Regulations amending the regulations relating to reporting and control when fishing in the territorial and internal waters of Svalbard

On 9 June, the Ministry of Fisheries and Coastal Affairs made the following regulations under section 4 of the Act of 17 July 1925 No. 11 relating to Svalbard, sections 1, 2, 4, 9 and 9a of the Act of 3 June 1983 No. 40 relating to sea-water fisheries, etc., and the Royal Decree of 28 April 1978 No. 20 relating to regulatory measures for fishing in the territorial and internal waters of Svalbard:

I

The following amendments are to be made to the Regulations of 17 March 2005 relating to reporting and control when fishing in the territorial and internal waters of Svalbard:

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

Regulations relating to reporting and control during fishing and hunting operations, etc., in the territorial and internal waters of Svalbard.

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

These regulations apply within the territorial and internal waters of 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) – i) 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 TERRITORIAL AND INTERNAL WATERS OF SVALBARD

Made by the Ministry of Fisheries and Coastal Affairs on 17 March 2005, under section 1 of the Regulations of 28 April 1978 No. 20 relating to regulatory measures for fishing in the territorial and internal waters of Svalbard.

Section 1 Scope

These regulations apply within the territorial and internal waters of 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 2The duty to report

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

Electronic reports shall be authenticated in a way that is approved by the Directorate of Fisheries and shall be numbered consecutively throughout the year.

a) Start of fishing report

Vessels intending to fish or hunt in the territorial or internal waters shall, at the earliest 24 hours and at the latest 12 hours prior to starting fishing operations, send a start of fishing report.

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 message

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

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

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

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

The Directorate of Fisheries may by regulations require reports when vessels that are in the territorial or internal waters 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 territorial or internal waters, 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 latest 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) 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 territorial or internal coastal waters.

i) Monthly catch report

The final catch report including the quantity caught by the individual vessel in the territorial or internal waters 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 3Catch 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 date 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 4Control, inspection, etc

Any vessel fishing in the territorial or internal waters of Svalbard 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 authority of the Coast Guard when exercising its control duties and the rights and duties of the person in command of a vessel vis-à-vis the Coast Guard ensue from the Act of 13 June 1997 No. 42 relating to the Norwegian Coast Guard.

Section 5Stowage requirements

The Directorate 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 6Drawings 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 6Penal measures

Any wilful or negligent contravention of provisions set out in or issued under these regulations, or complicity in such contravention, shall be subject to a penalty under the provisions of section 4, second paragraph, of the Act of 17 July 1925 relating to Svalbard.

Section 7Entry into force

These regulations enter into force on 1 May 2005, with the exception of section 2, litra g, which enters into force from the date determined by the Directorate of Fisheries.