Changes from plenary report to adopted text

Added(a) the relationship between fisheries science and fisheries management, and the importance of data collection in this context;

RemovedRegulation (EU) 2018/975

Added(b) the relevant provisions of the SPRFMO Convention, this Regulation, and SPRFMO conservation and management measures (hereinafter “SPRFMO CMMsˮ) relevant to the functions and duties of observers;

RemovedArticle 2 – paragraph 1 – point 18, Article 35c – paragraph 1 – point l: (l) assaulting, resisting, intimidating, sexually harassing, interfering with, or unduly obstructing or delaying an authorised inspector or observer; and

Added(c) the importance of observer programmes, including understanding the duties, rights, authority and responsibilities of observers;

RemovedRegulation (EU) 2018/975

Added(d) safety at sea, including emergencies at sea, donning immersion suits, the use of safety equipment, the use of radios, survival at sea, and the management of conflicts, and cold-water survival;

RemovedArticle 2 – paragraph 1 – point 18, Article 35c – paragraph 2 – point a: (a) investigate and, if the evidence warrants, take enforcement action against the vessel in question and notify the Commission, or the body designated by it, accordingly, which shall notify the authorities of the inspection vessel and the SPRFMO Secretariat; or

Added(e) first aid training, appropriate to working at-sea or in remote situations;

RemovedRegulation (EU) 2018/975

Added(f) species identification and record of species encountered at sea, including target and non-target species, protected species, seabirds, marine mammals, sea turtles and invertebrates indicating the presence of VMEs;

RemovedArticle 2 – paragraph 1 – point 18, Article 35c – paragraph 2 – point b: (b) authorise the authorities of the inspection vessel to undertake the investigation of the alleged serious infringement and to notify the Commission, or the body designated by it, accordingly, which shall notify the SPRFMO Secretariat.

Added(g) knowledge of the different types and functioning of bycatch mitigation devices required by SPRFMO CMMs;

RemovedRegulation (EU) 2018/975

Added(h) safe handling protocols to rehabilitate and release seabirds, marine mammals and sea turtles;

RemovedArticle 2 – paragraph 1 – point 18, Article 35c – paragraph 3: 3. Flag Member States shall regard any interference with the carrying out of duties of an observer, an authorised inspector or an authorised inspection vessel by fishing vessels flying their flag, or the captains and crew of such vessels, in the same manner as any such interference occurring within their exclusive jurisdiction.

Added(i) fishing vessel and fishing gear types relevant to SPRFMO;

RemovedRegulation (EU) 2018/975

Added(j) techniques and procedures for estimating catch and species composition;

RemovedArticle 2 – paragraph 1 – point 19, Article 35d – paragraph 1: 1. Fishing vessels shall be prohibited from discharging into the sea all plastics, including but not limited to synthetic ropes, synthetic fishing nets, plastic garbage bags and incinerator ashes from plastic products.

Added(k) the use and maintenance of sampling equipment, including scales and callipers;

RemovedRegulation (EU) 2018/975

Added(l) sampling methodologies at sea, namely fish sampling, fish sexing, measuring and weighing techniques, specimen collection and storage, and sampling methodologies;

RemovedArticle 2 – paragraph 1 – point 19, Article 35d – paragraph 2: 2. Fishing vessels shall store all plastics on board the vessel until they can be discharged at adequate port reception facilities

Added(m) an understanding of potential biases in sampling, how they arise and how they could be avoided;

RemovedRegulation (EU) 2018/975

Added(n) the preservation of samples for analysis;

RemovedArticle 2 – paragraph 1 – point 19, Article 35e – paragraph 1 – introductory part: 1. Masters of fishing vessels shall ensure that:

Added(o) data collection codes and data collection formats;

RemovedRegulation (EU) 2018/975

Added(p) familiarity with catch logbooks and recordkeeping requirements, to aid observers’ collection of data as required under SPRFMO CMMs;

