REUTER - 14/3/95

By Robert Kozak

OTTAWA Canada stepped up its war of words in the deepening fishing row with Europe by alleging that a seized Spanish fishing trawler maintained two sets of logs to cover up its overfishing.

"There are two distinct captain's logs, two sets of books, and one doesn't square with the other," Fisheries Minister Brian Tobin told reporters on Tuesday.

Canada said one set of books appears to be aimed at authorities in the international fisheries management group, the Northwest Atlantic Fisheries Organisation, while the other was the captain's private log.

The allegations come as the tension between the EU and Canada heightened as Canadian gunboats and aircraft patrolled a disputed North Atlantic fishing area and Spanish trawlers resumed fishing in international waters in what Canada's fisheries minister called a "provocative" manner.

"I know there is some fishing activity in the area, just beyond the nose of the Grand Banks. But clearly they are being somewhat provocative," Tobin told reporters, referring to the rich fishing grounds off Canada's east coast.

The allegations of two sets of books come one day after Canada said that 80 percent of the seized trawler's cargo contained undersize, immature Greenland halibut, also known as turbot. EU officials said there are no international regulations for turbot.

The dispute flared after a Canadian patrol boat seized a Spanish fishing trawler last Thursday for alleged overfishing.

In Madrid, a Spanish fishing boat captain said 14 trawlers had resumed fishing in disputed international waters on Tuesday, despite fears by crew members that the Canadians would attempt to capture their boats.

Jose Rodriguez, captain of the "Freidemar I," told the state news agency Efe that the fishing fleet was counting on government and European support.

In St John's, Newfoundland, the lawyer for the captain of the Spanish fishing vessel seized by Canadian gunboats in international waters said Tuesday he plans to take the case to the International Court of Justice in the Hague.

The captain, Enrique Davila Gonzalez, appeared briefly in a Newfoundland court Tuesday on charges of illegal fishing and three counts of obstructing justice after he was caught fishing just outside Canada's 200 mile (321 km) limit.

Gonzalez, 38, who had been free on Canadian $8,000 (US$5,650) bail, can now leave the country and does not have to appear personally at the next hearing.

The Spanish vessel, the Estai, remains under Canadian control. The Canadian government and European Union are negotiating terms for its release, said John Sinnott, lawyer for Gonzalez and the vessel's owners.

Canada said Spanish authorities have refused to post a bond that would allow the vessel to leave.

In retaliation for the seizure, Spain said it would now require visas for Canadian tourists.

A Spanish Foreign Ministry spokesman said in Madrid that legal steps to reintroduce visa requirements for Canadians, which had long been lifted, would take at least three or four days to complete.

The Galician trawler, the Estai, was seized by Canadian gunboats after a five hour chase while it was fishing for Greenland halibut, or turbot, in international waters and taken to port in St John's.

Canada has passed a law allowing it to seize ships in international waters if it believes they are overfishing, but several nations say they do not recognise its jurisdiction in international waters.

The environmental group Greenpeace on Tuesday blamed both Canada and the EU for the overfishing, saying their actions have brought turbot stocks to catastrophic lows.

The European Union said again on Tuesday it was prepared to open talks with Canada in their fish war if the detained Spanish trawler and its crew are released.

Diplomatic relations between the EU and Canada have worsened considerably since the seizure. Spanish Foreign Minister Javier Solana has said it could ultimately lead to a break in diplomatic ties between Madrid and Ottawa if Canada refuses to release the Estai without conditions.

A regularly scheduled high level meeting between Canadian and EU officials in Paris was cancelled this week by the EU, which has frozen all formal contacts with Canada. Canadian officials called that "regrettable."

Solana said Madrid could send more warships to protect its fleet off eastern Canada. Canada's navy has replaced the ageing destroyer Terra Nova off the coast of Newfoundland with the much larger and newer frigate, the Halifax.