Regulations amending the regulations relating to regulatory measures for fishing in the Fisheries Protection Zone around Svalbard

On 9 June 2008, under section 3 of the Regulations of 3 June 1977 relating to the fisheries protection zone around Svalbard, the Ministry of Fisheries and Coastal Affairs made the following regulations:

I

The following amendments are to be made to the Regulations of 21 September 1994 relating to regulatory measures for fishing in the fisheries protection zone around Svalbard, made by the Ministry of Fisheries:

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

Regulations of 21 September 1994 relating to reporting and control during fishing and hunting operations, etc., in the fisheries protection zone around Svalbard.

Section 1 (amended) shall read as follows:

These regulations apply within the fisheries protection zone around Svalbard 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, 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) – j) of this provision.

Section 2 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 force immediately.

The amended regulations read as follows:

REGULATIONS RELATING TO REPORTING AND CONTROL DURING FISHING AND HUNTING OPERATIONS, ETC., IN THE FISHERIES PROTECTION ZONE AROUND SVALBARD

On 21 September 1994, under sections 4 and 6 of the Act of 17 December 1976 relating to the Economic Zone of Norway, cf section 3 of the Regulations of 3 June 1977 relating to a fisheries protection zone around Svalbard, the Ministry of Fisheries made the following regulations:.

Section 1 Scope

These regulations apply within the fisheries protection zone around Svalbard 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 The duty to report

Any vessel such as is mentioned in section 1 shall send the reports described in a) – j) 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

Vessels intending to fish or hunt in the fisheries protection zone around Svalbard shall, at the earliest 24 hours and at the latest 12 hours prior to starting fishing operations in the zone, send a start of fishing report.

Vessels that enter the zone from the Economic Zone of Norway and have been engaged in fishing operations there may, without regard to the time limits specified in the first paragraph above, start fishing operations as soon as a start of fishing report has been sent.

The report shall contain the following information:

1 Mandatory for electronic messages from Norwegian vessels

The Director General of Fisheries may by regulations prescribe that the report shall include information on the fishery in which the vessel is to participate.

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 message from Norwegian vessels

2 Optional if a vessel is subject to satellite tracking

The Directorate of Fisheries may by regulations prescribe that catches shall be specified according to statistical areas laid down by the Directorate of Fisheries.

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 from Norwegian vessels

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 from Norwegian vessels

2 Optional if a vessel is subject to satellite tracking

e) End of fishing report

When fishing in the zone is discontinued, and at the latest on leaving the zone, an end of fishing report shall be sent.

The report shall contain the following information:

1 Mandatory for electronic messages from Norwegian vessels

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

The Directorate of Fisheries may by regulations require reports when vessels that are in the zone cross the boundaries between statistical areas prescribed by the Directorate of Fisheries.

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) Reporting for control1

When a vessel discontinues fishing operations in the zone, it shall report for control at one of the prescribed control points. A report to this effect shall be sent to the instance prescribed by the Directorate of Fisheries at the lates 24 hours before arrival at the control point. Such reports shall contain information on the name of the vessel, its registration number, its radio call signal and the time of arrival at the control point.

The Directorate of Fisheries may by regulations make further provisions relating to the location of the control points and on the duty to report.

1 This provision will enter into force from the date prescribed by the Directorate of Fisheries.

h) Temporary exit from the zone

A vessel that leaves the zone temporarily for a period of less than 24 hours shall send a normal end of fishing report. When the vessel resumes fishing operations within the zone, a new start of fishing report shall be sent, but the vessel may begin fishing operations without regard to the time limits specified in litra a) above.

i) Auxiliary vessels

Any vessel assisting the fishing fleet shall send a start of fishing or end of fishing report to the Directorate of Fisheries each time it enters or leaves the zone.

j) Monthly catch report

The final catch report including the quantity caught by the individual vessel in the zone in the course of a month shall be submitted via the fisheries authorities in the country in question to the Directorate of Fisheries no later than the end of the following month. Such reports shall contain information on the quantities of the different species of fish in kilograms live weight delivered by the individual vessel, specified according to ICES statistical areas.

Section 3 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 2 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 4 Control, inspection, etc

Any vessel fishing in the zone shall fly its national flag and be marked in a manner that enables it to be readily identified in accordance with international standards such as the FAO Standard Specification for the Marking and Identification of Fishing Vessels.

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 Directorate of Fisheries may make further regulations relating to the design of such ladders.

The Directorate of Fisheries may make regulations requiring 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.

Section 5 Stowage requirements

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 6 Drawings of cargo holds

Vessels of a total length of more than 24 metres shall carry on board updated drawings or descriptions of cargo holds and other storage rooms for fish and fish products. For vessels that are fishing in the Northwest Atlantic Ocean (NAFO area) or in EU waters, this requirement applies to vessels of a total length of more than 17 metres.

The drawings or descriptions mentioned in the first paragraph must specify the gross storage capacity of each room in cubic metres. If a room is further subdivided, the subdivisions shall be specified in the same way.

For Norwegian vessels, the documents mentioned in the first paragraph shall be controlled by the Norwegian Maritime Directorate or another body approved to carry out such controls.

For foreign vessels, the documents mentioned in the first paragraph shall be approved by a competent authority in the state where the vessel is registered.

Such drawings or descriptions as are mentioned in the first paragraph shall be submitted to the control authorities on request.

Section 7 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 No. 91 relating to the Economic Zone of Norway. Complicity or an attempt to contravene the said provisions is subject to the same penalty.

Section 8 Entry into force

These regulations enter into force immediately, with the exception of section 2, litra g, which enters into force from the date determined by the Directorate of Fisheries.