular country's fishing quota has been taken.

Section 7 Limitations to the right of appeal

Decisions made under sections 4 and 6 are not subject to the rules of the Public Administration Act concerning the duty to give grounds for decisions, and such decisions may not be appealed.

Section 8 Reporting

Any vessel such as is mentioned in section 1 shall send the reports described in a) – g) of this provision. The reports shall be sent to the Directorate of Fisheries.

Such reports may be communicated electronically via the flag state’s ground station or by telefax to the Directorate of Fisheries.

a) Start of fishing report

A start of fishing report shall be sent at the earliest 12 hours and at the latest six hours prior to entering the zone.

The report shall contain the following information:

1 Mandatory for electronic messages

b) Catch report

A catch report shall be sent whenever a vessel starts fishing in a different ICES area, and otherwise at weekly intervals, at the end of every seventh day after starting fishing operations.

The report shall contain the following information:

1 Mandatory for electronic messages

2 Optional if a vessel is subject to satellite tracking

c) Transhipment report

It is permitted to tranship catches to vessels from member states of the EU, Russia, the Faroe Islands, Greenland and Iceland, and vessels from states that have been granted the status of co-operating non-Contracting Parties by NEAFC.

A donor vessel that is to off-load a catch shall send a transhipment report at the latest 24 hours before transhipment starts. The receiving vessel shall send a transhipment report immediately and at the latest one hour after each transhipment operation.

The report shall contain the following information:

1 Mandatory for electronic messages

2 Whichever is appropriate

3 Optional for reports sent by the receiving vessel after the transhipment.

d) Port of landing report

Any vessel that has received a catch from another vessel shall at the latest 24 hours before the catch is landed send a port of landing report.

The report shall contain the following information:

1 Mandatory for electronic messages

2 Optional if a vessel is subject to satellite tracking

e) End of fishing report

An end of fishing report shall be sent at the earliest six hours and at the latest four hours before the vessel leaves the zone.

The report shall contain the following information:

1 Mandatory for electronic messages

2 Optional if a vessel is subject to satellite tracking

3 Mandatory if the catch is to be landed at a port that is not Norwegian or Russian.

f) Implementation

If reports are to be communicated electronically, the master of the vessel has a duty before starting fishing operations to ensure that the reporting system is functioning satisfactorily.

Each electronic transmission of a report will automatically be confirmed by a return message (code RET) from the Directorate of Fisheries. If the message is received without errors, the return message will have the return status ACK; if not, it will have the return status NAK.

If no return message is sent to confirm a report, the report must be sent again, if necessary by telefax.

If reports are communicated electronically, the name and registration number of the vessel shall not be stated in the reports.

g) Auxiliary vessels

Any vessel assisting the fishing fleet shall send start of fishing and end of fishing reports to the Directorate of Fisheries in accordance with litrae a and e.

h) Passage

Vessels that have been allocated licences for fishing and hunting in the zone and that are passing through the zone without engaging in fishing operations are exempt from the duty to send start of fishing and end of fishing reports to the Directorate of Fisheries.

Section 9 Catch logbook

Fishing vessels shall keep a catch logbook. The catch logbook shall be bound and shall have numbered pages.

The catch logbook shall be kept up to date and shall contain information as to the type of gear and the material of which such gear is made. Furthermore, the catch logbook shall contain information as to the date and time at the beginning of each individual haul/tow/cast, and the position expressed as latitude and longitude (degrees and minutes) at the beginning and end of each individual haul/tow/cast, and its duration. The catch logbook shall also include information on the catch for each individual haul/tow/cast, the total catch per day and since the commencement of fishing, deliveries of catches to other vessels and catches received for processing or transport, all expressed as kilograms live weight and specified by species.

The catch for each individual haul/tow/cast shall be entered in the catch logbook at the latest before the next haul/tow/cast is brought on board.

It is permitted to correct the catch estimate after the last haul/cast of the day. Such correction must be made before the first haul/cast on the next day is recorded, and before any end of fishing report is sent.

Information on the time and, if appropriate, radio station for the reports sent to the Directorate of Fisheries under section 8 shall be entered in the catch logbook on the appropriate days.

A fishing vessel shall carry on board catch logbooks covering the previous 12-month period if the vessel has engaged in fishing operations in areas under Norwegian jurisdiction during this period.

The catch logbook shall be shown upon request to the Norwegian authorities and it may be required that it be submitted to the Directorate of Fisheries.

Section 10 Drawings of cargo holds, RSW tanks, stowage

The Director General of Fisheries may by regulations require vessels to carry on board drawings/descriptions of holds/bins/RSW tanks for fish and fish products, and a plan showing how the fish and fish products on board are stowed.

The Director General of Fisheries may by regulations make provisions relating to how each fish species and various products of the same fish species are to be stowed on the vessel.

Section 11 Control and inspection, etc

Any vessel fishing in the zone shall fly its national flag and be marked in a clearly visible manner.

The person in command has a duty to ensure that the vessel is equipped with a suitable ladder whereby inspectors may come on board. The Director General of Fisheries may make further regulations relating to the design of such ladders.

Section 12 Carrying regulations on board the vessel

A copy of the fishery regulations in force at any given time applicable to the fisheries zone around Jan Mayen shall be kept on board the vessel.

Section 13 Delegation

The Directorate of Fisheries may by regulations make provisions supplementing these regulations.

Section 14 Penal measures and confiscation

Any wilful or negligent contravention of provisions set out in or issued under these regulations shall be subject to a penalty and confiscation under sections 8 and 9 of the Act of 17 December 1976 relating to the Economic Zone of Norway. Complicity or an attempt to contravene the said provisions is subject to the same penalty.

Section 15 Entry into force

These regulations enter into force immediately. From the same date, the regulations of 23 December 1980 No. 1 relating to fishing and hunting operations by foreign nationals in the fisheries zone around Jan Mayen are repealed.