Source:
Status: Active
Effective From
Requirement to provide Full Report on HSBI and as appropriate notify if a serious violation was observed
Full Text
INSPECTION REPORTS
30. Authorized inspectors shall prepare a full report on each boarding and inspection they carry out pursuant to these procedures in accordance with a format that may be specified by the Commission. The authorities of the inspection vessel from which the boarding and inspection was carried out shall transmit a copy of the boarding and inspection report to the authorities of the fishing vessel being inspected, as well as the Commission, within 3 (three) full working days of the completion of the boarding and inspection. Where it is not possible for the authorities of the inspection vessel to provide such report to the authorities of the fishing vessel within this timeframe, the authorities of the inspection vessel shall inform the authorities of the fishing vessel and shall specify the time period within which the report will be provided.
SERIOUS VIOLATIONS
32. In the case of any boarding and inspection of a fishing vessel during which the authorized inspectors observe an activity or condition that would constitute a serious violation, as defined in paragraph 37, the authorities of the inspection vessels shall immediately notify the authorities of the fishing vessel, directly as well as through the Commission.
37. For the purposes of these procedures, a serious violation means the following violations of the provisions of the Convention or conservation and management measures adopted by the Commission
a. fishing without a license, permit or authorization issued by the flag Member, in accordance with Article 24 of the Convention;
b. failure to maintain sufficient records of catch and catch-related data in accordance with the Commission’s reporting requirements or significant misreporting of such catch and/or catch-related data;
c. fishing in a closed area;
d. fishing during a closed season;
e. intentional taking or retention of species in contravention of any applicable conservation and management measure adopted by the Commission;
f. significant violation of catch limits or quotas in force pursuant to the Convention;
g. using prohibited fishing gear;
h. falsifying or intentionally concealing the markings, identity or registration of a fishing vessel;
i. concealing, tampering with or disposing of evidence relating to investigation of a violation;
j. multiple violations which taken together constitute a serious disregard of measures in force pursuant to the Commission;
k. refusal to accept a boarding and inspection, other than as provided in paragraphs 26 and 27;
l. assault, resist, intimidate, sexually harass, interfere with, or unduly obstruct or delay an authorized inspector; and
m. intentionally tampering with or disabling the vessel monitoring system;
n. such other violations as may be determined by the Commission, once these are included and circulated in a revised version of these procedures.
30. Authorized inspectors shall prepare a full report on each boarding and inspection they carry out pursuant to these procedures in accordance with a format that may be specified by the Commission. The authorities of the inspection vessel from which the boarding and inspection was carried out shall transmit a copy of the boarding and inspection report to the authorities of the fishing vessel being inspected, as well as the Commission, within 3 (three) full working days of the completion of the boarding and inspection. Where it is not possible for the authorities of the inspection vessel to provide such report to the authorities of the fishing vessel within this timeframe, the authorities of the inspection vessel shall inform the authorities of the fishing vessel and shall specify the time period within which the report will be provided.
SERIOUS VIOLATIONS
32. In the case of any boarding and inspection of a fishing vessel during which the authorized inspectors observe an activity or condition that would constitute a serious violation, as defined in paragraph 37, the authorities of the inspection vessels shall immediately notify the authorities of the fishing vessel, directly as well as through the Commission.
37. For the purposes of these procedures, a serious violation means the following violations of the provisions of the Convention or conservation and management measures adopted by the Commission
a. fishing without a license, permit or authorization issued by the flag Member, in accordance with Article 24 of the Convention;
b. failure to maintain sufficient records of catch and catch-related data in accordance with the Commission’s reporting requirements or significant misreporting of such catch and/or catch-related data;
c. fishing in a closed area;
d. fishing during a closed season;
e. intentional taking or retention of species in contravention of any applicable conservation and management measure adopted by the Commission;
f. significant violation of catch limits or quotas in force pursuant to the Convention;
g. using prohibited fishing gear;
h. falsifying or intentionally concealing the markings, identity or registration of a fishing vessel;
i. concealing, tampering with or disposing of evidence relating to investigation of a violation;
j. multiple violations which taken together constitute a serious disregard of measures in force pursuant to the Commission;
k. refusal to accept a boarding and inspection, other than as provided in paragraphs 26 and 27;
l. assault, resist, intimidate, sexually harass, interfere with, or unduly obstruct or delay an authorized inspector; and
m. intentionally tampering with or disabling the vessel monitoring system;
n. such other violations as may be determined by the Commission, once these are included and circulated in a revised version of these procedures.
Theme
Inspection activity related requirement
Sub Theme
HSBI
Category / CMR Section
Report Deadline
Report
Implementation
CCM limits not applicable for this obligation