RemovedArticle 2 – paragraph 1 – point 19, Article 35e – paragraph 1 – point a: (a) all reasonable efforts are made to combat, minimise and eliminate abandoned, lost or otherwise discarded fishing gear linked to those vessels;

Added(q) the use of digital recorders or electronic notebooks;

RemovedRegulation (EU) 2018/975

Added(r) electronic equipment used for observer work and understanding its operation;

RemovedArticle 2 – paragraph 1 – point 19, Article 35e – paragraph 1 – point b: (b) fishing gear is not deliberately discarded or abandoned, except for safety reasons, notably in a situation of distress or life in danger;

Added(s) the use of electronic monitoring systems as a complement to observers’ work, when applicable;

RemovedRegulation (EU) 2018/975

Added(t) verbal debriefing and report writing;

RemovedArticle 2 – paragraph 1 – point 19, Article 35e – paragraph 1 – point c: (c) as soon as possible, every reasonable attempt to retrieve lost fishing gear is made before abandoning it;

Added(u) training on relevant aspects of the International Convention for the Prevention of Pollution from Ships (MARPOL).

RemovedRegulation (EU) 2018/975

Added2. Member States shall ensure that their observer programmes or service providers provide ongoing refresher training relevant to the qualification requirements. Relevant updates to SPRFMO CMMs and observer requirements shall be communicated to observers before each deployment as part of the briefing process, for example in an updated manual.

RemovedArticle 2 – paragraph 1 – point 19, Article 35e – paragraph 1 – point d: (d) there is equipment on board, where possible, to retrieve any abandoned, lost or otherwise discarded fishing gear linked to those vessels;

AddedArticle 28f Observer trainers

RemovedRegulation (EU) 2018/975

AddedMember States shall ensure that observer trainers in their observer programmes or deployed by service providers have the appropriate skills and have been authorised by that programme or service provider to train observers.

RemovedArticle 2 – paragraph 1 – point 19, Article 35e – paragraph 1 – point e: (e) when abandoned, lost or otherwise discarded fishing gear of that vessel cannot be retrieved, the flag Member State is notified within 48 hours of the following:

AddedArticle 28g Briefing and debriefing

RemovedRegulation (EU) 2018/975

Added1. Member States shall ensure that there are systems in place in their observer programmes or service providers for briefing and debriefing observers and for communicating at any time with vessel masters.

RemovedArticle 2 – paragraph 1 – point 19, Article 35e – paragraph 1 – point f – introductory part: (f) when abandoned, lost or otherwise discarded fishing gear not linked to that vessel is retrieved, the flag Member State is notified within 48 hours of the following:

Added2. The briefing and debriefing process shall be conducted by properly trained personnel and shall ensure that observers and vessel masters clearly understand their respective roles and duties.

RemovedRegulation (EU) 2018/975

AddedArticle 28h Data validation process

RemovedArticle 2 – paragraph 1 – point 19, Article 35e – paragraph 2: 2. Member States shall promptly transmit the information received under paragraph 1, points (e) and (f), to the Commission, or the body designated by it. The Commission, or the body designated by it, shall forward that information promptly to the SPRFMO Secretariat.

Added1. Member States shall ensure that their observer programmes or service providers have in place an observer data validation process.

RemovedRegulation (EU) 2018/975

Added2. The data validation process shall be conducted by properly trained personnel and shall ensure that data and information collected by an observer are checked for discrepancies or inaccuracies, and that discrepancies or inaccuracies are corrected before the information is entered into a database or used for analysis. This includes ensuring that the Member State observer programme or service provider has in place a mechanism to receive data, reports and any other relevant information from an observer in a way that prevents interference in those data from other sources.

RemovedArticle 2 – paragraph 1 – point 20, Article 40 – paragraph 1: 1. Member States shall designate a point of contact for the purpose of receiving inspection reports from other Member States, Contracting Parties, fishing entities, and CNCPs.