Conservation of certain stocks of migratory fish

SUMMARY OF:

Regulation (EC) No 1936/2001 — control measures applicable to fishing for certain stocks of highly migratory fish

WHAT IS THE AIM OF THE REGULATION?

It aims to specify the control and inspection measures that apply to fishing for certain highly migratory fish and mammals listed in Annex I of the regulation. The main species concerned are:

tuna;
swordfish;
sharks;
whales; and
porpoises.

KEY POINTS

The regulation applies to fishing vessels flying the flag of EU countries and registered in the EU, operating in one of the following marine zones:

Zone 1: all waters of the Atlantic Ocean and adjacent seas included in the area covered by the International Convention for the Conservation of Atlantic Tunas (ICCAT Convention)*. This Convention enabled the creation of a fisheries organisation which the EU joined in 1997: the International Commission for the Conservation of Atlantic Tunas (ICCAT);
Zone 2: all Indian Ocean waters covered by the Indian Ocean Tuna Commission (IOTC)*;
Zone 3: all eastern Pacific Ocean waters including the zone defined in the agreement on the International Dolphin Conservation Programme.

CONTROL AND INSPECTION MEASURES APPLICABLE IN ZONE 1

Regulation (EC) No 1936/2001 has been amended several times, most recently by Regulation (EU) 2017/2107. The 2017 regulation repealed parts of Regulation (EC) No 1936/2001 to take account of various changes adopted in ICCAT recommendations since 2008.

Fattening of bluefin tuna

A register of bluefin tuna fattening* farms was introduced in 2004. An EU country has to notify the European Commission of the fattening farms under its jurisdiction which it authorises to carry out fattening of bluefin tuna caught in the ICCAT Convention area. Unregistered fattening farms may not carry out fattening of bluefin tuna caught in the Convention area.

Where bluefin tuna are transferred for fattening from an EU fishing vessel to a transport vessel, the masters of the two vessels are required to enter certain data in their respective logbooks (the quantities of bluefin tuna transferred, the catch zone, the date and position where the transfer took place, etc.).

EU countries must:

register the quantities of bluefin tuna put into cages by vessels flying their flag;
notify the Commission of data relating to the quantities of bluefin tuna caught and caged by vessels flying their flag, and exports and imports of bluefin tuna caught and intended for fattening;
ensure that bluefin tuna fattening farms under their jurisdiction submit a caging declaration to their competent authority and are listed on the register;
ensure that fattening farms submit to them each year a marketing declaration for the bluefin tuna fattened and, on the basis of this information, then inform the Commission of the quantities of bluefin tuna caged and the quantities marketed during the previous year.

CONTROL AND INSPECTION MEASURES APPLICABLE IN ZONE 2

Each EU country must:
- ensure that vessels flying its flag respect the measures applicable in the zone;
- send to the Commission the list of vessels of more than 24 metres overall length flying its flag and registered in its territory that it authorises to fish for tuna and tuna-like fish in the IOTC area. The Commission sends this information to the IOTC Executive Secretariat;
- ensure that only registered vessels carry out fishing activities.
Vessels registered on the IOTC list which fish by longlining* must obtain authorisation from the competent authorities of the flag EU country before carrying out transshipment* procedures in the IOTC fishing area.
The fishing gear of EU vessels authorised to fish in the IOTC zone must bear special markings.
EU countries must:
- transmit to the IOTC secretariat various statistical data on fishing effort and catches concerning migratory species;
- set up a computerised database containing the required statistical data, with access for the Commission;
- assign inspectors to inspection duties at their ports who will be responsible for the surveillance and inspection of transhipment and landing of the species listed in Annex I;
- issue a special identification document to each inspector.
The master of the vessel must cooperate with the vessel inspection and provide the means for examining the zones, equipment and documents.
If there is a serious reason to believe that a fishing vessel has breached the IOTC’s conservation measures, the inspector notes the infringement in the inspection report. He must ensure the safekeeping of the evidence and send the inspection report to his authority. The EU country which has been notified of an infringement by a vessel flying its flag must take speedy action to obtain and examine the evidence, carry out any necessary investigation and inspect the vessel. It then notifies the Commission of the penalties imposed and measures taken with regard to the vessel concerned. The Commission, in turn, informs the IOTC Executive Secretariat.
EU fishing vessels are prohibited from receiving transhipments of fish of the species listed in Annex I from stateless vessels* or those flying the flag of a country that is not a cooperating party. EU countries send any inspection findings of stateless vessels and any action they have taken under international law to the Commission.

CONTROL AND INSPECTION MEASURES SPECIFIC TO ZONE 3

Each EU country must ensure that vessels flying its flag respect the Inter-American Tropical Tuna Commission measures incorporated into EU law and the relevant International Dolphin Conservation Programme agreement measures.

FROM WHEN DOES THE REGULATION APPLY?

It has applied since 23 October 2001.

BACKGROUND

The EU participates in regional fisheries organisations (RFMOs) which allow cooperation on the conservation and management of stocks of highly migratory fish. As a contracting party, it is required to apply the control and monitoring measures resulting from recommendations adopted by these RFMOs.

KEY TERMS

International Convention for the Conservation of Atlantic Tunas (ICCAT Convention): this convention set up the International Commission for the Conservation of Atlantic Tunas (ICCAT). Its recommendations on conservation and management in the convention area are binding on the contracting parties.

Indian Ocean Tuna Commission: this Commission works to strengthen international cooperation for the purpose of conserving and rationally using tuna and related species in the Indian Ocean and adjacent areas. It adopts recommendations which are binding on the contracting parties.

Fattening: the raising of individuals in cages to increase their weight or fat content with a view to marketing.

Longlining: a commercial fishing method that makes use of long lines with baited hooks attached at intervals as fishing gear.

Transshipment: the transfer of a catch from a smaller fishing boat to a larger one which then incorporates it into a larger batch for shipment.

Stateless vessels: vessels for which there are reasonable grounds for suspecting it to be without nationality.

MAIN DOCUMENT

Council Regulation (EC) No 1936/2001 of 27 September 2001 laying down control measures applicable to fishing for certain stocks of highly migratory fish (OJ L 263, 3.10.2001, pp. 1-8)

Amendments to Regulation (EC) No 1936/2001 have been incorporated in the original text. This consolidated version is of documentary value only.