New Port State Measures at NAFO

The Northwest Atlantic Fisheries Organization (NAFO) adopted New Measures on Port State Control at the 30th annual NAFO meeting in Vigo, Spain, in September 2008.

Fishing vessels in port in Vigo, Spain.
Photo Credit: courtesy of  NAFO

The new rules came into effect January 1, 2009 and are designed to prevent vessels involved in illegal, unregulated and unreported (IUU) fishing from being able to offload their catches in the NAFO area. They are another tool used by NAFO to combat the destructive effects of IUU fishing.

The rules apply to landings or transshipments (the shipment of fish stocks to an intermediate destination, such as another vessel, prior to their final destination) in ports of NAFO Contracting Parties by fishing vessels flying the flag of another NAFO Contracting Party.* 
They cover fish caught in the NAFO Regulatory Area (NRA), or fish products made from fish caught in the NRA that have not been previously landed or offloaded at a port (fish processed at sea).

The basic principles of the Port State Measures are:

1. Designation of ports: The Port State (host country) decides which ports foreign fishing vessels can access for landing or transshipment and then provides the list to the NAFO Executive Secretary.
   
   
2. Prior notification. The master of an incoming vessel has to present prior notification to the port authorities of the vessel’s intention to arrive at the port for landing or transshipment.
   
   
3. Confirmation from the Flag State. The Flag State vessel must then confirm the legal status of its catch by answering yes or no to four questions provided on the Port State Control Form. The form is returned to the port State.
   
   
4. Authorization to land or transship. Authorization is given by the Port State if the Flag State has confirmed the legal status of the catch. Authorization will not be given unless this is confirmed. While exceptions can be made in some instances, generally catches cannot be released from storage before the Port State gives confirmation.
   
   
5. Transparency. The forms containing the prior notification, the confirmation and the authorization are posted to the members’ section of the NAFO website.

Port State Control Inspection procedures:

Trained inspectors then conduct comprehensive port inspections. The prior notification system gives inspectors time to prepare for the fishing vessels arrival in port.

• Inspections are conducted by authorized Contracting Party inspectors. Inspections involve monitoring the entire discharge or transshipment in port.

• Each inspection is documented using a standardized form and a completed copy is sent to the NAFO Executive Secretary.

To facilitate proper communication throughout the process, Contracting Parties assign a contact point for liaison between fishing vessels, ports and flag states.

The forms used are based on a well-functioning system, in place since 2007, developed by the North East Atlantic Fisheries Commission (NEAFC).

These new Port State Measures are reflected in Chapter V of the 2009 NAFO Conservation and Enforcement Measures and can be viewed and downloaded from the NAFO website. Pertinent sections from Chapter V include:

• Article 45 - Scope
• Article 46 - Duties of the Port State Contracting Party
• Article 47 - Duties of the Flag State Contracting Party
• Article 48 - Obligations of the Master of a Fishing Vessel
• Article 49 - Duties of the Executive Secretary
• Article 50 - Serious Infringements

For More Information:

• Port State Control Measures - Forms (NAFO website)
• Port State Control Measures – List of Designated Ports, Prior Notifications and Competent Authority(NAFO website)

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*Other NAFO Conservation and Enforcement Measures apply to foreign vessels that are not members of NAFO