Regulation (EU) 2023/2857 of the European Parliament and of the Council of 13 December 2023 amending Regulation (EU) 2019/833 laying down conservation and enforcement measures applicable in the Regulatory Area of the Northwest Atlantic Fisheries Organisation

‘2 The flag Member State shall: (a) by electronic transmission in the format prescribed in Annex II.C to the CEM referred to in point 5 of the Annex to this Regulation, and prior to the commencement of the research, notify the Commission of all research vessels entitled to fly its flag that are authorised by it to conduct research activities in the Regulatory Area; (b) provide the Commission with a research plan for all vessels entitled to fly its flag that are authorised by it to conduct research activities in the Regulatory Area, no later than 40 days prior to the opening of the June meeting of the NAFO Scientific Council, in the cases of non-recurrent new surveys and research activities and where catches retained on board during research activities are intended for marketing and, in other cases, no later than 10 days prior to the commencement of the research; (c) ensure that a research plan of surveys conducted in the Regulatory Area targeting stocks subject to fishing opportunities contains as a minimum the following information: (i) vessel identification; (ii) purpose; (iii) summary of scientific methods or procedures; (iv) location and dates of the research activity; (v) the name of the principal investigator; (vi) whether any catches retained on board will be marketed; (vii) total estimated research catch of the survey target species and whether an observer with sufficient scientific expertise will be on board; (viii) information on when the research results will be presented to the NAFO Scientific Council; (ix) where relevant, any requests to derogate from this point; and (x) where relevant, an indication that the activity constitutes a non-recurrent new survey or research; and (d) notify the Commission immediately of the commencement and termination of research activities by vessels temporarily engaged in research, including during fishing trips in which both commercial and research activities take place.

3 Vessels engaged in research shall: (a) keep on board a copy of the research plan and any changes thereto, in the English language, at all times; and (b) for surveys conducted in the Regulatory Area targeting stocks subject to fishing opportunities, stow catches taken in research activities separately with netting, plywood, boxes or other means from all other catches taken in fishing trips in which both commercial and research activities are carried out; the location of the catches taken in research activities shall be indicated in the stowage plan.

4 Unless otherwise supported by an opinion of the NAFO Scientific Council, research vessels conducting surveys in the Regulatory Area targeting stocks subject to fishing opportunities and retaining on board catches obtained during such research activities with the purpose of marketing those catches shall: (a) comply with the recording and reporting requirements laid down in Chapter V; (b) have an observer with sufficient expertise on board; and (c) count those catches against the Member State’s relevant quota and fishing effort limitations set out in fishing opportunities.

5 Unless otherwise provided for in this Regulation, research vessels shall not be restricted by CEM pertaining to the catching of fish in the Regulatory Area, in particular concerning mesh size, size limits, closed areas and seasons.

6 The Commission shall forward the information notified by flag Member States in accordance with paragraph 2 to the NAFO Executive Secretary without delay.’

‘5 Upon its first entrance into a Division on a fishing trip, a vessel may undertake one trial tow for up to a maximum duration of three hours. If the stocks subjected to by-catch limits form the largest percentage, by weight, of the total resultant catch in the haul, this shall not be considered as a directed fishery for those stocks, and the vessel shall immediately change position in accordance with paragraph 1, point (b). Vessels shall identify any trial tow conducted in accordance with this paragraph and shall record in the fishing logbook the coordinates pertaining to the start and end locations of any trial tow conducted.’

‘9 It shall be prohibited to conduct a directed fishery for retaining, transshipping or landing part or whole of a Greenland shark (Somniosus microcephalus) in the Regulatory Area.’

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.